bluuebunny/crossref_metadata_2025_split huggingface dataset:
Stakes and risk: Incapacitative intent in sentencing decisions
Authors: Gottfredson Don M. , Gottfredson Stephen D. , Conly Catherine H. 
Published: May 2007

AbstractMeasures of seriousness of the conviction offense and prior criminal record are strong correlates of sentences. This is consistent with a desert orientation to sentencing. Competing sentencing theories emphasize concepts of risk and incapacitation, but their roles in sentencing decisions have received less attention.This study focused on judicial risk assessments and on the concept of stakes. Both variables plausibly are related to incapacitative intents of judges. Our hypotheses that the risk and stakes measures used are relatively independent and correlated with, and have an interaction effect on, decision outcomes were supported. Both judges' assessments of risk and our stakes scale accounted for substantial variation in the decision to incarcerate. Time actually served in confinement also was related substantially to stakes, risk, and their interaction.Implications of the stakes and risk concepts for future guidelines development and decision study in criminal justice are discussed.
The conscience and convenience of sentencing reform in Indiana
Authors: Hamm Mark S. 
Published: May 2007

AbstractOver the course of the past decade and a half, enormous energy and talent have been devoted to the issue of determinate sentencing. Yet today we know little about the values underlying this reform, and we know even less about the efficacy of determinate sentencing as a crime control policy. This article considers these issues in Indiana 10 years after the renovation of the state's Penal Code. Through a survey of state legislators, an examination of law, official statistics, and personal interview data, the analysis endeavors to understand the ideologies, pragmatics, and impacts of sentencing reform. It is suggested that the implementation of determinate sentencing represents a corruption of both good intentions (“conscience)” and policy objectives. Parenthetically, the article argues that the constructs known as the crime control model and the justice model both constitute a case of arid scholasticism. That is, sentencing reform can be more fully understood in terms of organizational “convenience”.
Inmates' perceptions of determinate and indeterminate sentences
Authors: Larson Calvin J. , Berg Bruce L. 
Published: May 2007

AbstractThe movement to replace indeterminate with determinate sentencing is among the most important recent developments in the criminal justice field. While the views of citizens and scholars on the subject have been widely promulgated, little is known about those of the ultimate “consumers” of sentencing reform, namely, inmates. This article examines the views of a systematic sample of inmates in a maximum security institution in Massachusetts. Subjects' opinions were sought on the relative merits of the two typs of sentencing, and possible behavioral and deterrent effects of a proposed switch to determinate sentencing. More inmates were found to be either opposed to or undecided about than in favor of determinate sentencing.
The admissibility of expert testimony regarding malingering and deception
Authors: Ogloff James R. P. 
Published: May 2007

AbstractThis article discusses the legal admissibility of expert testimony and the ability of mental health professionals to detect malingering and deception among defendants. A legal analysis of the admissibility of expert testimony regarding malingering and deception in formal legal proceedings is presented. Some guidelines are provided to help mental health professionals and attorneys determine the admissibility of evidence they intend to introduce. Although psychologists and psychiatrists currently have a limited ability to identify accurately malingering and deception, expert testimony about the genuineness of a defendant's mental illness is likely to be held admissible for both practical and evidentiary reasons. In contrast, evidence about a witness' credibility is rarely admissible. In addition, psychologists are ethically obliged to recognize their limitations in making representations about their skills.
The SIRS as a measure of malingering: A validation study with a correctional sample
Authors: Rogers Richard , Gillis J. Roy , Bagby R. Michael 
Published: May 2007

AbstractA simulation design was used to test the validity of the SIRS as a structured interview for the assessment of malingering. A correctional sample (25 simulators and 26 controls) was compared to previous validation research (Rogers et al., 1989) which had employed clinical and community samples. Results indicated that six of the 13 SIRS scales, as well as overall item endorsement, differed consistently between honest and simulating/malingering conditions across correctional, clinical, and community settings. In addition, the suggestion that sociopaths may be more effective malingerers was not supported by the SIRS data.
Emerging images of severely battered women and the criminal justice system
Authors: Blackman Julie 
Published: May 2007

AbstractThe research literature of the 1970s and 1980s created a rather singular image of the battered woman. This image functioned as a standard to be met by battered women who attributed their own acts of violence or their failures to protect their children to the violence they endured. Three severely battered women, Hedda Nussbaum, Frances McMillian and Damian Pizarro illustrate the real diversity that exists. Each woman coped differently with her fear of her abuser's violence and domination. Nonetheless, the experiences of all three were unified by the intensity of their fear and by the fact that their acts (or failures to act) were so serious that they led to these women's involvement with the criminal justice system.The psychological consequences of extraordinary violence and the criminal justice system responses are discussed specifically, in relation to each case. The woman's social class and race are emphasized as important mediators of the criminal justice system response. In the final, general section, questions are addressed about society's role in idealizing the f d y and in silencing, ignoring, acknowledging, and/or solving the problems of severely battered women in desperately violent families.
Characteristics and treatment of batterers
Authors: Geffner Robert , Rosenbaum Alan 
Published: May 2007

