Dubious delegation: Article III limits on mental health treatment decisions

A common condition of supervised release requires a defendant, post-incarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However, Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court case law, this Note argues that a "judicial act" encompasses decisions affecting the defendant's significant liberty interests. The Supreme Court case law and the mental health literature make clear that significant liberty interests are at stake in these "treatment program" decisions. Thus, delegating the "treatment program" decision to probation officers is unconstitutional under Article III. The Note concludes by suggesting a constitutionally permissible scheme whereby the judge orders a maximally intrusive treatment while giving the probation officer the discretion to choose a less restrictive program.     

A Psychological Autopsy of 9/11 Ringleader Mohamed Atta

Simple logic dictates that some suicide terrorists are more significant than others. However, major questions still remain about the motives and psychology of 9/11 ringleader Mohamed Atta, arguably the most significant suicide terrorist in human history. This article constructs a psychological autopsy of Atta in order to provide a much more complete explanation of his behavior. First, it suggests that accounts which solely attribute Atta??s actions to religious and political ideology appear severely incomplete. It then reviews evidence that Atta may have been clinically suicidal, and that his struggles with social isolation, depression, hopelessness, guilt, and shame were extraordinarily similar to the struggles of those who commit conventional suicide. Finally, it considers how Atta??s ideology may have interacted with his suicidal tendencies to produce his final act of murder-suicide on September 11, 2011.     

The role of empathy in anger arousal in violent offenders and university students

A lack of empathic responsiveness toward others has been consistently identified as an important antecedent to aggressive behavior and violent crime, with many rehabilitation programs for violent offenders incorporating treatment modules that are specifically designed to increase offender empathy. This study examined the extent to which cognitive (perspective taking) and affective (empathic concern, personal distress) empathy predicted anger in a clinical (male prisoners convicted of a violent offense) and a nonclinical (student) sample. Perspective taking emerged as the strongest predictor of self-reported anger in response to an interpersonal provocation, as well as being most consistently related to scores on measures of general trait anger and methods of anger control. While the relationship between perspective taking and anger was apparent for offenders as well as students, the results did not support the idea that an inability to perspective take is a particular characteristic of violent offenders.     

Low Self-Control, Deviant Peer Associations, and Juvenile Cyberdeviance

Gottfredson and Hirschi??s (1990) general theory of crime and Akers?? (1998) social learning theory have received strong empirical support for explaining crime in both the physical and cyberworlds. Most of the studies examining cybercrime, however, have only used college samples. In addition, the evidence on the interaction between low self-control and deviant peer associations is mixed. Therefore, this study examined whether low self-control and deviant peer associations explained various forms of cyberdeviance in a youth sample. We also tested whether associating with deviant peers mediated the effect of low self-control on cyberdeviance as well as whether it conditioned the effect. Low self-control and deviant peer associations were found to be related to cyberdeviance in general, as well as piracy, harassment, online pornography, and hacking specifically. Deviant peer associations both mediated and exacerbated the effect of low self-control on general cyberdeviance, though these interactions were not found for the five cyberdeviant types examined.     

Collection ‘management by crisis’: strategic targeting and interrogation at Guantanamo Bay

This article examines human intelligence collection in wartime, and offers a methodology to help determine the relative success or failure of the detainee interrogation mission at Guantanamo Bay, Cuba (GTMO). It surveys the relevant background on GTMO, a brief history on interrogations during World War II and Vietnam, and draws comparisons among them to be considered in potential future mass-interrogation missions. Drawing from documentary research and two dozen original interviews, it argues that, to the extent an intelligence mission was one of the purposes of transferring detainees to GTMO, the relevant metric of success is whether collectors were able to obtain more or ‘better’ intelligence from the detainees than they would have been able to in-theater. At the strategic level, then, GTMO’s value to intelligence collectors is to be assessed at the margins, rather than the absolute value of the information educed.