Litigation Costs and Before‐the‐Event Insurance: The Key to Access to Justice?

The cost of civil litigation is a key factor in determining the extent of access to justice. Following cuts in legal aid attention has focused upon finding alternative methods of assisting litigants without producing costs which are out of proportion to the damages obtained. The recent report by Lord Justice Jackson attempts to deal with concerns about increasing and disproportionate costs said to arise in part because of the encouragement of conditional fee agreements. This article considers the proposals made in the report, and argues that too little attention has been paid to before‐the‐event insurance as a means of securing access to justice for the great majority of claimants who suffer personal injury.     

Evidence of a gene × environment interaction between perceived prejudice and MAOA genotype in the prediction of criminal arrests

Purpose

The current study builds on a large body of research that has revealed that both genetic and environmental factors contribute to the development of antisocial behaviors. While a number of studies have indicated that stressful environments interact with specific genetic polymorphisms to create antisocial phenotypes, studies have not yet examined whether perceived prejudice and specific genetic polymorphisms combine together to predict criminal arrests over the life course.

Methods

The current study builds on the existing gene × environment literature by using data from the National Longitudinal Study of Adolescent Health (Add Health) to examine the effects of MAOA and perceived prejudice on the probability of being arrested.

Results

The results of the multivariate models reveal a statistically significant gene × environment interaction between MAOA and perceived prejudice in the prediction of arrest for males.

Conclusions

The results indicate that the presence of both perceived prejudice and MAOA increase the likelihood of being arrested. The implications of these results are discussed and limitations are noted.     

The genetic origins of psychopathic personality traits in adult males and females: Results from an adoption-based study

Purpose

Research has consistently revealed that measures of psychopathy and psychopathic personality traits represent some of the most consistent predictors of violent criminal involvement. As a result, there has been a considerable amount of interest in trying to identify the various etiological factors related to psychopathy. The current study builds on this existing body of literature by examining the genetic foundations to psychopathic personality traits.

Methods

An adoption-based research design is used to estimate genetic effects on psychopathic personality traits. Adoptees are drawn from the National Longitudinal Study of Adolescent Health.

Results

Analyses revealed that having a biological criminal father was related to psychopathic personality traits for male adoptees, but not for female adoptees. For males, having a criminal biological father increased the odds of scoring in the extreme of the psychopathic personality trait scale by a factor ranging between 4.3 and 8.5. However, there was no association between having a biological criminal mother and psychopathic personality traits for adoptees.

Conclusions

Psychopathic personality traits are transmitted from father-to-offspring due to genetic reasons.     

Characteristics of Abstainers from Substance Use and Antisocial in the United States

PURPOSE: Whether lifetime abstainer's antisocial behavior are maladjusted or well-adjusted is unresolved. The aim of this study was to compare abstainers (defined as persons with no lifetime use of alcohol and other drugs and non-engagement in antisocial or delinquent behavior) with non-abstainers across a range of sociodemographic and mental health characteristics in the United States. METHODS: Data were derived from the National Epidemiologic Survey on Alcohol and Related Conditions, a nationally representative sample of U.S. adults. Structured psychiatric interviews (N = 43,093) using the Alcohol Use Disorder and Associated Disabilities Interview Schedule - DSM-IV version (AUDADIS-IV) were completed by trained lay interviewers between 2001 and 2002. RESULTS: The prevalence of abstaining was 11%. Abstainers were significantly more likely to be female, Asian and African-American, born outside the U.S., and less likely to be unemployed. Multivariate logistic regression analyses revealed that abstainers were significantly less likely to evidence lifetime mood, anxiety, or personality disorder compared to non-abstainers. CONCLUSIONS: Findings indicate that abstainers are not maladapted and are comparatively more functional than non-abstainers.     

Criminal Specialization Revisited: A Simultaneous Quantile Regression Approach

Whether criminals are specialized or versatile in their offending is a long-standing research area that has been recently revitalized by a paradigm that recognizes that both specialization and versatility characterize offending careers. Based on data from an enriched sample of 500 adult habitual criminals, the current study introduces a measure of relative specialization—the offense specialization coefficient—and a novel analytical technique called simultaneous quantile regression to further the study of specialization. Although offenders committed a mix of offenses, there was considerable and at times pronounced evidence of specialization. Age, sex, and arrest onset had differential predictive validity of specialization for eight crimes at the 75th and 95th quantiles. Implications and suggestions for future research are offered.     

