White Paper Prepared for The Secretary of Defense Task Force on DoD Nuclear Weapons Management: Tradeoffs and Paradoxes: Terrorism,Deterrence and Nuclear Weapons

This article was written at the request of the Secretary of Defense Task Force on DoD Nuclear Weapons Management. While this analysis suggests that certain types of terrorists can be deterred from certain types of attacks, it is less optimistic about the use of nuclear weapons in a terrorist deterrent strategy. A broad approach to deterrence may be effective against certain types of terrorist groups and attacks, making it crucially important to disaggregate the terrorist threat when setting policy. The article goes on to address two types of terrorist groups with a “global reach” that pose a serious threat to the United States: non-state actors driven by doctrines permitting catastrophic attacks and state-sponsored groups capable of carrying out catastrophic attacks. The analysis reveals a number of previously unappreciated tradeoffs and paradoxes associated with the deterrence of terrorists.     

EU update

This is the latest edition of the Bristows column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

EU update

This is the regular edition of the Bristows column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Trauma and Posttraumatic Stress Disorder Among Substance-Using Women Entering Cook County Jail

In the United States, the number of incarcerated women continues to rise each year, with African American women having the highest incarceration rates. Many women enter prisons and jails with an extensive trauma history, though little is known about the percentage of these individuals suffering from posttraumatic stress disorder (PTSD) and specific trauma exposures they have had based on factors such as homelessness, degree of substance problems, and race. The present study examines a largely African American substance-using population of incarcerated women to determine the impact of various factors on specific traumas reported. We found that individuals reporting symptoms meeting criteria for PTSD had experienced the highest average number of traumas, and those who had ever been homeless also experienced many and varied trauma exposures compared with those who had never been homeless. Higher substance problems were also associated with more trauma exposure. Fewer than 10 percent of the sample met full criteria for PTSD, though those reporting having ever been homeless and those with higher substance problems were significantly more likely to meet all criteria. Results indicate a need to assess previous homelessness as a method for identifying additional trauma exposures and guiding treatment to women's specific needs and trauma profiles.     

Crime trends and the effect of mandated drug treatment: Evidence from California's Substance Abuse and Crime Prevention Act

The Substance Abuse and Crime Prevention Act (SACPA), implemented statewide in California in July 2001, mandates drug treatment rather than incarceration for certain nonviolent drug offenders. Critics of the legislation suggest that crime increased as a result of the legislation, but researchers have largely ignored this issue. Utilizing time series methodology applied across several independent data sets from Orange County, California, the effects of SACPA on crime were assessed. Results indicate that significant increases in commercial burglaries and paraphernalia arrests may have been attributed to SACPA, but the overall pattern does not support a conclusion that crime increased markedly.     

Unintended consequences: experimental evidence for the criminogenic effect of prison security level placement on post-release recidivism

Most prison systems use quantitative instruments to classify and assign inmates to prison security levels commensurate to their level of risk. Bench and Allen (The Prison Journal 83(4):367-382, 2003) offer evidence that the assignment to higher security prisons produces elevated levels of misconduct independent of the individual’s propensity to commit misconduct. Chen and Shapiro (American Law and Economics Review, 2007) demonstrate that assignment to higher security level among inmates with the same classification scores increases post-release recidivism. Underlying both of these claims is the idea that the prison social environment is criminogenic. In this paper we examine the theoretical premises for this claim and present data from the only experiment that has been conducted that randomly assigns inmates to prison security levels and evaluates both prison misconduct and post-release recidivism. The experiment’s results show that inmates with a level III security classification who were randomly assigned to a security level III prison in the California prison system had a hazard rate of returning to prison that was 31% higher than that of their randomly selected counterparts who were assigned to a level I prison. Thus, the offenders’ classification assignments at admission determined their likelihood of returning to prison. There were no differences in the institutional serious misconduct rates of these same prisoners. These results are contradictory to a specific deterrence prediction and more consistent with peer influence and environmental strain theories. These results also raise important policy implications that challenge the way correctional administrators will have to think about the costs and benefits of separating inmates into homogeneous pools based on classification scores.

A fatal complication of a vena caval filter associated with pulmonary thromboembolism

Vena caval filters are increasingly used for the prevention of pulmonary thromboembolism in patients with deep vein thrombosis ever since the introduction of the stainless steel Greenfield filter in the 1970s. Although complications associated with their use are rare, they can be fatal, and therefore it is important for forensic pathologists to be aware of their occurrence. Because of the ramifications of a medical device failure, a thorough documentation of the autopsy findings is essential. We describe an unusual case of a 75-year-old woman who developed a fatal pulmonary thromboembolism with concurrent migration of a lesser known type of vena caval filter to the right ventricle occurring 19 days after filter placement. A review of the types of vena caval filters in current use, and their complications, are discussed.     

Rights-based mental health legislation and the right to be treated

Following the United Nations Declaration on the Rights of Persons with Mental Illness (1991), the Australian Government released the National Mental Health Policy in 1992. Pointedly, the Report of the National Inquiry into the Rights of People with a Mental Illness in 1993 was critical of the failure of a number of Australian jurisdictions to adequately protect the rights of people with mental illness. A subsequent critique of the capacity of mental health law and policy to respond to current and future challenges of community-based care suggested that while Australian legislation and policies may pass human rights scrutiny in principle, there was insufficient focus on the monitoring processes to ensure implementation and adherence to those measures. The new Commonwealth Attorney-General has foreshadowed the development of a Charter of Rights to create a framework for legislators and regulators when drafting legislation to cover "aspirations" such as the recognition of fundamental human rights. However, it is argued that the dilemma of how best to care for and protect those afflicted with mental illness as well as the public who may be affected by violence or offending by those persons with untreated mental illness, will not be resolved by resort to a didactic Charter of Rights, however idealistic or well intentioned.     

Targeted Neighborhood Sampling: A New Approach for Recruiting Abusive Couples

We conducted two studies to test the utility of a new strategy for recruiting couples experiencing intimate partner violence. This new strategy, Targeted Neighborhood Sampling, involves utilizing police reports of family fight calls to target particular areas within a city for recruitment efforts. Study I compared the efficacy of using this method to recruit a random versus a convenience sample. Results demonstrated that Targeted Neighborhood Sampling was most effective when recruiting a convenience sample of participants who responded to flyers left at their residences. Study II used a convenience sample and replicated the findings from Study I. Across the two studies, 40.4% of those who called after receiving a flyer experienced male-to-female partner violence within the past year. In addition, we combined data across studies and correlated types of violence the couples experienced with variables commonly associated with abuse. Psychological aggression, physical assault, and injury were all positively associated with reports of demand-withdrawal and mutual avoidance during conflict, as well as depression and symptoms of post traumatic disorder syndrome. Sexual coercion was associated with drug abuse. These results demonstrate the utility and validity of Targeted Neighborhood Sampling.