Law Commons^™

Testing An Individual Systems Model Of Response Evaluation And Decision (Red) And Antisocial Behavior Across Adolescence, Reid Griffith Fontaine, Chongming Yang, Kenneth A. Dodge, John E. Bates, Gregory S. Pettit

Reid G. Fontaine

This study examined the bidirectional development of aggressive response evaluation and decision (RED) and antisocial behavior across five time-points in adolescence. Participants (n = 522) were asked to imagine themselves behaving aggressively while viewing videotaped ambiguous provocations, and answered a set of RED questions following each aggressive retaliation (administered at Grades 8 and 11 [13 and 16 years]). Self- and mother-reports of antisocial behavior were collected at Grades 7, 9/10, and 12 (12, 14/15, and 17 years). Using structural equation modeling, we found a partial mediating effect at each hypothesized mediational path, despite high stability of antisocial behavior across adolescence. …

Prosecuting Aggression, Noah Weisbord

Faculty Publications

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference.

Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

Social Information Processing, Subtypes Of Violence, And A Progressive Construction Of Culpability And Punishment In Juvenile Justice, Reid Griffith Fontaine

Reid G. Fontaine

Consistent with core principles of liberal theories of punishment (including humane treatment of offenders, respecting offender rights, parsimony, penal proportionality, and rehabilitation), progressive frameworks have sought to expand doctrines of mitigation and excuse such that culpability and punishment may be reduced. With respect to juvenile justice, scholars have proposed that doctrinal mitigation be broadened, and that adolescents, due to aspects of developmental immaturity (such as decision making capacity), be punished less severely than adults who commit the same crimes. One model of adolescent antisocial behavior that may be useful to a progressive theory of punishment in juvenile justice distinguishes between …

Self-Defense And The Psychotic Aggressor, George P. Fletcher, Luis E. Chiesa

Faculty Scholarship

This brief essay, written for the Criminal Law Conversations Project, examines whether one can justifiably kill a faultless, insane assailant to save oneself or another from imminent and serious harm. Although scholars on both sides of the Atlantic agree that the person attacked should not be punished for defending herself from the psychotic aggressor, there is significant disagreement with regards to whether the defensive response should be considered justified or merely excused. Furthermore, amongst those who argue that the appropriate defense in such cases is a justification, there is disagreement regarding whether the specific ground of acquittal should be self-defense …

Testing An Individual Systems Model Of Response Evaluation And Decision (Red) And Antisocial Behavior Across Adolescence, Reid G. Fontaine

Reid G. Fontaine

This study examined the bidirectional development of aggressive response evaluation and decision (RED) and antisocial behavior across five time points in adolescence. Participants (n5522) were asked to imagine themselves behaving aggressively while viewing videotaped ambiguous provocations and answered a set of RED questions following each aggressive retaliation (administered at Grades 8 and 11 [13 and 16 years, respectively]). Self- and mother reports of antisocial behavior were collected at Grades 7, 9/10, and 12 (12, 14/15, and 17 years, respectively). Using structural equation modeling, the study found a partial mediating effect at each hypothesized mediational path despite high stability of antisocial …