The Journey to Comprehensibility: Court Forms as the First Barrier to Accessing Justice

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The article explores the comprehensibility of court forms by providing a quantitative overview...     

Fledgling Psychopathic Features and Pathological Delinquency: New Evidence

Fledgling psychopathy is a construct that has proven useful in organizing the nomological network of conduct problems and psychopathology in children and adolescents. Drawing on data from an institutionalized sample of delinquents (n?=?252), the current study compared ADHD, CD, and ADHD+CD youth on psychopathic personality features and their association with pathological delinquency. Youths with ADHD+CD were significantly more psychopathic than their peers. Although callousness, unemotionality, and remorselessness are generally theorized to define the fledgling psychopathic youth, ROC-AUC models found that thrillseeking and impulsiveness were the strongest classification variables for delinquency and violent delinquency at the 90th percentiles. Implications for research and practice with antisocial youth are proffered.     

Criminal epidemiology and the immigrant paradox: Intergenerational discontinuity in violence and antisocial behavior among immigrants

Purpose

A growing number of studies have examined the immigrant paradox with respect to antisocial behavior and crime in the United States. However, there remains a need for a comprehensive examination of the intergenerational nature of violence and antisocial behavior among immigrants using population-based samples.

Methods

The present study, employing data from Wave I and II data of the National Epidemiologic Survey of Alcohol and Related Conditions (NESARC), sought to address these gaps by examining the prevalence of nonviolent criminal and violent antisocial behavior among first, second, and third-generation immigrants and compare these to the prevalence found among non-immigrants and each other in the United States.

Results

There is clear evidence of an intergenerational severity-based gradient in the relationship between immigrant status and antisocial behavior and crime. The protective effect of nativity is far-and-away strongest among first-generation immigrants, attenuates substantially among second-generation immigrants, and essentially disappears among third-generation immigrants. These patterns were also stable across gender.

Conclusion

The present study is among the first to examine the intergenerational nature of antisocial behavior and crime among immigrants using population-based samples. Results provide robust evidence that nativity as a protective factor for immigrants wanes with each successive generation.     

Foundation for a temperament-based theory of antisocial behavior and criminal justice system involvement

Background

Temperament has been shown to be associated with behavior for millennia but has not been explicitly used in a theory of crime.

Methods

This state-of-the-art review incorporates theory and research from over 300 studies from developmental psychology, psychiatry, genetics, neuroscience, and criminology to introduce a temperament-based theory of antisocial conduct with criminal justice system implications.

Findings

Two temperamental constructs—effortful control and negative emotionality—are significantly predictive of self-regulation deficits and behavioral problems in infancy, in toddlerhood, in childhood, in adolescence, and across adulthood.

Conclusion

Unlike other theories that focus merely on explaining problem behaviors, our temperament approach also explains negative and aversive interactions with criminal justice system practitioners and associated maladjustment or noncompliance with the criminal justice system. A program of research is also offered to examine and test the theory.     

Clinical forensic examination findings and legal outcome in cases of suspected physical child abuse

Clinical forensic examinations performed at the Institute of Legal Medicine of the Hanover Medical School between 1999 and 2008 in cases of suspected physical abuse of children were analyzed retrospectively with special emphasis on the legal consequences. Altogether, 192 children (85 girls, 107 boys) with a median age of 4.4 years were examined. In 47 cases (24.5 %), the clinical forensic examination findings were interpreted as accidental injuries, birth traumas or unspecific findings. 29 victims (20.0 %) had suffered a shaken baby syndrome. Only part of the presented cases ended with conviction, which was more likely if the victims were aged between 7 and 11 years. Prison terms of 2 years and more were imposed only if the child suffered potentially or acute life-threatening injuries or if additional anogenital lesions were diagnosed indicating sexual child abuse.     

Say cheese! Privacy and facial recognition

The popular social networking site, Facebook, recently launched a facial recognition tool to help users tag photographs they uploaded to Facebook. This generated significant controversy, arising as much as anything, from the company’s failure to adequately inform users of this new service and to explain how the technology works.The incident illustrates the sensitivity of facial recognition technology and the potential conflict with data privacy laws. However, facial recognition has been around for some time and is used by businesses and public organisations for a variety of purposes – primarily in relation to law enforcement, border control, photo editing and social networking. There are also indications that the technology could be used by commercial entities for marketing purposes in the future.This article considers the technology, its practical applications and the manner in which European data protection laws regulate its use. In particular, how much control should we have over our own image? What uses of this technology are, and are not, acceptable? Ultimately, does European data protection law provide an adequate framework for this technology? Is it a framework which protects the privacy of individuals without unduly constraining the development of innovative and beneficial applications and business models?