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Full-Text Articles in Law
Delineating Victims From Perpetrators: Prosecuting Self-Produced Child Pornography In Youth Criminal Justice Systems, Bryce Westlake
Delineating Victims From Perpetrators: Prosecuting Self-Produced Child Pornography In Youth Criminal Justice Systems, Bryce Westlake
Faculty Publications
Video recording technology advancements and accessibility has been paralleled by a growth in self-produced child pornography (SPCP). Although social and judicial attention has been given to instances of teenage sexting, Internet-based forms of SPCP, such as webcam/website sex tourism, have almost been ignored. While some of the proposed legislation reform has referenced video-based SPCP, the majority has focused on SPCP distributed through cellular phones; excluding that which is manifested online or through entrepreneurial efforts. The purpose of this article is to introduce non-sexting SPCP, using the case study of Justin Berry (in the United States), and to propose a broad …
The Validity Of Validity In Debra P.: Judicial And Psychometric Perspectives On Test Consequences, Charles Olney, Brent Duckor
The Validity Of Validity In Debra P.: Judicial And Psychometric Perspectives On Test Consequences, Charles Olney, Brent Duckor
Faculty Publications
We explore the uses and functions of ‘validity’ as a boundary marker between legal theory and psychometrics. Standardized testing regimes rely on experts to articulate the limits of validity. When challenged in courts, these limits become the subject of contestation, requiring practitioners to litigate the validity of validity. This process generates significant discontinuities, resulting from different conceptual relationships to the idea of validity. Through a qualitative textual analysis of specific case law and a quantitative examination of Lexis-Nexis database archives, we trace how legal reasoning elides new developments in psychometric research that would broaden and enrich judicial treatments while showing …