A testable theory of problem solving courts: Avoiding past empirical and legal failures

Recent years have seen a proliferation of problem solving courts designed to rehabilitate certain classes of offenders and thereby resolve the underlying problems that led to their court involvement in the first place. Some commentators have reacted positively to these courts, considering them an extension of the philosophy and logic of Therapeutic Jurisprudence, but others show concern that the discourse surrounding these specialty courts has not examined their process or outcomes critically enough. This paper examines that criticism from historical and social scientific perspectives. The analysis culminates in a model that describes how offenders are likely to respond to the process as they engage in problem solving court programs and the ways in which those courts might impact subsequent offender conduct. This Therapeutic Jurisprudence model of problem solving courts draws heavily on social cognitive psychology and more specifically on theories of procedural justice, motivation, and anticipated emotion to offer an explanation of how offenders respond to these programs. We offer this model as a lens through which social scientists can begin to address the concern that there is not enough critical analysis of the process and outcome of these courts. Applying this model to specialty courts constitutes an important step in critically examining the contribution of problem solving courts.     

Judicial Review Without Rights: Some Problems for the Democratic Legitimacy of Structural Judicial Review

This article addresses an issue overlooked in most of the literatureon judicial review: the legitimacy of judicial review of a constitution'sfederal and structural provisions. Debates about the legitimacyof judicial review—at least as conducted throughout theCommonwealth—are usually focussed on rights. These debatesappear to assume that the power of courts like the AustralianHigh Court and the Canadian Supreme Court to interpret and enforcefederal and structural provisions is unproblematic. This articletests that assumption and concludes that those who hold democracy-basedobjections to constitutional rights should seriously reconsider,and perhaps oppose, federal and structural judicial review aswell.     

Community Participation in Restorative Justice: Rituals,Reintegration, and Quasi-Professionalization

Abstract

Community has long been identified as the key third party in restorative justice processes. However, when it comes to both theorizing community in restorative justice and the actual practice of community participation, conceptual clarity is lacking. A careful reading of the sociological literature on restorative justice and community point to two main reasons why we want to encourage community participation: the creation of effective ritual and offender reintegration. In this article, we present findings from an empirical study of conferencing. We explore varieties of community participation and discuss the benefits and tensions that arise when community participation becomes a formalized element of a mainstream restorative justice practice.     

The Relationship Between Parents’ Intimate Partner Victimization and Youths’ Adolescent Relationship Abuse

Witnessing inter-parental intimate partner violence has been found to be associated with adolescents’ own relationship abuse. This study investigates the relationship between patterns of inter-parental intimate partner verbal and physical violence victimization reported by parents and their children’s reports of dating abuse experiences and behavior. Latent class analysis was performed on a sample of 610 parents (42% male and 67% white) and their dating adolescent children (ages 12–21 years; 52% male). Parents reported five types of victimization by their partners in the past year, while youth concurrently reported their own victimization and perpetration within their dating relationships. Three profiles of parents’ intimate partner victimization were related to youth relationship abuse experiences and behaviors. Children of parents who experienced verbal abuse were more likely to experience similar patterns in their own relationships, whereas children of parents who report physical and verbal abuse were more likely to report psychological, physical and sexual abusive encounters in their partnerships. Findings indicate that parents’ relationship quality and abusive behaviors may have a long lasting effect on their children as they enter mid and late adolescence. Parents should pay attention to their own relationship quality and behavior even as their teen-age children gain independence.     

Technocracy and democracy as spheres of justice in public policy

There is a long-standing debate about the proper application of democratic versus technocratic approaches to decision-making in public policy. This paper seeks to clarify the debate by applying Michael Walzer’s notion of “spheres of justice,” wherein both democracy and technocracy could be seen as distinctive approaches to justice that need to be protected from the domination of the other. The paper shows how the debate on democracy versus technocracy has evolved in both theoretical and applied settings in a manner that reflects the “domination” of one approach by the other. It elaborates the argument through several concrete examples drawn from comparative politics, public policy, and public management. It then explores how the “spheres” approach implies the need for an interpretive mechanism in order to mediate the competing notions of justice in particular policy issues.     

COVID-19 and the policy sciences: initial reactions and perspectives

Policy Sciences - The world is in the grip of a crisis that stands unprecedented in living memory. The COVID-19 pandemic is urgent, global in scale, and massive in impacts. Following Harold D....     

