The Legal System and Child Sex Abuse—Ross Cheit's The Witch‐Hunt Narrative: Politics,Psychology, and the Sexual Abuse of Children

Cheit, Ross E. 2014 . The Witch‐Hunt Narrative: Politics, Psychology, and the Sexual Abuse of Children . New York: Oxford University Press. Pp. xvii + 508. $49.95 cloth. The prosecution of child sex abuse in cases involving very young children presents difficult problems for the justice system. Ross Cheit's book The Witch‐Hunt Narrative: Politics, Psychology, and the Sexual Abuse of Children (2014) addresses these problems in the context of the 1980s cases involving daycare centers. While the conventional conclusion drawn from these cases is that young children are not credible witnesses, Cheit's examination of the trial records in these cases reveals credible evidence of abuse in many, as well as evidence of injustice attributable to untrained and/or overenthusiastic interviewers. Cheit's examination of this litigation provides an opportunity to evaluate the legal system's treatment of child witnesses in sex abuse cases, as well as to discuss the appropriate use of social scientific evidence in litigation, the impact of mass media accounts on public policy, and the respective merits of criminal versus civil lawsuits in child sex abuse cases.     

Unanswered Questions about Public Service Motivation: Designing Research to Address Key Issues of Emergence and Effects

As public service motivation research gains momentum, important questions emerge regarding its origins and consequences that are not addressed by existing research. The authors identify some fundamental public service motivation assumptions, including critical gaps in our current understanding of its basic tenets. The authors then discuss specific research studies that, by virtue of their findings and designs, may fill in and inform such apparent gaps. Their aim is to chart new concrete directions for scholarship that complements and advances existing public service motivation research.     

The Effects of Substance Use on Offender Crime Scene Behavior

Abstract:  Substance use has an effect on an individual's propensity to commit acquisitive crime with recent studies showing substance users more likely to leave forensic material at a crime scene. An examination of acquisitive crime solved in Northamptonshire, U.K., during 2006 enabled 70 crime scene behavior characteristics to be analyzed for substance and nonsubstance use offenders. Logistical regression analyses have identified statistically significant crime scene behavior predictors that were found to be either present at or absent from the crime scene when the offender was a substance user. Most significant predictors present were indicative of a lack of preparation by the offender, irrational behavior, and a desire to steal high value, easily disposed of, property. Most significant predictors absent from the crime scene were indicative of more planning, preparation, and execution by the offender. Consideration is given to how this crime scene behavior might be used by police investigators to identify offenders.     

Ethical decisions at the edge

Medicine grows incrementally in its ability to treat patients and at the growing edge it poses problems about the appropriateness of treatments that are different from those where good practice conforms to widely agreed standards. The growth of access to medical knowledge and the diversity of contemporary theoretical and clinical medicine have spawned deep divisions in the profession and divergent opinions about what constitutes reasonable care. That hallmark of acceptable practice is also under pressures from the threat of litigation, a highly commercialised contemporary medical environment, patient demands based on medical journalism and the internet and the exponential growth of bio-medical technology. Patient empowerment can result in complaints arising in new and complex areas and expert opinion can often differ markedly depending on where on the medical spectrum the experts are aligned. This column lays out some broad-brush principles to assess the adequacy of medical advice in such a climate.     

The impact of judges' perceptions of credibility in fibromyalgia claims

Fibromyalgia (FM) is a confusing and controversial diagnosis, characterized by widespread pain and tenderness at specific anatomical sites. The cause of this syndrome is unknown, and the course of the condition is difficult to predict. Without a known cause, predictable course, or effective treatment, it is not surprising that FM is a contentious diagnosis from a medical perspective, as well as a civil litigation and disability insurance industry perspective. The purpose of this study was to investigate judges' perceptions of credibility in litigated cases involving FM claims in the Canadian courts, and the relation between perceived credibility and awards granted. A systematic review was conducted of every trial-by-judge litigated FM claim in Canada (N=194 cases) up to 2003. The cases were examined in relation to credibility factors. The role and responsibility of the plaintiff was central in claims involving issues of misrepresentation, fraud, non-disclosure, failure to mitigate, and contributory negligence. The presence of these issues suggested a possible decrease or loss in the claim as a result of the plaintiff's conduct. In regards to the actions of defendants, the presence of investigative and surveillance information alone did not affect the awards granted. However, the credibility of that information had a large effect on the amount of award granted. Plaintiff credibility played a similar role, indicating that plaintiffs perceived as more credible were typically granted greater awards. An examination of medical expert credibility revealed that judges appear to perceive experts as more credible overall than plaintiffs, regardless of the expert's role in the case.     

“The tender mother”: The social construction of motherhood and the lady's magazine

My aim in this essay is to explore the politics of one of the seemingly least political forms of literature, the woman's magazine. Specifically, I will analyze the ideological content of the Lady's Magazine, one of the most popular and profitable of British monthly miscellanies in the late eighteenth and early nineteenth‐centuries.¹ In this essay I will explore the role the Lady's Magazine played in the development of the idea of the “tender mother,” a concept which was key in the formation of the cult of domesticity and in the development of the ideology of “woman's sphere” as a realm distinct and separate from the man's world of work.²An underlying assumption informing this essay is that the concept of motherhood was (and still is) culturally constituted,³ and that literature, including popular literature found in magazines, has played an important role in this process.⁴ In the Lady's Magazine's portrayal of motherhood we can see one of the means by which the ideology of motherhood, in particular, the concept of the tender mother, was created, legitimated, and perpetuated.⁵     

Passions and interests revisited: the psychological foundations of economics and politics

Homo Politicus, Homo Oeconomicus. Can these two abstract human types meaningfully be distinguished? Is there a characteristic set of motivations that drive human beings in so far as they are political actors and a different set that drive their economic lives? What are the psychological foundations of economics and politics? The answers to these questions have significant implications both for the study and the practice of economics and politics. If homo politicus is essentially identical to homo oeconomicus, it is safe to generalize from the study of economic behavior to political phenomena. If not, such a procedure will distort our understanding of politics. Similarly, if we design political institutions and public policies assuming that people will behave as they do when they confront economic choices, we may find our intentions thwarted if we have neglected the distinctive motivations characteristic of political action.     

Border Problems: Mapping the Third Border

The Internet has become the site of economically relevant objects, events and actions, as well as the source of potential risks to the financial systems. This article builds on a metaphor of ‘border problems’ in financial regulation, exploring a ‘third border’ between the ‘real world’ and ‘cyberspace’—a virtual domain of human interaction facilitated and conditioned by digital communications systems. Reviewing the ‘cyber-sovereignty’ debate and surveying the divergent approaches now emerging along geo-political faultlines, we argue that sovereign states still have a unique and irreplaceable role in guarding financial stability which must be reflected in the law of Internet jurisdiction: an emerging lex cryptographica financiera. We conclude with a few observations on how this could affect the design of financial regulation in the coming decade.