A Randomized Comparative Effectiveness Trial of Two Court‐Connected Programs for High‐Conflict Families

Parents who experience great amounts of legal conflict as they dissolve their relationship and arrive at their parenting arrangements require an outsize proportion of courts’ time and resources. Additionally, there is overwhelming evidence that conflict has a deleterious effect on their children. We partnered with the family court to conduct a study comparing the effectiveness of two programs for families deemed by their judge to be high conflict and thereby mandated to a program. Both involved one 3‐hour session; the existing program, Parent Conflict Resolution (PCR), used exhortational lecture and video; the newly designed experimental program, Family Transitions Guide (FTG), based on motivational interviewing, employed exercises attempting to get parents to decide for themselves what they needed to do for the sake of their children. Parents were assigned at random to one of the two programs (the literature often terms this a randomized clinical trial) and were interviewed just before it began and 9 months later, as was a child. Results showed that child's report of their own well‐being was significantly improved by FTG as compared to PCR and that these effects were mediated by children feeling less caught in the middle. On several variables, parent report showed that parents in PCR as compared to FTG felt decreased problems in co‐parenting and less interparental conflict, although the effects were not consistent across mother and father report. There was also evidence of diminished legal conflict over 9 months in FTG as compared to PCR.     

SELF‐CONTROL AND VICTIMIZATION: A META‐ANALYSIS

A consequential development in victimization theory and research was the idea that individuals with low self‐control self‐select into the various risky behaviors that may ultimately result in their victimization. To establish the empirical status of the self‐control–victimization link, we subjected this body of work to a meta‐analysis. Our multilevel analyses of 311 effect size estimates drawn from 66 studies (42 independent data sets) indicate that self‐control is a modest yet consistent predictor of victimization. The results also show that the effect of self‐control is significantly stronger when predicting noncontact forms of victimization (e.g., online victimization) and is significantly reduced in studies that control directly for the risky behaviors that are assumed to mediate the self‐control–victimization link. We also note that the studies assessing self‐control and victimization are not representative of victimization research as a whole, with intimate partner violence (IPV), violence against women, and child abuse being severely underrepresented. We conclude that future research should continue to examine the causal processes linking self‐control to victimization, how self‐control shapes victims’ coping responses to their experience, and whether self‐control matters in contexts where individuals may have limited autonomy over the behavioral routines that put them at risk for victimization.     

The Biggest “Have” of Them All: Wal‐Mart and Its Litigation Outcomes in Slip‐and‐Fall Cases

Scholars have theorized that resource‐rich litigants known as the “haves” tend to succeed disproportionately in litigation when the adverse party is a “have‐not.” The traditional theory suggests that haves are able to use their wealth to secure better attorney representation and can use their frequent experience in litigation to tip the scales of justice in their favor, particularly when faced with “one‐shotters” whose involvement in litigation is infrequent. A remaining question, however, is whether some haves fare better than other similarly situated haves. Specifically, this article posits that the litigation strategy used by the defendant may also play a role in litigation outcomes. Companies that tenaciously fight claims that, in the short term, would be cheaper to settle might discourage otherwise valid claims in the future from being filed out of fear that the litigation will be a protracted battle. This article examines Wal‐Mart Stores, Inc. (Wal‐Mart)—the largest revenue‐generating company in the United States—to explore whether it fares better than other resource‐rich defendants. Wal‐Mart in particular has a reputation against settling cases and thus is an excellent vehicle to investigate this hypothesis. Appellate cases in an eleven‐year period involving slip‐and‐fall litigation were compiled, and the results show that Wal‐Mart did win at a higher rate than other defendants. Although more research is needed to explore fully the effect of litigation strategy on win–loss rates, this sample of cases demonstrates that Wal‐Mart is a more effective and victorious litigant.     

The alibi‐generation effect: Alibi‐generation experience influences alibi evaluation

Purpose. Post‐conviction DNA exonerations demonstrate a failure of alibis to protect innocent suspects. We contend one reason alibis are not believed is because evaluators underestimate how difficult it is for an innocent person to generate a convincing alibi. We hypothesized that asking evaluators to first generate an alibi of their own would lead evaluators to consider a suspect's alibi as more believable. Methods. Participants (N= 147) were randomly assigned to either evaluate a suspect's alibi before generating their own alibi (evaluate‐first) or generate their own alibi before evaluating the suspect's alibi (generate‐first). Participants provided alibis from either 3 days previous or 30 days previous. In Experiment 2, participants (N= 255) were randomly assigned to either generate‐first, evaluate‐first, or read‐experience (in which they read about alibi‐generation difficulty) conditions. Half the participants were primed to think empathetically with Interpersonal Reactivity Index (IRI) subscales, and half were not. All participants evaluated the believability of the suspect's alibi as well as their own alibis. Results. Across both experiments, participants who generated their own alibi first rated the suspect's alibi as more believable. This alibi‐generation effect overshadowed alibi latency in Experiment 1 and the empathy manipulation in Experiment 2. Conclusions. Alibi‐generation experience seems to change the expectations evaluators have of alibis from criminal suspects. This effect likely emanates from increased awareness that alibis are difficult for innocent people to generate and from the emotional experience of having difficulty generating alibis.     

