Good intentions and a great divide: Having babies by intending them

Conclusion Thus, there is a compelling policy argument as well as a suggestive constitutional argument that the practice of selling parental rights in general, and in particular the practice of commercial surrogacy, should not be permitted. These arguments favor the approach adopted in New York State as opposed to any more latitudinarian approach that would permit commercial surrogacy. Clearly, if the payment of money in exchange for parental rights should be prohibited, then we have a strong basis on which to reject the intentionalist theory, along with any other theory tht would link the parentage of a child with the payment of money. This conclusion is in no way undermined by the various arguments recited in part V above that favor the intentionalist theory since, as we have seen, these arguments are flawed.The author wishes to thank Gareth Matthews, Alan F. McMichael and John A. Robertson for their extremely valuable comments on earlier drafts of this article and to thank Sharon Rogers for her exceptional and unstinting editorial assistance.     

Latent profiles among sexual assault survivors: understanding survivors and their assault experiences

Little guidance exists about how to tailor empowerment and resistance sexual assault programming to be responsive to varying groups of women. Using an investigation of 415 college women who completed a self-administered survey about a range of sexually aggressive experiences by a known male assailant, this investigation tested for distinct multivariate profiles of contextual factors among sexually assaulted women to discern how these factors may differentially combine to influence women's vulnerability to sexual assault. We applied latent profile analysis (LPA) to determine meaningful subgroups of women based on interrelationships among factors that contextualize women's vulnerability to sexual assault, including prior victimization, alcohol consumption, relationship expectancies of the assailant, and assertive precautionary habits. LPA established four significantly distinct multivariate profiles of substantively different groups of women. Group difference tests reinforced the findings and aided in group profile interpretations. Implications for the development of tailored resistance and empowerment programs are discussed.     

A validated method for the analysis of cannabinoids in post-mortem blood using liquid-liquid extraction and two-dimensional gas chromatography-mass spectrometry

Phenazepam is a long-acting benzodiazepine that, unlike other benzodiazepines, is currently not scheduled as a narcotic in Finland, most other European countries or the USA. It is used as an anxiolytic, sedative-hypnotic and anti-epileptic, mainly in Russia. In Finland, as well as in some other countries, an increase in the unauthorized use of phenazepam has been observed in recent years. In the one year period between July 1, 2010 and June 30, 2011 the prevalence of phenazepam in Finland was assessed among drivers apprehended for driving under the influence of drugs (DUID), in medico-legal autopsy cases and in police confiscations of illicit drugs. In DUID cases an LC-MS/MS method preceded by solid phase extraction was used for the determination of phenazepam. In the post-mortem investigations the sample preparation consisted of liquid-liquid extraction followed by derivatization and the determination was carried out by GC-MS. The police confiscations were analysed by GC-MS. There were 141 positive phenazepam cases among apprehended drivers, representing approximately 3.5% of all confirmed drug cases (n=4007) in this time period. The median (range) phenazepam blood concentration in DUID cases was 0.061 mg/L (0.004-3.600 mg/L). The median phenazepam concentration in cases with no concomitant stimulant use was significantly higher than the overall median concentration. Phenazepam was found in 17 medico-legal autopsy cases and the median (range) blood concentration was 0.048 mg/L (0.007-1.600 mg/L). Phenazepam was not considered by the medico-legal team to be the sole cause of death in any of the cases, the majority of them being accidental opiod overdoses. There were 26 seizures of phenazepam by the Police in the time period studied, some of the batches consisted of a mixture of phenazepam and stimulant designer drugs. The data show that phenazepam abuse is a widespread phenomenon in Finland. A typical user was a male multi-drug user in his 30s. The concentration range of phenazepam among apprehended drivers and medico-legal autopsy cases was wide and the drug was usually found along with other psychoactive drugs. Therefore, although it seems likely that phenazepam contributed to impairment of driving in some DUID cases, the extent of its effect remains unclear and further studies are needed to define the concentrations causing impairment and toxicity.     

