Abetting a Crime

I focus on the set of problems that arise in identifying both the actus reus and (to an even greater extent) the mens rea needed by an abettor before she should be criminally liable for complicity in a crime. No consensus on these issues has emerged in positive law; commentators are enormously dissatisfied with the decisions courts have reached; and critics disagree radically about what reforms should be implemented to rectify this state of affairs. I explicitly deny that I will be able to solve these problems, although I hope at least to identify a central source of the confusion. In my view, the problem results largely from conceptualizing the liability of abettors as derivative. This diagnosis helps us to understand why the problem is likely to remain insoluble in positive law. If the test of an adequate theory consists primarily in its ability to produce results that conform to our moral intuitions about how particular cases should be resolved, no approach that can be implemented in the real world will prove wholly satisfactory. I advance a hypothesis about why failure is inevitable and what should be done in light of this predicament. Legal realities compel us to adopt a position that is suboptimal from a moral point of view.     

Aggressive Parental Discipline Experienced in Childhood and Internalizing Problems in Early Adulthood

Parental use of aggressive discipline, specifically corporal punishment (CP) and psychological aggression (PA), has been shown to increase the risk for a number of problem behaviors in children and adolescents. How CP and PA experienced in childhood contribute to adverse developmental outcomes in adulthood remains to be understood. Survey data collected from University of Manitoba students (n?=?1133) was used to assess the effects of childhood experiences of CP and PA on internalizing problems (i.e., depression, anxiety, and low self-esteem) in early adulthood. Because aggressive disciplinary techniques do not occur in isolation, a number of protective factors were also considered in analyses. Both CP and PA were associated with lower levels of parental warmth/support and responsiveness, and more inconsistency in discipline. However, highly inductive parents tended to use CP and PA more frequently than less inductive parents. Hierarchical regression analyses indicated that childhood PA predicted anxiety and lower self-esteem in adulthood, even after the effects of positive parenting were taken into account. These findings suggest that not only do CP and PA tend to occur within environments that are less conducive to positive development, but also predict problematic developmental outcomes in adulthood even after the effects of protective factors are taken into account.     

Sexual Harassment in the Federal Workplace

What factors influence the likelihood that a federal worker will receive unwanted sexual attention? Who is most likely to be accused of sexual harassment? What factors influence federal workers' perceptions of the effectiveness of agency sexual harassment training? Using the raw data file of the U.S. Merit Systems Protection Board's most recent survey on sexual harassment, the authors find that worker characteristics are the principal influence on the likelihood that a worker will receive unwanted sexual attention and whether an agency's sexual harassment training is perceived favorably. Contextual factors demonstrate lesser influence. Their conclusions lead the authors to believe that a reevaluation of training programs is in order. A one‐size‐fits‐all training approach may no longer be tenable, if it ever was.     

Critical incident reactions: A comparison of two studies ten years apart in the same police department

Conclusions The results of the 1993 survey can be interpreted as a validation of the findings of the 1983 study. Most of the common reactions to critical incidents that were documented in the earlier study were also reported in the later survey. It is certainly of interest to note that not only were most of the same reactions reported 10 years later, they were also reported in roughly the same frequency. This supports the idea that although what constitutes a critical incident varies from person to person, the reactions to critical incidents are fairly predictable. The number of surveys completed and returned in this study was over twice as great as the number returned in the 1983 study (a 49% return rate as compared to a 22% retum rate in 1983). This significant increase in the number of surveys returned suggests a greater awareness by officers regarding critical incidents. It may also suggest an increased willingness on the part of officers to identify reactions to critical incidents as predictable and “normal”. This shift in perception compared to perceptions in 1983 may be a result of the educational efforts of the Critical Incident Response Team members in Apprentice Police Officer Training, In-Service Training, and other informal training over the last 10 years. The core of that training has been to communicate the concept that reactions to critical incidents are normal, temporary, and treatable. It is hoped that training can continue to provide this “inoculation effect” which seems to reduce the possible negative, long-term impact of critical incidents on police officers who have been exposed to such situations.     

The Lansdowne “Peace Letter” of 1917 and the Prospect of Peace by Negotiation with Germany

In late November 1917, Lord Lansdowne, one of the most senior of British Unionist politicians, wrote a letter to the editor of the Daily Telegraph. The letter asked for the war aims of the Entente and the USA to be “coordinated” and suggested that a moderate revision of war aims might bring a negotiated peace nearer. The letter appeared to ally Lansdowne with the British Radicals, who had been close to President Wilson (until April 1917), and had argued for a negotiated peace to end the war since the autumn of 1916. The letter was ferociously denounced by the Northcliffe press, and by many of Lansdowne's Unionist colleagues. It was supposedly a “plea for surrender” and “a national misfortune”. Nevertheless, it touched off a series of new departures in the search for a negotiated settlement: House's visit to the inter Allied Conference in December, the Labour War Aims Memorandum, Lloyd George's Caxton Hall speech, Wilson's Fourteen Points Address, and the beginning of a public parley with the Central Powers in the replies of Hertling and Czernin in January 1918. The paper examines the possibilities for a negotiated peace during the winter of 1917–1918, that is, in the period between the publication of Lansdowne's famous letter and the sudden Versailles “Knockout Blow” Declaration of February 1918 which rejected out of hand any prospect of negotiation. The paper examines Wilson's ambiguous position in this debate, and in particular the evolution of moderate opinion inside Germany in reaction to these events. The paper suggests the unfortunate enfeeblement of moderate opinion in Germany in the face of the apparent triumph of “knockout blow” opinion in the Entente camp.