<Emphasis Type="Italic">Commentary</Emphasis>: A Critical Review of Published Competency-to-Confess Measures

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test–retest reliability, content validity, construct validity, and criterion-related validity.     

Forensic analysis of hallucinogenic fungi: a DNA-based approach

Hallucinogenic fungi synthesize two controlled substances, psilocin and psilocybin. Possession of the fungal species that contain these compounds is a criminal offence in North America. Some related species that are morphologically similar, do not contain the controlled substances. Therefore, unambiguous identification of fungi to the species level is critical in determining if a mushroom is illegal. We investigate a phylogenetic approach for the identification of species that contain the psychoactive compounds. We analyzed 35 North American specimens representing seven different genera of hallucinogenic and non-hallucinogenic mushrooms. We amplified and sequenced the internal transcribed spacer region of the rDNA (ITS-1) and a 5' portion of the nuclear large ribosomal subunit of rRNA (nLSU rRNA or 28S). ITS-1 locus sequence data was highly variable and produced a phylogenetic resolution that was not consistent with morphological identifications. In contrast, the nLSU rRNA data clustered isolates from the same species and separated hallucinogen containing and non-hallucinogen containing isolates into distinct clades. With this information, we propose an approach that combines the specificity of PCR detection and the resolving power of phylogenetic analysis to efficiently and unambiguously identify hallucinogenic fungal specimens for legal purposes.     

Implementing health care reform in Israel: organizational response to perceived incentives

Devising new incentives was a main element of health care reform in Israel, which created a regulated market that embodies many principles of managed competition. This study examined sick fund directors' perceptions of the new incentives and their strategic responses to these incentives, enabling the testing of how managed competition works in practice. The methodology used was a multiple case study of Israel's four sick funds. Data were gathered through in-depth interviews with 160 senior officials, analysis of national health insurance legislation, and analysis of published and unpublished archival documents, newspaper articles, public statements of senior managers, and other published data on the sick funds' behavior. The study revealed discrepancies between planned and perceived incentives and highlighted the effect of the latter on strategy formulation. Analysis of sick fund strategies showed that their responses to managed competition incentives deviated from theoretical expectations, compromising some of the objectives of the reform. The study also shows that contextual features account for the specific model of managed competition that was implemented and for the specific strategies employed by the sick funds. The study concludes by highlighting the need to build a process that will enable policy makers to consider local contextual factors when planning and implementing reform, involving health care providers in designing incentives, continuously monitoring processes and outcomes in the reformed system, and allowing for flexibility in policy making.     

The Role of Woman's Explanations for Refusal on Men's Ability to Discriminate Unwanted Sexual Behavior in a Date Rape Scenario

This study examined the impact of types of women's verbal refusals, and the timing of her refusal, on men's discrimination of when a female wants her partner to stop making sexual advances. Male students were randomly assigned to 1 of 6 conditions (Explanations × Intimacy Levels). Before listening to an audiotape of a date rape, participants were told they would be listening to an interaction between a man and a woman who had just returned from a date. They were instructed to indicate when the woman wanted the man to stop making sexual advances by pressing a switch that synchronously stopped a timer (yielding the measure of latency). In the vignette, the woman provided an explanation for not engaging in sexual intercourse on the date either during kissing or when the man attempted to touch her breasts. She offered one of three reasons for refusing his sexual advances; fear of pregnancy, waiting until marriage, too early in the relationship. Results revealed an interaction in which participants in the too early in the relationship explanation at the level of breast contact condition displayed significantly longer latencies than individuals in the other groups. The implications of the findings are discussed.     

An Exploratory Analysis of Florida Law Enforcement Domestic Violence Policies

The high social cost of domestic violence has caught the attention of lawmakers and criminal justice agency administrators across the country. As public awareness and concern over the incidence of domestic violence has risen, domestic violence legislation has focused on, among other things, the law enforcement response to domestic violence. The purpose of this study is to examine Florida law enforcement agency response to domestic violence by analyzing agency standard operating procedures (SOPs) across measures identified in the Florida Model Policy for Domestic Violence. Utilizing content analysis, the authors identify agency policy mandates including the number of officers responding to the scene, the use of specialized units, availability of victim advocates, and procedures for investigation.     

Alcohol Consumption and Females’ Recognition in Response to Date Rape Risk: The Role of Sex-Related Alcohol Expectancies

This study examined the pharmacological and psychological effects of alcohol on women’s recognition of and response to dating sexual aggression. Female participants completed measures of prior sexual victimization experiences, sex related alcohol expectancies, general alcohol expectancies, and drinking habits. Using a 2 (alcohol) × 2 (expectancy) balanced placebo research design, women were exposed to an audiotape date rape vignette and asked to press a button when the man’s sexual advances had gone to far. Upon pressing the button, the tape was stopped and participants were instructed to imagine themselves in the same situation and generate a response describing what they would say and/or do at that point. Results indicated that although alcohol and expectancy were not related to risk perception, individuals who consumed alcohol displayed significantly less resistant role play refusals. A significant interaction between expectancy set and pre-existing sex-related alcohol expectancies was observed indicating participants believing alcohol affects sexual behavior generated less resistant refusal responses when they expected to receive alcohol. Moreover, for those who expected to receive alcohol, stronger pre-existing sex-related alcohol expectancies predicted less resistant refusal responses over above the effects of blood alcohol level and general alcohol expectancies. The implications of these findings are discussed.     

History, Race, and Prediction: Comments on Harcourt's Against Prediction

This article reviews Bernard Harcourt's Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age (2007). It places the rise of actuarialism in criminal law in the United States in the context of trends in other areas of law, as well as in penology. It further suggests that this move toward actuarial thinking cannot in fact be separated from race; that prediction has always involved racial profiling, and that it is no accident that it does so .