Appropriately Upset? Emotion Norms and Perceptions of Crime Victims

Victims who express less emotion in response to a crime are perceived as less deserving, less sympathetic, and they have less punishment assigned to the offender who committed the crime. This study considers the extent to which emotion norms underlie perceptions of victims who testify. Two studies investigate the circumstances in which emotional reactions to a crime are seen as "unusual" and whether a more general emotion norm underlies responses to victim testimony. We test a "victim-role" norm against a "proportionality" norm by crossing the severity of victim's emotional response (severe or mild) with the seriousness of a crime (serious or less serious). Results across two studies lend greater support to the notion that people expect victims to match the intensity of their emotional response to the seriousness of the event (i.e., a proportionality rule), although we also find instances in which expectations of the victim are not strong. Gender of the victim exhibited small and contingent effects. We discuss the relevance of emotion norms to legal settings.     

Competency-based education: An alternative for criminal justice education?

Over the last several years, criminal justice education In the United States has increased dramatically. Much of this growth has been in response to the needs of an evolving criminal justice field. However, there is some concern among professionals that the criminal justice system needs to be impacted more directly, and that institutions of higher learning need to be impetus for this change. To complete this task, curricula in higher education programs need to become more relevant to the needs of the system, while not ignoring the student of the educational system. This article examines the use of competency-based education (CBE) as a model that will serve the criminal justice student of today and the criminal justice system of tomorrow.     

Screening for intimate partner violence in orthopedic patients: a comparison of three screening tools

Accurately identifying victims of intimate partner violence (IPV) can be a challenge for clinicians and clinical researchers. Multiple instruments have been developed and validated to identify IPV in patients presenting to health care practitioners, including the Woman Abuse Screening Tool (WAST) and the Partner Violence Screen (PVS). The purpose of the current study is to determine if female patients attending an outpatient orthopaedic fracture clinic who screen positive for IPV using three direct questions (direct questioning) also screen positive on the WAST and PVS. We conducted a prevalence study at two Level I trauma centres to determine the prevalence of IPV in female patients presenting to orthopaedic fracture clinics for treatment of injuries. We used three methods to determine the prevalence of IPV; 1) direct questioning, 2) WAST, and 3) PVS. We compared the prevalence rates across the three screening tools. Ninety-four women screened positive for IPV using any method. The prevalence of IPV was 30.5% when a direct questioning approach was utilized, 12.4% using the WAST, and 9.2% using the PVS. The WAST identified 37.2% (35/94) of the IPV victims detected and the PVS identified 27.7% (53/94) of the IPV victims detected, whereas direct questioning identified 89.4% of the IPV victims. Identification of IPV may be under-estimated by the WAST and PVS screening tools. Our findings suggest direct questioning may increase the frequency of disclosure of IPV among women attending outpatient orthopaedic clinics.     

Negative Life Events and Maladaptive Behaviors Among Filipino Adolescents: an Empirical Test of the General Strain Theory

Agnew’s general strain theory has been widely tested in other countries and has received general support from most studies. To date, however, there has been limited empirical test of the theory in the Philippines. Thus, this study aims to test the core theoretical propositions of the theory that link negative life events (strains) to negative emotions that in turn encourage maladaptive behaviors or criminal coping. The study uses the Global School-based Student Health Survey (2011) data on a nationally representative sample of 5920 secondary Filipino students. In general, the results support the general strain theory: negative life events (e.g., violent experiences, discrimination, sexual harassment victimization) encourage maladaptive behaviors (i.e., suicidality, substance use, and truancy), and this link is somewhat mediated or attenuated by depression. Further, conditioning factors such as parental care and supervision, social support, and engagement in physical activities moderate the effects of negative life events and depression on maladaptive behaviors. Contrary to the theory, however, some conditioning factors intensify the effects of strain on truancy. Overall, the current findings support the theory but call for further research and theory building—delinquent acts are diverse behaviors, and thus, each may require a crime-specific model of the general strain theory.     

