INITIAL DEVELOPMENT OF A PSYCHOLOGICAL MODEL FOR JUDICIAL DECISION MAKING IN CONTINUING RESTRAINING ORDERS

Probate and family court judges are increasingly called upon to make rapid decisions regarding the continuance of restraining orders. These decisions are often made without the benefit of adequate background information or an awareness of which psychological and behavioral factors are most relevant. This action‐oriented research project develops a model that brings psychosocial factors to consideration for judges making decisions regarding the continuance of restraining orders. While further evaluation of the model is needed, the project's unique methodology highlights the value of interdisciplinary collaboration, multiple methods of inquiry, and the consideration of real‐world needs and constraints in developing decision‐making tools.     

National Policy‐Making in Indigenous Affairs: Blueprint for an Indigenous Review Council

This article examines the dearth of any representative Indigenous role in national Indigenous affairs policy‐making and suggests a remedy. After making the case for a specific Indigenous place in national policy‐making, the article considers the reasons for the failure of the Aboriginal and Torres Strait Islander Commission (ATSIC), the body that filled this brief for a decade and a half. The article then considers three possible ways of ensuring an Indigenous role in the policy‐making process: a replacement for ATSIC with specific policy powers; set seats for Indigenous representatives in federal parliament; and the creation of a new elected body whose role would be to review Indigenous affairs legislation. The article concludes that the latter proposal in particular is worth trialling as it would ensure a significant Indigenous voice in national policy‐making while learning from the mistakes that led to ATSIC's demise.     

EVIDENCE OF A DIFFERENT NATURE: THE CHILD‐ RESPONSIVE AND LESS ADVERSARIAL INITIATIVES OF THE FAMILY COURT OF AUSTRALIA

This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child.     

THE RACE/ETHNICITY DISPARITY IN MISDEMEANOR MARIJUANA ARRESTS IN NEW YORK CITY

RESEARCH SUMMARY: This article examines the growth in marijuana misdemeanor arrests in New York City (NYC) from 1980 to 2003 and its differential impact on blacks and Hispanics. Since 1980, the New York City Police Department (NYPD) expanded its use of arrest and detention for minor offenses under its quality-of-life (QOL) policing initiative. Arrest data indicate that during the 1990s the primary focus of QOL policing became smoking marijuana in public view (MPV). By 2000, MPV had become the most common misdemeanor arrest, accounting for 15% of all NYC adult arrests and rivaling controlled substance arrests as the primary focus of drug abuse control. Of note, most MPV arrestees have been black or Hispanic. Furthermore, black and Hispanic MPV arrestees have been more likely to be detained prior to arraignment, convicted, and sentenced to jail than their white counterparts. POLICY IMPLICATIONS: In light of the disparities, we recommend that the NYPD consider scaling back on MPV enforcement and reducing the harshness of treatment by routinely issuing Desk Appearance Tickets when the person is not wanted on other charges, so that most MPV arrestees would not be detained. Furthermore, we recommend that legislators should consider making smoking marijuana in public a violation and not a misdemeanor. Lastly, we suggest ways that NYC could monitor the effectiveness of these policy modifications to assure that the city continues to meet its goals for order maintenance.     

Community‐based environmental management in Vietnam: the challenge of sharing power in a politically guided society

The article presents the challenges of introducing a ‘shared‐power’ community‐based management approach in the socialist society of Vietnam. The Portland State University (PSU)'s Oregon Environmental Management Alliance partnered with Vietnamese organisations in a shared‐power pilot project aimed at strengthening stakeholder participation in environmental improvements in two communities along the Tan Hoa‐Lo Gom (THLG) canal in Ho Chi Minh City (HCMC). The Oregon Solutions model, a community‐based environmental management (CBEM) approach, was adapted for the shared‐power project. This article analyses three core ingredients of the shared‐power CBEM approach: multiple stakeholder structure, dispersed authority arrangements and diverse policy instruments. Critical reflections are offered on the meaning and appropriateness of these shared‐power ingredients when they are reinvented in Vietnam's politically guided governance system. Copyright © 2007 John Wiley & Sons, Ltd.     

