A New U.S.-Colombian Relationship: Transnational Crime and U.S. National Security

To fight transnational crime, the United States needs to strengthen its cooperation with Colombia. This initiative, according to the authors, will not only be cost-effective for the United States, it will also signal U.S. willingness to work “by, with and through” other states, and may make possible an expanded regional framework to act against the criminal cartels.     

Differences in Neuropsychological Functioning Between Homicidal and Nonviolent Schizophrenia Samples

Few studies have compared performance on neurocognitive measures between violent and nonviolent schizophrenia samples. A better understanding of neurocognitive dysfunction in violent individuals with schizophrenia could increase the efficacy of violence reduction strategies and aid in risk assessment and adjudication processes. This study aimed to compare neuropsychological performance between 25 homicide offenders with schizophrenia and 25 nonviolent schizophrenia controls. The groups were matched for age, race, sex, and handedness. Independent t‐tests and Mann–Whitney U‐tests were used to compare the schizophrenia groups’ performance on measures of cognition, including composite scores assessing domain level functioning and individual neuropsychological tests. Results indicated the violent schizophrenia group performed worse on measures of memory and executive functioning, and the Intellectual Functioning composite score, when compared to the nonviolent schizophrenia sample. These findings replicate previous research documenting neuropsychological deficits specific to violent individuals with schizophrenia and support research implicating fronto‐limbic dysfunction among violent offenders with schizophrenia.     

A 21st Century Developmentally Appropriate Juvenile Probation Approach

Principles of adolescent development have accelerated positive changes to the juvenile justice system. These changes have been most pronounced in reducing reliance on incarceration and in approaches to sentencing of youth tried as adults. While juvenile probation has made some developmentally friendly adjustments, it remains an area that is fertile for reform. Many of the principles and goals in this paper have been endorsed by the National Council of Juvenile and Family Court Judges (NCJFCJ), which “supports and is committed to juvenile probation systems that conform to the latest knowledge of adolescent development and adolescent brain science,” and which “recommends that courts cease imposing ‘conditions of probation’ and instead support probation departments’ developing, with families and youth, individualized case plans that set expectations and goals.” 1 NCJFCJ's July, 2017 resolution in support of developmentally appropriate juvenile probation services built on earlier NCJFCJ policies. From the time NCJFCJ adopted Juvenile Delinquency Guidelines in 2005, those policies have grown increasingly robust. 2     

Parents’ Perspectives on Family‐centered Care in Juvenile Justice Institutions

Family‐centered care during adolescent detention aims to increase parental participation in an attempt to optimize treatment outcomes. However, little is known about parents’ needs in family‐centered care. To fill this gap, we interviewed 19 purposefully selected parents of detained adolescents using a semi‐structured topic list. Although needs differed between parents, they were generally interested in activities that included spending time with their child. It is important for parents to receive timely information about their child's condition and treatment, detention procedures, and activities in the facility. The outcomes demonstrated that parents expected a two‐way communication based on respect and reliability.     

All part of the process? A qualitative examination of change in online child pornography behaviors

Over the past two decades, there has been increased attention on offending behaviors and motivations of child pornography offenders (CPOs). Although existing research has provided a knowledgeable foundation in regard to this offending subpopulation, the literature has been relatively limited on examining changes in offender behaviors and motivations. This study used interviews with 25 online CPOs in a southern state to identify themes underlying offending behaviors and motives at onset, as well as, continuation of offending over time. We found that offenders reported various circumstances (ranging from intentional to unintentional) and motivations (including thrill-seeking and attraction) at onset; however, CPOs reported thrill-seeking and attraction to be the most common factors driving their continued offending. We applied these themes to the existing literature on child pornography offending and recommended directions for future research. Based on our findings, we offered considerations for the treatment of CPOs.     

The United Kingdom Right to Request as a Model for Flexible Work in the European Union

Flexible work, the practice of giving employees some control over their working time, can transform the modern workplace. Once the province of scattered national legislation, the European Union is now considering the inclusion of flextime rights in the Working Time Directive (WTD), the leading EU legislation related to work time. In this article, we propose that the European Commission should adopt a right to request flexible work as part of the WTD. Adoption of the right to request flexible work would significantly alleviate the challenges employees face in maintaining work–life balance. The right to request flexible work can also provide benefits to employers by increasing employee loyalty and productivity. Finally, adoption of the right to request flexible work into the WTD would improve the overall effectiveness of the EU's employment law framework in an increasingly fast‐paced and competitive society.     

The Special Case Thesis and the Dual Nature of Law

In this article, I take up two arguments in favor of the discursive model of legal argumentation: the claim to correctness argument and the dual nature thesis. The argument of correctness implies the dual nature thesis, and the dual nature thesis implies a nonpositivistic concept of law. The nonpositivistic concept of law comprises five ideas. One of them is the special case thesis. The special case thesis says that positivistic elements, that is, statutes, precedents, and prevailing doctrines, are necessary for law in order to achieve legal certainty. Without this, law would not be as perfect as it could possibly be. But it says, at the same time, that this alone would not be enough to fulfill the claim to correctness. The claim to correctness refers not only to the real dimension of law, defined by statutes, precedents, and prevailing doctrines, but also to its ideal dimension, defined, first and foremost, by justice. The special case thesis is my oldest thesis. It has remained an essential element of my system over the years. Its connection with four other theses—the Radbruch formula, the human rights thesis, the idea of deliberative democracy, and principles theory—does not change this at all. On the contrary, this connection has lent greater strength to the special case thesis.     

Race,Crime, and Criminal Justice

Fifty years ago, the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson did not frequently mention race and ethnicity in its discussion of and recommendations for the criminal justice system, but it did have a lot to say about race and crime. Through the use of arrest rates to measure racial differentials in criminal involvement, the Commission concluded that Blacks commit more crime as a consequence of Black people living in greater numbers in criminogenic “slum” conditions. To address racial differences, the Commission favored the Great Society programs of Johnson's War on Poverty. Contemporary criminologists continue to debate the racial distribution of crime, the causes of crimes, and the best policies to reduce crime and racial differentials. The Commission did not anticipate the current debate among scholars regarding how much racial disproportionality exists in the criminal justice system and its causes and consequences. The policies that led to mass incarceration have been significant drivers of continued criminal justice racial disparity. Those policies are inconsistent with the recommendation in The Challenge of Crime in a Free Society (1967), upending the pursuit of a more fair and just system.     

Panel on the Economic and Political Consequences of Chernobyl'

This article summarizes a discussion by a panel of leading experts on Soviet energy analyzing the consequences of the accident at the Chernobyl' nuclear plant in the Ukraine on April 26, 1986.

The near-term economic costs associated with clean-up, relocation, and compensating for losses to electricity supplies are significant but manageable. The longer-term effects will focus on likely modifications in Soviet strategies for the nuclear industry, which may shift emphasis back towards conventional fuels and conservation.

The political consequences were managed fairly well by the leadership. Consistent with Secretary Gorbachev's policy of glasnost' (openness) more information has been available on this event than was the case in previous analogous situations. Journal of Economic Literature, Classification Numbers: 027, 124, 723.