Crime is the Problem: Homicide,Acquisitive Crime,and Economic Conditions

A question that emerges from recent research on the relationship between economic conditions and street crimes committed for monetary gain concerns the effect of changing economic conditions on violent crime. I propose that the economy stimulates violent crime indirectly through its effect on acquisitive crime. This hypothesis is evaluated in fixed-effects panel models of change in acquisitive crime and homicide rates between 1970 and 2006. The analysis indicates that collective perceptions of economic conditions have a significant effect on an index of acquisitive crime and an indirect effect, through acquisitive crime, on homicide. Consistent with this result, the effect of collective economic perceptions is stronger for felony than argument-related homicides. A promising focus for future research is the role of underground markets in the production of both property and violent crime.

The role of deception in P300 memory detection

Purpose. P300 memory detection test is a neuroscientific procedure to assess memories stored in the brain. P300 memory detection can and is currently applied to assess criminal suspects on recognition of critical crime information. Contrasting memory detection with lie detection, researchers have argued that P300 memory detection does not involve deception. We empirically investigated this argument by manipulating deception between groups. Methods. Thirty‐four community volunteers participated in a P300 memory detection test, answering either deceptively (deceptive condition) or truthfully (truth condition) to their own name. Results. P300 memory detection was significant in the truth condition, indicating that deceptive responding is not a prerequisite for valid P300 memory detection. However, there were clear indications that deceptive responding improved memory detection. Conclusions. Deception seems involved in the P300 memory detection test; and deceptive responding may add to test accuracy.     

The Impact of Police Stops on Precinct Robbery and Burglary Rates in New York City, 2003-2010

New York City experienced a dramatic reduction in crime during the 1990s and continuing through the first decade of the current century. Researchers and commentators have debated the role of policing in New York’s crime drop, including the crime impact of New York’s policy of “stop, question, and frisk” (SQF)—yet, prior research on the crime-reduction effects of SQF is limited in important respects. We seek to overcome many of these limitations in a study of SQF effects on yearly precinct-level robbery and burglary rates in New York between 2003 and 2010. Contrary to prior research, the study reveals few effects of SQF on robbery and burglary. We caution against drawing definitive conclusions from both the current and prior research and recommend that future research address both the impact of SQF on crime and possible collateral effects on the rights and liberties of citizens in the communities most affected by the policy.     

A Pluralist Critique of Contractarian Proceduralism

In pluralistic societies with conflicting conceptions of the good, purely procedural justice looms as particularly attractive. Moreover, the social contract device, in at least some of its conceptual adaptations, appears capable of yielding purely procedural outcomes. Based on an assessment of the respective contractarian arguments of Hobbes and Rawls, the author asserts that contractarian proceduralism is either purely procedural but not just, or else just but only derivatively procedural. Finally, after proposing that Habermas' discourse ethics and proceduralist paradigm of law can be regarded as the perfection and culmination of contractarianism, the author concludes that it also ultimately fails to produce purely procedural justice.     

Philosophy in Law? A Legal‐Philosophical Inquiry

Going beyond the debate between positivists and proponents of natural law, there is a controversy over whether there can or ought to be “philosophy in law” (i.e., whether anything within the subject‐matter of philosophy can also become part of the subject‐matter of law). According to Luhmann's autopoietic theory, law is a normatively closed system and accordingly remains completely independent from philosophy. Dworkin, on the other hand, asserts that constitutional law depends for its coherence and integrity on being encompassed within a particular political philosophy. This essay approaches “philosophy in law” from a functional rather than a legitimating perspective, and concludes against both Luhmann and Dworkin that the integration of philosophy in law is interstitial and limited. The consequence of this for law's validity and legitimacy is a likely increase in contestation and contestability. The essay concludes that by embracing pluralism as a philosophy, one can reduce and better manage contestability without ever becoming able to eliminate it.     

Criminal offense, psychiatric diagnosis, and psycholegal opinion: an analysis of 894 pretrial referrals

This article presents the results of a study of 894 criminal defendants referred by Virginia courts for evaluation of competency to stand trial or criminal responsibility. All evaluations were conducted on an outpatient basis by mental health professionals who had received specialized training in forensic evaluation. Findings as to the referral questions posed, the criminal offenses charged, and the clinical diagnoses and psycholegal opinions offered by the evaluators are described. Statistical analyses demonstrate significant relationships between both diagnosis and criminal charge and the psycholegal opinion rendered.     

Structured Assessment of Correctional Adaptation (SACA): a measure of the impact of incarceration on the mentally ill in a therapeutic setting

Clinicians have observed that psychiatric patients with correctional histories evidence attitudes and behaviors that seem adaptive in penal environments but are maladaptive in mental health settings. This study sought to assess the reliability and concurrent validity of a rating scale designed to measure correctional adaptation using a sample of 64 patients from a state psychiatric hospital. Scale ratings were obtained through structured interviews, whereas predictor variables were gleaned from chart review and self-report. The scale demonstrated good interrater reliability (ICC = .83) and acceptable internal consistency (alpha= .67). Of the variables evaluated, two were significantly correlated with Structured Assessment of Correctional Adaptation (SACA) total scores, total months sentenced to prison or jail (r = .26), and frequency of disciplinary tickets while in prison or jail (r = .31). Stepwise regression analyses revealed only the latter variable significantly predicted SACA score (R = .31), F(1, 58) = 6.27, p < .05. Clinical implications of these findings, the scale, and the construct of correctional adaptation are discussed.     

Decision-making in child abuse and neglect

Social attachment theory can be of value in examining the wide variety of abuse and neglect situations that come to the attention of authorities. We consider evaluation of the parent-child relationship as a crucial part of the judicial process. We have suggested parameters that can be used to evaluate the relationship. We have outlined some of the more common distortions in this relationship that have, in our experience, been associated with the mistreatment of children. The use of social attachment theory has been of great help in understanding the emotional reactions of the many children we have seen for evaluation and treatment. The theory also serves as a potential guide for improvements in social policy. If we are more sensitive to the psychological world of these children, we will be better able to truly protect them.