Explaining State High-Courts' Selective Use of State Constitutions

Although state constitutions offer substantial policy-makingopportunities, state courts are reluctant to base decisionson independent state constitutional law. Using state high-courtjudicial review decisions from 1981 to 1985, we tested a modelpredicting countermajoritarian state-law rulings. Legal andpolitical variables best predicted state constitutional decisions.Intragovernmental conflicts were particularly likely to resultin state-law decisions, while courts were especially reluctantto base civil liberties decisions on state constitutions. Casesbrought by government officials were likely to be decided onstate constitutional principles; state-law decisions were alsolikely to emerge from conservative states and states with tradilionalisticpolitical cultures. Although these latter findings stand apartfrom previous research connecting some forms of judicial activismto liberal political environments, they seem consistent withthe element of American conservatism seen particularly in traditionalisticstates (in the South and Southwest) demanding protection ofstate autonomy in the realms of policy development historicallyleft to the states.     

Performance Measurement in U.S. Counties: Capacity for Reform

This study examines the capacity of U.S. counties to undertake performance measurement. Based on a national survey of counties with populations over 50,000, the authors address the following questions: To what extent do counties implement performance measurement? Which capacities must be present for different levels of implementation and success? What can counties do to increase their capacity for performance measurement? And, what is the effect of county structure and functions on the use of performance measurement? This study finds that the success of performance measurement is greatly affected by counties' underlying organizational capacities.     

Car Stereos and the Criminal Sanction: The Dangers of Too Much Social Control

Noise pollution is an ongoing problem in American cities, and car stereos are a major reason why large numbers of people are unhappy. Citizens are demanding regulation of “boom cars” and the typical policy response is to use the criminal sanction. The behavior is annoying, but hardly morally opprobrious. Despite the best intentions of those who propose such laws, they are potentially a bigger danger to civil liberties than the behavior that they purport to regulate. The enforcement of such laws does little to curb the behavior in question, but may function as a content-based regulation of certain types of music, provides opportunities for racial profiling, and may harm the legitimacy of the government thus reducing its ability to use its police power in areas which are more appropriate for the use of that power.     

The influence of implicit theories and offender characteristics on judgements of sexual offenders: a moderated mediation analysis

The psychological factors underpinning responses to sexual offenders are beginning to receive increased empirical scrutiny. One such factor is offender representativeness, which refers to the extent to which a given offender example matches a stereotype of those who are typically labelled as “sexual offenders”. Using a sample of 252 community members, we examined the role of implicit theories about sexual offenders (ie whether sexual offending is seen as fixed or malleable) in mediating the relationship between affective responses to sexual offenders and policy outcome judgements. We found support for this mediating effect, although this was eliminated when participants were presented with a “non-representative” offender vignette. We argue that the relationship between affective responses and policy judgements is contingent on the activation of a sexual offender stereotype, and that this link can be disrupted via the increased presentation of non-stereotypical case examples. Implications for public debate and professional practice are discussed.     

Assessing Psychopathic Traits and Criminal Behavior in a Young Adult Female Community Sample Using the Self‐Report Psychopathy Scale

This study assessed psychopathic traits in a nonforensic female population (N = 343). Respondents completed the Self‐Report Psychopathy Scale‐4: Short Form (SRP‐SF) and also reported on their Criminal Behavior. The results revealed relatively higher scale elevations for the Interpersonal and Lifestyle SRP‐SF facets, compared to the Affective and Antisocial facets. Also, those with a history of Criminal Behavior had significantly higher SRP‐SF facet scores on all four psychopathy domains, compared to those without such history. Consistent with a number of previous studies, the structural equation modeling results revealed good fit for the four‐factor SRP‐SF model. In addition, a super‐ordinate SRP‐SF factor, which accounted for the majority variance of all four SRP‐SF first‐order factors, also accounted for 50% of the variance in a latent Criminal Behavior factor. Taken together, findings support use of the SRP‐SF to assess psychopathic features in a moderately large sample of Belgium women.     

Alcohol and Violence Related Cognitive Risk Factors Associated with the Perpetration of Intimate Partner Violence

The primary aim of this study is to determine the association between alcohol, violence related cognitive risk factors, and impulsivity with the perpetration of partner violence among current drinkers. A probability sample (n = 1468) of White, Black, and Hispanic couples 18 years of age or older in the United States household population was interviewed in 1995 with a response rate of 85%. The risk factors of interest included the alcohol and violence related cognitions of approval of marital aggression, alcohol as an excuse for misbehavior, and aggressive expectations following alcohol consumption as well as impulsivity. In all, 15% (216/1468) of the respondents reported perpetration of domestic violence. In addition, 24% (7/29) of those who approved of marital violence, 11% (126/1163) of those who reported alcohol use as an excuse for misbehavior, 10% (128/1257) of those who reported aggressive expectations following alcohol consumption, and 14% (99/716) of those who reported impulsivity also reported perpetration of domestic violence. Bivariate analysis indicated that all of the cognitive risk factors were significantly more common in those who reported perpetration of intimate partner violence (IPV) (p < 0.05). However, multivariate analysis controlling for ethnicity, education, income, age, gender, and impulsivity indicated that those who reported strong or very strong expectations of aggressive behavior following alcohol consumption were 3.2 (95% CI = 1.3–7.9) times more likely to perpetrate IPV. Although all of the alcohol and violence related cognitive risk factors were associated with the perpetration of domestic violence, expectations of aggressive behavior following alcohol consumption appeared to be the strongest predictor of the perpetration of IPV among current drinkers. Therefore, alcohol expectancy may be an important factor to assess when attempting to identify and treat perpetrators of domestic violence who are also current drinkers.