Substance use,health, and mental health: problems and service utilization among incarcerated women

This article profiles self-reported substance use, health, and mental health problems among a sample of incarcerated women in Kentucky as well as lifetime service utilization. Findings indicate that a high percentage of women reported use of alcohol, cocaine, and multiple substances during the month before incarceration. In addition, participants reported common health problems such as dental, female reproductive, physical injuries, and mental health problems including depression and anxiety. Participants reported moderate use of emergency room and mental health treatment but limited substance abuse treatment utilization. Implications for criminal justice programs and linkages with community-based aftercare services for women are recommended based on findings that health and mental health problems are associated with service utilization before incarceration.     

‘Robust and Raring to Go?’– Judges' Perceptions of Child Witnesses

This article explores judicial perceptions of child witnesses. It considers the impact of recent legislation in England and Wales as well as in Scotland which classified all child witnesses as vulnerable and introduced a series of special measures to facilitate children's evidence. The article reports the findings of an empirical research study conducted with the judiciary in Scotland which suggests that judicial perceptions of child witnesses extend across a complex spectrum where a child may be viewed as vulnerable but is also likely to be seen as suggestible, reliable or resilient. The article advances two propositions. First, that the statutory conceptualization of children as invariably vulnerable has not displaced established beliefs concerning children's suggestibility and therefore has made little difference to perceptions of their ability to produce reliable testimony. Second, that focusing on children's potential for resilience rather than their vulnerability may prove a more productive conceptualization of children, one which could better support their capability as witnesses.     

Guantánamo Bay: Towards Legality?

This article outlines the US Supreme Court's approach to the habeas corpus entitlements of suspected terrorists detained in Guantánamo Bay and argues for the extension of constitutional habeas corpus rights to them. The article considers two ways in which the Supreme Court might carry out this task: first, 'the territorial approach' (based on domestic legal principles of 'unincorporated territories' and principles of leasehold), and secondly, 'the extraterritorial approach' (based on international purposive approaches to the reach of human rights treaties exemplified by the European Court of Human Rights' Article 1 jurisprudence). For reasons of effectiveness of protection, the Article expresses a clear preference for the latter. The House of Lords decision in R (Al-Skeini) v Secretary of State for Defence (2007) is proposed as a template for such a development. Finally the article refutes arguments rejecting such a development based on the 'trade-off thesis' and perceptions of judicial competence.     

Mainstreaming: A case for optimism and cynicism

This paper seeks to evaluate the concept of mainstreaming against a range of feminist critiques of laws and legal systems and to examine the case for the pursuit of feminist politics through mainstreaming strategies. It begins, in section two, by identifying theme sin existing mainstreaming literature, and then in section three considers the potential of mainstreaming to tackle the causes o fine quality. In particular it questions whether mainstreaming can address the patriarchal nature of laws and legal systems and the essentialising tendencies of law, and whether mainstreaming can effectively tackle market-driven inequality. A final section considers the conditions under which feminists might consider engagement with mainstreaming and the limits of such strategies.     

The dimensions of dangerousness revisited

In this article, we extend our previous study on clinical predictions of violence using the Dangerous Behavior Rating Scale by increasing follow-up interval from 2 to 6 years and supplying new data on prediction-outcome correlations for multidiscipline assessors. A total of 162 accused persons remanded for evaluations at METFORS were assessed using three criterion measures: subsequent violence, criminality, and general incidents. Statistical analyses revealed a range of predictive performance, contingent on several conditions including the identities of evaluators, categories of subjects, and length and context of follow-up. Even prognostications yielding the highest magnitude coefficients, reaching 53 in the case of psychometric forecasts of behavior in psychiatric hospitals, failed to account for more than 28% of the prediction-outcome covariance. Implications of the results are considered for the future role of the dangerousness construct.The research project described in this article was funded by the Social Sciences and Humanities Research Council of Canada, the Canadian Psychiatric Research Foundation, the Solicitor General Canada, the LaMarsh Research Program on Violence and Conflict Resolution, the Ontario Ministry of Health, Simon Fraser University, the Clarke Institute of Psychiatry, and the psychopathy project supported under the sustaining grant provided by the Solicitor General, Canada, to the Centre of Criminology, University of Toronto. Thanks for their perceptive commentaries to Ronald Roesch and the two anonymous reviewers ofLaw and Human Behavior. Acknowledged as well are the contributions of the many research assistants and representatives of mental health, police, justice, and correctional agencies who collaborated in the compilation of these data. Research assistance was provided by Michelle Grossman, Simon Hanbury, Lily Keoskerian, Ed Tymosiak, and Cheri Wilner. Bill Glackman offered technical help with the data analysis. A version of this paper was originally presented at the 1991 Meeting of the American Society of Criminology in San Francisco.Clarke Institute of Psychiatr