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Sample records for adult criminal court

  1. India: Delhi high court annuls law criminalizing adult homosexual relations.

    PubMed

    Skanland, Celeste A

    2009-12-01

    In what is considered by many to be a landmark decision on equality and non-discrimination in India, the Delhi High Court declared in July 2009 that Section 377 of the Indian Penal Code, which criminalizes people who engage in "unnatural offences", violates the rights to equality, freedom from discrimination, and life and personal liberty, pursuant to the India Constitution (Constitution). The court also agreed with the petitioner in the case that the law severely impairs HIV/AIDS prevention efforts by discouraging men who have sex with men (MSM) from participating for fear of stigma, discrimination and police abuse under the guise of enforcing the Section.

  2. Contesting Childhood in the US Justice System: The Transfer of Juveniles to Adult Criminal Court

    ERIC Educational Resources Information Center

    Shook, Jeffrey J.

    2005-01-01

    Recent legislative enactments have altered the boundary between US juvenile and criminal justice systems. Youth that were previously adjudicated as juveniles are increasingly being labeled "adults" and tried in the criminal court. This article begins with a review of policy and practice changes in the transfer of children to the criminal…

  3. Juveniles Arrested for Serious Felony Crimes in Oregon and "Remanded" to Adult Criminal Courts: A Statistical Study.

    ERIC Educational Resources Information Center

    Heuser, James Paul

    This document concerns the problem of juveniles arrested for or accused of serious criminal acts who are referred out of the juvenile justice system and into the adult criminal court system. The first section discusses the identification of the juvenile remand cases including their arrests, proportion of males, ethnic background, ages, and…

  4. Juvenile Felony Defendants in Criminal Courts. State Court Processing Statistics, 1990-94. Bureau of Justice Statistics Special Report.

    ERIC Educational Resources Information Center

    Strom, Kevin J.; Smith, Steven K.; Snyder, Howard N.

    This report provides statistics about juveniles in the criminal justice system, whether handled as adults in criminal courts or handled in juvenile courts. In the 75 largest U.S. counties, juveniles transferred to criminal courts represented about 1% of all felony defendants. Two thirds of juveniles transferred to criminal court were charged with…

  5. Header: Do adult DTC programs prevent child maltreatment? Parental criminal justice involvement and children’s involvement with child protective services: Do adult drug treatment courts prevent child maltreatment?

    PubMed Central

    Eldred, Lindsey M.; Sloan, Frank A.; Evans, Kelly E.

    2016-01-01

    Background In light of evidence showing reduced criminal recidivism and cost savings, adult drug treatment courts have grown in popularity. However, the potential spillover benefits to family members are understudied. Objectives To examine: 1) the overlap between parents who were convicted of a substance-related offense and their children’s involvement with child protective services (CPS); and 2) whether parental participation in an adult drug treatment court program reduces children’s risk for CPS involvement. Methods Administrative data from North Carolina courts, birth records, and social services were linked at the child level. First, children of parents convicted of a substance-related offense were matched to (a) children of parents convicted of a non-substance-related offense and (b) those not convicted of any offense. Second, we compared children of parents who completed a DTC program with children of parents who were referred but did not enroll, who enrolled for <90 days but did not complete, and who enrolled for 90+ days but did not complete. Multivariate logistic regression was used to model group differences in the odds of being reported to CPS in the one to three years following parental criminal conviction or, alternatively, being referred to a DTC program. Results Children of parents convicted of a substance-related offense were at greater risk of CPS involvement than children whose parents were not convicted of any charge, but DTC participation did not mitigate this risk. Conclusion/Importance The role of specialty courts as a strategy for reducing children’s risk of maltreatment should be further explored. PMID:26789656

  6. A Criminal Case in the Chinese Courts.

    ERIC Educational Resources Information Center

    Feinerman, James V.

    1992-01-01

    Describes a criminal case decided in the People's Republic of China in March 1991. Discusses the development of the modern Chinese legal system. Compares criminal law in China and the United States. (CFR)

  7. War Crimes Tribunals: A Permanent Criminal Court?

    ERIC Educational Resources Information Center

    Dorsey, James E.; Rudelius-Palmer, Kristi

    1997-01-01

    Reports on the establishment and jurisdiction of war crimes tribunals in recent years. The tribunals, established and supported by the United Nations, investigate atrocities and other crimes committed during wartime. Discusses the tribunals in Rwanda and Yugoslavia, and the political opposition to the establishment of a permanent court. (MJP)

  8. Systematic review of the impact of adult drug treatment courts

    PubMed Central

    Brown, Randall T.

    2010-01-01

    The U.S. correctional system is overburdened by individuals suffering from substance use disorders. These illnesses also exact a heavy toll in individual and public health and well-being. Effective methods for reducing the negative impact of substance use disorders comprise critical concerns for policy makers. Drug court treatment programs (DTCs) are present in over 1800 county, tribal, and territorial jurisdictions in the United States, as an alternative to incarceration for offenders with substance use disorders. This review article summarizes available descriptive information on representative drug treatment court populations, summarizes observational studies of drug court participants, and specifically reviews available experimental effectiveness literature on drug treatment courts. The review concludes by examining limitations of the current literature, challenges to conducting research in drug court samples, and potential future directions for research on drug treatment court interventions. Review of non-experimental and quasi-experimental literature regarding the impact of drug treatment courts point toward benefit vs. traditional adjudication in averting future criminal behavior and in reducing future substance use, at least in the short term. Randomized effectiveness studies of drug treatment courts are scant (three identified in the literature on U.S. adult drug courts), and methodological issues arise in combining their findings. These randomized trials failed to demonstrate consistent effect upon re-arrest rates for drug-involved offenders participating in drug treatment court vs. typical adjudication. The two studies examining reconviction and reincarceration, however, demonstrated reductions for the drug treatment court group vs. those typically adjudicated. PMID:20478542

  9. Estimating the differential costs of criminal activity for juvenile drug court participants: challenges and recommendations.

    PubMed

    McCollister, Kathryn E; French, Michael T; Sheidow, Ashli J; Henggeler, Scott W; Halliday-Boykins, Colleen A

    2009-01-01

    Juvenile drug court (JDC) programs have expanded rapidly over the past 20 years and are an increasingly popular option for rehabilitating juvenile offenders with substance use problems. Given the high cost of crime to society, an important economic question is whether and to what extent JDC programs reduce criminal activity among juvenile offenders. To address this question, the present study added an economic cost analysis to an ongoing randomized trial of JDC conducted in Charleston, South Carolina. Four treatment conditions were included in the parent study: Family Court with usual community-based treatment (FC, the comparison group), Drug Court with usual community-based treatment (DC), DC with Multisystemic Therapy (DC/MST), and DC/MST enhanced with Contingency Management (DC/MST/CM). The economic study estimated the cost of criminal activity for nine specific crimes at baseline (pretreatment) and 4 and 12 months thereafter. A number of methodological challenges were encountered, suggesting that it may be more difficult to economically quantify frequency and type of criminal activity for adolescents than for adults. The present paper addresses methodological approaches and challenges, and proposes guidelines for future economic evaluations of adolescent substance abuse and crime prevention programs.

  10. Forensic DNA phenotyping in criminal investigations and criminal courts: assessing and mitigating the dilemmas inherent in the science.

    PubMed

    MacLean, Charles E; Lamparello, Adam

    2014-01-01

    Forensic DNA Phenotyping ("FDP"), estimating the externally visible characteristics ("EVCs") of the source of human DNA left at a crime scene, is evolving from science fiction toward science fact. FDP can already identify a source's gender with 100% accuracy, and likely hair color, iris color, adult height, and a number of other EVCs with accuracy rates approaching 70%. Patent applications have been filed for approaches to generating 3D likenesses of DNA sources based on the DNA alone. Nonetheless, criminal investigators, particularly in the United States, have been reticent to apply FDP in their casework. The reticence is likely related to a number of perceived and real dilemmas associated with FDP: is FDP racial profiling, should we test unknown and unseen physical conditions, does testing for behavioral characteristics impermissibly violate the source's privacy, ought testing be permitted for samples from known sources or DNA databases, and should FDP be limited to use in investigations only or is FDP appropriate for use in a criminal court. As this article explains, although those dilemmas are substantive, they are not insurmountable, and can be quite easily managed with appropriate regulation and protocols. As FDP continues to develop, there will be less need for criminal investigators to shy away from FDP. Cold cases, missing persons, and victims in crimes without other evidence will one day soon all be well served by FDP.

  11. Predicting Adult Offenders' Criminal Trajectories from Their Juvenile Criminal Trajectories.

    ERIC Educational Resources Information Center

    Day, David M.; Bevc, Irene; Rosenthal, Jeffrey S.; Duchesne, Thierry; Rossman, Lianne; Theodor, Frances

    This study examined the relationship between adolescent (10-17 years) criminal offending and adult (18-33 years) offending. The sample comprised 378 Canadian male offenders whose criminal trajectory was tracked for an average of 12.1 years, from adolescence into adulthood. Their man age at the time of the most recent follow-up was 27.5 years. The…

  12. At the Supreme Court.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2000-01-01

    States that in the past juvenile courts afforded children with fewer rights than criminal courts accorded to adults accused of the same crimes. Reviews three U.S. Supreme Court cases that affirmed the constitutional rights of juvenile offenders and changed juvenile court proceedings. Discusses whether the juvenile death penalty violates…

  13. Can neurological evidence help courts assess criminal responsibility? Lessons from law and neuroscience.

    PubMed

    Aharoni, Eyal; Funk, Chadd; Sinnott-Armstrong, Walter; Gazzaniga, Michael

    2008-03-01

    Can neurological evidence help courts assess criminal responsibility? To answer this question, we must first specify legal criteria for criminal responsibility and then ask how neurological findings can be used to determine whether particular defendants meet those criteria. Cognitive neuroscience may speak to at least two familiar conditions of criminal responsibility: intention and sanity. Functional neuroimaging studies in motor planning, awareness of actions, agency, social contract reasoning, and theory of mind, among others, have recently targeted a small assortment of brain networks thought to be instrumental in such determinations. Advances in each of these areas bring specificity to the problems underlying the application of neuroscience to criminal law.

  14. Battered women's perceptions of civil and criminal court helpfulness: the role of court outcome and process.

    PubMed

    Bell, Margret E; Perez, Sara; Goodman, Lisa A; Dutton, Mary Ann

    2011-01-01

    Although most battered women seeking formal help have some contact with court, limited research exists on what they find helpful and harmful about these experiences. Using qualitative data from low-income, largely Black battered women, this study finds that issues related to court outcomes, such as case disposition and enforcement, are important to evaluations of helpfulness. More frequently mentioned, however, are court processes, including treatment by staff, process length, and public disclosure. Results highlight the importance of research and practice attending to issues beyond court outcomes, as well as the potential impact supportive treatment at court may have for victims' recovery.

  15. Recent victimization experiences and continued criminal behaviors: what are the links for adult drug-involved offenders?

    PubMed

    Zweig, Janine M; Yahner, Jennifer; Rossman, Shelli B

    2012-01-01

    Using data from the multi-site adult drug court evaluation (MADCE), we examined the relationship between recent victimization experiences and the likelihood of subsequent criminal behavior among a sample of adult drug-involved offenders. The MADCE data used in this study involved interviews with 674 men and 284 women at baseline and then, 18 months later. Multilevel modeling showed that physical victimizations in the year before baseline, but not sexual victimization experiences, were associated with self-reported criminal offending behavior 18 months later. All relationships held true despite controlling for respondents' demographic, criminal history, prior drug-related characteristics, and their participation in a drug court or comparison site program.

  16. Teaching "The Reckoning": Understanding the International Criminal Court. A Facing History and Ourselves Study Guide

    ERIC Educational Resources Information Center

    Kanner, Elisabeth Fieldstone

    2010-01-01

    Facing History and Ourselves has developed "Teaching The Reckoning" to help classrooms explore essential questions about judgment by studying the creation of the International Criminal Court. Ever since the Nuremberg Trials, individuals around the world have imagined how an international judicial body could be used to prevent genocide,…

  17. South Africa: constitutional court rejects constitutional challenge to law criminalizing prostitution.

    PubMed

    Nelson, John

    2003-04-01

    On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the client guilty of a criminal offence was discriminatory and should be struck down.

  18. The National Manpower Survey of the Criminal Justice System. Volume Four: Courts.

    ERIC Educational Resources Information Center

    National Planning Association, Washington, DC.

    Focusing on adjudication manpower (judges, prosecutors, public defenders, court administrators, and probation officers), this document is one in a series of six volumes reporting the results of the National Manpower Survey (NMS) of the Criminal Justice System. Chapter 1 of six chapters summarizes the major results and recommendations of an…

  19. Definition of Intellectual Disability in Criminal Court Cases

    ERIC Educational Resources Information Center

    Olley, J. Gregory

    2013-01-01

    Definitions and associated descriptions of the condition now commonly known as "intellectual disability" serve many functions. The "Atkins v. Virginia" U.S. Supreme Court decision (2002) has called attention to the importance of clear, objective, and measureable wording of the definition. This article discusses the potential for misunderstanding…

  20. A look at court appointed psychiatric evaluations in Israel with special reference to criminal liability.

    PubMed

    Durst, R; Jabotinsky-Rubin, K; Ginath, Y

    1993-01-01

    This article presents the data collected from 128 court appointed psychiatric evaluations (CAPEs) and their analysis. Issues addressed are: the link between type of criminal offence and mental disorder; rate of recidivism; efficacy of the early detection and follow-up systems; inherent psychiatric dilemmas; unacceptable lacuna in information recorded in the CAPEs; and the babel of legal and psychiatric terms. We advocate that a combined effort be made by the legal and psychiatric fraternities to create a uniform and standardized CAPE.

  1. Effectiveness of a short-term mental health court: criminal recidivism one year postexit.

    PubMed

    Hiday, Virginia Aldigé; Wales, Heathcote W; Ray, Bradley

    2013-12-01

    This article investigated criminal recidivism 1 year postexit from a mental health court (MHC), which has, unlike prior MHCs studied, relatively short periods of court supervision. It benefits from a federal pretrial services agency that screens all arrestees for mental illness and dedicates a specialized supervision unit (SSU) to provide supervision and services while on pretrial release to all screened positive, including MHC participants. We compared criminal activity prior to key arrest with criminal activity post court disposition in MHC participants (N = 408) and MHC-eligible mentally ill arrestees in SSU (N = 687) receiving the same supervision and services while controlling for possible confounders. The proportion of MHC participants arrested was significantly lower in the year after MHC exit and significantly lower than that of the comparison group. They also averaged fewer rearrests and had a longer time to rearrest. MHC graduates made the greatest gains and accounted for the recidivism differences between MHC participants and the comparison group. This study adds to the accumulating evidence of the effectiveness of MHCs in reducing recidivism among offenders with severe mental illness.

  2. Juvenile Court: Today and Tomorrow.

    ERIC Educational Resources Information Center

    Update on Law-Related Education, 2000

    2000-01-01

    Discusses whether juveniles who commit criminal law violations should be tried in the same courts as adults. Addresses the issue of transfers that is a legal mechanism used to move youth to criminal court. Considers alternative proposals for handling youth brought to the judicial system and the role of the federal government. (CMK)

  3. 32 CFR Appendix A to Part 150 - Format for Direction for Review in a Court of Criminal Appeals

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 1 2011-07-01 2011-07-01 false Format for Direction for Review in a Court of Criminal Appeals A Appendix A to Part 150 National Defense Department of Defense OFFICE OF THE SECRETARY OF... PROCEDURE Pt. 150, App. A Appendix A to Part 150—Format for Direction for Review in a Court of...

  4. Child maltreatment and adult criminal behavior: does criminal thinking explain the association?

    PubMed

    Cuadra, Lorraine E; Jaffe, Anna E; Thomas, Renu; DiLillo, David

    2014-08-01

    Criminal thinking styles were examined as mediational links between different forms of child maltreatment (i.e., sexual abuse, physical abuse, and physical neglect) and adult criminal behaviors in 338 recently adjudicated men. Analyses revealed positive associations between child sexual abuse and sexual offenses as an adult, and between child physical abuse/neglect and endorsing proactive and reactive criminal thinking styles. Mediation analyses showed that associations between overall maltreatment history and adult criminal behaviors were accounted for by general criminal thinking styles and both proactive and reactive criminal thinking. These findings suggest a potential psychological pathway to criminal behavior associated with child maltreatment. Limitations of the study as well as research and clinical implications of the results are discussed.

  5. Impeaching Rape Victims in Criminal Court: Does Concurrent Civil Action Hurt Justice?

    PubMed

    Golding, Jonathan M; Lynch, Kellie R; Wasarhaley, Nesa E

    2015-05-05

    The present study investigated the impact of impeaching a rape victim with evidence of a simultaneous civil suit during a criminal trial. In three experiments, male and female undergraduates (Experiment 1) and community members (Experiments 2 and 3) read a rape trial summary in which the victim accused the defendant of raping her in a hotel. In the impeachment condition, the Defense mentioned that the victim simultaneously sued either the hotel (Experiments 1, 2, 3) or the alleged perpetrator (Experiment 3) for US$1 million. In the control condition, the Defense did not mention a civil suit. In all experiments, mock jurors were more likely to render not guilty verdicts and had higher pro-defendant ratings (e.g., defendant credibility) when the Defense impeached the victim than when the Defense did not impeach her. In addition, victim credibility (Experiments 1, 2, 3) and victim greed (Experiment 3) mediated the impact of impeachment on verdict. Results are discussed in terms of the prejudice rape victims may face in criminal court when they also seek justice in civil court.

  6. Does Type of Child Risk Affect Whether Mothers Seek Assistance for Intimate Partner Violence From Civil or Criminal Court?

    PubMed

    Palmer, Jane E; Renner, Lynette M; Goodman, Lisa A; Dutton, Mary Ann

    2016-03-01

    We examined whether risks to children of intimate partner violence survivors affected the type of legal assistance accessed. We hypothesized that the level and type of perceived child risk would be associated with whether women sought a protection order in civil court or filed charges against a current or former intimate partner in criminal court. Using data from a sample of predominantly African American women (N=293), we found that some forms of child risk were positively associated with seeking a civil order of protection but negatively associated with pressing criminal charges. Implications for practice, policy, and future research are presented.

  7. Young Offenders' Diagnoses as Predictors of Subsequent Adult Criminal Behaviour.

    ERIC Educational Resources Information Center

    Bevc, Irene; Duchesne, Thierry; Rosenthal, Jeffrey; Rossman, Lianne; Theodor, Frances; Sowa, Edward

    This longitudinal study of 248 male offenders examined the relationship between psychiatric disorders, diagnosed in adolescence, and subsequent adult criminal activity. Criminal offences were tracked for an average of 8.7 years from age 18-33. Cox Proportional Intensity regression analyses were conducted to predict the rates of adult offending of…

  8. Predictors of Criminal Justice Outcomes Among Mental Health Courts Participants: The Role of Perceived Coercion and Subjective Mental Health Recovery.

    PubMed

    Pratt, Christina; Yanos, Philip T; Kopelovich, Sarah L; Koerner, Joshua; Alexander, Mary Jane

    2013-04-01

    Internationally, one effort to reduce the number of people with serious mental illness (SMI) in jails and prisons is the development of Mental Health Courts (MHC). Research on MHCs to date has been disproportionately focused on the study of recidivism and re-incarceration over the potential of these problem-solving courts to facilitate mental health recovery and affect the slope or gradient of opportunity for recovery. Despite the strong conceptual links between the MHC approach and the recovery-orientation in mental health, the capacity for MHCs to facilitate recovery has not been explored. This user-informed mental health and criminal justice (MH/CJ) community based participatory (CBPR) study assesses the extent to which MHC practices align with recovery-oriented principles and may subsequently affect criminal justice outcomes. We report on the experiences and perceptions of 51 MHC participants across four metropolitan Mental Health Courts. Specifically, the current study assesses: 1) how defendants' perceptions of court practices, particularly with regard to procedural justice and coercion, relate to perceptions of mental health recovery and psychiatric symptoms, and, 2) how perceptions of procedural justice and mental health recovery relate to subsequent criminal justice outcomes. The authors hypothesized that perceived coercion and mental health recovery would be inversely related, that perceived coercion would be associated with worse criminal justice outcomes, and perceptions of mental health recovery would be associated with better criminal justice outcomes. Results suggest that perceived coercion in the MHC experience was negatively associated with perceptions of recovery among MHC participants. Perceptions of "negative pressures," a component of coercion, were important predictors of criminal justice involvement in the 12 month period following MHC admission, even when controlling for other factors that were related to criminal justice outcomes, and that

  9. Sentencing convicted juvenile felony offenders in the adult court: the direct effects of race.

    PubMed

    Howell, Rebecca J; Hutto, Tonya Spicer

    2012-01-01

    While research indicates that Black and Hispanic adults sentenced in the criminal court tend to be rendered more severe punishments than their White counterparts, only one prior study has examined whether this finding holds for juveniles tried in the adult system. The findings from this sole study need replication, however, since the effects posed by trial type were not taken into account and it is likely that the results are confounded by measurement error resulting from overlap in criminal sentencing. The current study addressed these issues by assessing whether race has a direct impact on waived juveniles being criminally sentenced to restitution, probation, or jail. Data were derived from a secondary, cross-sectional national dataset on felony juvenile offenders convicted in the adult system. Three hypotheses were tested. After controlling for a number of important legal and extra-legal predictors of sentencing, race differences in sentencing outcomes were observed and the findings yielded partial support for the hypotheses. The implications of the research are noted.

  10. The structural linguistic complexity of lawyers' questions and children's responses in Scottish criminal courts.

    PubMed

    Andrews, Samantha J; Lamb, Michael E

    2017-02-08

    In the first study to systematically assess the structural linguistic complexity of lawyers' questions of children in Scotland, we examined 56 trial transcripts of 5- to 17-year-old children testifying as alleged victims of sexual abuse. Complexity was assessed using 8 quantitative measures of each utterance's components (number of questions, phrases, clauses, sentences, false starts, average word count, word length, and sentence length) and a composite measure was used in the analyses. Lawyers did not alter the complexity of questions when prompting children of different ages. Defense lawyers asked more structurally complex questions than prosecutors. Directive questions were the least structurally complex questions, followed by option-posing questions. Suggestive questions, followed by invitations, were the most structurally complex questions. Option-posing and suggestive questions were more complex when asked by defense lawyers than prosecutors. Of suggestive questions, confrontation and tagged questions were more complex than any other question type. Increased structural complexity led to more unresponsiveness, more expressions of uncertainty, and more self-contradictions regardless of which lawyer asked, the question type, or the children's ages. These findings highlight the additional risks associated with asking some types of questions in structurally complex ways and highlight the need for further innovations (e.g., the use of intermediaries) to facilitate the questioning of vulnerable witnesses in Scottish criminal courts.

  11. Children's knowledge of court proceedings.

    PubMed

    Flin, R H; Stevenson, Y; Davies, G M

    1989-08-01

    This paper describes a study of children's legal vocabulary and their knowledge of criminal court procedures. Subjects (aged six, eight, 10 years and adults) were also asked about their feelings regarding a hypothetical court appearance as a witness. All subjects, children and adults, performed best on a vocabulary recognition section, with descriptions and concepts proving more difficult. Observed developmental trends in both legal vocabulary and conceptual appreciation of criminal law replicates previous work from Australia and America and supports the contention that children younger than 10 years are not well informed about the legal system. Results indicated clear deficits in knowledge as well as frequent misconceptions regarding legal personnel and procedures.

  12. Adverse Childhood Experiences and Adult Criminality: How Long Must We Live before We Possess Our Own Lives?

    PubMed Central

    Reavis, James A; Looman, Jan; Franco, Kristina A; Rojas, Briana

    2013-01-01

    Background: Empirical research associated with the Kaiser Permanente and Centers for Disease Control and Prevention Adverse Childhood Experiences (ACE) Study has demonstrated that ACE are associated with a range of negative outcomes in adulthood, including physical and mental health disorders and aggressive behavior. Methods: Subjects from 4 different offender groups (N = 151) who were referred for treatment at an outpatient clinic in San Diego, CA, subsequent to conviction in criminal court, completed the ACE Questionnaire. Groups (nonsexual child abusers, domestic violence offenders, sexual offenders, and stalkers) were compared on the incidence of ACE, and comparisons were made between the group offenders and a normative sample. Results: Results indicated that the offender group reported nearly four times as many adverse events in childhood than an adult male normative sample. Eight of ten events were found at significantly higher levels among the criminal population. In addition, convicted sexual offenders and child abusers were more likely to report experiencing sexual abuse in childhood than other offender types. Conclusions: On the basis of a review of the literature and current findings, criminal behavior can be added to the host of negative outcomes associated with scores on the ACE Questionnaire. Childhood adversity is associated with adult criminality. We suggest that to decrease criminal recidivism, treatment interventions must focus on the effects of early life experiences. PMID:23704843

  13. The International Criminal Court as a Component of U.S. National Security Strategy

    DTIC Science & Technology

    2012-04-21

    Congress further objected to the ICC as not allowing for basic rights guaranteed U.S. citizens, including the right to a trial by jury.52 As well...Publishers 2005). 22 domestic courts exercising jurisdiction and conducting a trial . The United States favors national courts as the answer to this...mechanisms mitigate those possibilities. The review and oversight performed by the ICC Pre- Trial Chamber (PTC) diminishes the possibility of such an

  14. Lies, damned lies, and DNA statistics: DNA match testing Bayes' Theorem, and the criminal courts.

    PubMed

    Jowett, C

    2001-07-01

    This study explains the correct method for the interpretation of DNA matches by using Bayesian Probability, and its various traps: the DNA fallacies. The current approach of the Court of Appeal to the use and presentation of DNA evidence is outlined. A new Bayesian Fallacy is explored. Specific focus is on Norman Fenton and Martin Neil's recent research (Fenton and Neil, 2000) which suggests a new dimension in the presentation of DNA evidence in court.

  15. An analysis of causative factors in closed criminal medical malpractice cases of the Taiwan Supreme Court: 2000-2014.

    PubMed

    Wu, Kuan-Han; Cheng, Shih-Yu; Yen, Yung-Lin; Wu, Chien-Hung; Tsai, Ming-Ta; Cheng, Fu-Jen

    2016-11-01

    Most medical malpractice in Taiwan leads to criminal prosecution. This study examined the epidemiologic factors and clinical errors that led to medical malpractice convictions in Taiwanese criminal prosecutions. A retrospective, 15-year population-based review of criminal Supreme Court judgments pertaining to medical malpractice against physicians and nurses was conducted. Eighty-four cases were reviewed, yielding data that included the number and specialty involved, accused hospitals, the diagnosis, the time interval between incidents to closure, result of adjudication, the origin of cases (private vs. public prosecution), the result of medical appraisal, and the primary error. Overall, the cases averaged 7.6years to achieve final adjudication. Seventy-five percent were settled in favor of the clinician; twenty-three physicians and three nurses were found guilty, but all of these avoided imprisonment via probation or replacement with forfeit. The single most risky specialty was emergency medicine (22.6% of the cases), with 36.8% of those resulting in guilty verdicts. The most common diagnosis groups were infectious diseases (23.8%), intracranial hemorrhages (10.7%), and acute coronary syndrome (9.5%). Public prosecutions had a 41.2% conviction rate; no guilty verdicts resulted from private prosecution. Nineteen (22.6%) cases were commuted, and 73.7% of those had a controversial appraisal result. The characteristics of criminal malpractice prosecution in Taiwan that could be improved to relieve the stress of frivolous lawsuits on the judicial process include lengthy jurisdiction process; low public-prosecution conviction rate; frequent commuted jurisdiction related to a controversial appraisal; and zero imprisonment rate for clinicians.

  16. Differential effects of adult court transfer on juvenile offender recidivism.

    PubMed

    Loughran, Thomas A; Mulvey, Edward P; Schubert, Carol A; Chassin, Laurie A; Steinberg, Laurence; Piquero, Alex R; Fagan, Jeffrey; Cota-Robles, Sonia; Cauffman, Elizabeth; Losoya, Sandy

    2010-12-01

    Prior research indicates that adolescent offenders transferred to adult court are more likely to recidivate than those retained in the juvenile system. The studies supporting this conclusion, however, are limited in addressing the issue of heterogeneity among transferred adolescents. This study estimates the effect of transfer on later crime using a sample of 654 serious juvenile offenders, 29% of whom were transferred. We use propensity score matching to reduce potential selection bias, and we partition the sample on legal characteristics to examine subgroup effects. We find an overall null effect of transfer on re-arrest, but evidence of differential effects of transfer for adolescents with different offending histories. These results suggest that evaluating the effects of transfer for all transferred adolescents together may lead to misguided policy conclusions.

  17. Food allergy, a summary of eight cases in the UK criminal and civil courts: effective last resort for vulnerable consumers?

    PubMed

    Gowland, M Hazel; Walker, Michael J

    2015-08-15

    Food allergy has a forensic context. The authors describe eight cases in the UK courts involving fatalities, personal injury or criminal non-compliance with food law from mainly 'grey' literature sources. The potentially severe consequences for people with food allergy of contraventions of labelling law have led to enforcement action up to criminal prosecution for what might otherwise be regarded as 'trivial' non-compliance. The authors suggest there should be central collation of such cases. Non-compliances should be followed up in a more rapid and robust manner. Evidence of fraud in the catering supply chain supports recent calls for zero tolerance of food fraud. Businesses must guard against gaps in allergen management, for which there are readily available sources of training and guidance, but also against fraudulent substitution in the supply chain, about which training and guidance should be developed. New allergen labelling legislation and case law appear to place responsibility on food businesses even for the forensically problematic area of allergen cross-contamination. The courts can be an effective last resort for vulnerable consumers; however, there is evidence of knowledge and skill gaps in both the investigation and prosecution of potentially serious incidents of food allergen mismanagement and mislabelling. Thorough investigation of food allergy deaths is required with a tenacious and skilled approach, including early realisation that samples of the food and/or stomach contents from a post mortem examination should be retained and analysed. The supply chain must be rigorously examined to find out where adulteration or contamination with the fatal allergen occurred.

  18. Treatment Services in Adult Drug Courts: Report on the 1999 National Drug Court Treatment Survey. Drug Courts Resource Series.

    ERIC Educational Resources Information Center

    Pexton, Elizabeth A.; Gossweiler, Robert

    In October 1999, National Treatment Accountability for Safer Communities (TASC), in cooperation with the Office of Justice Programs, Drug Courts Program Office and the Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment, developed and distributed a questionnaire designed to describe substance abuse…

  19. The legal aspects of conditional release in the criminal and civil court system.

    PubMed

    Weinstein, Naomi M

    2014-09-01

    This article considers the legal implications of conditional release in both the civil and criminal parts of the law. In the criminal context, conditional release takes the form of probation and parole. It also involves persons who are found to be incompetent to stand trial or not guilty by reason of insanity. In the civil context, conditional release exists for persons with mental illness and sex offenders who face mandatory outpatient treatment. The public policy behind conditional release is to allow certain persons the least restrictive alternative with proper oversight that will prevent the person from recidivating or being re-hospitalized. Conditional release is also used as a cost-saving mechanism in response to the overwhelming costs of incarceration and hospitalization. This article explores the issues of professional liability, third party liability, and individual rights in relation to conditional release. This article also addresses public policy concerns with conditional release and examines conditional release from a therapeutic jurisprudence perspective.

  20. Risk factors for adult male criminality in Colombia.

    PubMed

    Klevens, Joanne; Roca, Juanita; Restrepo, Ofelia; Martinez, Adriana

    2001-01-01

    OBJECTIVES: This study sought to establish, in Colombia, the importance of factors alleged to be causes or correlates of adult criminality according to the published literature from other countries. METHODS: A comparison was made of arrested male offenders from ages 18 to 30 (n = 223) and similar community controls (n = 222) selected from five cities in Colombia as to their family background, exposure to abuse, family stressors, perceived care and history of childhood disruptive behaviour problems. RESULTS: Compared with neighbourhood controls from similar social classes, offenders were significantly more likely to report having had parents with less education, a mother under the age of 18 or over the age of 35 at time of birth, family members involved in crime, experiencing extreme economic deprivation, parental absence, family conflict, severe punishments, physical abuse, and maternal unavailability, rejection and lack of supervision. Prevalence of childhood disruptive behaviour problems was similar among offenders and controls. These findings appear to be independent of economic status, family size or type, birth order, or primary caregiver. Although the independent contribution of most of these factors is small, once all others have been controlled for, their cumulative effect is strong. CONCLUSIONS: The findings obtained in this Latin American setting do not support the generalized view that adult antisocial behaviour is necessarily preceded by a history of childhood behaviour problems. However, they do add evidence for the importance of family factors in the risk for adult criminality.

  1. Intergenerational effects of parental substance-related convictions and adult drug treatment court participation on children’s school performance

    PubMed Central

    Gifford, Elizabeth J.; Sloan, Frank A.; Evans, Kelly E.

    2015-01-01

    Objective This study examined the intergenerational effects of parental conviction of a substance-related charge on children’s academic performance and, conditional on a conviction, whether completion of an adult drug treatment court (DTC) program was associated with improved school performance. Method State administrative data from North Carolina courts, birth records, and school records were linked for 2005–12. Math and reading end-of-grade test scores and absenteeism were examined for 5 groups of children, those with parents who: were not convicted on any criminal charge, were convicted on a substance-related charge and not referred by a court to a DTC, were referred to a DTC but did not enroll, enrolled in a DTC but did not complete, and completed a DTC program. Results Accounting for demographic and socioeconomic factors, the school performance of children whose parents were convicted of a substance-related offense was worse than that of children whose parents were not convicted on any charge. These differences were statistically significant but substantially reduced after controlling for socioeconomic characteristics, e.g., mother’s educational attainment. We found no evidence that parent participation in an adult DTC program led to improved school performance of their children. Conclusion While the children of convicted parents fared worse on average, much—but not all—of this difference was attributed to socioeconomic factors, with the result that parental conviction remained a risk factor for poorer school performance. Even though adult DTCs have been shown to have other benefits, we could detect no intergenerational benefit in improved school performance of their children. PMID:26460705

  2. Domestic violence screening and service acceptance among adult victims in a dependency court setting.

    PubMed

    Rivers, James E; Maze, Candice L; Hannah, Stefanie A; Lederman, Cindy S

    2007-01-01

    Many child welfare systems are unable to effectively identify and address co-occurring domestic violence and child maltreatment. In response, the Dependency Court Intervention Program for Family Violence implemented a protocol to identify indicators of domestic violence in families involved with child protection proceedings. This article highlights data that demonstrate the ability of an outreach and screening process to identify adult victims of domestic violence in dependency court and to offer them appropriate intervention services.

  3. The identification and management of ADHD offenders within the criminal justice system: a consensus statement from the UK Adult ADHD Network and criminal justice agencies.

    PubMed

    Young, Susan J; Adamou, Marios; Bolea, Blanca; Gudjonsson, Gisli; Müller, Ulrich; Pitts, Mark; Thome, Johannes; Asherson, Philip

    2011-02-18

    The UK Adult ADHD Network (UKAAN) was founded by a group of mental health specialists who have experience delivering clinical services for adults with Attention Deficit Hyperactivity Disorder (ADHD) within the National Health Service (NHS). UKAAN aims to support mental health professionals in the development of services for adults with ADHD by the promotion of assessment and treatment protocols. One method of achieving these aims has been to sponsor conferences and workshops on adult ADHD.This consensus statement is the result of a Forensic Meeting held in November 2009, attended by senior representatives of the Department of Health (DoH), Forensic Mental Health, Prison, Probation, Courts and Metropolitan Police services. The objectives of the meeting were to discuss ways of raising awareness about adult ADHD, and its recognition, assessment, treatment and management within these respective services. Whilst the document draws on the UK experience, with some adaptations it can be used as a template for similar local actions in other countries. It was concluded that bringing together experts in adult ADHD and the Criminal Justice System (CJS) will be vital to raising awareness of the needs of ADHD offenders at every stage of the offender pathway. Joint working and commissioning within the CJS is needed to improve awareness and understanding of ADHD offenders to ensure that individuals are directed to appropriate care and rehabilitation. General Practitioners (GPs), whilst ideally placed for early intervention, should not be relied upon to provide this service as vulnerable offenders often have difficulty accessing primary care services. Moreover once this hurdle has been overcome and ADHD in offenders has been identified, a second challenge will be to provide treatment and ensure continuity of care. Future research must focus on proof of principle studies to demonstrate that identification and treatment confers health gain, safeguards individual's rights, improves

  4. 32 CFR Appendix A to Part 150 - Format for Direction for Review in a Court of Criminal Appeals

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...-martial) appointed by (convening authority) To the Honorable, the Judges of the United States ______ Court... (type of court-martial) of a violation of Article(s) ____ of the Uniform Code of Military Justice, and... exercising general court-martial jurisdiction (where applicable) took the following action: ______. The...

