DOMESTIC VIOLENCE AND EMPOWERMENT IN CUSTODY AND VISITATION CASES

This article reports a State Justice Institute funded research project attempting to demonstrate the difference between mediation and evaluation disputes over child custody, and visitation where domestic violence is involved. The researchers attempted to develop samples at two courts—Hennepin County Circuit Court in Minneapolis, Minnesota, and Multnomah County Circuit Court in Portland, Oregon.     

The insanity defense in Shelby County,Tennessee

The purpose of this investigation was threefold: to document the number of cases in Shelby County, Tennessee where an insanity defense was possible: to follow cases through to disposition to determine what percentage of defendants use the defense successfully; and to examine the type of charges for insanity cases. Of the 25.000 individuals processed through the Criminal Courts. 685 (2.7%) were referred for insanity evaluations and 45 defendants (6.6%) were returned to the court with a recommendation from the Midtown Mental Health Center's Forensic Team that an insanity defense was possible. Of the 45 insanity defendants identified, 49% (n=22) pleaded guilty, 31% (n=14) went to trial, and 20% (n=9) were dismissed. Overall, 22% (n=10) of the insanity defendants were adjudicated not guilty by reason of insanity. Thus, of all defendants processed (25,000), 04% (n=11) were adjucated not guilty by reason of insanity. While no one type of offense predominated, two general categories were observed: murder and related offenses (33%) and property crimes (27%). The findings are discussed with reference to procedures for handling insanity cases in Tennessee and the position that extreme caution should be exercised before investing substantial resources to effect sweeping changes in laws that effect so few criminal defendants.     

Trust, Trusts, and Accountability: The Role of States in College Saving Plans

With the adoption of Section 529 plans, states have played an increasing role in college savings. When parents prepay for their children's college education, states invest the proceeds with the expectation that the investment returns will cover tuition increases. In times of fiscal stress, states decrease funding for higher education, causing schools to increase tuition. Because current investment returns have not kept pace with tuition increases, state managers have an even greater burden to ensure that these funds are managed properly. Our research interest is the fiduciary role of state governments in managing these plans in a volatile investment market.     

Physical Activity and Rural Middle School Adolescents

This study reports the self-reported physical activity level of rural adolescents. Eight hundred and twenty two middle school adolescents (M = 229, F = 593), mean age = 13.9 in three rural Indiana middle schools reported their participation in out-of-school physical activities over a 5 day period. Responses to the activity items were recoded into sedentary, active, and very active exercises and preferred types of exercise. Over one-third (36%) of adolescent males indicated participation in vigorous physical activity less than 2 times per week and almost half (42%) of females reported levels of activity below nationally recommended guidelines. Adolescent males reported more frequent engagement in strength exercises than females (33% and 25% respectively). Over one third of males and females (35%) reported stretching three or more times each week. Significant differences were found between males and females satisfaction with their present body weight such that 21% of males and 44% of females indicated dissatisfaction with their present body weight. Males and females both reported a preference for active team sports such as volleyball, football, softball, and individual activities such as weight training, bicycling, and swimming. The levels of reported activity reflect national survey findings, indicating that many adolescents may not be involved in the recommended levels and that exercise behaviors of rural adolescents may be similar to those in urban areas.     

On the Reasonableness of Compelling Citizens to 'Vote': the Australian Case

The legitimacy of compelling citizens to vote is rarely explored beyond claims about partisan benefit or infractions of liberty and democratic freedom of choice. Using the Australian model as a particularly successful and well administered case, I explore more deeply the issue of whether the state imposed obligation to vote is a legitimate one. The problem is approached via a number of questions, among them: Does compulsion have any properties that make it superior to a voluntary system? Does compulsion place an undue burden on voters? Is voting in the interests of individuals? Does voting do any good? Is there an obligation to vote? And, if so, to whom is the obligation owed?
I conclude that compulsion is reasonable because it yields collective (and ultimately individual) goods and protects a number of democratic, liberal and moral values. It is suggested that although there may be an obligation (but not a duty) to vote, this obligation is not owed to the state but rather to other citizens. An important effect of compulsory voting is its capacity to make voting a more 'rational' activity because it limits informational uncertainty and reduces opportunity costs. Compulsion removes most, if not all, the barriers to voting normally experienced by abstainers in voluntary systems. In doing so it releases or generates a variety of positive values, utilities and capabilities.