Co-Occurring Internalizing and Externalizing Behavioral Problems: The Mediating Effect of Negative Self-Concept

While a large body of research consistently finds that internalizing and externalizing problems are closely related and commonly co-occur, the literature is mixed regarding the unique and shared risk processes in the development of both domains of problems. The present study examined the nature and timing of relationships between internalizing and externalizing problems as well as the mediating effects of negative self-concept on both. Using a developmental cascade model as a guiding framework, we conducted a cross-lagged panel modeling on a sample of 2,844 Korean fourth graders (54% boys and 46% girls) followed over 4 years. Findings suggest that internalizing and externalizing problems were reciprocally reinforcing, each leading to increases in the other indirectly through the mediating influence of negative self-concept. Negative self-concept exacerbates the development of both internalizing and externalizing problems, which in turn further undermines one's self-concept. Although there were significant gender differences in the stability of internalizing and externalizing problems, the developmental pathways between negative self-concept and both internalizing and externalizing problems held for both boys and girls. Implications for future research and intervention are discussed.     

Canine Population Data Generated from a Multiplex STR Kit for Use in Forensic Casework*

Abstract: Canine biological specimens are often part of the physical evidence from crime scenes. Until now, there have been no validated canine‐specific forensic reagent kits available. A multiplex genotyping system, comprising 18 short tandem repeats (STRs) and a sex‐linked zinc finger locus for gender determination, was developed for generating population genetic data assessing the weight of canine forensic DNA profiles. Allele frequencies were estimated for 236 pedigreed and 431 mixed breed dogs residing in the U.S. Average random match probability is 1 in 2 × 10³³ using the regional database and 1 in 4 × 10³⁹ using the breed dataset. Each pedigreed population was genetically distinct and could be differentiated from the mixed breed dog population but genetic variation was not significantly correlated with geographic transition. Results herein support the use of the allele frequency data with the canine STR multiplex for conveying the significance of identity testing for forensic casework, parentage testing, and breed assignments.     

Texas Population Substructure and Its Impact on Estimating the Rarity of Y STR Haplotypes from DNA Evidence*

Abstract: Three sampled populations of unrelated males—African American, Caucasian, and Hispanic, all from Texas—were typed for 16 Y short tandem repeat (STR) markers using the AmpFlSTR^® Yfiler^TM kit. These samples also were typed previously for the 13 core CODIS autosomal STR loci. Most of the 16 marker haplotypes (2478 out of 2551 distinct haplotypes) were observed only once in the data sets. Haplotype diversities were 99.88%, 99.89%, and 99.87% for the African American, Caucasian, and Hispanic sample populations, respectively. F_ST values were very small when a haplotype comprised 10–16 markers. This suggests that inclusion of substructure correction is not required. However, haplotypes consisting of fewer loci may require the inclusion of F_ST corrections. The testing of independence of autosomal and Y STRs supports the proposition that the frequencies of autosomal and Y STR profiles can be combined using the product rule.     

Smoothing Some Wrinkles in Online Dispute Resolution

This paper describes a persistent problem in online disputeresolution, namely substandard ODR presentations made by inarticulateand lesser dispute-wise disputants make the bargaining conditionsuneven. Three innovations are introduced to address the problem:the SSF design solution, expert-peer online assessment, anda formula for expert-peer assessment. The innovations buildon previous work, and have been modified to accommodate thelimitations and requirements of online dispute resolution andaddress the problem in section 1. The paper is organized infive sections. Section 1 describes the uneven condition favoringthe reputable disputants in online dispute resolution, thataffects inarticulate and disadvantaged, lesser dispute-wisedisputants. Section 2 is a review of the literature of threecommon solutions to the problem: structured argument solutions,technology-intensive solutions and design presentation solutions.The four research questions addressed at the end of Section2 are concerned only with the factors contributing to the statedproblem. Section 3 is an introduction to the SSF design solutionfor online dispute presentations to address the uneven conditionsfor less dispute-wise claimants and respondents. Section 4 introducesa method of presenting communications in online dispute resolutioncalled expert-peer online assessment, and an expert-peer formulafor evaluating online dispute presentations. Section 5 is adiscussion of the research questions introduced in section 2over the concerns expressed about ODR, and a considered reviewof the innovations in light of the literature on ODR.