  5. 32 CFR Appendix A to Part 150 - Format for Direction for Review in a Court of Criminal Appeals

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...-martial) appointed by (convening authority) To the Honorable, the Judges of the United States ______ Court... (type of court-martial) of a violation of Article(s) ____ of the Uniform Code of Military Justice, and... exercising general court-martial jurisdiction (where applicable) took the following action: ______. The...

  6. 32 CFR Appendix A to Part 150 - Format for Direction for Review in a Court of Criminal Appeals

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...-martial) appointed by (convening authority) To the Honorable, the Judges of the United States ______ Court... (type of court-martial) of a violation of Article(s) ____ of the Uniform Code of Military Justice, and... exercising general court-martial jurisdiction (where applicable) took the following action: ______. The...

  7. Educational Alliance: The Importance of Relationships in Adult Education with Court-Mandated Students

    ERIC Educational Resources Information Center

    Mottern, Ron

    2012-01-01

    This conceptual study examines the importance of relationships between teachers and students in court-mandated adult education settings. Although research has been done on the importance of relationships between teachers and incarcerated students, there have been no outstanding studies on the relationships developed between teachers and students…

  8. The Color of Justice: An Analysis of Juvenile Adult Court Transfers in California.

    ERIC Educational Resources Information Center

    Males, Mike; Macallair, Dan

    This study used data collected from Los Angeles County, California, authorities and the U.S. Census to test the hypothesis that minority youth are disproportionately transferred to adult court and sentenced to incarceration when compared to white youths in similar circumstances. The research examined arrests between 1996-98 and sentencings between…

  9. Age, Crime, and Sanctions: The Transition from Juvenile to Adult Court.

    ERIC Educational Resources Information Center

    Greenwood, Peter W.; And Others

    This document, the final report resulting from a two-year study of the use of juvenile records in adult court proceedings and the relationship between age and sanction severity, is of interest to researchers and policymakers concerned with sanction policies for youthful offenders. The introductory chapter provides an overview of the controversy…

  10. [Psychiatry and criminology in Criminal Justice: Jury Trial Courts and Appellate Courts in the Federal District of Rio de Janeiro, during the 1930s].

    PubMed

    Dias, Allister Andrew Teixeira

    2015-01-01

    As part of a research study on the 1930s and 1940s medical-criminological debate in Brazil, this research paper analyzes some of the uses and criticisms of arguments of a psychiatric and criminological nature, among certain jurists who carried out important work in the city of Rio de Janeiro during the 1930s. In this context, these magistrates, tended to have significant psychiatric and criminological knowledge, in spite of all the heterogeneity, plurality and differences in perspectives that existed among them. We selected two principal areas to conduct an analysis of the activities of these jurists: the Appellate Court of the Federal District of Rio de Janeiro and Jury Trial Courts.

  11. Kids Who Commit Adult Crimes: Serious Criminality by Juvenile Offenders.

    ERIC Educational Resources Information Center

    Flowers, R. Barri

    The increasingly serious nature of juvenile criminal behavior has led to greater efforts to understand the roots, causes, and correlates of juvenile violence and chronic delinquency, as well as develop more effective means of identifying at-risk youth and treating serious and violent juvenile offenders. This book examines the realities and…

  12. Adult criminal involvement: A cross-sectional inquiry into correlates and mechanisms over the life course

    PubMed Central

    DePadilla, Lara; Perkins, Molly M.; Elifson, Kirk W.; Sterk, Claire E.

    2013-01-01

    In this paper, we examine the relative contribution of four domains of predictors that have been linked to adult criminal involvement: (1) socio-demographic characteristics, (2) family-of-origin factors, (3) proximal processes developed during adolescence, and (4) current lifestyle and situational factors. Cross-sectional data were collected through face-to-face interviews with 242 community-recruited adults. Data analysis involved negative binomial regression. Being male, family size, juvenile delinquency, aggression, living with someone involved in illegal activity and recent violent victimization were independently associated with non-violent criminal involvement. Aggression, association with deviant peers, and recent violent victimization were independently associated with violent criminal involvement. Juvenile delinquency and aggression mediated the affect of multiple family-of-origin characteristics on non-violent criminal involvement and aggression mediated the effect of childhood physical abuse on violent criminal involvement. The results emphasize the importance of investigating both antecedents and proximal risk factors predictive of different types of criminal involvement, which, in turn, will assist in developing risk-focused prevention and intervention programs. PMID:24307752

  13. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or...

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 4 2012-04-01 2012-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants? 1000.150 Section 1000.150 Housing... receive criminal conviction information on adult applicants or tenants? (a) As required by section 208...

  14. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or...

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 4 2011-04-01 2011-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants? 1000.150 Section 1000.150 Housing... receive criminal conviction information on adult applicants or tenants? (a) As required by section 208...

  15. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or...

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants? 1000.150 Section 1000.150 Housing... receive criminal conviction information on adult applicants or tenants? (a) As required by section 208...

  16. A 30-Year Prospective Follow-Up Study of Hyperactive Boys with Conduct Problems: Adult Criminality

    ERIC Educational Resources Information Center

    Satterfield, James H.; Faller, Katherine J.; Crinella, Francis M.; Schell, Anne M.; Swanson, James M.; Homer, Louis D.

    2007-01-01

    Objective: To compare the official arrest records for a large number of hyperactive boys (N = 179), most with conduct problems, and 75 control boys; to examine childhood IQ, socioeconomic status, and parent reports of childhood hyperactivity and conduct problems for their contribution to criminal behavior in adulthood; and to compare adult outcome…

  17. Predicting Adult Criminal Behavior from Juvenile Delinquency: Ex-Ante vs. Ex-Post Benefits of Early Intervention.

    PubMed

    White, Barry A B; Temple, Judy A; Reynolds, Arthur J

    2010-12-01

    Recent analyses of the long-term societal benefits from early intervention (prenatal care, home visitation, and high quality preschool) for at-risk children commonly include significant savings to society in the form of reduced juvenile delinquency and adult criminal behavior. However, a nontrivial proportion of the reported benefits of several early intervention programs are based on forecasts of criminal behavior throughout adulthood conditional on intervention effects on delinquency in adolescence. Data from the Chicago Longitudinal Study (CLS), an investigation of the life course of 1,539 children from low-income families born in 1979-1980, are used to investigate the bias resulting from predicting the effect of early intervention on adult criminal behavior from the effect on delinquency in adolescence. The investigation concludes that the general method used to predict adult criminal behavior results in a conservative estimate of the reduction in the cost of adult criminal behavior attributed to early intervention.

  18. Do the adult criminal careers of African Americans fit the “facts”?

    PubMed Central

    Doherty, Elaine Eggleston; Ensminger, Margaret E.

    2014-01-01

    Purpose A major gap in the criminal career research is our understanding of offending among African Americans, especially beyond early adulthood. In light of this gap, this study describes the criminal career patterns of a cohort of African American males and females. Methods This paper uses official criminal history data spanning ages 17 to 52 from the Woodlawn Study, a community cohort of 1,242 urban African American males and females. We use basic descriptive statistics as well as group-based modeling to provide a detailed description of the various dimensions of their adult criminal careers. Results We find cumulative prevalence rates similar to those for African Americans from national probability sample estimates, yet participation in offending extends farther into midlife than expected with a substantial proportion of the cohort still engaged in offending into their 30s. Conclusions The descriptive analyses contribute to the larger body of knowledge regarding the relationship between age and crime and the unfolding of the criminal career for African American males and females. The applicability of existing life course and developmental theories is discussed in light of the findings. PMID:25605979

  19. Juvenile Crime and Criminal Justice: Resolving Border Disputes

    ERIC Educational Resources Information Center

    Fagan, Jeffrey

    2008-01-01

    Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court, essentially redrawing the boundary between the juvenile and adult justice systems. Jeffrey Fagan examines the legal…

  20. Linking childhood and adult criminality: using a life course framework to examine childhood abuse and neglect, substance use and adult partner violence.

    PubMed

    Minh, Anita; Matheson, Flora I; Daoud, Nihaya; Hamilton-Wright, Sarah; Pedersen, Cheryl; Borenstein, Heidi; O'Campo, Patricia

    2013-10-28

    Child abuse and neglect, considered criminal acts under the Criminal Code of Canada, play an important role in substance use, violence, and other criminal behaviour in adulthood. We adopted the life course perspective to identify modifiable contextual influences and co-occurring individual, social, and familial determinants associated with adult criminality. Using in-depth interview data, a sub-sample of 13 women who had recently experienced intimate partner violence, recounted their experiences of childhood abuse, their own substance use or criminality, as well as implications of these factors on their children's life trajectories. For the purposes of this paper criminality was defined as child abuse and neglect, domestic violence, illegal substance use and underage alcohol use. Our objective was to explore, in our data: (1) patterns and trajectories of criminality from childhood to adulthood among women who were victims of violence, and (2) cumulative effects of early life exposures on experiences of criminality; with the aim of describing the life course perspective as a useful framework to understand criminality along the life trajectory. The analysis was not designed to demonstrate causal connections between early childhood and adulthood experiences of criminality. Rather we generated qualitative and quantitative hypotheses to guide future research in the field. Implications for research and interventions are discussed.

  1. Linking Childhood and Adult Criminality: Using a Life Course Framework to Examine Childhood Abuse and Neglect, Substance Use and Adult Partner Violence

    PubMed Central

    Minh, Anita; Matheson, Flora I.; Daoud, Nihaya; Hamilton-Wright, Sarah; Pedersen, Cheryl; Borenstein, Heidi; O’Campo, Patricia

    2013-01-01

    Child abuse and neglect, considered criminal acts under the Criminal Code of Canada, play an important role in substance use, violence, and other criminal behaviour in adulthood. We adopted the life course perspective to identify modifiable contextual influences and co-occurring individual, social, and familial determinants associated with adult criminality. Using in-depth interview data, a sub-sample of 13 women who had recently experienced intimate partner violence, recounted their experiences of childhood abuse, their own substance use or criminality, as well as implications of these factors on their children’s life trajectories. For the purposes of this paper criminality was defined as child abuse and neglect, domestic violence, illegal substance use and underage alcohol use. Our objective was to explore, in our data: (1) patterns and trajectories of criminality from childhood to adulthood among women who were victims of violence, and (2) cumulative effects of early life exposures on experiences of criminality; with the aim of describing the life course perspective as a useful framework to understand criminality along the life trajectory. The analysis was not designed to demonstrate causal connections between early childhood and adulthood experiences of criminality. Rather we generated qualitative and quantitative hypotheses to guide future research in the field. Implications for research and interventions are discussed. PMID:24169410

  2. Emerging perspectives on adolescents and young adults with high-functioning autism spectrum disorders, violence, and criminal law.

    PubMed

    Lerner, Matthew D; Haque, Omar Sultan; Northrup, Eli C; Lawer, Lindsay; Bursztajn, Harold J

    2012-01-01

    As the prevalence of autism spectrum disorders (ASDs) has increased, attention has shifted toward consideration of ASDs in adolescence and adulthood, as well as public health repercussions for this population. Since the social and emotional deficits within ASDs may be salient during incidents of unintended criminal or violent behavior, one area of focus is involvement of adolescents and young adults with ASD in the criminal justice system. Without a thorough understanding of how and why individuals with ASDs may exhibit criminal behavior, judicial and legislative state systems have begun to develop policies lacking a substantial evidence base. In this article, we attempt to synthesize the literature on one type of ASD (high functioning) and criminal behavior. Three specific deficits characteristic of individuals with ASDs (theory of mind, emotion regulation, and moral reasoning) are examined as potential confluent forces leading to criminal behavior among individuals with ASDs. Legal and policy recommendations are presented.

  3. Juvenile crime and criminal justice: resolving border disputes.

    PubMed

    Fagan, Jeffrey

    2008-01-01

    Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court, essentially redrawing the boundary between the juvenile and adult justice systems. Jeffrey Fagan examines the legal architecture of the new boundary-drawing regime and how effective it has been in reducing crime. The juvenile court, Fagan emphasizes, has always had the power to transfer juveniles to the criminal court. Transfer decisions were made individually by judges who weighed the competing interests of public safety and the possibility of rehabilitating young offenders. This authority has now been usurped by legislators and prosecutors. The recent changes in state law have moved large numbers of juveniles into the adult system. As many as 25 percent of all juvenile offenders younger than eighteen, says Fagan, are now prosecuted in adult court. Many live in states where the age boundary between juvenile and criminal court has been lowered to sixteen or seventeen. The key policy question is: do these new transfer laws reduce crime? In examining the research evidence, Fagan finds that rates of juvenile offending are not lower in states where it is relatively more common to try adolescents as adults. Likewise, juveniles who have been tried as adults are no less likely to re-offend than their counterparts who have been tried as juveniles. Treating juveniles as adult criminals, Fagan concludes, is not effective as a means of crime control. Fagan argues that the proliferation of transfer regimes over the past several decades calls into question the very rationale for a juvenile court. Transferring adolescent offenders to the criminal court exposes them to harsh and sometimes toxic forms of punishment that have the perverse effect of increasing criminal activity. The accumulating evidence on transfer, the recent decrease in serious juvenile

  4. Criminal diversity and paraphilic interests among adult males convicted of sexual offenses against children.

    PubMed

    Smallbone, Stephen W; Wortley, Richard K

    2004-04-01

    Official demographic and offense history data (n = 362) and confidential self-report data on paraphilic interests and behavior (n = 221) obtained on adult males convicted of sexual offenses against children were analyzed. Considerable criminal diversity was observed, with all standard categories of offenses represented in offenders' criminal histories. Most (86%) of the offenders' previous convictions were for nonsexual offenses, and most (92%) of the recidivist offenders had previously been convicted of at least one nonsexual offense. The prevalence of diagnosable paraphilias was low, with only 5% meeting formal diagnostic criteria for multiple (two or more) paraphilias other than pedophilia. Sexual offenders' paraphilic interests were unrelated to the extent of their sexual offense convictions but were significantly related to the extent of their nonsexual offense convictions. The results are better explained by a general theory of crime than by traditional clinical conceptions linking sexual offenses specifically with sexual psychopathology.

  5. Cutting Crime: Drug Courts in Action.

    ERIC Educational Resources Information Center

    Drug Strategies, Washington, DC.

    Drug courts depart from traditional criminal justice practice by directing nonviolent drug abusing offenders to intensive court-supervised drug treatment instead of to prison. An examination of drug courts is offered in this booklet. The text is based on extensive interviews with judges, prosecutors, public defenders, court administrators, police…

  6. Criminal justice processing of sexual assault cases. Highlights.

    PubMed

    Roberts, J V

    1994-03-01

    This article discusses the processing of criminal justice on sexual assault cases in Canada. To begin with, in 1983, Bill C-127 abolished the offense of rape and indecent assault and created three new crimes of sexual assault and three parallel offenses of assault. This legislation also introduced a number of important changes to the way crimes of sexual aggression are processed by the criminal justice system. In 1991, the Supreme Court struck down provisions of the sexual assault legislation preventing a defendant from introducing evidence regarding complainant's previous sexual conduct. As a result, Bill C-49 was introduced to provide a test to determine whether a complainant's sexual history could be admitted at trial. This bill also addresses the issue of consent and the defense of mistaken beliefs in consent. The focus of the Juristat is the criminal justice processing of the three levels of sexual assault, which are elaborated in this article. In order to distinguish between the different levels, body harm relates only to physical injury and does not include psychological harm. Drawing on the Uniform Crime Reporting Survey, the Sentence Study, the Adult Criminal Court Survey and the Youth Court Survey, the Juristat summarizes recent trends relating to the processing of sexual assault and assault by the police and the courts. Canada's Violence Against Women Survey provides a profile of sexual assault incidents among adult women in Canada.

  7. Drug-Exposed Infant Cases in Juvenile Court: Risk Factors and Court Outcomes.

    ERIC Educational Resources Information Center

    Sagatun-Edwards, Inger; Saylor, Coleen

    2000-01-01

    This longitudinal study of social services and juvenile court files identified factors associated with court outcomes for drug exposed infants (N=118). Regression analysis suggested that mothers' compliance with court orders was the major predictor of court outcomes although chi square analysis found ethnicity, past referrals, and criminal record…

  8. Effects of early prevention programs on adult criminal offending: a meta-analysis.

    PubMed

    Deković, Maja; Slagt, Meike I; Asscher, Jessica J; Boendermaker, Leonieke; Eichelsheim, Veroni I; Prinzie, Peter

    2011-06-01

    This meta-analysis investigated the long term effects of prevention programs conducted during early and middle childhood on criminal offending during adulthood. The analyses included 3611 participants in 9 programs. The effect size for adult criminal offending was significant, but small in magnitude (OR=1.26; 95% CI=1.06-1.50, p=.011). The effects of the programs on positive outcomes (academic attainment and involvement in productive activity, such as being engaged in school or work) were somewhat larger and more consistent than effects on crime (OR=1.36, 95% CI=1.20-1.55, p<.001). Several participant and program characteristics moderated the effectiveness of (early) prevention. Children who were more at-risk and those from a lower SES benefited more. Shorter, but more intensive programs, and programs that focus on social and behavioral skills, rather than on academic skills or family support, tend to produce larger effects. Taken together, these results indicate that early prevention programs can help put children on a more positive developmental trajectory that is maintained into adulthood, but there is still no convincing evidence that they can prevent adult crime. Implications of the findings for research, policy and clinical practice are discussed.

  9. [Genetics as a relevant factor for the purpose of judging criminal imputability. Status of the issue and critical perspective. Considering particularly the Decision of the Trieste Court of Appeals (Italy) of September 18, 2009].

    PubMed

    Urruela Mora, Asier

    2010-01-01

    The present contribution analyses the relevance of the genetic predispositions in the field of Criminal Law. Its principal effect is basically associated with the sphere of the Insanity Defense, due to the fact that a number of psychiatric alterations or abnormalities relevant for the Insanity Defense show a genetic basis. This statement has been recently confirmed by new scientific evidences and in the judicial framework by the Sentence of the Court of Appeal of Trieste (Italy) from 18th September 2009 which accepts the genetic characteristics of the defendant as a relevant data in order to cut the sentence given to a person convicted of murder.

  10. The Juvenile Court: Changes and Challenges.

    ERIC Educational Resources Information Center

    Feld, Barry C.

    2000-01-01

    Explores the changes in the juvenile court system, in particular, the juvenile waiver and sentencing laws, as it transformed from a social welfare agency into a type of criminal court system for young offenders. Addresses whether states should create an integrated juvenile and criminal justice system. (CMK)

  11. Analysis of the Criminal Jury Trial Scheduling System in Use at the Monterey Branch of the Monterey County, California Municipal Court.

    DTIC Science & Technology

    1981-12-01

    24 G . SU4ARY --------------------------------------------------- 27 III. MONTEREY BRANCH MUNICIPAL COURT OPERATIONAL aiARACTERISTICS...Albert G . Pickerell and Michel Lipman. The material on the Monterey County court system is taken from records maintained by the Monterey Branch...scheduled for jury trial at the pre-trial stage. G . SU4ARY The Monterey Branch of the Monterey County Municipal Court District operates at the foundation of

  12. The Distinction between Civil and Criminal Law: A Lesson Plan for High School Law-Related Educators To Support "Understanding the Federal Courts."

    ERIC Educational Resources Information Center

    Administrative Office of the United States Courts, Washington, DC.

    The O. J. Simpson trials taught much of the United States a basic lesson in the difference between criminal law and civil law. Many students learn in their government classes that a person cannot be tried twice for the same crime. A person found innocent in a criminal trial, however, can be sued under civil law procedures for damages. It is…

  13. Supreme Court Review

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2009-01-01

    By the end of the 2008-2009 term, Justice David Souter's decision to return to New Hampshire and President Obama's nomination of Sonia Sotomayor to replace him on the bench had taken over the Supreme Court news cycle. In the end, the consensus has been that, with the possible exception of criminal justice issues, swapping out Souter for Sotomayor…

  14. Delinquency, parental involvement, early adult criminality, and sex: Evidence of moderated mediation.

    PubMed

    Walters, Glenn D

    2013-08-01

    One purpose of this study was to determine whether parental involvement, measured in late adolescence, mediates the relationship between delinquency in mid-adolescence and crime in early adulthood. This study's second purpose was to ascertain whether this relationship is moderated by sex, such that late adolescent parental involvement mediates the delinquency-crime relationship in females but not in males. A secondary analysis of data provided by 579 (272 males, 307 females) members of the National Longitudinal Survey of Youth-Child (NLSYC) was conducted in an effort to evaluate the possibility of moderated mediation in the relationship between delinquency at age 16, parental involvement at age 18, and criminality at age 24. Moderated mediation analysis, path analysis, and causal mediation analysis revealed the presence of a conditional indirect relationship between delinquency, parental involvement, and adult crime moderated by sex. These results are consistent with views on cumulative disadvantage and gendered pathways to crime.

  15. EVIDENCE-BASED TREATMENT PRACTICES FOR DRUG-INVOLVED ADULTS IN THE CRIMINAL JUSTICE SYSTEM

    PubMed Central

    Friedmann, Peter D.; Taxman, Faye S.; Henderson, Craig E.

    2007-01-01

    OBJECTIVE To estimate the extent and organizational correlates of evidence-based practices (EBPs) in correctional facilities and community-based substance abuse treatment programs that manage drug-involved adult offenders. METHODS Correctional administrators and treatment program directors affiliated with a national sample of 384 criminal justice and community-based programs providing substance abuse treatment to adult offenders in the United States were surveyed in 2004. Correctional administrators reported the availability of up to 13 specified EBPs and treatment directors up to 15. The sum total of EBPs indicates their extent. Linear models regress the extent of EBPs on variables measuring structure and leadership, culture and climate, administrator attitudes and network connectedness of the organization. RESULTS Most programs offer fewer than 60% of the specified EBPs to drug-involved offenders. In multiple regression models, offender treatment programs that provided more EBPs were community-based, accredited, and network-connected; with a performance-oriented, non-punitive culture, more training resources; and leadership with a background in human services, a high regard for the value of substance abuse treatment and an understanding of EBPs. CONCLUSIONS The use of EBPs among facility- and community-based programs that serve drug-involved adult offenders has room for improvement. Initiatives to disseminate EBPs might target these institutional and environmental domains, but further research is needed to determine whether such organization interventions can promote the uptake of EBPs. PMID:17383551

  16. Impacting re-arrest rates among youth sentenced in adult court: an epidemiological examination of the Juvenile Sentencing Advocacy Project.

    PubMed

    Mason, Craig A; Chapman, Derek A; Chang, Shau; Simons, Julie

    2003-06-01

    Examines the impact of a program aimed at reducing re-offending among juveniles transferred to adult court in Miami-Dade County, Florida. Initiated in 1998, the Juvenile Sentencing Advocacy Project (JSAP) worked to increase the degree to which defense lawyers, prosecutors, judges, and police officers considered the developmental status of youth charged with crimes, as well as the contextual basis for their behavior and their potential for rehabilitation. Through such activities, the goal was to increase the use of juvenile sanctions, rather than traditional adult sentences. Based on previous research, it was predicted that increased use of juvenile sanctions would be associated with fewer youth re-offending. This article examines 162 youth who were transferred to and sentenced in adult court during 1999. Re-offense patterns were monitored through June 2001. Analyses using epidemiological measures of effect found that the use of juvenile sanctions significantly increased following implementation of JSAP and that youth receiving adult probation or boot camp were 1.74 to 2.29 times more likely to re-offend than were youth receiving juvenile sanctions. The increased use of juvenile sanctions following implementation of JSAP corresponded to an 11.2% to 15.3% decrease in the number of youth one would have anticipated would re-offend had previous patterns of sentencing continued.

  17. Domestic Violence Screening and Service Acceptance among Adult Victims in a Dependency Court Setting

    ERIC Educational Resources Information Center

    Rivers, James E.; Maze, Candice L.; Hannah, Stefanie A.; Lederman, Cindy S.

    2007-01-01

    Many child welfare systems are unable to effectively identify and address co-occurring domestic violence and child maltreatment. In response, the Dependency Court Intervention Program for Family Violence implemented a protocol to identify indicators of domestic violence in families involved with child protection proceedings. This article…

  18. Criminal Justice Systems. Block I: Law Enforcement. Block II: The Courts. Block III: Corrections. Block IV: Community Relations. Block V: Proficiency Skills. Block VI: Criminalistics. Instructor Guide.

    ERIC Educational Resources Information Center

    Florida State Dept. of Education, Tallahassee. Div. of Vocational, Adult, and Community Education.

    This instructor guide together with a student guide comprise a set of curriculum materials on the criminal justice system. The instructor guide is a resource for planning and managing individualized, competency-based instruction in six major subject areas or blocks, which are further broken down into several units with some units having several…

  19. Criminal Justice Systems. Block I: Law Enforcement. Block II: The Courts. Block III: Corrections. Block IV: Community Relations. Block V: Proficiency Skills. Block VI: Criminalistics. Student Guide.

    ERIC Educational Resources Information Center

    Florida State Dept. of Education, Tallahassee. Div. of Vocational, Adult, and Community Education.

    This student guide together with an instructor guide comprise a set of curriculum materials on the criminal justice system. The student guide contains self-contained instructional material that students can study at their own pace most of the time. Six major subject areas or blocks, which are further broken down into several units, with some units…

  20. 25 CFR 11.411 - Criminal trespass.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal trespass. 11.411 Section 11.411 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.411 Criminal trespass. (a) A person commits an offense if,...

  1. 33 CFR 401.204 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Criminal penalties. 401.204....204 Criminal penalties. (a) Prosecution in the Federal courts for violations of Seaway Regulations... criminal penalty is one that would justify referral of the case to the U.S. Attorney. (c) The...

  2. Trauma and stress among older adults in the criminal justice system: a review of the literature with implications for social work.

    PubMed

    Maschi, Tina; Dennis, Kelly Sullivan; Gibson, Sandy; MacMillan, Thalia; Sternberg, Susan; Hom, Maryann

    2011-05-01

    The purpose of this article was to review the empirical literature that investigated trauma and stress among older adults in the criminal justice system. Nineteen journal articles published between 1988 and 2010 were identified and extracted via research databases and included mixed age samples of adjudicated older and younger adults (n = 11) or older adult only samples (n = 8). Findings revealed past and current trauma and stress, consequences and/or correlates, and internal and external coping resources among aging offenders. The implications and future directions for gerontological social work, research, and policy with older adults in the criminal justice system are advanced.

  3. Integrating criminal justice, community healthcare, and support services for adults with severe mental disorders.

    PubMed

    Weisman, R L; Lamberti, J S; Price, N

    2004-01-01

    Persons with severe mental disorders are overrepresented in our nation's jails and prisons. Factors including cooccurring substance use disorders, homelessness, and lack of access to community services have contributed to this problem, as have gaps between criminal justice, healthcare, and community support systems. In order to address these issues, Project Link was developed by the University of Rochester Department of Psychiatry in collaboration with five local community agencies. Project Link is designed to prevent involvement of individuals with severe mental illness from entering the criminal justice system. While many models of diversion programs exist, they are all dependent on access to appropriate community-based services. This paper will describe the steps that Project Link has taken towards integrating criminal justice, healthcare, and community support services for individuals with severe mental disorders involved in the criminal justice system.

  4. Drugs and Disparity: The Racial Impact of Illinois' Practice of Transferring Young Drug Offenders to Adult Court. Building Blocks for Youth.

    ERIC Educational Resources Information Center

    Ziedenberg, Jason

    This report describes the racial impact of Illinois' practice of transferring young drug offenders to adult court. The state's Safe School Zone Act of 1986 and subsequent bills enacted by the legislature provide that youth age 15-16 years charged with drug sales within 1,000 feet of a school or public housing development are automatically…

  5. Influence of Criminal Justice Involvement and Psychiatric Diagnoses on Treatment Costs Among Adults With Serious Mental Illness.

    PubMed

    Robertson, Allison G; Swanson, Jeffrey W; Lin, Hsiuju; Easter, Michele M; Frisman, Linda K; Swartz, Marvin S

    2015-09-01

    The impact of criminal justice involvement and clinical characteristics on the cost of public treatment services for adults with serious mental illnesses is unknown. The authors examined differential effects of justice involvement on behavioral health treatment costs by primary psychiatric diagnosis (schizophrenia or bipolar disorder) and also by substance use diagnosis among 25,133 adult clients of Connecticut's public behavioral health system in fiscal years 2006 and 2007. Justice-involved adults with schizophrenia had the highest costs, strongly driven by forensic hospitalizations. Addressing the cross-system burdens of forensic hospitalizations may be a sensible starting point in the effort to reduce costs in both the public behavioral health and justice systems.

  6. Court Interpreter Training: A Growing Need.

    ERIC Educational Resources Information Center

    Schweda-Nicholson, Nancy

    Developments in court interpretation are outlined to illustrate the argument that more, and more qualified, interpreters are need to assist in both the federal and state courts. This discussion focuses principally on the criminal justice system, and includes federal statutory developments, especially concerning the implementation and impact of the…

  7. Adult Individual Criminal Records and the News Media: Inherent Problems for Access and Privacy.

    ERIC Educational Resources Information Center

    Wright, Jay B.

    Public access to criminal records, facilitated by the use of computerized information storage and retrieval systems, sometimes appears to infringe on individual rights of privacy. Examples may be cited to show that the records compiled on individuals do not always present an accurate picture, due to factual inaccuracies, incomplete information, or…

  8. Substance Abuse Treatment For Adults in the Criminal Justice System. Treatment Improvement Protocol (TIP) Series 44

    ERIC Educational Resources Information Center

    Bartlett, Catalina; Dinsmore, Janet; Gilbert, J. Max; Kornblum, Annette; Latham, Joyce; Oliff, Helen; Paisner, Susan; Sutton, David

    2005-01-01

    This Treatment Improvement Protocol (TIP) provides guidelines for counselors and criminal justice personnel who treat offenders with substance use disorders. TIPs are best-practice guidelines that make the latest research in substance abuse treatment available to counselors and educators. The content was generated by a panel of experts in the…

  9. Teacher-Student Relationships in Court-Mandated Adult Education: A Phenomenological Study

    ERIC Educational Resources Information Center

    Mottern, Ron

    2013-01-01

    While there is a considerable body of literature on adult correctional education, this literature almost exclusively deals with teachers and students working within incarceration settings, where students are in jail or prison. There is a lack of research on the experiences of teachers working with students who are a part of the correctional system…

  10. Evaluation of the Military Criminal Investigative Organizations’ Adult Sexual Assault Investigation Policies

    DTIC Science & Technology

    2014-09-16

    body with an ultraviolet (UV) lamp to look for seminal fluid and fibers.8 • Consider attempting to develop latent fingerprint impressions on the...Investigative Organizations,” March 24, 2011 • DoDI 5505.14, “Deoxyribonucleic Acid ( DNA ) Collection Requirements for Criminal Investigations,” May 27...108 │ 37 Guidance Requirement AFOSI 3 AFI 71-101V1 2.6. Deoxyribonucleic Acid ( DNA ) Samples. AFOSI and Security Forces will take DNA samples of

  11. HIV Prevention for Adults With Criminal Justice Involvement: A Systematic Review of HIV Risk-Reduction Interventions in Incarceration and Community Settings

    PubMed Central

    Dumont, Dora; Operario, Don

    2014-01-01

    We summarized and appraised evidence regarding HIV prevention interventions for adults with criminal justice involvement. We included randomized and quasi-randomized controlled trials that evaluated an HIV prevention intervention, enrolled participants with histories of criminal justice involvement, and reported biological or behavioral outcomes. We used Cochrane methods to screen 32 271 citations from 16 databases and gray literature. We included 37 trials enrolling n = 12 629 participants. Interventions were 27 psychosocial, 7 opioid substitution therapy, and 3 HIV-testing programs. Eleven programs significantly reduced sexual risk taking, 4 reduced injection drug risks, and 4 increased testing. Numerous interventions may reduce HIV-related risks among adults with criminal justice involvement. Future research should consider process evaluations, programs involving partners or families, and interventions integrating biomedical, psychosocial, and structural approaches. PMID:25211725

  12. HIV prevention for adults with criminal justice involvement: a systematic review of HIV risk-reduction interventions in incarceration and community settings.

    PubMed

    Underhill, Kristen; Dumont, Dora; Operario, Don

    2014-11-01

    We summarized and appraised evidence regarding HIV prevention interventions for adults with criminal justice involvement. We included randomized and quasi-randomized controlled trials that evaluated an HIV prevention intervention, enrolled participants with histories of criminal justice involvement, and reported biological or behavioral outcomes. We used Cochrane methods to screen 32,271 citations from 16 databases and gray literature. We included 37 trials enrolling n = 12,629 participants. Interventions were 27 psychosocial, 7 opioid substitution therapy, and 3 HIV-testing programs. Eleven programs significantly reduced sexual risk taking, 4 reduced injection drug risks, and 4 increased testing. Numerous interventions may reduce HIV-related risks among adults with criminal justice involvement. Future research should consider process evaluations, programs involving partners or families, and interventions integrating biomedical, psychosocial, and structural approaches.

  13. Legal, individual, and environmental predictors of court disposition in a sample of serious adolescent offenders.

    PubMed

    Cauffman, Elizabeth; Piquero, Alex R; Kimonis, Eva; Steinberg, Laurence; Chassin, Laurie; Fagan, Jeffery

    2007-12-01

    Historically, the juvenile court has been expected to consider each youth's distinct rehabilitative needs in the dispositional decision-making process, rather than focusing on legal factors alone. This study examines the extent to which demographic, psychological, contextual, and legal factors, independently predict dispositional outcomes (i.e., probation vs. confinement) within two juvenile court jurisdictions (Philadelphia, Phoenix). The sample consists of 1,355 14- to 18-year-old male and female juvenile offenders adjudicated of a serious criminal offense. Results suggest that legal factors have the strongest influence on disposition in both jurisdictions. For example, a higher number of prior court referrals is associated with an increased likelihood of secure confinement in both jurisdictions. Juveniles adjudicated of violent offenses are more likely to receive secure confinement in Phoenix, but are more likely to be placed on probation in Philadelphia. Race is unrelated to dispositional outcome, but, males are consistently more likely than females to be placed in secure confinement. Importantly, individual factors (e.g., developmental maturity) generally were not powerful independent predictors of disposition. Finally, an examination of the predictors of juvenile versus adult court transfer in Phoenix indicated that males, older juveniles, and those with a violent adjudicated charge were more likely to be transferred to adult court, while juveniles scoring high on responsibility as well as those juveniles with an alcohol dependence diagnosis were more likely to be retained in juvenile court.

  14. Legal, Individual, and Environmental Predictors of Court Disposition in a Sample of Serious Adolescent Offenders

    PubMed Central

    Cauffman, Elizabeth; Piquero, Alex R.; Kimonis, Eva; Steinberg, Laurence; Chassin, Laurie; Fagan, Jeffery

    2009-01-01

    Historically, the juvenile court has been expected to consider each youth's distinct rehabilitative needs in the dispositional decision-making process, rather than focusing on legal factors alone. This study examines the extent to which demographic, psychological, contextual, and legal factors, independently predict dispositional outcomes (i.e., probation vs. confinement) within two juvenile court jurisdictions (Philadelphia, Phoenix). The sample consists of 1,355 14- to 18-year-old male and female juvenile offenders adjudicated of a serious criminal offense. Results suggest that legal factors have the strongest influence on disposition in both jurisdictions. For example, a higher number of prior court referrals is associated with an increased likelihood of secure confinement in both jurisdictions. Juveniles adjudicated of violent offenses are more likely to receive secure confinement in Phoenix, but are more likely to be placed on probation in Philadelphia. Race is unrelated to dispositional outcome, but, males are consistently more likely than females to be placed in secure confinement. Importantly, individual factors (e.g., developmental maturity) generally were not powerful independent predictors of disposition. Finally, an examination of the predictors of juvenile versus adult court transfer in Phoenix indicated that males, older juveniles, and those with a violent adjudicated charge were more likely to be transferred to adult court, while juveniles scoring high on responsibility as well as those juveniles with an alcohol dependence diagnosis were more likely to be retained in juvenile court. PMID:17245634

  15. Defendants with Intellectual Disabilities and Mental Health Diagnoses: Faring in a Mental Health Court

    ERIC Educational Resources Information Center

    Burke, M. M.; Griggs, M.; Dykens, E. M.; Hodapp, R. M.

    2012-01-01

    Background: Begun in the late 1990s, mental health courts are specialty criminal courts developed to address the needs of persons with mental illness. Methods: As many persons with intellectual disabilities (IDs) may overlap in the mental health court system, we used mental health court records to examine the phenomenology and outcomes of 224…

  16. Breaking into Careers in Criminal Justice.

    ERIC Educational Resources Information Center

    De Lucia, Robert C.

