Police referral to victim support: the predictive and diagnostic value of the RISK (10) screening instrument

One of the basic rights of crime victims granted under victim-orientated legislation introduced during the last 20 years in more than 100 countries worldwide is the right to be referred to victim support by the police. The under-utilization of psychological services by crime victims who are objectively in need of external support is substantial. Current legal procedures tend to perpetuate this unwanted condition. Programs aimed at the early detection and prevention of persistent postvictimization distress are more in line with the ideals of therapeutic jurisprudence. The RISK (10) screening instrument, which was specifically developed to be administered by police officers, may provide a basis for early detection. RISK (10) consists of a selection of 10 Risk factors with prior empirical evidence and theoretical significance. The focus of the present study was to examine the predictive and diagnostic power of RISK (10) components to detect persistent future psychological distress, among other things, in terms of Adjustment Disorder. Analyses were based on a sample of 93 crime victims who participated in the police and (3 months) follow-up parts of the study. Findings provided initial validation for the predictive accuracy of most RISK (10) components, and confirm the diagnostic value (in terms of specificity, sensitivity, positive and negative predictive power) of risk factors, such as engaging in character attributions, upward comparison processes, fatalistic appraisals of the episode, and the initial reporting of expected deficiencies in social support. The clinical utility of RISK (10) for early detection in police stations is confirmed.     

Power Dynamics in an Experimental Game

We introduce a new experimental method for studying power. Drawing from multiple theoretical perspectives, we conceptualize power as relational and structural, as well as comprised of different forms through which basic human needs can be met. Thus, the method we introduce examines how, when faced with a particular need, people use multiple forms of power concurrently and within a “field of influence,” namely, the other players in a game. This enabled us to examine how one form of power is transformed into another and how power is transferred from one player to another through interaction, as well as to measure power as behavior, as the exercise of choice, as potential, and as outcomes. Two experiments using egalitarian start conditions and a survivable ecology demonstrated that participants used power to gain more power, creating inequality. Being the target of force made some players unable to “survive” in the local ecology. Theoretical and methodological issues in the study of power are discussed and the application of our game method to the study of power in other fields is considered.     

An Economic Analysis of State and Individual Responsibility Under International Law

The international law of state responsibility determines whenstates are liable for international law violations. States aregenerally liable when they have control over the actions ofwrongdoers; thus, the actions of state officials can implicatestate responsibility whereas the acts of private citizens usuallydo not. We argue that the rules of state responsibility havean economic logic similar to that of vicarious liability indomestic law: the law in both cases provides third parties withincentives to control the behavior of wrongdoers whom they canmonitor and influence. We also discuss international legal remediesand individual liability under international criminal law.     

The sociology of the sociology of law: A view from economics

The sociology of law appears to be a weak field in the United States, in comparison to other indisciplinary fields of legal study, notably economic analysis of law. Although American legal sociologists have done important empirical work, particularly on the litigation process and on the legal profession, the focus of American sociology of law has been narrow, theoretically limited, and, empirically, limited in both scope and method. These deficiencies may reflect the methodological limitations of Max Weber, the most influential figure in the history of sociology in general and sociology of law in particular. The failure of legal sociologists to borrow theoretical and empirical tools from sociologically minded economists such as Gary Becker is especially regrettable, and may be due to inaccurate perceptions of the political valence of economic analysis of law, sociology's traditional skepticism about the knowledge claims of other disciplines, professional envy, and misunderstanding of the economists' conception of rational choice.     

An economic theory of intentional torts

The topic of intentional torts is, at first glance, an unpromising one for economics. ‘Intent’ is not a normal part of the economist's vocabulary and does not appear to correspond to any concept in economics. Perhaps this is why there is so little economic writing on intentional torts as such.¹ We shall argue, however, that the concept of intentional tort can be given a coherent economic meaning and we shall try to show that the common law treatment of intentional torts can be explained on the hypothesis that the common law attempts to promote efficiency.     

The Estelle medical professional judgment standard: the right of those in state custody to receive high-cost medical treatments.

This Article discusses the rights of prisoners, pretrial detainees, and the involuntarily committed to receive high-cost medical treatments. More specifically, the Article analyzes U.S. Supreme Court and lower court case law dealing with the medical care rights of those in state custody and argues that, under a proper understanding of this case law, the financial considerations of states should play no role in determining the rights of these people to receive high-cost medical care. Finally, the Article defends the current medical care standard against various critiques.