Rational choice attitudinalism?

This essay reviews Epstein, Landes, and Posner’s The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. Their book systematically asks how the role of ideology varies across the tiers of the federal judicial hierarchy. A major finding is that the impact of ideology increases from the bottom to the top of the judicial hierarchy. Their typical methodology formulates an ex ante measure of judicial ideology such as the political party of the appointing president, and demonstrates that this measure correlates with later judicial behavior, often voting on case dispositions. Along the way, they investigate a multitude of topics, including some quite under‐explored ones. We argue that ELP’s theory is only weakly connected to their empirical practice, for the latter focuses on the role of ideology in judging while the former says almost nothing about that relationship. In fact, though, their empirical practice does embed a theory of law and ideology, but one quite different from that suggested by the book’s rhetoric. In the penultimate section of the essay, we explore this disconnection between ELP’s theory, practice, and interpretation. Its origin (we argue) lies in an extremely thin conceptualization of law. We conclude with the issue posed in ELP’s final chapter, “The Way Forward,” but suggest a rather different path.     

Laser desorption/ionization time-of-flight mass spectrometry of triacylglycerols and other components in fingermark samples

The chemical composition of fingermarks could potentially be important for determining investigative leads, placing individuals at the time of a crime, and has applications as biomarkers of disease. Fingermark samples containing triacylglycerols (TAGs) and other components were analyzed using laser desorption/ionization (LDI) time-of-flight mass spectrometry (TOF MS). Only LDI appeared to be useful for this application while conventional matrix-assisted LDI-TOF MS was not. Tandem MS was used to identify/confirm selected TAGs. A limited gender comparison, based on a simple t-distribution and peaks intensities, indicated that two TAGs showed gender specificity at the 95% confidence level and two others at 97.5% confidence. Because gender-related TAGs differences were most often close to the standard deviation of the measurements, the majority of the TAGs showed no gender specificity. Thus, LDI-TOF MS is not a reliable indicator of gender based on fingermark analysis. Cosmetic ingredients present in some samples were identified.     

Substance use among African American adolescents in the Midwest

The purpose of this article is to examine the attitudes and substance use behaviors of African American adolescents living in the Midwest. A baseline survey was administered to 463 African American teens between the ages of 11-19. The article examines the relationship between attitudes toward drugs and drug-using behavior in this African American sample. Drug use will be compared to national drug use norms established by the Youth Risk Behavior Surveillance Survey. Overall participants had fairly negative attitudes toward drugs. Sixty percent of the sample reported that they were committed to a drug-free life, 74% had made a decision to stay away from marijuana, 79% reported making a decision not to smoke cigarettes, and 71% reported they would not get drunk in the next year. Females were more likely to stay away from marijuana than males. In this current study there is cause for alarm; participants reported higher percentages of ever smoking cigarettes and marijuana than the Youth Risk Behavior Surveillance Survey. This study shows there is a need to provide substance abuse prevention programs for African American adolescents. Limitations and future directions are also discussed.     

Developing and Validating a New Classroom Climate Observation Assessment Tool

The climate of school classrooms, shaped by a combination of teacher practices and peer processes, is an important determinant for children's psychosocial functioning and is a primary factor affecting bullying and victimization. Given that there are relatively few theoretically-grounded and validated assessment tools designed to measure the social climate of classrooms, our research team developed an observation tool through participatory action research (PAR). This article details how the assessment tool was designed and preliminarily validated in 18 third-, fourth-, and fifth-grade classrooms in a large urban public school district. The goals of this study are to illustrate the feasibility of a PAR paradigm in measurement development, ascertain the psychometric properties of the assessment tool, and determine associations with different indices of classroom levels of relational and physical aggression.     