    1993-01-01

    Contends that young people's image of career in criminal justice field has been shaped by entertainment media and does not nearly match real thing. Describes reality of career in criminal justice and discusses how to prepare for such a career. Examines numerous career tracks in law enforcement, corrections, courts, forensic science, and private…

  17. Court Briefs.

    ERIC Educational Resources Information Center

    Nankivell, R.; And Others

    1990-01-01

    Presents court briefs for three separate constitutional issues: the individual right to die as tested in the "Cruzan v. Missouri Department of Health" case; constitutional rights and drunk driving; and student religious clubs' right to meet at public schools in accordance with the Equal Access Act of 1984. Analyzes court opinions and…

  18. Preventing Criminal Recidivism Through Mental Health and Criminal Justice Collaboration.

    PubMed

    Lamberti, J Steven

    2016-11-01

    Criminal justice system involvement is common among persons with serious mental illness in community treatment settings. Various intervention strategies are used to prevent criminal recidivism among justice-involved individuals, including mental health courts, specialty probation, and conditional release programs. Despite differences in these approaches, most involve the use of legal leverage to promote treatment adherence. Evidence supporting the effectiveness of leverage-based interventions at preventing criminal recidivism is mixed, however, with some studies suggesting that involving criminal justice authorities in mental health treatment can increase recidivism rates. The effectiveness of interventions that utilize legal leverage is likely to depend on several factors, including the ability of mental health and criminal justice staff to work together. Collaboration is widely acknowledged as essential in managing justice-involved individuals, yet fundamental differences in goals, values, and methods exist between mental health and criminal justice professionals. This article presents a six-step conceptual framework for optimal mental health-criminal justice collaboration to prevent criminal recidivism among individuals with serious mental illness who are under criminal justice supervision in the community. Combining best practices from each field, the stepwise process includes engagement, assessment, planning and treatment, monitoring, problem solving, and transition. Rationale and opportunities for collaboration at each step are discussed.

  19. Supreme Court eases restriction on group homes for disabled.

    PubMed

    1995-06-16

    The Supreme Court ruled, in a six to three decision, that municipalities may not use occupancy limits to bar the establishment of group homes in residential settings if those limits do not apply to families as well. This ruling has made it harder for municipalities to prevent group homes for people with disabilities from locating in single-family neighborhoods. The court held that single-family zoning laws in Edmonds, WA, which forbid occupancy by more than five unrelated people, are not exempt from coverage under the Fair Housing Amendment Act (FHAA) because they do not apply to all people. The case which spurred the court ruling began when the City of Edmonds issued criminal citations against Oxford House-Edmonds, an alcohol and drug addiction treatment group home for ten to twelve adults, for violating the zoning law limiting to five the number of unrelated people allowed to live in a single-family home. The decision establishes a rule for the lower courts that local ordinances are not automatically exempt and must be measured against the anti-discrimination provisions of the Fair Housing Act.

  20. Program Guide for Criminal Justice.

    ERIC Educational Resources Information Center

    Stinchcomb, James D.

    This program guide is intended to assist practitioners in developing a course to prepare students for employment in the fields of law enforcement, courts, and corrections in the state of Florida. The introductory sections describe the major concepts and content addressed in the course and the responsibilities of criminal justice sworn personnel,…

  1. Parenting and Adult Criminality: An Examination of Direct and Indirect Effects by Race

    ERIC Educational Resources Information Center

    Schroeder, Ryan D.; Bulanda, Ronald E.; Giordano, Peggy C.; Cernkovich, Stephen A.

    2010-01-01

    Parenting practices are among the strongest predictors of juvenile delinquency identified in the criminological literature and have been intimately connected to adult offending. The prior research connecting early parenting experiences with crime, however, has not systematically assessed the long-term effect of parenting style on adult criminal…

  2. The Courts.

    ERIC Educational Resources Information Center

    Skibine, Alex

    1980-01-01

    Overview of some of the most important Indian court cases of the last decade, including ones regarding treaty rights, tribal jurisdiction and sovereignty, tax jurisdiction, land claims, and hunting and fishing rights. (DS)

  3. Assessing the criminal responsibility of individuals with multiple personality disorder: legal cases, legal theory.

    PubMed

    Behnke, S H

    1997-01-01

    This article discusses the criminal responsibility of individuals diagnosed with multiple personality disorder (MPD). First, it reviews how courts understand and assess criminal responsibility. Second, it gives an overview of how courts have applied the doctrine of criminal responsibility to individuals with MPD. Third, it explains what legal theorists say about this question. Finally, it uses a case example to illustrate how various theorists would assess the responsibility of a criminal defendant with MPD.

  4. Psychiatric aspects of criminal responsibility: insanity and mitigation.

    PubMed

    Burrows, Maureen; Reid, William H

    2011-11-01

    Forensic psychiatry expertise may be useful to criminal courts in several ways, including evaluating competence (e.g., to stand trial, waive Miranda rights, confess, plead, represent oneself, or be sentenced), assessing responsibility for alleged criminal behavior, and clarifying mental or psychosocial factors that may mitigate criminal charges or the form and severity of punishment. This column focuses on psychiatric/psychological aspects of mitigation in criminal matters.

  5. The Nevada mental health courts.

    PubMed

    Palermo, George B

    2010-01-01

    The deinstitutionalization of the mentally ill which started in the 1960s greatly contributed to the overcrowding of judicial systems throughout the world. In the ensuing years, the actors involved in the adversarial system present in United States courts, a system that is primarily interested in assessing the culpability of the offender, have come to realize that the system is lacking therapeutic and reintegrative approaches to offenders, especially those who are mentally ill. Therapeutic jurisprudence, an interdisciplinary science, addresses this problematic situation of the mentally ill. It offers a fresh insight into the potentially beneficial and detrimental effects of legal decisions and views one of the roles of law as that of a healing agent. At present, many states have instituted mental health courts based on these concepts, incorporating previous drug court experiences. Their goal is to avoid the criminalization of the mentally ill and their recidivism through the creation of special programs. This article describes the mental health court programs of Washoe County and Clark County, Nevada, their organization, their therapeutic goals, and their success in keeping mentally ill offenders out of the correctional system, while improving their mental condition. In so doing, the program has lightened the load of the overburdened courts and has greatly diminished the financial burden incurred for court trials and jail and prison stays.

  6. 32 CFR 720.13 - Request for delivery of members serving sentence of a State court.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    .... (a) General. Ordinarily, members serving protracted sentences resulting from a State criminal..., pursuant to conviction by a State court, to resolve criminal charges against the member before a court... the State penal system. The request shall designate the person(s) to whom the member is to...

  7. 32 CFR 720.13 - Request for delivery of members serving sentence of a State court.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    .... (a) General. Ordinarily, members serving protracted sentences resulting from a State criminal..., pursuant to conviction by a State court, to resolve criminal charges against the member before a court... the State penal system. The request shall designate the person(s) to whom the member is to...

  8. Troubled Children Grown-Up: Antisocial Behavior in Young Adult Criminals.

    ERIC Educational Resources Information Center

    Kemp, Dawn; Center, David

    2000-01-01

    This study evaluated Eysenck's hypothesis that an antisocial temperament in interaction with socialization, intelligence, and achievement puts an individual at risk of antisocial behavior. Recently paroled young adult males (N=107) were assessed for temperament, socialization, and juvenile behavior. The sample differed in predicted directions from…

  9. Juvenile penalty or leniency: Sentencing of juveniles in the criminal justice system.

    PubMed

    Jordan, Kareem L; McNeal, Brittani A

    2016-08-01

    The purpose of this study is to examine the impact of being juvenile on sentencing in the criminal justice system. More specifically, youth transferred to criminal court are compared to adults in terms of likelihood of incarceration, jail length, and prison length. In this study, 2 national data sets are merged. The juvenile sample includes 3,381 convicted offenders, and the adult sample is comprised of 6,529 convicted offenders. The final sample is 9,910 offenders across 36 U.S. counties. The key independent variable is juvenile status, and the dependent variables are incarceration, jail length, and prison length. Because of the multilevel nature of the data, hierarchical linear modeling is used across all models. Juveniles are punished less severely in the jail incarceration decision. However, when youth are actually sentenced to incarceration (either jail or prison), they are given longer confinement time than adults. (PsycINFO Database Record

  10. "Bad genes" & criminal responsibility.

    PubMed

    González-Tapia, María Isabel; Obsuth, Ingrid

    2015-01-01

    The genetics of the accused is trying to break into the courts. To date several candidate genes have been put forward and their links to antisocial behavior have been examined and documented with some consistency. In this paper, we focus on the so called "warrior gene", or the low-activity allele of the MAOA gene, which has been most consistently related to human behavior and specifically to violence and antisocial behavior. In preparing this paper we had two objectives. First, to summarize and analyze the current scientific evidence, in order to gain an in depth understanding of the state of the issue and determine whether a dominant line of generally accepted scientific knowledge in this field can be asserted. Second, to derive conclusions and put forward recommendations related to the use of genetic information, specifically the presence of the low-activity genotype of the MAOA gene, in modulation of criminal responsibility in European and US courts.

  11. Swan Song for the Burger Court.

    ERIC Educational Resources Information Center

    Hayman, Robert L., Jr.; Ramarui, Cornelis O.

    1986-01-01

    Reviews a collection of decisions rendered by the Burger Court during its waning months. The decisions involve (1) criminal procedures, (2) racial bias in jury selection, (3) search and seizure, and (4) the exclusion of jurors who have reservations about the death penalty. (JDH)

  12. The Efficacy of the Rio Hondo Dui Court: A 2-Year Field Experiment

    ERIC Educational Resources Information Center

    MacDonald, John M.; Morral, Andrew R.; Raymond, Barbara; Eibner, Christine

    2007-01-01

    This study reports results from an evaluation of the experimental Rio Hondo driving under the influence (DUI) court of Los Angeles County, California. Interviews and official record checks with 284 research participants who were randomly assigned to a DUI court or a traditional criminal court were assessed at baseline and at 24-month follow-up.…

  13. Secondary Prevention Services for Clients Who Are Low Risk in Drug Court: A Conceptual Model

    ERIC Educational Resources Information Center

    DeMatteo, David S.; Marlowe, Douglas B.; Festinger, David S.

    2006-01-01

    The drug court model assumes that most drug offenders are addicts, and that drug use fuels other criminal activity. As a result, drug court clients must satisfy an intensive regimen of treatment and supervisory obligations. However, research suggests that roughly one third of drug court clients do not have a clinically significant substance use…

  14. Witnessing domestic violence during childhood is associated with psychopathic traits in adult male criminal offenders.

    PubMed

    Dargis, Monika; Koenigs, Michael

    2017-04-01

    While there is growing evidence that suffering physical abuse during childhood is subsequently associated with psychopathic traits in both juvenile and adult offenders, there is considerably less research on whether exposure to domestic violence as a witness, rather than as a direct victim, influences the subsequent presentation of psychopathic traits in adulthood. Accordingly, the current study examined the relationship between witnessing domestic violence during childhood (i.e., witnessing, hearing, or intervening in abuse against a parent/sibling) and psychopathic traits in adulthood in a sample of n = 127 incarcerated male offenders. As predicted, witnessing domestic violence was significantly associated with overall level of psychopathy, with a particularly strong relationship to the interpersonal/affective features of psychopathy. Importantly, this relationship held when controlling for the experience of domestic violence as a direct victim. These results add to the growing body of literature linking adverse and traumatic events during childhood with psychopathic traits later in life, and suggest that domestic violence exposure may be one factor contributing to the manipulative, interpersonal style exhibited by individuals high in psychopathy. (PsycINFO Database Record

  15. Association between Criminal Thinking and Reading Level

    ERIC Educational Resources Information Center

    Heintschel, Karen L.

    2009-01-01

    The purpose of this study is to analyze a relationship between adult, male inmate's criminal attitudes and reading level. Data is derived from the secondary assessments, Criminal Sentiments Scale-Modified (CSS-M) and the reading scores from the Test of Adult Basic Education (TABE). The sample size is 112 adult, males incarcerated at California…

  16. Psychopathic traits as predictors of future criminality, intimate partner aggression, and substance use in young adult men.

    PubMed

    Colins, Olivier F; Andershed, Henrik; Pardini, Dustin A

    2015-12-01

    This study examined the prospective relation between Youth Psychopathic Traits Inventory (YPI) scores and various negative outcomes in a community sample of young men. Official criminal records and self-reported outcomes, including criminality, physical and relational aggression against intimate partners, and excessive substance use, were obtained on average 5.4 years (records) and 3.5 years (self-reports) after the YPI assessment. Results showed that psychopathic traits measured with the YPI (approximately at age 25) did not significantly contribute to the prediction of future official criminal charges and self-reported crime, physical aggression against intimate partners, and excessive alcohol and marijuana use, after controlling for several covariates. However, results also showed that men with higher scores on the YPI were more likely to commit future acts of relational aggression against their partner, even after controlling for prior relational aggression. This novel finding needs replication, though, and-for now-does not jeopardize the overall conclusion that psychopathic traits as measured with the YPI hardly predict over and above prior criminality and aggression. Altogether, the findings of the present study and their consistency with past research suggest that one should rethink the role of psychopathy measures for risk assessment purposes, at least when these measures do not index prior criminality.

  17. Psychopathic Traits as Predictors of Future Criminality, Intimate Partner Aggression and Substance Use in Young Adult Men

    PubMed Central

    Colins, Olivier F.; Andershed, Henrik; Pardini, Dustin A.

    2015-01-01

    This study examined the prospective relation between Youth Psychopathic Traits Inventory (YPI) scores and various negative outcomes in a community sample of young men. Official criminal records and self-reported outcomes, including criminality, physical and relational aggression against intimate partners and excessive substance use, were obtained on average 5.4 years (records) and 3.5 years (self-reports) after the YPI assessment. Results showed that psychopathic traits measured with the YPI (approximately at age 25) did not significantly contribute to the prediction of future official criminal charges and self-reported crime, physical aggression against intimate partners, and excessive alcohol and marijuana use, after controlling for several covariates. However, results also showed that men with higher scores on the YPI were more likely to commit future acts of relational aggression against their partner, even after controlling for prior relational aggression. This novel finding needs replication, though, and -for now- does not jeopardize the overall conclusion that psychopathic traits as measured with the YPI hardly predict over and above prior criminality and aggression. Altogether, the findings of the present study and their consistency with past research suggest that one should rethink the role of psychopathy measures for risk assessment purposes, at least when these measures do not index prior criminality. PMID:26301710

  18. 22 CFR 505.12 - Civil remedies and criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil remedies and criminal penalties. 505.12 Section 505.12 Foreign Relations BROADCASTING BOARD OF GOVERNORS PRIVACY ACT REGULATION § 505.12 Civil remedies and criminal penalties. (a) Grounds for court action. You will have a remedy in the...

  19. Methamphetamine use and criminal behavior.

    PubMed

    Gizzi, Michael C; Gerkin, Patrick

    2010-12-01

    This research seeks to broaden our understanding of methamphetamine's (meth's) place within the study of drugs and crime. Through extensive court records research and interviews with 200 offenders in local jails in western Colorado, this research contributes to the creation of a meth user profile and begins to identify the place of meth in the drug-crime nexus. The study compares the criminal behavior of meth users with other drug users, finding that meth users are more likely than other drug users to be drunk or high at the time of arrest and claim their crimes were related to drug use in other ways. A content analysis of criminal records demonstrates that meth users have more extensive criminal records and are more likely than other drug users to commit property crimes.

  20. Learning difficulties: a retrospective study of their co morbidity and continuity as indicators of adult criminal behaviour in 18-70-year-old prisoners.

    PubMed

    Zakopoulou, Victoria; Pashou, Theodora; Tzavelas, Panagiotis; Christodoulides, Pavlos; Anna, Milona; Iliana, Kolotoura

    2013-11-01

    The development of learning difficulties is associated with problems in external (executive) and extensive behaviour in a co-occurrence with psycho-emotional problems beginning from pre-school, school age, and adolescence up to adulthood. Through the current survey, we aim to emphasise the early role of learning difficulties during the school age and adolescence of prisoners and their effects on the onset of offending behaviours in adulthood, such as criminal behaviour. Altogether, we studied 117 Greek adult prisoners from 18 to 70 years old who were accused of different types or degrees of offences. Through statistical analyses, the following factors were observed with high statistical significance as early indicators of criminal behaviour in the adult lives of the prisoners: (i) learning difficulties, (ii) family problems, (iii) behaviour disorders, (iv) developmental disorders, and (v) psycho-emotional disorders. As a result, the learning difficulties were assumed to be the most decisive factor in the developmental progression of prisoners because they manifested early in the prisoners' lives, weakened the prisoners to be competitive and robust, provoked a bad self-image and low self-esteem, and, in the frame of a weak or negative family and educational environment, they accompanied antisocial behaviour and psycho-emotional disorders even from adolescence, which continued into adulthood.

  1. Juvenile Drug Courts and Teen Substance Abuse

    ERIC Educational Resources Information Center

    Butts, Jeffrey A., Ed.; Roman, John, Ed.

    2004-01-01

    Juvenile justice officials across the United States are embracing a new method of dealing with adolescent substance abuse. Importing a popular innovation from adult courts, state and local governments have started hundreds of specialized drug courts to provide judicial supervision and coordinate substance abuse treatment for drug-involved…

  2. Law Studies: The Criminal Justice System.

    ERIC Educational Resources Information Center

    Experimental Curriculum Bulletin, 1978

    1978-01-01

    This bulletin on criminal justice focuses on selected aspects of the U.S. legal system, including the police, the courts, and the prisons as well as on the protections and guarantees that reinforce the legitimacy of the U.S. legal process. Unit 1, "The Role of Law in a Free Society," is designed to enhance the awareness of students about…

  3. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    PubMed

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  4. Assessing Psychopathic Traits and Criminal Behavior in a Young Adult Female Community Sample Using the Self-Report Psychopathy Scale.

    PubMed

    Declercq, Frédéric; Carter, Rachel; Neumann, Craig S

    2015-07-01

    This study assessed psychopathic traits in a nonforensic female population (N = 343). Respondents completed the Self-Report Psychopathy Scale-4: Short Form (SRP-SF) and also reported on their Criminal Behavior. The results revealed relatively higher scale elevations for the Interpersonal and Lifestyle SRP-SF facets, compared to the Affective and Antisocial facets. Also, those with a history of Criminal Behavior had significantly higher SRP-SF facet scores on all four psychopathy domains, compared to those without such history. Consistent with a number of previous studies, the structural equation modeling results revealed good fit for the four-factor SRP-SF model. In addition, a super-ordinate SRP-SF factor, which accounted for the majority variance of all four SRP-SF first-order factors, also accounted for 50% of the variance in a latent Criminal Behavior factor. Taken together, findings support use of the SRP-SF to assess psychopathic features in a moderately large sample of Belgium women.

  5. 100th Anniversary of the Juvenile Court, 1899-1999.

    ERIC Educational Resources Information Center

    Juvenile Justice, 1999

    1999-01-01

    This issue commemorates the 100th anniversary of the creation of the juvenile court and the recognition that the developmental differences between children and adults require differences in the ways they are treated by the court system. The feature article, "An Evolving Juvenile Court: On the Front Lines with Judge J. Dean Lewis," reviews the…

  6. Understanding the Federal Courts.

    ERIC Educational Resources Information Center

    Administrative Office of the United States Courts, Washington, DC.

    This booklet discusses the workings of the federal courts and supports six law-related lesson plans. It is divided into the following sections: "The Constitution and the Federal Judiciary"; "The Federal Courts in American Government" ("The Federal Courts and Congress"; "The Federal Courts and the Executive…

  7. Long-term recidivism of mental health court defendants.

    PubMed

    Ray, Bradley

    2014-01-01

    The first MHC was established in 1997 and now, over 15years later, there are over 300 mental health courts in the United States. In a relatively short time these courts have become an established criminal justice intervention for persons with a mental illness. However, few studies have looked at the long-term outcomes of MHCs on criminal recidivism. Of the studies evaluating the impact of MHCs on criminal recidivism, most follow defendants after entry into the court during their participation, and only a few have followed defendants after court exit for periods of one or two years. This study follows MHC defendants for a minimum of five years to examine recidivism post-exit with particular attention to MHC completion's effect. Findings show that 53.9% of all MHC defendants were rearrested in the follow-up and averaged 15months to rearrest. Defendants who completed MHC were significantly less likely to be rearrested (39.6% vs. 74.8%), and went longer before recidivating (17.15months vs. 12.27months) than those who did not complete. This study suggests that MHCs can reduce criminal recidivism among offenders with mental illness and that this effect is sustained for several years after defendants are no longer under the court's supervision.

  8. Autism spectrum disorder: forensic issues and challenges for mental health professionals and courts.

    PubMed

    Freckelton, Ian

    2013-09-01

    Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for mental health professionals closely familiar with both the disorder and forensic exigencies to educate courts about the inner world of those with ASD. Highlighting areas of criminality that court decisions have dealt with, especially in relation to persons with Asperger's Disorder, as defined by DSM-IV, it calls for further research on the connection between ASD, on the one hand, and conduct, capacities and skills, on the other hand. It urges enhancement of awareness of the forensic repercussions of the disorder so that expert evidence can assist the courts more humanely and informedly to make criminal justice and other decisions.

  9. Toward a developmental taxonomy of adult sexual aggressors of women: antisocial trajectories in youth, mating effort, and sexual criminal activity in adulthood.

    PubMed

    Cale, Jesse; Lussier, Patrick

    2011-01-01

    Recent studies suggest that sexual aggressors of women are characterized by early- and late-onset antisocial trajectories. However, these studies have not examined the role of mating effort and its role on sexual offending in adulthood. This study examined differences in the level of mating effort of early- and late-onset offenders and the association between mating effort and sexual offending in adulthood. Factor analysis identified two latent constructs of sexuality: mating effort and high sexual drive. Early-onset offenders exhibited significantly higher levels of mating effort and sexual drive. Furthermore, high mating effort and high sexual drive were more strongly associated with an earlier onset and a higher frequency of sexual crimes in adulthood than group membership. This study provided empirical evidence that a developmental taxonomy of early and late onset distinguishes the sexual activity and sexual criminal activity of adult sexual aggressors. The findings are discussed in light of a developmental taxonomy of sexual aggressors of women.

  10. Victim-induced criminality.

    PubMed

    Fooner, M

    1966-09-02

    In summary, there are certain issues that need to be dealt with if a coherent system of victim compensation is to be created. 1) Is the victim's entitlement to compensation qualified by his behavior in connection with the crime? If a Texas tycoon visits a clip joint, flashes a fat roll of bills, and gets hit on the head and rolled, is he entitled to compensation? If a man enters into a liaison with another's wife and gets shot by the husband, should his dependents be compensated? If a woman goes walking alone in a disreputable neighborhood and is assaulted, is she entitled to compensation? Unless the answer to such questions is a flat "yes," the adjudication of victim compensation as a "right" would be embarkation upon a vast sea of confusion. On the surface it may seem simpler to bypass the issue of "right" and declare for victim compensation as a matter of social policy-a logical extension of the welfare state approach. But the apparent simplicity may quickly prove illusory, in light of the second issue. 2) Is the victim's entitlement to compensation on the basis of indigency to be qualified by the requirement that an offender be apprehended and his guilt determined by a court? There are two levels to this problem. First, if a severely injured man reports to police that he has been mugged and robbed and if the police cannot apprehend a suspect, how is the administrator of compensation to know that the man is in fact the victim of a crime? The administrator of compensation must determine whether the episode was a criminal act or an argument-and who started it, and who precipitated the violence. What shall be the role of the witnesses, and of investigators? More important is the second level of the problem: How will law-enforcement of ficials and the courts evaluate the testimony of the victim if compensation of the victim may be at stake? In the evaluation of proposals for victim compensation, criminologists may need to think very hard about such questions and

  11. Avoiding criminal liabilities

    SciTech Connect

    Blattner, J.W. ); Bramble, G.M. )

    1994-06-01

    Armed with more than 120 investigative agents, the US Environmental Protection Agency, through its attorneys at the Dept. of Justice, charges 5 to 10 engineers and business people with criminal violations of the nation's environmental regulations in any given week. There are some 10,000 pages of federal (let alone state) environmental regulations. The rules apply to large and small companies alike. As a practical matter, the sheer scope and complexity of environmental regulatory programs make 100% compliance virtually unattainable for most industrial enterprises. Where it is no longer a defense to claim lack of knowledge of one's regulatory obligations, and where courts allow the inference of criminal knowledge based on what the defendant should have known, what is a company to do The environmental audit provides a solution to this problem. Progressive audit programs are established with three goals in mind: to ensure that programs and practices at facilities are in compliance with applicable rules and regulations; to affirm that management systems are in place at the facilities to support ongoing compliance; and to identify needs or opportunities where it may be desirable to go beyond compliance to protect human health and the environment. This paper discusses the implementation of an audit program.

  12. The wicked in court: a neuroscientific primer.

    PubMed

    Tobeña, Adolf

    2013-09-01

    The criminal cases of Anders Breivik, the Norwegian shooter, and Bernard Madoff, the fraudulent American financier, are used as prominent examples of the complexity that courts have to explore when judging the severity and responsibility of felonies performed by different types of psychopaths. I outline the brain circuits subserving morally charged decisions in ordinary citizens and in patients with gross lesions in the same areas, along with singularities in these brain systems that have been detected in psychopaths. These neural signatures, combined with thorough neuropsychological examination, will hopefully improve the diagnoses and prognoses of criminals with dangerous psychopathic traits. In this respect, the profiles of incarcerated members of gangs are used to exemplify and distinguish among typical niches and varieties of psychopathy within criminal organizations. A discussion follows, presenting the complexities of novel research that is increasing the sophistication of these challenging but key intersections between neuroscience and law.

  13. Postcode Criminals

    ERIC Educational Resources Information Center

    Hiett, Sandra; Kushner, Joann

    2013-01-01

    Postcode Criminals was the second phase of an international participatory community arts project challenging negative stereotypes of urban youth. Concerned with the impact of zero tolerance community policing strategies in the UK and USA, artists Joann Kushner and Dread Scott developed an art-based project with a social justice agenda. To give…

  14. Mentally disordered criminal offenders in the Swedish criminal system.

    PubMed

    Svennerlind, Christer; Nilsson, Thomas; Kerekes, Nóra; Andiné, Peter; Lagerkvist, Margareta; Forsman, Anders; Anckarsäter, Henrik; Malmgren, Helge

    2010-01-01

    Historically, the Swedish criminal justice system conformed to other Western penal law systems, exempting severely mentally disordered offenders considered to be unaccountable. However, in 1965 Sweden enforced a radical penal law abolishing exceptions based on unaccountability. Mentally disordered offenders have since then been subjected to various forms of sanctions motivated by the offender's need for care and aimed at general prevention. Until 2008, a prison sentence was not allowed for offenders found to have committed a crime under the influence of a severe mental disorder, leaving forensic psychiatric care the most common sanction in this group. Such offenders are nevertheless held criminally responsible, liable for damages, and encumbered with a criminal record. In most cases, such offenders must not be discharged without the approval of an administrative court. Two essentially modern principles may be discerned behind the "Swedish model": first, an attempted abolishment of moral responsibility, omitting concepts such as guilt, accountability, atonement, and retribution, and, second, the integration of psychiatric care into the societal reaction and control systems. The model has been much criticized, and several governmental committees have suggested a re-introduction of a system involving the concept of accountability. This review describes the Swedish special criminal justice provisions on mentally disordered offenders including the legislative changes in 1965 along with current proposals to return to a pre-1965 system, presents current Swedish forensic psychiatric practice and research, and discusses some of the ethical, political, and metaphysical presumptions that underlie the current system.

  15. A Guide to Our Juvenile Delinquent System: The Family Court and the Juvenile Transgressor. [Volume II].

    ERIC Educational Resources Information Center

    Addelston, Lorraine W., Ed.

    A study of the criminal justice system in New York City led to the publication in December 1982 of "A Guide to Our Criminal Justice System." A portion of the guide dealt with the steps involved in the arrest to disposition of a juvenile. On July 1, 1983, the New York State Legislature's Act to "Recodify the Family Court Act"…

  16. Autism Spectrum Disorder: Forensic Issues and Challenges for Mental Health Professionals and Courts

    ERIC Educational Resources Information Center

    Freckelton, Ian

    2013-01-01

    Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for…

  17. Mental Retardation and the Law: A Report on Status of Current Court Cases.

    ERIC Educational Resources Information Center

    President's Committee on Mental Retardation, Washington, DC.

    The document reports the status of over 100 current court cases relating to the rights of handicapped individuals. Court cases are divided into the following categories: commitment, community living, criminal law, discrimination, guardianship, institutions and deinstitutionalization, medical-legal issues, parental rights and sexuality, special…

  18. Teaching Hispanic Culture to Criminal Justice Personnel.

    ERIC Educational Resources Information Center

    Reyes-Cairo, Orlando M.

    A course in comparative Hispanic/American culture was developed for a criminal justice training center to provide exposure to Hispanic cultural norms to local criminal justice workers. The participants included employees in the fields of adult probation, health care, and alcohol and drug programs. Hispanic participants provided a valuable…

  19. Criminal Consequences of Childhood Sexual Victimization.

    ERIC Educational Resources Information Center

    Widom, Cathy Spatz; Ames, M. Ashley

    1994-01-01

    Using a prospective cohorts design, this study assessed the long-term criminal consequences of childhood abuse/neglect in 908 cases. Early childhood sexual abuse did not uniquely increase risk for later delinquent and criminal behavior, compared to other types of abuse/neglect. Child abuse victims were at higher risk of adult arrest for sex crimes…

  20. Effects of Juvenile Court Exposure on Crime in Young Adulthood

    ERIC Educational Resources Information Center

    Petitclerc, Amelie; Gatti, Uberto; Vitaro, Frank; Tremblay, Richard E.

    2013-01-01

    Background: The juvenile justice system's interventions are expected to help reduce recidivism. However, previous studies suggest that official processing in juvenile court fails to reduce adolescents' criminal behavior in the following year. Longer term effects have not yet been investigated with a rigorous method. This study used propensity…

  1. U.S. Supreme Court Trends. Looking at the Law.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2000-01-01

    Discusses various cases decided by the U.S. Supreme Court during the 1999-2000 term concerning criminal law, the First Amendment, grandparent visitation, and other close cases. Includes a section featuring teaching activities and discussion questions by Michelle Parrini and Jennifer Kittlaus. (CMK)

  2. You and the Courts: A Newcomer's Guide. 6.

    ERIC Educational Resources Information Center

    Michael, Jean

    A bilingual pamphlet containing practical law-related information for recent Russian Jewish immigrants to New York City, this document addresses the court system. Following a brief description of the Newcomer series, 9 questions are listed, each followed by an answer. Questions asked include the difference between criminal and civil law; how the…

  3. The Communitarian Function of Court-Martial Members

    DTIC Science & Technology

    1997-04-01

    participation itself has inherent value. In Balzac v. Porto Rico,𔄂 1 the Court held that "(t)he jury system postulates a conscious duty of participation...One of the issues in Balzac was whether the Sixth Amendment right to ajury trial applied to those criminal prosecutions occurring in a territory

  4. Neuroscience and legal determination of criminal responsibility.

    PubMed

    Eastman, Nigel; Campbell, Colin

    2006-04-01

    Neuroscience is increasingly identifying associations between biology and violence that appear to offer courts evidence relevant to criminal responsibility. In addition, in a policy era of 'zero tolerance of risk', evidence of biological abnormality in some of those who are violent, or biological markers of violence, may be seized on as a possible basis for preventive detention in the interest of public safety. However, there is a mismatch between questions that the courts and society wish answered and those that neuroscience is capable of answering. This poses a risk to the proper exercise of justice and to civil liberties.

  5. Order in the Court!

    ERIC Educational Resources Information Center

    Farbman, Madeline

    2005-01-01

    This fall teachers will have the infrequent, but valuable opportunity to teach children about the Supreme Court and its confirmation process. The appointment of a new Justice lets students witness the Court's role and how the three branches of government work together. Teachers also report that the Court is a favorite topic because children can…

  6. Money Matters: Cost Effectiveness of Juvenile Drug Court with and without Evidence-Based Treatments.

    PubMed

    Sheidow, Ashli J; Jayawardhana, Jayani; Bradford, W David; Henggeler, Scott W; Shapiro, Steven B

    2012-01-01

    The 12-month cost effectiveness of juvenile drug court and evidence-based treatments within Court were compared with traditional Family Court for 128 substance abusing/dependent juvenile offenders participating in a four-condition randomized trial. Intervention conditions included Family Court with community services (FC), Drug Court with community services (DC), Drug Court with Multisystemic Therapy (DC/MST), and Drug Court with MST enhanced with a contingency management program (DC/MST/CM). Average cost effectiveness ratios for substance use and criminal behavior outcomes revealed that economic efficiency in achieving outcomes generally improved from FC to DC, with the addition of evidence-based treatments improving efficiency in obtaining substance use outcomes.

  7. Money Matters: Cost Effectiveness of Juvenile Drug Court with and without Evidence-Based Treatments

    PubMed Central

    Sheidow, Ashli J.; Jayawardhana, Jayani; Bradford, W. David; Henggeler, Scott W.; Shapiro, Steven B.

    2012-01-01

    The 12-month cost effectiveness of juvenile drug court and evidence-based treatments within Court were compared with traditional Family Court for 128 substance abusing/dependent juvenile offenders participating in a four-condition randomized trial. Intervention conditions included Family Court with community services (FC), Drug Court with community services (DC), Drug Court with Multisystemic Therapy (DC/MST), and Drug Court with MST enhanced with a contingency management program (DC/MST/CM). Average cost effectiveness ratios for substance use and criminal behavior outcomes revealed that economic efficiency in achieving outcomes generally improved from FC to DC, with the addition of evidence-based treatments improving efficiency in obtaining substance use outcomes. PMID:22389577

  8. Treating Substance Abuse Offenders in the Southwestern United States: A Report Evaluating the Long-Term Effectiveness of the Yuma County Adult Drug Court

    ERIC Educational Resources Information Center

    McCarthy, Sherri; Waters, Thomas Franklin

    2003-01-01

    This report summarizes data gathered from the 64 graduates of the Yuma County Drug Court from 1998 to 2001. Those who agreed to participate were interviewed at 3, 6, 12 and/or 18 months after graduation. Instruments used included the Addiction Severity Index, the CSAT GPRA Client Outcomes Measure for Discretionary Programs and a questionnaire…

  9. A Juvenile Drug Court Model in Southern Arizona: Substance Abuse, Delinquency, and Sexual Risk Outcomes by Gender and Race/Ethnicity

    ERIC Educational Resources Information Center

    Ruiz, Bridget S.; Stevens, Sally J.; Fuhriman, Janet; Bogart, John G.; Korchmaros, Josephine D.

    2009-01-01

    Alcohol and drug use related crimes continue to be processed in juvenile courts at high rates. One approach for addressing substance related issues has been the implementation of juvenile drug courts. Juvenile drug courts were established given the wide-spread success of adult drug courts. However, juvenile drug courts require different components…

  10. Attention deficit hyperactivity disorder does not predict criminal recidivism in young adult offenders: Results from a prospective study.

    PubMed

    Grieger, Lena; Hosser, Daniela

    2012-01-01

    As the state of research on the relationship between attention deficit hyperactivity disorder (ADHD) and recidivism can be considered controversial, our prospective study investigated whether ADHD predicts recidivism in a sample of 283 male, German, young adult prisoners. Currently existing ADHD symptoms and symptoms that were present in childhood were screened according to the DSM-IV checklist criteria. Information on general and violent recidivism was gathered using government records with a follow-up period of up to five years. The prevalence of adult ADHD was six times greater than in the general population, and the number of participants who retrospectively met the criteria for a diagnosis with ADHD in childhood was ten times greater than found in community samples. Survival analyses did not identify ADHD as a predictor of recidivism. Controlling for conduct disorder, substance dependence, and other relevant variables did not alter results. However, among individuals who were released from prison and then reconvicted for a new crime, offenders diagnosed with ADHD were found to reoffend sooner after release. These findings stress the necessity of differentiating between risk factors for delinquency and risk factors for recidivism.

  11. Dumb O Jemmy and Others: Deaf people, Interpreters and the London Courts in the Eighteenth and Nineteenth Centuries

    ERIC Educational Resources Information Center

    Stone, Christopher; Woll, Bencie

    2008-01-01

    This article reviews eighteenth- and nineteenth-century proceedings of the London Central Criminal Court (Old Bailey) that involved deaf people. The use, role, and status of sign language and interpreters in these settings are described. These proceedings provide important information about deaf people's experiences within the court system of the…

  12. Criminal Justice: An Upper-Level Social Studies Elective.

    ERIC Educational Resources Information Center

    Eau Claire Area Public Schools, WI.

