The cases of Alfred Dreyfus,Mendel Beilis,and Leo Frank

B.A., City College of New York 1973; J.D., American University 1976; LL.M., New York University 1980.     

Perceived Distributive Fairness of EU Transfer Payments, Outcome Favorability, Identity, and EU-Tax Compliance

In a representative UK study (N = 1000) the link between distributive fairness perceptions, outcome favorability, identity, and tax compliance was researched in the context of European transfer payments. Results showed that both forms of tax compliance (i.e., individual and collective EU-tax compliance) were influenced by perceived distributive fairness judgments of EU transfer payments. Fairness itself was related to perceived outcome favorability (i.e., whether their own nation benefits from the EU in financial as well as socio-political terms). Additionally, national identifiers (i.e., people identifying with their own nation, but not with Europe) perceived EU membership as unbeneficial in financial as well as in socio-political terms and thus considered the transfer payments as less fair. Dual identifiers (i.e., people identifying with their own nation and with Europe) perceived the socio-political outcomes from EU membership as more beneficial and thus evaluated the transfer payments as fairer.     

On Leo Katz,double jeopardy,and the blockburger test

Associate, Stoel Rives Boley Jones &; Grey, Portland, Oregon; J.D., Yale Law School, April 1989; B.A., Philosophy, Reed College, 1979.     

Access and allocation: rights to water,sanitation and hygiene

This paper provides a decadal review of earth system governance (ESG) literature surrounding access and allocation to water, sanitation and hygiene. ‘access and allocation’ is one of five analytical problems, and ‘water’ a cross-cutting theme, identified in the ESG science and implementation plan (Biermann et al. 2010). A focused review of ESG and related literature reveals that the ESG literature is very robust in relation to access to water, sanitation and hygiene as a human right. However, the ESG literature lacks a robust, independent consideration of the right to hygiene or sanitation or its linkage and costs vis-à-vis other rights. There is no criteria for resolving competing demands on finite freshwater resources, as well as procedures for balancing rights. It is unclear how a transformed nuanced narrative of water access and allocation rights will address vulnerability and social inequality within this new balancing act.

     

School environment, self-esteem, and delinquency

The positive and negative effects of one's school environment (and interracial contact within this environment) have been widely debated. A question of great concern is whether the racial composition (e.g., school environment) of a school affects one's self-esteem. The present study explored whether self-esteem, race-esteem, school commitment, and delinquency differ by the racial composition of a school. Self-report questionnaires were administered to a random sample of 1,100 high school students in a large midwestern city of the United States. The findings (a) suggest that all four measures differ by school environment, and (b) provide partial support for earlier studies claiming that, within racially homogeneous school environments, African American students, in particular, enjoy higher self-esteem. Moreover, this finding might suggest that racial diversity within certain school environments (e.g., mostly Caucasian or equally mixed) carries with it lower levels of self-esteem. Higher rates of self-reported delinquency, however, were found in the equally mixed school environment than in racially homogeneous school environments.     

Public goods, taxes, and takings

Blume, Rubinfeld, and Shapiro [Blume, L., Rubinfeld, D., & Shapiro, P. (1984). The taking of law: When should compensation be paid? Quarterly Journal of Economics, 99, 71–92] first showed that compensation for takings can lead to a moral hazard problem that results in overinvestment in land suitable for public use. To the contrary, this paper shows that when compensation is financed by a proportional property tax, the compensation rule is irrelevant regarding the level of investment landowners make in their property, as well as the amount of land they authorize the government to acquire, both of which will be efficient. Intuitively, landowners recognize the equivalence of taxes and takings in budgetary terms, causing the distortionary effects of compensation and property taxation to cancel each other out through the balanced budget condition.     

Incivilities in nonmetropolitan communities: The effects of structural constraints, social conditions, and crime

Guided by social disorganization theory and the emerging concept of collective efficacy, this study used three sources of data, including community surveys administered to 1,125 citizens nested in thirty-one residential units, and hierarchical modeling techniques to examine the effects of structural features and collective social processes, net of property crime (i.e., burglary) and citizen-level sociodemographic characteristics, on perceived incivilities (i.e., signs of physical decay and social disorder) in nonmetropolitan communities. The results showed that respondents living in economically disadvantaged geographic areas were significantly more likely to perceive their immediate surroundings in more negative terms (i.e., higher levels of incivilities). Respondents living in residential units characterized by higher levels of collective efficacy (i.e., a composite measure consisting of both cohesion and control), however, reported significantly fewer incivility problems. When assessed separately, social cohesion partially mediated the effects of economic disadvantage. The findings indicated that social disorganization theory generalizes to less densely populated, nonmetropolitan communities.     

Social position,ideology, and distributive justice

This paper addresses two important questions regarding distributive justice. First we ask whether people use standards or principles of distributive justice regarding the allocation of income. The study confirms our expectation that there are at least two principles, viz., the merit and the need principle. Our data show that there is no generally held consensus about the applicability of these two principles. Second, we looked for explanations to explain variations in adherence to these principles. The literature suggests five different theses: 1. self-interest; 2. ideology; 3. enlightenment; 4. historical shift; and 5. gender. Results provide qualified support for the Theses 1, 2 and 4. Class, ideology, and age affect the preferences for the principles of justice. Further elaboration suggests the data point to a specific version of the self-interest thesis, viz., the underdog thesis. Theses 3 and 5 are not confirmed. Implications of these findings are discussed.     

