First-time DWI offenders are at risk of recidivating regardless of sanctions imposed

Objective

Research demonstrates that punitive approaches to DWI employed by the judiciary have failed to significantly reduce recidivism. However, little is known about the deterrent effects of administrative and diversion sanctions. We examine whether such sanctions deter first-time DWI offenders.

Methods

We grouped combinations of administrative, judicial, and diversion sanctions routinely employed in the state of Maryland for processing drivers arrested for DWI into one of eight mutually exclusive disposition sequences. We applied this classification to Maryland drivers who had been licensed in the state and had precisely one DWI on their record prior to January 1, 1999. We then used a proportional hazards model to estimate the probability of remaining free of a new DWI during a 6-year period (January 1, 1999 - December 31, 2004) as a function of the disposition of the index violation, and of selected factors that could affect that probability.

Results

Drivers with a prior DWI were at relatively high risk of recidivating regardless of how they were sanctioned. Those who received administrative and alternative sanctions had a risk of recidivating similar to that of drivers who were convicted.

Conclusion

All dispositions sequences, not just convictions, indicate that first-time DWI offenders are at high risk of recidivating.     

The International Criminal Court at Ten

Criminal Law Forum -     

Prevalence and correlates of physical spousal violence against women in slum and nonslum areas of urban Bangladesh

This study explores the prevalence and correlates of past-year physical violence against women in slum and nonslum areas of urban Bangladesh. The authors use multivariate logistic regression to analyze data from the 2006 Urban Health Survey, a population-based survey of 9,122 currently married women aged between 15 and 49 who were selected using a multistage cluster sampling design. The prevalence of reported past-year physical spousal violence is 31%. Prevalence of past-year physical spousal violence is higher in slums (35%) than in nonslums (20%). Slapping/arm-twisting and pushing/shaking/ throwing something at the women are the most commonly reported acts of physical abuse. Multivariate analysis shows that the risk of physical spousal abuse is lower among older women, women with post-primary education, and those belonging to rich households and women whose husbands considered their opinion in decision making. Women are at higher risk of abuse if they had many children, believe that married woman should work if the husband is not making enough money, and approve wife-beating norms. This study serves to confirm the commonness of physical spousal abuse in urban Bangladesh, demonstrating the seriousness of this multifaceted phenomenon as a social and public health issue. The present findings suggest the need for comprehensive prevention and intervention strategies that capitalize on the interplay of individual and sociocultural factors that cause physical spousal violence. Our study adds to a growing literature documenting domestic violence against women in urban areas of developing south Asian nations.     

Validating TrueAllele® DNA mixture interpretation

Abstract: DNA mixtures with two or more contributors are a prevalent form of biological evidence. Mixture interpretation is complicated by the possibility of different genotype combinations that can explain the short tandem repeat (STR) data. Current human review simplifies this interpretation by applying thresholds to qualitatively treat STR data peaks as all‐or‐none events and assigning allele pairs equal likelihood. Computer review, however, can work instead with all the quantitative data to preserve more identification information. The present study examined the extent to which quantitative computer interpretation could elicit more identification information than human review from the same adjudicated two‐person mixture data. The base 10 logarithm of a DNA match statistic is a standard information measure that permits such a comparison. On eight mixtures having two unknown contributors, we found that quantitative computer interpretation gave an average information increase of 6.24 log units (min = 2.32, max = 10.49) over qualitative human review. On eight other mixtures with a known victim reference and one unknown contributor, quantitative interpretation averaged a 4.67 log factor increase (min = 1.00, max = 11.31) over qualitative review. This study provides a general treatment of DNA interpretation methods (including mixtures) that encompasses both quantitative and qualitative review. Validation methods are introduced that can assess the efficacy and reproducibility of any DNA interpretation method. An in‐depth case example highlights 10 reasons (at 10 different loci) why quantitative probability modeling preserves more identification information than qualitative threshold methods. The results validate TrueAllele^® DNA mixture interpretation and establish a significant information improvement over human review.     

Evaluation of vapor profiles of explosives over time using ATASS (Automated Training Aid Simulation using SPME)

Despite numerous instrumental achievements, canines are still considered the most effective field method for explosive detection. However, due to strict explosive regulations and safety requirements, it can be a challenge for agencies with "bomb dogs" to train using neat explosive materials. This establishes a need for non-explosive canine training aids with the same volatile component profiles as the explosives that they represent. In order to compare mimic materials to their explosive counterparts, a technique must be established that not only allows for identification of volatile compounds but also can monitor changes in the headspace profile over time with respect to time and temperature. The Automated Training Aid Simulation using SPME (or ATASS) was developed for that purpose. As described, ATASS was used to observe changes in the volatile profile of three explosives (Composition C-4, 2,4-dinitrotoluene (DNT), and triacetone triperoxide (TATP)) and respective prototype training materials (0.1% by mass C-4, 1% by mass 2,4-DNT, and 1% by mass TATP). Samples were prepared in vials and metal tins within a gallon (≈ 3785 mL) paint can to simulate common field techniques for canine training. Monitoring these materials in real time provides a better understanding of the major volatile components present and how the relative abundances of these components can change over time. The results presented indicate that ATASS successfully allows for a sufficient comparison between explosive and non-explosive training materials.     

