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.     

Personality,socioeconomics and crime: An international comparison

Abstract

Data from 37 countries were collected that permitted exploratory analysis of national profiles in terms of personality dimensions: psychoticism (P); extraversion (E); and neuroticism (N) and four socioeconomic indices: gross domestic product (GDP); human development index (HDI); economic growth (EG); and family size (FS) and their relationship to rates of criminal activity. Findings indicated that the socioeconomic indicators did correlate with national crime patterns. High crime nations were more likely to be the richer, industrialised countries having smalles average family size. Personality variables proved more elusive. P surprisingly was not correlated with incidence of crime rather E appeared mast closely linked to rate and type of crime. Findings are discussed in terms of measurement error and possible explanatory mechanisms.     

Weihaiwei

Japan is an international giant in economic and industrial terms but remains an insular nation in some other respects, perhaps as a result of a tendency towards requiring its politicians to build a high level of consensus on issues where attitudes and opinions are strongly polarised. The Liberal Democratic Party returned to power in the December 2012 general election, committed to kick-starting the economy with more aggressive spending and monetary policies; there is also speculation that it may prove a more nationalistic government at a time of greater tension in the Japan/China relationship, although so far it is pursuing pragmatism rather than confrontation     

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.