Comparing the Social Service Utilization, Exposure to Violence, and Trauma Symptomology of Domestic Violence Female “Victims” and Female “Batterers”

Although some authors have suggested that women batterers may really be self-defending victims, to date, no research has been initiated to empirically support this assertion. This paper describes the design and outcomes of a research project that investigated the similarities and differences between women adjudicated as domestic violence batterers and women identified as domestic violence victims. Findings indicated group similarities in the areas of exposure to violence and social service utilization. Although both groups reported high levels of trauma symptomology, victim scores were significantly higher.     

Do courtship-violent men have characteristics associated with a “Battering Personality”?

Three studies explored the presence of characteristics associated with battering personalities in courtship-violent college men. These characteristics were derived from Signs to Look for in a Battering Personality developed in Fayetteville, AR, to describe wife-batterers. In the first study, two questions measured aggression. In the second and third study, Straus's (1979) Conflict Tactics Scale was also used. Attitudes toward Women (Spence et al., 1973) were measured in the first two studies. Sexual aggression (Koss et al., 1987) was measured in the third investigation. Univariate ANOVAs in all three studies showed that many of the characteristics associated with wife-battering men were also associated with college men who admitted to engaging in low-level courtship violence. However, stepwise discriminant analyses showed that two variables, threats and verbal abuse, were the most predictive of courtship violence in college men. Additional notable associations were found between the use of playful force during sex and self-reported sudden mood swings and/or a quick temper and courtship violence.     

Political corruption and the role of public prosecutors in Italy

This paper analyzes the problem of political corruption in Italy and the role public prosecutors have played in unraveling such a phenomenon. The factors that have contributed to fostering systemic corruption as well as those that have contributed to uncovering such a system are given careful consideration. The most relevant conclusion is that whereas endogenous forces in the judiciary (prosecutors and judges) — in particular, its low level of institutional autonomy — have prevented it from containing corruption, exogenous forces — which have broken the conditions that had favoured the stability of the so-called first Republic — have led prosecutors to engage in massive investigations.This article is a revised version of the paper prepared for delivery at the 1994 Workshop on Corruption and Politics held at the Instituto Internacional de Sociologia Juridica, Onati (Spain), July 13–14, 1994. I am appreciative to Prof. Giuseppe Di Federico (University of Bologna) for his deep insights of this complex matter and for his very useful comments.     

Juror decision making in the capital penalty trial

Two factors thought to influence jurors' penalty decisions in capital trials—the nature of the crime committed and the defense's portrayal of the convicted offender's character—were examined. Mock jurors were death-qualified and exposed to one of twelve simulated penalty trials. Each trial was comprised of one of three capital crimes and one of four defense strategies. Jurors were least punitive in robbery-murder conditions and most punitive in multiple murder conditions. A conceptual argument against capital punishment was the most effective defense; a mental illness defense was the least effective. Penalty decisions were mediated by three attributional variables: (a) juror perceptions of the defendant's volition, (b) juror perceptions of the defendant's future dangerousness, and (c) juror perceptions of the relative competency of the opposing attorneys.This article is based on the author's dissertation which received an Honorable Mention in the 1985 SPSSI Dissertation Prize competition. The research was made possible by grants from the University of California, Santa Cruz and Division 41 of the American Psychological Association. The author is indebted to Craig Haney, Elliot Aronson, and Dane Archer for their valuable suggestions and support.     

Between hermeneutics and semiotics

Translated by David Pellauer from the French, Entre herméneutique et sémiotique,Nouveaux Actes Sémiotiques (Vol.II, 1990, forthcoming).     