Soldiering on: The Reagan Administration and Redemocratisation in Chile, 1983–1986

This article examines the circumstances in which the Reagan administration began to rethink its support of the Pinochet dictatorship in Chile and shift toward advocating a return to democratic civilian rule. It argues this shift was closely related to calculations that US interests might best be served by severing ties with the incumbent regime, but only so long as two vital interrelated issues were resolved to Washington's satisfaction: the nature of the movement likely to inherit political power, and the survival of key institutions of the autocratic Chilean state. To the extent that the incoming government did not portend a challenge to existing constitutional and economic arrangements, and to the extent that the ‘old’ military – the perceived ultimate guarantor against any kind of radical transformation – was in a position to survive the transition with its power and prerogatives intact, a ‘regime change’ could be supported, and even actively promoted. These twin concerns shaped and influenced a US commitment to democracy in Chile that was more contingent than principled, reflected in the constraints US policymakers imposed upon themselves in regard to the types of pressures they were prepared to apply to achieve their preferred outcome.     

Toward a Global Theory of Mind: The Potential Benefits of Presenting a Range of IR Theories through Active Learning

Active learning is particularly well-suited to teaching across the range of perspectives inherent in the practice and study of international politics for two key reasons: (1) because of its capacity to highlight how subjective, intersubjective, and contested understandings play an important role in determining outcomes in the ivory tower as well as in the real world and (2) because of the compatibility between underlying theories of knowledge that inform active learning and the newer generation of IR theories including subaltern realism, social constructivism, constitutive theory, and postmodernism. This article explores the potential benefits of presenting these and other norm-oriented theories through active learning. It also discusses ways to overcome barriers to the integration of active learning techniques.     

CRIMINAL PROPENSITY,DEVIANT SEXUAL INTERESTS AND CRIMINAL ACTIVITY OF SEXUAL AGGRESSORS AGAINST WOMEN: A COMPARISON OF EXPLANATORY MODELS*

Three hypotheses have been used to describe the male propensity for sexual aggression towards women: a general propensity to offend, a specific propensity to sexually offend and a combination of both. In this paper, using structural equation modeling, we compared the relative utility of these three hypotheses in explaining criminal activity in adulthood of sexual aggressors of women. In total, 209 adult males who were convicted of at least one sexual offence were included in the study. Results indicate that a propensity model emphasizing the role of an early and persistent general propensity to act in an antisocial manner during childhood and adolescence is most adequate to explain sexual aggressors' criminal activity. After controlling for the role of this propensity, a specific propensity characterized by high sexualization and deviant sexual interests explained only a modest proportion of variance of the sexual criminal activity.     

Screening Biological Stains with qPCR versus Lateral Flow Immunochromatographic Test Strips: A Quantitative Comparison using Analytical Figures of Merit

Biological fluid identification is an important facet of evidence examination in forensic laboratories worldwide. While identifying bodily fluids may provide insight into which downstream DNA methods to employ, these screening techniques consume a vital portion of the available evidence, are usually qualitative, and rely on visual interpretation. In contrast, qPCR yields information regarding the amount and proportion of amplifiable genetic material. In this study, dilution series of either semen or male saliva were prepared in either buffer or female blood. The samples were subjected to both lateral flow immunochromatographic test strips and qPCR analysis. Analytical figures of merit—including sensitivity, minimum distinguishable signal (MDS) and limit of detection (LOD)—were calculated and compared between methods. By applying the theory of the propagation of random errors, LODs were determined to be 0.05 μL of saliva for the RSID? Saliva cards, 0.03 μL of saliva for Quantifiler^® Duo, and 0.001 μL of semen for Quantifiler^® Duo. In conclusion, quantitative PCR was deemed a viable and effective screening method for subsequent DNA profiling due to its stability in different matrices, sensitivity, and low limits of detection.