    This teaching guide outlines an 18 week elective course on criminal justice for use in grades 11 or 12. The course consists of five units and is intended to help students learn about law, crime and law enforcement, courts, corrections, and capital punishment. Throughout the course there is extensive participation of law enforcement and other…

  13. Salience of Crime and Support for Harsher Criminal Sanctions.

    ERIC Educational Resources Information Center

    And Others; Taylor, D. Garth

    1979-01-01

    Individuals' fear of crime and actual victimization do not lead to their being more likely to advocate harsh treatment for criminals. Also, environmental areas which differ greatly in level of victimization and level of fear do not differ in their level of support for capital punishment or harsher courts. (Author/MC)

  14. Criminal allegations in disciplinary cases involving health practitioners.

    PubMed

    Manning, Joanna

    2008-12-01

    Recently the Supreme Court of New Zealand decided that the standard of proof in disciplinary proceedings against a registered health practitioner is the ordinary, civil "balance of probabilities" standard, even in cases where criminal or serious allegations are made. Adopting recent House of Lords' case law, it rejected the existence of a third standard of proof, the "flexible" or "heightened" civil standard commensurate with the seriousness of the issue involved. Neither did the court consider direct application of the criminal, "beyond reasonable doubt" standard appropriate in disciplinary proceedings. Secondly, the court adopted a new principle that it is an abuse of process to bring a disciplinary charge against a practitioner, which is the same or substantially the same as that which he or she faced in the criminal proceedings and which resulted in an acquittal. It is not, however, an abuse to bring disciplinary charges after a criminal acquittal based on the same conduct, providing the disciplinary charges address wider aspects of the practitioner's conduct. The court was split on both issues. This column analyses the decision, supporting it on the first issue, but not the second.

  15. Hispanics in the Criminal Justice System--the "Nonexistent" Problem.

    ERIC Educational Resources Information Center

    Mandel, Jerry

    1979-01-01

    Though hidden from view by being considered "non-existent", the meager evidence indicates that Hispanics have an unusually high arrest and incarceration rate. Hispanic background is rarely asked on the six major sources of criminal justice statistics--statistics of arrests, courts, prisoners, juvenile delinquency, crime victimization, and public…

  16. Delinquent Histories of Adolescents Adjudicated for Criminal Sexual Conduct

    ERIC Educational Resources Information Center

    Way, Ineke; Urbaniak, Danielle

    2008-01-01

    A content analysis of closed case records from family court examined personal and family history variables for adolescents with sexually abusive behaviors who had been adjudicated for criminal sexual conduct and compared sub-groups of adolescents with (n = 72) and without (n = 80) prior other delinquent behavior. The study's findings indicate that…

  17. Supreme Court Review

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2008-01-01

    This article looks at various cases of the Supreme Court's most recent term. In contrast to the 2006-2007 term when the Supreme Court was regularly split 5-4, during this last term, the justices have formed surprising coalitions in cases considered highly controversial. For example, it was the so-called liberal bloc's Justice Stevens who wrote the…

  18. Enhancing Drug Court Success

    ERIC Educational Resources Information Center

    Deschenes, Elizabeth Piper; Ireland, Connie; Kleinpeter, Christine B.

    2009-01-01

    This study evaluates the impact of enhanced drug court services in a large county in Southern California. These enhanced services, including specialty counseling groups, educational/employment resources, and increased Residential Treatment (RT) beds, were designed to increase program retention and successful completion (graduation) of drug court.…

  19. Insurers lose court battle

    SciTech Connect

    Lucas, A.

    1994-09-28

    Recent court disputes concerning insurance coverage of Superfund costs have resulted in the retrial of a proinsurer ruling on environmental cleanup costs for potentially responsible parties. The court rejected the insurance industry`s pollution exclusion clause by Aetna and two nonchemical companies. Supposedly this is good news for the chemical industry, because there will be more access to insurance money in Superfund cleanups.

  20. Genetics in the courts

    SciTech Connect

    Coyle, Heather; Drell, Dan

    2000-12-01

    Various: (1)TriState 2000 Genetics in the Courts (2) Growing impact of the new genetics on the courts (3)Human testing (4) Legal analysis - in re G.C. (5) Legal analysis - GM ''peanots'', and (6) Legal analysis for State vs Miller

  1. Supreme Court Preview

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2006-01-01

    This article presents the Supreme Court's preview. As the 2005 term neared its June 30 end date, the Supreme Court, still adjusting to its first membership change in 11 years, had yet to decide dozens of cases that had defied quick resolution throughout the term. But with the last-minute release of seriously fractured decisions in many of the…

  2. Supreme Court Review

    ERIC Educational Resources Information Center

    Hawke, Catherine

    2011-01-01

    Many commentators have noted that the 2010 Supreme Court term was without the "fireworks" of recent years and, therefore, this year the Court garnered limited media attention and national interest. Contributing to this limited attention was the fact that the term ended with no retirements or looming confirmation battles. In addition, the term's…

  3. Supreme Court Update

    ERIC Educational Resources Information Center

    Taylor, Kelley R.

    2009-01-01

    "Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

  4. Criminal behavior, criminal mind: being caught in a "criminal spin".

    PubMed

    Ronel, Natti

    2011-12-01

    The innovative theory of the "criminal spin" presents a phenomenological description and interpretation of criminal conduct. The theory indicates a process that occurs in different phases of criminality, involving an escalation of criminal activity, thinking, and emotions that run beyond self-control, sometimes contrary to initial decision. Its phenomenology indicates an interaction between individual, group, and situation and a growing self-centeredness with two leading motives: "I can" and "I must." The first denotes a perceived legitimacy and capability to perform criminal conduct. The second reflects an existential threat and a belief that it must be removed by any action. These motives may operate in an acute or a chronic phase, within individuals, groups, or societies. The spin is a detectable process with known characteristics and prognosis. Implications for intervention are outlined.

  5. College-Age & Young Adults

    MedlinePlus

    ... Adolescent Brain Comorbidity College-Age & Young Adults Criminal Justice Drugged Driving Drug Testing Drugs and the Brain ... Age & Young Adults College Addiction Studies Programs Criminal Justice Drugged Driving Drug Testing Drugs and the Brain ...

  6. The Use of Phallometric Evidence in Canadian Criminal Law.

    PubMed

    Purcell, Michael S; Chandler, Jennifer A; Fedoroff, J Paul

    2015-06-01

    The use of phallometric evidence by Canadian criminal courts has steadily increased since the early 1980s. Phallometry was initially considered by courts to be a potentially useful tool in the determination of accused persons' culpability; however, its contemporary use is limited to the postconviction contexts of sentencing and dangerous and long-term offender applications, as one of several means of diagnosing offenders, determining recidivism risk, and assessing treatment prospects. We provide an overview and assessment of the use of phallometric evidence by Canadian criminal courts and conclude that its contemporary application appears to be consistent with the expert psychiatric consensus on its proper role and function in the forensic context. We further identify potential difficulties associated with the adequacy of offenders' consent and the occasional divergence of expert opinion about the reliability and validity of phallometry for diagnosis and risk assessment.

  7. PTSD as a criminal defense: a review of case law.

    PubMed

    Berger, Omri; McNiel, Dale E; Binder, Renée L

    2012-01-01

    Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.

  8. Supreme Court's New Term. Supreme Court Roundup.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2002-01-01

    Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

  9. The (near) irrelevance of Daubert to criminal justice and some suggestions for reform.

    PubMed

    Neufeld, Peter J

    2005-01-01

    Daubert v Merrell Dow Pharmaceuticals, Inc should have an extraordinary impact on criminal litigation, because there is rarely a criminal trial that does not rely on some form of expert testimony. In fact, it is almost irrelevant. Despite the frequency of prosecution proffered scientific and expert testimony in criminal cases, Daubert is rarely invoked to challenge it. In civil cases, when expert testimony is challenged in criminal proceedings, the outcome could not be more different. Because most violent crimes are committed by the poor, their court appointed advocates--overworked and under-financed--are not up to the challenge. In the absence of a system of effective representation, Daubert will not improve scientific evidence in criminal cases. The only way to guard against the misapplication of forensic science is to impose controls and reforms long before the cases come to court.

  10. [Rethinking criminal responsibility: practical application of operational diagnosis and gnostic into expert testimony].

    PubMed

    Okada, Takayuki

    2005-01-01

    There had been argument concerning the difference between the agnostic approach and the gnostic approach to the psychiatric perspective of criminal responsibility until the landmark ruling by the 3rd court of the Japanese Supreme Court in 1984. The decision upheld the gnostic approach and affirmed that the defendant's criminal responsibility should be based on such factors as psychopathology, motive, modus operandi, situation surrounding the crime, and pre-morbid personality, as long as the offense was not directly motivated by the delusion or hallucination. The gnostic explanation includes so many various factors that the psychiatric testimony cannot easily be objective, while agnostic experts can find a conclusion about criminal responsibility only by psychiatric diagnosis. To establish a standard, the authors summarized the means of determination of criminal responsibility. The authors also discussed various topics related to criminal responsibility including Asperger's syndrome, illicit drug intoxication, and prescribed drug intoxication.

  11. Paraphilia and sex offending - A South African criminal law perspective.

    PubMed

    Carstens, Pieter; Stevens, Philip

    2016-01-01

    Historically, the link between sexual deviance and criminality has been described and documented, asserted by psychiatry, and manifested in law. Laws that have regulated sexual behaviour have referred to terms such as 'sexual deviation', 'sexual perversion' or even archaic moral terms such as 'unnatural acts and unspeakable crimes against nature'. A possible link between sexual perversion, psychopathy, and criminality, specifically manifesting in sexual homicide, has been the subject of remarkable research in forensic psychiatry. This contribution examines the phenomenon of paraphilia with specific reference to its definition, diagnostic classification and characteristics, as well as a few selections of incidences of paraphilia in South African criminal case law. A brief assessment is made of how South African criminal courts have dealt with paraphilia. In this regard, an analysis is made of the criminal liability of the paraphiliac. The South African response to sexual deviation as addressed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 will also be addressed with reference to its efficacy in addressing paraphilia within South African criminal law. The interface between criminal law and medical ethics within the context of this theme will also be canvassed. In conclusion, recommendations for possible reform are canvassed.

  12. Criminal defense in Chinese courtrooms: an empirical inquiry.

    PubMed

    Liang, Bin; He, Ni Phil

    2014-10-01

    Scholars in the field of Chinese criminal procedure law study have long decried the meager legal protection afforded to criminal defendants on trial and the hapless status of Chinese criminal defense attorneys in the courtroom. Unfortunately, very little empirical evidence was available to shed light on how criminal defense was carried out in Chinese courtrooms. Based on observations of 325 actual criminal trials from 55 District People's Courts in J province, this study provides an opportunity to understand the mundane work performed by Chinese criminal defense attorneys. In particular, this study describes how criminal defense attorneys prepare and present their cases (as measured in terms of bail request, overall trial preparation, examination of defendants and witnesses, presentation of evidence, and overall defense strategy), and analyzes the outcomes of their performance. In addition, this study examines the discernible impact of criminal defense work due to types of legal representation utilized (legal aid vs. privately retained attorneys), numbers of attorneys representing the client, and the gender composition of the attorneys.

  13. [Criminal law problems in forensic medicine].

    PubMed

    Schneider, V

    1998-10-01

    This paper first goes into cases of medical malpractice proceeding from the definition of the subject (forensic medicine). Among the material examined by the author lapses were to be assumed in 6.9% of the cases. A forensic autopsy can, however, also be of significance in countering false accusations. Forensic autopsies are regulated by Sect. 87 of the German Code of Criminal Procedure. Clinical autopsies are performed in Berlin in conformity with the Autopsy Act of 1996. Therapeutic removal of tissue is, moreover, also regulated by the Autopsy Act. Last year's Grafting Act, on the other hand, is Federal Law. Another act promulgated in 1997 has likewise provoked considerable controversial debate: viz. the Criminal Proceedings Amendment Act--keyword: DNA analysis/genetic fingerprint. And, finally, the paper also goes somewhat deeper into the introduction of breath-alcohol tests as evidence admitted in court. Further points discussed: reports prepared in connection with trials involving shootings along the Berlin wall, reports drawn up in connection with matters involving the abuse of anabolic substances by competitive athletes in the German Democratic Republic, reports on former GDR functionaries pertaining to their fitness to plead in court or to undergo detention. To conclude with, the question, whether evidence obtained by coerced vomiting can be used in court, is also discussed (drug couriers).

  14. Court compliance as a predictor of postadjudication recidivism for domestic violence offenders.

    PubMed

    Kindness, Alana; Kim, Han; Alder, Stephen; Edwards, Alison; Parekh, Asha; Olson, Lenora M

    2009-07-01

    This study evaluated pre- and postadjudication behavior of 220 male defendants convicted of a domestic violence-related offense using court records and police department data. Our goal was the identification of possible predictors for continued criminal behavior that could pose a risk of further harm to victims. Factors identified as significant predictors of defendant recidivism were having two or more court reports of noncompliance with domestic violence treatment, two or more warrants issued by the court for noncompliance, and two or more reports to law enforcement of new criminal activity involving the defendant. Law enforcement reports were the strongest predictor of recidivism, with an odds ratio of 7.7 and confidence interval of 3.0-19.7. These results illustrate the importance of monitoring multiple dimensions of defendant behavior while under court supervision and of communicating information on noncompliance with victims and advocates to assist in safety planning efforts.

  15. Supreme court of Canada's "Beautiful Mind" case.

    PubMed

    Gray, John E; O'Reilly, Richard L

    2009-01-01

    The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described "professor" who had been referred to as "Canada's Beautiful Mind". He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. "Professor" Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries. This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a "hospital" because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.

  16. Court Disallows Damage Claims

    ERIC Educational Resources Information Center

    Tomson, Bernard; Coplan, Norman

    1976-01-01

    In rejecting claims for damages, the Court finds that contract's "increase or decrease of cost" language is not applicable to added overhead costs and loss of labor efficiency resulting from delays over which the contractor has no control. (Author)

  17. Court Ordered Desegregation

    ERIC Educational Resources Information Center

    Reber, Sarah J.

    2005-01-01

    The effect of the court ordered desegregation plans, on trends in segregation and white flight, are estimated. The effect of availability of school districts and other factors on the white flight across districts is also mentioned.

  18. [Need to merge child and adult psychiatry into comprehensive developmental psychiatry--consideration from the perspective of forensic psychiatry].

    PubMed

    Toichi, Motomi

    2014-01-01

    The need to merge child and adult psychiatry into a continuum was discussed based on forensic issues in criminal cases involving developmental disorder. Recently, a number of offenders (both juvenile and adult) are being diagnosed with developmental disorder every year, when the system of sending severe juvenile cases from juvenile court to the prosecution as well as the new juror system makes the role of psychiatric examination more important than ever. Because of the unique symptomatology of autism spectrum disorder (ASD), conventional forensic psychiatry does not seem applicable to cases of ASD when making a fair judgement on criminal liability. This indicates that there is a need for not only basic knowledge on child psychiatry for all psychiatrists, but also knowledge on the developmental link between child and adult psychiatry. Therefore, there is a need to merge child and adult psychiatry into a comprehensive field of developmental psychiatry.

  19. People Power in the Courts.

    ERIC Educational Resources Information Center

    Update on Law-Related Education, 1982

    1982-01-01

    Describes seven activities for teaching secondary social studies students about court juries. Students observe and discuss the actual selection of a jury, play shadow-jury in an actual court case, interview jurors, research student courts, and survey and discuss student opinions on jury-related issues and court decisions. (AM)

  20. Supreme Court Preview

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2007-01-01

    The Supreme Court's preview is presented in this article. During the 2006-07 Supreme Court term, it was the 5-4 decisions that garnered the most attention. Twenty-four of the term's 72 cases were decided by this narrowest of margins--the highest percentage of 5-4 opinions in a decade--even as the share of unanimous opinions fell "below levels seen…

  1. Georgia Supreme Court invalidates involuntary sterilization statute.

    PubMed

    Harper, T D

    1983-11-01

    In the US, the concept of eugenics has been limited to restrictions on the reproductive capabilities of criminals and the mentally defective. Moreover, the rights of persons subject to this restriction have been enhanced by recent judicial recognition of procreation as a fundamental right. Constitutional challenges have been mounted on the grounds that sterilization statutes constitute cruel or unusual punishment, a violation of the Equal Protection clause, an unlawful delegation of legislative or judicial powers, a bill of attainder, or a violation of the right to life, liberty, and the pursuit of happiness. These challenges have resulted in a reduction in the number of state-mandated sterilizations. This paper reviews the Georgia Supreme Court's recent invalidation of a 1970 statute authorizing the sterilization of mentally incompetent persons (O.C.G.A. 31-20-3). Motes v. Hall County Department of Family and Children Services, filed on behalf of a 21-year old retarded woman, challenged the statute as a violation of Motes' constitutional rights to due process and equal protection and contended that the state was required to prove the necessity of sterilization by more than a simple preponderance of the evidence. The Georgia Supreme Court negated both the sterilization order and the statute upon which it was based. In its decision, the Court recognized that an intrusion upon so fundamental a right as the ability to bear children requires proof by the state of at least "clear and convincing evidence" of the necessity of such an act.

  2. Internet free speech wins court test.

    PubMed

    James, J S

    1996-06-21

    A U.S. District Court ruled that key provisions of the Communications Decency Act of 1996 are unconstitutional because they violate the First Amendment of the Bill of Rights. The decision gives the Internet First Amendment protection instead of imposing a more restrictive standard. The Court noted that there are effective means of keeping inappropriate material away from children without restricting electronic communication among adults. The case was initiated by many companies and organizations, including the American Civil Liberties Union and AIDS organizations.

  3. Limitations and Potential in Current Research on Services for People with Mental Illness in the Criminal Justice System

    ERIC Educational Resources Information Center

    Draine, Jeffrey; Wilson, Amy Blank; Pogorzelski, Wendy

    2007-01-01

    Intervention at the intersection of the mental health and criminal justice systems has followed a small set of service models with limited success and a narrow impact on the quality of treatment available to people with mental illness who experience arrest, court processing, incarceration, and release. In reviewing research on police, court, and…

  4. An Exploration of How Women Probation and Parole Officers Learn to Negotiate Power and Interest in the Criminal Justice System

    ERIC Educational Resources Information Center

    Varner, Barbara Eileen

    2010-01-01

    The purpose of this narrative inquiry was to explore the ways women probation and parole officers learn to negotiate power and interests in the criminal justice system. The women are considered officers of the courts and work within the constraints of the court system. The framework that informed this study was a critical feminist lens on the…

  5. International Criminal Court Cases in Africa: Status and Policy Issues

    DTIC Science & Technology

    2009-07-14

    Foreign Military Financing (FMF), and Excess Defense Articles (EDA) accounts for Kenya, Mali, Namibia , Niger, South Africa, and Tanzania. However...presidential waivers with respect to Kenya, Mali, Namibia , Niger, South Africa, and Tanzania.35 The Omnibus Appropriations Act of 2009 (P.L. 111-8) did not...Condemn ICC Over Bashir—Museveni,” The Monitor [Kampala], August 4, 2008; BBC Monitoring Africa, “AU differs with Botswana leader over ICC warrant

  6. From the Outside In. Shaping the International Criminal Court

    DTIC Science & Technology

    2006-05-01

    PDF document was made available from www.rand.org as a public service of the RAND Corporation. 6Jump down to document THE ARTS CHILD POLICY CIVIL...JUSTICE EDUCATION ENERGY AND ENVIRONMENT HEALTH AND HEALTH CARE INTERNATIONAL AFFAIRS NATIONAL SECURITY POPULATION AND AGING PUBLIC SAFETY SCIENCE AND...research organization providing objective analysis and effective solutions that address the challenges facing the public and private sectors

  7. Panel: challenging criminal charges for HIV transmission and exposure.

    PubMed

    Edwardh, Marlys; Adam, Barry; Joncas, Lucie; Clayton, Michaela

    2009-12-01

    Justice Edwin Cameron, of the Constitutional Court of South Africa, served as moderator. He said that this topic was particularly relevant for "an African/Canadian setting" because African countries may use Canadian developments as justification for their efforts to address HIV transmission and exposure through criminal law. Justice Cameron said that Canada is internationally perceived as a human rights-respecting state and, thus, sets an example, particularly for African nations, on how to comply with human rights issues. He added that in this particular case, however, Canada was sending the wrong message. This article contains summaries of the four presentations made during this panel. Marlys Edwardh reviews how the Supreme Court of Canada in Cuerrier interpreted the concepts of "endangering life" and "fraud". Barry Adam discusses the notion of a "duty to disclose" and how this affects HIV prevention. Lucie Joncas examines how the Supreme Court defined "fraud" in Cuerrier and describes a case before the Quebec Court of Appeal which may turn on whether the use of a condom or having a low viral load is considered not to constitute a significant risk of transmission. Finally, Michaela Clayton describes the trend in Southern African countries to adopt laws criminalizing HIV transmission or exposure, and explains that criminalization endangers women's health and lives.

  8. Medication Assisted Treatment in US Drug Courts: Results from a Nationwide Survey of Availability, Barriers and Attitudes

    PubMed Central

    Matusow, Harlan; Dickman, Samuel L.; Rich, Josiah D.; Fong, Chunki; Dumont, Dora M.; Hardin, Carolyn; Marlowe, Douglas; Rosenblum, Andrew

    2012-01-01

    Drug treatment courts are an increasingly important tool in reducing the census of those incarcerated for non-violent drug offenses; medication assisted treatment (MAT) is proven to be an effective treatment for opioid addiction. However, little is known about the availability of and barriers to MAT provision for opioid-addicted people under drug court jurisdiction. Using an online survey, we assessed availability, barriers, and need for MAT (especially agonist medication) for opioid addiction in drug courts. Ninety-eight percent reported opioid-addicted participants, 47% offered agonist medication (56% for all MAT including naltrexone). Barriers included cost and court policy. Responses revealed significant uncertainty, especially among non-MAT providing courts. Political, judicial and administrative opposition appear to affect MAT’s inconsistent use and availability in drug court settings. These data suggest that a substantial, targeted educational initiative is needed to increase awareness of the treatment and criminal justice benefits of MAT in the drug courts. PMID:23217610

  9. Patterns of Family Instability and Crime: The Association of Timing of the Family's Disruption with Subsequent Adolescent and Young Adult Criminality.

    ERIC Educational Resources Information Center

    Mednick, Birgitte R.; And Others

    1990-01-01

    Data from 408 males, aged 19 to 21 years, who participated in an 18-year follow-up study of a Danish Prospective Perinatal Cohort were analyzed to assess correlates of family disruption/instability and criminality/delinquency. Age, gender, divorce-related, socioeconomic, and parental influences were assessed. (TJH)

  10. The efficacy of the Rio Hondo DUI court: a 2-year field experiment.

    PubMed

    MacDonald, John M; Morral, Andrew R; Raymond, Barbara; Eibner, Christine

    2007-02-01

    This study reports results from an evaluation of the experimental Rio Hondo driving under the influence (DUI) court of Los Angeles County, California. Interviews and official record checks with 284 research participants who were randomly assigned to a DUI court or a traditional criminal court were assessed at baseline and at 24-month follow-up. The interviews assessed the impact of the DUI court on self-reported drunk driving behavior, the completion of treatment, time spent in jail, alcohol use, and stressful life events. Official record checks assessed the impact of the DUI court on subsequent arrests for driving under the influence and other drinking-related behaviors. Few differences on any outcomes were observed between participants in the experimental DUI court and those assigned to the traditional court. The results suggest that the DUI court model had little additional therapeutic or public safety benefit over the traditional court process. The implication of these findings for the popularity of specialized courts for treating social problems is discussed.

  11. Emotional intelligence and criminal behavior.

    PubMed

    Megreya, Ahmed M

    2015-01-01

    A large body of research links criminality to cognitive intelligence and personality traits. This study examined the link between emotional intelligence (EI) and criminal behavior. One hundred Egyptian adult male offenders who have been sentenced for theft, drug dealing or murder and 100 nonoffenders were administered the Bar-On Emotional Quotient Inventory (EQ-i). The offenders had lower levels of EI than the nonoffenders. In addition, EI varied as a function of the types of offenses. Namely, it decreased in magnitude with crime severity (lowest for murder, higher for drug dealing, and highest for theft). These results converged with the direct/ indirect aggression theory suggesting that indirect aggression requires more social intelligence than physical aggression. Forensic intervention programs should therefore include EI training, especially when violence is involved.

  12. 28 CFR 115.71 - Criminal and administrative agency investigations.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Criminal and administrative agency investigations. 115.71 Section 115.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Adult Prisons and Jails Investigations § 115.71 Criminal...

  13. 28 CFR 115.71 - Criminal and administrative agency investigations.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Criminal and administrative agency investigations. 115.71 Section 115.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Adult Prisons and Jails Investigations § 115.71 Criminal...

  14. 28 CFR 115.71 - Criminal and administrative agency investigations.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Criminal and administrative agency investigations. 115.71 Section 115.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Adult Prisons and Jails Investigations § 115.71 Criminal...

  15. Rulings in Argentinean and Colombian courts decriminalize possession of small amounts of narcotics.

    PubMed

    Cozac, David

    2009-12-01

    Two recent court decisions in South America have reflected a growing backlash in the region against the so-called, U.S.-led "war on drugs". In Argentina, the Supreme Court of Justice ruled unanimously on 25 August 2009 that the second paragraph of Article 14 of the country's drug control legislation, which punishes the possession of drugs for personal consumption, was unconstitutional. In Colombia, the Supreme Court of Justice ruled on 8 July 2009 that the possession of illegal drugs for personal use was not a criminal offence.

  16. Domestic Violence Courts: A Multisite Test of Whether and How They Change Offender Outcomes.

    PubMed

    Cissner, Amanda B; Labriola, Melissa; Rempel, Michael

    2015-09-01

    Findings are from an investigation of 24 criminal domestic violence courts (DVCs) across New York, testing their effect on recidivism, case processing, and case resolutions. Overall, we found a small positive impact on recidivism among convicted offenders. We further found that the sex of defendants moderated the court impact on case resolutions; that is, among male defendants only, DVCs increased conviction rates and sentences involving jail or prison. In addition, multi-level, multivariate analyses found that court policies specifically designed to increase victim safety, hold offenders accountable, and reduce offender recidivism (through deterrence or rehabilitation) were instrumental in reducing recidivism.

  17. The Effect of the Threat of Legal Sanction on Program Retention and Completion: Is that Why They Stay in Drug Court?

    ERIC Educational Resources Information Center

    Hepburn, John R.; Harvey, Angela N.

    2007-01-01

    Drug courts routinely rely on the threat of legal sanction to motivate drug-using criminal offenders to enter and complete community-based treatment programs. In light of the high failure rates among drug court participants, what is the effect of the threat of legal sanction on program retention and completion? A quasiexperimental research design…

  18. Colorado's energy boom: impact on crime and criminal justice

    SciTech Connect

    Not Available

    1981-02-01

    Information is reported on the impact of rapid energy development on western slope criminal justice agencies. The focus is on crime rates, law enforcement, the courts, and juvenile justice problems. The problems that are likely to develop and what might be done to minimize the negative consequences are analyzed. The social characteristics of boom towns and the changes resulting from rapid growth, the changes in crime rates, the impact experienced by law enforcement agencies and the courts, and information on planning and funding in impact areas are described. (MCW)

  19. Criminal Regulation of Anti-Forensic Tools in Japan

    NASA Astrophysics Data System (ADS)

    Ishii, Tetsuya

    This paper discusses the continuing landmark debate in a Japanese Court concerning the development and distribution of a peer-to-peer (P2P) file sharing program. The program, known as Winny, facilitates illegal activities such as piracy and the distribution of child pornography because of the encryption and anonymity afforded to users. The court has to determine whether Isamu Kaneko, the designer of Winny, is criminally liable for developing and distributing the program. This paper also assesses whether the judgment in the Winny case might set a precedent for regulating the creation and distribution of anti-forensic tools.

  20. Courts and Kids: Pursuing Educational Equity through the State Courts

    ERIC Educational Resources Information Center

    Rebell, Michael A.

    2009-01-01

    Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis…

  1. Greenhouse Gas Court Decision

    EPA Pesticide Factsheets

    View the June 26, 2012, U.S. Court of Appeals- D.C. Circuit's decision to uphold EPA's Endangerment Finding and greenhouse gas regulations issued under the Clean Air Act (CAA) for passenger vehicles and CAA permitting for stationary sources.

  2. Court-ordered caesareans.

    PubMed

    Prochaska, Elizabeth; Lomri, Sara

    2014-11-01

    Court-ordered caesarean sections are in the news after a number of recent legal decisions authorising surgery for women who lack mental capacity to consent. The decisions have not always been based on good evidence and they raise serious concerns about the protection of the rights of mentally ill women. The authors explain the legal process and question the wisdom of recent judgements.

  3. Supreme Court Review

    ERIC Educational Resources Information Center

    Williams, Charles F.; Hawke, Catherine

    2010-01-01

    Of the three branches of government, the Supreme Court usually receives the least national attention. Not so this year. In addition to another changing of the guard with the retirement of Justice Stevens and the nomination of Elena Kagan, the 2009-2010 term generated a great deal of controversy. And in a number of instances, the public's keen…

  4. Court of Public Opinion

    ERIC Educational Resources Information Center

    Oguntoyinbo, Lekan

    2011-01-01

    It was late on Election Day 2010 and Vander Plaats, a Sioux City, Iowa, businessman and leader of a campaign to oust three Iowa Supreme Court justices, had just gotten word that he and his team had pulled it off. The voters had rejected the three justices up for a retention vote: David Baker, Michael Streit, and Chief Justice Marsha Ternus.…

  5. State Court Organization, 1980.

    ERIC Educational Resources Information Center

    National Center for State Courts, Williamsburg, VA.

    Information on state court organization as of January 1, 1980, in the 50 states, American Samoa, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands is provided. Data were collected from published sources and through questionnaires. There are two major parts. Part I consists of 36 tables containing comparative data from all the…

  6. Supreme Court Roundup

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2005-01-01

    Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

  7. National Youth Court Guidelines.

    ERIC Educational Resources Information Center

    Godwin, Tracy M.

    Youth courts provide communities with an opportunity to impose immediate consequences for first time youthful offenders, while providing a peer operated disposition mechanism that constructively allows young people to take responsibility, be held accountable, and make amends for violating the law. Dispositions hold youth accountable in part…

  8. Supreme Court Roundup.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2001-01-01

    Discusses U.S. Supreme Court cases during the 2000-01 term. Focuses on federalism, such as the case Solid Waste Agency v. Army Corps of Engineers, No. 99-1178, and cases related to the U.S. Bill of Rights First Amendment, such as United States and Department of Agriculture v. United Foods, Inc., No. 00-276. (CMK)

  9. Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

    DTIC Science & Technology

    2005-05-19

    conduct under the First Amendment , and the symbolic importance of the United States flag. Consequently, every Congress that has convened since those...desecration under a Texas statute was inconsistent with the First Amendment and affirmed a decision of the Texas Court of Criminal Appeals that barred punishment for burning the flag as part of a public demonstration.

  10. 29 CFR 1980.114 - District Court jurisdiction of discrimination complaints.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... COMPLAINTS UNDER SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF... complainant may bring an action at law or equity for de novo review in the appropriate district court of the... the administrative law judge or the Board, depending upon where the proceeding is pending, a notice...

  11. Court Compliance as a Predictor of Postadjudication Recidivism for Domestic Violence Offenders

    ERIC Educational Resources Information Center

    Kindness, Alana; Kim, Han; Alder, Stephen; Edwards, Alison; Parekh, Asha; rOlson, Lenora M.

    2009-01-01

    This study evaluated pre- and postadjudication behavior of 220 male defendants convicted of a domestic violence-related offense using court records and police department data. Our goal was the identification of possible predictors for continued criminal behavior that could pose a risk of further harm to victims. Factors identified as significant…

  12. The Afro-American before the Burger Court, 1976-1978: Justice Granted or Justice Denied?

    ERIC Educational Resources Information Center

    Gill, Robert Lewis

    1978-01-01

    Supreme Court rulings during 1976-78 on capital punishment; criminal justice and prisoner rights; busing and school desegregation; discrimination in housing and employment; rights of illegitimates and family relations; abortion, voting rights, tenant landlord relations; and "reverse discrimination" have had a significant impact on Black…

  13. Enhancing the Effectiveness of Juvenile Drug Courts by Integrating Evidence-Based Practices

    ERIC Educational Resources Information Center

    Henggeler, Scott W.; McCart, Michael R.; Cunningham, Phillippe B.; Chapman, Jason E.

    2012-01-01

    Objective: The primary purpose of this study was to test a relatively efficient strategy for enhancing the capacity of juvenile drug courts (JDC) to reduce youth substance use and criminal behavior by incorporating components of evidence-based treatments into their existing services. Method: Six JDCs were randomized to a condition in which…

  14. Bad Kids: Race and the Transformation of the Juvenile Court. Studies in Crime and Public Policy.

    ERIC Educational Resources Information Center

    Feld, Barry C.

    This book examines what is wrong with the U.S. juvenile court system and proposes an alternative model for youth crime control and child welfare. Under this model, states would try all offenders in an integrated criminal justice system with appropriate modifications to accommodate younger offenders. The chapters are: (1) "The Social…

  15. [Urology facing the courts. The basis of professional responsibility].

    PubMed

    Haertig, A; Haillot, O; Chopin, G

    1989-01-01

    The liability of the urologist can be involved according to 3 procedures: The civil procedure is that of the Tribunal de Grande Instance (High Court) then the Cour d'Appel (Court of Appeal). Financial compensations are claimed from the surgeon for not respecting the medical contact. This contract is tacit, oral and carries obligations for the surgeon. The administrative procedure is that of the Tribunal Administratif (Administrative Court) then the Conseil d'Etat (Council of State). This only concerns the salaried surgeon in his salaried activities. The penal procedure is that of the Tribunal Correctionnel (Criminal Court) then the Cour d'Appel (Court of Appeal). The surgeon is then charged with a crime, usually unintensional injuries or through negligence. Although the harlm is easy to prove, the reality of the fault of the surgeon and the relation between fault and damage are far less so. It is the plaintiff (Civil Course, Administrative Cours) or the State Prosecutor (Penal Course) who must prove the fault and causality by the help of an expert's report. So, the responsibility of the surgeon can be committed. However, the development of the insurance system has allowed more widespread compensation without any fault found on the surgeon's part and increasingly frequent conciliatory procedures.

  16. Rodriguez: The State Courts Respond.

    ERIC Educational Resources Information Center

    Long, David C.

    1983-01-01

    Summarizes 16 state court decisions in 15 states concerning equity in statewide school finance systems, in the aftermath of the Supreme Court's San Antonio Independent School District v. Rodriguez" decision. Finds that some state legislatures and courts reformed their finance systems, while others let inequalities continue. (RW)

  17. Cultural considerations in the criminal law: the sentencing process.

    PubMed

    Boehnlein, James K; Schaefer, Michele N; Bloom, Joseph D

    2005-01-01

    In forensic psychiatry, there is increasing recognition of the importance of culture and ethnicity in the criminal justice process as the population becomes more culturally diverse. However, there has been little consideration of the role of cultural factors in the trial process for criminal defendants, particularly in the sentencing phase of trial. Using a capital murder case study, this article explores the role of cultural forensic psychiatric consultation, focusing on the sentencing phase of trial as the place where the full scope and power of a cultural evaluation can be brought most effectively to the attention of the court. Cultural psychiatric perspectives can enrich a core forensic evaluation and be maximally helpful to the court, by exploring family dynamics and psychological health influenced by cultural history, immigrant and refugee experiences, and sociocultural environment. Specific recommendations and cautions for effective cultural consultation in forensic psychiatry are discussed.

  18. Exploring the relationship between criminogenic risk assessment and mental health court program completion.

    PubMed

    Bonfine, Natalie; Ritter, Christian; Munetz, Mark R

    2016-01-01

    The two primary goals of mental health courts are to engage individuals with severe mental illness in the criminal justice system with clinical mental health services and to prevent future involvement with the criminal justice system. An important factor in helping to achieve both goals is to identify participants' level of clinical needs and criminogenic risk/needs. This study seeks to better understand how criminogenic risk affects outcomes in a mental health court. Specifically, we explore if high criminogenic risk is associated with failure to complete mental health court. Our subjects are participants of a municipal mental health court (MHC) who completed the Level of Services Inventory-Revised (LSI-R) upon entry to the program (N=146). We used binary logistic regression to determine the association between termination from the program with the total LSI-R. Our findings suggest that, net of prior criminal history, time in the program and clinical services received, high criminogenic risk/need is associated with failure to complete mental health court. In addition to providing clinical services, our findings suggest the need for MHCs to include criminogenic risk assessment to identify criminogenic risk. For participants to succeed in MHCs, both their clinical and criminogenic needs should be addressed.

  19. Recognition and understanding of goals and roles: The key internal features of mental health court teams.

    PubMed

    Gallagher, Mary; Skubby, David; Bonfine, Natalie; Munetz, Mark R; Teller, Jennifer L S

    2011-01-01

    The increasing involvement of people with mental illness in the criminal justice system has led to the formation of specialty programs such as mental health courts (hereafter MHCs). We discuss MHCs and the teams serving these courts. Specifically, we examine team members' perceptions of MHC goals and their own and others' roles on the MHC team. Using a semi-structured interview instrument, we conducted 59 face-to-face interviews with criminal justice and mental health treatment personnel representing 11 Ohio MHCs. Findings from our qualitative data analyses reveal that MHC personnel understand individuals' roles within the teams, recognize and appreciate the importance of different roles, and share common goals. MHCs could foster this level of understanding and agreement by working to recruit and retain individuals with experience in or willingness to learn about both the criminal justice and mental health systems. Future research should explore the impact of MHC team functioning on client outcomes.

