- Mental health assessment of rape offenders
- Language selection
- Log in to Wiley Online Library
- She was the PTA mom everyone knew. Who would want to harm her? - Los Angeles Times
- 100 Great Works of Dystopian Fiction
The treatment of adolescent sexual offenders ASO has its theoretical underpinnings in social learning theory. Although social learning theory has been frequently cited in literature, a comprehensive application of this theory, as applied to practice, has not been mapped out. The social learning and social cognitive theories of Bandura appear to be particularly relevant to the group treatment of this population.
The application of these theories to practice, as demonstrated in a program model, is discussed as a means of demonstrating how theory-driven practice methods can be developed. The current study examines offending trajectories of adolescent sexual offenders ASOs. Until recently, classification frameworks have not been designed to account for the heterogeneity of offending patterns in adolescence, how these are associated with the unfolding of sexual and non- sexual criminal activity, and whether and to what extent they are related to the characteristics of sex offenses in adolescence.
The current study takes a longitudinal view of offending in adolescence by examining retrospective longitudinal data of ASOs referred for treatment to a clinical service between and in Australia. General offending trajectories in adolescence were examined using semi-parametric group-based modeling, and compared according to non-violent non- sexual , violent-non- sexual , and sex offending criminal activity parameters e.
The results show distinct differences in the unfolding of sexual and non- sexual criminal activity along different offending trajectories of ASOs, and further, that these trajectories were differentially associated with the characteristics of the sexual offenses they committed. Pharmacological interventions for those who have sexually offended or are at risk of offending. Sexual offending is a serious social problem, a public health issue, and a major challenge for social policy.
Victim surveys indicate high incidence and prevalence levels and it is accepted that there is a high proportion of hidden sexual victimisation. Surveys report high levels of psychiatric morbidity in survivors of sexual offences. Biological treatments of sex offenders include antilibidinal medication, comprising hormonal drugs that have a testosterone-suppressing effect, and non-hormonal drugs that affect libido through other mechanisms.
The three main classes of testosterone-suppressing drugs in current use are progestogens, antiandrogens, and gonadotropin-releasing hormone GnRH analogues. Medications that affect libido through other means include antipsychotics and serotonergic antidepressants SSRIs. To evaluate the effects of pharmacological interventions on target sexual behaviour for people who have been convicted or are at risk of sexual offending.
We also searched two trials registers and requested details of unidentified, unpublished, or ongoing studies from investigators and other experts. Prospective controlled trials of antilibidinal medications taken by individuals for the purpose of preventing sexual offences, where the comparator group received a placebo, no treatment, or 'standard care', including psychological treatment. Pairs of authors, working independently, selected studies, extracted data, and assessed the risk of bias of included studies.
We contacted study authors for additional information, including details of methods and outcome data. We included seven studies with a total of participants, with data available for Sample sizes ranged from 9 to Judgements for categories of risk of bias varied: concerns were greatest regarding allocation concealment, blinding of outcome assessors, and incomplete outcome data dropout rates in.
Psychosocial predictors of sexual initiation and high-risk sexual behaviors in early adolescence. Full Text Available Abstract Background This longitudinal study examined psychosocial factors associated with risky sexual behavior in early adolescence. We first examined whether internalizing and externalizing problems in sixth grade, and the rate of change in these factors during middle school, were predictive of sexual initiation two years later, when most of the sample was in eighth grade.
We then assessed whether internalizing and externalizing problems in sixth grade, and the rate of change in these factors during middle school, were predictive of engaging in high risk sexual behavior over the subsequent two years. Results Externalizing factors are more predictive of sexual risk in early adolescence than are internalizing factors.
Specifically, substance use and violent delinquency over the course of middle school were associated with higher, while anxiety with lower, sexual initiation rates during middle school. Additionally, increased substance use over the course of middle school was associated with greater likelihood of engaging in high risk sexual behavior. Conclusion By identifying particular psychosocial risk factors among young adolescents, the findings of this study have implications for designing multi-dimensional programs aimed at preventing health-compromising sexual behavior among young teens.
Parental and perinatal risk factors for sexual offending in men: a nationwide case-control study. Prior studies suggest parental and perinatal risk factors are associated with later offending. It remains uncertain, however, if such risk factors are similarly related to sexual offending. We linked socio-demographic, family relations, and perinatal obtained at birth data from the nationwide Swedish registers from to with information on criminal convictions of cases and control subjects.