Rule‐Making by the European Financial Supervisory Authorities: Walking a Tight Rope

The new European Financial Supervisory Authorities have received much attention in the literature, particularly due to their exceptional emergency decision‐making powers. By contrast, this article explicitly chooses to focus on these agencies' less explored yet equally crucial role: their (quasi‐)rule‐making responsibilities. While being less striking at first sight than their emergency counterparts, these rule‐making powers are considerable, carry significant consequences, and raise some interesting dilemmas and concerns. This article complements the previous contribution by going at a lower level of specification and zooming in on a crucial case for studying rule‐making by agencies as the Authorities constitute a culmination of agency rule‐making powers, as well as agency powers, more broadly. The article will analyse the Authorities' main (quasi‐)rule‐making powers and the relevant procedures. It will specifically investigate their role with respect to the adoption of regulatory and implementing technical standards, as well as guidelines and recommendations. The article also identifies and highlights a set of problematic issues that arise, threatening to jeopardise the legitimacy and credibility of their rule‐making.     

Physical and Emotional Well‐Being: Court Performance Measures for Children and Youth in Foster Care

Given that courts have the responsibility to ensure the state is providing proper care to children in its custody, courts need to consider whether those children over whom they have jurisdiction are receiving a quality education and are physically and emotionally healthy. Court well‐being measures were not developed when the safety, permanency, timeliness, and due process measures were established. However, there have been recent efforts to address this void. This article describes the newly developed set of well‐being measures for courts to track success in improving well‐being outcomes in the areas of physical health, mental health, maintaining permanent relationships, transition to adulthood, and enhanced family capacity to provide for their children's needs.     

What Distinguishes Single from Recurrent Sexual Victims? The Role of Lifestyle‐Routine Activities and First‐Incident Characteristics

An unsettling reality is that a substantial proportion of women who have been sexually victimized are recurrent victims who experience more than one sexual victimization while young adults. What is not well understood is why some women experience a single sexual victimization whereas others experience recurrent sexual victimizations. Using a sample of 4,399 college women from the National College Women Sexual Victimization study, we examine lifestyle‐routine activities and first‐incident characteristics that could place women at risk of being recurrent sexual victims during an academic year. Our results show that none of the lifestyle‐routine activities variables differentiated single and recurrent victims; the factors that predicted being a single victim are similarly predictive of being a recurrent victim. However, women who used self‐protective action during the first incident reduced their likelihood of being a recurrent victim. Implications for the development of sexual victimization risk‐reduction and prevention programs are also discussed.     

THE ROLE OF NEIGHBORHOOD CONTEXT IN YOUTH CO‐OFFENDING

Despite co‐offending being a core criminological fact, locating suitable peers has many challenges. Chief among these, given the risky nature of co‐offending, is finding trustworthy accomplices. We propose that neighborhoods serve as youths’ most ready source of accomplices, and as such, their composition affects the likelihood of identifying suitable co‐offenders. In particular, youth are more likely to co‐offend in contexts with more peers of their race/ethnicity, less disadvantage, and greater residential stability—all of which promote trust among neighbors. We test our hypotheses using multilevel models applied to census data and official court records for 7,484 delinquent youth in a large metropolitan area. The results offer support for our hypotheses and provide greater insight into how individual and contextual factors combine to affect co‐offending behavior. An implication of these findings is that many of the same neighborhood characteristics that reduce crime lead to a greater proportion of co‐offending.     

Stress,coping, and psychological well‐being among forensic health care professionals

Purpose. Although forensic services are often regarded as highly stressful environments, there has been a surprising lack of research into the phenomena of occupational stress among forensic health care professionals (FHCP) in the United Kingdom. This study investigated stress, coping, and psychological well‐being among FHCP employed within inpatient settings. Methods. One hundred and thirty‐five FHCP were recruited from four Medium Secure Units in the United Kingdom. A postal research pack was used to collect background information and measures of psychological well‐being, burnout, occupational stress, work satisfaction, and coping. Results. The study found that a substantial proportion of FHCP experienced elevated levels of occupational stress and psychological distress, while moderate levels of burnout were demonstrated in terms of emotional exhaustion, depersonalization, and reduced personal accomplishment. The findings confirmed that FHCP utilized a range of problem‐focused (e.g., positive), emotion‐focused (e.g., religious, negative, and supported), and palliative coping strategies (e.g., excessive smoking and drinking). Conclusions. The results appeared to support the commonly held assertion that forensic services are an inherently stressful and dangerous working environment, which can cause FHCP to experience marked levels of psychological distress, burnout, and occupational stress.     

