Dealing with mentally ill domestic violence perpetrators: A therapeutic jurisprudence judicial model

People suffering from mental illness are increasingly referred to the domestic violence court. Yet the typical diversion programs available, including batterer's intervention programs, are inappropriate for those with serious mental illness. As a result, the Miami-Dade Domestic Violence Court has developed a new approach for dealing with this population that applies mental health court techniques in domestic violence court. This article will describe and discuss this pioneering model. It also will situate this model within the context of other problem-solving courts and discuss how the court uses principles and approaches of therapeutic jurisprudence. The paper presents some preliminary data that describe the social and legal characteristics of 20 defendants in the Domestic Violence Mental Health Court followed over a two year period between 2005 and 2007.     

FUTURE CHILD'S RIGHTS IN NEW REPRODUCTIVE TECHNOLOGY:THINKING OUTSIDE THE TUBE AND MAINTAINING THE CONNECTIONS

This article considers whether children born through assisted human reproduction are entitled to information about their biological origins. It examines the issue both from a clinical perspective, citing social science research and the personal narratives of donor‐conceived children, and from a legal perspective, outlining the extent of a child's “right to know” in different jurisdictions. The article suggests that a uniform legal approach is needed that will recognize the right of all children to access details about their identity and conception, for the sake of their psychological well‐being. The article includes a fact scenario that considers the situation of a donor‐conceived child who has become the subject of a custody dispute, and who has not been told the circumstances of his conception.     

Rapid amplification of commercial STR typing kits

Forensic DNA typing is currently conducted in approximately 8–10 h. The process includes DNA extraction, quantitation, multiplex PCR amplification, and fragment length detection. Today's commercial multiplex short tandem repeat (STR) typing kits are not optimized for rapid PCR thermal cycling. Current protocols require approximately 3 h for amplifying a multiplex containing 15 STR loci plus amelogenin. With the continuing development of miniaturization technologies such as microfluidic and micro-capillary devices, there is a desire to reduce the overall time required to type DNA samples. Such miniature devices could be used for initial screening at a crime scene, at a border, and at airports. There is also the benefit of reducing the required PCR amplification time for labs typing single-source reference samples. Surveys of fast processing polymerases working in combination with rapid cycling protocols have resulted in the development of a ‘rapid’ PCR amplification protocol. Results are obtained in less than 36 min run on a standard peltier-based thermal cycler employing a heating rate of 4 °C/s. Capillary electrophoresis characterization of the PCR products indicates good peak balance between loci, strong signal intensity and minor adenylation artifacts. Genotyping results are concordant with standard amplification conditions utilizing a standard 3 h (non-rapid) thermal cycling procedure. The rapid assay conditions are robust enough to routinely amplify 0.5 ng of template DNA (with 28 cycles).     

A 26plex Autosomal STR Assay to Aid Human Identity Testing*†

Abstract: A short tandem repeat multiplex assay has been successfully developed with 25 autosomal loci plus the sex‐typing locus amelogenin for a total of 26 amplified products in a single reaction. Primers for the loci were designed so that all of the amplicons present were distributed from 65 base pairs (bp) to less than 400 bp within a five‐dye chemistry design with the fifth dye reserved for the sizing standard. A multiplex design strategy was developed to overcome challenges encountered in creating this assay. The limits of the multiplex were tested, resulting in the successful amplification of a wide range of genomic DNA sample concentrations from 2 ng to as low as 100 pg with 30 cycles of PCR. The 26plex has the potential to benefit the forensic community for reference sample testing and complex relationship evaluation.     

Gender differences in gang participation,delinquency, and substance use

The purpose of this paper is to respond to gaps in our knowledge about patterns of female gang participation and its causes and consequences. Data from the Rochester Youth Development Study, a panel study that overrepresents adolescents at high risk for delinquency, are used to compare gang participation and delinquent involvement of female and male adolescents. We then examine the role of theoretical variables associated with both female and male gang membership. The results lead us to conclude that, for females as well as males, involvement in gangs is associated with substantially increased levels of delinquency and substance use. There is also some similarity in the factors associated with gang membership for both sexes, although lack of school success emerges as a factor of particular salience for female adolescents. The results suggest that theory and intervention need to address the phenomenon of female gang membership as an important component of urban youth problems.Authors' names are listed in alphabetical order.     

Social analytic investigation of hostile work environments

This paper presents a brief psycholegal analysis of hostile work environment sexual harassment law especially as it distinguishes between the reasonable person and reasonable woman tests of severity and pervasiveness. We tested two hypotheses: (1) women (but not men) would show stronger judgments of harassment when using the reasonable woman standard, and (2) this relationship would be strongest for women who identified with harassed victims and men who did not. We presented to a sample of undergraduates an in-group identification measurement task followed by the fact patterns in two cases and asked them to make legally relevant decisions under either the reasonable woman or person standard. Although we found gender and in-group identification effects, we found no legal standard effects. The results are discussed from the perspectives of law and psychology.     

Policing in the Hyde Park neighborhood, St. Louis: Racial bias, political pressure, and community policing

Policing in the inner-city neighborhood of Hyde Park is evaluated against a backdrop of racial polarization within the city of St. Louis and political pressures upon the St. Louis Metropolitan Police Department (SLMPD). Data garnered from immersion into Hyde Park community life, participation in and observation of numerous police/community meetings, document analyses, a focus group session with rank-and-file police officers, interviews with a sergeant and the captain of the Police Fifth District, and numerous informal conversations with residents and police officers provide evidence of poor community/police relationships. The data also provide evidence—on the part of police—of racial bias, lack of and/or poor understanding of the underlying causes of criminal behavior, pervading adventure and excitement lures toward police work, and a less than adequate understanding of the community oriented problemsolving (COPS) policing initiative. An underlying theme of little or absent informed locus of control at various levels regarding policing practices links issues of poor police/community relationships and the influence of racial bias and political pressures.     

The Embedded Acquis Communautaire: Transmission Belt and Prism of New Governance

The European Union offers crucial insights into the gradual shift from a Weberian form of modern 'government' towards the institutionalisation of post-Weberian 'governance'. The article argues that the emerging 'polity of polities' context, not only threatens the constitutional basis of democratic rule but also raises the questions of what exactly the new institutions of governance beyond the nation-state are, and what they imply for the functioning (rules of the game) and legitimacy (democratic processes) of the political order. In an effort to elaborate on these questions, the article develops two themes. First, it raises critical questions about the conceptual boundedness of 'governance' in the discussion of constitutional and policy studies within the field of European integration. Secondly, it advances a methodological access point for the study of the institutionalisation of governance in the Euro-polity. It suggests situating the legal concept of acquis communautaire at the boundary of legal studies and politics. The concept is then applied to a case study of citizenship policy in the EU to demonstrate how the acquis communautaire–more precisely, the 'embedded acquis communautaire'–facilitates methodological access to the study of the institutionalisation of governance beyond the state and despite states.     

From the Editor

Law and Human Behavior -     

Point and Counterpoint: A Discussion of Jury Research in the Civil Arena

Law and Human Behavior -