Good Faith and the Ubiquity of the ‘Relational’ Contract

The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. That law does not have a general principle of good faith, but its doctrine of good faith, articulated through numerous specific duties, is more suitable for the interpretation of contracts according to the intentions of the parties than a general principle which invites the imposition of exogenous standards. That Yam Seng involved a relational contract does not mean that paternalistic exogenous standards should be imposed. It means that the good faith obligations essential even to a commercial contract of this sort must be implied in order to give efficacy to the fundamentally co‐operative contractual relationship.     

‘Factual causation’ and ‘scope of liability’: What's the difference?

According to a dominant view, for the negligent defendant to be held liable for the plaintiff's harm the plaintiff must establish first, that the breach was the ‘factual cause’ of the harm, and second, that the harm is within the ‘scope of liability’. On this view, factual causation is purely factual, while scope of liability is normative and non‐causal. This article accepts the basic two‐step approach, but argues that the distinction is overstated. A close analysis of the principles shows that factual causation may require value judgment, and that scope of liability often involves an assessment of the strength and nature of the causal connection between breach and harm.     

Treating alcohol-related violence: a feasibility study of a randomized controlled trial in prisons

Purpose: There is a lack of good-quality outcome evaluations of interventions for offenders whose crimes are alcohol-related. Randomized controlled trials (RCTs) are considered gold standard in treatment evaluations. Here, we report on a feasibility study for an RCT of an alcohol-related violence intervention, Control of Violence for Angry, Impulsive Drinkers (COVAID). Method: 115 adult male prisoners were randomly allocated to COVAID plus treatment as usual (TAU) or TAU only. Results: Most participants (84%) found COVAID useful. Reconviction data at six months were accessed for 109 (95%) participants. There were no differences between the two groups on violent reconvictions or all reconvictions at the six-month period, but at 17?months the COVAID group had 13% fewer people reconvicted for violence, and 20% fewer had reconvictions for any offence. Conclusion: The results indicate that an RCT is feasible and provides parameters for designing a full RCT. Differences in reconviction between groups favoured COVAID and were clinically important.     

The law of concentrations of crime at place: the case of Tel Aviv-Jaffa

Weisburd, Groff, and Yang argue that there is a ‘law of concentrations of crime at place’ within cities. In this paper, we provide a test for this proposition in Tel Aviv-Jaffa. We found that crime concentrations at street segments in 2010 were remarkably similar to those observed in American cities. About 4.5% of the street segments produced approximately 50% of the crime, and about 1% of street segments produced 25% of crime. Our study provides important verification of the broad applicability of the law of crime concentrations at place.     

Mental disorder and probation policy and practice: A view from the UK

This article is concerned with the manner in which offenders with mental illnesses serving community sentences are identified and treated by the probation service in the UK. It presents the results of recent research examining the prevalence levels of current and lifetime mental illness, substance misuse, and dual diagnosis and suicide rates amongst those serving community sentences in the UK. These high levels of mental disorder are not being addressed by probation policy or practice in a manner that is effective or sensitive. The article concludes by considering the relevance of innovative approaches to the treatment of offenders with mental illnesses in the community currently being adopted in the US to the UK.     

Positive Effects in Detecting Lies from Training to Recognize Behavioral Anomalies

We examined whether training in both the verbal and nonverbal indicators of truth telling and lying would have positive effects on Law Enforcement Officers’ (LEOs) ability to evaluate truths from lies. College course-level training on empirically validated verbal and nonverbal indicators of truth telling and lying was provided to mid- to advanced-career level LEOs, whose accuracy in detecting lies from truths was assessed pre- and post-training using truthful and deceptive videos of mock crimes and opinions. A marginally significant truth bias existed at pre-test; training, however, resulted in a significant improvement in accuracy rates for both truth and lie videos, and the truth bias that existed at pre-test was eliminated. Additional analyses indicated that accuracy rates improved for videos of mock crimes but not for opinions. These findings add to a small but growing literature that indicates that training on validated verbal and nonverbal indicators of truth telling and lying has positive benefits.     

Deterring Gang-Involved Gun Violence: Measuring the Impact of Boston’s Operation Ceasefire on Street Gang Behavior

Objectives

The relatively weak quasi-experimental evaluation design of the original Boston Operation Ceasefire left some uncertainty about the size of the program’s effect on Boston gang violence in the 1990s and did not provide any direct evidence that Boston gangs subjected to the Ceasefire intervention actually changed their offending behaviors. Given the policy influence of the Boston Ceasefire experience, a closer examination of the intervention’s direct effects on street gang violence is needed.

Methods

A more rigorous quasi-experimental evaluation of a reconstituted Boston Ceasefire program used propensity score matching techniques to develop matched treatment gangs and comparison gangs. Growth-curve regression models were then used to estimate the impact of Ceasefire on gun violence trends for the treatment gangs relative to comparisons gangs.

Results

This quasi-experimental evaluation revealed that total shootings involving Boston gangs subjected to the Operation Ceasefire treatment were reduced by a statistically-significant 31 % when compared to total shootings involving matched comparison Boston gangs. Supplementary analyses found that the timing of gun violence reductions for treatment gangs followed the application of the Ceasefire treatment.

Conclusions

This evaluation provides some much needed evidence on street gang behavioral change that was lacking in the original Ceasefire evaluation. A growing body of scientific evidence suggests that jurisdictions should adopt focused deterrence strategies to control street gang violence problems.     

Forecasting Errors in the Averseness of Apologizing

Apologizing is often seen as the appropriate response after a transgression for perpetrators. Yet, despite the positive effects that apologies elicit after situations of conflict, they are not always delivered easily. We argue that this is due—at least in part—to perpetrators overestimating the averseness of apologizing, thus committing a forecasting error. Across two laboratory experiments and one autobiographical recall study, we demonstrate that perpetrators overestimate the averseness they will experience when apologizing compared to the averseness they experience when they actually apologize. Moreover, we show that this effect is driven by a misconstrual of the effects of an apology. Perpetrators overestimate the potentially negative effects of apologizing while simultaneously underestimating the potentially positive effects of apologizing. This forecasting error may have a negative effect on the initiation of the reconciliation process, due to perpetrators believing that apologizing is more averse than it actually is.     

Offending and Early Death in the Cambridge Study in Delinquent Development

Criminal offending has many negative outcomes. Researchers have recently begun to consider the impact offending has on offenders' health, with a few studies focusing on differential mortality risk. Yet, prior research has been limited due to selective samples, restricted range of follow-up time period, limited set of explanatory variables, and lack of theoretical guidance. This paper examines the risk of early death among 411 South London males in the Cambridge Study in Delinquent Development followed into their late 50s. Attention is paid not only to differential risk of death between nonoffenders and offenders, but also to the risk within the population of offenders and through consideration of theoretical frameworks and associated predictor variables. Results show that high-rate chronic offenders evince the highest risk of death, an effect that continues even after controlling for childhood individual and environmental risk factors as well as participation in a range of analogous behaviors.