International Law and Detention of US Asylum Seekers: Contrasting Matter of D-J- with the United Nations Refugee Convention

US refugee law reflects an ever-increasing conception that theapplication of international standards would constitute an unacceptablerisk to national security. CSR Article 31(2)’s requirementthat refugees ‘shall not’ be detained unless ‘necessary’appears among the chief casualties of such suspicions. US jurisprudenceremains strikingly devoid of reference to Article 31, and 2003’sMatter of D-J- is a prime example. D-J- was an administrativedecision in which the US Attorney General held that nationalsecurity required all US asylum seekers who successfully arrivevia boat must be subject to mandatory detention throughout thecourse of removal proceedings. Despite US accession to the Protocol,Article 31(2) was not mentioned. This article explores what might have happened to D-J- if theRefugee Convention had indeed been applied to his case. Utilizingthe international methodology for treaty interpretation, itapplies Article 31(2) to various aspects of the Attorney General'sdecision. Part 2 argues that under the Supreme Court's CharmingBetsy rule, statutory discretion to detain must be interpretedconsistently with US international obligations. Part 3 concludesthat Article 31(2) of the Refugee Convention grants asylum seekersa right to release whenever their detention is not ‘necessary’.Part 4 proposes a three-part ‘pyramid’ approachto explain the elemental phases of the decision to detain anasylum seeker and examines necessity at each stage. Finally,Part 5 discusses Article 31(2)’s implications regardingevidence and proportion. The premise throughout is that, hadit been applied, the Refugee Convention could have protectedthe interests of both D-J- and ‘national security’.     

The Influence of Domestic Violence on Preschooler Behavior and Functioning

Enhancing current explanations of domestic violence exposure effects on child cognitive and behavioral functioning was the purpose of this investigation. Participants were 31 domestic violence exposed and 31 non-exposed children ages 3 to 5 years and their single-parent household mothers. Child-mother pairs were matched for child’s age, gender, and ethnicity, mother’s age and education, and annual family income. Child cognitive and behavioral functioning was assessed via psychological assessment and parent report. The presence of mental health difficulties in mothers was assessed using self-report and clinician-administered instruments. Exposed children showed lower verbal functioning and higher internalizing behaviors than did their non-exposed peers. Exposed mothers displayed greater psychological difficulties than did their counterparts.     

Parental Representations in the Play of Preschool Aged Witnesses of Marital Violence

The play of young children has long been used clinically to understand children’s experiences and inner feelings. More recently, children’s play has been examined quantitatively to understand differences due to varying backgrounds, family relationships, etc. Forty preschool children (21 girls and 19 boys) aged 27 to 71 months from families with histories of domestic violence were observed using a play interview, The MacArthur Story Stem Battery, to determine if severity of violence, frequency of visitation with their previously violent fathers, and mother-child relationship functioning impacted how parents were represented in play. Overall, girls represented their parents more positively regardless of other family circumstances. Boys, especially those who did not visit regularly with their fathers, had negative representations of their mothers. Severity of violence did not predict negative parental representations in the sample.     

Lessons Learned from Developing a Trauma Consultation Protocol for Juvenile and Family Courts

Juvenile and family courts hold a unique position among the many stakeholders that comprise a healing community for persons experiencing adversity or trauma. Specifically, judges and other court leaders can promote the implementation of screening for trauma, the alignment of appropriate and effective treatment for trauma when indicated, and the accountability of systems for coordination and support of such services. To that end, the National Council of Juvenile and Family Court Judges undertook a field‐based project — consisting of multiple semi‐structured court surveys — to elucidate the key features of a trauma‐informed court and how to assist courts in becoming more trauma‐responsive for both consumers and staff. With the assistance of courts in 11 pilot sites across the nation, the project has led to the development of a protocol called trauma consultation or trauma audit, which is outlined here. Our work in developing the consultation protocol highlighted the need to better understand (1) the prevalence and impact of secondary traumatic stress in court staff, (2) the potential for environment to contribute to traumatic stress reactions, and (3) the importance of consistent trauma screenings and subsequent use of findings. Practical suggestions for courts to become more trauma‐informed are also provided.     

‘Wasn't me!’ A field study of the relationship between deceptive motivations and psychopathic traits in young offenders

Purpose. Evaluating truthfulness is an integral part of any forensic assessment. Unfortunately, the motives underlying the use of deceptive strategies by offenders and how these may be mediated by personality are not well established, particularly in adolescent samples. Accordingly, the aim of the present study was to identify different deception‐related motivations in a sample of juvenile offenders, with special emphasis placed on the relationship between these motivations and psychopathic traits. Methods. Archived file and videotaped information for 60 Canadian federal juvenile offenders were reviewed in order to identify real‐life (spontaneous) patterns of deceptive motivations. Results. It was found that there were significant differences between the low, medium, and high groups across psychopathic traits for the motivations of (1) lies to obtain a reward; (2) to heighten self‐presentation; and (3) for duping delight. Conclusions. Not only were juvenile offenders found to lie for a variety of reasons, but also psychopathy was found to mediate the specific motivational patterns leading to offender perpetrated deception. The relevance of these findings to the assessment of truthfulness in offender populations is discussed.     

Self-Reported False Confessions and False Guilty Pleas among Offenders with Mental Illness

Persons with mental illness may be at risk for false admissions to police and to prosecutors because of the defining characteristics of mental illness, but potentially because of heightened recidivism rates and increased opportunities. We surveyed 1,249 offenders with mental disorders from six sites about false confessions (FCs) and false guilty pleas (FGPs). Self-reports of FC ranged from 9 to 28%, and FGPs ranged from 27 to 41% depending upon site. False admissions to murder and rape were rarely reported. We also examined differences between those claiming false admissions and those not. Minorities, offenders with lengthier criminal careers, and those who were more symptomatic were more likely to have self-reported false admissions than their counterparts.