The impact of sentencing options on recidivism among domestic violence offenders: A case study

Past domestic violence research has tended to focus on issues related to law enforcement responses. More recently, the focus has shifted to other components of the criminal justice system, such as prosecution and correctional responses, to determine the best way to reduce domestic violence. This project is a case study of 177 male convicted domestic violence offenders who were sentenced to one of five options: community corrections; jail; a suspended sentence; private counseling, a fine, or restitution; and advisement. The focus of this inquiry is on the likelihood of each sanction reducing future arrests and convictions for domestic violence. The results reveal that no one sanction is more effective than the other options. A draft of this paper was presented at the annual meeting of the Southern Criminal Justice Association, Chattanooga, TN, 1999. The authors would like to thank the editor and the anonymous reviewers for their insightful comments and suggestions on an earlier version of this paper. This work stems from a project started by Chesterfield County and Melissa Gross to complete her Master of Social Work degree requirements. The primary authors of this piece are Jill A. Gordon and Laura J. Moriarty. The ordering of names are alphabetical after Melissa Gross.     

Internal Validation of the AmpFlSTR Yfiler™ Amplification Kit for Use in Forensic Casework

Abstract:  Y-chromosomal short-tandem repeat (Y-STR) amplification has been used in forensic casework at the Bureau of Criminal Apprehension (BCA) Forensic Science Laboratory since 2003. At that time, two separate amplifications were required to type the SWGDAM recommended loci (DYS19, DYS385a/b, DYS389I, DYS389II, DYS390, DYS391, DYS392, DYS393, DYS438, and DYS439). The Yfiler™ kit coamplifies these loci as well as DYS437, DYS448, DYS456, DYS458, DYS635, and Y GATA H4. The Yfiler™ kit was validated following the internal validations outlined in the SWGDAM revised validation guidelines. Our studies show that 0.125 ng of male DNA will generate a complete 17 locus profile and that as little as 0.06 ng of male DNA yields an average of nine loci. In the male–male mixtures, a complete profile from the minor component was detected up to 1:5 ratio; most of the alleles of the minor component were detected at a 1:10 ratio and more than half the alleles of the minor component were detected at a 1:20 ratio. Complete YSTR profiles were obtained when 500 pg male DNA was mixed with female DNA at ratios up to 1:1000. At ratios of 1:5000 and 1:10,000 (male DNA to female DNA) inhibition of the YSTR amplification was evident. The YSTR results obtained for the adjudicated case samples gave significantly more probative information than the autosomal results. Our studies demonstrate that the Yfiler™ kit is extremely sensitive, does not exhibit cross-reactivity with female DNA, successfully types male DNA in the presence of overwhelming amounts of female DNA and is successful in typing actual forensic samples from adjudicated cases.     

Male rape myths: the role of gender, violence, and sexism

This study investigates the structure of Struckman-Johnson and Struckman-Johnson's Male Rape Myth Scale, examines gender differences in rape myth acceptance, and explores the underlying ideologies that facilitate male rape myth acceptance. A three-factor model, with rape myths regarding Trauma, Blame, and Denial as separate subscales, is the best fitting solution. However, the results indicate that additional scale development and validity tests are necessary. In exploratory analyses, men are more accepting of male rape myths than are women. Benevolent sexism toward men and acceptance of interpersonal violence are strong predictors of male rape myth acceptance for both men and women. Thus, the attitudes that facilitate rape myth acceptance against men appear to be similar to those that facilitate rape myth acceptance against women. Suggestions for future scale development are outlined and theoretical implications of the findings are discussed.     

Kumho, Daubert, and the nature of scientific inquiry: implications for forensic anthropology

In the last 15 years, the US Supreme Court has implemented major changes concerning the admittance of expert testimony. In 1993, Daubert v. Merrell Dow Pharmaceuticals superseded the Frye ruling in federal courts and established judges, not the scientific community, as the gatekeepers regarding the credibility of scientific evidence. In 1999, a lesser-known but equally important decision, Kumho Tire v. Carmichael, ruled that technical expert testimony needed to employ the same rigor as outlined in Daubert, but experts can develop theories based on observations and apply such theories to the case before the court. Anthropology has never been defined as a hard science. Yet, many recent publications have modified existing techniques to meet the Daubert criteria, while none have discussed the significance of Kumho to anthropological testimony. This paper examines the impact of Daubert and Kumho on forensic anthropology and illustrates areas of anthropological testimony best admitted under Kumho's guidance.     

Assessing Sexual Coercion: Survey Wording Differences and the Victimization-Perpetration Discrepancy

The current study examined the impact of item wording on self-reported sexual assault perpetration and victimization rates. The Sexual Experiences Survey (SES; Koss et al. in Journal of Consulting and Clinical Psychology, 55, 162–170, 1987) is a self-report assessment of female sexual victimization and male sexual perpetration. Studies using the SES consistently report a marked discrepancy between victimization rates and perpetration rates. The wording of the SES items asks respondents to report whether experiences occurred in the absence of female want. It was hypothesized that modified items, which did not require an analysis of female want, would yield increased male response rates compared to the original SES, but that female rates would be equivalent across versions. Parallel male and female SES items, for coercive sexual contact and intercourse, were compared with modified items. Analyses of the data confirmed the hypothesis that modified items yielded increased reports for males in the contact and intercourse conditions. Female response rates on modified items were increased in the contact condition, but not the intercourse condition. Implications of these findings were discussed.     

Minnesota Sentencing Guidelines: A Structure for Change

Minnesota's sentencing reform took place many years ago but its evolution continues. It is not possible for any sentencing system to remain static in the highly political and emotionally charged arena of crime. Goals and principles that were considered firmly established when the Sentencing Guidelines first went into effect have been reordered and expanded, practitioners have cut through the hard edges of the policies and softened their impact, and specific sentencing policies have moved in the direction of harsher penalties for violent and career criminals and drug dealers. While political and practical forces continue to evolve the sentencing guidelines policy, it is the structure itself that provides the essential rational framework for decision making. This article examines some of the forces of change in Minnesota and illustrates how the structure of sentencing guidelines, nevertheless, has managed to retain a rational sentencing policy.