Juvenile diversion and the constitution

The juvenile justice system has been a product of interaction between legal and socio-medical forces since its inauguration near the end of the last century. While the socio-medical forces have, for the most part, been dominant over the years, concern for minimum legal standards has been a conspicuous part of the picture since the years 1966 to 1967. The result is serious attention to due process and fundamental fairness in court processing, and low tolerance for abridgement of such rights in the interests of attaining the social goal of rehabilitation. The question arises as to how early in the procedural chain for juveniles various due process rights should enter. Some have argued that important due process rights should be components in the process leading to probation, and even police, diversion. The central argument of this article is that broad directives regarding due process in diversion are inappropriate. Indeed, analysis of actual and potential losses of freedom associated with diversion decisions leads to the general conclusion that very few diversion programs require usual procedural rights. Moreover, a survey of case law indicates that there is little reason to expect that the procedural protections enunciated by the U.S. Supreme Court so strongly in the 1960s will be extended by the courts to police (or probation) decisions on diversion in the 1980s.     

Factors affecting perceptions of medical errors

The purpose of the study was to assess how three factors affect subjects' perceptions of a medical error made in a hypothetical scenario. The factors were (i) type of compensation system, (ii) degree of procedural “voice” present in the physician-patient relationship, and (iii) magnitude of damage sustained by the patient. Perceptions were defined to include subjects' (i) emotional reactions to the incident, (ii) causal attributions about the incident, (iii) evaluations of the faimess of the compensation systems, and (iv) compensation demands. Results indicated that damage magnitude was the only factor that affected subjects' emotional reactions to the described incident and their compensation requests. When damage was severe, subjects reacted more negatively to the event and demanded greater compensation. Subjects rated the no-fault system and greater voice conditions as more fair. In general, subjects causally analyzed the error incident in a manner that was less blameworthy of the physician when procedural justice was high, especially if this was combined with a no-fault compensation system. Results were discussed in terms of Wexler and Winick's (1991) model of therapeutic jurisprudence.     

Reading for Life and Adolescent Re‐Arrest: Evaluating a Unique Juvenile Diversion Program

We present results of an evaluation of Reading for Life (RFL), a diversion program for nonviolent juvenile offenders in a medium‐sized Midwestern county. The unique program uses philosophical virtue theory, works of literature, and small mentoring groups to foster moral development in juvenile offenders. Participants were randomly assigned to RFL treatment or a comparison program of community service. The RFL program generated large and statistically significant drops in future arrests. The program was particularly successful at reducing the recidivism of more serious offenses and for those groups with the highest propensity for future offenses.     

Corruption as a Self‐Fulfilling Prophecy: Evidence from a Survey Experiment in Costa Rica

An influential literature argues that corruption behaves as a self‐fulfilling prophecy. Its central claim is that the individual returns to corruption are a function of the perceived corruptibility of the other members of society. Empirically, this implies that if one were to exogenously increase beliefs about societal levels of corruption, willingness to engage in corruption should also increase. We evaluate this implication by utilizing an information experiment embedded in a large‐scale household survey recently conducted in the Gran Área Metropolitana of Costa Rica. Changes in beliefs about corruption were induced via the random assignment of an informational display depicting the increasing percentage of Costa Ricans who have personally witnessed an act of corruption. Consistent with the self‐fulfilling prophecy hypothesis, we find that internalizing the information from the display on average increased the probability that a respondent would be willing to bribe a police officer by approximately .05 to .10.