  20. JPRS Report: East Asia, Southeast Asia, LPDR Criminal Code, Courts, and Criminal Procedure.

    DTIC Science & Technology

    1991-03-05

    an offender has evaded legal procedings, the statutory period begins upon surrender or arrest . [2 Apr 90 pp 2,3] [Text] Chapter V. Punishment...91. Illegal Arrest and Confinement. Anyone illegally arresting or confining another shall be imprisoned from six months to two years. In the event...years. An offender who is a professional procurer, procures underage females for prostitution, or compels females under one’s care to engage in

  1. Immigrants and the criminal justice system: an exploratory study.

    PubMed

    Davis, R C; Erez, E; Avitabile, N E

    1998-01-01

    Experts have argued that there are significant barriers to recent immigrants' use of the criminal justice system. This exploratory study, using convenience samples, is among the first to look empirically at the experiences of recent immigrant victims with the criminal justice system in the United States. Contrary to expectations, we found that immigrants reported relatively few problems unique to foreign-born persons in dealing with the police and the courts, and that their satisfaction with the justice system was comparable to levels reported in studies of native-born victims. The results suggest that although recent immigrants' expectations of the criminal justice system may be different from those of native born, the experiences of immigrant victims and their satisfaction with the justice system are similar in many respects to those of native-born victims.

  2. Outcomes and Recidivism in Mandated Batterer Intervention Before and After Introducing a Specialized Domestic Violence Court.

    PubMed

    Tutty, Leslie M; Babins-Wagner, Robbie

    2016-05-03

    Both specialized domestic violence (DV) courts and batterer intervention programs were developed to more adequately address intimate partner abuse and recidivism; however, little research has studied them concurrently. The current research examined clinical outcomes and police-reported recidivism in 382 men mandated to attend the Calgary Counselling Centre's Responsible Choices for Men's (RCM) groups between 1998 and 2009, before and after a specialized DV court was established in 2001. The study examines associations between categorical demographic and criminal justice variables, most of which were not correlated with post-group recidivism. Before the specialized court was implemented, 45 RCM members reported significantly more clinical issues at pretest than the 282 RCM members after court implementation (all scores adjusted by social desirability), although the effect sizes were negligible. Regarding group outcomes, depression, anxiety, and self-esteem (adjusted for social desirability) significantly improved on average for all RCM members irrespective of court implementation. Before the specialized DV court was developed, recidivism occurred after RCM program completion for a large proportion of men (41.2%), compared with only 8.2% after court implementation, a significant difference with a moderate effect size. The recidivism results are interpreted in the context of the significant justice and community collaborations entailed in creating the specialized DV court.

  3. Are judicial status hearings a "key component" of drug court? Six and twelve months outcomes.

    PubMed

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Lee, Patricia A

    2005-08-01

    Substantial evidence indicates that drug courts can be superior to traditional probation programs for enhancing treatment retention and reducing substance use and crime among drug offenders. Few studies have isolated the effects of the hypothesized "key components" of drug courts to determine their contributions to outcomes. This article presents outcomes at 6 and 12 months post-admission for misdemeanor drug court clients who were randomly assigned to different dosages of judicial status hearings. Although earlier work revealed superior during-treatment effects for high-risk participants who were assigned to more frequent bi-weekly hearings, those effects did not extend post-treatment. The results did reveal significant pre-to-post improvements for participants, as a whole, in self-reported drug use, alcohol use, and criminal recidivism; however, lacking a no-drug court control condition, it is not possible to discern the magnitude of the effect of the drug court program. Approximately, half of the participants resumed drug or alcohol use within 12 months of admission to drug court, and approximately 10-15% resumed illegal activities. These findings lend credence to the potential effectiveness of drug courts; however, continuing-care strategies are required to extend the effects of drug courts beyond the initial active phases of the program.

  4. Juveniles tried as adults: the age of the juvenile matters.

    PubMed

    Semple, Jaclyn K; Woody, William Douglas

    2011-08-01

    Serious juvenile crimes require evaluation of a child as a criminal defendant in adult court. In such cases, it is crucial to understand jurors' attitudes, biases, and ability to follow legal instructions and maintain fairness. 308 undergraduate psychology students served as mock jurors, were randomly separated into four groups, and each group read the same realistic summary of a trial with the defendant's age presented as 13, 15, 17, or 21 years. Participants were asked to render guilty or not guilty verdicts and, if guilty, to suggest sentences. Chi-squared analysis indicated 13- and 15-year-old defendants were convicted less often than 17- and 21-year-old defendants, showing that jurors distinguished between juvenile defendants of different ages, but not minors and adults as defined by law. Additional analysis showed that age did not affect sentencing recommendations. Decision processes jurors use for juveniles tried as adults are discussed.

  5. Teaching Criminal Law.

    ERIC Educational Resources Information Center

    Levin, Sandy

    1989-01-01

    Presents learning activities and resources for teaching senior level criminal law courses. Topics covered include arrest, search and seizure, bail, trial procedures, sentencing, and prisons. Objective is to encourage students to address societal issues. (LS)

  6. Criminality and climate change

    NASA Astrophysics Data System (ADS)

    White, Rob

    2016-08-01

    The impacts of climate change imply a reconceptualization of environment-related criminality. Criminology can offer insight into the definitions and dynamics of this behaviour, and outline potential areas of redress.

  7. Asperger's disorder and criminal behavior: forensic-psychiatric considerations.

    PubMed

    Haskins, Barbara G; Silva, J Arturo

    2006-01-01

    Asperger's Disorder remains an under-diagnosed condition because of clinical unfamiliarity with its adult presentation. As forensic clinicians become familiar with the presentation of Asperger's disorder, it appears that affected individuals are over-represented in forensic criminal settings. Unique features of such persons may heighten their risks for engaging in criminal behavior. Both Theory of Mind deficits and a predilection for intense narrow interests, when coupled with deficient social awareness of salient interpersonal and social constraints on behavior, can result in criminal acts. We discuss comorbidities of forensic relevance. We present several cases that highlight these issues and review the relevant forensic literature. Furthermore, there may be valid questions as to degree of criminal responsibility in such persons. From a neuropsychiatric perspective, these disorders appear to have a biological underpinning for deficits in empathy, a finding that may have important repercussions when assessing remorse in criminal proceedings.

  8. Genetics and criminal responsibility.

    PubMed

    Morse, Stephen J

    2011-09-01

    Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred. Advocates have tried to use genetic evidence to affect judgments of criminal responsibility. At present, however genetic research can provide little aid to assessments of criminal responsibility and it does not suggest a radical critique of responsibility.

  9. Screening for Malingering in a Criminal-Forensic Sample with the Personality Assessment Inventory

    ERIC Educational Resources Information Center

    Boccaccini, Marcus T.; Murrie, Daniel C.; Duncan, Scott A.

    2006-01-01

    In this study, the authors examined how overreporting of psychopathology indices on the Personality Assessment Inventory (PAI; L. C. Morey, 1991) performed as screening measures for malingering in a sample of 166 defendants undergoing pretrial court-ordered evaluations in the federal criminal justice system. Using results from the Structured…

  10. "People's Trials" in Communist China: An Informal Approach to Criminal Justice.

    ERIC Educational Resources Information Center

    Tiene, Drew

    1983-01-01

    Describes the contemporary Chinese justice system highlighting the elements of "western" justice it embodies. Presents lesson plans, complete with objectives, procedures, and all required materials, for illustrating the system with two recent Chinese criminal cases which were heard in "people's courts." (JDH)

  11. 78 FR 65933 - Restrictions on Legal Assistance With Respect to Criminal Proceedings

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-04

    ... multiple charges. Public Law 111-211, Tit. II, Subtitle C, Sec. 234(a), 124 Stat. 2280 (Jul. 29, 2010...-211, Tit. II, Subtitle C, Sec. 234(c)(2), 124 Stat. 2280. Of most relevance for LSC funding recipients... representation in all criminal proceedings before tribal courts. Public Law 111-211, Tit. II, Subtitle C,...

  12. Tennis Courts: A Construction and Maintenance Manual.

    ERIC Educational Resources Information Center

    United States Tennis Court & Track Builders Association.

    This manual addresses court design and planning; the construction process; court surface selection; accessories and amenities; indoor tennis court design and renovation; care and maintenance tips; and court repair, reconstruction, and renovation. General and membership information is provided on the U.S. Tennis Court and Track Builders Association…

  13. 20 CFR 243.3 - Payments pursuant to court decree or court-approved property settlement.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Payments pursuant to court decree or court... to court decree or court-approved property settlement. Certain annuity components are subject to division pursuant to a court decree or to a court-approved property settlement incident to any such...

  14. Supreme Court Term in Review

    ERIC Educational Resources Information Center

    Hawke, Catherine

    2012-01-01

    One can't have a meaningful discussion about the 2011-2012 U.S. Supreme Court term without mentioning the historic health care challenge. However, even without that headliner, the term was jam-packed with interesting twists and turns. In addition to health care, the Court confronted a number of hot-button issues, including: immigration, the rights…

  15. The Supreme Court and Vouchers.

    ERIC Educational Resources Information Center

    Russo, Charles J.; Mawdsley, Ralph D.

    2002-01-01

    Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…

  16. Court Cases about Teacher Insubordination

    ERIC Educational Resources Information Center

    O'Neal, Cory Shawn

    2013-01-01

    The purpose of this research is to examine court cases about adverse employment actions against public educators for insubordination, in an effort to understand what courts consider to be "insubordination." This study represents qualitative document-based research that was based upon the analysis of case law. The research sources were…

  17. Intervention of the Courts in School Finance.

    ERIC Educational Resources Information Center

    Hack, Walter G.

    1978-01-01

    The rhythm and intensity of judicial activity, questions and issues adjudicated by the courts, judicial approaches and strategies, and the roles played by the courts are discussed with regard to court intervention in state school finance systems. (DS)

  18. European courts and old people.

    PubMed

    Mulley, Graham P

    2013-09-01

    There are two major European Courts, the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ECJ deals with legal matters, mainly involving the interpretation of EU law and ensuring that the law is applied evenly across all 27 EU member states. The ECHR aims to make certain that civil and political rights of citizens in the 46 member states of the Council of Europe are observed. Most cases involving older citizens are about social policy (such as pension arrangements, equality, age discrimination and mandatory retirement). There have been few cases dealing with patients' rights, long-term care or housing. Referrals of selected cases involving old people should be considered if their rights are not being protected. In this Commentary, there is an account of how these Courts have evolved, together with guidance on whom to refer, to which Court, and when and how referrals should be made.

  19. An Experimental Trial of Adaptive Programming in Drug Court: Outcomes at 6, 12 and 18 Months

    PubMed Central

    Marlowe, Douglas B.; Festinger, David S.; Dugosh, Karen L.; Benasutti, Kathleen M.; Fox, Gloria; Harron, Ashley

    2013-01-01

    Objectives Test whether an adaptive program improves outcomes in drug court by adjusting the schedule of court hearings and clinical case-management sessions pursuant to a priori performance criteria. Methods Consenting participants in a misdemeanor drug court were randomly assigned to the adaptive program (n = 62) or to a baseline-matching condition (n = 63) in which they attended court hearings based on the results of a criminal risk assessment. Outcome measures were re-arrest rates at 18 months post-entry to the drug court and urine drug test results and structured interview results at 6 and 12 months post-entry. Results Although previously published analyses revealed significantly fewer positive drug tests for participants in the adaptive condition during the first 18 weeks of drug court, current analyses indicate the effects converged during the ensuing year. Between-group differences in new arrest rates, urine drug test results and self-reported psychosocial problems were small and non-statistically significant at 6, 12 and 18 months post-entry. A non-significant trend (p = .10) suggests there may have been a small residual impact (Cramer's ν = .15) on new misdemeanor arrests after 18 months. Conclusions Adaptive programming shows promise for enhancing short-term outcomes in drug courts; however, additional efforts are needed to extend the effects beyond the first 4 to 6 months of enrollment. PMID:25346652

  20. Forensic Assessment of Juvenile Delinquents: Prevalence of Psychopathology and Decision-Making at Court in the Netherlands.

    ERIC Educational Resources Information Center

    Doreleijers, Theo A. H.; Moser, Francoise; Thijs, Petra; van Engeland, Herman; Beyaert, Frank H. L.

    2000-01-01

    Investigates to what extent the juvenile criminal law achieves the goal of providing effective professional help in cases for which such assistance is indicated, by reviewing assessments of a sample of juveniles (N=108) brought before the court. It concludes that young delinquents need to be more adequately screened for psychiatric disorders as…

  1. Positive behavioral intervention in children who were wards of the court attending a mainstream school.

    PubMed

    Navarro, Jose I; Aguilar, Manuel; Aguilar, Concepcion; Alcalde, Concepcion; Marchena, Esperanza

    2007-12-01

    This report looked at the effects of treatment using contingency contracts and token economy procedures in three children, two 14 yr. and one 8 yr., who were wards of the court and attending a mainstream school. Students presented problems of adaptation to school, such as making constant noises with the mouth, hands, or pencil on the desk; frequently emitted raucous cries in the classroom; destruction of school resource materials; verbal aggression to classmates and teachers; verbal rejection of all academic work, refusing to do it, making negative comments prior to starting any school activity, in addition to lack of motivation for undertaking school activities. A 4-mo. individual treatment using contingency contracts and token economy behavioral procedures was implemented, with several follow-up sessions. The results indicated an adaptation of behavior to the school environment, confirmed by teachers, significantly reducing the incidence of insults, the destruction of school materials, and indolence during class sessions. These students are at high risk for social exclusion. Interventions have potential social importance in possible prevention of adult criminality, increasing academic achievement, and decreasing social exclusion.

  2. Can Education Reform Canada's Criminals?

    ERIC Educational Resources Information Center

    Griffin, D. K.

    1978-01-01

    Discusses the development of the existing correctional programs in Canada's prisons, some theories of criminality, and two competing views on the best way to reform criminals today. Also gives a short review of penitentiary education programs. (RK)

  3. 25 CFR 11.406 - Criminal coercion.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal coercion. 11.406 Section 11.406 Indians BUREAU... ORDER CODE Criminal Offenses § 11.406 Criminal coercion. (a) A person is guilty of criminal coercion if... threatens to: (1) Commit any criminal offense; or (2) Accuse anyone of a criminal offense; or (3) Take...

  4. Quality of criminal responsibility reports submitted to the Hawaii judiciary.

    PubMed

    Fuger, Kristen D; Acklin, Marvin W; Nguyen, Annie H; Ignacio, Lawrie A; Gowensmith, W Neil

    2014-01-01

    This paper is the third in a series of research reports on quality of forensic mental health evaluations submitted to the Hawaii judiciary. Previous studies examined quality of reports assessing competency to stand trial (CST) and post-acquittal conditional release, in felony defendants undergoing court-ordered examinations. Utilizing a 44-item quality coding instrument, this study examined quality of criminal responsibility reports in a sample of 150 forensic mental health evaluations conducted between 2006 and 2010 by court-appointed panels. Raters attained high levels of agreement in training and quality coding. Similar to the previous studies, overall quality of reports was mediocre, falling below the .80 quality criterion score for report elements, regardless of evaluator professional identification or employment status. Level of agreement between evaluators and judicial sanity determinations was "fair" using Cicchetti's (1994) standards for interpretation of intra-class correlations. Level of agreement was lower than previously published findings for CST reports and better than conditional release reports. Reasons for mediocre report quality and "fair" inter-rater agreement are discussed, including the fact that criminal responsibility evaluations are complex, retrospective in nature, and involve significant degrees of inference. In contrast to CST evaluations, assessment of criminal responsibility involves a mental state at the time of the offense evaluation. Threats to reliability in forensic reports are discussed. Suggestions for improvement of report quality are proffered, including standardization of procedures and report format and use of forensic assessment instruments.

  5. Brain lesions and their implications in criminal responsibility.

    PubMed

    Batts, Shelley

    2009-01-01

    For over 200 years, Western courts have considered pleas of "not guilty by reason of insanity" (NGRI) for defendants in possession of a mental defect rendering them unable to understand the wrongfulness of their act. Until recently, determining the mental state of a defendant has fallen largely upon the shoulders of court psychologists and experts in psychiatry for qualitative assessments related to NGRI pleas and mitigation at sentencing. However, advances in neuroscience--particularly neurological scanning techniques such as magnetic resonance imaging (MRI), functional magnetic resonance imaging (fMRI), computed tomography scanning (CT), and positron emission tomography scanning (PET)--may provide additional, pertinent biological evidence as to whether an organically based mental defect exists. With increasing frequency, criminal defense attorneys are integrating neuroimaging data into hearings related to determinations of guilt and sentencing mitigation. This is of concern, since not all brain lesions and abnormalities indicate a compromised mental state that is relevant to knowing whether the act was wrong at the time of commission, and juries may be swayed by neuroscientific evidence that is not relevant to the determination of the legal question before them. This review discusses historical and modern cases involving the intersection of brain lesions and criminality, neuroscientific perspectives of how particular types of lesions may contribute to a legally relevant mental defect, and how such evidence might best be integrated into a criminal trial.

  6. [Situation of legal conflicts in criminal proceedings].

    PubMed

    Krause, Daniel M

    2003-11-01

    Criminal proceedings against physicians involving an alleged professional malpractice usually represent a complex problem raising issues in various (potential) areas of conflict. In many cases such proceedings are accompanied by liability actions in civil courts, occasionally proceedings have been initiated by the Medical Board in order to clarify a case of professional misconduct. Often, a medical malpractice insurance is involved. In order to protect the physician's interests in the best possible way, any action in the various matters needs concerted efforts. No statement or comment regarding the allegations should be rendered to the prosecution before access to the investigation file has been granted. No negative conclusions may be drawn from the use of the right to refuse testimony. The preparation of a written statement requires a thorough legal and factual analysis of the allegations as well as the evidence they are based on. In this respect professional legal assistance is essential. It does not constitute a breach of the doctor-patient confidentiality if the physician discloses information in order to defend himself against criminal allegations. If several physicians are charged with an offense it is recommendable in most cases to coordinate defense activities.

  7. Diversion of patients with mental illness from court-ordered care to immigration detention.

    PubMed

    Venters, Homer; Keller, Allen S

    2012-04-01

    Over 350,000 immigrants are detained by U.S. Immigration and Customs Enforcement (ICE) each year. An unknown fraction of these detainees have serious mental illnesses and are taken into ICE custody even though a criminal court has ordered them to enter inpatient mental health care. The authors report findings from 16 such cases in which they have provided advocacy over the past four years. In some cases, they were able to secure release of detainees into inpatient care in community (nonforensic) settings, which involved substantial logistical challenges. Given the well-documented concerns about securing adequate care for ICE detainees with mental illness, a logical policy change would be for ICE to allow these patients to enter court-ordered inpatient care. This move would improve care for patients and would also unburden ICE from the untenable proposition of caring for patients that the criminal justice system has deemed unfit for incarceration.

  8. Young Adult Outcomes of Juvenile Court–Involved Girls

    PubMed Central

    Bright, Charlotte Lyn; Jonson-Reid, Melissa

    2013-01-01

    The recent increase in the number of girls involved in the juvenile justice system has resulted in increased academic and public attention. Thus far, this attention has focused on entry into the juvenile justice system rather than longer-term consequences. This research helps fill this gap by examining a sample of 700 maltreated and/or impoverished juvenile court–involved females. Competing risks models were used to control for time from juvenile-court entry to adult outcomes: criminal justice system involvement, use of public mental health or substance use services, and income maintenance use. Results indicate that there are distinct predictors associated with the different outcomes, although learning disability and adolescent parenthood were associated with higher risk of both mental health/substance use services and income maintenance. Individualized services for juvenile court–involved girls are suggested. Prospective, longitudinal research is needed to investigate intrapsychic and behavioral dynamics associated with females’ young adult outcomes. PMID:23430819

  9. Criminal Psychological Profiling

    DTIC Science & Technology

    1993-10-18

    Conan Doyle in the late 1800s,1 Sherlock Holmes solved his cases by attention to detail, utilization of a wide range of knowledge, and a keen...definition, they all specialized in trying to understand the criminal mind. Heading Mr. Porter’s list is the famous Sherlock Holmes. Created by Sir Arthur

  10. Managing Criminal Investigations.

    ERIC Educational Resources Information Center

    Bloch, Peter B.; Weidman, Donald R.

    The report discusses many ways for police managers to improve the success of their departments' criminal investigation efforts. Management issues addressed include budgeting and allocating resources; improving relationships with the prosecutor; interacting with the public, especially victims and witnesses; improving relationships between…

  11. Criminal Justice Curriculum Models.

    ERIC Educational Resources Information Center

    Lumb, Richard C.; Alm, Mary

    This report outlines three new curriculum models for criminal justice developed as part of the North Carolina Community College System's Curriculum Improvement Project (CIP): the "Generalist"; "Generalist-with-Options" for a Law Enforcement Specialty, Corrections Specialty, or Protective Services Specialty; and "Generalist…

  12. Crimes against Humanity: The Role of International Courts

    PubMed Central

    Schneider, Éder Milton; Iglesias, José Roberto; Hallberg, Karen; Kuperman, Marcelo Néstor

    2014-01-01

    We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a “decent” one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system. PMID:24967894

  13. Crimes against humanity: the role of international courts.

    PubMed

    Schneider, Eder Milton; Iglesias, José Roberto; Hallberg, Karen; Kuperman, Marcelo Néstor

    2014-01-01

    We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

  14. Your business in court: 2009-2010.

    PubMed

    Reiss, John B; Hall, Christopher R; Wartman, Gregory J

    2011-01-01

    During this period, FDA focused considerable effort on its transparency initiative, which is likely to continue into the coming year, as well as continuing to ramp up its enforcement activities, as we predicted last year. The scope of the agency's ability to pre-empt state laws in product liability litigation involving pharmaceutical products still is developing post-Levine, and we are likely to see new decisions in the coming year. Fraud and abuse enforcement still is a major factor facing the industry, with the added threat of personal exposure to criminal sentences, fines and debarment from participation in federal and state programs under the Responsible Corporate Officer doctrine, or under the authorities exercised by the Department of Health and Human Services Office of the Inspector General. Consequently, it is increasingly important that senior corporate officers ensure active oversight of an effective compliance program which should mitigate these risks. The Federal Trade Commission continues to battle consumer fraud, particularly respecting weight loss programs, and it appears to be fighting a losing battle in its effort to prevent "reverse" payments to generic manufacturers by Innovator Manufacturers to delay the introduction of generics to the market. The Securities and Exchange Commission continues to be actively enforcing the Foreign Corrupt Practices Act. The Supreme Court gave shareholders more leeway in bringing stockholder suits in situations where a company conceals information that, if revealed, could have a negative effect on stock prices.

  15. First Year at Somerset Court

    ERIC Educational Resources Information Center

    Elgar, Sybil

    1975-01-01

    Twenty-three autistic adolescents are currently being provided with individualized programs of education, social and work experience at Somerset Court, the first British residential center of its kind. (LH)

  16. The Rehnquist Court Comes of Age.

    ERIC Educational Resources Information Center

    O'Brien, David M.

    1989-01-01

    Analyzes the actions and effects of the U.S. Supreme Court under Chief Justice William H. Rehnquist. Considers Court decisions written in 1988-1989, commenting on the Court's growing self-confidence and strength. Concludes that the Rehnquist Court could be one of the most lasting legacies of the Reagan era. (LS)

  17. Citizen Court Watching: The Consumer's Perspective.

    ERIC Educational Resources Information Center

    Carlson, Kenneth; And Others

    The document presents a state-of-the-art review of citizen court watching projects. It examines two particularly well-documented projects, and offers guidelines for citizen effort in court improvement. Citizen court watching is interpreted to include unofficial court monitoring, observation, and recommendation for reform by citizen groups and…

  18. Three Years of Teen Court Offender Outcomes

    ERIC Educational Resources Information Center

    Forgays, Deborah Kirby

    2008-01-01

    Since 1983, Teen Courts have offered a judicial alternative for many adolescent offenders. In the first year of the Whatcom County Teen Court Program, a small sample of Teen Court offenders had more favorable outcomes than did Court Diversion offenders. In the current study, the results are based on a three-year sample of 84 Whatcom County…

  19. Alias: lying to the police and pathological criminal behavior.

    PubMed

    Delisi, Matt; Drury, Alan; Behnken, Monic; Vaughn, Michael G; Caudill, Jonathan W; Trulson, Chad R

    2013-07-01

    The use of aliases has been shown to be associated with antisocial behavior, but the empirical research on this topic is modest. The current study employs a multiple analytical approach to explore the association between aliases and career criminality in two large samples of adult offenders. We hypothesized that the use of aliases would not only be strongly associated with arrest history but this singular behavior would accurately classify a large proportion of habitual criminals. Results show that alias usage is robustly associated with career arrests net the effects of arrest onset, age, and sex in negative binomial regression models and was an excellent classifier (AUC = .82) of habitual criminality. Implications of the findings for forensic and criminal justice practitioners are offered.

  20. Childhood Maltreatment and Conduct Disorder: Independent Predictors of Criminal Outcomes in ADHD Youth

    ERIC Educational Resources Information Center

    De Sanctis, Virginia A.; Nomura, Yoko; Newcorn, Jeffrey H.; Halperin, Jeffrey M.

    2012-01-01

    Objective: Children with attention-deficit/hyperactivity disorder (ADHD) are at heightened risk for maltreatment in childhood and criminality as they enter into adolescence and early adulthood. Here, we investigated the effect of moderate to severe childhood maltreatment on later criminality among adolescents/young adults diagnosed with ADHD in…

  1. Criminal Justice. [FasTrak Specialization Integrated Technical and Academic Competency (ITAC).] 2002 Revision.

    ERIC Educational Resources Information Center

    Ohio State Dept. of Education, Columbus. Div. of Career-Technical and Adult Education.

    This curriculum for a criminal justice program is designed for students interested in pursuing a future in law enforcement or a related public safety profession. The criminal justice program in the career-technical and adult education center is a two-year curriculum that is divided into these 14 units: orientation; legal aspects; communication…

  2. Young Black Men and the Criminal Justice System: A Growing National Problem.

    ERIC Educational Resources Information Center

    Mauer, Marc

    The impact of the criminal justice system on Black male adults in the 20-to-29 year age group was examined. End results of the large-scale involvement of young Black men in the criminal justice system are considered, and the implications for crime control are discussed. Using data from Bureau of Justice Statistics and the Bureau of the Census…

  3. Criminality among Female Drug Users Following an HIV Risk-Reduction Intervention

    ERIC Educational Resources Information Center

    Theall, Katherine P.; Elifson, Kirk W.; Sterk, Claire E.; Stewart, Eric A.

    2007-01-01

    The main objectives of this article are to determine the prevalence of criminality among a sample of female African American drug users and to examine change in criminality over time, including the correlates associated with this change. Data were collected from 336 adult women who participated in an HIV risk-reduction intervention focused on the…

  4. Adjudicating pathological criminal incapacity within a climate of ultimate issue barriers: a comparative perspective.

    PubMed

    Stevens, Geert Philip

    2015-01-01

    Mental health experts are increasingly being utilised by the criminal justice system to provide assistance to courts during the assessment of issues falling beyond the knowledge and/or experience of the courts. A particular domain where the assistance of qualified psychiatrists and psychologists is becoming essential is where the defence of pathological criminal incapacity falls to be assessed. Mental health professionals testifying during trials where the defence of pathological criminal incapacity is raised will present opinion evidence which is one of the exceptions to the rule of inadmissibility of opinion evidence. Mental health professionals providing their opinion evidence are, however, prohibited from expressing opinions on so-called "ultimate issues" upon which only the court may ultimately rule upon. The latter rule is also commonly known in practice as the "ultimate issue" rule which presents multifaceted challenges in respect of the application of the defence of pathological criminal incapacity. In this article, the author assesses the application of the ultimate issue rule with reference to the defence of pathological criminal incapacity as it operates within the South African criminal law context. A comparative analysis is also provided with reference to the rule as it operates in the United States of America and more specifically Federal Rule 704. It is concluded that the ultimate issue rule unnecessarily restricts testimony provided by mental health professionals as such placing a barrier on such evidence. As such, it is argued that the rule is superfluous as it remains within the discretion of the trier of fact to decide as to what weight to attach to such evidence.

  5. A Pilot Test of a Mobile App for Drug Court Participants

    PubMed Central

    Johnson, Kimberly; Richards, Stephanie; Chih, Ming-Yuan; Moon, Tae Joon; Curtis, Hilary; Gustafson, David H.

    2016-01-01

    The U.S. criminal justice system refers more people to substance abuse treatment than any other system. Low treatment completion rates and high relapse rates among addicted offenders highlight the need for better substance use disorder treatment and recovery tools. Mobile health applications (apps) may fill that need by providing continuous support. In this pilot test, 30 participants in a Massachusetts drug court program used A-CHESS, a mobile app for recovery support and relapse prevention, over a four-month period. Over the course of the study period, participants opened A-CHESS on average of 62% of the days that they had the app. Social networking tools were the most utilized services. The study results suggest that drug court participants will make regular use of a recovery support app. This pilot study sought to find out if addicted offenders in a drug court program would use a mobile application to support and manage their recovery. PMID:26917964

  6. A Pilot Test of a Mobile App for Drug Court Participants.

    PubMed

    Johnson, Kimberly; Richards, Stephanie; Chih, Ming-Yuan; Moon, Tae Joon; Curtis, Hilary; Gustafson, David H

    2016-01-01

    The U.S. criminal justice system refers more people to substance abuse treatment than any other system. Low treatment completion rates and high relapse rates among addicted offenders highlight the need for better substance use disorder treatment and recovery tools. Mobile health applications (apps) may fill that need by providing continuous support. In this pilot test, 30 participants in a Massachusetts drug court program used A-CHESS, a mobile app for recovery support and relapse prevention, over a four-month period. Over the course of the study period, participants opened A-CHESS on average of 62% of the days that they had the app. Social networking tools were the most utilized services. The study results suggest that drug court participants will make regular use of a recovery support app. This pilot study sought to find out if addicted offenders in a drug court program would use a mobile application to support and manage their recovery.

  7. Education and Training for Criminal Justice; A Directory of Programs in Universities and Agencies (1965-1967).

    ERIC Educational Resources Information Center

    Piven, Herman; Alcabes, Abraham

    This directory lists academic institutions and service organizations which report major training programs for practice in corrections, law enforcement, and the courts. Part one lists the colleges, universities, and graduate professional schools which offer a major course of study for practice in the field of criminal justice. Part two contains a…

  8. Criminal responsibility and predictability

    NASA Astrophysics Data System (ADS)

    Siccardi, F.

    2009-04-01

    The Italian Civil Protection has developed a set of technologies and rules for issuing early warnings. The right to be protected from natural disasters is felt intensely by people. The evaluation of the size of the target areas and of the severity of events is subject to inherent uncertainty. Victims in areas and at times where early warnings are not provided for are possible. This causes, not always, but more and more frequently, people complaining in courts against civil protection decision makers. The concept of real time uncertainty and conditional probability is difficult to be understood in courts, where the timeliness and effectiveness of the alert is under judgement. A reflection on scientific and technological capabilities is needed.

  9. Teen Courts and Law-Related Education. ERIC Digest.

    ERIC Educational Resources Information Center

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  10. 25 CFR 11.410 - Criminal mischief.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal mischief. 11.410 Section 11.410 Indians BUREAU... ORDER CODE Criminal Offenses § 11.410 Criminal mischief. (a) A person is guilty of criminal mischief if... another to suffer pecuniary loss by deception or threat. (b) Criminal mischief is a misdemeanor if...

  11. Medication-assisted treatment in criminal justice agencies affiliated with the criminal justice-drug abuse treatment studies (CJ-DATS): availability, barriers, and intentions.

    PubMed

    Friedmann, Peter D; Hoskinson, Randall; Gordon, Michael; Schwartz, Robert; Kinlock, Timothy; Knight, Kevin; Flynn, Patrick M; Welsh, Wayne N; Stein, Lynda A R; Sacks, Stanley; O'Connell, Daniel J; Knudsen, Hannah K; Shafer, Michael S; Hall, Elizabeth; Frisman, Linda K

    2012-01-01

    Medication-assisted treatment (MAT) is underutilized in the treatment of drug-dependent, criminal justice populations. This study surveyed criminal justice agencies affiliated with the Criminal Justice Drug Abuse Treatment Studies (CJ-DATS) to assess use of MAT and factors influencing use of MAT. A convenience sample (N = 50) of criminal justice agency respondents (e.g., jails, prisons, parole/probation, and drug courts) completed a survey on MAT practices and attitudes. Pregnant women and individuals experiencing withdrawal were most likely to receive MAT for opiate dependence in jail or prison, whereas those reentering the community from jail or prison were the least likely to receive MAT. Factors influencing use of MAT included criminal justice preferences for drug-free treatment, limited knowledge of the benefits of MAT, security concerns, regulations prohibiting use of MAT for certain agencies, and lack of qualified medical staff. Differences across agency type in the factors influencing use and perceptions of MAT were also examined. MAT use is largely limited to detoxification and maintenance of pregnant women in criminal justice settings. Use of MAT during the community reentry period is minimal. Addressing inadequate knowledge and negative attitudes about MAT may increase its adoption, but better linkages to community pharmacotherapy during the reentry period might overcome other issues, including security, liability, staffing, and regulatory concerns. The CJ-DATS collaborative MAT implementation study to address inadequate knowledge, attitudes, and linkage will be described.

  12. Shared psychotic disorder and criminal responsibility: a review and case report of folie à trois.

    PubMed

    Joshi, Kaustubh G; Frierson, Richard L; Gunter, Tracy D

    2006-01-01

    We present a case of shared psychotic disorder involving three sisters who were successful in establishing an insanity defense on numerous felony charges in the South Carolina criminal court system. Two of the authors of this article were court-appointed examiners in this case. We then present a history of shared psychotic disorder, an overview of the use of this diagnosis in the defense of insanity, and a discussion of the disposition of individuals with "temporary insanity." Finally, we compare shared psychotic disorder, culturally based belief systems, and religious cults, with a focus on their common and contrasting characteristics.

  13. Does recent physical and sexual victimization affect further substance use for adult drug-involved offenders?

    PubMed

    Zweig, Janine M; Yahner, Jennifer; Rossman, Shelli B

    2012-08-01

    This study examined whether physical and sexual victimization experiences were related to further substance use for a sample of drug-involved adult offenders and whether this increase could be attributed to depression experienced after the victimization occurred. A total of 674 men and 284 women from the longitudinal Multisite Adult Drug Court Evaluation (MADCE) were included in analyses. The study included 23 drug court and 6 comparison sites. Study participants completed three interviews: at baseline enrollment and then at 6 and 18 months after baseline. Multilevel path modeling showed that physical and sexual victimization experiences during the year before the baseline interview were associated with further substance use at 18 months and that this relationship was mediated by depression. All relationships held for both men and women, and beyond the contribution of several control variables, including drug court program participation. Public health and criminal justice personnel working with substance-using offenders should screen individuals for victimization-related trauma and, if identified, provide assistance to evaluate and improve such individuals' mental health and, subsequently, decrease their likelihood of using substances.

  14. Criminal Careers and Cognitive Scripts: An Investigation into Criminal Versatility

    ERIC Educational Resources Information Center

    Gavin, Helen; Hockey, David

    2010-01-01

    "Criminal careers" denotes ways in which offenders develop specialisms and versatility, but studies linking delinquency to social skills deficits have not attempted to explore cognitive, internalised processes by which such "careers" might be chosen. This study investigated criminal minds via script theory: "internal"…

  15. [Is retrospective preventive detention finished? Legal consequences of the verdict of the European Court of Human Rights from 17.12.2009].

    PubMed

    Leygraf, J

    2010-07-01

    On 17.12.2009 the European Court of Human Rights announced a verdict on the admissibility of retrospective abolition of the 10-year time limit for the first preventive detention for violent criminals after a court process lasting 5.5 years. The Court decreed that this was a breach of the Convention and awarded the internee damages of 50,000 EUR. This verdict, which has initially brought the damages to the person concerned but not freedom, will have substantial effects on the right of preventive detention. This decision is final since 10 May 2010 after the High Court rejected the appeal of the Federal Government. This article presents the verdict of the European Court and discusses the sequelae for the right of preventive detention.

  16. Obtaining the child testimony in the criminal proceedings.

    PubMed

    Marinović, Dunja; Palijan, Tija Zarković; Marinović, Marin; Krpina, Milena Gasparović; Piglić, Iva; Nikolić, Harry

    2010-04-01

    Children fall under the special category of vulnerable witnesses. Children's vulnerability is the reason that we must approach obtaining the child's testimony in the criminal proceedings with special attention. It is important to take the child's testimony as soon as possible and to avoid the repetition of interrogation. The criminal proceedings law and the juvenile court law enable children interrogation through the professional person without the presence of other parties in the procedure and enable the recording of such interrogation by audio-video link which considerably diminish the secondary victimization. The professionals who obtain the testimony must be well acquainted with children's psychological development. Knowledge of psychological development is of major importance in order to make the quality arrangements for interrogation and to interrogate the child and to achieve positive social contact between the examiner and the examinee and it is also of great importance for the credibility evaluation of the child's testimony. The adequate way of children interrogation will enable the child to say the correct information and to recognize the perpetrator. The forensic interview is well elaborated and child adapted technique of interrogation. Respecting the rules of forensic interview will enable the child's testimony on court to be relevant evidence.