Interviewing Preschoolers: Comparisons Of Yes/No and Wh- Questions

This study investigated the influence of question format on preschool-aged children's errors, their response accuracy, and their tendency to say I don't know when given non-misleading questions in a neutral, unbiased context. Children (3 to 5 years old) participated in a craft-making session that included a staged accident with two experimenters differing in gender and appearance; the environment also had several distinctive features. One week later children were interviewed about actions, participants, and environment; questions were yes/no format with the veridical response yes (yes questions), yes/no format with the veridical response no (no questions), and specific wh- format questions. Question format substantially influenced children's responses: they were most likely to make errors if asked no questions, and were unlikely to answer either yes/no question with I don't know. In contrast, children spontaneously and frequently said I don't know to wh- questions about content they did not recall (environment), but not about content that was well recalled (actions). Implications of question format for reliability of eyewitness testimony by preschoolers are discussed.     

Continuing barriers to women's credibility: A feminist perspective on the proof process

This article is an expanded version of a paper presented at the Society for the Reform of Criminal Law Conference on Reform of Evidence Law, Vancouver, British Columbia, Canada, August 3–7, 1992.     

Precedent Externality, Network Effect, and the Possible Inefficiency of the Evolution of Laws

Using the traditional scenario of tort conflict as an example, I argue that the marginal precautionary costs of injurers and victims are not constant, as was assumed by most previous researchers. The precedent of a liability rule has some natural externality on the precaution technology, and hence marginal cost, faced by future agents involved in torts. The adoption of legal rules therefore has a network effect, meaning that the present prevalent adoption of one rule increases the probability of its future adoption. Treating the dynamic evolution of legal rules as a random process, we are able to apply an established result in the literature of network economies to conclude the path-dependence, non-predictability, and potential inefficiency concerning the final legal rule to which the dynamics converge.     

Protective Orders and Domestic Violence: Risk Factors for Re-Abuse

One of the few legal tools for protecting victims of domestic violence is the civil Protection Order (PO). How effective they were in preventing re-abuse was analyzed by examining court and police records from 210 couples in which female victims (or applicants) filed POs against their violent partners. Police records for 2 years prior and two years following the issuance of a PO were reviewed. Results indicated a significant decline in the probability of abuse following a PO. Prior to filing a PO, 68% of the women reported physical violence. After filing, only 23% reported physical violence. Several risk factors were assessed and it was found that very low SES women were more likely to report re-abuse as were African-Americans.     

Terrorism and the law: Historical contexts, contemporary dilemmas, and the end(s) of democracy

Recent proposals by the G7 (and Russia) to clamp down on terrorists and terrorism do not define that which is prohibited. Instead, a threat is communicated which in turn allows, among other things, greater attention to be paid officially to camouflage charities and terrorist use of the Internet. Nevertheless, it is somewhat of a truism to note that terrorist violence is ultimately defined or characterized, for purposes of legal prohibition, within a highly politicized atmosphere. Starting with a short summary of anti-terrorist codification efforts made this century, this article examines some of the security interests cited by governments today in their respective struggles against terrorism. More specifically, it is argued that individual perceptions of personal and societal threat are heightened unnecessarily not only by a constant stream of governmental anti-terrorist rhetoric, but further, by an awareness of official and unofficial methods of anti-terrorist surveillance, and the use to which the information so obtained can be put.     

Status and practices of the legal text

Translated by Isabelle Llasera from Statut et pratiques du texte juridique, in D. Bourcier and P. Mackay (eds.),Lire le droit. Langue, texte, cognition (Paris: Librairie Générale de Droit et de Jurisprudence, 1992).     

More on Ultimate and Immanent Justice: Results from the Research Project “Justice as a Problem within Reunified Germany”

In earlier studies it was shown that two domain-specific variates of belief in a just world, namely belief in immanent justice and belief in ultimate justice concerning severe illness, differ systematically and significantly. Only immanent justice leads to accusation and derogation of innocent victims while ultimate justice is concordant with positive evaluations of victims and helping behavior. With regard to the research project Justice as a Problem within Reunified Germany (GiP, from the German Gerechtigkeit als innerdeutsches Problem), two new scales were developed for purposes of measuring general belief in immanent and ultimate justice. Using a sample of 929 West Germans and 1,275 East Germans, some of the correlation patterns found in earlier studies could be replicated. For example, immanent justice did correlate with draconian judgments (the proneness to strict and severe judgments), while ultimate justice was associated with mildness. Only ultimate justice correlated with existential guilt about the underprivileged. Beside this confirmation of earlier findings, new correlation patterns were revealed. For example, only immanent justice correlated with the equity principle, whereas ultimate justice corresponded to the need and equality principles.     

