‘She Knew What was Expected of Her’: The White Legal System’s Encounter with Traditional Marriage

A recent case in the Northern Territory of Australia has raised the issues of intra-racial rape and the legal recognition of traditional marriages between Indigenous people. The defendant in the Jamilmira case was charged with statutory rape of a 15-year-old girl. He argued that the girl’s status as his promised wife should lead to mitigation of his sentence. Members of the Northern Territory judiciary and others in the community were divided in their response to his claim. Ultimately the case led to reform of the law in relation to the recognition of traditional marriage, a response which outraged some members of the Indigenous community. In this article I examine the various representations of culture and individuals that were utilised by ‘the law’ and how these representations informed the legal response. In the process I question the limits of my own role as a ‘white middle-class feminist’ in the context of explorations of law and culture. Is there a space to become involved in these debates without being complicit in fostering racism and prejudice and without reverting to stereotypes and cultural arrogance?     

Examining anxiety as a predictor of homicidality: a pilot study

Homicidality rates have been shown to be more prominent among persons diagnosed with mental disorders as compared to the general population. However, the role that anxiety plays in homicidal ideation and intent is poorly understood. This study investigated predictors of homicidal intent, thought, or plan in an adult population of psychiatric inpatients diagnosed with anxiety disorders. Results suggest that the factors most strongly associated with homicidality include male gender, substance abuse, mania, and current legal problems. Multiple regression analyses showed that only male gender predicted homicidality when other variables were taken into account.     

Developmental Differences in Adolescents’ and Young Adults’ Use of Mothers, Fathers, Best Friends, and Romantic Partners to Fulfill Attachment Needs

Adolescents and young adults (three age groups: 12–15, 16–19, and 20–28 years) reported their use of parents, and peers to fulfill attachment functions (proximity-seeking, safe haven, and secure base.) The use of each target figure varied with age and attachment function. Mothers were an important source of security across this age range. They were used as secure base consistently more than fathers or peers for all age groups, and regardless of whether or not participants had romantic partners; but were used less for proximity and safe haven by the two older groups. Best friends were used most and more than others as a safe haven; but were used less by young adults (vs. early adolescents) and by older adolescents with romantic partners. Romantic partners were used most and more than others for proximity; but were used less by early adolescents than by older participants. Fathers were selected less than other targets for all attachment functions. Those with romantic partners turned to them more than to others, and young adults selected their romantic partners as much as friends for safe haven. Those insecurely attached to mother turned to her less and to romantic partners more than did those securely attached. Implications for developmental changes in adolescent attachments are discussed. Professor of Psychology and Applied Human Sciences, Concordia University. Received PhD in social psychology from Ohio State University. Research interests include close interpersonal relationships and adjustment. Received MA in social/developmental psychology from Wilfrid Laurier University. Research interests include attachment and well-being in adolescence Received PhD in developmental psychology from Stanford University. Research interests include parenting, attachment, and adjustment in adolescence Received BA in Psychology (Honors) from Concordia University. Research interests include romantic relationships in adolescence     

DNA analysis of digested tomato seeds in stomach contents

Examination of stomach contents is one of the important steps in medical legal autopsy. Vegetative materials such as stems, roots, and seeds in stomach contents can be valuable evidence for providing investigative leads in death investigation. Currently, the identification of plant materials relies on microscopic and morphologic examination. We have found that many seeds are often protected from acid degradation during stomach digestion by their tough exterior seed coat. Tomato seeds were selected as a model system to assess DNA analysis and plant variety marker identification. The DNA-amplified fragment length polymorphism method was performed to determine if the DNA obtained from single seeds could be used for PCR analysis. From the amplified fragment length polymorphism results, some candidate markers for individualizing seeds from morphologically distinct tomatoes were identified. These data on DNA analysis of tomato seeds indicate amplified fragment length polymorphism is a viable procedure for the individualization of seeds from stomach contents in forensic investigations.     

Fitness to be sentenced: a historical, comparative and practical review

A Canadian judicial decision recently held that a person convicted of a criminal offence who suffered a substantial deterioration in mental condition since the trial could be found unfit to be sentenced. The court based its conclusion on both historical arguments and the Canadian Charter of Rights and Freedoms. There are compelling justifications for recognizing this concept. The paper looks at the history of fitness and how the sentencing phase became disconnected from claims of unfitness in the late 19th century. It then considers theoretical justifications based on fairness, viewing sentencing as a moral discourse, and the effect of the Canadian Charter of Rights and Freedoms. Because of the number of practical questions that need to be addressed before implementing a concept of unfitness at the sentencing stage, the paper looks at some common law jurisdictions for guidance: Australia, New Zealand, and the American states of New York, Illinois, Connecticut, and Ohio. From these comparisons comes the idea of a "provisional cap". That is, the recognition of unfitness at the sentencing stage should be followed by a form of sentencing that takes into account the gravity of the offence, the prosecutor's position, any relevant aggravating or mitigating factors that can be adduced, and then results in a "provisional" sentence, whether custodial or community-based, which stays in effect until the offender becomes fit. The paper ends with a model that incorporates this approach while providing both that offenders will be confined, if necessary, in hospitals and not prisons, and also that the dispositions will be reviewed annually to ensure that the least restrictive and least onerous sanctions are imposed.     

Sexual victimization among African American adolescent females: examination of the reliability and validity of the Sexual Experiences Survey

Adolescent females are disproportionately represented among reported cases of sexual victimization. Because sexual victimization is associated with an array of negative sequelae (e.g., depression, alcohol abuse), psychometrically sound instruments are urgently needed to assess sexual victimization or coercion. The investigation conducts a preliminary analysis of the reliability and validity of the Sexual Experiences Survey (SES) for a sample drawn from a high-risk population-African American adolescent females. Our analyses indicate good internal consistency for the SES with this sample. Convergent validity is demonstrated. Specifically, scores on the SES are associated with significantly lower levels of self-esteem and mastery, higher levels of depression, lower levels of family cohesion, higher levels of family conflict, and higher levels of using alcohol and being a smoker. Preliminary support for discriminant validity is also obtained. This study is a stepping stone for future investigations into the psychometric evaluation of the SES.