Judicial scrutiny of gender-based employment practices in the criminal justice system

Purpose

This article examines employment practices of criminal justice agencies within state and federal court decisions that have interpreted sex discrimination claims under Title VII of the 1964 Civil Rights Act.

Methods

After collecting and analyzing appellate court cases through the LEXIS-NEXIS and WESTLAW databases, the article examines lower state and federal court decisions that have been applied by the U.S. Supreme Court to criminal justice workplaces.

Results

The findings show that employment practices are valid if the employer can demonstrate: first, the disputed discriminatory action is based on considerations not solely dependent on the plaintiff's gender; and second, such considerations are more than mere pretext, making them justifiable under the circumstances.

Conclusions

Courts have considered a wide range of employer practices in both law enforcement and corrections agencies at various stages of the employment process, such as hiring, assignment of duties, promotion, discipline, and termination. Title VII is violated when the employers’ adverse employment action is motivated by discriminatory intent and is based on gender stereotypes. Even so, employment actions are legal when employers prove their employment actions are not based on sex stereotypes, but are either business-related or justified by “legitimate,” “important,” or “compelling” interests.     

Assaults in the elderly--a population-based study with victim and perpetrator characteristics

The aim of the present epidemiological study was to investigate characteristics of assaults in the elderly aged 65 years and above from the perspective of the victim and perpetrator. This population-based study included 23,142 assaults (according to §§ 224/226 StGB of German criminal law) that were recorded in Bavaria, Germany, from 1999 to 2005. The population-based ratio of serious crimes of battery for the elderly in comparison with the reference population was markedly lower (0.10; 95% CI: 0.09-0.11) in suspects aged more than 65 years and 0.08 (95% CI: 0.07-0.09) for the injured above 65 years. Elderly perpetrators differed significantly concerning the manner of the assault (p < 0.001). They committed less crimes in urban areas (56.1% vs. 68.8%) and were victimized significantly more in rural areas (p < 0.001; 41.2% vs. 30.2%). Violence in the elderly differs from that of the younger population. Further research is warranted to establish prevention measures.     

Child Abuse in a Disciplinary Context: A Typology of Violent Family Environments

The objectives of this study were to identify and validate types of violent family environments based on child abuse in a disciplinary context. The study is original in that it simultaneously takes into account the cognitive and behavioral dimensions of the parental role as it relates to the degree of family violence in a child??s life. Cluster analyses were performed on a representative sample of 3,148 families. The Abusive profile applied to families who reported at least one severe assault on a child within the past year. This profile also had the highest levels of domestic violence, psychological aggression, and corporal punishment. The Harsh profile is nevertheless similar to the Abusive profile, despite the fact that these families reported no severe assault. The key difference is the lower score levels: the attributes are the same, but less intense. The Nonabusive profile accounted for the families with the lowest rates of domestic and parental violence, together with a negative attitude towards corporal punishment and a heightened awareness of the consequences of violence. Although the families who matched the Paradoxical profile reported very little violence, they are the least aware of the consequences of violence and the most in favor of corporal punishment. The four profiles were replicated with another cluster analysis performed on an independent representative sample of 2,465 families. Then the profiles were compared with regard to the variables used to create the clusters and other variables theoretically associated with the appearance of maltreatment. These validation methods enhance the credibility of the proposed typology.     

Criminality among female drug users following an HIV risk-reduction intervention

The main objectives of this article are to determine the prevalence of criminality among a sample of female African American drug users and to examine change in criminality over time, including the correlates associated with this change. Data were collected from 336 adult women who participated in an HIV risk-reduction intervention focused on the context of the women's daily life. Face-to-face structured interviews were conducted at baseline, prior to enrolling in the intervention, and at follow-up, 6 months after completion of the intervention. Bivariate and correlated multivariate methods were utilized to examine changes in criminality and other behaviors over time. Both violent and nonviolent criminality declined significantly between baseline and follow-up assessments. Of the correlates considered, drug-using characteristics and victimization played the greatest role in explaining the decrease in criminality. Low self-control and depressive symptoms also contributed to the reduction in criminality. The findings suggest the importance of considering individual characteristics that may influence the women's criminal behavior as well as the impact of their routine activities.     

