The role of prior punishment in preventive detention decisions

ABSTRACT

Preventive detention legislation allows for ongoing detention or supervision following completion of an offender’s sentence. Consideration of public protection should drive the administration of preventive detention, however research has indicated retributive concerns also drive decision making. Two studies were conducted to examine the motives driving preventive detention decisions, and how contextual variables affected the balance between retributive and public protection motives. In Study 1, participants were presented with information about an offender’s remorse, prior punishment, and risk of re-offence. In Study 2, participants were presented with information about an offender’s prior punishment and offence type, and the relative strength of various potential mediators was tested, to determine factors driving effects of prior punishment information. Overall, results demonstrated participants were driven by both retributive and public protection motives, as well as personal characteristics (e.g. political orientation, prejudice against offenders) when making preventive detention decisions. Findings are discussed in terms of their implications for preventive detention legislation.     

Characterization of children's latent fingerprint residues by infrared microspectroscopy: forensic implications

The chemistry of children's latent fingerprint residues was investigated as a function of time and temperature by non-destructive spectrochemical analysis. Latent fingerprints from children, ranging in age from 2 to 11 years, were deposited onto aluminum-coated glass slides and were analyzed by Fourier-Transform Infrared Microspectroscopy. The results revealed that there are three major classes of compounds present in children's latent fingerprints: carboxylic acid salts, proteins, and esters. By studying the changes in the fingerprint residues as a function of time and at elevated temperatures, we discovered that the salts in the fingerprint residues are stable relative to the esters. These findings have relevant forensic implications; by targeting the acid salts instead of the esters or proteins, children's latent fingerprints may be recovered after extended periods of time have elapsed.     

Is Psychological Abuse Reciprocal in Intimate Relationships? Data from a National Sample of American Adults

A national sample of adults in the United States reported on presence, frequency, emotional impact, and behavioral impact of psychologically abusive behaviors in their “worst” cohabiting relationship by their partner as well as by themselves. In addition, they completed instrumentation measuring potential outcomes from much psychological maltreatment. Results from the online survey indicated that psychological abuse of an egregious nature was highly reciprocal, although overall, respondents reported that they engaged in psychological abuse less frequently than their partners and believed that their partners experienced much less negative impact from the respondents’ actions. Specific categories of psychological abuse as well as specific behaviors were also highly likely to be reciprocated. Combinations of high and low psychological abuse exhibited by the respondent and his/her partner resulted in negative outcomes whenever the partner was high in psychological abuse whether or not the respondent used these egregious tactics.     

Aboriginal youth with foetal alcohol spectrum disorder and enmeshment in the Australian justice system: can an intercultural form of restorative justice make a difference?

Aboriginal youth with Foetal Alcohol Spectrum Disorder (FASD) are overrepresented in the justice system. FASD results from prenatal alcohol exposure, and may lead to cognitive, social and behavioural difficulties that increase susceptibility to contact with the justice system. This paper explores the potential contribution of restorative justice in creating diversionary options for Aboriginal youth with FASD, and related cognitive impairments, to prevent enmeshment in the justice system. The lesson from work in Australia and New Zealand is that restorative justice and Indigenous justice are different, but not irreconcilable, projects. We suggest that there is the potential for creating rich intercultural engagement spaces ‘in between’ restorative practices and Indigenous processes: provided that restorative justice – as an essentially Eurocentric paradigm of the Global North – does not attempt to colonise Indigenous justice. An appropriate model would have Aboriginal people engaged in the planning and management of diversionary options, with greater focus on diversion into place-based, Aboriginal owned and managed services. Restorative justice needs to engage with the historical demands of Indigenous peoples for their land and their way of life; though constantly imperilled by forces of neo-liberalism and colonialism, Indigenous peoples remain resilient and provide a vision of an alternative to Euro-modernity.     

Terror and triage: prioritizing access to mass smallpox vaccination

In response to the threat of a smallpox attack on the United States, the Centers for Disease Control and Prevention ("CDC") recommended the establishment of smallpox clinics designed to distribute a vaccine to the entire U.S. population in a ten day period. However, a number of potential obstacles raise questions about the feasibility of this plan. What is needed is a plan that applies principles of triage to smallpox vaccine distribution following a bioterrorism attack. Only in this way can those most vulnerable--the previously unvaccinated--be protected from a significantly increased risk due to delays that might arise in executing the CDC plan.     

State Environmental Policies: Analyzing Green Building Mandates

This research addresses state requirements that public facilities be constructed as “green buildings” that promote environmental friendly, energy efficient, and healthy workplaces. We consider state choices to adopt green building mandates and the form of their policy enactment. In considering the way that low salience issues like green buildings get on state agendas and the circumstances under which governors decide to engage the issue, we extend William Gormley's (1986) depiction of “board room” regulatory politics. State energy agencies provide an attention‐focusing role while governors behave strategically in deciding whether to issue executive orders about green buildings. This research adds to the growing understanding of states as innovators in aspects of environmental policy not normally subject to state regulation.     

Parental Cultural Affiliation and Youth Mental Health Service Use

Studies indicate that African American, Asian/Pacific Islander, and Latino youth have higher rates of unmet mental health needs and lower rates of mental health service utilization compared to non-Hispanic White youth, suggesting that obstacles may exist in the help-seeking and service utilization pathway for minority youth. Parental cultural factors may significantly impact youth service use, and acculturation is one way to measure adherence to culture specific values, beliefs, attitudes, and behaviors. In this study, parental acculturation level, conceptualized as cultural affinity to 1) mainstream American culture and 2) an alternative culture, were examined as potential mediators of the relationship between race/ethnicity and youth service use. The current subsample (n=1364) was drawn from the Patterns of Care study, a larger study of at-risk youth who were active to at least one of five public sectors of care. Our subsample included all youth aged 6–17 who were African American, Asian/Pacific Islander, Latino, or Non-Hispanic Whites (66.6% male). The results indicate that parental acculturation level as measured by affinity to an Alternative Culture was a partial mediator in the relationship between race/ethnicity and mental health service use for Asian/Pacific Islander and Latino youth. Doctoral student in the SDSU/UCSD Joint Doctoral Program in Clinical Psychology, 6363 Alvarado Court, Suite 100, San Diego CA, graduate research assistant, Child and Adolescent Services Research Center, Children’s Hospital, San Diego, 3020 Children’s Way (MC 5033), San Diego, CA 92123 Assistant Professor of Psychology, San Diego State University; Assistant Adjunct Professor of Psychiatry, University of California, San Diego, Research Scientist, Child and Adolescent Services Research Center, San Diego, 3020 Children’s Way (MC 5033), San Diego, CA 92123 Research Scientist, Child and Adolescent Services Research Center, Children’s Hospital, San Diego, Assistant Professor of Psychology, University of San Diego; Adjunct Assistant Professor of Psychiatry, University of California, San Diego, 3020 Children’s Way (MC 5033), San Diego, CA 92123 Research Professor of Psychiatry and Family and Community Medicine at the University of New Mexico, Adjunct Professor of Psychiatry at the University of California, San Diego; Emeritus Professor of Sociology at San Diego State University; Senior Research Scientist at the Child and Adolescent Services Research Center, Children’s Hospital, San Diego, 3020 Children’s Way (MC 5033), San Diego, CA 92123