AbstractThis article summarizes the substantial research conducted in the last decade concerning the characteristics of batterers. While certain characteristics appear to be associated with these abusers, no specific profile has emerged. Treatment programs have focused on anger management, improving communication, improving self‐esteem, changing beliefs, and stress management, but research has not determined the effectiveness of these programs. Various approaches for treating abusers are presented in this article, including psychoeducational groups for batterers and conjoint therapy for couples. The legal system's use of diversion programs for referral/sentencing of batterers is also discussed as an important method for reducing spouse abuse.
Battered women in the criminal justice system: An analysis of gender stereotypes
Authors: Jenkins Pamela , Davidson Barbara 
Published: May 2007

AbstractBattered women charged with killing their abusers present a dilemma to the criminal justice system. Myths and stereo‐types about women and battered women play a prominent role in the courtroom presentation of both defense and prosecution cases. While the prosecution may attempt to discredit the defendant for not living up to the standard of a ‘good woman’, the defense counters with an equally distorted portrayal of the defendant as ultra‐feminine: the passive, helpless victim. Ten court cases of battered women charged with the death of their partners form the basis for a gender analysis of the social construction of the trial setting. This analysis includes the structure of the trial, the language of the trial interchange, the participants in the process, and the role the defendant played in her own defense.
Treating criminal psychopaths in a therapeutic community program
Authors: Ogloff James R. P. , Wong Stephen , Greenwood Anthony 
Published: May 2007

AbstractA Therapeutic Community (TC) treatment program for adult male offenders is summarized and treatment outcome data are discussed. Psychopaths showed less clinical improvement, displayed lower levels of motivation and were discharged from the program earlier than non‐psychopaths. There were significant positive treatment effects for the non‐psychopaths and a mixed group. Psychopathy Checklist scores (Hare, 1985) consistently postdict and predict treatment outcome and attrition from the program.
Interdisciplinary graduate programs which require academic and professional perspectives
Authors: Steward David S. 
Published: May 2007

AbstractThis paper explores considerations that need to be taken into account in the development of academic and professional interdisciplinary programs. Such programs are built on a social view of knowing; take into account the personal world of those involved; and contain program structures that support an interdisciplinary perspective. The paper begins with four features of the knowing person that point to a view of scholarship rooted in the constructive and collaborative activity of human beings. It then describes an interdisciplinary program of graduate study that blends professional and academic concerns.
A psychiatrist's reflections on the workers' compensation system
Authors: Brodsky Carroll M. 
Published: May 2007

AbstractIn the ‘looking‐glass land’ of workers' compensation psychiatry, symptoms are not always what they seem, treatments may have little or no positive effect, and workers' claims of continued disability may puzzle and perplex. Disability is in part a social role, and a simple medical model cannot explain the complex interactions of sociology, psychology, anthropology, medicine, economics, and law characteristic of the workers' compensation system. Psychiatrists functioning within and reciprocally shaped by this semi‐adversarial system will rarely encounter an ‘ideal’ patient. Factors in all areas of workers' lives, including those integral to the workers' compensation system, influence their movement along a health‐illness, ableddisabled axis. This paper identifies a number of interacting factors that may prolong, or even subvert, the recovery process following a work‐incurred injury or illness.
Workers' compensation for mental stress cases
Authors: Barth Peter S. 
Published: May 2007

AbstractWorkers' compensation, the USA's oldest social insurance program, is encountering new challenges in the form of mental stress claims. It is necessary to sort these cases three ways, in the terminology of compensation practitioners, physical‐mental, mental‐physical, and mental‐mental. Although each of these appear to represent only a small part of all compensation claims presently, each category is difficult to administer, and all hold the potential for large growth in activity. At the extreme, any of the three could swamp a state's compensation program, administratively or economically.A case can be made that mental stress cases are simply variants of challenges previously posed and in many instances, successfully resolved by the state systems. That question will be determined by the future decisions of legislators, courts, and state administrators.The economic impact of such cases is not known. Their importance, however, extends well beyond the direct costs of indemnity and medical benefits paid. Ultimately, the indirect efforts on employer‐worker‐union relations may be larger than the direct costs.
Compensation for mental‐mental claims under Canadian law
Authors: Lippel Katherine 
Published: May 2007

