Use of the MMPI-2 Restructured Clinical (RC) Scales in Detecting Criminal Malingering

The purpose of the present study was to assess the effects of criminal malingering on the MMPI-2 Restructured Clinical (RC) scales. Sixty undergraduate students were given the MMPI-2 twice. One administration was conducted according to the MMPI-2 manual, and the other was given with a special set of malingering instructions specific to a prison setting. The two MMPI-2 profiles for each participant were scored for both the Basic and RC scales. Eight participants were eliminated from the data analysis due to validity (VRIN or TRIN) concerns. Data from the remaining 52 participants were analyzed using a 2 × 2 repeated measures ANOVA. Results showed that, as expected, the participants achieved higher MMPI-2 scores in the malingering condition. Also, participants achieved higher scores overall on the Basic scales and a significant interaction showed that participants achieved higher scores on the Basic Scales in the malingering condition than on the RC scales in that condition. These results supported prior research, indicating that malingerers produce elevated RC profiles. However, the present results also suggest that the Basic scales may be more effective in actually detecting malingerers, mainly due to the much lower ceiling on the RC scaled scores. Further implications of these findings for research and clinical work are also discussed.     

Effects of Hurricane Katrina and Other Adverse Life Events on Adolescent Female Offenders: A Test of General Strain Theory

This study tested Agnew's General Strain Theory (GST) by examining the roles of anger, anxiety, and maladaptive coping in mediating the relationship between strain and three outcomes (serious delinquency, minor delinquency, and continued involvement in the juvenile justice system) among adolescent female offenders (N = 261). Strains consisted of adverse life events and exposure to Hurricane Katrina. Greater exposure to Hurricane Katrina was directly related to serious delinquency and maladaptive coping. Hurricane Katrina also had an indirect effect on minor delinquency and Post-Katrina juvenile justice involvement mediated through maladaptive coping. Adverse life events were associated with increased anger, anxiety, and maladaptive coping. Anger mediated the relationship between adverse life events and serious delinquency. Anxiety mediated the relationship between adverse life events and minor delinquency. Maladaptive coping strategies were associated with minor delinquency and juvenile justice involvement. Findings lend support to GST.     

Exploring gender differences in dating violence/harassment prevention programming in middle schools: results from a randomized experiment

In this study, we randomly assigned 123 sixth and seventh grade classrooms from seven middle schools in the greater Cleveland area to one of two five-session curricula addressing gender violence/sexual harassment (GV/SH) or to a no-treatment control group. A baseline survey and two follow-up surveys were administered immediately after the treatment (Wave 2) and about six months post-treatment (Wave 3). In an earlier paper, we demonstrated the effectiveness of two approaches to youth GV/SH prevention programming (a fact-based, law and justice curriculum and an interaction-based curriculum). In this paper, we explored whether these largely positive findings remain for both girls and boys, including whether girls experience higher levels of GV/SH than boys. Most of our statistical models proved to be non-statistically significant. However, in 2 of our 48 victimization/perpetration (any violence, sexual violence and non-sexual violence) models (across two post-intervention follow-up points), we observed that the interventions reduced peer (male or female, non-dating partner) sexual violence victimization and reduced peer perpetration, but another outcome model indicated that the interventions increased dating perpetration. These mixed findings will need to be explored further in future research. Regarding our primary research question, we observed no statistically significant differences for the treatment multiplied by gender interaction terms for any of the perpetration or victimization outcome models, suggesting that the treatment had similar effects on girls and boys. However, we did observe that boys are more involved in violence than girls: both as victims and perpetrators. Boys experienced significantly more of three types of victimization from peers and dating partners compared to what girls experienced at the hands of their peers and dating partners. As perpetrators, boys committed more sexual victimization against peers (immediately post-intervention only) and more sexual victimization against dating partners than girls. The implications of these results are discussed.     

Scanning Electron Microscopy–Energy‐Dispersive X‐Ray (SEM/EDX): A Rapid Diagnostic Tool to Aid the Identification of Burnt Bone and Contested Cremains

This study investigates the use of Scanning electron microscopy–energy‐dispersive X‐ray (SEM‐EDX) as a diagnostic tool for the determination of the osseous origin of samples subjected to different temperatures. Sheep (Ovis aries) ribs of two experimental groups (fleshed and defleshed) were burned at temperatures of between 100°C and 1100°C in 100°C increments and subsequently analyzed with the SEM‐EDX to determine the atomic percentage of present elements. Three‐factor ANOVA analysis showed that neither the exposure temperature, nor whether the burning occurred with or without soft tissue present had any significant influence on the bone's overall elemental makeup (p > 0.05). The Ca/P ratio remained in the osseous typical range of between 1.6 and 2.58 in all analyzed samples. This demonstrates that even faced with high temperatures, the overall gross elemental content and atomic percentage of elements in bone remain stable, creating a unique “fingerprint” for osseous material, even after exposure to extreme conditions.     

Gender in the Context of Same‐Sex Divorce and Relationship Dissolution

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships.     

A new method for the recovery and evidential comparison of footwear impressions using 3D structured light scanning

Footwear impressions are one of the most common forms of evidence to be found at a crime scene, and can potentially offer the investigator a wealth of intelligence. Our aim is to highlight a new and improved technique for the recovery of footwear impressions, using three-dimensional structured light scanning. Results from this preliminary study demonstrate that this new approach is non-destructive, safe to use and is fast, reliable and accurate. Further, since this is a digital method, there is also the option of digital comparison between items of footwear and footwear impressions, and an increased ability to share recovered footwear impressions between forensic staff thus speeding up the investigation.     

