MEDIATION AND DOMESTIC VIOLENCE

This article summarizes policies and procedures used by various courts in the United States in responding to domestic violence. Over 200 courts and services were contacted under a grant from the State Justice Institute in developing this survey. The article covers the profile of mediation services, mediator training regarding domestic violence, screening for domestic violence and protocols used.     

Intoxicated eyewitnesses: Better than their reputation?

According to law enforcement, many witnesses are intoxicated either at the time of the crime, the interview, or both (Evans et al., Public Policy Law 15(3):194-221, 2009). However, no study to date has examined whether intoxicated witnesses' recall is different from sober witnesses' and whether they are more vulnerable to misinformation using an ecologically valid experimental design. Intoxicated, placebo, and sober witnesses observed a live, staged theft, overheard subsequent misinformation about the theft, and took part in an investigative interview. Participants generally believed they witnessed a real crime and experienced a real interview. Intoxicated witnesses were not different from placebo or sober witnesses in the number of accurate details, inaccurate details, or "don't know" answers reported. All the participants demonstrated a misinformation effect, but there were no differences between intoxication levels: Intoxicated participants were not more susceptible to misinformation than sober or placebo participants. Results are discussed in the light of their theoretical and applied relevance.     

Racially Restrictive Covenants—Were They Dignity Takings?

Racially restrictive covenants—subdivision rules or neighborhood agreements that “run with the land” to bar sales of rentals by minority members—were common and legally enforceable in the United States in the first half of the twentieth century. In spite of their demeaning character, these racial covenants took away opportunities from excluded minorities, rather than things, and thus they amounted to something less than the dramatic “dignity takings” that Bernadette Atuahene (2014) describes in her new book on dignity takings in South Africa. In this article, I explore some significant ways in which racially restrictive covenants differed from dignity takings as Atuahene defines them, as well as the shadowy similarities between racial covenants and Atuahene's dignity takings; I focus here on the dimensions of dehumanization, state involvement, and property takings. I conclude with a discussion of remedies, particularly considering measures that restore dignity through both public policies and private actions.     

Short-Term Forces and Partisanship

One of the most intriguing aspects of the debate regarding the persistence of party identification is that proponents of different schools of thought have each managed to use the same quasi-experimental data and similar state of the art techniques to defend their point of view. In this article we argue that this debate cannot be resolved with quasi-experimental data alone and propose another method that we believe can help us triangulate in on the correct answer: experimentation. Two experiments are performed and analyzed. The first tests the hypothesis that party identification is updated in response to the vote choice; the second tests the hypothesis that candidate evaluations influence party choices. The results of our experiments provide some additional support for the traditional conception of partisanship as the unmoved mover of American politics.     

Recent Developments

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

The relationship between corporate governance characteristics and credit risk exposure in banks: implications for financial regulation

This article analyses board structures in listed Danish banks in the years prior to the financial crisis by exploring the relationship between corporate governance characteristics and credit risk exposure. The article presents a novel approach as it relies on a newly developed risk metric entitled the “Supervision Diamond” introduced by the Danish FSA, which “external” board directors must address. It contains five thresholds for measuring a bank’s exposure to credit risks i.e. the proportion of large customers, lending growth, the ratio of lending/deposits, liquidity buffer and the proportion of real estate loans. By employing quantitative governance variables the article finds that increased executive director remuneration is associated with increased credit risk posed by the bank’s borrowers. On the other hand, increasing the number of executive/“inside” directors is associated with a lower credit risk exposure. It is argued that more “inside” directors on the executive board constitutes a stronger “checks and balance” system. The article also documents that the probability of obtaining state capital from the Danish credit bailout package is negatively related to larger boards as well as higher executive director remuneration. The policy implication is that financial authorities should be increasingly aware of insufficient corporate governance characteristics in order to prevent excessive credit risk exposure. Moreover, the article provides important insights on which corporate governance variables have a significant impact on a bank’s credit risk exposure. This knowledge is valuable for financial authorities/policy makers considering future regulatory initiatives and how they should administer bank monitoring.     

The effect of digital technology on prisoner behavior and reoffending: a natural stepped-wedge design

Objectives

Although prisons aspire to rehabilitate offenders, they fail to prepare prisoners for release into our modern digitally sophisticated society. The objectives of the current study were to assess the impact of digital technology on the culture of prisons, and on prisoners’ ability to self-manage their behavior and reoffending.

Method

Using a natural stepped-wedge design, 13 prisons in the UK were examined that had installed self-service technology over a period of 7 years. A longitudinal multi-level model was used to analyze frequencies of disciplinary proceedings within and between the prisons before and after installation. Reoffending was examined in comparison with a control sample. Quantitative results were supported by a prisoner survey and usage data.

Results

Prison disciplinary offenses were significantly reduced over a two-year period, and reoffending in the first year after release was reduced by 5.36% compared to a 0.78% reduction in comparison prisons. The prisoner survey and usage data suggested that prisoners felt much more in control of their lives in prison and much more confident in coping with technology in the outside world.

Conclusions

The changes created by the introduction of digital technology offer the opportunity to make prisons more efficient for staff, and places of improved learning and rehabilitation for prisoners, contributing to a safer society. This study offers an important contribution to the field of corrections, providing the first quantitative assessment of the effect of prisoner self-service technology on prisoner behavior and reoffending.

     

History of interpersonal violence, abuse, and nonvictimization trauma and severity of psychiatric symptoms among children in outpatient psychiatric treatment

In a clinical sample of child psychiatry outpatients, chart review data were collected for 114 consecutive admissions over a 1-year period at a Child and Adolescent Outpatient Psychiatry Clinic. Data included history of documented maltreatment, potentially traumatic domestic or community violence, neglect or emotional abuse, and noninterpersonal stressors as well as demographics, psychiatric diagnoses, and parent-rated child emotional and disruptive behavior problems. On a bivariate and multivariate basis, any past exposure to interpersonal violence-but not to noninterpersonal traumas-was related to more severe disruptive behavior problems, independent of the effects of demographics and psychiatric diagnoses. Noninterpersonal trauma and psychiatric diagnoses were associated with emotional problems; exposure to interpersonal violence appeared to partially account for this relationship despite not being independently associated with emotional problem severity. History of exposure to interpersonal violence warrants clinical and research attention as a severity marker and potential treatment focus in psychiatric outpatient services for children, particularly those with disruptive behavior problems.