Interrogative suggestibility,self‐esteem,and the influence of negative life‐events

Purpose. Past research has frequently demonstrated the impact of life adversity on the behaviour and mindset of individuals. In terms of the formal police interview, the experience of negative life‐events may have an effect upon interviewee performance. This study, therefore, aims to investigate how negative life‐events may influence interviewee performance on the Gudjonsson suggestibility scale (GSS). Moreover, self‐esteem will also be investigated in relation to both the experience of negative life‐events and interrogative suggestibility. Method. Sixty participants were administered the GSS1. In between the immediate and delayed recall phases, interviewees were asked to complete the culture‐free self‐esteem inventory, the life‐events questionnaire and the Eysenck personality questionnaire. Results. Negative life‐events (NLEs) were significantly correlated with all of the GSS suggestibility scores (yield 1, yield 2, shift and total Suggestibility). Contrary to past research, however, self‐esteem scores were not significantly related to any of the GSS components or to NLE scores. Conclusion. This paper is the first to show a link between the experience of NLEs and GSS scores. The findings suggest that interviewees reporting a high number of NLEs are significantly more susceptible to the leading questions, as well as to negative feedback, administered during the GSS interview. Erroneous reports and false confessions may thus be more likely with such interviewees, potentially classifying them as vulnerable witnesses.     

MARRIAGE,IN‐LAWS,AND CRIME: THE CASE OF DELINQUENT BROTHERS‐IN‐LAW*

With marriage comes in‐laws, and if the in‐laws include delinquent males, their delinquency could affect the prosocial effects of the given marriage. In this article, I focus on the effect of having a convicted brother‐in‐law as a general indicator of this broader phenomenon of family‐formation processes impairing the positive impact of marriage on crime desistance. I use registry data on all men from birth cohorts 1965–1975 in Denmark (N = 69,066) to show that when a man marries, his new family ties to delinquent brother(s)‐in‐law do indeed hinder his criminal desistance. The results that take into account the characteristics of husbands, wives, their shared family‐formation process, and the criminality of male family members suggest that 1) family dynamics tend to keep criminality within family networks and 2) influences from one's broader social network through marriage are important for the protective effects of marriage. Analyses of previous conviction, co‐offending between a man and his brother‐in‐law, as well as analyses of in‐laws who reside in close proximity confirm the two mentioned main findings. In all, the findings reported in this article add to our understanding of the processes by which families are tied, and how these family‐formation processes influence men's behavior.     

Evaluation of the University of Denver's Center for Separating and Divorcing Families: The First Out‐of‐Court Divorce Option1

The Resource Center for Separating and Divorcing Families (RCSDF) is the first U.S. alternative dispute resolution model to provide legal dispute resolution, therapeutic, educational, and financial services to separating and divorcing families in a single location outside the courthouse. Data were collected on 82 families at entry and service completion: service utilization, process timeliness, family satisfaction, and outcomes. Parents were highly satisfied with the process and demonstrated significant improvements in personal well‐being, co‐parenting, parenting quality, and reported reductions in children's anxiety/depression. Community partners felt RCSDF was a positive innovation in their community. The RCSDF model represents a culture shift from an adversarial process to a cohesive alternative that supports the well‐being of all family members.     

Hukou Status and Sentencing in the Wake of Internal Migration: The Penalty Effect of Being Rural‐to‐Urban Migrants in China

While the disparate legal treatment of immigrants in Western jurisdictions has been well documented in sociolegal scholarship, the potential legal inequality experienced by rural‐to‐urban migrants in China, who have become China's largest disadvantaged social group, has not garnered much attention. To fill the gap, this article empirically examines sentencing disparities related to the Hukou status of criminal offenders by employing quantitative data on criminal case processing in China. The results of our analysis reveal that rural‐to‐urban migrant defendants are more likely to be sentenced to prison than their urban counterparts. In addition, the penalty effect of being a rural‐to‐urban migrant is further magnified in jurisdictions with a larger concentration of migrants. Our findings suggest that discrimination against rural‐to‐urban migrants has become an emerging, significant form of legal inequality in China's criminal justice system, refracting and reinforcing the deep‐seated structural inequality associated with Hukou status in China. The research and policy implications of these findings are discussed.     