Murder, Extramarital Affairs, and the Issue of Probative Value

A paper previously published in Law and Human Behavior by D. Davis and W. C. Follette (2002) argued that certain "profiling" characteristics commonly admitted into court have little or no probative value. They argued that this is especially likely to be true when the characteristic used as evidence (e.g., having an extramarital affair) is rather common in the population whereas the act in question (e.g., a man murdering his wife) is rare. Their analysis has prompted a strong response by Friedman and Park and by Kaye and Koehler with a rejoinder by Davis and Follette (all three follow this paper in this issue of Law and Human Behavior). This paper describes some of the nature of this controversy.     

Competitive Liberalization,Competitive Imperialism,and Intellectual Property

Aggressive pursuit of free trade agreements (FTAs) and customs unions (CUs) by major and minor trading powers alike challenges the conventional wisdom in favor of such pursuit – competitive liberalization. An equally plausible explanation for an active bilateral and regional trade agreement policy, one which effectively de-emphasizes multilateralism, may be competitive imperialism. The protection and enforcement of intellectual property rights is one area in which new provisions, going beyond multilateral rules, are being negotiated and written into FTAs and CUs. Such provisions may yield insights into which characterization of bilateralism and regionalism – competitive liberalization or competitive imperialism – is more apt. Rice Distinguished Professor, The University of Kansas, School of Law, Green Hall, 1535 West 15th Street, Lawrence, KS 66045-7577, USA. Tel. +1-785-8649224. Fax. +1-785-8645054. www.law.ku.edu. J.D., Harvard (1989); M.Sc., Oxford (1986); M.Sc., London School of Economics (1985); A.B., Duke (1984). Marshall Scholar (1984-86). Member, Council on Foreign Relations, Royal Society for Asian Affairs, and Fellowship of Catholic Scholars. Author, Modern GATT Law (Sweet & Maxwell 2005), International Trade Law: Theory and Practice (2nd ed. 2000, 3rd ed. forthcoming 2007-08), and Trade, Development, and Social Justice (Carolina Academic Press 2003). I am thankful to my Research Assistant, Mr. David R. Jackson (B.A., George Mason University, 1992; J.D. Class of 2007, University of Kansas), for his indispensable help on this work. I also am grateful to Dr. Mohammed El Said, University of Central Lancashire (UCLAN), for his consistent support and friendship, and for what he has taught and continues to teach me about international trade and intellectual property.     

Tax amnesties, justice perceptions, and filing behavior: a simulation study

A simulation study demonstrates the influence of perceived justice of a tax amnesty on subsequent tax compliance. In addition, it investigates how the amnesty is perceived to serve the punishment objectives retribution (i.e., giving offenders what they "deserve") and value restoration (i.e., restoring the values violated by tax evasion). Hierarchical regression analysis revealed the expected positive influence of justice on subsequent tax compliance. However, when the influence of punishment objectives was controlled for, the influence of justice disappeared, while retribution and value restoration showed positive effects on post-amnesty tax compliance.     

Differences in Psychosexual Development Among Child,Peer, and Mixed Juvenile Sex Offenders

Researchers have examined a number of typologies of juvenile sex offenders, including victim age. Using data from psychological evaluations and the Multiphasic Sex Inventory-II (MSI-II; [Psychological assessment of sex offenders, 2010 ]), this study compared child offenders (i.e., victims were more than 4 years younger), peer offenders (i.e., victims were 4 years younger or less), and mixed offenders (i.e., both child and peer victims) on variables including victim, offender, and offense characteristics, and psychosexual development. Peer offenders had more severe sexual offenses, prior status/nonviolent charges, and issues with sexual functioning. Mixed offenders began offending at a younger age and were indiscriminate in gender and relationship of the victim. Mixed offenders were also more likely than child and peer offenders to have prior sex offender treatment, meaning they had previously failed treatment. As juvenile sex offenders are a heterogeneous group, these research findings suggest that child offenders, peer offenders, and mixed offenders’ treatment needs differ from each other.     

Controlling crime by persons who make,defend, and are supposed to enforce the laws

B.A., St. John's College 1949; J.D., Yale Law School 1952.     

Procedural Fairness,Blame Attributions,and Presidential Leadership

The removal of the President of the United States from office is a rare and significant event. This study investigated the influence of procedural fairness and blame attributions on punishment and support attitudes during the 1998 impeachment of President Clinton. This study assessed the influence of the procedural fairness of Clinton's behavior, procedural fairness of the Kenneth Starr/Congress investigation, satisfaction with Clinton policies, and blame attributions on punishment attitudes (i.e., whether Clinton should be removed from office) and support attitudes (i.e., whether individuals would vote for Clinton if an election were held today). Both the procedural fairness of Starr/Congress and procedural fairness of Clinton' behavior significantly influenced punishment and support attitudes. Procedural fairness of Clinton had indirect effects on punishment attitudes (through perceived blame of Clinton) and direct effects on support attitudes. Procedural fairness of Starr/Congress had direct effects on both punishment and support attitudes.     