ARPA-E and DARPA: Applying the DARPA model to energy innovation

ARPA-E offers a new innovation institutional model to meet energy technology challenges. Because it is explicitly based on DARPA, this article reviews the noted DARPA approach in detail. Briefly citing well-known features of DARPA, it explores a number of important features that have not been well discussed in the policy literature on DARPA. These include DARPA??s ability to undertake multigenerational technology thrusts, the synergies it has been able to create through complementary strategic technologies, its ability to build an advocate community, and connections it has built to larger innovation elements downstream from DARPA. It has also taken on incumbent technologies within both DOD and in the private sector, used ties to DOD leadership to press its advances, and supported initial market creation. The article then reviews the new ARPA-E model in detail, commenting first on how ARPA-E has adopted key DARPA approaches. It then discusses new features ARPA-E is adopting, driven by the unique demands of the complex, established energy sector. These include new ways: (1) to sharpen the research visioning, selection and support processes, (2) to build a community of support, important to its political survival, and (3) to implement technologies it supports. In addition, the further DARPA features enumerated above provide potentially useful future guideposts to ARPA-E. The paper closes with a discussion of the difficult technology implementation problems on the ??back end?? of the innovation system??including demonstrations, test beds, and initial markets. The article posits that both agencies must further address these implementation issues by fostering additional downstream partnerships, including between government and private sector.     

Construct validity,reliability and predictive validity of the dynamic risk assessment and management system (DRAMS) in offenders with intellectual disability

Background. There have been a number of developments in the assessment of dynamic risk in the criminological literature. The dynamic risk assessment and management system (DRAMS) has been developed to facilitate the measurement of dynamic factors of risk for offenders with intellectual disability. Method. The study was designed to assess the construct validity, reliability and predictive utility of the DRAMS in 23 male forensic patients in a high secure setting. Predictions were made against independently collected incident data. Concurrent validity was assessed against the Ward Anger Rating Scale (WARS). Results. A reformulation of the individual section variables according to convergent and discriminant correlational analysis revealed Cronbach's alpha levels of >.8 for all sections apart from mood (alpha .750) and items retained to facilitate clinical information (alpha ?.017). Two hundred pairs of WARS and DRAMS assessments revealed orderly sectional correlations. The sections of mood, antisocial behaviour, and intolerance/agreeableness predicted incidents with a medium effect size as did total DRAMS score. There were highly significant differences between assessments taken 1 or 2 days prior to an incident and control assessments conducted at least 7 days from an incident. Conclusions. The reformulated DRAMS has good construct and concurrent validity. It appears to be a reliable assessment tool and informs on risk levels relating to stable and acute proximal factors. It appears as an important addition to the utility of risk assessments for this population.     

Rethinking the Probative Value of Evidence: Base Rates,Intuitive Profiling,and the “Postdiction” of Behavior

It is argued that American courts may be routinely admitting evidence with little to no probative value and great potential for prejudicial impact. This may be particularly likely with regard to what is essentially intuitive profiling or stereotype related evidence, defined herein as evidence suggesting that the defendant (or other party), or his (her) behavior, fits intuitive profiles (or stereotypes) of the type of person likely to commit the crime or behavior in question. In other words, intuitive profiling evidence is admitted to postdict behavior. Formal empirically based profiling evidence (testimony regarding the fit of a defendant's characteristics or behaviors to formal or scientific profiles of the typical perpetrator of the crime in question for use to prove guilt is inadmissible in American courts. However, we suggest that everyday use of informal intuitive profiles underlies both judicial determinations of probative value diagnosticity, and thus admissibility, of evidence, and jurors' use of the evidence in determining guilt. Demonstrations of the use of base rate information to evaluate the probative value of such intuitive profiling evidence both as evidence of guilt and as evidence of innocence are provided. Demonstrations of both how to evaluate the actual probative value of evidence (when all necessary values are known), and the theoretical limit of its probative value (in circumstances where some values are not known) are provided. It is argued that such evaluations may provide the basis for (1) support of motions to either admit or to exclude evidence, (2) testimony to the jury to help them weigh or interpret evidence, (3) exculpatory profiling (profiling evidence of innocence), (4) pretrial research to establish probative versus prejudicial value of evidence, and (5) sufficiency analyses to determine maximum likelihood of guilt, given multiple items of evidence. Among these, the first two are considered most important, as it can be demonstrated that many profiling characteristics currently admitted in trial (such as evidence of battery to support a murder charge) are not probative of guilt.     

A Working Class Critique of Criminological Theory

The absence of a thoroughly developed, working class critique of criminological theory has resulted in bias in the creation of knowledge regarding crime and deviance. Much as feminist writings illuminated the unique problems related to gender, and works by those discussing racial and ethnic minorities highlighted the special concerns related to race and ethnicity, a working class perspective can expose the particular issues having to do with class. A brief discussion will be presented dealing with the portrayal of working class people in the media, and the complicity of academia in allowing working class stereotypes to persist. A sketch of a working class perspective will then be developed, and it will be used to critique fourteen of the major criminological theories today in terms of their relative sensitivities and considerations of the class factor in crime and justice issues. The final section places each of the fourteen theories on a continuum from those that do not consider the working class experience at all to those that give the working class experience full consideration. This revised version was published online in July 2006 with corrections to the Cover Date.     

The legislative recreation of RICO: Reinforcing the ``myth' of organized crime

This paper uses historical content analysis to examine the implementation ofthe Racketeer Influenced Corrupt Organizations Act (RICO). It is argued thatthe historical events leading to the definition of organized crime as an alienconspiracy still affect RICO's use some 30 years after its passage. This paper applies state-centered theory to the theoretical frameworks of sociology of knowledge and innovation diffusion. This approach is used to relate the current implementation and controversy of RICO to the alien conspiracy view. Thought of in this context, legal implementation is the result of a knowledge creation and diffusion process. This paper demonstrates how one knowledge diffusionprocess (the acceptance of organized crime as a national conspiracy in 1970) leads to a new knowledge diffusion process (the use of RICO).