Predictors included parental young maternal or paternal age at son's birth, educational attainment, violent crime, psychiatric disorder, substance misuse, suicide attempt and perinatal number of older brothers, low Apgar score, low birth weight, being small for gestational age, congenital malformations, small head size variables.
Conditional logistic regression models found consistent patterns of statistically significant, small to moderate independent associations of parental risk factors with sons' sexual offending and non- sexual violent offending. For perinatal risk factors, patterns varied more; small for gestational age and small head size exhibited similar risk effects for both offence types whereas a higher number of older biological brothers and any congenital malformation were small, independent risk factors only for non- sexual violence.
This nationwide study suggests substantial commonalities in parental and perinatal risk factors for the onset of sexual and non- sexual violent offending. Individual, family and offence characteristics of high risk childhood offenders : comparing non- offending , one-time offending and re- offending Dutch-Moroccan migrant children in the Netherlands. Full Text Available Abstract Background Childhood offenders are at an increased risk for developing mental health, social and educational problems later in life.
An early onset of offending is a strong predictor for future persistent offending. Childhood offenders from ethnic minority groups are a vulnerable at-risk group.osipro.henkel.buildingonline.com/mount-hikurangi-cries-for-you-a.php
Mental health assessment of rape offenders
However, up until now, no studies have focused on them. Aims To investigate which risk factors are associated with re- offending of childhood offenders from an ethnic minority. Results All groups, including the controls, showed substantial problems. Single parenthood OR 6. Reading problems OR 3. First offence characteristics were not predictive for re- offending. The control group reported high levels of emotional problems Parents reported not needing help for their children but half of the re- offender 's families were known to the Child Welfare Agency, mostly in a juridical framework.
Conclusion The Moroccan subgroup of childhood offenders has substantial problems that might hamper healthy development. Interventions should focus on reaching these families tailored to their needs and expectations using a multi-system approach. Examined the effects of sexuality classes on 23 sex offenders and 28 college students.
Results showed that compared to controls, participants had more positive attitudes toward masturbation and a disgust of perverse fantasies about women, suggesting human sexuality education may be useful in preventing sex offenses and rehabilitating offenders. This paper reviews the literature on the nature and incidence of child sexual abuse, explores the link between child sexual abuse and later sexual exploitation, and reviews the literature on prevention strategies and effective interventions in child sexual abuse services. Our understanding of the international epidemiology of child sexual abuse is considerably greater than it was just 10 years ago, and studies from around the world are examined.
Childhood sexual abuse can involve a wide number of psychological sequelae, including low self-esteem, anxiety, and depression. Numerous studies have noted that child sexual abuse victims are vulnerable to later sexual revictimization, as well as the link between child sexual abuse and later engagement in high-risk sexual behaviour. Survivors of child sexual abuse are more likely to have multiple sex partners, become pregnant as teenagers, and experience sexual assault as adults.
Prevention strategies for child sexual abuse are examined including media campaigns, school-based prevention programmes, and therapy with abusers. The results of a number of meta-analyses are examined. However, researchers have identified significant methodological limitations in the extant research literature that impede the making of recommendations for implementing existing therapeutic programmes unreservedly.
A prospective examination of whether childhood sexual abuse predicts subsequent sexual offending. Childhood sexual abuse has been assumed to increase the risk for sexual offending. However, despite methodological limitations of prior research, public policies and clinical practice have been based on this assumption.
To empirically examine the commonly held belief that sexually abused children grow up to become sexual offenders and specialize in sex crimes. This prospective cohort study and archival records check included cases and control individuals originally from a metropolitan county in the Midwest. Both groups were followed up into adulthood mean age, 51 years. The court cases were from to ; the follow-up extended to Criminal history information was collected from federal and state law enforcement agency records at 3 points in time and from state sex offender registries.
Overall, individuals with histories of childhood abuse and neglect were at increased risk for being arrested for a sex crime compared with control individuals adjusted odds ratio [AOR], 2. Specifically, individuals with histories of physical abuse AOR, 2.
Physically abused and neglected males not females were at increased risk and physically abused males also had a higher mean number of sex crime arrests compared with control individuals. The results did not provide support for sex crime specialization. The widespread belief that sexually abused children are uniquely at risk to become sex offenders was not supported by. The authors examined the therapeutic responses of psychopathic sex offenders greater than or equal to 25 Psychopathy Checklist-Revised; PCL-R in terms of treatment dropout and therapeutic change, as well as sexual and violent recidivism over a year follow-up among federally incarcerated sex offenders treated in a high-intensity inpatient….
