Accountability in the Regulatory State

Accountability has long been both a key theme and a key problem in constitutional scholarship. The centrality of the accountability debates in contemporary political and legal discourse is a product of the difficulty of balancing the autonomy given to those exercising public power with appropriate control. The traditional mechanisms of accountability to Parliament and to the courts are problematic because in a complex administrative state, characterized by widespread delegation of discretion to actors located far from the centre of government, the conception of centralized responsibility upon which traditional accountability mechanisms are based is often fictional. The problems of accountability have been made manifest by the transformations wrought on public administration by the new public management (NPM) revolution which have further fragmented the public sector. In this article it is argued that if public lawyers are to be reconciled to these changes then it will be through recognizing the potential for additional or extended mechanisms of accountability in supplementing or displacing traditional accountability functions. The article identifies and develops two such extended accountability models: interdependence and redundancy     

Predicting Sex Offender Recidivism. I. Correcting for Item Overselection and Accuracy Overestimation in Scale Development. II. Sampling Error-Induced Attenuation of Predictive Validity Over Base Rate Information

The authors demonstrate a statistical bootstrapping method for obtaining unbiased item selection and predictive validity estimates from a scale development sample, using data (N = 256) of Epperson et al. [2003 Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) technical paper: Development, validation, and recommended risk level cut scores. Retrieved November 18, 2006 from Iowa State University Department of Psychology web site: http://www.psychology.iastate.edu/ approximately dle/mnsost_download.htm] from which the Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) was developed. Validity (area under receiver operating characteristic curve) reported by Epperson et al. was .77 with 16 items selected. The present analysis yielded an asymptotically unbiased estimator AUC = .58. The present article also focused on the degree to which sampling error renders estimated cutting scores (appropriate to local [varying] recidivism base rates) nonoptimal, so that the long-run performance (measured by correct fraction, the total proportion of correct classifications) of these estimated cutting scores is poor, when they are applied to their parent populations (having assumed values for AUC and recidivism rate). This was investigated by Monte Carlo simulation over a range of AUC and recidivism rate values. Results indicate that, except for the AUC values higher than have ever been cross-validated, in combination with recidivism base rates severalfold higher than the literature average [Hanson and Morton-Bourgon, 2004, Predictors of sexual recidivism: An updated meta-analysis. (User report 2004-02.). Ottawa: Public Safety and Emergency Preparedness Canada], the user of an instrument similar in performance to the MnSOST-R cannot expect to achieve correct fraction performance notably in excess of what is achievable from knowing the population recidivism rate alone. The authors discuss the legal implications of their findings for procedural and substantive due process in relation to state sexually violent person commitment statutes and the Supreme Court's Kansas v. Hendricks decision regarding the constitutionality of such statutes.     

Child maltreatment profiles and adjustment problems in high-risk adolescents

The purpose of this article is to identify profiles of maltreatment experiences in a sample of high-risk adolescents and to investigate the relationship between the derived profiles and psychological adjustment. Participants are 1,131 youth between the ages of 12 and 18 years involved with publicly funded mental health and social services. Information on physical, sexual, and emotional maltreatment and psychological symptoms are obtained in interviews with adolescents and their primary caregivers. Using latent profile analysis, three maltreatment profiles are identified: "sexual+physical+emotional maltreatment," "physical+emotional maltreatment," and "low maltreatment." Adolescents in the two maltreatment profiles generally have significantly higher scores on symptom scales compared with those in the "low maltreatment" profile, but scores in the two maltreatment profiles do not differ. Findings highlight the need for agencies to identify and provide appropriate intervention for youth who experience multiple types of maltreatment.     

Testing the three- and four-factor models of the Korean version PCL-R as predictors of two antisocial outcomes – recidivism and risk

Psychopathy has consistently been associated with antisocial outcomes. The three- and four-factor models have been best fitted to data relating to Korean serious offenders (N?=?451), offering construct validity of the Korean Psychopathy Checklist-Revised (PCL-R). However, no study has yet tested the predictive power of the Korean PCL-R to explain two different types of antisocial outcomes: (1) risk of inmates measured by correctional officers during incarceration and (2) recidivism after release. By exploring these two forms of antisociality, here we sought to establish the predictive and construct validities of the Korean version of PCL-R. We found that the deviant lifestyle (Factor 3) performed best for predicting both antisocial forms (risk and recidivism) and that the deficits in interpersonal (Factor 1) and affective (Factor 2) abilities also uniquely predicted one subtype of risk, which suggests the three-factor model is better than the four-factor model in predictions. These findings will be useful for criminal justice experts and practitioners in Korea.