Digital Commons Network^™

Immigration, Employment Opportunities, And Criminal Behavior, Matthew Freedman, Emily Owens, Sarah Bohn

Matthew Freedman

“So I Feel Like I’M Getting It And Then Sometimes I Think Ok, No I’M Not”: Couple And Family Therapists Learning An Evidence-Based Practice, Robert Allan, Michael Ungar, Virginia Eatough

Robert Allan

This research concerns itself with the experiences of couple and family therapists (CFTs) learning about and using an evidence-based practice (EBP). The engagement with EBP is growing across many aspects of the mental health and health care systems. The EBP model is now being applied in a broad range of health and human service systems, including mental and behavioural health care, social work, education, and criminal justice (Hunsley, 2007). The dialogue about the role of evidence-based approaches in the practice of CFT and research literature is also evolving (Sexton et al., 2011; Sprenkle 2012). Interestingly, while the research delves …

Multiple Encyclopedia Entries [Sage Glossary Of The Social And Behavioral Sciences], Nancy L. Leech

Nancy Leech

About this Encyclopedia: The SAGE Glossary of the Social and Behavioral Sciences provides college and university students with a highly accessible, curriculum-driven reference work, both in print and on-line, defining the major terms needed to achieve fluency in the social and behavioral sciences. Comprehensive and inclusive, its interdisciplinary scope covers such varied fields as anthropology, communication and media studies, criminal justice, economics, education, geography, human services, management, political science, psychology, and sociology. In addition, while not a discipline, methodology is at the core of these fields and thus receives due and equal consideration. At the same time we strive to …

Fumigating The Criminal Bug: New Research On The Insulation Of Volkswagen’S Middle Management, J.S. Nelson

J.S. Nelson

Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy

Terry Goldsworthy

In response to a request from the Executive Director of the Commission the following submissions provide Dr. Goldsworthy’s responses as they relate to each term of reference:

1. If provisions in the 2013 legislation are effectively facilitating the successful detection, investigation, prevention and deterrence of organised crime

2. If provisions in the 2013 legislation are effectively facilitating the successful prosecution of individuals

3. If the 2013 legislation strikes an appropriate balance between ensuring the safety, welfare and good order of the community and protecting individual civil liberties, including in relation to the anti‐association provisions in the 2013 legislation

4. How …

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner

Brendan M. Conner

Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Brendan M. Conner

The Macarthur Adjudicative Competence Study: The Development And Validation Of A Research Instrument, Steven Hoge, Richard Bonnie, Norman Poythress, John Monahan

Norman Poythress

Assessment of competence to stand trial is a common evaluation that can have substantial consequences for defendants and the criminal justice system. Despite a voluminous literature, much remains unknown. An obstacle to progress in understanding what is better termed ldquoadjudicative competencerdquo is the absence of structured, standardized research measures for assessment of defendants. This article presents the legal framework, assessment strategy, instrument description, psychometric properties, and construct validation of the MacArthur Structured Assessment of the Competencies of Criminal Defendants (MacSAC-CD). The measures meet or exceed accepted indices of internal consistency, and interscorer agreement. Observed patterns of correlations among measures support …

Starr, Singleton, And The Prosecutor's Role, David Sklansky

David A Sklansky

This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously about …

Crime And Prejudice: The Use Of Character Evidence In Criminal Trials, Joel Schrag, Suzanne Scotchmer

Suzanne Scotchmer

The task of juries is to dispense ex post justice. While justice requires convicting the guilty and acquitting the innocent, the evidence usually cannot distinguish with certainty. We argue that the jury will be more lenient in acquittals than is optimal for deterring crime whenever its subjective cost of wrongful convictions is at least as high as its subjective cost of wrongful acquittals. However if the jury is prejudiced against habitual criminals, its subjective cost of wrongful convictions will be relatively low, and then the jury may impede deterrence by its punitiveness rather than by its lenience. We investigate whether …

The Broward Mental Health Court: Process, Outcomes, And Service Utilization, Roger Boothroyd, Norman Poythress, Annette Christy, John Petrila