Self-reported sexual assault in convicted sex offenders and community men. Although self-reported sexual assault perpetrated by men against women has been well documented among college men, less is known about self-reported perpetration among convicted sex offenders and community men. This study provides unique descriptive and comparative information on sexual assaults in these understudied populations. We found notably few differences between sex offenders and community men in the rate and severity of sexual assault perpetration and the tactics used to obtain unwanted sexual contact.
Both groups used guilt and anger as the most frequent tactics to obtain unwanted sexual activity from their female victims. Consistent with the confluence model, an impersonal orientation toward sexual relationships was associated with sexual assault for both sex offenders and community men. Future directions for research on sexual assault perpetration and violence prevention efforts are discussed in light of these findings. Theories of cognitive distortions in sexual offending : what the current research tells us. In this article, we describe the major theories that have been formulated to explain the role of distorted cognition in initiating and maintaining sexual offending.
We evaluate each theory in light of a set of theory appraisal criteria and the available empirical research. Finally, we conclude by drawing together the results of this theory evaluation process and highlight the major implications for treatment and future research. Clinical characteristics associated with paedophilia and child sex offending - Differentiating sexual preference from offence status. Contrary to public perception, child sex offending CSO and paedophilia are not the same.
Only half of all cases of CSO are motivated by paedophilic preference, and a paedophilic preference does not necessarily lead to CSO. However, studies that investigated clinical factors accompanying and contributing to paedophilia so far mainly relied on paedophiles with a history of CSO. The aim of this study was to distinguish between factors associated with sexual preference paedophile versus non-paedophile and offender status with versus without CSO. Results indicated that psychiatric comorbidities, sexual dysfunctions and adverse childhood experiences were more common among paedophiles and child sex offenders than controls.
Offenders and non- offenders differed in age, intelligence, educational level and experience of childhood sexual abuse, whereas paedophiles and non-paedophiles mainly differed in sexual characteristics e. In differentiating between offence- and preference-related factors this study improves clinical understanding of both phenomena and may be used to develop scientifically grounded CSO prevention and treatment programmes. It also highlights that some deviations are not traceable to just one of these two factors, thus raising the issue of the mechanism underlying both phenomena.
Theorising sexual media and sexual violence in a forensic setting: men's talk about pornography and offending. This article reports findings from a discourse analytic study which critically explored the language of mental health nurses, and detained sexual offenders , in relation to pornography in one high-security hospital. It recognised previous empirical investigation, and pro-feminist theorising, into mediated representations and male sexual violence, but situated the research process in a forensic nursing context.
Decision-making about access to, or restriction of, commercial sexual literature, as a component of therapeutic intervention and offender management, reveals tensions between service-user rights and treatment goals. The aim was to access nurse and patient talk in a specific culture.
Semi-structured interviews with eighteen nursing staff, and nine patients, were used to co-construct accounts of pornography, sexual offending , and treatment. Analysis and data collection were undertaken concurrently. Interviews were audio-taped and transcribed. Attention was given to how textual variation positioned respondents in relation to each other and the institution. Findings suggested collective male talk textured the environment, promoted gendered inequality, marginalised female nurses, and undermined rehabilitation.
Shared discourse enabled male staff and patients to relate to each other as men, while maintaining distance through constructions of otherness. Consideration is given to ways of resisting institutional impediments and promoting positive therapeutic relations. Staff attributions towards men with intellectual disability who have a history of sexual offending and challenging behaviour. Background Staff working within secure services for people with intellectual disabilities ID are likely to work with sexual offenders , but very little attention has been paid to how they think about this sexual offending behaviour.
Attributions toward Analyzing the dimensional structure of the Stable yielded three factors, named Antisociality, Sexual Deviance, and Hypersexuality. Antisociality and Sexual Deviance were significant predictors for sexual recidivism. Sexual Deviance was negatively associated with non- sexual violent recidivism. Comparisons with latent dimensions of other risk assessment instruments are made and implications for applied risk assessment are discussed.