The law and the sublime: Rethinking the self and its boundaries

Christine Battersby has argued that it is Kant (and not Descartes) who provides the paradigm model of what it is to be a self in modernity. The Kantian self is established in opposition to its other. The body is commonly envisaged as a container, with selfhood as something that is defended against the outside. In contrast, she proposes a feminist reworking of such a model of selfhood, applicable to both men and women, in which the self and other emerge over time through patterns of relationality. This paper introduces Battersby’s work by focusing upon her early analysis of Kantian aesthetics, in particular the sublime. The aim is to draw out some of the legal and political implications of her work, particularly with regard to the common law’s developing conception of privacy. This is carried out by distinguishing her ontological position from the psychology of Carol Gilligan and then by considering the overlapping concerns of Jennifer Nedelsky in the area of legal theory.

Proof of causation in informed consent cases: establishing what the plaintiff would have done

A degree of judicial caution in accepting the assertion of a plaintiff as to what he or she would have done, if fully informed of risks, is clearly evident upon a review of decisions applying the common law. Civil liability legislation in some jurisdictions now precludes assertion evidence by a plaintiff. Although this legislative change was seen as creating a significant challenge for plaintiffs seeking to discharge the onus of proof of establishing causation in such cases, recent decisions suggest a more limited practical effect. While a plaintiff's ex post facto assertions as to what he or she would have done if fully informed of risks may now be inadmissible, objective and subjective evidence as to the surrounding facts and circumstances, in particular the plaintiff's prior attitudes and conduct, and the assertion evidence of others remains admissible. Given the court's reliance on both objective and subjective evidence, statistical evidence may be of increasing importance.     

Further Validation of the Test of Memory Malingering (TOMM) Trial 1 Performance Validity Index: Examination of False Positives and Convergent Validity

Assessment of performance validity is an essential part of a neuropsychological evaluation, with the inclusion of two or more performance validity tests (PVTs) becoming routine practice. Considering the time to administer multiple tests, there has been some support for use of the Test of Memory Malingering (TOMM) Trial 1 (T1) as an independent, “one and done” PVT. Notably, cutoffs for TOMM T1 need further validation, with an emphasis on minimizing false-positive classifications among those with bona fide cognitive impairment. In a clinically referred sample of 127 veterans, this study examined the role of cognitive impairment in TOMM performance and the utility of a TOMM T1 as an independent PVT. Examinees were administered the TOMM and three additional PVTs as part of a comprehensive neuropsychological battery. Sixty-eight percent of examinees were classified valid (35% of valid examinees were cognitively impaired). TOMM T1?≤?40 had excellent observed sensitivity (83%) and specificity (93%) overall, with minimal false-positive classification. TOMM T1 was also significantly correlated and concordant with other memory-based PVTs. Given score ranges and failure rates for TOMM T1?≤?40 among those with neurological/neurocognitive conditions, scores in the 37–40 range may merit administration of additional TOMM trials to maximize accuracy in identifying valid-cognitively impaired versus noncredible performance. Otherwise, an abbreviated TOMM administration (i.e., only T1) using a cutoff of ≤?40—in conjunction with one or more additional PVTs—may be sufficient for detecting noncredible/invalid test performance in the absence of known or suspected neurological/neurocognitive disorders.     

Public Participation and Public Service Modernization: Learning from New Labor?

The public participation agenda is a significant element of public service reform in Europe and beyond. This article examines how citizen participation in local public services was conce ived and enacted under successive New Labor governments in the UK during the period 1997–2010. It is suggested that the emphasis on public participation was central to the ethos of New Labor. This accounts for the persistence of the participation agenda even in the face of scant empirical evidence that specific engagement and empowerment initiatives were successful. Significantly, there was no single New Labor participation narrative. There were instead several distinct strands, drawing variously from the Party's received traditions of State welfarism, corporatist central-local relations, municipal socialism, Blairite managerialism, and, lastly, mutual cooperativism. The article assesses the legacy of New Labor and public participation in the UK before drawing wider conclusions relating to international experience.