Analyzing Multiple-Item Measures of Crime and Deviance II: Tobit Regression Analysis of Transformed Scores

The purpose of this article is to inform criminological researchers about tobit regression, an alternative regression model that deserves more attention in this field. Tobit regression is intended for continuous data that are censored, or bounded at a limiting value. The tobit model may be a particularly good match to measures of self-reported offending, provided they have been transformed to reduce skewness. We present empirical analyses that evaluate the match of self-report measures to the assumptions of ordinary least square (OLS) and tobit regression models and that assess the consequences of any violations of assumptions. The analyses use a fourteen-item, self-report measure of delinquency from the Monitoring the Future study, a national survey of high school seniors. These analyses provide clear evidence that (1) transformations to reduce skewness improve the match of OLS to the data but still leave considerable discrepancies, and (2) the tobit model is well suited to the transformed measure. We conclude by assessing the purposes for which tobit offers greater and smaller advantages over OLS regression.     

Special Masters in the Pretrial Development of Big Cases: Potential and Problems

This article explores the advantages and disadvantages of referring discovery matters in complex cases to special masters. In the first section Brazil explains how the results of his earlier research into the discovery system exposed problems that the appointment of masters might help solve. He then describes the kinds of pretrial tasks and roles federal courts have assigned to special masters and the ways that using a master can expedite and rationalize the case development process. In the second half of the article, the author assesses the major objections to delegating judicial responsibilities to masters and the problems that frequent appointments might cause. Along the way, Brazil offers practical suggestions to judges about how to avoid potential difficulties and how to maximize the effectiveness of this increasingly popular procedure.     

Referring Discovery Tasks to Special Masters: Is Rule 53 a Source of Authority and Restrictions?

The author concludes that federal judges who want to appoint special masters to perform duties related to civil discovery may not look to the Federal Rules of Civil Procedure for authority to do so. By examining the historical backdrop against which the original rules were written, as well as the minutes of the proceedings of the first Advisory Committee, Brazil demonstrates that neither Rule 53 nor any other rule was designed to grant federal trial courts power to assign pretrial discovery tasks to special masters. In fact, the evidence the author marshalls shows that the original Advisory Committee explicitly rejected the idea that the Federal Rules should authorize even a limited role for special masters in connection with discovery depositions.
Finding no authority for such appointments in the Federal Rules, the author turns to the judiciary's "inherent power." Drawing principles from the seminal Supreme Court opinion in this area, Brazil infers that in some circumstances the courts' inherent authority is a sufficient premise for delegating discovery tasks to special masters. Noting that the reported cases contain no clear guidelines about when or how federal judges should use this authority in making pretrial appointments, Brazil concludes by calling for a new federal rule covering this important subject.     

Prospects for the international migration of U.S. sex offender registration and community notification laws

Sex offender registration and community notification laws have proved enormously popular in the U.S. This is so even though the avowed sexual violence preventive benefits of the laws remain largely untested and unproven; indeed, it remains an open question whether the laws actually have anti-therapeutic and criminogenic effect. This article examines why this data deficit has characterized the social and political evolution of the laws and considers the prospects for their migration to other nations.     

The use of geographic information systems as a forensic tool to investigate sources of marine mammal entanglement in fisheries

Commercial fisheries represent a significant anthropogenic threat to marine mammal survival. Causes of marine mammal mortality are commonly determined by detailed necropsies of stranded carcasses. Gross evidence of entanglement in a fishery might include gear attached to the body, internal indications of asphyxiation and trauma, or gear markings on the epidermis. As gear is often fishery-specific, wound patterns on the epidermis that are created by entanglements in fishing gear may serve to identify possible sources of mortality. For this study, tools within the Environmental Systems Research Institute, Inc. (ESRI) ArcMap GIS software were used to create maps that outline impressions that fishing gear can leave on the epidermis of entangled marine mammals. These maps can subsequently be used to identify possible sources of fishery entanglement for the many marine mammals that wash ashore without gear attached to their carcass. Entanglement wound patterns can be visually compared with fishing gear characteristics; however, differences in scale and image quality can introduce subjectivity that might hinder source identification. The technique described herein provides an objective way to outline the unique characteristics of fishing gear and their associated wounds on entangled marine mammals. Additionally, spatial relationships are preserved as the maps are adjusted to varying scales. Whereas the initial protocol required time-consuming digitization of the outline and visual determination of the pattern interface, this new, semiautomated technique saves analyst effort and minimizes error.