  17. Initiation of Addiction Treatment and Access to Services: Young Adults' Accounts of Their Help-Seeking Experiences.

    PubMed

    Wagner, Vincent; Bertrand, Karine; Flores-Aranda, Jorge; Acier, Didier; Brunelle, Natacha; Landry, Michel; Brochu, Serge

    2016-12-04

    Substance addiction in young adults is particularly problematic. Yet, much remain at stake in understanding the specifics of this population's access to services. The objective of this study is to explore young adults' initiation of substance misuse treatment. Our study sample was composed of 35 individuals aged 18 to 30 with problematic psychoactive substance use who have been identified in criminal courts, hospital emergency departments, and Health and Social Services Centers in Québec (Canada). A thematic analysis was performed on the 62 semi-structured interviews conducted with participants. Three components emerged. First, personal elements-expectations, individual motivations, perceptions of use, and capacity to control it-influence initiation of substance misuse treatment. Second, family and peers have noticeable influences. Finally, system characteristics and prior care experiences also shape the process. Consideration should be given to tailor interventions that can reach young adults and encourage them to initiate appropriate care.

  18. Should Courts Write Your Job Descriptions?

    ERIC Educational Resources Information Center

    Wendt, George R.

    1976-01-01

    Some relationships of the Equal Pay Act and the court practice of writing job descriptions and making evaluations are examined with the aim of suggesting ways to eliminate court involvement in the average personnel or industrial engineering department. (TA)

  19. Causality in criminal forensic and in civil disability cases: Legal and psychological comparison.

    PubMed

    Young, Gerald

    2015-01-01

    Causality (or causation) is central to every legal case, yet its underlying philosophical, legal, and psychological definitions and conceptions vary. In the criminal context, it refers to establishing the responsibility of the perpetrator of the criminal act at issue in terms of the person's mental state (mens rea), and whether the insanity defense applies. In the forensic disability and related context, it refers to whether the index event is a material or contributing cause in the multifactorial array that led to the psychological condition at issue. In both the criminal and tort contexts, the legal test is a counterfactual one. For the former, it refers to whether the outcome involved would have resulted absent the act (e.g., in cases of simultaneous criminal lethal action, which one is the but-for responsible one). For the latter, it concerns whether the claimed psychological condition would be present only because of the incident at issue. The latter event at issue is distinguished from the criminal one by its negligence compared to the voluntary intent in the criminal case. The psychological state of the perpetrator of criminal conduct can be analyzed from a biopsychosocial perspective as much as the civil one. In this regard, in the civil case, such as in forensic disability and related assessments, pre-existing, precipitating, and perpetuating factors need to be considered causally, with personal and social resilience and protective factors added, as well. In the criminal context, the same biopsychosocial model applies, but with mental competence and voluntariness added as a critical factor. The advent of neurolaw has led to use of neuroscience in court, but it risks reducing the complexity of criminal cases to unifactorial, biological models.

  20. Therapeutic jurisprudence and mental health courts for Maori.

    PubMed

    Toki, Valmaine

    2010-01-01

    For Maori, indigenous peoples of New Zealand, the Treaty of Waitangi required the Crown to protect all the treasures of Maori. This has been taken to include health and cultural concepts, values and practices. Despite this guarantee studies indicate that half of all Maori will develop a mental disorder within their lifetime. Failure by the Crown to provide adequate services has led to those who have already developed a mental illness more predisposed to engage in behaviour that the law regards as criminal. This article suggests that the Treaty principles such as partnership, active protection and participation place an onus upon the Crown to protect and provide for the health needs and cultural identity of Maori. It is proposed that a Mental Health Court underpinned by therapeutic jurisprudence can provide a solution.

  1. Mentally disordered offenders and the European Court of Human Rights.

    PubMed

    Prior, Pauline M

    2007-01-01

    Mentally disordered offenders find themselves at the intersection of the healthcare system and the criminal justice system in most European countries. Decisions on their care often involve lengthy discussions in relation to care versus control in society. In this article, the focus is on one aspect of this debate - that of human rights. An analysis of cases, taken to the European Court of Human Rights by mentally disordered offenders, demonstrates the difficulties inherent in ensuring appropriate care to individuals and safeguards to the public at the same time. The issues raised include the problems raised by indeterminate sentences, the use of detention for preventive purposes, and debates about treatment. The countries represented in this selection of cases are Belgium, Norway, Poland, the Netherlands, Russia and the United Kingdom.

  2. Student Rights and the Courts.

    ERIC Educational Resources Information Center

    ERIC Clearinghouse on Educational Management, Eugene, OR.

    This chapter of "The Best of the Best of ERIC" contains 17 annotations of documents and journal articles on student rights and the courts, all of which are indexed in the ERIC system. Materials on sex discrimination, suspension and expulsion, due process, mainstreaming, school publications, and other topics are annotated. (DS)

  3. The Camera Comes to Court.

    ERIC Educational Resources Information Center

    Floren, Leola

    After the Lindbergh kidnapping trial in 1935, the American Bar Association sought to eliminate electronic equipment from courtroom proceedings. Eventually, all but two states adopted regulations applying that ban to some extent, and a 1965 Supreme Court decision encouraged the banning of television cameras at trials as well. Currently, some states…

  4. In the Courts: Academic Freedom.

    ERIC Educational Resources Information Center

    Crockenberg, Vincent

    1989-01-01

    This article analyzes a 1989 decision by the California Court of Appeal, "McCarthy v. Fletcher." The case concerns a suit brought by a teacher against the local school district because the district removed two books from a booklist adopted by the teacher's English department. (IAH)

  5. Creationism, Evolution and the Courts.

    ERIC Educational Resources Information Center

    O'Connor, Karen; Ivers, Gregg

    1988-01-01

    Discusses the continuing controversy over evolution and creationism and the role that the courts have played. Examines the effects that result from this controversy, such as the overly cautious selection of textbooks by adoption committees and publishers' reluctance to include "questionable" materials in new books. (GEA)

  6. Gender Bias in the Courts.

    ERIC Educational Resources Information Center

    Gill, Wanda E.

    The term gender bias was coined by the National Judicial Education Program to Promote Equality for Women and Men in the Courts and is defined as the predisposition or tendency to think about and behave toward people primarily on the basis of their sex rather than their status, professional accomplishments, or aspirations. An effective method for…

  7. Juvenile Courts- Terms To Know.

    ERIC Educational Resources Information Center

    Update on Law-Related Education, 2000

    2000-01-01

    Offers a crossword puzzle that focuses on terms learned in this edition of "Update on Law-Related Education." Explains that the letters in the boxes spell the answer to this question: what do juvenile courts try to offer juveniles? Provides the clues and answers to the puzzle. (CMK)

  8. Even Lesbian Youths or Those Presumed to Be Lesbians Are Protected by the Constitution of Uganda--But to a Limited Extent: Rules the High Court

    ERIC Educational Resources Information Center

    Mujuzi, Jamil Ddamulira

    2009-01-01

    The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

  9. Defendants' Rights in Criminal Trials.

    ERIC Educational Resources Information Center

    Martin, Ralph C., II; Keeley, Elizabeth

    1997-01-01

    Reviews the protections afforded by the Constitution for defendants in criminal trials. These include the right to a jury trial (in cases of possible incarceration), an impartial jury, and the requirement of a unanimous verdict. Defends the use of plea bargaining as essential to an efficient criminal justice system. (MJP)

  10. [Brazilian criminal law and genetics].

    PubMed

    de Souza, P V

    1999-01-01

    This article analyses the Brasilia criminal regulation on genetic. Act No. 8.974/95 is examined because it regulates some criminal typologies on genetic engineering and assisted reproduction. Moreover, it presents information about the Act Project No. 149/97, on genetic discrimination.

  11. An Assessment for Criminal Thinking

    ERIC Educational Resources Information Center

    Knight, Kevin; Garner, Bryan R.; Simpson, D. Dwayne; Morey, Janis T.; Flynn, Patrick M.

    2006-01-01

    Risk assessments generally rely on actuarial measures of criminal history. However, these static measures do not address changes in risk as a result of intervention. To this end, this study examines the basic psychometric properties of the TCU Criminal Thinking Scales (TCU CTS), a brief (self-rating) instrument developed to assess cognitive…

  12. The Many Voices of the Burger Court and School Desegregation.

    ERIC Educational Resources Information Center

    Hudgins, H. C., Jr.

    1978-01-01

    Unlike the Warren Court, the Burger Court has had a lack of unanimity on school desegregation cases and the court has been divided. As a result there is no clear direction evident in the court's decisions. (IRT)

  13. The Courts as Educational Policy Makers.

    ERIC Educational Resources Information Center

    Maready, William F.

    This report discusses the expanding role of Federal judges as educational policymakers. The report discusses court decisions related to interpretations by the Federal Courts of the U.S. Constitution. The report notes that court decisions have covered the following topics: dress codes, flying of the flag, freedom of speech, unwed mothers,…

  14. Youth Court: Advocating for All Children.

    ERIC Educational Resources Information Center

    Skaruppa, Cindy L.; LeBlanc, Patrice; Lacey, Candace H.

    This paper describes the evaluative research of the Palm Beach County, Florida School Districts Youth Court Trial Program. Youth or teen courts have been implemented as an alternative measure to juvenile courts for handling adolescents who committed delinquent acts, usually for the first time. The purpose of the applied research was to identify…

  15. Education and the Courts: Reflections on Reality.

    ERIC Educational Resources Information Center

    Leftwich, C. W.; Sochockyj, Mary

    The manner in which the United States courts have attempted to establish the validity of remedies and gain public acceptance of court orders in desegregation issues has encouraged public resistance to desegregation laws. In education related matters, the courts usually call on the expertise of lawyers and university professionals who have little…

  16. The Court in the Homeric Epos

    ERIC Educational Resources Information Center

    Loginov, Alexandr

    2016-01-01

    The research investigates the court system in Homeric Greece. This period was characterized by a declining culture and scarce works that described those times. Hence, the court procedures of those times remains understudied; therefore, the purpose of this research is to reconstruct theoretically the court procedure in Homeric Greece. Homer's and…

  17. The Burger Court and the Press.

    ERIC Educational Resources Information Center

    Higdon, Philip R.

    This report discusses recent cases involving freedom of the press that have been heard before the Burger court of the United States Supreme Court. The report discerns a trend toward treating the press like an ordinary citizen; this is a reversal of the view of the Warren court that the First Amendment creates special rights for the press so that…

  18. Neuroscientific and behavioral genetic information in criminal cases in the Netherlands.

    PubMed

    de Kogel, C H; Westgeest, E J M C

    2015-11-01

    In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a 'genetic vulnerability for impulsive aggression', the expectation was expressed that such 'genetic defenses' would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international 'neurolaw literature' the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines.

  19. Neuroscientific and behavioral genetic information in criminal cases in the Netherlands

    PubMed Central

    de Kogel, C.H.; Westgeest, E.J.M.C.

    2015-01-01

    In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a ‘genetic vulnerability for impulsive aggression’, the expectation was expressed that such ‘genetic defenses’ would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international ‘neurolaw literature’ the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines. PMID:27774213

  20. Rethinking Conceptual Definitions of the Criminal Career and Serial Criminality.

    PubMed

    Edelstein, Arnon

    2016-01-01

    Since Cesare Lombroso's days, criminology seeks to define, explain, and categorize the various types of criminals, their behaviors, and motives. This aim has theoretical as well as policy-related implications. One of the important areas in criminological thinking focuses chiefly on recidivist offenders who perform large numbers of crimes and/or commit the most dangerous crimes in society (rape, murder, arson, and armed robbery). These criminals have been defined as "habitual offenders," "professional criminals," "career criminals," and "serial offenders." The interest in these criminals is a rational one, given the perception that they present a severe threat to society. The main challenge in this area of research is a conceptual problem that has significant effects across the field. To this day, scholars have reused and misused titles to define and explain different concepts. The aim of this article is 3-fold. First, to review the concepts of criminal career, professional crime, habitual offenses, and seriality with a critical attitude on confusing terms. Second, to propose the redefinition of concepts mentioned previously, mainly on the criminal career. Third, to propose a theoretical model to enable a better understanding of, and serve as a basis for, further research in this important area of criminology.

  1. Unfitness to stand trial decision-making in the extraordinary Chambers in the Courts of Cambodia.

    PubMed

    Freckelton, Ian; Karagiannakis, Magda

    2014-06-01

    In the small number of trials for matters such as genocide and crimes against humanity that have taken place before the Extraordinary Chambers in the Courts of Cambodia, by 2014 three occasions had arisen in which the fitness of the accused persons to participate in their trials had become contentious. This is hardly surprising given that the key period of Khmer Rouge government occurred a very long while ago--between 1975 and 1979. The accused persons are all aged. In two instances, the Trial Chamber of the Courts of its own motion sought expert evaluations of the accused persons' fitness to stand trial and, promptly, upon receipt of such reports, determined them to be fit by reference to criteria utilised by the Appeal Chamber of the International Criminal Court for the Former Yugoslavia (the ICTY). In the other instance an accused person, leng Thirith, was found unfit to stand trial and a range of important issues was traversed as to the measures that can properly be taken to try to render a person fit for trial and how legitimate the imposition of detention for that purpose is, and then how legitimate encroachments on a person's civil liberties are to monitor them if there is only a remote possibility that their mental state might improve. It is likely that the balance adopted by the Supreme Court Chamber in the Courts of Cambodia in making significant efforts to render an accused person fit for trial and then in continuing to monitor their mental state when such efforts do not bear fruit, instead of simply releasing them back into the community, will stand as an important precedent for future occasions under international criminal law when issues of fitness to stand trial and how they should be handled arise.

  2. The use of neuroscientific evidence in Canadian criminal proceedings.

    PubMed

    Chandler, Jennifer A

    2015-11-01

    This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five-year period between 2008 and 2012 in which neuroscientific evidence related to the responsibility and recidivism risk of criminal offenders was considered. Canadian courts consider neuroscientific evidence of many types, particularly evidence of prenatal alcohol exposure, traumatic brain injury, and neuropsychological testing. The majority of the cases are sentencing decisions, which is useful given that it offers an opportunity to observe how judges wrestle with the tension that evidence of diminished capacity due to brain damage tends to reduce moral blameworthiness, while it also tends to increase perceptions of risk and dangerousness. This so-called double-edged sword of the biological explanation of criminal behavior was reflected in this study, and raises questions about whether and when the pursuit of such evidence is advisable from the defense perspective.

  3. The use of neuroscientific evidence in Canadian criminal proceedings

    PubMed Central

    Chandler, Jennifer A.

    2015-01-01

    This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five-year period between 2008 and 2012 in which neuroscientific evidence related to the responsibility and recidivism risk of criminal offenders was considered. Canadian courts consider neuroscientific evidence of many types, particularly evidence of prenatal alcohol exposure, traumatic brain injury, and neuropsychological testing. The majority of the cases are sentencing decisions, which is useful given that it offers an opportunity to observe how judges wrestle with the tension that evidence of diminished capacity due to brain damage tends to reduce moral blameworthiness, while it also tends to increase perceptions of risk and dangerousness. This so-called double-edged sword of the biological explanation of criminal behavior was reflected in this study, and raises questions about whether and when the pursuit of such evidence is advisable from the defense perspective. PMID:27774212

  4. Putting polluters in jail: the imposition of criminal sanctions on corporate defendants under environmental statutes

    SciTech Connect

    Not Available

    1985-01-01

    Congress included criminal sanctions in several current environmental statutes in an attempt to punish those who jeopardize the public's health and well being by polluting. After exploring how criminal sanctions are actually employed by the courts against corporate defendants, the author argues that these sanctions are ineffective deterrents. Special problems which exist for the prosecutor or judge who attempts to invoke criminal sanctions against a corporate defendant raise questions about the feasibility and propriety of punishing the corporate entities and difficulties associated with proceeding against a corporate official or responsible individual within the corporate organization. The only way to make the sanctions effective is to use them and to impose both fines and jail sentences on the guilty parties.

  5. Are stalkers disordered or criminal? Thoughts on the psychopathology of stalking.

    PubMed

    Dressing, Harald; Foerster, Klaus; Gass, Peter

    2011-01-01

    Although stalking is a widespread phenomenon that can be caused by different motives, consideration of the psychopathological underpinnings of stalking behaviour is scarce. In rare cases, stalking can be an expression of mental disorder. Psychotic stalking, for example, can occur as a symptom of schizophrenia or erotomania. Psychotic stalkers are criminally not responsible for their acts and have to be treated in a psychiatric hospital. The majority of stalkers, however, do not suffer from a disorder in need of treatment, and therefore their criminal responsibility is not diminished. Although legislative approaches to protecting victims of stalking differ widely in the European Union, mentally not severely disturbed stalkers can be prosecuted and punished according to criminal law in most countries. In some cases, the differentiation between mentally sane and mentally disturbed stalkers is difficult. This paper focuses on the psychopathology of such 'borderline cases', using the example of a court decision in Germany.

  6. Adaptive Interventions in Drug Court: A Pilot Experiment.

    PubMed

    Marlowe, Douglas B; Festinger, David S; Arabia, Patricia L; Dugosh, Karen L; Benasutti, Kathleen M; Croft, Jason R; McKay, James R

    2008-01-01

    This pilot study (N = 30) experimentally examined the effects of an adaptive intervention in an adult misdemeanor drug court. The adaptive algorithm adjusted the frequency of judicial status hearings and clinical case-management sessions according to pre-specified criteria in response to participants' ongoing performance in the program. Results revealed the adaptive algorithm was acceptable to both clients and staff, feasible to implement with greater than 85% fidelity, and showed promise for eliciting clinically meaningful improvements in drug abstinence and graduation rates. Estimated effect sizes ranged from 0.40 to 0.60 across various dependent measures. Compared to drug court as-usual, participants in the adaptive condition were more likely to receive responses from the drug court team for inadequate performance in the program and received those responses after a substantially shorter period of time. This suggests the adaptive algorithm may have more readily focused the drug court team's attention on poorly-performing individuals, thus allowing the team to "nip problems in the bud" before they developed too fully. These preliminary data justify additional research evaluating the effects of the adaptive algorithm in a fully powered experimental trial.

  7. Trajectories of desistance and continuity in antisocial behavior following court adjudication among serious adolescent offenders

    PubMed Central

    MULVEY, EDWARD P.; STEINBERG, LAURENCE; PIQUERO, ALEX R.; BESANA, MICHELLE; FAGAN, JEFFREY; SCHUBERT, CAROL; CAUFFMAN, ELIZABETH

    2010-01-01

    Because many serious adolescent offenders reduce their antisocial behavior after court involvement, understanding the patterns and mechanisms of the process of desistance from criminal activity is essential for developing effective interventions and legal policy. This study examined patterns of self-reported antisocial behavior over a 3-year period after court involvement in a sample of 1,119 serious male adolescent offenders. Using growth mixture models, and incorporating time at risk for offending in the community, we identified five trajectory groups, including a “persister” group (8.7% of the sample) and a “desister” group (14.6% of the sample). Case characteristics (age, ethnicity, antisocial history, deviant peers, a criminal father, substance use, psychosocial maturity) differentiated the five trajectory groups well, but did not effectively differentiate the persisting from desisting group. We show that even the most serious adolescent offenders report relatively low levels of antisocial activity after court involvement, but that distinguishing effectively between high-frequency offenders who desist and those who persist requires further consideration of potentially important dynamic factors related to this process. PMID:20423553

  8. 9 CFR 381.218 - Criminal offenses.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Criminal offenses. 381.218 Section 381... CERTIFICATION POULTRY PRODUCTS INSPECTION REGULATIONS Detention; Seizure and Condemnation; Criminal Offenses § 381.218 Criminal offenses. The Act contains criminal provisions with respect to numerous...

  9. 9 CFR 329.9 - Criminal offenses.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Criminal offenses. 329.9 Section 329.9... CERTIFICATION DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES § 329.9 Criminal offenses. The Act contains criminal provisions with respect to numerous offenses specified in the Act, including but not limited...

  10. Health care reform, behavioral health, and the criminal justice population.

    PubMed

    Cuellar, Alison Evans; Cheema, Jehanzeb

    2014-10-01

    The 2010 Patient Protection and Affordable Care Act (ACA) has a number of important features for individuals who are involved with the criminal justice system. Among the most important changes is the expansion of Medicaid to more adults. The current study estimates that 10% of the total Medicaid expansion could include individuals who have experienced recent incarceration. The ACA also emphasizes the importance of mental health and substance abuse benefits, potentially changing the landscape of behavioral health treatment providers willing to serve criminal justice populations. Finally, it seeks to promote coordinated care delivery. New care delivery and appropriate funding models are needed to address the behavioral health and other chronic conditions experienced by those in criminal justice and to coordinate care within the complex structure of the justice system itself.

  11. Mental illness and criminal violence.

    PubMed

    Tehrani, J A; Brennan, P A; Hodgins, S; Mednick, S A

    1998-12-01

    This article examines the relationship between criminal violence and mental illness. Our data suggest that mentally ill persons tend to have an increased risk for committing violent offenses, and that the violent offending by these individuals tends to be recidivistic. Our findings suggest that parents who have both committed violent offenses and experienced a psychiatric hospitalization increase the risk of violent offending among their offspring. We propose the hypothesis that mentally ill parents transmit a biological characteristic which may genetically predispose their child towards criminal violence. Prenatal disturbances during critical periods of fetal development may provide clues regarding the etiology of criminal violence.

  12. Forensic age diagnostics of living individuals in criminal proceedings.

    PubMed

    Schmeling, A; Olze, A; Reisinger, W; Rösing, F W; Geserick, G

    2003-01-01

    Age estimations of living individuals are increasingly important in criminal matters. If doubts arise regarding the age of a person suspected of a criminal offense, forensic age estimation is prompted by the need to ascertain whether the person concerned has reached the age of criminal responsibility and whether general criminal law in force for older juveniles or adults is to be applied. According to the recommendations of the Arbeitsgemeinschaft für Forensische Altersdiagnostik (study group for forensic age diagnostics), age estimates in criminal proceedings should be based on the general physical examination, the X-ray examination of the hand and the odontological examination by a dentist, including dental status and orthopantomogram. In order to improve diagnostic reliability, these methods should always be used in combination, ensuring that each part is performed by forensically trained and experienced experts of the relevant disciplines. In order to demonstrate that the proband has reached the age of 21, an additional X-ray examination or CT scan of the clavicles is recommended. Future research projects should assess the variation for a combination of the above methods, quantify the impact of socio-economic status and ethnicity on the examined development systems and review the suitability of non-ionizing imaging methods of age estimation.

  13. Criminal Acts Against Civil Aviation

    DTIC Science & Technology

    1991-01-01

    28 Soviet Union ...34 Feature Articles Civil Aviation in the Soviet Union ................................................................. 39 Attacks on Airline...relief transport aircraft or hijackings; none were related to the Gulf war. Likewise, in Asia, there were few criminal acts against civil aviation

  14. Adolescent Criminal Acts Committed and Substance Use with a Voluntary Sample Recruited from Post-Secondary Institutions

    ERIC Educational Resources Information Center

    Collette, Tessa; Pakzad, Sarah; Bergheul, Saïd

    2015-01-01

    The current study focuses on exploring the relationships between various patterns of criminal acts committed, drug use, alcohol consumption, and adult personality traits in a sample with a low probability of life course persistent criminal behaviors. A retrospective questionnaire and the NEO-FFI (Five Factor Inventory) were administered to a…

  15. 75 FR 13305 - Notice of Cancellation of the Environmental Impact Statement for the Criminal Alien Requirement 9

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-03-19

    ... Alien Requirement 9 AGENCY: U.S. Department of Justice, Federal Bureau of Prisons. ACTION: Notice of... Statement (EIS) for the Criminal Alien Requirement 9 project (CAR 9). This notice briefly describes the... contractor's to house up to 1,889 federal, low-security, adult male, non-U.S. citizen, criminal aliens...

  16. Criminal Charges in Corporate Scandals

    DTIC Science & Technology

    2007-11-02

    Criminal Charges in Corporate Scandals Summary Since the collapse of Enron Corp . in late 2001, there has been a series of scandals involving major U .S...to the series of corporate scandals that began with Enron by passing the Sarbanes-Oxley Act of 2002 . That law created a new oversight body for...List of Tables Table 1. List of Charges, Indictments, and Guilty Pleas in Corporate Scandals Since Enron 2 Criminal Charges in Corporate Scandals

  17. Attention, reward, and inhibition: symptomatic features of ADHD and issues for offenders in the criminal justice system.

    PubMed

    Berryessa, Colleen M

    2017-03-01

    Although the relationship between criminal activity and ADHD has been heavily studied, this paper reviews a largely neglected area of academic discourse: how symptoms of ADHD that often contribute to offending behavior may also potentially create further problems for offenders with ADHD after they come into contact with the criminal justice system and pilot their way through the legal process. The main symptoms of ADHD that are primarily connected to criminal offending are examined and contextualized with respect to diagnosed offenders' experiences with the justice system. Symptoms of ADHD, specifically reward deficiency, behavioral inhibition, and attention deficits, may affect whether individuals will be successful in their experiences in court, with probation, and during incarceration. This is especially true for individuals whose ADHD diagnoses are unknown to the criminal justice system or have never been formally diagnosed. Actors in the criminal justice need to be aware of the symptomatic features and behavioral patterns of offenders with ADHD in order to recognize and identify these offenders, and correspondingly, to refer them to mental health services. Recognizing that at least some of an offender's behavior may be related to symptoms of ADHD will help the criminal justice system better provide recommendations regarding sentencing, probation, and treatment provisions, as well as better ensure that offenders with ADHD have a more successful and just experience in their interactions with the criminal justice system.

  18. Use of vouchers to reinforce abstinence and positive behaviors among clients in a drug court treatment program.

    PubMed

    Prendergast, Michael L; Hall, Elizabeth A; Roll, John; Warda, Umme

    2008-09-01

    In response to the growing number of drug offenders cycling in and out of the criminal justice system without treatment for underlying drug problems, the judicial system has increasingly adopted drug courts as a strategy to divert these offenders from incarceration to supervised drug treatment. Our aim was to determine if drug court treatment effectiveness could be improved using contingency management, in the form of twice-weekly vouchers, to reinforce abstinence and positive behaviors for 163 clients over 26 weeks. We found no significant differences in outcomes among the study groups, although the Treatment Plan Group that received reinforcement for positive behaviors showed a trend toward poorer performance. We suspect that the influence of the judge within the courtroom had a stronger impact on drug court clients' attitudes, drug use behaviors, and other outcomes than the relatively low-value vouchers awarded as part of the treatment protocol.

  19. 'Insane criminals' and the 'criminally insane': criminal asylums in Norway, 1895-1940.

    PubMed

    Dahl, Hilde

    2017-02-01

    This article looks into the establishment and development of two criminal asylums in Norway. Influenced by international psychiatry and a European reorientation of penal law, the country chose to institutionalize insane criminals and criminally insane in separate asylums. Norway's first criminal asylum was opened in 1895, and a second in 1923, both in Trondheim. Both asylums quickly filled up with patients who often stayed for many years, and some for their entire lives. The official aim of these asylums was to confine and treat dangerous and disruptive lunatics. Goffman postulates that total institutions typically fall short of their official aims. This study examines records of the patients who were admitted to the two Trondheim asylums, in order to see if the official aims were achieved.

  20. Computer-Assisted Handwriting Analysis: Interaction with Legal Issues in U.S. Courts

    NASA Astrophysics Data System (ADS)

    Manning, Kenneth A.; Srihari, Sargur N.

    Advances in the development of computer-assisted handwriting analysis have led to the consideration of a computational system by courts in the United States. Computer-assisted handwriting analysis has been introduced in the context of Frye or Daubert hearings conducted to determine the admissibility of handwriting testimony by questioned document examiners, as expert witnesses, in civil and criminal proceedings. This paper provides a comparison of scientific and judicial methods, and examines concerns over reliability of handwriting analysis expressed in judicial decisions. Recently, the National Research Council assessed that “the scientific basis for handwriting comparisons needs to be strengthened”. Recent studies involving computer-assisted handwriting analysis are reviewed in light of the concerns expressed by the judiciary and National Research Council. A future potential role for computer-assisted handwriting analysis in the courts is identified.

  1. Sex offender registration and community notification challenges: the Supreme Court continues its trend.

    PubMed

    Scott, Charles L; Gerbasi, Joan B

    2003-01-01

    All states and the District of Columbia have passed sex offender registration and community notification laws. While the specific provisions of these statutes vary, all have public safety as a primary goal. The authors discuss two recent cases heard by the United States Supreme Court that challenged the constitutionality of Alaska's and Connecticut's statutes. The laws were challenged as violations of the United States Constitution's prohibition on ex post facto laws and its Fourteenth Amendment guarantee of procedural due process. In both cases, the statutes were upheld. As it has found in challenges to sexually violent predator statutes, the Court emphasized that the registration and community notification schemes are civil and not criminal in nature. The article concludes with a discussion of possible implications for clinicians involved in evaluating or treating sex offenders.

  2. An effectiveness trial of contingency management in a felony preadjudication drug court.

    PubMed

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Arabia, Patricia L; Kirby, Kimberly C

    2008-01-01

    This study evaluated a contingency management (CM) program in a drug court. Gift certificates for compliance were delivered at 4- to 6-week intervals (total value = $390.00). Participants in one condition earned gift certificates that escalated by $5.00 increments. Participants in a second condition began earning higher magnitude gift certificates, and the density of reinforcement was gradually decreased. No main effects of CM were detected, which appears to be attributable to a ceiling effect from the intensive contingencies already delivered in the drug court and the low density of reinforcement. Preplanned interaction analyses suggested that participants with more serious criminal backgrounds might have performed better in the CM conditions. This suggests that CM programs may be best suited for more incorrigible drug offenders.

  3. Speech Cases Turned Aside by High Court

    ERIC Educational Resources Information Center

    Walsh, Mark

    2012-01-01

    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…

  4. Military Justice: Courts-Martial, an Overview

    DTIC Science & Technology

    2013-08-12

    the military serving a sentence imposed by a court-martial; members of the National Oceanic and Atmospheric Administration and Public Health Service...suspend all or part of the sentence , disapprove a finding or conviction, or lower the sentence .66 The CA may not increase the sentence . Once the CA takes... sentenced to prison at a court-martial for the sexual assault of a civilian. The authority of the CA to modify the findings and sentence of the court

  5. Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

    PubMed

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis.

  6. The impact of judge-defendant communication on mental health court outcomes.

    PubMed

    Gottfried, Emily; Carbonell, Joyce; Miller, Lauren

    2014-01-01

    Previous research has shown that mental health courts have been successful in reducing the rates of recidivism among mentally ill offenders. However, none of these studies, to date, have examined exactly what aspects of the courts reduce these rates of recidivism and what makes them successful. The current study utilized a sample of 291 mentally ill criminal offenders participating in a mental health court to examine whether those participants who were addressed by and communicated with the judge had a reduction in recidivism rates and the severity of new charges in comparison to those who did not. The hypotheses regarding greater judge-defendant communication and recidivism were not supported. This suggests that communication in and of itself is not sufficient to reduce recidivism. Future research of a qualitative nature is essential to identify if the frequency, tone, and valence of the communication results in improved outcomes. In addition, these results may indicate a necessity for more stringent training and guidelines for the maintenance of Mental Health Courts. Results of the current study suggested differences between genders, such that females were spoken to by the judge more frequently than were men.

  7. An Exploration of Treatment and Supervision Intensity among Drug Court and Non-Drug Court Participants

    ERIC Educational Resources Information Center

    Lindquist, Christine H.; Krebs, Christopher P.; Warner, Tara D.; Lattimore, Pamela K.

    2009-01-01

    Evidence is accumulating that drug court programs appear effective in reducing the substance use and recidivism of drug-involved offenders. As there is no single drug court model, programs vary from site to site and the extent to which individual programs are fully implemented is not well documented. The extent to which drug court programs deliver…

  8. Racial Disparities in Early Criminal Justice Involvement

    PubMed Central

    Crutchfield, Robert D.; Skinner, Martie L.; Haggerty, Kevin P.; McGlynn, Anne; Catalano, Richard F.

    2010-01-01

    Criminologists have long reported the existence of racial disparity in the criminal justice system, but the important question is why. While some argue that observed differences are a consequence of more criminal behavior among minorities, the weight of the evidence indicates that this is but a partial explanation. In this paper we study data from a sample of juveniles to examine how racial differences in early police contact, and important social environments—family, school, and neighborhoods—affect later contact and arrests, controlling for self-reported delinquency. We find that early (in middle school) contact with police is an important predictor of later (high school) arrests. Also we found that, in addition to being male and living in a low-income family, children who have parents who have a history of arrest, who have experienced school disciplinary actions, who have delinquent peers, and who are in networks with deviant adults are more likely to have problems with law enforcement. These factors help to explain racial differences in police contacts and arrests. PMID:20190860

  9. [Selected problems in the forensic-psychiatric evaluation of persons posing a likelihood of repeating a criminal act].

    PubMed

    Florkowski, Antoni; Zboralski, Krzysztof; Nowacka, Agata; Strójwas, Krzysztof; Flinik-Jankowska, Magdalena; Konopa, Aleksandra; Łacisz, Joanna; Wierzbiński, Piotr

    2014-09-01

    In the current penal code, compared to previous regulations, there have been alterations concerning medical security measures. These amendments have been prompted by socio-politic circumstances in Poland as well as implementation of Mental Health Act. According to the current law the court, on the request of expert psychiatrists, can pronounce a sentence of obligatory stay in psychiatric institution for perpetrator of criminal act who has been deemed not sane due to 31 subsection 1 of penal code and who is predictably able of recidivism. In legal-medical practice those less experienced expert psychiatrists may encounter difficulties producing expertise for the court, especially evaluating probability of recurrence of committing a criminal act and resulting request for psychiatric detention. In order to make this issue more acquainted we present a review of literature concerning it.

  10. Acceptance of Domestic Cat Mitochondrial DNA in a Criminal Proceeding

    PubMed Central

    Lyons, Leslie A.; Grahn, Robert A.; Kun, Teri J.; Netzel, Linda R.; Wictum, Elizabeth E.; Halverson, Joy L.

    2014-01-01

    Shed hair from domestic animals readily adheres to clothing and other contact items, providing a source of transfer evidence for criminal investigations. Mitochondrial DNA is often the only option for DNA analysis of shed hair. Human mitochondrial DNA analysis has been accepted in the US court system since 1996. The murder trial of the State of Missouri versus Henry L. Polk, Jr. represents the first legal proceeding where cat mitochondrial DNA analysis was introduced into evidence. The mitochondrial DNA evidence was initially considered inadmissible due to concerns about the cat dataset and the scientific acceptance of the marker. Those concerns were subsequently addressed, and the evidence was deemed admissible. This report reviews the case in regards to the cat biological evidence and its ultimate admission as generally accepted and reliable. Expansion and saturation analysis of the cat mitochondrial DNA control region dataset supported the initial interpretation of the evidence. PMID:25086413

  11. The criminal responsibility of people with multiple personality disorder.

    PubMed

    Saks, E

    1995-01-01

    Because multiple personality disorder (MPD) is more frequently diagnosed today than in the past, it is likely that more multiples will plead insanity. The courts are in a state of disarray as to how best to respond to these pleas. This article considers multiples' responsibility on three interpretations of the status of their alters: that they are different people; that they are different personalities; or that they are parts of one complex, deeply divided personality. On all three theories multiples are nonresponsible. Nevertheless, three rare circumstances exist under which multiples should be found guilty. The article concludes by indicating the kinds of issues psychiatry might explore to further assist the law in its analysis of the criminal responsibility of multiples.

  12. Acceptance of domestic cat mitochondrial DNA in a criminal proceeding.

    PubMed

    Lyons, Leslie A; Grahn, Robert A; Kun, Teri J; Netzel, Linda R; Wictum, Elizabeth E; Halverson, Joy L

    2014-11-01

    Shed hair from domestic animals readily adheres to clothing and other contact items, providing a source of transfer evidence for criminal investigations. Mitochondrial DNA is often the only option for DNA analysis of shed hair. Human mitochondrial DNA analysis has been accepted in the US court system since 1996. The murder trial of the State of Missouri versus Henry L. Polk, Jr. represents the first legal proceeding where cat mitochondrial DNA analysis was introduced into evidence. The mitochondrial DNA evidence was initially considered inadmissible due to concerns about the cat dataset and the scientific acceptance of the marker. Those concerns were subsequently addressed, and the evidence was deemed admissible. This report reviews the case in regards to the cat biological evidence and its ultimate admission as generally accepted and reliable. Expansion and saturation analysis of the cat mitochondrial DNA control region dataset supported the initial interpretation of the evidence.