Norman Poythress

Mental health courts are one of a variety of special jurisdiction courts that have been created in a number of countries, including the United States (Petrila, 2003). While there is no prototypical mental health court (Steadman, Davidson, & Brown, 2001; Watson, Luchins, & Hanrahan, 2001), most of those in existence today share several common characteristics. These include (a) the creation of a special docket (usually, but not always, nonviolent misdemeanants with mental illness) that is (b) handled by a particular judge, with (c) a primary goal of diverting defendants from the criminal justice system and into treatment (Goldkamp & Irons-Guynn, …

Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown

David C. Brown

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …

Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg

Barry A Krisberg

No abstract provided.

Construct Validity Of The Youth Psychopathic Features Inventory (Ypi) And The Antisocial Process Screening Device (Apsd) With Justice Involved Adolescents, Norman Poythress, Richard Dembo, Jennifer Wareham, Paul Greenbaum

Norman Poythress

Two measures of psychopathic features in youths, the self-report version of the Antisocial Process Screening Device (APSD) and the Youth Psychopathic traits Inventory (YPI) were administered to 165 youths in a juvenile diversion program. For both measures, internal consistency was poor for the scales that assess the affective domain of psychopathic features; otherwise, internal consistency was excellent for the YPI and generally superior to that of the APSD. However, the published three-factor models for both measures did not replicate when examined using confirmatory factor analysis. Both measures obtained the expected correlations with measures of a variety of criminal justice (e.g., …

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky

David A Sklansky

No abstract provided.

The Criminal Law And The Luck Of The Draw, Sanford Kadish

Sanford Kadish

No abstract provided.

Faculty Profile: Mitch Librett - Experience Counts In The Criminal Justice Department, Patricia Fanning

Patricia J. Fanning

No abstract provided.

Lessons From The Broward County Mental Health Court Evaluation, Annette Christy, Roger Boothroyd, Norman Poythress, John Petrila

Norman Poythress

The creation of specialty mental health courts has emerged as a strategy to address the impact of persons with mental illness in the criminal justice system by consolidating the management of certain types of cases into a single court. This article describes an evaluation of the nation's first such court, the Broward County Mental Health Court. The purpose is to alert those who may conduct future evaluations of these types of courts to some of the contextual, logistic, and management features of our evaluation and the challenges we have encountered doing field research in this unique legal setting.

Criminal Recidivism Among Juvenile Offenders: Testing The Incremental And Predictive Validity Of Three Measures Of Psychopathic Features, Kevin Douglas, Monica Epstein, Norman Poythress

Norman Poythress

We studied the predictive, comparative, and incremental validity of three measures of psychopathic features (Psychopathy Checklist: Youth Version [PCL:YV]; Antisocial Process Screening Device [APSD]; Childhood Psychopathy Scale [CPS]) vis-à-vis criminal recidivism among 83 delinquent youth within a truly prospective design. Bivariate and multivariate analyses (Cox proportional hazard analyses) showed that of the three measures, the CPS was most consistently related to most types of recidivism in comparison to the other measures. However, incremental validity analyses demonstrated that all of the predictive effects for the measures of psychopathic features disappeared after conceptually relevant covariates (i.e., substance use, conduct disorder, young age, …

Broward Mental Health Court: Process, Outcomes, And Service Utilization, John Petrila, Norman Poythress, Annette Mcgaha, Roger Boothroyd

Norman Poythress

Mental health courts are one of a variety of special jurisdiction courts that have been created in a number of countries, including the United States (Petrila, 2003). While there is no prototypical mental health court (Steadman, Davidson, & Brown, 2001; Watson, Luchins, & Hanrahan, 2001), most of those in existence today share several common characteristics. These include (a) the creation of a special docket (usually, but not always, nonviolent misdemeanants with mental illness) that is (b) handled by a particular judge, with (c) a primary goal of diverting defendants from the criminal justice system and into treatment (Goldkamp & Irons-Guynn, …

Mental Health Courts: A Workable Proposition?, Sherine Mikhail, Akintunde Akinkunmi, Norman Poythress

