Responding to War on Capitol Hill: Battlefield Casualties,Congressional Response,and Public Support for the War in Iraq

Recent scholarship argues that how members of Congress respond to an ongoing war significantly influences the president's strategic calculations. However, the literature is comparably silent on the factors influencing the public positions members take during the course of a military venture. Accounting for both national and local electoral incentives, we develop a theory positing that partisanship conditions congressional responses to casualties in the aggregate, but that all members respond to casualties in their constituency by increasingly criticizing the war. Analyzing an original database of more than 7,500 content‐coded House floor speeches on the Iraq War, we find strong support for both hypotheses. We also find that Democrats from high‐casualty constituencies were significantly more likely to cast antiwar roll‐call votes than their peers. Finally, we show that this significant variation in congressional antiwar position taking strongly correlates with geographic differences in public support for war.     

Cohabitants, Property and the Law: A Study of Injustice

With cohabitation outside marriage becoming increasingly common, the law's response to the problems that arise on separation has become a key issue for public and family policy. This article draws upon the findings of a qualitative empirical study of how property disputes are handled when cohabitants separate. It argues that the unfairness of the current law is best understood as stemming from a failure to recognise the situation that arises as one of unjust enrichment. It shows that the complexity and unpredictability of the law make it difficult to bargain effectively in the shadow of the law. It suggests that the need for reform goes beyond the introduction of a discretionary regime, such as that proposed by the Law Commission, to reform of conveyancing and property law and practice to facilitate initial, as well as post-separation private ordering.     

Effects of advanced age and dementia on restoration of competence to stand trial

Elderly defendants (age 65+) and defendants with dementia adjudicated incompetent to stand trial and hospitalized for restoration to competence (RTC) often present unique challenges to clinicians charged with their restoration. In this study, we attempted to better identify predictors of successful RTC by building upon previous research correlating increased age with decreased likelihood of RTC. We identified elderly non-demented defendants (n = 31) and defendants diagnosed with dementia (n = 47) from a state database of 1380 individuals hospitalized for competence restoration from 1988–2004. Using regression analysis and correcting for demographic variables and common admission psychiatric diagnoses, we studied the relationship of age at hospital admission and dementia diagnosis on the likelihood of successful RTC. Both advanced age and dementia diagnosis were associated with decreased RTC. After correcting for dementia diagnosis, increased age retained its negative correlation with restoration success. Both elderly non-demented defendants and defendants diagnosed with dementia were significantly less likely to be restored to competence than all other RTC admissions (n = 1302). However, a substantial percentage of both demented and elderly non-demented defendants were successfully restored to competence, potentially justifying restoration attempts for both of these groups of defendants.     

Mortgage fraud: A risk factor analysis of affected communities

Mortgage fraud is a fast-growing form of white-collar crime that has received much press coverage in the United States of America. Mortgage fraud has an adverse effect on individual homeowners, communities, and many indirect victims of the crime. While past research has focused on the personal motivating factors behind the commission of white-collar crime, this particular article reviews several facets of the crime itself and explores the potential neighbourhood risk factors that help attract the crime. From a national perspective, mortgage fraud seems to occur more frequently in neighbourhoods that have low socioeconomic indicators. These associations become even more pronounced when the degree of fraud occurrences within the community is factored in as a variable. Upon disaggregating the data according to region, the fraud indicator variables also display differing trend levels, perhaps indicating that as mortgage fraud practices begin to mature within an area, its community dynamics tend to change as well. The article concludes with recommendations for policymakers, community organizations, and law enforcement officials as to how to address mortgage fraud once it appears within a community, and also addresses future avenues of research for what is largely an untapped area of financial crime research.     