The present study examined the predictive properties of Violence Risk Scale- Sexual Offender version VRS-SO risk and change scores among Aboriginal and non-Aboriginal sexual offenders in a combined sample of 1, Canadian federally incarcerated men. All men participated in sexual offender treatment programming through the Correctional Service of Canada CSC at sites across its five regions. The StaticR was also examined for comparison purposes. In total, of the men were identified as Aboriginal i. Aboriginal men scored significantly higher on the StaticR and VRS-SO and had higher rates of sexual and violent recidivism; however, there were no significant differences between Aboriginal and non-Aboriginal groups on treatment change with both groups demonstrating close to a half-standard deviation of change pre and post treatment.
Cox regression survival analyses also demonstrated positive treatment changes to be significantly associated with reductions in sexual and violent recidivism among Aboriginal and non-Aboriginal men after controlling baseline risk. A series of follow-up Cox regression analyses demonstrated that risk and change score information accounted for much of the observed differences between Aboriginal and non-Aboriginal men in rates of sexual recidivism; however, marked group differences persisted in rates of general violent recidivism even after controlling for these covariates.
Safeguarding child rights and enhancing caregiver responsibilities among Canadian parents of youth who sexually offend. Research on youth sexual offending has focused primarily on its prevalence. However, recent efforts have begun to consider the collateral consequences for the relatives of offending youth, although little has been done in this regard toward exploring caregiver accountability. This study presents qualitative data on parents' sense of responsibility in situations where their child engaged in sexual offending behaviour against another child.
We analyzed interview data among 16 parents from 10 families in Canada using thematic coding procedures. Findings illustrated the range of responsible actions that caregivers of sexual offending youth undertook with regard to preventing recidivism and accessing appropriate services for all the abuse-affected children. Caregivers reported on the enormous complexities they encountered as they attempted to simultaneously attend to the best interests of both the victim and offending youth.
A particularly significant theme was that, despite the overwhelming challenges caregivers faced in dealing with the needs of their offending child, they were also highly attentive to the well-being of the victims. Our findings point to the importance of comprehensive and non-biased support services for both children and caregivers in order to fully uphold the rights of all affected individuals, and to better meet the needs as well as best interests of sexual abuse-affected children.
The relationship of deviant sexual arousal and psychopathy in incest offenders , extrafamilial child molesters, and rapists. The relationship between deviant sexual arousal, as measured by auditory phallometric stimuli, and psychopathy, as measured by the Psychopathy Checklist-Revised, was examined in incest offenders , extrafamilial child molesters, and rapists. Subjects in each group had never been convicted of another type of sexual offense. Replicating previous research, rapists were more psychopathic than incest offenders and child molesters.
Deviant sexual arousal to auditory stimuli was evident only on the Pedophile Index for child molesters. When the relationship between psychopathy and deviant sexual arousal was evaluated in the three groups combined, several significant correlations emerged. However, a finer analysis of these correlations revealed that child molesters evidenced a significant correlation between psychopathy and the Rape Index and psychopathy and the Pedophile Index.
There were no such significant findings in the incest offender or rapist groups. Implications of the results are discussed. Although emotional congruence with children ECWC is a risk factor for sexual offending against children, its conceptual validity has hardly been researched. This study aims to explore the construct of ECWC by evaluating the factor structure of the Child Identification Scale CIS-R and its relation to facets of sexual preference and child sexual abuse behaviors.
It was hypothesized that the measure comprises consistent subscales that are differently associated with aspects of sexual preference and sexual offending against children. CIS-R data of a sample of adult male pedophiles from the community were used for an exploratory principal component analysis PCA. Group comparisons and a multinomial logistic regression analysis were conducted after including a non-pedophilic control group of 22 adult men. Group comparisons found differences in overall scores and the factor labeled "Attachment to Children" between subgroups of sexual age and gender preference, but not between contact, online, and non- offenders.
The regression analysis showed a pedophile sexual preference and the interaction between a hebephile sexual age preference and the factor "Attachment to Children" being associated with past offending behavior. It is discussed whether this is an inherent feature of pedophilia or rather an independent aspect being differently distinct in pedophiles. This study examined the self-reported presence and severity of abuse, neglect, and depressive symptoms for 43 adolescents adjudicated delinquent due to a sexual offense. Twenty-seven of the adolescent sexual offenders were also diagnosed with an autism spectrum disorder, and 16 did not carry an autism spectrum disorder diagnosis.
Both groups…. Objective: The primary goal of this study was to explore the relationship between childhood sexual abuse and parenting practices among non- offending mothers of sexually abused girls. Guided by a developmental-ecological perspective of parenting, several models with different potential pathways starting from the mothers' childhood experiences of…. Adolescent sexual risk-taking behavior has numerous individual, family, community, and societal consequences.
