A Pre-Trial Domestic Violence Intensive Supervision Unit: Exploring Case Seriousness and Successful Disposition

This study measures the seriousness of domestic violence cases from the population of cases (N = 96) sentenced to a pre-trial domestic violence intensive supervision unit in one county probation office in Florida from April 1, 2006, to April 30, 2007. No significant differences were found in seriousness across sex, self-reported drug use, or attorney type. Furthermore, no relationship was found between the number of special conditions imposed by the court and the seriousness index value for a case. However, non-Whites had a significantly higher mean case seriousness index than Whites. Findings suggest that using the seriousness index presented in this study, some of the cases examined were not serious enough to warrant being sentenced to the pre-trial domestic violence intensive supervision unit. Implications for future research, including the use of lethality assessments, are addressed.     

Etiological Similarities Between Psychological and Physical Aggression in Intimate Relationships: A Behavioral Genetic Exploration

Previous research has consistently shown that there is a strong association between psychological and physical aggression in intimate relationships. Theories as to why this association exists include that they have a single underlying etiology with differing thresholds, or they have separate etiologies and there is a two-step process by which psychological aggression moves to physical. The current study suggests that these two theories are not necessarily competing theories. The genetic and environmental covariance between psychological and physical intimate partner aggression were examined in 134 monozygotic (MZ) and 41 dizygotic (DZ) twin pairs. Results showed that psychological and physical aggression have largely the same genetic etiology, and any differences between the two are a function of differing nonshared environmental influences.     

Evaluation of cast methods for estimating age from the os pubis.

Age-related changes of the pubic symphysis have gained wide acceptance among physical anthropologists as one basis for estimating adult skeletal age. However, these methods have not been tested by independent observers on large samples with known ages at death that represent contemporary populations. In this study 202 female and 116 male pairs of pubes collected at autopsy were blindly evaluated for age using the McKern-Stewart or Gilbert-McKern and Suchey-Brooks methods. Performance of the methods was measured by mean absolute deviation of true age from scored interval means and frequencies of true age falling within +/- 1 and +/- 2 standard deviations from the mean. The results suggest that the Suchey-Brooks methods are superior in forensic applications and that the racially specific refinement for males should be used. Age estimates should include +/- 2 standard deviations, and chances of error should be considered, especially when advanced age or debilitation is suspected.     

CONFLICTING ROLES IN CHILD CUSTODY MEDIATION

This article will first discuss the conflict in the mediator's role as a neutral and impartial third party with no interest in the outcome and his or her role as guardian or advocate for the best interests of the child. That discussion will define terms, consider the legal standard for the best interests of the child as it is used by the courts, and lay out how the legal standard is problematic in general but even more so for mediators. Part 3 will discuss options for mediators attempting to resolve this conflict by looking at a continuum of alternatives, using examples of opening statements that illustrate positions ranging from extreme nonintervention to complete inte mention. An assessment follows each example.     

The First Shot was the Last Straw: The Sinking of the T.S.S. Athenia in September 1939 and British Naval Policy in the Second World War

On 3 September 1939 the passenger liner Athenia, sailing from Liverpool to Montreal, was sunk by the German submarine U-30 with a loss of 112 lives. This action, while not intended by the German government, was in violation of Germany's commitments under the London Naval Treaty and it complicated its desire to keep hostilities confined to Poland. The British government and Admiralty, confronted with an attack on an unarmed passenger liner within nine hours of the declaration of war, and several freighters shortly thereafter, concluded that the German Navy intended to wage unrestricted submarine warfare. This article shows that as a result of the sinking of the Athenia, the government and the Admiralty implemented convoys within the first week of the war, sooner and more completely than had been intended. Naval ship building priorities were also subsequently adjusted to quickly provide escort vessels for the newly organized convoys.     

Ecstasy and suicide

Deaths due to the ring-derivative amphetamines are not common and are usually accidental involving dehydration and hyperthermia. Suicides from 3,4-methylenedioxymethamphetamine (MDMA) and related ring-derivative amphetamines overdose are rare. A 15-year-old female who had a history of depression and previous suicide attempts was found dead with a suicide note. Toxicology demonstrated lethal serum concentrations of MDMA (9.3 mg/L), with 34 mg/kg of MDMA in the liver, 2.4 mg/L in the urine, and 530 mg/kg in the stomach. The cause of death was MDMA toxicity, the manner suicide. While MDMA may be detected in victims in other drug-related or traumatic deaths, it is only rarely used in isolation in suicide, with a predominance in the 21- to 25-year-old range. Despite the rarity of such events, the possibility of a nonaccidental manner of death should be considered when high levels of MDMA and associated amphetamines are found at autopsy.     

Fifty Years of the OECD and Forty Years of Australian Membership

The Country Party leader Jack McEwen said that Australia would join the OECD “over my dead body” and it did not do so until 1971, the year he retired from politics. Since then Australia has taken part in what is a complex “network of networks” linking over 40,000 senior public servants from many of the most influential states via some 200 committees spanning a wide range of policy areas. Yet Australian scholars have paid little attention to the OECD and to its effect upon Australia. Our essay is a first step in remedying this gap. Using both archival sources and interviews with public servants, we examine Australia's reasons for taking up OECD membership and assess its impact on policymaking since, the most obvious of which has been upon policy learning. We also ask about Australia's impact on the OECD.     

The Role of Suggestibility in Determinations of Miranda Abilities: A Study of the Gudjonsson Suggestibility Scales

Traditionally, high levels of suggestibility have been widely assumed to be linked with diminished Miranda abilities, especially in relationship to the voluntariness of waivers. The current investigation examined suggestibility on the Gudjonsson Suggestibility Scales in a multisite study of pretrial defendants. One important finding was the inapplicability of British norms to American jurisdictions. Moreover, suggestibility appeared unrelated to Miranda comprehension, reasoning, and detainees’ perceptions of police coercion. In testing rival hypotheses, defendants with high compliance had significantly lower Miranda comprehension and ability to reason about exercising Miranda rights than their counterparts with low compliance. Implications of these findings to forensic practice are examined.     

How to Think (Like a Lawyer) About Rape

From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing two non-debates: the apparent conflict created when speakers use “consent” to mean two different things and the question of whether rape law ought to be formulated in terms of consent or force. From here, we turn to the conceptual apparatuses that surround the normative questions of freedom from force, knowledge, and capacity. Here, we suggest how better understanding these concepts can frame the underlying discussions as to what sorts of coercion undermine consent, what kinds of deception invalidate consent, and when the victim is too incapacitated to consent. Finally, we turn to different formulations of consent, demonstrating that one conception better captures the harm of rape but that other formulations may better protect victims. We show how clarifying these questions allows discussants to see why different formulations are valuable and to debate the best all-things-considered formulation. Although this article is framed as a question of how (to teach students) to think like lawyers about rape, its ambition is to set forth a framework that is useful to reformers as well.