AbstractCanadian Workers Compensation Boards have recently been confronted with claims for compensation for disability related to workplace stress. Rules of adjudication applied to such claims are currently evolving in the 11 Canadian jurisdictions studied. This article describes the Canadian Workers' Compensation schemes and then proceeds to analyse the approach of the various provincial Boards to mental‐mental claims. It explores some of the differences between the Canadian and American approaches to the issue of compensation for psychological workplace stress, offers hypotheses as to the reasons for the disparities, and looks at the future of such claims.
Workers' compensation for law enforcement related post traumatic stress disorder
Authors: Mann Jimmy P. , Neece John 
Published: May 2007

AbstractThe questions of how Post Traumatic Stress Disorder (PTSD) manifests itself among police officers and their eligibility to receive workers' compensation for PTSD are explored. The nature of the police officer's occupation, the prevalence of stress‐related disorders among police personnel, and the relationship of the police personality to the dynamics of the way stress is manifested are considered. The extent to which workers' compensation statutes in various states cover mental injuries is also examined, and the variables that may affect the outcome of an officer's receiving compensation for PTSD are discussed. Finally, implications for mental health professionals who testify as expert witnesses in cases dealing with police stress, as well as those who work in the assessment and treatment ofpolice personnel, are explored.
Law, social science and the “brainwashing” exception to the first amendment
Authors: Anthony Dick , Robbins Thomas 
Published: May 2007

AbstractLitigation in the “cult wars” has shifted from “deprograming” cases to civil suits by ex‐converts based on “brainwashing” claims, and to criminal defenses claiming incapacity due to cultic brainwashing. Early cases were decided on the basis of first amendment derivations barring judicial inquiries into conversion processes and religious authenticity. In 1988 the California Supreme Court carved out a narrow exception to this doctrine to be applied to circumstances where “coercive persuasion” is combined with concealment of a group's identity. The Court's opinion entailed characterizations of the process and consequences of brainwashing which are problematic from the standpoint of social science. Several key questions must be resolved before brainwashing theories can make a constructive contribution to litigation involving religious groups. These questions relate to broader issues involving the nature, causes and indicators of involuntariness, and the closely related problem of drawing the line or identifying the exact point on a continuum beyond which the means or intensity of indoctrination becomes incapacitating. Although the 1988 California decision did not resolve these issues, they were considered from 1988‐91 by several courts making procedural rulings on the admissibility of “expert” testimony on brainwashing/psychologicd coercion. A concluding section relates this legal to the duality of ‘soft’ vs. ‘hard’ determinism in social science.
Recidivism of disordered offenders who were conditionally vs. unconditionally released
Authors: Wiederanders Mark R. 
Published: May 2007

AbstractPostinstitutional arrests and state hospitalizations of 191 patients placed on conditional release (CONREP group) were compared to those of 44 patients released from the same California state hospital with no aftercare due to expiration of commitment terms (MAXOUT group). The two groups were not randomly determined but were comparable in demographic characteristics and rates of preprogram arrest. The CONREP group had a significantly lower community‐period arrest rate than did the MAXOUT group (p <.001). Survival rate analyses, using time until arrest and time until revocation as dependent variables, suggested that revocations during the first 240 days of community re‐entry reduced the potential arrest rate within the CONREP group. Results were discussed in terms of the “criminalization hypothesis” as well as the crime‐preventive possibilities of the conditional release mechanism.
The influence of race on sentencing: A meta‐analytic review of experimental studies
Authors: Sweeney Laura T. , Haney Craig 
Published: May 2007

AbstractThis article presents a meta‐analytic review of simulation studies that examine the effect of defendant's race on jurors' sentencing decisions. Several narrative reviews have characterized the results of these studies as inconsistent or demonstrating only occasional effects. In contrast, the present meta‐analysis indicated significant overall support for the hypothesis that racial bias influences sentencing decisions. In addition, our analysis failed to support several common generalizations that have been made about this literature. That is, we did not find that stronger results were associated with older studies, those taking place in the southern US, or those involving the crime of rape. Instead, several components of methodological rigor—the nature of the race manipulation, presence of controls for victim's race, and specification of the race of the subject sample—were most closely associated with stronger results in these studies.
Remedies for discrimination: Race, sex and affirmative action
Authors: Clayton Susan D. 
Published: May 2007

AbstractDiscrimination, and its intended remedy in affirmative action, are often discussed as if they operate equivalently for all target groups. However, the specific nature of inter‐group relations between racial groups and between gender groups leads to differences both in the experience of racism and sexism and in the requirements for affirmative action programs. This article describes some of the legal differences between race and sex as social constructs, and explores the implications for workplace policies designed to remedy racial and gender‐based discrimination. Research results have shown that, among Whites, there is more support for preference toward women than toward ethnic and racial minorities. Such attitudinal differences both reflect the different nature of intergroup relations and point to the different needs for affirmative action policies toward each group.
Smile when you call me that!: The problems with punishing hate motivated behavior
Authors: Gerstenfeld Phyllis B. 
Published: May 2007