Supply chain arrangements: The ABC to GDPR compliance—A spotlight on emerging market practice in supplier contracts in light of the GDPR

With ever increasingly complex and disaggregated sourcing supply chains and in the wake of the GDPR application deadline, this article shines a spotlight on early emerging market practice in supplier contracts.     

The Forensic Confirmation Bias: A Comparison Between Experts and Novices

A large body of research has described the influence of context information on forensic decision‐making. In this study, we examined the effect of context information on the search for and selection of traces by students (N = 36) and crime scene investigators (N = 58). Participants investigated an ambiguous mock crime scene and received prior information indicating suicide, a violent death or no information. Participants described their impression of the scene and wrote down which traces they wanted to secure. Results showed that context information impacted first impression of the scene and crime scene behavior, namely number of traces secured. Participants in the murder condition secured most traces. Furthermore, the students secured more crime‐related traces. Students were more confident in their first impression. This study does not indicate that experts outperform novices. We therefore argue for proper training on cognitive processes as an integral part of all forensic education.     

Learning on the job: Studying expertise in residential burglars using virtual environments*

In this article, we describe a quasi‐experiment in which experienced incarcerated burglars (n = 56), other offenders (n = 50), and nonoffenders (n = 55) undertook a mock burglary within a virtual neighborhood. We draw from the cognitive psychology literature on expertise and apply it to offending behavior, demonstrating synergy with rational choice perspectives, yet extending them in several respects. Our principal goal was to carry out the first robust test of expertise in offenders by having these groups undertake a burglary in a fully fledged reenactment of a crime in a virtual environment. Our findings indicate that the virtual environment successfully reinstated the context of the crime showing clear differences in the decision making of burglars compared with other groups in ways commensurate with expertise in other behavioral domains. Specifically, burglars scoped the neighborhood more thoroughly, spent more time in the high‐value areas of the crime scene while traveling less distance there, and targeted different goods from the comparison groups. The level of detail in the data generated sheds new light on the cognitive processes and actions of burglars and how they “learn on the job.” Implications for criminal decision‐making perspectives and psychological theories of expertise are discussed.     

When is a child not a child? Child soldiers in international law

International humanitarian law and international human rights law both prohibit the use of child soldiers in armed conflict. The protection afforded to children is problematic because the age a child may become a soldier and what constitutes child “soldiering” fluctuates between States and cultures. Differing levels of children soldiers’ protection leave them vulnerable to particular abuses. This paper examines some different attitudes and approaches towards the use of child soldiers and concludes that international human rights law and international humanitarian law does not adequately protect children.     

Validation of the Cozart microplate EIA for analysis of opiates in oral fluid

The purpose of this study was to determine the performance characteristics of the Cozart microplate EIA for detecting opiates in oral fluid from patients in a drug misuse treatment program. Oral fluid samples were collected using the Cozart RapiScan Collection System from 216 donors who were receiving treatment for their addiction and were monitored for drug abuse. A further 40 oral fluid samples were collected from volunteer donors who were not drug users. The samples were analyzed in the laboratory by using the Cozart microplate EIA for opiates and confirmed using gas chromatography-mass spectrometry (GC-MS). The samples were stored frozen until analysis by GC-MS. The intra-assay precision for the Cozart microplate oral fluid EIA for opiates over 40 assays was 0.43% to 9.13% CV (within assay) and 2.9% to 9.1% CV (within day). A total of 109 samples were positive for various opiates. The Cozart microplate EIA for opiates in oral fluid, using a cut-off of 30 ng/ml morphine equivalents in neat oral fluid, had a sensitivity of 99.1 +/- 2.1% and a specificity of 94.4 +/- 2.2% versus GC-MS. A series of potential adulterants of oral fluid were evaluated and shown not to alter the outcome of the test result.