The Static-99R predicts sexual and violent recidivism for individuals with low intellectual functioning*

A current debate is whether actuarial risk assessment tools predict sexual recidivism in sexual offenders with intellectual disabilities (SOIDs). Since intellectual functioning exists on a spectrum, the present study examined the predictive validity of the Static-99R across the range of intellectual functioning. The sample was comprised of 454 adult sexual offenders assessed at an outpatient clinic and followed for an average of 10 years. Offenders in the extremely low/borderline group had higher scores on the Static-99R than other offenders, largely due to their score on the detachment subscale of the Static-99R, but did not have significantly higher recidivism rates. Calibration analyses suggested that the expected and observed recidivism rates did not differ significantly. Intellectual functioning did not add incremental validity to the Static-99R. Further, there was no interaction between intellectual functioning and actuarial risk score. The results suggested that the Static-99R can be used across the range of intellectual functioning, albeit somewhat more cautiously for those at the lowest and highest end of the intellectual functioning distribution.     

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.     

Characteristics associated with rape attrition and the role played by scepticism or legal rationality by investigators and prosecutors

Abstract

This paper reports a multidimensional scaling analysis of features associated with rape attrition by identifying key aspects of the rape that are associated with loss of cases at the stages of police investigation, prosecutors’ considerations and in court. The research utilized a case-file analysis (n=105) consisting of all rapes reported to one division within a large UK urban police force by females over the age of 16 from April 1998 to April 2003. In addition, interviews were conducted with police officers and Crown Prosecutors to explore their understanding of the reasons why attrition occurs. The findings illustrate the extent to which prejudicial attitudes and legal logic influence police officers’ and solicitors’ modes of thinking and subsequently influence decisions for rape cases to proceed to court. Methodological and practical issues are considered.     

Bourdieu and Foucault: A Conceptual Integration Toward an Empirical Sociology of Prisons

Although the similarities between them are under analyzed, Pierre Bourdieu’s and Michel Foucault’s theories of culture and power are interrelated in some compelling ways. Outline of a Theory of Practice (1977) and Discipline and Punish (1979) are two of the most influential contributions in post-structural and postmodern theory. Yet, far more attention is paid to Foucault’s contributions in criminology than to Bourdieu’s. This essay brings together the work of these influential theorists to argue for a critical examination of the sociology of prisons. Bourdieu’s concepts of: (1) habitus, (2) ethos, (3) doxa, and (4) the theory of practice are related to Foucault’s ideas about (1) discipline, (2) docile bodies, (3) panopticism, and (4) history of the present by comparing specific examples from the original works. Then, the combination of those primary concepts is used to address specific methodological concerns researchers should consider when doing empirical research in prison.     

Investigating the relationship between justice‐vengeance motivations and punitive sentencing recommendations

Purpose. The present research investigated the relationship between underlying justice and vengeance motivations and sentencing recommendations made by expert clinicians, semi‐experts, and lay‐people. It was hypothesized that the semi‐experts would recommend significantly different sentence lengths from those recommended by the expert and lay‐person groups, in line with previous research findings. It was also hypothesized that justice and vengeance motivations would be related to punitive sentencing recommendations, and that these would not be the same across the three levels of expertise. Method. An independent groups design was utilized in the main analysis, with participants belonging to three distinct levels of clinical experience (experts, semi‐experts, and lay‐people). A questionnaire was administered, with participants being measured on levels of justice and vengeance motivations, and asked to recommend appropriate sentence lengths based on nine separate crime‐scenarios. These covariables were correlated and the correlation coefficients were compared across the three levels of expertise. Results. The former hypothesis was not upheld. Findings do, however, support the latter hypothesis, with the key finding indicating that for both justice and vengeance motivations in punitive judgement, it is the lay‐participants who appear distinct from the experts and semi‐experts. Conclusions. The current findings emphasize that while expert and lay‐person judgements may often appear to be the same, different processes and motivations underlying clinical judgements are occurring at the different stages of expertise. With the differences in the relationships between justice and vengeance motivations and judgements found in the current research, it is argued that expert and lay judgements that appear to be the same are, in fact, distinguishable and are related to quite different underlying motivations and decision‐making processes.     

