The Direct and Indirect Effects of Offender Drug Use on Federal Sentencing Outcomes

Objectives

The federal sentencing guidelines constrain decision makers’ discretion to consider offenders’ life histories and current circumstances, including their histories of drug use and drug use at the time of the crime. However, the situation is complicated by the fact that judges are required to take the offender’s drug use into account in making bail and pretrial detention decisions and the ambiguity inherent in decisions regarding substantial assistance departures allows consideration of this factor. In this paper we build upon and extend prior research examining the impact of an offender’s drug use on sentences imposed on drug trafficking offenders.

Methods

We used data from three U.S. District Courts and a methodologically sophisticated approach (i.e., path analysis) to test for the direct and indirect (i.e., through pretrial detention and receipt of a substantial assistance departure) effects of an offender’s drug use history and use of drug at the time of the crime, to determine if the effects of drug use varies by the type of drug, and to test for the moderating effect of type of crime.

Results

We found that although the offender’s history of drug use did not affect sentence length, offenders who were using drugs at the time of the crime received longer sentences both as a direct consequence of their drug use and because drug use at the time of the crime increased the odds of pretrial detention and increased the likelihood of receiving a substantial assistance departure. We also found that the effects of drug use varied depending on whether the offender was using crack cocaine or some other drug and that the type of offense for which the offender was convicted moderated these relationships.

Conclusions

Our findings illustrate that there is a complex array of relationships between drug use and key case processing decisions in federal courts.     

Negotiating authority: a comparative study of reform in medical training regimes

Recently the medical profession has faced increased outside pressure to reform postgraduate medical training programs to better equip young doctors for changing health care needs and public expectations. In this article we explore the impact of reform on professional self-governance by conducting a comparative historical-institutional analysis of postgraduate medical training reform in the United Kingdom and the Netherlands. In both countries the medical training regime has shifted from professional self-regulation to coregulation. Yet there are notable differences in each country that cannot be explained solely by diverging institutional contexts. They also result from the strategic actions by the actors involved. Based on an assessment of the recent literature on institutional transformation, this article shows how strategic actions set negotiating authority processes into motion, producing new and sometimes surprising institutional arrangements that can have profound effects on the distribution and allocation of authority in the medical training regime. It stresses the need to study the interactions among political context, the properties of institutions, and negotiating authority processes, as they are crucially important to understanding institutional transformation.     

The role of Salvadorean NGOs in post-war reconstruction

The Peace Agreement signed recently between the Government and FMLN guerrillas in El Salvador marks the end of a decade of civil war. As both sides of the conflict and the international donor community begin to add up the financial costs of reconstruction, the human, social and psychological costs are carried mainly by the poor of El Salvador. Social organisations and NGOs who became strategists of survival now face the challenge of transforming their accumulated experience into alternative proposals for the building of a more just society and a prosperous nation. This article explores the practical complexities of transition from war to peace; and from emergency aid to sustainable development based on the participation of communities, social organisations, NGOs, and international agencies; and the challenges of building on their experience.     

The possible influence of micro-organisms and putrefaction in the production of GHB in post-mortem biological fluid

In recent years, the post-mortem production of the drug of abuse gamma-hydroxybutyric acid (GHB) in biological fluids (e.g. blood and urine) has caused various interpretative problems for toxicologists. Previously, other researchers have shown certain microbial species (Pseudomonas spp. and Clostridium aminobutyricum) possess the necessary enzymes to convert GABA to GHB. A preliminary investigation involving putrefied post-mortem blood indicated there was no observed relationship between "endogenous" GHB concentrations and concentrations of common putrefactive markers (tryptamine and phenyl-2-ethylamine). Microbiological analysis identified the presence of various micro-organisms: Clostridia spp., Escherichia coli, Proteus vulgaris, Enterococcus faecalis and Aeromonoas spp. Equine plasma, human blood and urine samples were inoculated with these and an additional micro-organism (Pseudomonas aeruginosa) and incubated at 22 degrees C for 1 month. Following comparison with control samples and pre-inoculation concentrations, the data indicated an apparent production of GHB in unpreserved P. aeruginosa inoculated blood (2.3 mg/l). All other fluoride-preserved and unpreserved samples (including controls) had GHB concentrations <1mg/l. Although this concentration is lower than is typically associated with "endogenous" post-mortem GHB concentrations, this paper proposes a potential microbial production of GHB with time.     

Aggression and delinquency: Family and environmental factors

Juvenile delinquency has become an increasing concern to society; aggressive behaviors are particularly harmful. This study examined parent and youth behaviors and personality types that may influence delinquent and aggressive behaviors. Youths were referred by the court to an intervention program; ratings of delinquency and aggression were derived from parent reports, self-reports, and court referral data. Results showed that high parent ratings of youth aggressiveness were related to high turmoil in the home and to youths' positive opinions of delinquent peers, while high aggressiveness of the youths' referring offenses was related to lax punishment. Developmentally, this suggests that in adolescence both the peer group and home influences are important in shaping different aspects of the youths' aggressive and delinquent behaviors.This study was partially conducted under University of Virginia Research Policy Council Grant No. 199505. The study was funded in part by a NICHD Training Grant (HD07289) to Dr. D. W. Fulker. Preparation of the paper was facilitated by grant RR-07013-20 awarded to the University of Colorado by the Biomedical Research Support Grant Program, Division of Research Resources, National Institutes of Health.Received Ph.D. in psychology from University of Virginia. Current research interests are intelligence and prosocial and antisocial behaviors from a developmental behavior genetics perspective.Received Ph.D. in psychology from Michigan State University. Current research interests are developmental pathways to problem behaviors of youth in high-risk communities.Current research interests are volunteer interventions with adolescents at risk for delinquency.Current research interests are clinical applications and intervention with adolescents and families.     

Analysis of Frontal Sinuses for Personal Identification in a Chinese Sample Using a New Code Number

The study of frontal sinuses for personal identification is a considered approach in the forensic field. In Yoshino's system, the frontal sinus patterns of a given person were formulated as a code number (codY) obtained by arranging the class numbers in each classification item. The aim of this work was to use a new code number (codC) with eight digits that includes other two continuous variables obtained as ratios SOR₁ (left frontal sinus area/left orbit area) and SOR₂ (right frontal sinus area/right orbit area), comparing the results with that of Yoshino. Digital radiographic images of the skulls of 150 Chinese people were analyzed. Spearman's partial correlation coefficients were evaluated between variables characterizing frontal sinus patterns. We used a maximum-weight dependence tree for statistical analysis. Results demonstrated that codC significantly reduced the probability of having the same personal code number compared with codY. Our scientific approach results valid for personal identification purposes.     

Policy-making in a Restructured State: The Case of the 1991 Health Reform Policy in New Zealand

The pressure for efficiency and accountability that led to reform of public institutions worldwide has had implications for public policy-making as well as the management of public services. The difficulties of providing a coordinated and efficient policy process that can respond to the requirements of a more managerialist style of government were evident in New Zealand in the 1980s and early 1990s. The policy process in 1990–91 leading to the introduction of health reform proposals provides an illuminating case study of the tension between participation and speed, and between traditional pluralist and managerialist approaches to policy development. The implications of this for subsequent implementation are discussed.