The use of multiple informants to assess children's maltreatment experiences

Most researchers rely exclusively on the reports of protective service workers to determine children's abuse history. In this report, information about children's maltreatment experiences is obtained from protective service workers and three supplementary sources of data: parents, medical records, and clinical observations. Fifty-six children from 34 families receiving protective services for verified reports of physical abuse, neglect, sexual abuse, and/or emotional maltreatment participated in the study, with most children known to have experienced more than one type of abuse. The supplementary data provided important information about the range and severity of children's maltreatment experiences. Review of the parent and medical record data led to identification of 28 children who had additional types of maltreatment experiences that were not reported by their protective services workers—nine cases of physical abuse, two cases of neglect, five cases of sexual abuse, and 12 cases of emotional maltreatment. Supplementary data also revealed information about incidents of specific types of abuse that were more severe than those reported by the children's protective service workers in an additional 24 cases. A method was devised to synthesize information provided from the different sources of data examined in this report to derive 0–4 point ratings of four categories of maltreatment experiences: (1) physical abuse, (3) neglect, (3) sexual abuse, and (4) emotional maltreatment. The Kappa reliability coefficients for each of these scales were .88, .73, .83, and .90, respectively. Data demonstrating the relationship between these maltreatment ratings and various indices of the children's socioemotional and cognitive functioning were also presented to provide preliminary support for the validity of these scales. The findings from this study suggest that multiple sources of data should be examined in order to obtain accurate assessments of children's maltreatment experiences, and that independent raters can synthesize discrepant data to obtain reliable and valid estimates of children's abuse history. Clinical and methodological issues relevant to the improved assessment of children's maltreatment experiences are also discussed.     

Beyond Punishment: The Penal State's Interventionist,Covert, and Negligent Modalities of Control

This article investigates the involvement of the penal state in the lives of criminalized people as a controlling force that takes multiple forms. We offer the concept of modalities of penal control and identify three such modalities in addition to expressive punishment: interventionist penal control is accomplished in extralegal ways; covert penal control is hidden from public view; and negligent penal control is characterized by the absence of action by state actors. This article illustrates empirical cases of each modality, using data from three distinct projects based in Chicago, southern Wisconsin, and nationwide. The data include observations of post‐prison groups and homes, interviews with criminalized people and nongovernmental organizational (NGO) staff, statutes, and regulations. This expanded understanding of penal state involvement extends beyond the understanding that characterizes discussions of mass incarceration and highlights the need for comprehensive reform.     

Mourners in the Court: Victims in Death Penalty Trials,through the Lens of Performance

This article presents findings from ethnographic research in death penalty trials around the United States, focusing on the role of victims and their supporters. Victim impact testimony (VIT) in death penalty sentencing has received intense legal scrutiny during the past thirty years. The ruling jurisprudence allows VIT with the explanation that it deserves parity with testimony about the defendant's background. Drawing on observations and interviews with participants in 15 death penalty trials, I demonstrate that this framing confuses the central role of victim supporters in the courtroom. Victim supporters function as mourners, which grants them a socially elevated position in the courtroom. I argue that the consequences of the institutionalization of VIT can only be understood through this lens.     

The expert witness. Neither Frye nor Daubert solved the problem: what can be done?

Flawed expert scientific testimony has compromised truth finding in American litigation, including in medical malpractice and in product liability cases. The Federal Rules of Evidence and the Supreme Court in Daubert and other cases have established standards for testimony that include reliability and relevance, and established judges as gatekeepers. However, because of lack of understanding of scientific issues, judges have problems with this role, and juries have difficulties with scientific evidence. Professionals and the judiciary have made some advances, but a better system involving the court's use of neutral experts and a mechanism to hold experts accountable for improprieties is needed.     