Sexual harassment of women in athletics vs academia

Abstract

Sexual harassment at institutions of higher learning is not a new phenomenon but discussions of this problem in the sporting arena are still scarce. Many studies have focused on student-teacher relationships, few investigations have researched athlete-coach relationships, and hardly any have conducted comparative analyses. This study compares the perceptions and the experiences of sexual harassment of athletes and students. It is not a surprise that most harassing behaviors are extended from men towards women. Thus, this investigation analyses and compares female student/male teacher interactions with female athlete/male coach relations. The findings indicate that sexual harassment is slightly more prevalent in academia than in athletics. However, in order to guarantee a safe learning environment for all participants in both domains, it is necessary to formulate clear guidelines, to set up educational workshops and to implement intervention programs.     

Book reviews

Stuart M. Kaye. International Fisheries Management. Kluwer Law International, The Hague, Netherlands, 2001. 606 pp. (hard cover). $172.00

Rosalee Love. Reefscape, Joseph Henry Press, Washington D.C., 2001. 264 pp. (hard cover). $24.95

Olav Schram Stokke (ed.), Governing High Seas Fisheries: The Interplay of Global and Regional Regimes, Oxford University Press, New York, 2001. 365 pp. (hard cover). $95.00

Norman J. Vig and Michael E. Kraft (eds.). Environmental Policy: New Directions for the Twenty‐First Century. 4th ed. Congressional Quarterly Press, Washington D.C., 2000. 416 pp. (paperback). $39.95

Joseph Franke and Teresa M. Telecky. Reptiles as Pets: An Examination of the Trade in Live Reptiles in the United States. The Humane Society of the United States, Washington D.C. 2001. 146 pp. (paperback). $10     

Accepting the Bargain? An Experimental Study of Political Rights, Economic Development and Support for Government in Rural China

All governments are dependent upon a degree of political support and legitimacy. Some authoritarian countries, like Singapore and China, have staked this legitimacy on an “authoritarian bargain” in which residents exchange their political rights for economic growth and development. However, this bargain is complicated in the Chinese countryside, where rural residents have been granted a key political right – the right to participate in the election of their local leadership. In this paper, we ask whether rural residents have accepted the authoritarian bargain, and base their political support solely on economic development, or whether rural residents also consider their political rights when evaluating government. Based on an experimental study conducted in rural China, we find that rural residents place equal importance on their political rights and economic development when assessing their support for government.     

The Mujahideen in Bosnia: the foreign fighter as cosmopolitan citizen and/or terrorist

This article explores the idea of the Mujahideen in Bosnia as ‘cosmopolitan citizens’. During the Balkan War in the early 1990s, these foreign fighters flocked to Bosnia in order to take up arms alongside those whom they understood to be their besieged Muslim brethren. Although this act of transborder mobilization can be framed as an act of cosmopolitan citizenship, the subsequent ‘problem’ of the Mujahideen in a post-9/11 context destabilized their original cosmopolitan act through a re-enactment of borders and the revocation of their (literal) citizenship. Within the larger post-9/11 narrative, where the Mujahideen must necessarily be understood as terrorists/potential terrorists, they are an interesting point of study in an examination of what can be seen as the sinister side of transnational citizenship, and they expose what Appadurai (A. Appadurai, 2006. Fear of small numbers: an essay on the geography of anger. Durham: Duke University Press.) calls our ‘fear of small numbers’. Particularly compelling is that the post-9/11 Mujahid is an unsympathetic figure, and is always already a questionable candidate for ‘citizenship’ as it is commonly understood. Furthermore, his (sic) original ‘cosmopolitan’ act suggests that, although the ‘cosmopolitan ideal’ is the achievement of a citizenship that transcends or escapes borders, the cosmopolitical must nevertheless be assigned value in order to be ethically intelligible.