In an effort to contribute to the research and propose new directions, this chapter applies the core competencies framework to the prevention of high-risk sexual behavior. It describes the magnitude of the problem, summarizes explanatory…. Associations between alcohol, heroin, and cocaine use and high risk sexual behaviors among detoxification patients. Alcohol and heroin were not significantly associated with sexual activity, high risk sexual behaviors or STD in this sample.
The growing popularity of offending behavior programs has led to the interest of whether such programs are effective with mentally disordered offenders. A sample of 59 adult high risk males detained in a high secure hospital completed questionnaires at baseline and post treatment to assess violent attitudes, anger, coping processes and social problem-solving. An informant measure of social and psychological functioning, including disruptive behavior, was completed by staff at the same time.
The data of 30 patients who participated in the group condition were compared using intention to treat analysis with 29 controls who received treatment as usual. In contrast to controls, significant medium-large treatment effects were found at outcome on self-reported measures of violent attitudes, social problem-solving and coping processes. Improvements were endorsed by informant ratings of disruptive behavior, social and psychological functioning.
Future research should use a randomized controlled design. Online child pornography offenders are different: a meta-analysis of the characteristics of online and offline sex offenders against children. The current meta-analysis compared the characteristics of online child pornography-only offenders , typical offline sex offenders against children, and offenders with both child pornography and contact sex offences against children mixed.
Based on 30 unique samples comparison ns ranging from 98 to 2, , the meta-analysis found key differences between groups. Offenders who committed contact sex offences were more likely to have access to children than those with only child pornography offences. In contrast, offenders who used the internet to commit sexual offences had greater access to the internet than those with contact sex offenders.
Differences between the groups, however, were not limited to differential opportunities. Sex offenders against children and mixed offenders were found to score higher on indicators of antisociality than online child pornography offenders CPOs. CPOs were also more likely to have psychological barriers to sexual offending than sex offenders against children and mixed offenders e. Mixed offenders were found to be the most pedophilic, even more than CPOs.
The findings suggest that offenders who restricted their offending behavior to online child pornography offences were different from mixed offenders and offline sex offenders against children, and that mixed offenders were a particularly high risk group. Of the participants, No statistical differences in attitudes were found between females and males toward adolescent sexual offenders. A significant relationship was found between experience and the Deviancy factor. No statistically significant relationship was found between months of training and attitudes.
Overall, attitudes toward adolescent sexual offenders were positive. The relationship between alcohol consumption and sexual crime appears to be unquestionable. However, the mechanisms that lead to violence and aggression under the influence of alcohol are not entirely understood in this group of offenders.
The aim of this paper was to attempt answering the question: what are the features characterizing sexual offenders declaring alcohol abuse. The research material consisted of forensic psychiatric- sexology assessments issued by experts from Outpatient Psychiatric Clinic in 10 Military Hospital Clinic in Bydgoszcz between to Relevant statistical dependences were observed. The obtained results show that, a alcohol abuse has a sexual criminogenic effect especially in the coincidence that there are sustainable personality abnormalities and organic CNS damage.
The conducted study prove that the sexual perpetrators who abuse alcohol have a poor level of social functioning and brought up in dysfunction families having alcoholic problems. Stimuli eliciting sexual arousal in males who offend adult women: an experimental study. The sexually arousing effects of short film scenes showing a naked actress's seductive behavior were phalloplethysmographically measured in 14 sexual deviates.
- Narratives of criminal action and forensic psychology!
- Sucre, una antología (Spanish Edition).
- My Road Beyond The Codependent Divorce?
- Navigation menu.
- well water & the tide.
These were males who had offended adult women, predominantly exhibitionists. Controls were 14 normal men. Deviates responded positively to the scenes and differentiated strong and weak seduction scenes similarly to normals. Consequently, the question arises of why deviates avoid their victim's erotic cooperation and why they do not offend their regular sexual partners. Post hoc analysis of five scenes which elicited a strikingly higher response in deviates than in normals suggested that these scenes contained reduced seductive behavior but unrestrained presentation of the genitals. This finding further encourages the laboratory study of stimulus conditions for abnormal sexual arousal which occurs during the sexual offense.
