Developmental incompetence to stand trial in juvenile courts

Juveniles' competency to participate in delinquency proceedings has received increased attention in recent years. Developmental incompetence, whereby juveniles' incompetency is based upon their immaturity, as opposed to a mental disorder or developmental disability, is an evolving and important aspect of this area of law. The following paper reviews theories used to support the notion of developmental incompetence, as well as the extant empirical research on juveniles' competency-related abilities. Using a LexisNexis search, statutory and case laws pertaining to juvenile competency were identified across the 50 states and the District of Columbia. Only six states clearly allow developmental incompetence, whereas 17 have laws that do not include developmental immaturity as an acceptable basis of incompetence in juvenile courts. Developmental incompetence is likely to affect a relatively small proportion of juvenile cases, but has important implications for juvenile forensic practice. Recommendations are offered for forensic practitioners conducting this type of evaluation.     

Youth crime and family disruption in Canadian municipalities: An adaptation of Shaw and McKay’s social disorganization theory

Using an adaptation of Shaw and McKay’s (1942) theory, the present study examined the effects of social disorganization and family disruption on youth crime. Based on data from 483 Canadian municipalities, the results revealed that low income, mobility and ethnic heterogeneity had the expected positive effects on youth crime, particularly in municipalities with smaller population and lower prevalence of low income. The effect of single parenthood was positive as expected whereas that of divorce was unexpectedly negative. The findings suggest the importance to specify the conditions for the effect of social disorganization and differentiate the effects of divorce and single parenthood. The unexpected negative effect also raises the possibility of divorce as law mobilization, thus underscoring the roles of planning and legal intervention in social disorganization. In terms of policies, the findings suggest early intervention for social disorganization, support for single-parent families, and the incorporation of divorcees in productive activities.     

The analytical foundations of extortionate terrorism

Extortionate terrorism is the threatened use of terrorist acts to gain concessions from the victim. In this article, game theory is used to seek answers to the following questions: (a) When will people resort to extortionate terrorism? (b) When will extortionate terrorism succeed and when will it fail? (c) What constitutes an “optimal” threat, i.e., what bribes, extortion, ransom, or payoff should be asked in exchange for which hostages or property? (d) When should unsuccessful threats be carried out and when should they be abandoned? (e) How should a victim choose among potential responses to specific terrorist threats and to the general problem of terrorism? Two different game theoretic models of terrorism are examined— one using ordinal preferences, the other von Neumann‐Mor‐genstern utilities. Terrorism is considered not simply as isolated incidents; institutions are potential victims of repeated terrorism. The terrorist and the victim, in formulating a response to each incident, are guided not only by present gains and losses, but by the effect their response has on others’ perception of their credibility and resolve—two long‐run variables.     

Counteracting Identity Fraud in the Information Age: The Identity Theft and Assumption Deterrence Act

The advent of the information age has created new challenges to the ability of individuals to protect the privacy and security of their personal information. One such challenge is that of identity theft, which has imposed countless hardships upon its victims. Perpetrators of this fraud use the identities of others to steal money, obtain loans, and generally violate the law. The Identity Theft and Assumption Deterrence Act of 1998 makes the theft of personal information with the intent to commit an unlawful act a federal crime in the United States with penalties of up to 15 years imprisonment and a maximum fine of $250,000. The Act designates the Federal Trade Commission to serve as an advocate for victims of identity fraud. This article first examines the problem of identity fraud and the inadequacy of existing remedies, and then assesses the need for and likely impact of the Act, as well as issues relating to the effectiveness of its future enforcement.