On Giving Legal Form Its Due. A Study in Legal Theory

Abstract.  The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms, along with complementary material or other components of the units, for values realized through law.     

Regulatory Risk Management of Psychoactive Substances

Congress and the Drug Enforcement Administration have assigned certain psychoactive substances to one of five schedules, based on assumed or demonstrated abuse potential. Although formidable difficulties exist in assessing the hazards of drug use, some of these assignments do not appear consistent with empirical estimates. This mismatch of assignment and abuse potential -possibly due to "radical" political ideology - obscures significant differences in drug effects, and therefore stifles meaningful public participation in evaluating the benefits, risks, and proper use (if any) of available psychoactive substances.     

The generality of criminal behavior: A confirmatory factor analysis of the criminal activity of sex offenders in adulthood

The presence of a general construct of deviance had not been investigated in sex offenders in spite of the presumption of specialization that characterized them. Consequently, the aim of this study was to investigate whether sex offenders' criminal behavior could be explained by a general construct of deviance. A semi-structured interview was conducted with each subject in order to assess deviant behavior during the life course. The official criminal behavior of 388 convicted sex offenders was analyzed using confirmatory factor analysis. The pattern of covariance observed showed that the onset, frequency, and variety of criminal activity in adulthood could be explained by a general construct of deviance in sexual aggressors. The results, however, also suggested that child molesters' frequency of sexual crime was not part of a general construct of deviance. In other words, the offending behavior of sexual aggressors of women was predominantly versatile, whereas that of sexual aggressors of children tended to be more specific, at least for one dimension of their criminal activity.     

Scales for perceived risk of student-on-student victimization in grades 7 through 10: A psychometric analysis of the adolescent index on school safety

Although past research has developed scales for the incidence, prevalence, and fear of student-on-student victimization (SSV), little is known about the scaling of perceived risk (i.e., the cognitive appraisal of the chances of experiencing SSV). Hence, this study examined self-report survey data for the perceived risk of SSV as measured in the Adolescent Index for School Safety (AISS). Children in grades 7 through 10 (n=337) in a single Florida public school completed the AISS. Factor analyses using Maximum Likelihood Estimation with Oblimin Rotation identified nine unique factors for perceived risk. Reliability analyses found standardized Cronbach Alphas that ranged from .64 to .91, and seven out of the nine identified scales were above .80, which suggested good to excellent internal consistency. Future research should examine the content validity, construct validity, and predictive validity for the AISS and other self-report surveys of SSV dynamics. This publication was made possible by a grant [#97-MU-FX-KO12 (S-l)] from the Office of Juvenile Justice and Delinquency Prevention (O.J.J.D.P.), United States Department of Justice (U.S.D.O.J.). This grant is administered through the Hamilton Fish National Institute on School and Community Violence at George Washington University. This specific study was developed and implemented by staff at: 1) East Carolina University’s Department of Criminal Justice; and 2) Florida State University’s Center for Educational Research and Policy Studies. All points of view and opinions in this paper are those of the authors and do not necessarily represent the official position or policies of East Carolina University, Florida State University, the Hamilton Fish National Institute on School and Community Violence, the O.J.J.D.P., or the U.S.D.OJ. The authors would also like to thank Dr. Bill Doerner and Jennifer Jolley for their support, editorial feedback, and insightful comments regarding earlier drafts of this paper.     

Traffic accidents and drivers suspected for drug influence

All records from the Danish Medicolegal Council concerning drivers suspected for drug influences were examined for the 5 year period 1981-1985. 461 records were included, 62 women and 399 men. In 250 cases drugs from more than one of ten groups had been taken thus making 786 combinations of drug/driving. The major drug group was benzodiazepines, accounting for 65% of all drug intake. Opioids also contributed substantially, found in 38% of the cases. A traffic accident had occurred in 180 (39%) of the records. Drivers who had been taking antidepressives were involved in an accident in 67%, significantly above the mean. For benzodiazepines, the corresponding percentage was 43%, while for opioids it was only 23%, significantly below the mean. This striking difference has been demonstrated in most of the studies concerning drugs in traffic. It may support the hypothesis that opioids do not necessarily make driving dangerous, as do antidepressives, barbiturates and especially benzodiazepines.