Military frameworks: technological know-how and the legitimization of warfare

It is the elusive target of policymakers, ethicists and military strategists: the target of a ‘just war’. Since the advent of precision-guided munitions in the mid-1970s, commentators claimed that surgical-strike technology would advance the cause of jus in bello, ending the longstanding tension between effective military engagement and morality. Today, many policymakers accept that the ethical dilemmas that arise in the ‘fog of war’ can be negotiated by the technical precision of weaponry. This is, at best, only partially accurate. At worst, its misplaced optimism risks numbing the moral sense of strategists and, just as importantly, the sensibilities of the general populace. We argue that the development of precision guided munitions (PGM), stand-off weaponry and military robotics may force policymakers and strategists to experience new ethical tensions with an unprecedented sensitivity and may require them to make specific policy adjustments. In the move toward more quantitative approaches to political science and international affairs it is often forgotten that military ethics, and the ethics of military technologies, turn on the question of human judgment. We argue that the ethical implications of revolution in military affairs (RMA) are best investigated by way of a detailed discussion of the tenuous relationship between ethical decision-making and the workings of military technology.     

Preventing juvenile sexual offending through parental monitoring: a comparison study of youth’s experiences of supervision

ABSTRACT

The parental monitoring literature has long observed a link between parental monitoring and juvenile antisocial behaviour. This study extends this line of research to juveniles who commit sexual abuse. The present study investigates whether juvenile reports of parental monitoring differ between juvenile sexual offenders (n?=?338), juvenile delinquents (n?=?346), and non-incarcerated juvenile controls (n?=?256). Results indicate that both incarcerated groups reported significantly less parental knowledge compared to juvenile controls. Further, both juvenile sexual offenders and juvenile controls reported significantly more parental control compared to juvenile delinquents. With regard to parental solicitation, the results were mixed for sexual offenders. They reported high levels of solicitation for some items (e.g. what the youth was doing, who they were with), and lower levels for other items (e.g. where the youth was, whether an adult would be present). When repeating these analyses with the exclusion of non-parent caregivers, a similar pattern of results emerged; however, item-level analyses revealed that parents of juvenile delinquents reported certain types of solicitation and control behaviours more frequently (e.g. asked where the youth was going, made sure the rules were followed) compared to findings from the main sample. Potential explanations for these findings as well as practical implications for prevention are discussed.     

The Expert Witness. Neither Frey nor Daubert Solved the Problem. What Can Be Done?

Expert testimony flawed by intent or ignorance, has compromised truth finding in American litigation, including in medical malpractice and in product liability cases, where scientific evidence is at issue. The Federal Rules of Evidence and the Supreme Court in Daubert and its progeny have established standards for testimony that include reliability and relevance, and established judges as gatekeepers. However, because of lack of understanding of scientific issues, judges have problems with this role, and juries have even more problems in sorting out scientific evidence. Professionals and the judiciary have made some advances in solving some of these problems, but a better system involving the court's use of neutral experts and a mechanism to hold experts accountable for improprieties is needed.     

Flaws in the U.S. Food and Drug Administration's rationale for supporting the development and approval of BiDil as a treatment for heart failure only in black patients

The U.S. Food and Drug Administration's (FDA) rationale for supporting the development and approval of BiDil (a combination of hydralazine hydrochloride and isosorbide dinitrate; H-I) for heart failure specifically in black patients was based on under-powered, post hoc subgroup analyses of two relatively old trials (V-HeFT I and II), which were further complicated by substantial covariate imbalances between racial groups. Indeed, the only statistically significant difference observed between black and white patients was found without any adjustment for potential confounders in samples that were unlikely to have been adequately randomized. Meanwhile, because the accepted baseline therapy for heart failure has substantially improved since these trials took place, their results cannot be combined with data from the more recent trial (A-HeFT) amongst black patients alone. There is therefore little scientific evidence to support the approval of BiDil only for use in black patients, and the FDA's rationale fails to consider the ethical consequences of recognizing racial categories as valid markers of innate biological difference, and permitting the development of group-specific therapies that are subject to commercial incentives rather than scientific evidence or therapeutic imperatives. This paper reviews the limitations in the scientific evidence used to support the approval of BiDil only for use in black patients; calls for further analysis of the V-HeFT I and II data which might clarify whether responses to H-I vary by race; and evaluates the consequences of commercial incentives to develop racialized medicines. We recommend that the FDA revise the procedures they use to examine applications for race-based therapies to ensure that these are based on robust scientific claims and do not undermine the aims of the 1992 Revitalization Act.