AbstractDuring the last several years, many jurisdictions have enacted laws meant to punish behavior motivated by racial hatred or other forms of bigotry. The actual impact of these laws is probably largely symbolic. These laws, which are often called “hate crime” laws, have a number of problems. Hate crime laws may violate the constitution, but this problem can usually be avoided through careful drafting. More importantly, there are a number of practical and policy problems with hate crime laws; not only are these crimes difficult to identify, but they involve the problematical consideration of the offender's motive. In addition, social scientific theories suggest that the laws may actually increase bigotry and disempower minorities. For these reasons, it is recommended that policy‐makers explore other means of reducing bigotry.
Competency to be executed: A therapeutic jurisprudence perspective
Authors: Winick Bruce J. 
Published: May 2007

AbstractThis Article analyzes the concept of competency to be executed. It examines the Supreme Court's 1986 decision in Ford v. Wainwright, discussing both its Eighth Amendment and procedural due process determinations. It then considers the standard that should be applied in determining competency in this context and the procedures that the states should utilize to insure a fair determination consistent with due process. The article then considers the perplexing problem of whether an incompetent death row prisoner may assert a constitutional or statutory right to refuse treatment designed to restore him to competency for execution, examining both the constitutional and therapeutic implications of involuntary treatment in this context.
The aftermath of Ford v. Wainwright
Authors: Radelet Michael L. , Miller Kent S. 
Published: May 2007

AbstractWhatever happened to Alvin Ford? This paper describes the aftermath of the Supreme Court's 1986 ruling in Ford v. Wainwright. The Ford decision held that exempting the mentally incompetent from execution is a matter of constitutional right, and hence the determination of who is competent for execution cannot be left solely in the hands of the executive branch of the government. We describe the hearing in Ford's case in federal district court that occurred after the Supreme Court's decision, the judge's ruling, and Ford's subsequent (and final) appeal. We conclude that despite the decision in Ford, it remains all but impossible for defense attorneys to prove that psychotic death row clients are incompetent for execution.
Outcome of hospitalization for defendants found incompetent to stand trial
Authors: Nicholson Robert A. , McNulty John L. 
Published: May 2007

AbstractThis study assessed the outcome of hospitalization for incompetent criminal defendants admitted to the forensic unit of a state hospital for treatment during a 4‐year period. Findings suggested that the overwhelming majority of the defendants were restored to competency. The defendants also showed significant improvement in overall severity of psychopathology during hospitalization. Further, the duration of hospitalization for these defendants was relatively short. Although these results are promising with regard to treatment of incompetent defendants, predicting the outcome of hospitalization for these defendants was problematic. Prediction of competency restoration was precluded because persistent incompetence was so infrequent. Moreover, multiple regression analyses suggested limited predictive ability with regard to defendants' discharge level of functioning or length of hospitalization. These findings are consistent with the view that examiners should exercise caution in making recommendations to the courts concerning treatability of incompetent defendants.
Attorney‐ client decision‐ making in criminal cases: Client competence and participation as perceived by their attorneys
Authors: Hoge Steven K. , Bonnie Richard J. , Poythress Norman , Monahan John 
Published: May 2007

AbstractThe authors employed a structured interview to ascertain public defenders' perceptions of their clients' competence and the degree of their participation in the defense. In a sample of 122 randomly selected, non‐dismissed felony cases, attorneys had doubts about the competence of 14.8% (n = 18) of their clients. Attorneys reported that clients whose competence was doubted were less involved in decision‐making and, overall, were passive participants in their cases. Nearly one‐half of these clients were not referred for assessment by a mental health professional. The authors compare the practices of attorneys faced with clients of suspected competence with those of mental health clinicians treating patients with impairments in decision‐making capacity.
Representation by counsel: Right or obligation?
Authors: Miller Robert D. , Kaplan Leonard V. 
Published: May 2007

AbstractSince the Supreme Court's decision in Faretta v. California (1975), courts have generally permitted defendants to represent themselves, as long as they are competent to do so. The problem lies in the definition of competency to waive counsel, which has been vaguely defined by the courts. Little is known about the frequency of, or reasons for, attempts to waive counsel, about the process of forensic evaluation of such competency, and about the success of such attempts. The authors briefly review the case law on competency to waive representation, report on a longitudinal prospective study of these issues in a population of defendants referred to an inpatient forensic facility for evaluation of all types of competency related to their criminal prosecutions, and discuss the significance of the issue for forensic clinicians. A key question for courts, lawyers, and clinicians is whether a competency evaluation can be invoked to overcome a defendant's constitutional rights to self‐representation and bail.