Characteristics, etiology and assessment of sexual offending in persons with intellectual disability. Full Text Available The paper presents an overview of the studies dealing with the etiology, types and clinical expression of sexual offending in people with intellectual disability, with a brief overview of some of the methods and techniques of structured assessment of deviant sexual behavior. A review of possible etiological factors provides an overview of the static and dynamic risks factors of sexual offending and recidivism.
The results indicate an increased incidence of sexual offending in people with intellectual disability compared to those of a typical development. The most important risk factors for the manifestation of deviant sexual behavior include: early victimization, misunderstanding of social rules and restrictions, poor impulse inhibition, behavioral and emotional dysregulation and some neurobiological factors associated with genetic syndromes. People with intellectual disabilities usually choose other people with disabilities, as well as children, for victims of sexual offences.
The results of the presented research point to the importance of continuous sexual education of people with intellectual disability and preventive action in order to mitigate the well known risk factors for expressing sexually deviant behavior. The attitudes of professionals towards implementation of the registry of offenders of sexual abuse of juveniles. Full Text Available The sexual victimization of children has always drawn great attention from experts and criminal policy makers due to the nature of the violent behavior and the developmental specific characteristics of the victims which enjoy special criminal law protection in a developed society.
The high dark number and sex offender recidivism, as referenced by the frequent media reports about new cases of sexual violence towards the youngest memebers of society, highlight the need to search for the most appropriate social response to this form of sexual offending. The establishment of a register of convicted sex offenders for acts of sexual violence committed against minors, as one approach with a primary special preventive purpose, found its application in criminal law theory and practice of the Republic of Serbia.
The aim of the paper is to present the results of an attitudinal survey of professionals employed in the field of justice and social welfare in the Republic of Serbia on the provisions of the special measures to prevent the commission of crimes of sexual abuse against juveniles and the establishment of the register of sex offenders. Trends in high-risk sexual behaviors among general population groups in China: a systematic review. The objective of this review was to investigate whether Chinese population groups that do not belong to classical high risk groups show an increasing trend of engaging in high-risk sexual behaviors.
We included observational studies that focused on population groups other than commercial sex workers CSWs and their clients, and men who have sex with men MSM and quantitatively reported one of the following indicators of recent high-risk sexual behavior: premarital sex, commercial sex, multiple sex partners, condom use or sexually transmitted infections STIs. We used generalized linear mixed model to examine the time trend in engaging in high-risk sexual behaviors.
We included observational studies involving , participants: 55 studies reported on floating populations, 73 on college students and 46 on other groups i. From the generalized linear mixed model, no significant trends in engaging in high-risk sexual behaviors were identified in the three population groups.
Sexual risk behaviors among certain general population groups have not increased substantially. Because the studied population groups are not necessarily representative of the general population, the outcomes found may not reflect those of the general population. To identify factors associated with high risk sexual practices among men who have sex with men MSM in Spain. Unprotected anal intercourse UAI with a partner of unknown or discordant HIV status in the past year was defined as a high risk sexual behaviour. Of the 13, participants, Factors associated with high risk UAI vary by type of sexual partner e.
These must be taken into account when planning strategies for primary and secondary prevention. Response inhibition and impulsive decision-making in sexual offenders against children. Current theories view impulsivity as an important factor in the explanation of sexual offending. While impulsivity itself is a multidimensional construct, response inhibition and impulsive decision-making are frequently discussed subcomponents.
Impulsivity in sexual offenders could be triggered by sexual cues with high emotional significance. The present study compared response inhibition abilities and the degree of impulsive decision-making between 63 child sexual abusers and 63 nonoffending controls. Furthermore, decision-making was especially impaired by the presence of child images in child sexual abusers with more intense pedophilic sexual interests.
In contrast, in the nonoffending controls the presence of preferred sexual cues pictures of women improved decision-making performance. No differences in overall GDT performance were found between the groups; however, child sexual abusers chose the riskiest option more frequently than nonoffending controls. In line with theoretical assumptions about the processes underlying sexual offending , child sexual abusers show more deficits in neuropsychological functioning, which may be related to more impulsive behaviors.
These impairments could be triggered by the presence of sexually relevant cues. Interpreting child sexual abuse: Empathy and offense-supportive cognitions among child sex offenders. Researchers have suggested that child sex offenders hold distorted views on social interactions with children. It is further suggested that the interpretation process is influenced by.
