Causing the Conditions of One’s Defense: A Theoretical Non-problem

My contribution to this symposium is short and negative: There are no theoretical problems that attach to one’s causing the conditions that permit him to claim a defense to some otherwise criminal act. If one assesses the culpability of an actor at each of the various times he acts in a course of conduct, then it is obvious that he can be nonculpable at T₂ but culpable at T₁, and that a nonculpable act at T₂ has no bearing on whether an actor was culpable at T₁ when he caused the circumstances that are exculpatory with respect to his act (or conduct) at T₂. Moreover, as I interpret the Model Penal Code, it gets matters close to right on this point.     

‘We Need Our New OSS,Our New General Donovan,Now ...’: The Public Discourse over American Intelligence, 1944-53

The popular origins of the modern US intelligence bureaucracy have largely escaped the scrutiny of historians. This article examines the critical public discourse over American intelligence and the clear domestic support for a new type of national intelligence system following World War II. The organization of American intelligence was thoroughly examined in newspapers, polling data, popular magazines, public speeches and lectures, petitions to government officials, and for the first time — the medium of radio. This frank discussion, fostered to a large degree by William Donovan, undoubtedly influenced the tenor surrounding the establishment of the modern intelligence bureaucracy, but also resulted in an unwelcome public relations quandary for intelligence officials. This distinctly American postwar dialogue illustrates the great challenge of conducting intelligence in an open democratic society.     

The Treatment Needs of Substance Abusing Batterers: A Comparison of Men Who Batter Their Female Partners

Though the co-occurrence rate of intimate partner violence (IPV) and problems with alcohol and other drugs (AOD) is 50 % or higher among men in clinical samples, little attention has been given to examining the characteristics of batterers with AOD problems (AOD batterers). We compared 274 AOD batterers and 524 non-AOD Batterers (batterers who do not have AOD problems). Results indicated AOD batterers were more violent, and were more likely to perpetrate violence that is severe in nature. They also reported higher levels of anger and trauma, had a greater proclivity toward a borderline personality orientation, and were much more likely to use AOD during an incident of violence at least half of the time (41 % versus 9 %). Results underscore the need for screening of batterers for AOD problems and substance abusers for IPV, and suggest that AOD problems might serve as an important indicator to help identify particularly complex cases.     

Habeas Corpus as <Emphasis Type="Italic">Jus Cogens</Emphasis> in International Law

For hundreds of years procedural rights such as habeas corpus have been regarded as fundamental in the Anglo-American system of jurisprudence. In contemporary international law, fundamental norms are called jus cogens. Jus cogens norms are rights or rules that can not be derogated even by treaty. In the list that is often given, jus cogens norms include norms against aggression, apartheid, slavery, and genocide. All of the members of this list are substantive rights. In this paper I will argue that some procedural rights, crucial for the fair functioning of criminal proceedings, such as habeas corpus, should also have the status of jus cogens norms. I will begin by explaining what it means for a right to have jus cogens status. And I will follow this with a defense of having procedural rights like habeas corpus added to the list of jus cogens norms. I will then rehearse some of the debates about the jus cogens status of procedural rights in the European Commission on Human Rights. At the end of this paper, I will look at the attempts to deal with the abuses at Guantanamo by the American Commission on Human Rights, and by the US and Australian courts, as a way to understand why there needs to be a stronger support for habeas corpus than is today provided by regional courts.     

More Than a Just a Game: Video Game and Internet Use During Emerging Adulthood

The purpose of this study was to gain a clearer understanding of the pattern of video game and internet use among college students and to examine how electronic leisure was related to risk behaviors (i.e., drinking, drug use, sex), perceptions of the self (i.e., self worth and social acceptance), and relationships with others (i.e., relationship quality with parents and friends). Participants included 813 undergraduate students (500 young women, 313 young men, M age = 20, SD = 1.87) who were mainly European American (79%), unmarried (100%) and living outside their parents’ home (90%). Results suggested that (a) video game use was linked to negative outcomes for men and women, (b) different patterns of video game and internet use existed for men and women and (c) there were different relations to risk behaviors, feelings about the self, and relationship quality based on the type of internet use, and based on gender. The discussion focuses on the implications of electronic leisure on the overall health and development of young people as they transition to adulthood.