Effectiveness of pupil diameter in a probable‐lie comparison question test for deception

Purpose. There were three objectives of this study: (1) To assess the possibility of using pupil diameter as an index of deception in the context of a comparison question polygraph test. (2) To determine if pupil diameter would make a significant contribution to an optimal multivariate classification equation in combination with the traditional predictor variables used in field polygraph practice. (3) We explored the possibility of replacing one or more of the traditional predictor variables with pupil diameter. Methods. We used a laboratory mock crime experiment with 24 participants, half of whom stole $20 (US) from a secretary's purse. Participants were tested with a comparison question test modelled after standard field practice. Physiological measures were taken with laboratory quality instrumentation. Features were extracted from the physiological measures. Those features were subjected to a number of different statistical analyses. Results. Innocent participants showed larger increases in pupil diameter in response to probable‐lie questions than to relevant questions. Guilty participants did not show differential responding to the question types. The additional of pupil diameter to a multivariate classification model approached, but did not reach significance. Subsequent analyses suggest that pupil diameter might be used to replace the traditional relative blood pressure measure. Conclusions. Pupil diameter was found to be a significant predictor variable for deception. Pupil diameter may be a possible replacement for the traditional relative blood pressure measure. Additional research to explore that possibility would seem to be warranted.     

Analyzing the Performance of Risk Assessment Instruments: A Response to Vrieze and Grove (2007)

In a recent article, Vrieze and Grove (Law Hum Behav, doi: 10.1007/s10979-007-9092-x , 2007) argue that, because of low recidivism base rates and limited predictive accuracy, an actuarial risk assessment instrument (ARAI) may produce decisions about sex offenders that are worse than simply predicting that no one will commit another sex offense. This article examines: (1) the construction and potential overfitting of ARAIs; (2) the meaning, value, and limitations of ROC areas; and (3) the relationship between the operating point that maximizes an ARAI's correct classifications and the legal criterion-"likely to reoffend"-used for sex offender designations. Contrary to what Vrieze and Grove suggest, ARAIs of modest accuracy yield probabilistic information that is more relevant to legal decision-making than just "betting the base rate."     

Criminal Recidivism Among Juvenile Offenders: Testing the Incremental and Predictive Validity of Three Measures of Psychopathic Features

We studied the predictive, comparative, and incremental validity of three measures of psychopathic features (Psychopathy Checklist: Youth Version [PCL:YV]; Antisocial Process Screening Device [APSD]; Childhood Psychopathy Scale [CPS]) vis-à-vis criminal recidivism among 83 delinquent youth within a truly prospective design. Bivariate and multivariate analyses (Cox proportional hazard analyses) showed that of the three measures, the CPS was most consistently related to most types of recidivism in comparison to the other measures. However, incremental validity analyses demonstrated that all of the predictive effects for the measures of psychopathic features disappeared after conceptually relevant covariates (i.e., substance use, conduct disorder, young age, past property crime) were included in multivariate predictive models. Implications for the limits of these measures in applied juvenile justice assessment are discussed.     

Differentiating Between Generally and Partner-Only Violent Subgroups: Lifetime Antisocial Behavior,Family of Origin Violence,and Impulsivity

The present study examined self-reported lifetime antisocial behavior, family of origin violence, and impulsivity/behavioral disinhibition of 73 men entering treatment for partner violence. Participants were designated as generally violent (GV) (n = 46) or partner only violent (n = 27), based on self-reported violence against non-intimate individuals during the year prior to intake. As hypothesized, GV men reported more conduct disorder/delinquent behaviors, lifetime antisocial behaviors, and family of origin violence. The GV men also reported more behavioral disinhibition, however, group differences on impulsivity only approached statistical significance. In addition, as hypothesized, GV men reported they were more psychologically abusive toward their intimate partners. However, contrary to expectations, the subgroups did not differ on reports of physical violence toward their partners. This study employed a fairly simple technique of dividing men into groups based on self-reports of violence over the past year, thereby producing subgroups that differed on a number of important characteristics that may have implications for treatment. An advantage of this technique is that it would be relatively easy for other treatment programs to apply.

California clarifies its posthumous right of publicity statute

The State of California has now clarified and confirmed thatits 23-year-old posthumous publicity rights statute (Civil Code3344.1, formerly 990) applies to deceased individuals who diedbefore this law's original effective date of 1 January 1985,and that these rights may pass to beneficiaries designated inthe residuary clause of such a decedent's will.