Judges as therapists and therapists as judges: the collision of judicial and therapeutic roles in drug treatment courts

This paper explores the implications of the expansion of judicial and therapeutic roles in a drug treatment court (DTC) in Canada. Issues that are raised are: how the courtroom is framed as a therapeutic space where public appearances by participants are part of the therapeutic process; how judges have taken on therapeutic practices, effectively compromising their traditional role as neutral arbiter; how certain women resisted therapeutic interventions by judges and felt they received harsher punishments than men; and how treatment counselors in DTCs are given powers of enforcement over their clients. The collision of judicial and therapeutic roles in the DTC results in negative consequences for individuals in the specialized courts. Specifically, DTC participants are expected to engage in a therapeutic relationship with their treatment counselors and the court; however, their right to confidentiality is withheld, and their treatment counselors act as agents for the court.     

THE (DE)CONSTRUCTION OF CONFLICT IN DIVORCE LITIGATION: A DISCURSIVE CRITIQUE OF “PARENTAL ALIENATION SYNDROME” AND “THE ALIENATED CHILD”

In high‐conflict divorce litigation involving custody and access, mental‐health professionals are often used to assess the case and make recommendations. Using Foucauldian theories of discourse, this article suggests that these assessments, which are intended to resolve the conflict or offer profitable information, often participate in the conflict by constructing assessments and diagnoses that fit with legal discourse, and thus with the outcomes of adversarial‐styled rulings and ideologically driven interests. This article suggests that so long as such professionals are driven by the privileged discourse of law and psychology/psychiatry, the best interests of those at the center of the conflict can have their experience co‐opted by the iatrogenic features of these discourses.     

Reactions to participating in dating violence research: are our questions distressing participants?

In recent years, there has been increased research focus on dating violence, producing important information for reducing these violent relationships. Yet Institutional Review Boards (IRBs) are often hesitant to approve research on dating violence, citing emotional distress of participants as a possible risk of participation. However, no known research has examined the reactions of research participants to questions about dating violence. The current study examined the reactions among college students to completing a self-report measure on dating violence. Results showed that participants reported numerous positive experiences as a result of their research participation, with only mildly increased negative emotional reactions evident for some. Findings are discussed in relation to IRB proposals and appropriate informed consent for research participants.     

A Critical Examination of the “White Victim Effect” and Death Penalty Decision-Making from a Propensity Score Matching Approach: The North Carolina Experience

Purpose

Death penalty research has rather consistently demonstrated a statistically significant relationship between defendant race and victim race in general, and for the Black defendant/White victim race dyad specifically. The bulk of this evidence has been derived from correlational studies and from cases over relatively condensed time frames.

Methods

The current study uses data from North Carolina (n = 1,113) over several decades (1977–2009) to evaluate the link between defendant/victim racial dyad and jury death penalty decision-making.

Results

Results suggest that there is an apparent “White victim effect” that can be observed in death penalty decision-making in traditional logistic regression models. Yet, once cases are matched via propensity score matching on approximately 50 case characteristics/confounders including the type of aggravators and mitigators accepted by the jury in addition to the number of aggravators and mitigators accepted, the relationship is rendered insignificant. Furthermore, these results hold for a defendant of any race killing a White victim and for the “most disadvantaged” situation for Black defendants (e.g., cases with White victims).

Conclusions

The “White victim effect” on capital punishment decision-making is better considered as a “case effect” rather than a “race effect.”     

Prevalence and Correlates of Intimate Partner Violence Among Young, Middle, and Older Women of Korean Descent in California

This research examined the prevalence and correlates of intimate partner violence (IPV) among younger, middle-aged, and older Korean American women. Data were drawn from telephone interviews of a population-based, representative probability sample (N?=?592) of female adults of Korean descent residing in California, with a completion rate of 70?%. Data were grouped by age. In each group, psychological aggression was the most common type of IPV in the past year, followed by a moderate form of sexual coercion, while physical assault and injury were infrequent. Immigration stress was associated with psychological aggression in all three groups, and partner alcohol use was associated in none. Other predictors varied by group. Results suggest that psychological abuse is a serious issue, and that women’s life stage is an important consideration in IPV among Korean Americans. Findings, which sometimes diverged from those of prior studies of this population, merit further investigation.     

Violent Acts and Injurious Consequences: An Examination of Competing Hypotheses About Intimate Partner Violence Using Agency-Based Data

The current study proposed and tested a series of competing hypotheses about intimate partner violence in the 2006 National Incident Based Reporting System (NIBRS), a dataset of criminal incidents known to the police. Three research questions were presented concerning gender differences in victim identity, victim-offender relationships, and victim injury with hypotheses derived from the feminist, family violence, and general violence perspectives. Victim-based analyses were consistent primarily with expectations of the feminist perspective, although aspects of the general violence perspective were supported as well: Women were more likely than men to experience violence from an intimate; they were more likely to experience violence from an intimate partner than from any other perpetrator; and when victimized by an intimate, women were usually more likely to be injured. These results highlight the uniqueness of violence between intimates relative to other types of violence.     

The impact of sentencing options on recidivism among domestic violence offenders: A case study

Past domestic violence research has tended to focus on issues related to law enforcement responses. More recently, the focus has shifted to other components of the criminal justice system, such as prosecution and correctional responses, to determine the best way to reduce domestic violence. This project is a case study of 177 male convicted domestic violence offenders who were sentenced to one of five options: community corrections; jail; a suspended sentence; private counseling, a fine, or restitution; and advisement. The focus of this inquiry is on the likelihood of each sanction reducing future arrests and convictions for domestic violence. The results reveal that no one sanction is more effective than the other options. A draft of this paper was presented at the annual meeting of the Southern Criminal Justice Association, Chattanooga, TN, 1999. The authors would like to thank the editor and the anonymous reviewers for their insightful comments and suggestions on an earlier version of this paper. This work stems from a project started by Chesterfield County and Melissa Gross to complete her Master of Social Work degree requirements. The primary authors of this piece are Jill A. Gordon and Laura J. Moriarty. The ordering of names are alphabetical after Melissa Gross.