Psychological profile of male and female animal abusers

This study had three purposes: to explore psychological characteristics of animal abusers (criminal thinking styles, empathy, and personality traits), to replicate previously reported results (past illegal actions, bullying behavior), and to examine potential gender differences. The self-reported animal abuser group was 29 college students who reported two or more incidents of animal abuse; controls were 29 college students matched on age and gender. Participants completed self-report measures of criminal thinking, illegal behaviors, bullying, empathy, and the five-factor personality traits. Results indicated animal abusers had more previous criminal behaviors, were more likely to bully, and had the highest scores on the power orientation criminal thinking scale. Abuser by gender interactions were detected; female animal abusers scored significantly higher on several measures of criminal thinking, were found to be more likely to bully, and exhibited lower scores on measures of perspective taking and empathy compared to female controls.     

Hate crimes on campus: racial/ethnic diversity and campus safety

Colleges and universities across the US have prioritized minority enrollments in their recruitment strategies, but theories offer to possible outcomes of increasing diversity on campus-increased racial harmony or increased racial tension. This study examines the impact of racial diversity on the reported number of hate crimes that occur on campus. Findings suggest that those schools that are most successful in recruiting the hardest to recruit minorities (Black and Latino students) report fewer hate crimes on campus. Implications for campus climate and racial dynamics on campus, as well as future research, are discussed.     

The intersection of race and gender: an examination of sentencing outcomes in North Carolina

This study examines the intersection of offenders’ race and gender in the sentencing process using data on felony cases sentenced in North Carolina. Analyses examine the likelihood that charges were reduced in severity between initial filing and conviction, the likelihood of imprisonment, and the length of sentence imposed, and test whether race affects punishment similarly for men and women. Results indicate that status characteristics predict both reductions in charge severity and the severity of the final sentence, and that racial disparity is conditional on gender. However, the results are not entirely consistent with predictions derived from the extant literature. Gender significantly predicts case outcomes at each stage, but black men were not uniformly disadvantaged, and black women received the least severe treatment in two out of four analyses. Theoretical implications for the intersection of race and gender in sentencing theories are discussed.     

The relationship between investigative interviewing experience and open-ended question usage

We present three studies examining the role of prior job experience in interviewing and interviewers' ability to learn open-ended questions during a training program. We predicted a negative relationship such that more experienced interviewers would perform worse after training than less experienced interviewers, and that (irrespective of baseline performance) the more experienced interviewers would improve the least during training. These predictions were made for two reasons. First, specific questions are commonly used in the workplace (i.e. open-ended questioning constitutes new learning). Second, experience in the use of specific questions potentially interferes with newly learned open-ended questions. Overall, our predictions were supported across different participant samples (including police officers specialized in child abuse investigation and social workers from the child protection area), time delays, and modes of training. The results highlight the need for investment in ongoing investigative interviewing training commencing early during professionals' careers, prior to the establishment of long-term habits in the use of specific questions.     

Child protection as surveillance of African American families

The over-representation of black children in US out of home care results from racial bias in placement decisions and a political choice to address startling rates of child poverty by investigating parents instead of tackling poverty's societal roots. The impact of state disruption and supervision of African American families is intensified when it is concentrated in inner-city neighbourhoods – the system's ‘racial geography.’ A small case study of a black neighbourhood in Chicago with high rates of out of home placement found profound effects on both family and community social relationships, as well as reliance on child protective services for financial assistance, linking surveillance of black families to the neoliberal shrinking of public programmes. The surveillance of African American women by the child welfare system is also intensified by these women's disproportionate involvement in the prison system. Acknowledging racial bias in child welfare reveals the need to radically transform the system from one that relies too much on punitive disruption of families to one that generously supports them.     

Loss of Innocence in Common Law Presumptions

This review article of Stumer (The presumption of innocence: evidential and human rights perspectives. Hart Publishing, Oxford, 2010) explores the concept, normative foundations and institutional implications of the presumption of innocence in English law. Through critical engagement with Stumer’s methodological assumptions and normative arguments, it highlights the narrowness of common lawyers’ traditional conceptions of the presumption of innocence. Picking up the threads of previous work, it also contributes to on-going debates about the legitimacy of reverse onus clauses and their compatibility with European human rights law and general principles of criminal jurisprudence.