Accountability in the Regulatory State

Accountability has long been both a key theme and a key problem in constitutional scholarship. The centrality of the accountability debates in contemporary political and legal discourse is a product of the difficulty of balancing the autonomy given to those exercising public power with appropriate control. The traditional mechanisms of accountability to Parliament and to the courts are problematic because in a complex administrative state, characterized by widespread delegation of discretion to actors located far from the centre of government, the conception of centralized responsibility upon which traditional accountability mechanisms are based is often fictional. The problems of accountability have been made manifest by the transformations wrought on public administration by the new public management (NPM) revolution which have further fragmented the public sector. In this article it is argued that if public lawyers are to be reconciled to these changes then it will be through recognizing the potential for additional or extended mechanisms of accountability in supplementing or displacing traditional accountability functions. The article identifies and develops two such extended accountability models: interdependence and redundancy     

Predicting Sex Offender Recidivism. I. Correcting for Item Overselection and Accuracy Overestimation in Scale Development. II. Sampling Error-Induced Attenuation of Predictive Validity Over Base Rate Information

The authors demonstrate a statistical bootstrapping method for obtaining unbiased item selection and predictive validity estimates from a scale development sample, using data (N = 256) of Epperson et al. [2003 Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) technical paper: Development, validation, and recommended risk level cut scores. Retrieved November 18, 2006 from Iowa State University Department of Psychology web site: http://www.psychology.iastate.edu/ approximately dle/mnsost_download.htm] from which the Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) was developed. Validity (area under receiver operating characteristic curve) reported by Epperson et al. was .77 with 16 items selected. The present analysis yielded an asymptotically unbiased estimator AUC = .58. The present article also focused on the degree to which sampling error renders estimated cutting scores (appropriate to local [varying] recidivism base rates) nonoptimal, so that the long-run performance (measured by correct fraction, the total proportion of correct classifications) of these estimated cutting scores is poor, when they are applied to their parent populations (having assumed values for AUC and recidivism rate). This was investigated by Monte Carlo simulation over a range of AUC and recidivism rate values. Results indicate that, except for the AUC values higher than have ever been cross-validated, in combination with recidivism base rates severalfold higher than the literature average [Hanson and Morton-Bourgon, 2004, Predictors of sexual recidivism: An updated meta-analysis. (User report 2004-02.). Ottawa: Public Safety and Emergency Preparedness Canada], the user of an instrument similar in performance to the MnSOST-R cannot expect to achieve correct fraction performance notably in excess of what is achievable from knowing the population recidivism rate alone. The authors discuss the legal implications of their findings for procedural and substantive due process in relation to state sexually violent person commitment statutes and the Supreme Court's Kansas v. Hendricks decision regarding the constitutionality of such statutes.     

Child maltreatment profiles and adjustment problems in high-risk adolescents

The purpose of this article is to identify profiles of maltreatment experiences in a sample of high-risk adolescents and to investigate the relationship between the derived profiles and psychological adjustment. Participants are 1,131 youth between the ages of 12 and 18 years involved with publicly funded mental health and social services. Information on physical, sexual, and emotional maltreatment and psychological symptoms are obtained in interviews with adolescents and their primary caregivers. Using latent profile analysis, three maltreatment profiles are identified: "sexual+physical+emotional maltreatment," "physical+emotional maltreatment," and "low maltreatment." Adolescents in the two maltreatment profiles generally have significantly higher scores on symptom scales compared with those in the "low maltreatment" profile, but scores in the two maltreatment profiles do not differ. Findings highlight the need for agencies to identify and provide appropriate intervention for youth who experience multiple types of maltreatment.     

Testing the three- and four-factor models of the Korean version PCL-R as predictors of two antisocial outcomes – recidivism and risk

Psychopathy has consistently been associated with antisocial outcomes. The three- and four-factor models have been best fitted to data relating to Korean serious offenders (N?=?451), offering construct validity of the Korean Psychopathy Checklist-Revised (PCL-R). However, no study has yet tested the predictive power of the Korean PCL-R to explain two different types of antisocial outcomes: (1) risk of inmates measured by correctional officers during incarceration and (2) recidivism after release. By exploring these two forms of antisociality, here we sought to establish the predictive and construct validities of the Korean version of PCL-R. We found that the deviant lifestyle (Factor 3) performed best for predicting both antisocial forms (risk and recidivism) and that the deficits in interpersonal (Factor 1) and affective (Factor 2) abilities also uniquely predicted one subtype of risk, which suggests the three-factor model is better than the four-factor model in predictions. These findings will be useful for criminal justice experts and practitioners in Korea.     

Judges’ Perceptions of Screening,Assessment, Prevention,and Treatment for Substance Use, Mental Health,and HIV among Juveniles on Community Supervision: Results of a National Survey

Juvenile Justice‐Translational Research on Interventions for Adolescents in the Legal System (JJ‐TRIALS) National Survey was funded in part to describe the current status of screening, assessment, prevention and treatment for substance use, mental health, and HIV for youth on community supervision within the US juvenile justice system. Surveys were administered to community supervision agencies and their primary behavioral healthcare providers, as well as the juvenile or family court judge with the largest caseload of youth on community supervision. This article presents the findings from the judges’ survey. Survey results indicated juvenile and family court judges were open to innovations for improving the court's performance, rated their relationships with collaborators highly, and appreciated the impact of screening, assessment, prevention, and treatment on judicial practices.     

Food security and secure food in the Anthropocene

Delinquency in middle class areas (and why it is low) has been a neglected topic in criminology. The book by Singer [1] advances knowledge about this topic, focussing on Amherst (NY), but also comparing it with the high crime area of Newark (NJ). The book discusses various community and neighborhood factors that might have contributed to the low crime rate in Amherst, but also emphasizes the importance of parenting and juvenile justice processing. The book highlights the need for more research on community/neighborhood effects on offending after controlling for individual and family factors. It also highlights the need for more research on self-reported delinquency versus court processing of middle class versus lower class youth, and on possible juvenile justice system biases after controlling for characteristics of offenses and offenders. Its main policy implications are that more programs and opportunities are needed for youth in lower class areas, there should be more efforts to increase collective efficacy in these areas, and juvenile court processing should be minimized as much as possible.     

Disentangling the Impact of Female Victimization Across Racial and Ethnic Lines

Men and women experience violent victimization at comparable rates. Yet, women are more likely to experience intimate partner violence, sexual violence, and stalking, as well as witness the victimization of others more often than their male counterparts. Victimization is a leading predictor of subsequent criminal behavior, and the threat of victimization or witnessing the harm of another is also a significant strain. Using the Project on Human Development in Chicago Neighborhoods data, this study examines how Black, Latina, and White female youth uniquely experience and respond to direct and vicarious victimization. The outcomes provide insight into the different ways Black, Latina, and White young women experience victimization, respond emotionally to victimization, as well as criminally cope with victimization. Findings suggest there are significant differences in vicarious victimization experiences, but not direct victimization experiences, between Black, Latina, and White female youth. Furthermore, victimization experiences do impact the likelihood of young women’s offending differently depending on their race or ethnicity. And finally, bootstrapped mediation analyses reveal negative emotions differentially impact the relationship between victimization and offending for Black, Latina, and White female youth. Thus, while there are similarities between young women’s experiences, this study highlights there are also many differences. Therefore, a one-size-fits-all approach cannot address the complexities of violent victimization. Without considering these differences, we risk further victimizing our most vulnerable populations. This study, and research like it, are needed to better combat violence against, as well as craft responses to and provide services for, female victims of all colors.