A path analytic approach to the validation of a taxonomic system for classifying child molesters

This study examined the validity of the most recent revision of a taxonomy for child molesters developed at the Massachusetts Treatment Center (MTC:CM3). The taxonomy is distinguished both from earlier versions of this system and from other systems, by three major changes: (a) the partitioning of the regressed/fixated dichotomy into two separate factors-level of social competence and degree of fixation on children, (b) the introduction of a new type (narcissistic) to fill an empirically determined gap between the object-related offender and the antisocial, exploitative offender, and (c) the differentiation of the violence in the sexual offense into nonsadistic and sadistic components. MTC:CM3 was used to classify 177 child molesters who were committed to the Treatment Center. Variables coded from the clinical files were rationally grouped according to developmental period and subjected to principal-components analysis (PCA). The PCA-derived components then were entered into a series of regression analyses. The resulting three path models indicated that the new subtypes created by the aforementioned refinements had distinct developmental courses and adult adaptations.     

Life Constraints and Psychological Well-Being of Domestic Violence Shelter Graduates

Psychosocial adjustment and life constraints of 81 domestic violence shelter graduates were examined via field interviews in the community, assessing womens current life status, satisfaction with core life domains, and violence experience, pre- and post-shelter. Psychometric scales for depression and trauma symptoms were also administered. Participants had received extensive services in either an emergency or a transitional living shelter. Although fairly satisfied across life domains, many had serious post-shelter financial hardships. Most importantly, they reported remarkably little post-shelter violence exposure, either within or outside of romantic relationships. Despite now living independently, 43% and 75% reported clinical levels of depression and trauma symptoms, respectively. In hierarchical stepwise regressions, depression was related to womens childhood sexual abuse, dissatisfaction with housing and their own parenting, and experience of financial difficulties conjoined with public assistance. Trauma symptoms were associated with childhood sexual abuse and post-shelter financial difficulties. The impaired psychosocial functioning and life difficulties of these predominantly successful domestic violence survivors highlights the need for specialized shelter intervention and continuity of care in the community.     

European Editors of Economics Journals—A General Discussion

In a final inquiry at the end of the Conference on Editorial Policies the three editors, Bruno S. Frey (Kyklos), Manfred J. Holler (Homo oeconomicus), and Jürgen G. Backhaus (European Journal of Law and Economics), were asked to comment on their editorial policies. They answered by explaining the challenges they were or still are confronted with, which strategies they have already developed to go on and of course what they have learnt from the deliberations at this conference. In their statements they referred to their preceding paper presentations, and the contributions by Wolfgang Bergsdorf, who is the chief editor of Die Politische Meinung, and Peter Senn.     

From coercion to deception: the changing nature of police interrogation in America

Our police, with no legal sanction whatever, employ duress, threat, bullying, a vast amount of moderate physical abuse and a certain degree of outright torture; and their inquisitions customarily begin with the demand: If you know what's good for you, you'll confess. (Ernest Jerome Hopkins, 1931)¹ Today, Ness Said, interrogation is not a matter of forcing suspects to confess but of conning them. Really, what we do is just to bullshit them (William Hart, 1981)² There is an interesting irony at work here: restrict police use of coercion, and the use of deception increases. (Gary Marx, 1988)³ In both popular discourse and academic scholarship one continually encounters references to the tradition-bound police who are resistant to change. Nothing could be further from the truth. The history of the American police over the past 100 years is the history of drastic, if not radical, change. (Samuel Walker, 1977)⁴ A longer version of this paper was presented at the Annual Meeting of the American Society of Criminology in November, 1991.