Sir/St. Thomas More on the US Constitution: ‘More Perfect’ is not Utopian

Sir Thomas More was a politician, statesman, visionary humanist, and a friend of Erasmus, Colet, and Henry VIII. His most famous literary work is Utopia, a word coined based on the Greek for ‘no place’. Its influence has been enormous, inspiring social thinkers as diverse as Rousseau and B. F. Skinner. Using the principles More seemed to advocate, this article addresses the question: ‘What would he have thought of the Constitution of the United States had he lived to read it and experience life under its aegis?’ Much of what the Americans have done he would appreciate, much he would deplore. He would appreciate the federal nature of government, the elective nature of the legislature, and the freedom granted to citizens. He would have deplored slavery based on race and applauded the 13th Amendment. He would have looked askance at the role of the president and the necessity for a military. In sum, if we can believe that what he wrote in Utopia reflects his attitudes correctly, Thomas More’s would be a mixed verdict on American republicanism.     

The United States naval blockade of Iraq: a foreign policy and international law analysis

This is the second of a two part essay by Commander Rosen into the causes of the Iraqi invasion of Kuwait, the modern law of blockade, the political wisdom and the lawfulness of imposing a limited blockade of Iraq. Defects in the current regime of blockade were explored.

In part II, Commander Rosen closely explores the legal justification for the U.S. use of force in response to the Iraqi invasion of Kuwait. It is frequently overlooked that the U.S. naval blockade (it was called a “naval interdiction”) was a U.S.-only operation from August 12th until August 25, 1990. As a pedagogical exercise, this period is extremely important because the U.S. use of force (by its naval units), in response to a written request by deposed Emir of Kuwait, must be justified under the U.N. Charter to be proper under international law. Once the U.N. Security Council authorized the use of force on August 25, 1990 to enforce the U.N. embargo, then the operation became one in which the U.N., as a corporate body, was acting. Since most low intensity conflicts since 1945, have involved lawful use of force issues outside of Security Council purview, the U.S. unilateral military action (blockade) against Iraqi shipping must be analyzed. It is reasonable to anticipate that future controversies of this sort will occur because of philosophic divisions among the U.N. Security Council permanent members or because there is anaequate time for the U.N. “Security Council to meet and obtain the forces required to insert into a region of conflict. Resurrection of the moribund U.N. Military Staff Committee might be one of the lessons learned from this particular episode.

The United States had the benefit of a U.N. resolution on August 25, 1990 to justify its naval action. Before that date, the legal issue arises whether, in the early stages, national self-defense grounds permitted the use of force against Iraq (blockade) since deprivation of assured access to critical materials (oil) can be considered an act of aggression under some theories of international law. Commander Rosen concludes that the low intensity blockade was probably not authorized, under a theory of national self-defense, because the U.S. had no hard evidence on August 12, 1990 (the day the blockade commenced) that Saddam Hussein would deprive the U.S. of access to Gulf Oil supplies. But, because of the pervasive interdepencies of world economies, world food supplies, and petroleum access, the case was extremely close.

The customary international law of intervention (protection of nationals or humanitarian) and the law of collective self-defense was explored relative to the U.S. imposition of a limited naval blockade. Commander Rosen concludes that intervention theory will not support the limited naval blockade since there was insufficient evidence that U.S. citizens were in imminent danger (as in Grenada) and the blockade operation was too limited and indirect in scope to produce the type of rapid results which have come to be associated with a humanitarian intervention (as in the Congo). But, since Kuwait’s territorial sovereignty had been grossly violated as a result of illegal aggression, Kuwait was privileged under the U.N. Charter to request and receive defense assistance from the United States under Article 51 to recover lost territory. Arguments that the right to act in collective self-defense under Article 51 is limited to the nation which itself is attacked (or a nation closely aligned with the victim) are rejected as contrary to the U.N. norms of promoting community resistance to illegal aggression.

While the Persian Gulf dispute has resulted in open hostilities, international law issues existed whether, in the early stages, the blockade was militarily necessary and whether the blockade could be extended to the Jordanian port of Aqaba, because of conflicting reports as to Jordan’s adherence with the U.N. embargo, were explored. International law would probably not support an extension of the blockade to Aqaba because it would be seen an improper interference with Jordan’s neutrality. Similarly, forbidding the passage of U.N. medical and food convoys into Iraq was seen as a breach of international law provided such shipments were specifically authorized and supervised by the U.N. security council (to ensure that the food was only distributed to civilians).     

Analysing the application of Brussels I in regulating e-commerce jurisdiction in the European Union – Success,deficiencies and proposed changes

This article analyses the regulatory framework of e-commerce jurisdiction in the European Union (EU). Firstly, it discusses and analyses the current regime under the Brussels Regulation, highlighting its success in consumer protection and the deficiencies for e-commerce jurisdiction, which need to be addressed. Secondly, the article compares the EU regime with that of the United States (US). It is argued that the US courts follow uncertain and distinct approaches compared to the clear rules of the Brussels Regulation. Their present approach of minimum contacts analysis as followed in the Yahoo! case poses problems for a transnational EU litigant in similar cases. Thirdly, the article examines the recent proposals adopted by the European Commission to remedy the deficiencies in the Regulation. The most important change proposed is the inclusion of third-state defendants within its ambit. It is argued that the changes to be adopted by the European Parliament are insufficient, and the author therefore provides recommendations. Lastly, the article highlights the inability of the proposed changes to address the deficiencies identified by the discussion.