  13. Forensic mycology: the use of fungi in criminal investigations.

    PubMed

    Hawksworth, David L; Wiltshire, Patricia E J

    2011-03-20

    This is the first overview to be published of the whole field of forensic mycology. It is based on all available information located in the literature, together with 13 examples from recent casework. Background information on fungi is given, and this is followed by an outline of the value, and potentially wide application, of mycology in criminal investigation. Applications include roles in: providing trace evidence; estimating time since death (post-mortem interval); ascertaining time of deposition; investigating cause of death, hallucinations, or poisonings; locating buried corpses; and biological warfare. Previous work has been critically evaluated, with particular attention to its evidential value, and suitability for presentation in a court of law. The situations where mycology might assist an investigation are summarised, and issues relating to the further development of the subject are presented. A comprehensive bibliography with 120 citations is provided.

  14. Statutory Reform is Associated with Improved Court Practice: Results of a Tri-State Comparison

    PubMed Central

    Moye, Jennifer; Wood, Erica; Edelstein, Barry; Wood, Stacey; Bower, Emily H.; Harrison, Julie A.; Armesto, Jorge C.

    2016-01-01

    Purpose This study investigates the impact of statutory reform in adult guardianship on court practice. Methods Case files for 298 cases of adult guardianship were reviewed in three states with varying degrees of statutory reform: MA (no reform), PA (major amendments in 1992), and CO (full re-enactment of statute per UGPPA in 2000). Five court practices associated with progressive statutory reform were studied: (1) diversion to less restrictive alternatives; (2) minimal and appropriate use of emergency procedures; (3) presence of the alleged incapacitated person at the hearing; (4) use of functional evaluation; (5) use of limited orders. Results CO more frequently utilized all five practices, whereas PA used diversion to less restrictive alternatives and less frequent emergency procedures, but not other practices. MA files rarely showed evidence for use of any of these reforms. Implications Statutory reform may improve court practice. More study of the effects of reform on court practices, and the vulnerable adults served by these courts, is needed. PMID:17506075

  15. Indiana Court Strikes Down Mandatory Fees

    ERIC Educational Resources Information Center

    Greifner, Laura

    2006-01-01

    The Indiana Supreme Court has struck down a school district's $20 school activity fee as a violation of the state constitution because, the court said, it is equivalent to a tuition charge. The 22,100-student Evansville-Vanderburgh school district imposed the fee on all K-12 students in the 2002-03 school year. The money was used to pay for…

  16. Enhancing Residential Treatment for Drug Court Participants

    ERIC Educational Resources Information Center

    Koob, Jeff; Brocato, Jo; Kleinpeter, Christine

    2011-01-01

    In this study, the authors describe and evaluate the impact of increased access to residential treatment added to traditional drug court services in Orange County, California, with a goal of increasing program retention, successful completion, and graduation rates for a high-risk drug offender population participating in drug court between January…

  17. The Roberts Court and Academic Freedom

    ERIC Educational Resources Information Center

    Rahdert, Mark C.

    2007-01-01

    Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v.…

  18. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  19. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  20. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  1. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  2. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  3. Court Cases Involving Contracts for School Districts

    ERIC Educational Resources Information Center

    Allen, L. Hank

    2011-01-01

    The purpose of this research was to analyze trends in the United States regarding contract disputes that exist in school districts. Court cases were identified at the state and federal level to determine the outcomes and the fact patterns of contract disputes. To gain the knowledge of how courts handle cases of contractual breach, contracts…

  4. Kentucky's Unified Court of Justice. Teachers' Manual.

    ERIC Educational Resources Information Center

    Kentucky State Dept. of Education, Frankfort. Div. of Program Development.

    Resource materials and learning activities to help secondary students in Kentucky learn about their state's court system are provided. The guide begins by providing a history of the Kentucky Court of Justice. Discussed are the qualification of judges, the Retirement and Removal Commission, the Judicial Nominating Commission, and juries. Background…

  5. The Rehnquist Court and the Tenth Amendment.

    ERIC Educational Resources Information Center

    Chemerinsky, Erwin

    1995-01-01

    Examines several recent decisions of the more conservative and constructionist Rehnquist Supreme Court. Discusses those judgements that challenge the regulatory power of the federal government. In separate cases concerning mandatory retirement of state judges and regulating toxic waste clean-up, the high court ruled in favor of state control. (MJP)

  6. Supreme Court Biographies as a Classroom Resource

    ERIC Educational Resources Information Center

    Ryan, John Paul

    2009-01-01

    In this article, the author goes beyond Supreme Court decisions to investigate the upbringing and personalities of three Supreme Court justices who left their mark on history: Oliver Wendell Holmes, Jr., Thurgood Marshall, and Sandra Day O'Connor. His interviews with their biographers, G. Edward White for Oliver Wendell Holmes Jr., Juan Williams…

  7. The Supreme Court and the Suspect Class

    ERIC Educational Resources Information Center

    Casey, Patrick J.

    1973-01-01

    Focused on are factual and legal dissimilarities between the court case of San Antonio Independent School District versus Rodriguez (in which the Supreme Court ruled that education is not a fundamental right protected by the Constitution) and recent right to education for the handicapped cases. (DB)

  8. Desegregation Dead? Not in This Court Decision

    ERIC Educational Resources Information Center

    Sneed, Maree

    2007-01-01

    This article discusses the interpretations of the court's ruling in "Parents Involved in Community Schools v. Seattle School District 1." The decision handed down June 28, the last day of the Supreme Court's term, does not prohibit school districts from voluntarily integrating schools as long as the school district meets certain legal…

  9. The Supreme Court in the Culture Wars.

    ERIC Educational Resources Information Center

    Rabkin, Jeremy

    1996-01-01

    Argues that the U.S. Supreme Court has been an active and liberally biased participant in the U.S. culture war. Historical evidence is presented, including areas of tuition tax credit and segregated private schools, abortion and the Right-to-Life movement, and prayer in public schools. The author discusses how the Supreme Court has strengthened…

  10. Court Seen Balky on Religion Cases

    ERIC Educational Resources Information Center

    Walsh, Mark

    2010-01-01

    When Chief Justice John G. Roberts Jr. reached his fifth anniversary on the U.S. Supreme Court in late September, observers took note of the court's rightward shift during his tenure in a number of areas, including corporate spending on federal elections and the ways school districts may consider race in assigning students. But at least one…

  11. Congressional Authority Over the Federal Courts

    DTIC Science & Technology

    2005-05-16

    matters of “public rights,” mainly under federal statutes, in non-Article III tribunals. 109 See South Carolina v. Katzenbach , 383 U.S. 301, 331-32...Court as it had been misled by earlier decisions of the Court, especially Katzenbach v. Morgan, 384 U.S. 641 (1966), suggesting that when Congress acted

  12. 45 CFR 1604.7 - Court appointments.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... LAW § 1604.7 Court appointments. (a) A recipient's written policies may permit a full-time attorney to... compensation for the court appointment under the same terms and conditions as are applied generally to... received. (b) A recipient's written policies may permit a full-time attorney to use program resources...

  13. 45 CFR 1604.7 - Court appointments.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... LAW § 1604.7 Court appointments. (a) A recipient's written policies may permit a full-time attorney to... compensation for the court appointment under the same terms and conditions as are applied generally to... received. (b) A recipient's written policies may permit a full-time attorney to use program resources...

  14. Neurologic disorder and criminal responsibility.

    PubMed

    Yaffe, Gideon

    2013-01-01

    Sufferers from neurologic and psychiatric disorders are not uncommonly defendants in criminal trials. This chapter surveys a variety of different ways in which neurologic disorder bears on criminal responsibility. It discusses the way in which a neurologic disorder might bear on the questions of whether or not the defendant acted voluntarily; whether or not he or she was in the mental state that is required for guilt for the crime; and whether or not he or she is deserving of an insanity defense. The discussion demonstrates that a just determination of whether a sufferer from a neurologic disorder is diminished in his or her criminal responsibility for harmful conduct requires equal appreciation of the nature of the relevant disorder and its impact on behavior, on the one hand, and of the legal import of facts about the psychologic mechanisms through which behavior is generated, on the other.

  15. [Characteristics of murder and attempted murder in Cameroon. Study based on expert psychiatric court reports].

    PubMed

    Mbassa Menick, D

    2009-06-01

    The purpose of this study was to describe the sociodemographic, psychopathologic and criminological features associated with homicide based on review of expert psychiatric court reports describing murder and attempted murder perpetrators examined at Jamot Hospital in Yaoundé, Cameroon. The study cohort comprised reports describing 12 offenders who were examined at the request of ajudge or public prosecutor from March 1, 2002 to July 31, 2006. There were 8 men (66.7%) and 4 women (33.3%) with a mean age of 18.3 years (range, 17 to 43 years). In 8 cases the criminal act coincided with a difficult period in the offender's life. In the remaining 4 cases the act could not be linked to a specific life event. Assaults were carried out by strangulation, battery, or stabbing (knifes or machetes) in 87.5% of cases and occurred at the victim's home in 68.8% of cases. The main mental disorders diagnosed using the ICD-10 classification were schizophrenia in 41.7% of cases (n = 5), chronic delirium in 25.0% (n = 3), and personality disorder in 8.3 % (n = 1). Nine offenders (75.0%) had a history of mental disorder including 8 within at least six months preceding the assault. Four offenders had already received psychiatric treatment including 2 who required hospitalization following one or more episodes of psychotic decompensation. There were a total of 16 victims including 14 that died and 2 that were seriously wounded but survived thanks to prompt medical attention. The victims included 8 males and 8 females with 11 children (68.7%) and 5 adults (31.3%). In the child group 9 victims died (81.8%) and 2 survived (18.2%). Except one 17-year-old teenager, the 6 female and 3 male child victims were between the ages of 18 months and 8 years. The adult victims included 1 female and 4 males. The main findings of this study were the high incidence of mental disease, especially schizophrenics (66.7%), associated with homicide and the high number of child victims (62.5%). The first

  16. Is psychopathy elevated among criminal offenders who are under preventive detention pursuant to Section 66 of the German Penal Code?

    PubMed

    Habermeyer, Elmar; Passow, Daniel; Vohs, Knut

    2010-01-01

    In Germany, preventive detention can be imposed if a repeat offender shows a proclivity to commit further significant criminal acts. The courts require expert opinion to provide information about personality traits relevant for this disposition. However, currently, consensus about this topic is lacking. On the basis of a standardized examination, the relevance of Hare's concept of "psychopathy" for expert opinion is discussed in the context of preventive detention.

  17. The Courts, Public Health, and Legal Preparedness

    PubMed Central

    Stier, Daniel D.; Nicks, Diane; Cowan, Gregory J.

    2007-01-01

    The judicial branch’s key roles, as guardian of civil liberties and protector of the rule of law, can be acutely relevant during public health emergencies when courts may need to issue orders authorizing actions to protect public health or restraining public health actions that are determined to unduly interfere with civil rights. Legal preparedness for public health emergencies, therefore, necessitates an understanding of the court system and how courts are involved in public health issues. In this article we briefly describe the court system and then focus on what public health practitioners need to know about the judicial system in a public health emergency, including the courts’ roles and the consequent need to keep courts open during emergencies. PMID:17413084

  18. Love v. Superior Court (People)

    PubMed

    1990-12-28

    The petitioners, April Love and others, were convicted of soliciting acts of prostitution, and were ordered to undergo AIDS testing and counseling in compliance with the California Penal Code. Love challenged the mandatory testing as unconstitutional under the Fourth Amendment and the Fourteenth Amendment's due process and equal protection clauses. The First District Court of Appeal found that the testing complied with the "special needs" exception to the Fourth Amendment's prohibition of unreasonable searches, because the statute's testing and counseling provisions made prostitutes aware of the HIV risk to themselves and others. Further, because the Legislature could reasonably link AIDS transmission and prostitution, the statute comported with due process. Lastly, the statute was held to fulfill equal protection requirements, because use of the blood test's information was restricted equally among various offenders.

  19. 10 CFR 36.93 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 1 2011-01-01 2011-01-01 false Criminal penalties. 36.93 Section 36.93 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS Enforcement § 36.93 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  20. 10 CFR 36.93 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 36.93 Section 36.93 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS Enforcement § 36.93 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  1. 10 CFR 36.93 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 1 2012-01-01 2012-01-01 false Criminal penalties. 36.93 Section 36.93 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS Enforcement § 36.93 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  2. 10 CFR 36.93 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 1 2014-01-01 2014-01-01 false Criminal penalties. 36.93 Section 36.93 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS Enforcement § 36.93 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  3. 10 CFR 36.93 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 1 2013-01-01 2013-01-01 false Criminal penalties. 36.93 Section 36.93 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS Enforcement § 36.93 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  4. 49 CFR 228.23 - Criminal penalty.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Criminal penalty. 228.23 Section 228.23..., DEPARTMENT OF TRANSPORTATION HOURS OF SERVICE OF RAILROAD EMPLOYEES Records and Reporting § 228.23 Criminal... criminal penalties of a fine up to $5,000, imprisonment for up to two years, or both, in accordance with...

  5. 25 CFR 41.13 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal penalties. 41.13 Section 41.13 Indians BUREAU OF... NAVAJO COMMUNITY COLLEGE Tribally Controlled Community Colleges § 41.13 Criminal penalties. Persons... of Federal funds is based, may be subject to criminal prosecution under provisions such as...

  6. 10 CFR 11.32 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 11.32 Section 11.32 Energy NUCLEAR... SPECIAL NUCLEAR MATERIAL Violations § 11.32 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation...

  7. 10 CFR 55.73 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 55.73 Section 55.73 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) OPERATORS' LICENSES Enforcement § 55.73 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful...

  8. 10 CFR 26.825 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 26.825 Section 26.825 Energy NUCLEAR REGULATORY COMMISSION FITNESS FOR DUTY PROGRAMS Inspections, Violations, and Penalties 26.825 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  9. 25 CFR 41.28 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal penalties. 41.28 Section 41.28 Indians BUREAU OF... NAVAJO COMMUNITY COLLEGE Navajo Community College § 41.28 Criminal penalties. Persons submitting or... Federal funds, is based, may be subject to criminal prosecution under provisions such as sections 287,...

  10. 10 CFR 73.81 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 73.81 Section 73.81 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) PHYSICAL PROTECTION OF PLANTS AND MATERIALS Enforcement § 73.81 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  11. 14 CFR 1212.801 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Criminal penalties. 1212.801 Section 1212... Failure To Comply With Requirements of This Part § 1212.801 Criminal penalties. (a) A NASA officer or employee may be subject to criminal penalties under the provisions of 5 U.S.C. 552a(i) (1) and (2)....

  12. 14 CFR 13.23 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Criminal penalties. 13.23 Section 13.23... INVESTIGATIVE AND ENFORCEMENT PROCEDURES Legal Enforcement Actions § 13.23 Criminal penalties. (a) Sections 902 and 1203 of the Federal Aviation Act of 1958 (49 U.S.C. 1472 and 1523), provide criminal penalties...

  13. 30 CFR 847.11 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Criminal penalties. 847.11 Section 847.11... PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES ALTERNATIVE ENFORCEMENT § 847.11 Criminal penalties... to pursue criminal penalties against any person who— (a) Willfully and knowingly violates a...

  14. 10 CFR 25.39 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 25.39 Section 25.39 Energy NUCLEAR REGULATORY COMMISSION ACCESS AUTHORIZATION Violations § 25.39 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation...

  15. 32 CFR 310.48 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Criminal penalties. 310.48 Section 310.48... PROGRAM DOD PRIVACY PROGRAM Privacy Act Violations § 310.48 Criminal penalties. (a) The Act also provides for criminal penalties. (See 5 U.S.C. 552a(i).) Any official or employee may be found guilty of...

  16. 10 CFR 30.64 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 30.64 Section 30.64 Energy NUCLEAR... § 30.64 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate,...

  17. 10 CFR 110.67 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 110.67 Section 110.67 Energy NUCLEAR... Enforcement § 110.67 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to...

  18. 10 CFR 1017.30 - Criminal penalty.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Criminal penalty. 1017.30 Section 1017.30 Energy... INFORMATION Violations § 1017.30 Criminal penalty. Any person who violates section 148 of the Atomic Energy..., including these regulations, may be subject to a criminal penalty under section 223 of the Atomic Energy...

  19. 20 CFR 422.108 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Criminal penalties. 422.108 Section 422.108 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ORGANIZATION AND PROCEDURES General Procedures § 422.108 Criminal penalties. A person may be subject to criminal penalties for furnishing false information...

  20. 31 CFR 100.13 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Criminal penalties. 100.13 Section 100.13 Money and Finance: Treasury Regulations Relating to Money and Finance EXCHANGE OF PAPER CURRENCY AND COIN Exchange of Coin § 100.13 Criminal penalties. Criminal penalties connected with...

  1. 10 CFR 40.82 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 40.82 Section 40.82 Energy NUCLEAR REGULATORY COMMISSION DOMESTIC LICENSING OF SOURCE MATERIAL Enforcement § 40.82 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for...

  2. 10 CFR 70.92 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 70.92 Section 70.92 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL Enforcement § 70.92 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  3. 10 CFR 71.100 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 71.100 Section 71.100 Energy NUCLEAR... Procedures § 71.100 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to...

  4. 10 CFR 34.123 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 34.123 Section 34.123 Energy NUCLEAR... RADIOGRAPHIC OPERATIONS Violations § 34.123 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1952, as amended, provides for criminal sanctions for willful violation of, attempted violation of,...

  5. 10 CFR 61.84 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 61.84 Section 61.84 Energy NUCLEAR..., Reports, Tests, and Inspections § 61.84 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of,...

  6. 12 CFR 1805.809 - Criminal provisions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Criminal provisions. 1805.809 Section 1805.809... COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS PROGRAM Terms and Conditions of Assistance § 1805.809 Criminal provisions. The criminal provisions of 18 U.S.C. 657 regarding embezzlement or misappropriation of funds...

  7. 50 CFR 12.21 - Criminal prosecutions.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 50 Wildlife and Fisheries 1 2010-10-01 2010-10-01 false Criminal prosecutions. 12.21 Section 12.21... SEIZURE AND FORFEITURE PROCEDURES Forfeiture Proceedings § 12.21 Criminal prosecutions. If property is subject to criminal forfeiture, such forfeiture will be obtained in accordance with the Federal Rules...

  8. 10 CFR 54.43 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 54.43 Section 54.43 Energy NUCLEAR... General Provisions § 54.43 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violations of, attempted violation of, or...

  9. 10 CFR 35.4002 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 35.4002 Section 35.4002 Energy NUCLEAR REGULATORY COMMISSION MEDICAL USE OF BYPRODUCT MATERIAL Enforcement § 35.4002 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for...

  10. 10 CFR 150.33 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 150.33 Section 150.33 Energy NUCLEAR... OFFSHORE WATERS UNDER SECTION 274 Enforcement § 150.33 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of,...

  11. 10 CFR 95.63 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 95.63 Section 95.63 Energy NUCLEAR... INFORMATION AND RESTRICTED DATA Violations § 95.63 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted...

  12. 10 CFR 21.62 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 21.62 Section 21.62 Energy NUCLEAR REGULATORY COMMISSION REPORTING OF DEFECTS AND NONCOMPLIANCE Enforcement § 21.62 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for...

  13. 10 CFR 74.84 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 74.84 Section 74.84 Energy NUCLEAR... § 74.84 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate,...

  14. 10 CFR 31.23 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 31.23 Section 31.23 Energy NUCLEAR REGULATORY COMMISSION GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL § 31.23 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for...

  15. 12 CFR 266.5 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Criminal penalties. 266.5 Section 266.5 Banks... LIMITATIONS ON ACTIVITIES OF FORMER MEMBERS AND EMPLOYEES OF THE BOARD § 266.5 Criminal penalties. Any former....3 may be subject to criminal penalties for violation of section 207 of the United States...

  16. 10 CFR 20.2402 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 20.2402 Section 20.2402 Energy NUCLEAR REGULATORY COMMISSION STANDARDS FOR PROTECTION AGAINST RADIATION Enforcement § 20.2402 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for...

  17. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 2 2013-01-01 2013-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  18. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  19. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  20. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  1. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 2 2012-01-01 2012-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  2. 10 CFR 55.73 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 55.73 Section 55.73 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) OPERATORS' LICENSES Enforcement § 55.73 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful...

  3. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 12 Banks and Banking 9 2012-01-01 2012-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  4. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 10 2014-01-01 2014-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  5. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 12 Banks and Banking 9 2013-01-01 2013-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  6. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 7 2011-01-01 2011-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  7. [Law courts and clinical documentation].

    PubMed

    Jiménez Carnicero, M P; Magallón, A I; Gordillo, A

    2006-01-01

    Background. Until 2004, requests for clinical documentation proceeding from the Judicial Administration on Specialist Care of Pamplona were received in six different centres and were processed independently, with different procedures, and documents were even sent in duplicate, with the resulting work load. This article describes the procedure for processing requests for documentation proceeding from the Law Courts and analyses the requests received. Methods. A circuit was set up to channel the judicial requests that arrived at the Specialist Health Care Centres of Pamplona and at the Juridical Regime Service of the Health System of Navarra-Osasunbidea, and a Higher Technician in Health Documentation was contracted to centralise these requests. A proceedings protocol was established to unify criteria and speed up the process, and a database was designed to register the proceedings. Results. In the course of 2004, 210 requests for documentation by legal requirement were received. Of these, 24 were claims of patrimonial responsibility and 13 were requested by lawyers with the patient's authorisation. The most frequent jurisdictional order was penal (43.33%). Ninety-three point one five percent (93.15%) of the requests proceeded from law courts in the autonomous community of Navarra. The centre that received the greatest number of requests was the "Príncipe de Viana" Consultation Centre (33.73%).The most frequently requested documentation was a copy of reports (109) and a copy of the complete clinical record (39). On two occasions the original clinical record was required. The average time of response was 6.6 days. Conclusions. The centralisation of administration has brought greater agility to the process and homogeneity in the criteria of processing. Less time is involved in preparing and dispatching the documentation, the dispatch of duplicate documents is avoided, the work load has been reduced and the dispersal of documentation is avoided, a situation that

  8. The use of neuroscientific evidence in the courtroom by those accused of criminal offenses in England and Wales

    PubMed Central

    Catley, Paul; Claydon, Lisa

    2015-01-01

    This examination of the extent of the use of neuroscientific evidence in England and Wales identifies 204 reported cases in which such evidence has been used by those accused of criminal offenses during the eight-year period from 2005–12. Based on the number of reported cases found, the use of such evidence appears well established with those accused of criminal offenses utilizing such evidence in approximately 1 per cent of cases in the Court of Appeal (Criminal Division). Neuroscientific evidence is used to quash convictions, to lead to convictions for lesser offenses and to lead to reduced sentences. In addition, cases are identified where neuroscientific evidence is used to avoid extradition, to challenge bail conditions and to resist prosecution appeals against unduly lenient sentences. The range of uses identified is wide: including challenging prosecution evidence as to the cause of death or injury, challenging the credibility of witnesses and arguing that those convicted were unfit to plead, lacked mens rea or were entitled to mental condition defenses. The acceptance of such evidence reflects the willingness of the courts in England and Wales to hear novel scientific argument, where it is valid and directly relevant to the issue(s) to be decided. Indeed, in some of the cases the courts expressed an expectation that structural brain scan evidence should have been presented to support the argument being made. PMID:27774211

  9. [The Leipzig Magistrates Court's death sentences in the Woyzeck case].

    PubMed

    Steinberg, H; Schmideler, S

    2006-10-01

    The trial of Johann Christian Woyzeck for murder is among the most significant for forensic psychiatry in the 19 (th) century. The case gained worldwide fame, not only because of Georg Büchner's eponymous drama. A thorough analysis and reconstruction of the proceedings would allow more light to be shed on one of the major events in the evolution of modern psychiatric positions regarding criminal responsibility. To support this effort, this paper presents two original sources that have just been rediscovered in the archives, and which are of major importance in respect of both the Woyzeck case and the history of forensic psychiatry. Until now only transcripts had been available. The two documents in question relate to the death sentences issued by the Leipzig magistrates court (Schöppenstuhl). They clearly show the ruling feudal and municipal authorities' efforts to exploit both the general rules of procedure as well as the forensic testimony given by Leipzig's medical officer and professor, Johann Christian August Clarus, for their own restorative political interests. This is revealed by the fact, among others, that the legal procedures are interpreted in the narrowest possible way and the crux of the problem, namely the culprit's criminal responsibility, is not really the focus of attention. The defence does not really have a chance, the more so since it makes pleas that are both contradictory and amateurist from a psychiatric point of view. Moreover, its efforts to garner support from reformist forces, above all among scholars, are undermined by the defence team's manipulation of the facts.

  10. Assisted reproductive technologies in Portuguese law--commentary to the Judgment no. 101/2009, of March the 3rd of the Portuguese Constitutional Court.

    PubMed

    Raposo, Vera Lúcia; Vale e Reis, Rafael

    2009-01-01

    Recently the Portuguese Constitutional Court was asked to analyze the constitutionality of the law on assisted reproduction, Law nr 32/2006. The request was presented by a conservative group, arguing, basically, that the law disregarded the juridical protection due to the embryo and to the participants in reproductive techniques. The main critics pointed out were related with the legitimacy of using reproductive techniques, the absence of a maximum age for beneficiaries, the authorization of embryo experimentation, the decision of not criminalizing every contract of surrogate motherhood, among some other critics. However, the Court concluded that none of the pointed norms went against Constitutional rules and principles.

  11. The civil liability for damages of the criminally insane.

    PubMed

    Melamed, Yuval; Ganot, Nitza; Mester, Roberto; Bleich, Avi

    2008-01-01

    As a rule, mentally ill patients are held to be responsible for their acts just like everyone else. Notwithstanding, the law in Israel contains special rules which distinguish individuals with mental illness from other people. The instructions laid out in article 34h of the Israeli Penal Law empower the court to release a defendant from criminal responsibility. To do this the following criteria must be met: (a) the defendant was mentally ill, (b) he/she was in a psychotic state at the time he/she performed the felony, (c) his/her mental illness deprived him/her of his/her abilities in at least one of the two following areas: 1] he/she could not understand what he/she was doing, or the forbidden nature of the act; 2] he/she was incapable of preventing him/herself from carrying it out. In the case presented, a mentally ill individual was charged with the murder of his child and with an attempt to murder another child. The court ruled him to be legally insane and therefore non-punishable. He was later sued by the other child's parents for damages on the grounds of the assault tort. The issue in question was how does the fact that the defendant was ruled legally insane while committing the wrong doing affect the legal ruling of the defendant's liability especially regarding the tort of assault? The Magistrate's Court ruled that the Israeli Tort Law did not determine exemption from responsibility for the mentally ill. Liability for damages will be imposed upon an individual whenever the prerequisites to define a tort are met, even if the mental requisite is an outcome of one's mentally ill state. The District Court determined that an individual who intended to inflict harm is guilty of assault, even though the intent was an outcome of his mental state. Lack of volition due to one's inability to refrain from action does not constitute a defense for assault. In this case liability for damages was imposed on the defendant. The Court related to the issue of justice

  12. Why can Taiwan utilize criminal law to discipline physicians?

    PubMed

    Ger, Jiin

    2009-04-01

    Modern medicine was first introduced into Taiwan by missionary hospitals in 1865. However, Japanese governors following Japan's medical reform applied modern medicine as the standard of practice in the year 1896. They also imported 150 doctors from Japan to promote public hygiene and control infectious diseases, such as malaria, plague, cholera, dysentery, etc. The reasons that the Courts started to use criminal law to deal with medical malpractice during 1950-1960s may be attributed to the following: costly and ineffective civil actions, chaotic medical licensing, a period of upheaval during the 1947 massacre (228 incident), Chinese Civil War (1947-1949), political unrest, "White Terror" and "Espionage Act" during the period of martial law (1949-1987), social injustice and economic depression. The general environment for medical practice in Taiwan has changed greatly in the past 60years. It is time for us to look around the world to set up standards of negligence for both clinical and criminal cases as soon as possible. In the mean time, the Department of Health should consider adopting the Good Medical Practice guidelines from the United Kingdom to strengthen the administrative power to regulate physicians' behaviors.

  13. Developmental Epidemiological Courses Leading to Antisocial Personality Disorder and Violent and Criminal Behavior: Effects by Young Adulthood of a Universal Preventive Intervention in First- and Second-Grade Classrooms

    PubMed Central

    Kellam, Sheppard G.; Brown, C. Hendricks; Muthén, Bengt O.; Ialongo, Nicholas S.; Poduska, Jeanne M.

    2009-01-01

    Background Antisocial personality disorder (ASPD), violent and criminal behavior, and drug abuse disorders share the common antecedent of early aggressive, disruptive behavior. In the 1985–1986 school year teachers implemented the Good Behavior Game (GBG), a classroom behavior management strategy targeting aggressive, disruptive behavior and socializing children to the student role. From first grade through middle school the developmental trajectories of 2,311 students from 19 Baltimore City Public Schools were examined. This article reports the GBG impact on these trajectories and ASPD and violent and criminal behavior by age 19–21 among the selected 768 students. Methods In five urban poor to lower-middle class predominately African American areas, three to four schools were matched and within each set randomly assigned to one of three conditions: 1) the GBG, 2) a program directed at reading achievement, or 3) the standard program. Classrooms and teachers were randomly assigned to intervention or control. Measures at 19–21 included self reports and juvenile court and adult incarceration records. Intervention impact was assessed via General Growth Mixture Modeling based on repeated measures of aggressive, disruptive behavior. Results Three trajectories of aggressive, disruptive behavior were identified. By young adulthood, there was significant reduction in rates of ASPD and violent and criminal behavior among GBG males in the high aggressive, disruptive trajectory. Replication A replication was implemented with the next cohort of first-grade children using the same teachers during the following school year, but with diminished mentoring and monitoring of teachers. The results showed generally non-significant effects in the same direction. PMID:18243581

  14. Professionalism Among Criminal Justice Educators.

    ERIC Educational Resources Information Center

    Regoli, Robert M.; Miracle, Andrew W., Jr.

    Professionalism and its relationship to scholarly productivity was studied. Specific areas of analysis were the degree of professionalism of criminal justice educators, rankings of a series of selected publications, and the relationship between professionalism level and journal productivity. Data were derived from responses by 1,028 of 1,274…

  15. Social Change and Criminal Law

    ERIC Educational Resources Information Center

    Jeffery, C. Ray

    1970-01-01

    The impact of urbanization on criminal law and the extension of law into the area of morality (value systems) are discussed in terms of social control via punishment and deterrence. The impact of the social sciences (psychotherapy, sociology, behavioral science) is covered in terms of social control via rehabilitation and environmental…

  16. Juvenile Criminals: Who Are They?

    ERIC Educational Resources Information Center

    Antonov, A. I.; Lebed, O. L.

    2005-01-01

    Many adolescents who were born in the late 1970s and 1980s in Russia became juvenile criminals due to the change in the social structure, the proclamation of the values of the comfortable way of life, the institution of property ownership and so forth. Many young people have to help relatives who are in need, and this as well often causes them to…

  17. The influence of anogenital injury on women's willingness to engage with the criminal justice process after rape.

    PubMed

    Fisher, Bonnie Sue; Kaplan, Alyssa; Budescu, Mia; Fargo, Jamison; Tiller, Deborah; Everett, Janine; Sommers, Marilyn

    2013-01-01

    Medical-legal-social science research has documented that nongenital and/or anogenital injuries play a significant role throughout the criminal justice system from victims reporting to judges determining the length of a sentence. What remains an open question is whether the documentation of anogenital injury influences women's willingness to engage in the criminal justice system. A sample of women age 21 years and older residing in an urban area were asked about willingness to report to police, file charges, and work with the courts to prosecute after rape. Questions were framed with a qualifying statement about the forensic examination being able to detect injury related to forced sexual intercourse. Results show that women had a high willingness to act if the examination could detect anogenital injury and women with and without a history of forced sexual intercourse had significant differences in their responses to these questions. Implications for health care, criminal justice system, and future research are discussed.

  18. A Randomized Clinical Trial of Family Therapy in Juvenile Drug Court

    PubMed Central

    Dakof, Gayle A.; Henderson, Craig E.; Rowe, Cynthia L.; Boustani, Maya; Greenbaum, Paul E.; Wang, Wei; Hawes, Samuel; Linares, Clarisa; Liddle, Howard A.

    2016-01-01

    The objective of this article is to examine the effectiveness of 2 theoretically different treatments delivered in juvenile drug court—family therapy represented by multidimensional family therapy (MDFT) and group-based treatment represented by adolescent group therapy (AGT)—on offending and substance use. Intent-to-treat sample included 112 youth enrolled in juvenile drug court (primarily male [88%], and Hispanic [59%] or African American [35%]), average age 16.1 years, randomly assigned to either family therapy (n = 55) or group therapy (n = 57). Participants were assessed at baseline and 6, 12, 18 and 24 months following baseline. During the drug court phase, youth in both treatments showed significant reduction in delinquency (average d = .51), externalizing symptoms (average d = 2.32), rearrests (average d = 1.22), and substance use (average d = 4.42). During the 24-month follow-up, family therapy evidenced greater maintenance of treatment gains than group-based treatment for externalizing symptoms (d = 0.39), commission of serious crimes (d = .38), and felony arrests (d = .96). There was no significant difference between the treatments with respect to substance use or misdemeanor arrests. The results suggest that family therapy enhances juvenile drug court outcomes beyond what can be achieved with a nonfamily based treatment, especially with respect to what is arguably the primary objective of juvenile drug courts: reducing criminal behavior and rearrests. More research is needed on the effectiveness of juvenile drug courts generally and on whether treatment type and family involvement influence outcomes. PMID:25621927

  19. Physiological, perceptual, and technical responses to on-court tennis training on hard and clay courts.

    PubMed

    Reid, Machar M; Duffield, Rob; Minett, Geoffrey M; Sibte, Narelle; Murphy, Alistair P; Baker, John

    2013-06-01

    The aim of this study was to investigate the effect of court surface (clay vs. hard court) on technical, physiological, and perceptual responses to on-court tennis training. Four high-performance junior male players performed 2 identical training sessions on hard and clay courts, respectively. Sessions included both physical conditioning and technical elements as led by the coach. Each session was filmed for later notational analysis of stroke count and error rates. Furthermore, players wore a global positioning satellite device to measure distance covered during each session, while heart rate, countermovement jump distance, and capillary blood measures of metabolites were measured before, during, and after each session. Additionally, a respective coach and athlete rating of perceived exertion (RPE) were measured after each session. Total duration and distance covered during each session were comparable (p > 0.05; d < 0.20). Although forehand and backhands stroke volume did not differ between sessions (p > 0.05; d < 0.30), large effects for increased unforced and forced errors were present on the hard court (p > 0.05; d > 0.90). Furthermore, large effects for increased heart rate, blood lactate, and RPE values were evident on clay compared with hard courts (p > 0.05; d > 0.90). Additionally, although player and coach RPE on hard courts were similar, there were large effects for coaches to underrate the RPE of players on clay courts (p > 0.05; d > 0.90). In conclusion, training on clay courts results in trends for increased heart rate, lactate, and RPE values, suggesting that sessions on clay courts tend towards higher physiological and perceptual loads than hard courts. Furthermore, coaches seem effective at rating player RPE on hard courts but may underrate the perceived exertion of sessions on clay courts.

  20. Legal and Psychological Perspectives on Children's Competence to Testify in Court

    ERIC Educational Resources Information Center

    Klemfuss, J. Zoe; Ceci, Stephen J.

    2012-01-01

    Young children are often called as witnesses to crimes they were victims of or observed. Because of their immaturity, child witnesses are sometimes more heavily scrutinized than adult witnesses before being allowed to testify in court, for example, through competency screening. This review discusses the psychology and US law relevant to decisions…

  1. Supreme Court Backs Official Who Censored School Newspaper, Skirts Issue at Colleges.

    ERIC Educational Resources Information Center

    Fields, Cheryl M.

    1988-01-01

    High school journalists do not have the same broad First Amendment protection of free speech that adults do, the Supreme Court said in upholding a Missouri high school principal's right to delete articles on divorce and teenage pregnancy from a school-sponsored newspaper. (MLW)

  2. The Effect of Urban Neighborhood Disorder on Evaluations of the Police and Courts

    ERIC Educational Resources Information Center

    Sprott, Jane B.; Doob, Anthony N.

