A comparative analysis of conviction outcomes of American domestic terrorists

This research uses quantitative analyses to determine whether or not conviction outcomes differ across three major American domestic terrorism groups: ecoterrorists, left-wing extremists, and right-wing extremists. Findings suggest that ecoterrorists receive lighter treatment within the criminal justice system while controlling for important variables, such as gender, age, and count severity. Findings highlight differences between “home-grown” terrorist groups, departing from a large segment of terrorism research focused on domestic versus international comparisons or terrorist versus civilian comparisons. Results elicit new research questions to understand why domestic terrorists receive differential treatment within the criminal justice system, despite controlling for key variables.     

Introduction: contact and domestic abuse

ABSTRACT

This article introduces the special issue of the Journal of Social Welfare and Family Law on contact disputes and allegations of domestic abuse. It first describes the aims and findings of the International Symposium on Contact Disputes and Allegations of Domestic Violence – Identifying Best Practices at which the papers in the special issue were originally presented. It then outlines the position in England and Wales regarding allegations of domestic abuse in child arrangements cases, highlighting the difference between the ‘law in the books’ and the ‘law in action’. Thirdly, it discusses the research evidence on another prominent international approach to domestic abuse allegations – legislative presumptions against custody or unsupervised visitation/contact for abusive parents. The experience of presumptions in the USA and New Zealand suggests that a similar gap between ‘law in the books’ and ‘law in action’ exists, together with potential problems of legislative drafting. Finally, the article outlines the contributions of the other papers in the special issue to our understanding of international approaches to ensuring safety for children and resident parents in family proceedings where allegations of domestic abuse are raised.     

Conclusion: international best practices

ABSTRACT

Three approaches presented at the International Symposium on Contact Disputes and Allegations of Domestic Violence – Identifying Best Practices offered the possibility of overcoming the limitations identified in the preceding papers in this special issue. A human rights framework, trauma-informed practice and integrated services taking a whole-of-family approach can all help to achieve cultural change in contact proceedings and to ensure the availability of the resources needed to address the issue of domestic abuse holistically. Four Australian initiatives are described as examples of trauma-informed practice and integrated services: Legally Assisted Family Dispute Resolution (LAFDR), the Family Safety Model (FSM), the Family Violence Courts Division of the Victorian Magistrates Court (FVCD), and the Family Advocacy and Support Service (FASS). FSM and LAFDR are out-of-court initiatives which aim to address a family’s abuse-related needs before they get to a court. The FVCD and FASS pick up families whose cases have entered the court system, and at that stage attempt to offer a wrap-around service which addresses both legal and non-legal needs. Lastly, the article describes the European human rights framework, which is designed to operate in cases which are ultimately adjudicated by a court.     

Measuring and explaining the marriage boom in the developed world

Using aggregated data from 25 developed countries over a lengthy period of time, this article presents a measure of the marriage boom observed in the twentieth century and an explanation for its causes. One of my main conclusions is that even though it basically developed after the Second World War, its origins are to be found before it. I found that, contrary to the views of some scholars, this boom was not a short-lived phenomenon, but actually lasted for 90 years on average. Using panel data analysis techniques, I am able to show that the rise in women’s education, state spending on social benefits, and larger percentages of people employed in the primary sector tended to discourage marriage. I also found a quadratic relationship between the nuptiality index and the per capita income and mortality rates.     

扩张解释与类推解释之界分——近代法治的一个美丽谎言

扩张解释与类推解释间的微妙关系,一直困扰着尊崇近代刑法理念的学人和法律实践者。但至少到目前为止,对二者所做的区分由于区分标准本身的含混与模糊而无法令人信服。实际上,二者在思维模式上本无实质区别,学术界所做的这些所谓区别工作,仅仅是为了迎合近代法治意识形态的需要。但一个事实是,以罪刑法定主义为基石的近代法治原则,并不是我们所想象的那样坚实,因此,针对扩张解释和类推解释所做的区分工作,也许应该停止了。     

The family law detection of overall risk screen (FL-DOORS): Utility as a repeated measure for assessing change in family violence risk over time

Conflicted parental separation is associated with risks to safety and wellbeing for all family members. The Family Law DOORS (FL-DOORS; Detection of Overall Risk Screen) is a standardized screening framework to assist identification, evaluation, and response to family safety risks. The FL-DOORS has previously been validated in two large Australian samples (N = 6089) and found fit-for-purpose as an indicator of family violence and wellbeing risks in separated families. Now, using pilot data from a community mediation context, we examine its utility as a repeated measure for detecting change in safety and wellbeing over time. A pilot cohort of 67 parents engaged in a mediation service for parenting and/or property disputes completed the FL-DOORS at intake (T1) and approximately 8 weeks later (T2). We assessed T1-T2 change scores and correlations in change between variables and used MANOVA to determine if clusters of related scales discriminated change across time. Findings support the psychometric capacity of the FL-DOORS for use as a repeated measure in risk monitoring. We also note possible effects of this early screening process for reducing risk prior to engagement in mediation input. We discuss implementation utility for family law services to monitor change in risk type and magnitude over time.