Laws, Models, and Real People: Choice of Chapter in Personal Bankruptcy

It has been a central assumption in bankruptcy policy debates that financially troubled persons faced with bankruptcy will respond to economic incentives and disincentives. Two provisions of the Bankruptcy Code (Chapters 7 and 13) are most commonly used by individual debtors. Under Chapter 7 debtors agree to give up all their property (n excess of state-determined exemptions) to a trustee for sale and distribution to creditors. Under Chapter 13 debtors keep all their property but agree to pay all or part of their debts over three to five years. This empirical study of fifteen hundred consumers in three states explores whether economic incentives and disincentives are in fact the chief factors influencing choice of chapter. The analysis demonstrates that while economic factors play a part, noneconomic factors are also significant, among them intra- and interstate migration, marital status, self-employment, state of residence, and local legal culture. We conclude that to explore fully how individual decisions are made, the simplistic economic model must be replaced by a more sophisticated model that accounts for both economic and noneconomic factors.     

The Stigma Enigma: Doublespeak,Double Standards,Double Dipping and the Double-Sided Nature of Stigma in Toxic Tort Property Damage Claims

“Ignorance is strength” “2+2=5” Mottos of “Big Brother” excerpted from the novel 1984 by George Orwell     

Children’s Susceptibility to Misidentifying a Familiar Bystander From a Lineup: When Younger is Better

Children from 5 to 12 years of age (N=779) were shown a videotape where a preschool teacher has money stolen from her wallet. Children were shown a lineup, and for children in the bystander condition, the lineup contained a familiar bystander without the thief. Children in the control condition viewed the same lineup but they had not seen the bystander in the videotape. Among the 11–12-year olds, participants in the bystander condition were significantly more likely than control participants to misidentify the familiar bystander. This effect was not found in children from 5 to 10 years of age. When children in the control condition were shown a lineup that contained the thief without the bystander, the 11–12-year olds were significantly more likely than the younger children to correctly identify the thief. These findings demonstrate that age can both increase and decrease the accuracy of children’s lineup identification accuracy depending on the task at hand and the content of a lineup.     

Understanding the risk factors for violence and criminality in women: the concurrent validity of the PCL-R and HCR-20

This study explores the performance of 132 female maximum-security inmates on the Psychopathy Checklist-Revised (PCL-R) and the HCR-20 (Historical, Clinical, and Risk Management Scheme) to examine the concordance between these two risk assessment instruments, and to assess their potential usefulness in determining level of risk for violent behavior and other forms of criminality. The two instruments demonstrated consistent and highly significant correlations across total scores, factor scores, and subscale scores. When the two instruments were entered into a multiple regression analysis to predict violent and non-violent crime, the HCR-20 did not add to the variance explained by the PCL-R. These results confirm earlier research that suggests that there is little or no difference between these two risk assessment instruments in their relationship to community or institutional violence. Further, Receiver Operating Characteristics (ROC) analyses show that both instruments demonstrated an inverse ability to predict convictions for murder, a close to chance ability to predict violent crime, but a shared ability to predict property and minor crime. Broadly, these results suggest that psychopathic women are involved in chronic patterns of non-violent criminality, while women charged and convicted of murder generally do not have elevated scores on the PCL-R or HCR-20. The relevance of these findings to rehabilitation and treatment is discussed.     

Retracted: A Legacy of Lynchings: Perceived Black Criminal Threat Among Whites

This article examines the legacy of lynchings on contemporary whites' views of blacks as criminal threats. To this end, it draws on prior literature on racial animus to demonstrate the sustained influence of lynching on contemporary America. We hypothesize that one long‐standing legacy of lynchings is its influence in shaping views about blacks as criminals and, in particular, as a group that poses a criminal threat to whites. In addition, we hypothesize that this effect will be greater among whites who live in areas in America where socioeconomic disadvantage and political conservatism are greater. Results of multilevel analyses of lynching and survey data on whites' views toward blacks support the hypotheses. In turn, they underscore the salience of understanding historical forces, including the legacy of lynchings that influence contemporary views of blacks, criminals, and punishment policies.