Actor, situation, and context: A framework for delinquency theory integration

Survey data are presented and discussed as they relate to juvenile involvement in serious and violent delinquency. Juveniles confined in two detention centers were administered self-report questionnaires (n=127). An integrated model that combines social structural variables (i.e., neighborhood disorganization and strain) with social process variables (i.e., parental control, social bond, and delinquent peer associations) was tested by way of path analysis. The data generally support the integrated model, explaining as much as 44% of the variance. Two variables, delinquent peer associations and an overall social bond indicator, directly and significantly predict serious delinquent behavior. Delinquent peer associations are significantly related to neighborhood disorganization, while the social bond is significantly related to parental control and strain. Thus, the data support a systems approach to explaining delinquent behavior, where social structural variables affect social process variables. Earlier versions of this paper were presented at the annul meeting of the Academy of Criminal Justice Sciences, Albuquerque, NM, 1998 and at the annual meeting of the American Society of Criminology, Washington, D.C., 1998.     

Race,occupational status,and pro-active police arrest for drinking and driving

The issue of pro-active police arrest bias by race, occupational status, and police patrol intensity is examined using the offense of DUI (Driving Under the Influence of alcohol). Intoxicated drivers from a 10-weekend roadside survey of vehicles randomly selected from the streets of a medium-sized southeastern metropolitan area are compared to officially arrested drivers apprehended during a corresponding time period. Upon examination, no statistically significant arrest bias was detected by the driver's race. However, compared to the roadside survey population, lower occupational status drivers (i.e., blue collar) were significantly more likely to appear in the arrested population than an upper status (i.e., white collar) driver—especially in the lightly patrolled middle and upper class residential sections of town. The significance of occupational status, when combined with the finding that race was not a significant indicator of difference between the arrested and roadside survey populations, suggests that pro-active police arrest bias is more a function of institutionally determined police patrol practices rather than overt racial prejudice on the part of individual officers.     

Methamphetamine use, self-reported violent crime, and recidivism among offenders in California who abuse substances

This study uses data from 641 state prison parolees in California to examine the associations between methamphetamine use and three measures of criminal behavior: (a) self-reported violent criminal behavior, (b) return to prison for a violent offense, and (c) return to prison for any reason during the first 12 months of parole. Methamphetamine use was significantly predictive of self-reported violent criminal behavior and general recidivism (i.e., a return to custody for any reason). However, methamphetamine use was not significantly predictive of being returned to custody for a violent offense. These trends remained even after controlling for involvement in the drug trade (i.e., sales, distribution, or manufacturing).     

Victim Blame in Fictional Crime Dramas: An Examination of Demographic,Incident-Related,and Behavioral Factors

How victims are portrayed in fictional crime dramas is an important way that individuals come to understand and interpret what it means to be a victim of crime. We examine how demographic variables (e.g., gender, race, age), incident variables (e.g., location of offense, relationship between victim and offender, type of crime), and behavioral variables (e.g., drug use/alcohol use, sexual promiscuity, negative personality traits, or concealing elements of personality) predict victim blame. Although some literature has analyzed victims in fictional crime dramas, such literature has been limited to a single year, a single show, a particular crime, or a particular factor. We extend this literature by focusing on multiple factors that predict victim blame using data collected from a systematic sample of 124 episodes from 4 fictional crime dramas (CSI, Law & Order: Special Victims Unit, Criminal Minds, and Without a Trace) over 7 years (2003–2010).     

Violence Risk Assessment and Risk Communication: The Effects of Using Actual Cases,Providing Instruction,and Employing Probability Versus Frequency Formats

This article describes studies designed to inform policy makers and practitioners about factors influencing the validity of violence risk assessment and risk communication. Forensic psychologists and psychiatrists were shown case summaries of patients hospitalized with mental disorder and were asked to judge the likelihood that the patient would harm someone within six months after discharge from the hospital. They also judged whether the patient posed a high risk, medium risk, or low risk of harming someone after discharge. Studies 1 and 2 replicated, with real case summaries as stimuli, the response-scale effects found by Slovic and Monahan (1995). Providing clinicians with response scales allowing more discriminability among smaller probabilities led patients to be judged as posing lower probabilities of committing harmful acts. This format effect was not eliminated by having clinicians judge relative frequencies rather than probabilities or by providing them with instruction in how to make these types of judgments. In addition, frequency scales led to lower mean likelihood judgments than did probability scales, but, at any given level of likelihood, a patient was judged as posing higher risk if that likelihood was derived from a frequency scale (e.g., 10 out of 100) than if it was derived from a probability scale (e.g., 10%). Similarly, communicating a patient's dangerousness as a relative frequency (e.g., 2 out of 10) led to much higher perceived risk than did communicating a comparable probability (e.g., 20%). The different reactions to probability and frequency formats appear to be attributable to the more frightening images evoked by frequencies. Implications for risk assessment and risk communication are discussed.     

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.