CHILD‐FOCUSED AND CHILD‐INCLUSIVE DIVORCE MEDIATION: COMPARATIVE OUTCOMES FROM A PROSPECTIVE STUDY OF POSTSEPARATION ADJUSTMENT

This study compared outcomes over 1 year for two groups of separated parents, who attended two different forms of brief therapeutic mediation for entrenched parenting disputes. The two interventions each targeted psychological resolution of parental conflict, enhanced parental reflective function, and associated reduction of distress for their children. The child‐focused (CF) intervention actively supported parents to consider the needs of their children, but without any direct involvement of the children, while the child‐inclusive (CI) intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Repeated measures at baseline, 3 months, and 1 year postintervention explored changes over time and across treatments in conflict management, subjective distress, and relationship quality for all family members. Enduring reduction in levels of conflict and improved management of disputes, as reported by parents and children, occurred for both treatment groups in the year after mediation. The CI intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well‐being. These effects were strongest for fathers and children. Agreements reached by the CI group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the CF parents. The article explores the potential of CI divorce mediation to not only safely include many children in family law matters related to them, but also to promote their developmental recovery from high‐conflict separation, through enhanced emotional availability of their parents.     

“Impossible Families”: Mixed‐Citizenship Status Couples and the Law

This article explores the complex and contradictory relationship between citizenship in the law and the immigrant reality of mixed‐citizenship family life through in‐depth interviews with individuals in mixed‐citizenship marriages. An examination of mixed‐citizenship marriage exposes the inadequacies of approaching citizenship as an individual‐centered concept. The data indicate that, though both immigration and citizenship laws focus on the individual, the repercussions of those laws have family‐level effects. Because of their spouses' immigrant status, many citizens are obliged by the law to live the immigrant experience in their own country or to become immigrants themselves.     

The relationship between job status,interviewing experience,gender, and police officers' adherence to open‐ended questions

Purpose. The current study examined whether several factors related to the job and demographic profile of police officers are associated with adherence to best‐practice guidelines when interviewing children. Method. One hundred and seventy‐eight police officers completed a standardized (simulated) interview regarding an allegation of abuse by a 5‐year‐old child. Immediately prior to this interview, details were obtained from the officers' regarding their job status, gender, interview experience, the timing and nature of prior training/supervision, and experience outside the policing profession with young children. Results. The results showed that timing of training was the only factor that related to interview performance. The proportion of open‐ended questions among participants who completed their interviewer training course less than 1 month prior to the simulated interview was better than those who completed the training earlier. Interestingly, the performance of the latter group was identical to that of a group of participants who had not yet received any formal interview training. The implications of the findings are discussed, along with directions for future research.     

THE EVOLUTION—OR END—OF MARRIAGE?: REFLECTIONS ON THE IMPASSE OVER SAME‐SEX MARRIAGE

The debate over legalizing same‐sex marriage implicates the question of whether doing so would signal the end—or destruction—of the institution of marriage. The appeal to preserving a millennia‐old tradition of marriage against change fails to reckon with the evolution that has already occurred. Invocations of gender complementarity between parents as essential to child well‐being also conflict with growing recognition in family law that children's best interests can be served by gay and lesbian parents. Canada's path toward same‐sex marriage suggests that impasse need not be inevitable. In the United States, this impasse stems in part from the problem that same‐sex marriage serves as an emblem of everything that threatens marriage.     

Law‐Linked Justice and Existence‐Linked Justice

Abstract. Justice as a manifestation of “the just” is an evasive concept. On the one hand there is the law, an operation run by professionals. On the other hand there are the citizens the law is meant for. Generally speaking the law strives for justice. But the law has to protect many different interests and must work through legal devices. Therefore the justice that emerges from it is necessarily a legal compromise. For the citizens the legal rules are a given reality. Generally they will agree that the law is there to achieve justice but legal arguments that justify a rule or decision cannot have the same value for them. In cases that affect them personally, justice will be a personal, existential experience, which may be incompatible with legal justice. It is hard to keep these two forms of justice under one roof. In order to make this easier this paper proposes a conceptual split between “law‐linked justice” and “existence‐linked justice.” It is argued that the law cannot in truth to its rational origin ignore the citizens’ experience of justice, out of the ordinary as they may be.     

OVERCOMING BARRIERS FAMILY CAMP:A PROGRAM FOR HIGH‐CONFLICT DIVORCED FAMILIES WHERE A CHILD1 IS RESISTING CONTACT WITH A PARENT

Overcoming Barriers Family Camp is an innovative program designed to treat separating and divorced families where a child is resisting contact or totally rejecting a parent. Both parents, significant others, and children participate in a 5‐day family camp experience that combines psycho‐education and clinical intervention in a safe, supportive milieu. This article describes the components of the program, from referrals to intake to aftercare. Evaluation immediately following the camp experience is provided for the camps that ran in 2008 and 2009, and 6‐month follow‐up interview information is provided for the 2008 camp program as well as 1‐month follow‐up about the initiation of aftercare with the 2009 families. A discussion of the strengths and challenges of this approach with entrenched, high‐conflict family systems concludes the article.