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.     

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.     

Protection orders protect against assault and injury: a longitudinal study of police-involved women victims of intimate partner violence

The objective of this study was to measure the efficacy of protection orders (POs) in reducing assault and injury-related outcomes using a matched comparison group and tracking outcomes over time. This study was a retrospective review of police, emergency department, family court, and prosecutor administrative records for a cohort of police-involved female IPV victims; all events over a 4-year study period were abstracted. Victims who obtained POs were compared with a propensity-score-based match group without POs over three time periods: Before, During, and After the issuance of a PO. Having a PO in place was associated with significantly more calls to police for nonassaultive incidents and more police charging requests that were of multiple-count and felony-level. Comparing outcomes, PO victims had police incident rates that were more than double the matched group prior to the PO but dropped to the level of the matched group during and after the order. ED visits dropped over time for both groups. This study confirmed the protective effect of POs, which are associated with reduced police incidents and emergency department visits both during and after the order and reduced police incidents compared with a matched comparison group.     

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.     

Arrest and the Amplification of Deviance: Does Gang Membership Moderate the Relationship?

Although research has found that gang suppression efforts are largely ineffective, these policies have been responsible for the arrests of many gang youth. Prior research indicates that arrest is associated with deleterious consequences, but we know less about how arrest uniquely affects gang members. Using longitudinal data from a school-based sample, this study explores the effects of arrest for both gang and nongang youth. Propensity score matching and matched outcome analyses allow us to determine whether gang membership moderates the effect of arrest on later deviant outcomes. Our results indicate that the consequences of arrest are inconsistent with the goals of suppression tactics, with gang members reporting little to no change in deviant attitudes and peers and modest increases in delinquency. Meanwhile, nongang youth experience a range of consequences associated with arrest, including increased odds of gang-joining.     

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.     

Testing a measure of organizational learning capacity and readiness for transformational change in human services

Transformative organizational change requires organizational learning capacity, which we define in terms of (1) internal and (2) external organizational systems alignment, and promoting a culture of learning, including (3) an emphasis on exploration and information, (4) open communication, (5) staff empowerment, and (6) support for professional development. We shortened and adapted Watkins and Marsick's Dimensions of Learning Organizations Questionnaire into a new 16-item Organizational Learning Capacity Scale (OLCS) geared more toward nonprofit organizations. The OLCS and its subscales measuring each of the above 6 dimensions are unusually reliable for their brevity. ANOVAs for the OLCS and subscales clearly and consistently confirmed extensive participant observations and other qualitative data from four nonprofit human service organizations and one local human service funding organization.     

The Post-Modern Self: A Retrospective

This paper examines the idea that the self is now post-modern, meaning fragmented, fluid, boundaryless, defenseless and lacking identity. This idea was popular a while back, but it now looks faddish and out-dated. The pomo self theorists over-emphasized some things and under-emphasized others, i.e. they engaged in the fallacy of reduction. They mistook minor changes in the self for major ones. They overlooked the power of the primary group. And they under-rated the self??s defenses, especially inner speech as a device for protecting the self and agency as a weapon for managing one??s environment.