Incomplete Clearinghouse Mandates

In the 2007–08 financial crisis, over‐the‐counter (OTC) derivatives triggered the collapse of colossal financial institutions. In response, global policy makers instituted clearinghouse mandates. As a result, all standardized OTC derivatives must now use clearinghouses, and global financial market stability now depends upon these institutions. Yet certain underlying legal and regulatory structures threaten to undermine clearinghouse stability, particularly were a significant clearinghouse to become distressed. This article argues that the clearinghouse mandates are incomplete in that they fail to reform these problematic arrangements. As with electric utilities, the lights at the financial market infrastructures known as clearinghouses must always be on. Yet the legal frameworks for handling a distressed clearinghouse, the problem of clearinghouse recovery, and resolution, remain uncertain. This article advances debate on this issue. It argues that recovery, a private market restructuring process, can be conceptualized as a bargaining game dependent upon time‐critical cooperation between a clearinghouse and members. This article uses transaction cost economics to demonstrate, however, that certain underlying legal and regulatory structures could work at cross‐purposes to this necessary cooperation, and actually increase its cost. Based upon this analysis, it proposes reforms designed to ensure that parties’ incentives promote efficient recovery. In the absence of efficient recovery frameworks, the path of a distressed, significant clearinghouse is likely to resemble that of the government‐backed mortgage lenders whose fate more than ten years after their entry into conservatorship remains uncertain. This article aims to help avoid a repeat of this history.     

Use of an Automated Nested Multiplex Respiratory Pathogen PCR Panel Postmortem in the Pediatric Forensic Setting

Respiratory pathogens have been detected in forensic investigations using multiple techniques; however, no study has examined the use of automated, nested, multiplex polymerase chain reaction (ANM‐PCR), commonly used in living patients, in the forensic setting. This retrospective study assessed the utility of ANM‐PCR in detecting respiratory pathogens in the pediatric forensic setting. Respiratory samples from 35 cases were tested for up to 20 respiratory pathogens. 51.4% of these cases yielded a positive ANM‐PCR result, 20% of which were considered the cause of or contributory to death. The most commonly detected pathogens were rhinovirus/enterovirus and respiratory syncytial virus, and these were the only pathogens determined to play a significant role in cause of death. The sampled sites and postmortem intervals tested did not affect the likelihood of a positive or negative test. ANM‐PCR panels are effective, affordable, and rapid ancillary tools in evaluating cause of death in the forensic pediatric population.     

Thoughtfully Reflective Decision Making and the Accumulation of Capital: Bringing Choice Back In

In this paper we relate a particular type of decision making, thoughtfully reflective decision making (TRDM) in adolescence, to successful and unsuccessful life outcomes in young adulthood. Those who are thoughtfully reflective in their decision making are more likely to consider possible alternative routes to goal attainment, weigh the costs and benefits of those alternatives, and critically revisit the decision once made to examine what went well and what went wrong. We also argue that what mediates the effect of TRDM on later life outcomes is the accumulation of capital. Those who use better decision making practices are more likely to recognize the resources provided by and make the necessary investments to accumulate human, social and cultural capital. These notions are theoretically linked to conceptions of criminal offenders as both rational planners and decision makers and as fully human agents. Using data from the Add Health data set, our hypotheses are largely confirmed. Those who are higher in TRDM as adolescents were more likely to have enrolled in or graduated from college, to be in better physical health, are more involved in civic and community affairs, less likely to commit criminal acts, use illegal drugs and be involved in heavy drinking as adults. TRDM is also positively related to the accumulation of human, social and cultural capital. Finally, a substantial part of the effect of TRDM on young adult outcomes was mediated by capital accumulation. The implications of these findings for future theory and research are discussed.     

An experimental study of compressed work schedules in policing: advantages and disadvantages of various shift lengths

Objectives  

The objectives of this research were to test the impacts of three shift lengths (8-, 10-, and 12-hour) on performance, health, safety, quality of life, sleep, fatigue, alertness, off-duty employment, and overtime among police.     

