Dubious delegation: Article III limits on mental health treatment decisions

A common condition of supervised release requires a defendant, post-incarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However, Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court case law, this Note argues that a "judicial act" encompasses decisions affecting the defendant's significant liberty interests. The Supreme Court case law and the mental health literature make clear that significant liberty interests are at stake in these "treatment program" decisions. Thus, delegating the "treatment program" decision to probation officers is unconstitutional under Article III. The Note concludes by suggesting a constitutionally permissible scheme whereby the judge orders a maximally intrusive treatment while giving the probation officer the discretion to choose a less restrictive program.     

A Psychological Autopsy of 9/11 Ringleader Mohamed Atta

Simple logic dictates that some suicide terrorists are more significant than others. However, major questions still remain about the motives and psychology of 9/11 ringleader Mohamed Atta, arguably the most significant suicide terrorist in human history. This article constructs a psychological autopsy of Atta in order to provide a much more complete explanation of his behavior. First, it suggests that accounts which solely attribute Atta??s actions to religious and political ideology appear severely incomplete. It then reviews evidence that Atta may have been clinically suicidal, and that his struggles with social isolation, depression, hopelessness, guilt, and shame were extraordinarily similar to the struggles of those who commit conventional suicide. Finally, it considers how Atta??s ideology may have interacted with his suicidal tendencies to produce his final act of murder-suicide on September 11, 2011.     

The role of empathy in anger arousal in violent offenders and university students

A lack of empathic responsiveness toward others has been consistently identified as an important antecedent to aggressive behavior and violent crime, with many rehabilitation programs for violent offenders incorporating treatment modules that are specifically designed to increase offender empathy. This study examined the extent to which cognitive (perspective taking) and affective (empathic concern, personal distress) empathy predicted anger in a clinical (male prisoners convicted of a violent offense) and a nonclinical (student) sample. Perspective taking emerged as the strongest predictor of self-reported anger in response to an interpersonal provocation, as well as being most consistently related to scores on measures of general trait anger and methods of anger control. While the relationship between perspective taking and anger was apparent for offenders as well as students, the results did not support the idea that an inability to perspective take is a particular characteristic of violent offenders.     

Low Self-Control, Deviant Peer Associations, and Juvenile Cyberdeviance

Gottfredson and Hirschi??s (1990) general theory of crime and Akers?? (1998) social learning theory have received strong empirical support for explaining crime in both the physical and cyberworlds. Most of the studies examining cybercrime, however, have only used college samples. In addition, the evidence on the interaction between low self-control and deviant peer associations is mixed. Therefore, this study examined whether low self-control and deviant peer associations explained various forms of cyberdeviance in a youth sample. We also tested whether associating with deviant peers mediated the effect of low self-control on cyberdeviance as well as whether it conditioned the effect. Low self-control and deviant peer associations were found to be related to cyberdeviance in general, as well as piracy, harassment, online pornography, and hacking specifically. Deviant peer associations both mediated and exacerbated the effect of low self-control on general cyberdeviance, though these interactions were not found for the five cyberdeviant types examined.     

Prescribing engagement in environmental risk assessment for gene drive technology

Gene drive technology is a nascent biotechnology with the potential to purposefully alter or eliminate a species. There have been broad calls for engagement to inform gene drive governance. Over the past seven years, the gene drive community has been developing risk assessment guidelines to determine what form future gene drive risk assessments take, including whether and how they involve engagement. To explore who is developing these guidelines and how engagement in risk assessment is being prescribed, we conduct a document analysis of gene drive risk assessment guideline documents from 2014 to 2020. We found that a narrow set of organizations have developed 10 key guideline documents and that with only one exception the documents prescribe a narrow, vague, or completely absent role for engagement in gene drive risk assessment. Without substantively prescribed engagement in guidelines, the relevance, rigor, and trustworthiness of gene drive risk assessment and governance will suffer.     

Navigating the space between politics and administration: The informal practices of Ontario school board trustees

Through interviews with 25 school board trustees in Ontario, this article contributes to the growing literature that explores the politics-administration dichotomy at the local government level in Canada. While existing literature is oriented from the perspective of the local government administrator, we examine the relations between local government politicians and administrators from the orientation of the former to determine how they navigate the dichotomy, particularly in a context where it is arguably more contested. We identify six informal practices trustees adopt in representing constituents and confronting tensions inherent in their role, namely: navigating, influencing, listening, translating, informing, and uploading.     

Evaluating collaborative institutions by segregation and homophily in policy networks

Many policy systems are experimenting with collaborative institutions to manage complex policy problems in the face of persistent conflict and scientific uncertainty. Policy networks are central to the theory of why collaborative institutions are effective. While many policy systems naturally become segregated, fragmented, or siloed due to homophily, collaborative institutions are hypothesized to create more integrated systems of organizational collaboration. Collaborative institutions may, therefore, be evaluated by the extent to which they reduce the tendency toward homophily and increase the integration of policy networks. This paper evaluates three collaborative institutions in regional land-use planning and specifies a theory of the program from two prominent frameworks: Institutional Collective Action and the Advocacy Coalition Framework. Results show that three forms of homophily are at work, and that in some cases, collaborative institutions successfully reduce the tendency toward network segregation.     

Terrorism Research: Past,Present, and Future

Research on terrorism and counterterrorism draws on many disciplines, including Politics, History, Sociology and Anthropology. Yet there are concerns about scope, methodology, impact, and the level of public debate. An agreed definition of terrorism is unattainable: there should be more focus on particular acts rather than labelling whole movements. The threat of terrorism should be kept in proportion. Understanding its causes, and associated belief-systems, is crucial to conducting effective counterterrorist operations. Evaluations of the effectiveness of both terrorism and counterterrorism need to encompass more factors, including terrorism's deadliest legacies: wars on terror that fail, and a habit of violence.