Native American Identity and the Limits of Cultural Defence

This article concerns itself with the phenomenon of the cultural defence as it exhibits itself in the US juridical context. Recent socio-legal discussions about this phenomenon reveal three prevalent positions: the illegality of cultural defence on constitutional grounds, the necessity of cultural defence as a matter of discretionary justice, and the intermediary position of working cultural defence into a legal doctrine. By problematizing the operative concept of culture, the author suggests that the idea of cultural defence should be understood in terms of foreignness. This suggestion is supported on the basis of the phenomenological theory of the alien (xenology). In order to illustrate the juridical limits of the cultural defence I examine the history of constructing the Native American as a cultural legal subject. Hence the question that primes this examination: is there a possibility of the traditional cultural defence for the American Indians? After a provisional answer that there is no such possibility, I conclude with the discussion of hospitality as a way to an ethically necessary and legally acceptable idea of culture.     

Intensive supervision programs: Does program philosophy and the principles of effective intervention matter?

Although traditional intensive supervision programs that have aimed at increasing control and surveillance in the community have not been shown to reduce recidivism, prior research indicates that intensive supervision programs that are based on a human service philosophy and provide treatment to offenders offer more promise. The current research examined the effectiveness of fifty-eight intensive supervision programs and sought to determine whether program philosophy and treatment integrity are associated with reductions in recidivism. The results indicated that both program philosophy and treatment integrity vary independently of one another and are related to the ability of programs to produce meaningful effects on recidivism.     

Snitching,Lies and Computer Crashes: An Experimental Investigation of Secondary Confessions

Two laboratory studies with 332 student participants investigated secondary confessions (provided by an informant instead of the suspect). Participants allegedly caused or witnessed a simulated computer crash, then were asked to give primary or secondary confessions during interrogation. Study 1 replicated the false evidence effect for primary confessions. Secondary confessions were obtained at a high rate, which was increased by false evidence in combination with incentive to confess. In Study 2 a confederate either confessed to or denied crashing the computer. Incentive increased the rate of secondary confession only in the presence of a denial; that is, incentive increased the number of false secondary confessions only. Implications for the use of incentives during informant interrogation are discussed.     

Die Europäische Bürgerinitiative – Gefährdung der Glaubwürdigkeit eines direktdemokratischen Instruments?

Mit Art 11 Abs 4 EUV idF des Vertrages von Lissabon wurde das Institut einer "Europäischen Bürgerinitiative" (EBI) vorgesehen. In dessen Ausführung hat die EU-Kommission Anfang Juni dieses Jahres den Entwurf einer Verordnung vorgelegt, der gegenwärtig im Europäischen Parlament beraten wird. Dieser Beitrag beschäftigt sich kritisch mit rechtlichen und operationalen Aspekten dieses Verordnungsentwurfes.     

The Delayed and Cumulative Consequences of Traumatic Stress: Challenges and Issues in Compensation Settings

Delayed onset posttraumatic stress disorder has been a challenging issue in medico-legal settings. Prospective studies have done much to characterise the validity of this construct and the prevalence in various populations. The delayed impact of these events places significant challenges on a plaintiff in establishing a causal link to some distal exposure. Furthermore, the literature highlights that depression is a frequent independent outcome from posttraumatic events, independent of the frequent comorbidity for posttraumatic stress disorder. To date, there has been little examination of the commonality of the underlying mechanisms of aetiology between depression and posttraumatic stress disorder. The concepts of sensitisation and kindling have been extensively discussed as underlying mechanisms relevant to a range of psychiatric disorders. This idea of increasing sensitisation of individuals who have multiple traumatic stress exposures is of critical importance to understanding the shared aetiology of major depressive disorder and posttraumatic stress disorder. Furthermore, the neural circuitry involved in these conditions particularly involves the amygdala, medial prefrontal cortex and anterior cingulate. Given the shared aetiological mechanisms, it is probable that the delays in treatment which have been demonstrated to be important factors for decreasing the probability of a full treatment response in depression are equally relevant to posttraumatic stress disorder. This raises important issues about the liability of employers particularly in the emergency services for vetting individuals where there is a foreseeable risk. A further challenge in litigation settings is the increasing body of evidence linking posttraumatic stress disorder and depression to cardiovascular disease and hypertension.     

Examining All-cause and Cause-specific Mortality among Former Prisoners in Pennsylvania

Former prisoners have a higher than expected risk of death following release from incarceration. However, little is known about the specific risk factors for post-release mortality among former prisoners. The current study uses a unique set of measures obtained from administrative records from Pennsylvania to examine demographic, custodial, behavioral, and criminal history factors that impact mortality risk following release from incarceration. Moreover, this study is the first to assess whether risk factors for post-release mortality are consistent or variable across race and ethnicity. Using data from the Pennsylvania Department of Corrections and mortality records from the Pennsylvania Department of Health we find several demographic, custodial, behavioral, and criminal history measures are related to post-release mortality risk. Moreover, while most risk factors for mortality are generally consistent across race and ethnicity, we find evidence that some custodial and criminal history factors vary by race and ethnicity.     

Prediction and job-related outcomes of procrastination in the workplace

Abstract

In the current study, we examined whether the impact of the Big Five on procrastination in an organizational context is similar to that in academic settings, and examined the role of dis-regulation of anxiety as a potential moderator of these relationships. One hundred and seven Israeli employees participated in the study. The results showed that agreeableness and conscientiousness were negatively associated with procrastination, while neuroticism was positively associated with procrastination in the workplace. Moreover, the findings supported the hypothesis that dis-regulation of anxiety moderates the relationships between personality traits and workplace procrastination. These findings suggest that the link between personality traits and workplace procrastination is not stable, is affected by different contexts, and interacts with other personality characteristics (specifically, dis-regulation of anxiety).     

Further Validation of the Test of Memory Malingering (TOMM) Trial 1 Performance Validity Index: Examination of False Positives and Convergent Validity

Assessment of performance validity is an essential part of a neuropsychological evaluation, with the inclusion of two or more performance validity tests (PVTs) becoming routine practice. Considering the time to administer multiple tests, there has been some support for use of the Test of Memory Malingering (TOMM) Trial 1 (T1) as an independent, “one and done” PVT. Notably, cutoffs for TOMM T1 need further validation, with an emphasis on minimizing false-positive classifications among those with bona fide cognitive impairment. In a clinically referred sample of 127 veterans, this study examined the role of cognitive impairment in TOMM performance and the utility of a TOMM T1 as an independent PVT. Examinees were administered the TOMM and three additional PVTs as part of a comprehensive neuropsychological battery. Sixty-eight percent of examinees were classified valid (35% of valid examinees were cognitively impaired). TOMM T1?≤?40 had excellent observed sensitivity (83%) and specificity (93%) overall, with minimal false-positive classification. TOMM T1 was also significantly correlated and concordant with other memory-based PVTs. Given score ranges and failure rates for TOMM T1?≤?40 among those with neurological/neurocognitive conditions, scores in the 37–40 range may merit administration of additional TOMM trials to maximize accuracy in identifying valid-cognitively impaired versus noncredible performance. Otherwise, an abbreviated TOMM administration (i.e., only T1) using a cutoff of ≤?40—in conjunction with one or more additional PVTs—may be sufficient for detecting noncredible/invalid test performance in the absence of known or suspected neurological/neurocognitive disorders.     

Is There a Case for Strict Liability?

In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through nonretributive penalties; and that with respect to tort liability, it is best justified as a means of defining insurance categories.