Activity Fields and the Dynamics of Crime

Our current understanding of the role of the social environment in crime causation is at best rudimentary. Guided by the theoretical framework of Situational Action Theory, and using data from the ESRC financed Peterborough Adolescent and Young Adult Development Study (PADS+), this paper aims to propose how we can better theorise and study the role of the social environment, particularly the person and place interaction, in crime causation. We will introduce, and illustrate the usefulness of, a space–time budget methodology as a means of capturing people’s exposure to settings and describing their activity fields. We will suggest and demonstrate that, combined with a small area community survey and psychometric measures of individual characteristics, a space–time budget is a powerful tool for advancing our knowledge about the role of the social environment, and its interaction with people’s crime propensity, in crime causation. Our unique data allows us to study the convergence in time and space of crime propensity, criminogenic exposure and crime events. As far as we are aware, such an analysis has never before been carried out. The findings show that there are (a) clear associations between young people’s activity fields and their exposure to criminogenic settings, (b) clear associations between their exposure to criminogenic settings and their crime involvement, and, crucially, (c) that the influence of criminogenic exposure depends on a person’s crime propensity. Having a crime-averse morality and strong ability to exercise self-control appears to make young people practically situationally immune to the influences of criminogenic settings, while having a crime-prone morality and poor ability to exercise self-control appears to make young people situationally vulnerable to the influences of criminogenic settings.     

Opting Out: The Role of Identity,Capital, and Agency in Prison Visitation

An emerging body of research suggests that prison visitation has implications for better understanding inmate institutional and post-release behavior, but not all inmates receive visits. The goal of the current study is to document barriers to visitation from the inmate perspective and describe the perspectives of those who receive very few or no visits. We also describe how inmate perceptions of visits impacts the way one does time and negotiates subsequent visitation. Using data from qualitative interviews, we find evidence that inmates make willful decisions when negotiating prison visits that are guided by one’s sense of self and further colored by the perceived social and economic strain on families. Our results challenge the perception of a universally positive visitation experience, and introduce the role of inmate choice in selecting into and out of prison visits.     

Sperm elution: An improved two phase recovery method for sexual assault samples

This report describes the validation of a two phase cell recovery technique for the elution of two common cell types, epithelia and spermatozoa, from frequently examined items submitted as part of sexual assault casework. Furthermore, separation of cell types prior to microscopic examination of cell pellets improves the scientist's confidence in observing and scoring spermatozoa that may be present. During the validation, Orchid Cellmark's Sperm Elution© method consistently recovered a greater number of spermatozoa from simulated sexual assault items and swabs taken following consensual sexual intercourse compared to a water extraction technique. On average the Sperm Elution method recovered over twice the number of spermatozoa compared to the water method. The ability to separate the cell types present allows a rapid microscope slide search for spermatozoa and faster DNA extraction protocol in comparison to Cellmark's previous preferential method.     

Comparison of methods for visualizing blood on dark surfaces

Difficulties can arise when screening dark casework items for blood, a poor contrast between blood and the background can mean stains are not always evident. Typical indirect searching methods can be time consuming and may result in potentially important bloodstains being missed. Luminol, fluorescein, hydrogen peroxide, ultraviolet light and infrared photography were tested in an effort to find a rapid and efficient blood search tool for direct application to dark surfaces. Methods were compared in their sensitivity, specificity, ability to work on various surface types and their effect on DNA extraction and typing. Along with experimental results, the ease of use, costs and the health and safety considerations were also compared. Hydrogen peroxide was determined to be the most effective method. However, where blood was likely to be dilute, luminol was proposed due its greater sensitivity.     

Sentencing in child sexual assault cases: factors influencing judicial decision-making

Abstract

To date, there has been limited examination of variables that influence sentencing in child sexual abuse cases. This study examines the extent to which offence characteristics (such as the number of offences, number and age of victims), the behaviour and perceived credibility of the victim impact upon both sentence length and the setting of earliest parole dates. Analyses conducted using data from 66 adjudicated cases of child sexual assault from the County Court of Victoria, Australia revealed that longer sentences were handed down to offenders who had perpetrated multiple offences, or who had committed offences against younger children. Lower levels of victim credibility were associated with shorter sentences and earlier parole dates for offenders, which were also associated with the presence of more harmful behavioural indicators of abuse. The findings are discussed regarding the importance of presenting evidence about the behaviour of victims following sexual abuse in criminal trials.     

Is homelessness a housing problem?

Abstract

Homeless people have been found to exhibit high levels of personal disability (mental illness, substance abuse), extreme degrees of social estrangement, and deep poverty. Each of these conditions poses unique housing problems, which are discussed here. In the 1980s, the number of poor people has increased and the supply of low‐income housing has dwindled; these trends provide the background against which the homelessness problem has unfolded. Homelessness is indeed a housing problem, first and foremost, but the characteristics of the homeless are such as to make their housing problems atypical.