A Retributive Argument Against Punishment

This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify punishment, retributive or otherwise. Clearly, however, if it succeeds, all such attempts fail. No argument for punishment is immune from the argument against punishment proposed here. The argument does not purport to be an argument only against retributive justifications of punishment, and so leave open the possibility of a sound non-retributive justification of punishment. Punishment cannot be justified, the paper argues, because it cannot be demonstrated that any punishment, no matter how minimal, is not a disproportionate retributive response to criminal wrongdoing. If we are to hold onto proportionality—that is, proportionality as setting a limit to morally permissible punishment—then punishment is morally impermissible. The argument is a retributive argument against punishment insofar as a just retributive response to wrongdoing must be proportionate to the wrongdoing. The argument, that is, is concerned with proportionality as a retributive requirement. The argument against punishment is set out on the basis of a familiar version of the ‘anchoring problem’, according to which it is the problem of determining the most severe punishment to anchor or ground the punishment scale. To meet the possible criticism that we have chosen a version of the anchoring problem particularly favourable to our argument, various alternative statements of the anchoring problem are considered. Considering such statements also provides a more rounded view of the anchoring problem. One such alternative holds that the punishment scale must be anchored not just in the most severe punishment, but in the least severe punishment as well. Other alternatives hold that it is necessary and sufficient to anchor the punishment scale in any two punishments, neither of which needs to be the most or least severe punishment. A further suggestion is that one anchoring point anywhere along the punishment scale is sufficient, because it is possible to ‘project’ from such a point, so as to determine the correlative punishments for all other crimes, and so derive a complete punishment scale. Finally, the suggestion is considered that one can approach the issue of a punishment scale ‘holistically’, denying any distinction between anchoring and derived (or ‘projected’) punishments.     

Using Gas Chromatography with Ion Mobility Spectrometry to Resolve Explosive Compounds in the Presence of Interferents*

Abstract: Ion mobility spectrometry (IMS) is a valued field detection technology because of its speed and high sensitivity, but IMS cannot easily resolve analytes of interest within mixtures. Coupling gas chromatography (GC) to IMS adds a separation capability to resolve complex matrices. A GC‐IONSCAN^® operated in IMS and GC/IMS modes was evaluated with combinations of five explosives and four interferents. In 100 explosive/interferent combinations, IMS yielded 21 false positives while GC/IMS substantially reduced the occurrence of false positives to one. In addition, the results indicate that through redesign or modification of the preconcentrator there would be significant advantages to using GC/IMS, such as enhancement of the linear dynamic range (LDR) in some situations. By balancing sensitivity with LDR, GC/IMS could prove to be a very advantageous tool when addressing real world complex mixture situations.     

Misinterpreting Danger? Stereotype Threat,Pre-attack Indicators,and Police-Citizen Interactions

This paper compares police trainings and materials on pre-attack indicators in police-citizen interactions with similar behavioral indicators of stereotype threat, which is not necessarily a sign of danger. Stereotype threat is a social identity threat in which individuals feel that they may be judged or treated negatively based on a social group stereotype (Steele 1997). This psychological threat can increase the target’s anxiety, physiological arousal, and decrease cognitive capacity. We hypothesize that symptoms of stereotype threat might be similar to pre-attack indicators being taught to police in the USA, which can lead police to potentially misinterpret a citizen’s actions. Using a deductive content analysis, three coders analyzed a sample of pre-attack indicator police trainings for three indicators of stereotype threat: anxiety, arousal, and reduced cognitive capacity. Results found significant overlap between danger indicators taught in trainings and stereotype threat indicators. All 15 identified trainings contained at least one of the three indicators of stereotype threat, and 13 contained at least two indicators. None of the trainings discussed stereotype threat. We argue that stereotype threat should be taught in addition to relevant indicators of danger in trainings, lest officers misinterpret citizens’ stereotype threat-related behaviors solely as manifestations of imminent danger.     

Enhancing judicial skills in domestic violence cases: the development,implementation, and preliminary evaluation of a model US programme

ABSTRACT

The overwhelming number and complexity of domestic violence cases in criminal and family courts has resulted in the development of education programmes to assist judges. There is limited research on judicial education in this area. This paper reviews one such initiative entitled ‘Enhancing Judicial Skills in Domestic Violence Cases’ (EJS) that has been developed and implemented over the last 20 years by the National Judicial Institute on Domestic Violence, a partnership of the US Department of Justice Office on Violence Against Women, National Council of Juvenile and Family Court Judges and Futures Without Violence. We present findings of a preliminary evaluation of the programme based on the self-reports of 480 judges who had taken the four-day workshop between 2006 and 2010. Overall, judges reported the programme to be engaging and effective. At a six-month follow‐up, most of the judges identified specific benefits and behavior changes in the areas of access to justice, judicial leadership, victim safety, and abuser accountability as a result of participating in the programme. Critical issues in judicial education are highlighted based on the authors’ experiences in the development and implementation of this programme.