Norman Poythress

In the UK the notion of diverting people suffering from mental disorders from the criminal justice system to treatment within the health service is not new (Home Office, 1990), nor is the concept of a court-based psychiatric assessment and liaison service (Joseph & Potter, 1990; James & Hamilton, 1991; Joseph, 1992). Similarly, the concept of ‘specialist’ courts is not a novelty in the USA (Bean, 1998; Schwartz & Schwartz, 1998). We report on the first specialist mental health court in the USA and propose a modification of the current provision of psychiatric services to courts in England and Wales by …

Anti-Inquisitorialism, David Sklansky

David A Sklansky

A broad and enduring theme of Atherican jurisprudence treats the Continental, inquisitorial system of criminal procedure as epitomizing what our system is not; avoiding inquisitorialism has long been thought a core commitment of our legal heritage. This Article examines the various roles that anti-inquisitorialism has played and continues to play in shaping our criminal process, and then it assesses the attractiveness of anti-inquisitorialism as a guiding principle of American law. The Article begins by describing four particularly striking examples of anti-inquisitorialism at work: the Supreme Court's recent reinterpretation of the Confrontation Clause; the Court's invalidation of mandatory sentencing schemes that …

How The Justice System Fails Us After Police Shootings, Caren Morrison

Caren Myers Morrison

No abstract provided.

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …

Out Of The Shadows: The Rise Of Domestic Violence In Australia, Terry Goldsworthy, Matthew Raj

Matthew Raj

Once a hidden crime, domestic violence has in recent years emerged as a mainstream criminal justice issue in Australia. Cases such as Queensland man Gerard Baden-Clay’s murder of his wife Allison and the death of Luke Batty in Victoria at the hands of his father have attracted unprecedented media attention and put the spectre of domestic violence firmly back in the spotlight. But how prevalent is domestic violence and what is the cost to Australian society?

Beyond Territoriality: Transnational Legal Authority In An Age Of Globalization, Günther Handl, Joachim Zekoll, Peer Zumbansen

Peer Zumbansen

Taking “extraterritoriality,” the traditional touchstone for the state-centered allocation of transnational legal authority, as its conceptual starting point the book traces the evolution of transnational legal authority in the course of globalization. It examines various representative transnational legal scenarios, covering issues of, inter alia, the environment, foreign trade and investment, corporate governance, criminal justice, cyberspace, and arms control. The end result is a complex, yet nuanced picture of today’s global governance architecture in which transnational legal authority may be exercised unilaterally or multilaterally; be minimally coordinated internationally or formally institutionalized; reflect a traditional state-centered, a supra-national or “privatized" approach; …

Justice Defiled: Perverts, Potheads, Serial Killers And Lawyers, Alan Young

Alan N. Young

Justice Defiled storms the gates of the criminal justice system to reveal hard truths about the legal community and whom it ultimately serves Justice Defiled confronts the hypocrisy of Canada’s criminal justice system, and Alan Young, a criminal lawyer with 18 years of experience and a professor of Law at Osgoode Hall, calls for change and compassion in a system rife with failures and abuses. Justice is not blind; it is a blunt instrument wielded by the powerful and the elite. Young has vast experience challenging the constitutionality of gambling laws, obscenity laws and drug laws, and knows firsthand the …

Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos

François Tanguay-Renaud

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to …

Unsettled Legacy: Thirty Years Of Criminal Justice Under The Charter, Benjamin Berger, James Stribopoulos

Benjamin L Berger

After thirty years, what effect has the Charter had on the justness of the Canadian criminal justice system? This thought-provoking collection of essays by a group of leading criminal law scholars explores that very question, critically examining the ways in which the Charter has shaped Canadian criminal law and its administration. Edited by Professors Benjamin L. Berger and James Stribopoulos of Osgoode Hall Law School, these essays offer insight into every facet of the Charter's influence over how crimes are defined, investigated and prosecuted. The result is an invaluable resource for scholars, practitioners and judges interested in criminal justice in …