HUNTER‐GATHERER COLLABORATIVE PRACTICE

This article describes the development of a practice group based on a hunter‐gatherer model, with the mission of providing high quality collaborative divorce services, with an emphasis on protecting children and divorcing partners, and expanding access to middle‐ and lower‐income families. The practice group professional disciplines include law, mental health divorce coaching, co‐parent coaching, financial analysis, and case administration. These professionals have collectively associated their individual practices to address challenges facing their collaborative practices. With common purpose, the practice group builds skills, generates client base, nurtures trust, and lays a common knowledge base. Collaborative divorce teams formed from its members serve divorcing families with efficient, cost‐conscious, interest‐based negotiation processes that protect children and help parties productively move on with their lives.     

Developmental validation of the SPERM HY-LITER™ kit for the identification of human spermatozoa in forensic samples

Abstract: With sexual assault evidence, the visualization of spermatozoa confirms that ejaculation has occurred. However, microscopic examination of spermatozoa is a laborious process and can sometimes result in sperm cells being overlooked. Here, we present the developmental validation of the SPERM HY‐LITER? kit, which contains a human sperm–specific mouse monoclonal antibody coupled to a fluorescent Alexa 488 dye. The kit was tested using samples of human semen, saliva, blood, and urine, various animal semen extracts, sexual lubricants, and a commercially available spermicidal film. Postcoital vaginal swabs, degraded semen samples, and samples prepared with sample fixation techniques that deviated from the kit‐provided protocol were also tested. In each case, the SPERM HY‐LITER? kit was demonstrated to bind only to human sperm cell heads. Limitations to this fluorescent staining procedure include nonspecific staining and increased background fluorescence with extreme heat fixation in some samples.     

Examining the Role of Interrogative Suggestibility in Miranda Rights Comprehension in Adolescents

This study aimed to further clarify the association between interrogative suggestibility and Miranda rights comprehension in adolescents; in particular, we examined whether intellectual ability (IQ) serves as a mediator of this relationship. Participants completed Grisso’s Miranda Instruments, the Wechsler Abbreviated Scale of Intelligence, and the Gudjonsson Suggestibility Scale. Many youth demonstrated poor comprehension of their rights, particularly younger and less intellectually capable adolescents. Both yield and shift components of interrogative suggestibility were inversely related to rights comprehension; however, IQ fully mediated these relationships. Neither demographic variables (gender, ethnicity, socio-economic status after controlling for IQ, and English as a second language (ESL) status) nor previous police experience were significantly associated with rights comprehension in the present sample. The implications of these findings are discussed.     

The Effects of Genetics,the Environment,and Low Self-Control on Perceived Maternal and Paternal Socialization: Results from a Longitudinal Sample of Twins

The association between parental socialization and antisocial behavior is central to much criminological theory and research. For the most part, criminologists view parental socialization as reflecting a purely social process, one that is not influenced by genetic factors. A growing body of behavioral genetic research, however, has cast doubt on this claim by revealing that environments are partially shaped by genetic factors. The current study used these findings as a springboard to examine the genetic and environmental underpinnings to various measures of perceived paternal and maternal parenting. Analysis of twin pairs drawn from the National Longitudinal Study of Adolescent Health revealed that between 16 and 31% of the variance in perceptions of maternal attachment, maternal involvement, maternal disengagement, and maternal negativity was the result of genetic factors. Additionally, between 46 and 63% of the variance in perceptions of paternal attachment, paternal involvement, and paternal negativity was accounted for by genetic factors. The implications that these results have for criminologists are explored.     

Violence against teachers: prevalence and consequences

Data collected from 731 teachers were used to examine the consequences of violence directed toward teachers while in the workplace. Analyses showed that the majority of respondents (n = 585, 80.0%) had experienced school-related violence—broadly defined—at one point in their careers. Serious violence (actual, attempted, or threatened physical violence) was less common, but still common enough to be of concern (n = 202, 27.6%). Violence predicted physical and emotional effects, as well as teaching-related functioning. In addition, a model with fear as a potential mediator revealed that both fear and violence were independently predictive of these negative outcomes. Finally, analyses showed that, in general, women reported higher levels of physical symptoms compared to men. We discuss the implications of violence against teachers in terms of personal consequences and the implications for mental health professionals working in an educational setting.