    2009-01-01

    Are people dissatisfied with the courts as well as the police when they perceive high levels of disorder in their neighborhoods? Consistent with previous research, this study, using a representative sample of Canadian adults, demonstrates that people are significantly more negative about the police when they perceive high levels of disorder. They…

  3. The challenge of fetal alcohol syndrome in the criminal legal system.

    PubMed

    Fast, Diane K; Conry, Julianne

    2004-06-01

    People with fetal alcohol spectrum disorder (FASD) present challenges to those who work in the criminal legal system. Prenatal exposure to alcohol can cause physical, neurological, and psychological impairments. It is vital to understand the individual offender in order to address the underlying reasons for criminal behavior. Individuals with FASD often come from dysfunctional backgrounds, and may have mental illnesses and substance use disorders. A comprehensive medical-legal report, prepared by a professional experienced with FASD, can help judges and lawyers understand how complex the interactions are among brain damage, genetics, and the environment. The person with FASD can be misunderstood in court, victimized in jails, and mismanaged in the transition back to the community, unless those working with the individual are aware of FASD and its implications.

  4. Forensic psychiatric expert witnessing within the criminal justice system in Germany.

    PubMed

    Konrad, Norbert; Völlm, Birgit

    2014-01-01

    In recent years, the number of occupied beds in German forensic-psychiatric hospitals has continued to rise. Diversion refers to the removal of offenders from the criminal justice system at any stage of the procedure and court proceedings. There are no specific diversion programs in Germany but diversion does in fact happen via legal regulations that are based on the construct of legal responsibility. The assessments of responsibility as well as risk are the core tasks of forensic-psychiatric expert witnessing in Germany. Recommendations of an interdisciplinary working group serve as a guide to operationalize this forensic-psychiatric task. These recommendations list formal minimum requirements for expert reports on the question of criminal responsibility and risk assessment as well as minimum standards regarding content and in writing the report.

  5. Termination of a minor's pregnancy: critical issues for consent and the criminal law.

    PubMed

    White, Ben; Willmott, Lindy

    2009-10-01

    The recent Supreme Court decision of Queensland v B [2008] 2 Qd R 562 has significant implications for the law that governs consent and abortions. The judgment purports to extend the ratio of Secretary, Department of Health and Community Services (NT) v JWB and SMB (1992) 175 CLR 218 (Marion's Case) and impose a requirement of court approval for terminations of pregnancy for minors who are not Gillick-competent. This article argues against the imposition of this requirement on the ground that such an approach is an unjustifiable extension of the reasoning in Marion's Case. The decision, which is the first judicial consideration in Queensland of the position of medical terminations, also reveals systemic problems with the criminal law in that State. In concluding that the traditional legal excuse for abortions will not apply to those which are performed medically, Queensland v B provides further support for calls to reform this area of law.

  6. Rethinking the U.S. Policy on the International Criminal Court

    DTIC Science & Technology

    2008-01-01

    Goering at Nuremberg War Crimes trials Report Documentation Page Form ApprovedOMB No. 0704-0188 Public reporting burden for the collection of...members of the Assembly of States Parties who have agreed to participate in the ICC; the bench at the Nuremberg War Crimes trials, 1945–1946; Hermann

  7. The International Criminal Court’s First Years: Stumbling Toward Justice

    DTIC Science & Technology

    2012-03-20

    Sexual Violence in Conflict, who described eastern DRC as the ‘rape capital of the world.’ WIGJ then went on to state: It was therefore shocking to...Coalition’s Steering Committee.54 WIGJ pointed out that the DRC, including the area controlled by the UPC/FLPC, had one of the highest rates of sexual ... violence against women in Africa and the world. WIGJ quoted Margot Ahlstrom, the United Nations Secretary General’s Special Representative on

  8. Hostile Outsider or Influential Insider? The United States and the International Criminal Court

    DTIC Science & Technology

    2007-03-28

    women and babies and priests and American prisoners of war.” Robert Barr Smith, “Japanese War Crimes Trials,” in World War II (September 1996), 1...class enemies,” and 20 extinguishing any ties to capitalism, Western culture, city life, and foreigners. He banned education, health care , and...Atrocities,” Washington Post , 28 January 2005, A23, available from http://www/washingtonpost.com/ac2/wp-dyn/A43162-2005Jan27.htm; Internet; accessed

  9. The International Criminal Court: Why We Need It, How We Got It, Our Concern About It

    DTIC Science & Technology

    2005-07-01

    Ferguson , “The Last Battle of the Civil War,” The Weekly Standard 8, no. 16 (30 December 2002). 13. Bradley F. Smith, The Road to Nuremberg: How the Allies...United States cannot have it both ways. The United States either plays by the rules, or it doesn’t play. With regard to the ICC, the United States has...the Committee on Foreign Relations, 106th Cong., 2d sess., 14 June 2000, 15 (response by Dr. Je - remy Rabkin). 125. US Senate, supra note 1, 24-25

  10. 78 FR 27341 - Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal Courts

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-05-10

    ... 2010, Public Law 111-211, tit. II, 124 Stat. 2261 (the TLOA), includes new authorizations related to.... Public Law 111-211, tit. II, 124 Stat. at 2280. In addition to the IACAA and TLOA, the Violence...

  11. Impact of information about sentencing decisions on public attitudes toward the criminal justice system.

    PubMed

    St Amand, M D; Zamble, E

    2001-10-01

    Research reveals public dissatisfaction with perceived leniency of the criminal justice system. However, when asked to sentence hypothetical offenders, members of the public tend to choose dispositions similar to what current court practices prescribe. In two studies reported here, subjects completed a mock sentencing exercise and a general attitude survey. In an initial pilot study, they expressed general dissatisfaction with the criminal justice system but the relative punitiveness of their sentences (in terms of their perceptions of how severe various sentencing options are) was only slightly elevated above a set of reference sentences. Providing a typical judge's sentencing decisions did not decrease dissatisfaction but was associated with an anchoring effect. This effect was explored in the main study by manipulating the provided reference sentences to be either lenient, moderate, or punitive. Again, participants expressed general dissatisfaction with the criminal justice system but prescribed generally moderate sentences, anchoring their sentences to the information provided. However, only those exposed to moderate "typical" sentences subsequently reported reduced dissatisfaction with the criminal justice system.

  12. Assessing the criminal capacity of children: a challenge to the capacity of mental health professionals.

    PubMed

    Pillay, Anthony L; Willows, Clive

    2015-01-01

    With increasing numbers of juveniles accused of serious crimes international concern is growing around the procedural consequences for affected individuals within the context of the law and criminal justice. Issues of culpability in children and adolescents are often raised, with much deliberation and insufficient agreement among legal and child development experts. Exactly when and to what extent juveniles can be held responsible for their action is a matter requiring careful consideration to avoid substantial erring in either direction. Although some international guiding standards and principles have been established, these are rather broad and unable to provide specific prescriptions. In addition, the assessment of criminal capacity in juveniles is a complex task, and one that is not wholly without reliability and validity problems. As in the case of South Africa and a few other countries, mental health specialists are often tasked with conducting developmental assessments to provide courts with expert evidence regarding criminal capacity. This paper examines the concept of criminal capacity in the context of the theory, controversies and challenges that affect this area of psychological focus.

  13. Privacy on thin ice? Considering the California Court of Appeal decision in Johnson v. Superior Court.

    PubMed

    Plosker, J A

    2001-01-01

    In Johnson v. Superior Court, the California Court of Appeal determined that a provision of a contract limiting the discovery of the identity of a sperm donor was against public policy and that the privacy interest did not protect against disclosure of this information. Although the court's analysis of the public policy exception to the enforcement of contracts was unnecessary, the opinion properly balances California's and petitioners' interests against an anonymous donor's privacy right.

  14. Offshore Oil: Supreme Court Ruling Intensified Debate

    ERIC Educational Resources Information Center

    Science, 1975

    1975-01-01

    Reports on a Supreme Court ruling giving the federal government jurisdiction over substantial areas of the outer continental shelf (OCS) which opens the door for a federal program of OCS leasing. (GS)

  15. Understanding criminal behavior: Empathic impairment in criminal offenders.

    PubMed

    Mariano, Melania; Pino, Maria Chiara; Peretti, Sara; Valenti, Marco; Mazza, Monica

    2016-05-09

    Criminal offenders (CO) are characterized by antisocial and impulsive lifestyles and reduced empathy competence. According to Zaki and Ochsner, empathy is a process that can be divided into three components: mentalizing, emotional sharing and prosocial concern. The aim of our study was to evaluate these competences in 74 criminal subjects compared to 65 controls. The CO group demonstrated a lower ability in measures of mentalizing and sharing, especially in recognizing the mental and emotional states of other people by observing their eyes and sharing other people's emotions. Conversely, CO subjects showed better abilities in prosocial concern measures, such as judging and predicting the emotions and behavior of other people, but they were not able to evaluate the gravity of violations of social rules as well as the control group. In addition, logistic regression results show that the higher the deficits in the mentalizing component are, the higher the probability of committing a crime against another person. Taken together, our results suggest that criminal subjects are able to judge and recognize other people's behavior as right or wrong in a social context, but they are not able to recognize and share the suffering of other people.

  16. 25 CFR 11.901 - The children's court established.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the...

  17. 32 CFR 935.61 - Wake Island Court.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 6 2013-07-01 2013-07-01 false Wake Island Court. 935.61 Section 935.61... REGULATIONS WAKE ISLAND CODE Judiciary § 935.61 Wake Island Court. (a) The trial judicial authority for Wake Island is vested in the Wake Island Court. (b) The Wake Island Court consists of one or more...

  18. 32 CFR 935.61 - Wake Island Court.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 6 2014-07-01 2014-07-01 false Wake Island Court. 935.61 Section 935.61... REGULATIONS WAKE ISLAND CODE Judiciary § 935.61 Wake Island Court. (a) The trial judicial authority for Wake Island is vested in the Wake Island Court. (b) The Wake Island Court consists of one or more...

  19. 32 CFR 935.61 - Wake Island Court.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Wake Island Court. 935.61 Section 935.61... REGULATIONS WAKE ISLAND CODE Judiciary § 935.61 Wake Island Court. (a) The trial judicial authority for Wake Island is vested in the Wake Island Court. (b) The Wake Island Court consists of one or more...

  20. 32 CFR 935.61 - Wake Island Court.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 6 2011-07-01 2011-07-01 false Wake Island Court. 935.61 Section 935.61... REGULATIONS WAKE ISLAND CODE Judiciary § 935.61 Wake Island Court. (a) The trial judicial authority for Wake Island is vested in the Wake Island Court. (b) The Wake Island Court consists of one or more...

  1. 32 CFR 935.61 - Wake Island Court.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 6 2012-07-01 2012-07-01 false Wake Island Court. 935.61 Section 935.61... REGULATIONS WAKE ISLAND CODE Judiciary § 935.61 Wake Island Court. (a) The trial judicial authority for Wake Island is vested in the Wake Island Court. (b) The Wake Island Court consists of one or more...

  2. 20 CFR 416.1485 - Application of circuit court law.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... court law. (a) General. We will apply a holding in a United States Court of Appeals decision that we... Ruling. When we determine that a United States Court of Appeals holding conflicts with our interpretation... have published an Acquiescence Ruling to reflect a holding of a United States Court of Appeals on...

  3. 20 CFR 404.985 - Application of circuit court law.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... court law. (a) General. We will apply a holding in a United States Court of Appeals decision that we... Ruling. When we determine that a United States Court of Appeals holding conflicts with our interpretation... have published an Acquiescence Ruling to reflect a holding of a United States Court of Appeals on...

  4. 25 CFR 11.901 - The children's court established.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the...

  5. 25 CFR 11.901 - The children's court established.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 25 Indians 1 2013-04-01 2013-04-01 false The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the...

  6. 25 CFR 11.901 - The children's court established.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 25 Indians 1 2012-04-01 2011-04-01 true The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the...

  7. 25 CFR 11.901 - The children's court established.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the...

  8. Continuity and Changes in the Developmental Trajectories of Criminal Career: Examining the Roles of Timing of First Arrest and High School Graduation

    ERIC Educational Resources Information Center

    Natsuaki, Misaki N.; Ge, Xiaojia; Wenk, Ernst

    2008-01-01

    Early onset of criminal career is one of the most robust predictors of persistence in offending. However, many antisocial children do not become chronic adult offenders. Using longitudinal data of young male offenders in the California Youth Authority, we examined trajectories of criminal behavior from childhood to adulthood. We particularly…

  9. Time discounting and criminal behavior

    PubMed Central

    Åkerlund, David; Golsteyn, Bart H. H.; Grönqvist, Hans; Lindahl, Lena

    2016-01-01

    One of the most basic predictions of almost any model of crime is that individual time preferences matter. However, empirical evidence on this fundamental property is essentially nonexistent. To our knowledge, this paper provides the first pieces of evidence on the link between time discounting and crime. We use a unique dataset that combines a survey-based measure of time discount rates (at age 13) with detailed longitudinal register data on criminal behavior spanning over 18 y. Our results show that individuals with short time horizons have a significantly higher risk of criminal involvement later in life. The magnitude of the relationship is substantial and corresponds to roughly one-third of the association between intelligence and crime. PMID:27185950

  10. [Criminal prosecution for medical errors].

    PubMed

    Legemaate, J

    2011-01-01

    A policy document providing instructions on the decision to prosecute in medical errors came into effect on November 1st 2010. In this document the Dutch Public Prosecution Service has attempted to make clear which criteria should be adopted when deciding to prosecute in the case of a medical error. There have also been other recent developments in this context: the public prosecutor can now demand access to medical files in certain, highly exceptional circumstances, such as when patients are themselves suspected of committing a criminal offence; and the Dutch Health Care Inspectorate may only pass on a patient's medical file to the public prosecutor if the prosecutor is already in possession of a copy of it. The new policy document leaves several questions unanswered. It does not consider the criminal liability of health care institutions, for example, and there is too much focus on the responsibilities of individual health care workers.

  11. Time discounting and criminal behavior.

    PubMed

    Åkerlund, David; Golsteyn, Bart H H; Grönqvist, Hans; Lindahl, Lena

    2016-05-31

    One of the most basic predictions of almost any model of crime is that individual time preferences matter. However, empirical evidence on this fundamental property is essentially nonexistent. To our knowledge, this paper provides the first pieces of evidence on the link between time discounting and crime. We use a unique dataset that combines a survey-based measure of time discount rates (at age 13) with detailed longitudinal register data on criminal behavior spanning over 18 y. Our results show that individuals with short time horizons have a significantly higher risk of criminal involvement later in life. The magnitude of the relationship is substantial and corresponds to roughly one-third of the association between intelligence and crime.

  12. Fatigue and the criminal law.

    PubMed

    Jones, Christopher B; Dorrian, Jillian; Rajaratnam, Shanthakumar M W

    2005-01-01

    Fatigue is an increasingly recognised risk factor for transportation accidents. In light of this, there is the question of whether driving whilst fatigued should be a criminal offence. This paper discusses the current legal position, including the problems of voluntary conduct and self awareness. Three models for reform are proposed. The manner in which scientific research can inform legal consideration and future directions for research are discussed.

  13. Identifying drug-abusing criminals.

    PubMed

    Wish, E D

    1988-01-01

    In a criminal justice setting, urine testing is the most feasible and accurate method now available for screening large numbers of drug-using offenders. Self-report and record information can be effectively used to verify and extend information about the seriousness of use for those who test positive. The newer RIAH methods offer promise for delineating patterns of drug use over time if the method is valid, can be standardized, and gains acceptance from the scientific and judicial communities.

  14. The Criminal Attribution Inventory: A Measure of Offender Perceptions

    ERIC Educational Resources Information Center

    Kroner, Daryl G.; Mills, Jeremy F.

    2004-01-01

    The Criminal Attribution Inventory (CRAI), drawing upon attribution theory and criminally-related domains, measures criminal responsibility and blame. The CRAI's six scales measure criminal responsibility (Psychopathology, Personality), external criminal blame (Victim, Alcohol, Society) and the attribution of crime to random factors (Random). The…

  15. Court upholds N.J. law discouraging sex in video shops.

    PubMed

    1997-03-21

    Claims that a State law regulating adult video shops unconstitutionally interfere with the shop's free speech rights have been rejected by a New Jersey appeals court. The law was aimed at preventing the spread of contagious diseases where coin-operated, sexually explicit videos are shown. A Law Division judge in Mercer County Superior Court granted a preliminary injunction to the owner of Chez Sez III after ruling the law abridged the proprietors' First Amendment free-speech rights. The Superior Court's Appellate Division disagreed with that analysis. The appellate judge wrote that the law does not suppress sex videos but does prevent book shops from providing closed booths for patrons to watch the videos.

  16. Constitutional Court of South Africa overturns lower court's decision on the right to "sufficient water".

    PubMed

    2009-12-01

    On 8 October 2009, the Constitutional Court of South Africa overturned the judgment of the Supreme Court of Appeal, which addressed the proper interpretation of Section 27(1)(b) of the Constitution of South Africa (Constitution)--namely, everyone's right to have access to sufficient water.

  17. Do DWI Courts Work? An Empirical Evaluation of a Texas DWI Court

    ERIC Educational Resources Information Center

    Cavanaugh, Michael R.; Franklin, Travis W.

    2012-01-01

    Driving while intoxicated (DWI) courts have recently gained traction as a potential solution to the problem of repeat DWI offending. Unfortunately, there are only a handful of peer-reviewed studies that have examined their effectiveness. Thus, the current study compared DWI court graduates to a group of similar offenders who completed probation.…

  18. Drug Court Effectiveness: A Matched Cohort Study in the Dane County Drug Treatment Court

    ERIC Educational Resources Information Center

    Brown, Randall

    2011-01-01

    Drug treatment courts (DTCs) are widely viewed as effective diversion programs for drug-involved offenders; however, previous studies frequently used flawed comparison groups. In the current study, the author compared rates of recidivism for drug court participants to rates for a traditionally adjudicated comparison group matched on potentially…

  19. Connecting to the Courts: A Teacher's Guide to the Wisconsin Courts.

    ERIC Educational Resources Information Center

    Leone de Nie, Karen, Ed.; Todd, Amanda K., Ed.; Hess, Diana, Ed.

    In February 2000, the Wisconsin Supreme Court, the State Bar of Wisconsin, and the University of Wisconsin-Madison Department of Curriculum and Instruction brought together 28 high school teachers from around the state together for a 2-day intensive workshop on teaching about federal and state courts. A second institute was held in February 2001…

  20. Minnesota in the Supreme Court. Lessons on Supreme Court Cases Involving Minnesotans.

    ERIC Educational Resources Information Center

    Bloom, Jennifer

    This document focuses on cases brought by Minnesotans to the U.S. Supreme Court. The five lessons featured are designed to provide secondary classroom teachers with material needed to teach each unit. Lessons cover Supreme Court proceedings, free press issues, freedom of religion, abortion rights, and privilege against self-incrimination.…

  1. The Warren Court and the Burger Court: Some Comparisons of Education-Related Decisions.

    ERIC Educational Resources Information Center

    Faber, Charles F.

    1981-01-01

    Compares the records of the Warren Court and the Burger Court on education-related cases concerning religion and the schools, teachers' loyalty, due process and racial segregation, freedom of expression, civil rights, and equal protection under the law. Reports the voting record of individual justices. (Author/MLF)

  2. Criminal law as a response to medical malpractice: pluses and minuses--comparing Italian and U.S. experiences.

    PubMed

    Di Landro, Andrea R

    2012-06-01

    The paper is divided into three parts. The first part sets out the comparative differences between the tort of malpractice in common law and the criminal negligence in civil law: while the common law takes for mens rea only the "gross" negligence, and rarely medical negligence, other law systems instead (and particularly Italian law) criminalize also ordinary negligence, frequently in medical malpractice cases. The second part of the paper addresses the pluses of using criminal law as response to medical malpractice: inadequate medical self-policing and "repeat offenders" problems are analysed, in the perspective of the patient, of the doctor, of the insurance company, and of the community. The third part addresses the minuses of the criminal law as response: medical "shame and blame" mentality, criminal stigma and culture of fear are disincentives to incident reporting and to system analysis (the most important means of prevention); "defensive medicine" and "courts-abiding medicine" are managed not yet in the patient's exclusive interest, but in the egoistic/utilitarian aim to avoid denunciations; finally, the uncertainty of the medicine, the accusatory system and the proof "beyond a reasonable doubt" seem hardly compatible with each other.

  3. Critical concerns in Iraq/Afghanistan war veteran-forensic interface: veterans treatment court as diversion in rural communities.

    PubMed

    Smee, Daniel E; McGuire, James; Garrick, Thomas; Sreenivasan, Shoba; Dow, Daniel; Woehl, Daniel

    2013-01-01

    The veteran-forensic interface is an emerging area of relevance to forensic clinicians assessing or treating returning Iraq and Afghanistan war veterans facing criminal sanctions. Veterans' Treatment Court (VTC) represents a recent diversion mechanism for low-level offenses that is based on a collaborative justice model. Thirty-nine percent of veterans who served in Iraq or Afghanistan and receiving VA services reside in rural areas. Rural veterans facing criminal justice charges may be at a disadvantage due to limited access to forensic psychiatrists with relevant expertise in providing veterans services for diversion. Therefore, widening the pool of forensic clinicians who have such expertise, as well as knowledge of the signature wounds of the wars as related to aggression and reckless behavior is necessary. This article presents an overview of VTCs and discusses the role of forensic clinicians as stakeholders in this process.

  4. Enduring Risk? Old Criminal Records and Predictions of Future Criminal Involvement

    ERIC Educational Resources Information Center

    Kurlychek, Megan C.; Brame, Robert; Bushway, Shawn D.

    2007-01-01

    It is well accepted that criminal records impose collateral consequences on offenders. Such records affect access to public housing, student financial aid, welfare benefits, and voting rights. An axiom of these policies is that individuals with criminal records--even old criminal records--exhibit significantly higher risk of future criminal…

  5. Length of Time to Resolve Criminal Charges of Child Sexual Abuse: A Three-County Case Study.

    PubMed

    Walsh, Wendy A; Lippert, Tonya; Edelson, Meredyth Goldberg; Jones, Lisa M

    2015-08-01

    The present study sought to examine the court culture of three Oregon counties and their timelines for resolving felony child sexual abuse cases. Specifically, we examined (a) case outcomes, churning (i.e., the extent to which four court events were rescheduled), the length of time to reach a criminal case resolution, and how this length of time compared to that for felonies generally; (b) whether mandatory minimum sentences affected resolution timeliness; and (c) key stakeholders' perceptions about their local court culture. Data included retrospective case-file abstraction (N = 532) on all felony child sex crimes for a 2-year period and interviews with legal professionals (N = 23). Across all three counties, a minority of child sexual abuse cases (18% to 47%) were resolved within the target timeframe of 4 months. In contrast, most felonies (65% to 77%) were resolved within this timeframe. The rescheduling of trials and the requirement of mandatory minimum sentences for some felony child sexual abuse crimes increased the time until case resolution. Results suggest that court cultures that are hierarchical and cooperative may lead to longer case resolution times than court cultures that are self-managing or autonomous. Implications of these results and other results are discussed.

  6. The criminal histories and later offending of child pornography offenders.

    PubMed

    Seto, Michael C; Eke, Angela W

    2005-04-01

    The likelihood that child pornography offenders will later commit a contact sexual offense is unknown. In the present study, we identified a sample of 201 adult male child pornography offenders using police databases and examined their charges or convictions after the index child pornography offense(s). We also examined their criminal records to identify potential predictors of later offenses: 56% of the sample had a prior criminal record, 24% had prior contact sexual offenses, and 15% had prior child pornography offenses. One-third were concurrently charged with other crimes at the time they were charged for child pornography offenses. The average time at risk was 2.5 years; 17% of the sample offended again in some way during this time, and 4% committed a new contact sexual offense. Child pornography offenders with prior criminal records were significantly more likely to offend again in any way during the follow-up period. Child pornography offenders who had committed a prior or concurrent contact sexual offense were the most likely to offend again, either generally or sexually.

  7. Supreme Court refuses to review clinic access law; Second Appeals Court upholds statute.

    PubMed

    1995-06-30

    On June 19, the US Supreme Court refused to review "Woodall v. Reno," a challenge to the Freedom of Access to Clinic Entrances Act (FACE) filed in Virginia by an anti-choice individual. FACE prohibits the use of force, threat of force, or physical obstruction to intentionally injure, intimidate, or interfere with anyone providing or obtaining reproductive health services. By denying the petition for "certiorari," the High Court let stand the US Court of Appeals for the Fourth Circuit decision in February. In that ruling, the midlevel federal court affirmed a lower court's dismissal of two of the eight anti-choice lawsuits challenging FACE, "Woodall v. Reno" and "American Life League v. Reno," which were consolidated by the appeals panel. Although plaintiffs in the first case filed a request for review by the High Court within days of the appellate court ruling, plaintiffs in the latter case waited until May to do so. The Department of Justice, which is defending the federal statute, and CRLP and the NOW Legal Defense and Education Fund, who are intervening on behalf of women and health care providers, will file their opposition to the review by July 26. The Justices will then decide to hear the case. On June 23, a three-judge panel for the US Court of Appeals for the Eleventh Circuit affirmed a lower court's decision to dismiss "Cheffer v. Reno," a facial challenge by Florida anti-choice activists seeking to invalidate FACE. The appeals court had ruled the law did not infringe on First Amendment rights, and the panel rejected the argument that Congress had exceeded its authority under the Commerce Clause of the US Constitution by finding that the measure "protects and regulates commercial enterprises." The appeals court accepted an "amicus" brief filed by CRLP and NOW Legal Defense and Education Fund on behalf of the National Abortion Federation, the National Organization of Women, physicians, and women's health clinics, but denied their request to intervene in the

  8. From "brute" to "thug:" the demonization and criminalization of unarmed Black male victims in America.

    PubMed

    Smiley, CalvinJohn; Fakunle, David

    The synonymy of Blackness with criminality is not a new phenomenon in America. Documented historical accounts have shown how myths, stereotypes, and racist ideologies led to discriminatory policies and court rulings that fueled racial violence in a post-Reconstruction era and has culminated in the exponential increase of Black male incarceration today. Misconceptions and prejudices manufactured and disseminated through various channels such as the media included references to a "brute" image of Black males. In the 21(st) century, this negative imagery of Black males has frequently utilized the negative connotation of the terminology "thug." In recent years, law enforcement agencies have unreasonably used deadly force on Black males allegedly considered to be "suspects" or "persons of interest." The exploitation of these often-targeted victims' criminal records, physical appearances, or misperceived attributes has been used to justify their unlawful deaths. Despite the connection between disproportionate criminality and Black masculinity, little research has been done on how unarmed Black male victims, particularly but not exclusively at the hands of law enforcement, have been posthumously criminalized. This paper investigates the historical criminalization of Black males and its connection to contemporary unarmed victims of law enforcement. Action research methodology in the data collection process is utilized to interpret how Black male victims are portrayed by traditional mass media, particularly through the use of language, in ways that marginalize and de-victimize these individuals. This study also aims to elucidate a contemporary understanding of race relations, racism, and the plight of the Black male in a 21-century "post-racial" America.

  9. Predictors of Criminal Charges for Youth in Public Mental Health during the Transition to Adulthood

    ERIC Educational Resources Information Center

    Pullmann, M. D.

    2010-01-01

    Dual involvement with the mental health system and justice system is relatively frequent for young adults with mental health problems, yet the research on factors predictive of dual involvement is incomplete. This study extends past research on predictors of criminal charges for people in the public mental health system in four ways. First, this…

  10. Are Elderly Felons Treated More Leniently by the Criminal Justice System?

    ERIC Educational Resources Information Center

    Wilbanks, William

    1988-01-01

    Compared the processing of elderly felons (N=1,562) to younger adult felons (N=160,413) to determine if elderly felons get off more easily. Found elderly felons were treated more harshly at the front end of the criminal justice system (through conviction) and more leniently at sentencing, although overall pattern of leniency was due to the…

  11. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on applicants for...

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 4 2013-04-01 2013-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on applicants for employment and on adult applicants for housing... employment and on adult applicants for housing assistance, or tenants? (a) As required by section 208...

  12. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on applicants for...

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 4 2014-04-01 2014-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on applicants for employment and on adult applicants for housing... employment and on adult applicants for housing assistance, or tenants? (a) As required by section 208...

  13. 77 FR 71687 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-04

    ... decree of divorce, annulment, or legal separation, or any court- approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation (hereinafter ``court order'')...

  14. Court upholds whistleblower's firing over plasma tests.

    PubMed

    1999-09-03

    The 7th U.S. Circuit Court of Appeals has upheld the firing of a lab technician from [name removed] Corp. over an injunction she filed regarding protocols for blood plasma testing. The technician claimed that blood plasma from outside vendors was contaminated by saline and should be screened using total protein tests. This test can help prevent false negatives for HIV and hepatitis that may result from saline contamination. The technician accused [name removed] of falsely representing the plasma as safe to the Federal government. The court held that [name removed] did not misrepresent itself because it complied with all required regulations and could represent their products as safe. Further, the court held the technician's firing was not improper because her whistleblowing "verges on being frivolous", and therefore was not protected conduct under the False Claims Act.

  15. [DNA examination for criminal investigation].

    PubMed

    Takahashi, Masanori

    2008-11-30

    The main purpose of DNA examination in a criminal investigation is identification from biological specimen material (sample). Occasionally, DNA genotyping of the sample in which decomposition, pollution, mixture, degeneration, etc., have progressed is requested for identification. In addition, in cases of a small amount of sample, it is not possible to conduct checks many times. The Police Agency in Japan introduced the multiplex PCR system that can detect 15 kinds of STR genotyping and perform sex determination simultaneously using only a small amount of DNA.

  16. Parenthood Residency Status and Criminal Desistance across Neighborhood Contexts

    PubMed Central

    Ziegler, Jessica A.; Kuhl, Danielle C.; Swisher, Raymond R.; Chavez, Jorge M.

    2016-01-01

    Research on desistance and parenthood has yielded mixed results bringing into question whether, and for whom, parenthood matters. Scholarship has not fully explored the importance of residency status or patterns of desistance across a full range of neighborhood contexts, nor examined distinctions between temporary and long-term desistance. Our study uses data from the National Longitudinal Study of Adolescent to Adult Health (Add Health) to examine the association between parenthood residence and criminal desistance across levels of adolescent neighborhood poverty. Our findings demonstrate that parenthood has different meanings for desistance, depending on its duration, residency status, and neighborhood context. PMID:28133399

  17. Child and adolescent psychiatric patients and later criminality

    PubMed Central

    Engqvist, Ulf; Rydelius, Per-Anders

    2007-01-01

    Background Sweden has an extensive child and adolescent psychiatric (CAP) research tradition in which longitudinal methods are used to study juvenile delinquency. Up to the 1980s, results from descriptions and follow-ups of cohorts of CAP patients showed that children's behavioural disturbances or disorders and school problems, together with dysfunctional family situations, were the main reasons for families, children, and youth to seek help from CAP units. Such factors were also related to registered criminality and registered alcohol and drug abuse in former CAP patients as adults. This study investigated the risk for patients treated 1975–1990 to be registered as criminals until the end of 2003. Methods A regional sample of 1,400 former CAP patients, whose treatment occurred between 1975 and 1990, was followed to 2003, using database-record links to the Register of Persons Convicted of Offences at the National Council for Crime Prevention (NCCP). Results Every third CAP patient treated between 1975 and 1990 (every second man and every fifth woman) had entered the Register of Persons Convicted of Offences during the observation period, which is a significantly higher rate than the general population. Conclusion Results were compared to published results for CAP patients who were treated between 1953 and 1955 and followed over 20 years. Compared to the group of CAP patients from the 1950s, the results indicate that the risk for boys to enter the register for criminality has doubled and for girls, the risk seems to have increased sevenfold. The reasons for this change are discussed. Although hypothetical and perhaps speculative this higher risk of later criminality may be the result of lack of social control due to (1) rising consumption of alcohol, (2) changes in organisation of child social welfare work, (3) the school system, and (4) CAP methods that were implemented since 1970. PMID:17727714

  18. Superfund awakes in state supreme courts

    SciTech Connect

    Sutherland, D.

    1998-01-01

    Superfund, often referred to as a sleeping giant, is waking up in state courts with rulings the insurance industry is on the hook for a large share of the nation`s environmental cleanup. While Congress has been quagmired in legislative reauthorization attempts, 40% of the state supreme courts (20 states) have passed laws favoring policyholders of comprehensive general liability insurance (CGL) to be compensated for their cleanup and litigation costs. These rulings vary in terms from state to state, but their collective action is giving the insurance industry grave concerns because of the increase in settlements with CGL policyholders.

  19. Does early onset of criminal behavior differentiate for whom serious mental illness has a direct or indirect effect on recidivism?

    PubMed

    Matejkowski, Jason; Conrad, Aaron; Ostermann, Michael

    2017-02-01

    The involvement of people with serious mental illness (SMI) with the justice system may be a direct result of their disruptive/unsafe expression of psychiatric symptoms being responded to by law enforcement. SMI may also indirectly contribute to justice involvement, through exposure to environmental and social learning processes that place people with SMI at risk for criminal behavior. This study addresses the question: For whom does SMI directly or indirectly relate to criminal behavior? Mediation and conditional effects testing were used to examine the potential of early onset of criminal behavior to distinguish those groups for whom SMI displays a direct effect or an indirect effect on criminal recidivism. This study utilized a disproportionate random sample of 379 inmates released from New Jersey Department of Corrections; 190 of whom had SMI and 189 of whom did not have SMI. Data were collected from clinical and administrative records. Results indicate that criminal risk mediated the relationship between SMI and recidivism. This indirect effect was conditioned by whether the individual had a juvenile conviction. Specifically, for early start offenders, criminal risk was positively related to recidivism while this relationship was not observed for late start offenders. Juvenile criminal onset did not condition the direct effects of SMI on recidivism. A juvenile history of criminal involvement may signal the presence of heightened criminogenic need among adults with SMI. This simple indicator could function to differentiate for clinicians those adults who are good candidates for exploring further, and targeting for amelioration, criminogenic needs to reduce further criminal involvement. (PsycINFO Database Record

  20. Criminal Justice in America. Second Edition.

    ERIC Educational Resources Information Center

    Croddy, Marshall; And Others

    This comprehensive textbook on criminal justice is intended to serve as the foundation for a high school course on law-related education or as a supplement for civics, government or contemporary-issues courses. Designed to foster critical thinking and analytical skills, the book provides students with an understanding of the criminal justice…

  1. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  2. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  3. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 2 2013-01-01 2013-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  4. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 2 2012-01-01 2012-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  5. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  6. 10 CFR 39.103 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 1 2012-01-01 2012-01-01 false Criminal penalties. 39.103 Section 39.103 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING Enforcement § 39.103 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for...

  7. 10 CFR 39.103 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 1 2014-01-01 2014-01-01 false Criminal penalties. 39.103 Section 39.103 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING Enforcement § 39.103 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for...

  8. 10 CFR 39.103 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 1 2013-01-01 2013-01-01 false Criminal penalties. 39.103 Section 39.103 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING Enforcement § 39.103 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for...

  9. 10 CFR 39.103 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 39.103 Section 39.103 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING Enforcement § 39.103 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for...

  10. 10 CFR 39.103 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 1 2011-01-01 2011-01-01 false Criminal penalties. 39.103 Section 39.103 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING Enforcement § 39.103 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for...

  11. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 2 2012-01-01 2012-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  12. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  13. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 2 2013-01-01 2013-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  14. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  15. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  16. The Relative Ineffectiveness of Criminal Network Disruption

    NASA Astrophysics Data System (ADS)

    Duijn, Paul A. C.; Kashirin, Victor; Sloot, Peter M. A.

    2014-02-01

    Researchers, policymakers and law enforcement agencies across the globe struggle to find effective strategies to control criminal networks. The effectiveness of disruption strategies is known to depend on both network topology and network resilience. However, as these criminal networks operate in secrecy, data-driven knowledge concerning the effectiveness of different criminal network disruption strategies is very limited. By combining computational modeling and social network analysis with unique criminal network intelligence data from the Dutch Police, we discovered, in contrast to common belief, that criminal networks might even become `stronger', after targeted attacks. On the other hand increased efficiency within criminal networks decreases its internal security, thus offering opportunities for law enforcement agencies to target these networks more deliberately. Our results emphasize the importance of criminal network interventions at an early stage, before the network gets a chance to (re-)organize to maximum resilience. In the end disruption strategies force criminal networks to become more exposed, which causes successful network disruption to become a long-term effort.

  17. 10 CFR 63.172 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 63.172 Section 63.172 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA Violations § 63.172 Criminal penalties. (a) Section 223 of the Atomic Energy Act of...

  18. 22 CFR 1101.16 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Criminal penalties. 1101.16 Section 1101.16 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SECTION PRIVACY ACT OF 1974 § 1101.16 Criminal penalties. (a) Under the provisions of the Act, it is...

  19. 10 CFR 63.172 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 63.172 Section 63.172 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA Violations § 63.172 Criminal penalties. (a) Section 223 of the Atomic Energy Act of...

  20. 10 CFR 63.172 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 2 2013-01-01 2013-01-01 false Criminal penalties. 63.172 Section 63.172 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA Violations § 63.172 Criminal penalties. (a) Section 223 of the Atomic Energy Act of...