An analysis of decision making and criminal outcomes in sexual offenders. In , Clarke and Cornish proposed the rational choice framework to study criminal decision making. According to their approach, decisions of a criminal nature are not different than any other type of decision, and are thus orientated toward the satisfaction of commonplace needs. We adopted this approach and looked at a sample of male sexual offenders as decision makers, framing their sexually coercive decisions as means to obtain desired outcomes.
Clarke and Cornish specifically propos Emotional congruence with children and sexual offending against children: a meta-analytic review. Emotional congruence with children is an exaggerated affective and cognitive affiliation with children that is posited to be involved in the initiation and maintenance of sexual offending against children. The current meta-analysis examined the relationship between emotional congruence with children and sexual offending against children, sexual recidivism, and change following sexual offender treatment.
A systematic literature review of online academic databases, conference proceedings, governmental agency websites, and article, book chapter, and book reference lists was performed. Thirty studies on emotional congruence with children in sexual offenders against children SOC were included in a random-effects meta-analysis.
In contrast, intrafamilial SOC evidenced less emotional congruence with children than many of the non-SOC comparison groups. Higher levels of emotional congruence with children were associated with moderately higher rates of sexual recidivism. Emotional congruence with children is a characteristic of extrafamilial SOC, is moderately predictive of sexual recidivism, and is potentially amenable through treatment efforts. Home screening for sexually transmitted diseases in high-risk young women: randomised controlled trial.
AIM: To determine whether offering repeated home screening tests would increase the rate of testing for chlamydia and gonorrhoea in a high-risk sample of young women. Reproductive health education and sexual risk among high-risk female adolescents and young adults. The objective of this study was to explore the associations of sources, content, and timing of reproductive health education with cognitive and behavioral sexual risk in a sample of high-risk female adolescents and young adults.
Dependent variables included sexual risk knowledge; condom attitudes, negotiation skills, and use consistent and at last sex ; and number of sexual partners. Girls with a parental source of education and those receiving formal instruction on pregnancy reported greater ability to negotiate condom use. Girls who received education later in relation to the onset of sexual activity and those with a parental source of education reported more sexual partners. Early reproductive health education and education from both parental and formal sources is associated with reduced sexual risk among high-risk adolescent girls.
Interestingly, receiving parental education is also associated with more sexual partners, suggesting that parental educational efforts may be reactive to their daughters' increasing sexual risk behavior. Future research should examine multiple sources of reproductive health education and the timing of education from these sources to enhance understanding the dynamic interactions between reproductive health education and adolescent sexual risk. Original research: online social networking patterns among adolescents, young adults, and sexual offenders. The use of online social networks like Facebook continues to increase rapidly among all age groups and segments of our society, presenting new opportunities for the exchange of sexual information as well as for potentially unsafe encounters between predators and the vulnerable or young.
This study surveyed middle school, high school, and college-age students, as well as sexual offenders , regarding their use of social networking sites in order to provide information to better focus education and prevention efforts from nurses and other health care providers. Written questionnaires asking about various characteristics of participants' use of social networking sites were distributed to each group and filled out by middle school students, 2, high school students, 1, students drawn from five traditional four-year colleges, and adults who had committed either an Internet sexual offense or a hands-on sexual offense in some cases both.
The use of the Internet presents. Adolescent sexual activity and the resulting pregnancy and transmission of sexually transmitted diseases have been on the rise during the past several decades. This chapter addresses each of the three objectives regarding sexual behavior outlined in the Healthy People initiative. Background data and trends in adolescent sexual behavior are…. Murderers' and sexual offenders ' experiences of police interviews and their inclination to admit or deny crimes. This research concerns murderers' and sexual offenders ' experiences of Swedish police interviews and their attitudes towards allegations of these serious crimes.
The explorative study is based on a questionnaire answered by 83 men convicted of murder or sexual offences. Results show that when police officers interview murderers and sexual offenders , the individuals perceive attitudes that are characterized by either dominance or humanity. Logistic regression shows that police interviews marked by dominance are mainly associated with a higher proportion of denials, whereas an approach marked by humanity is associated with admissions.
When suspects feel that they are respected and acknowledged, they probably gain more confidence and mental space, allowing them to admit criminal behaviour. The assessment and treatment of emotional variables is a priority in the rehabilitation of offenders. Although theoretical proposals suggest a clear relationship between violence and self-esteem, attachment, and empathy, the research carried out to date has reached contradictory results due mainly to differences in the measurements used, the reliability of self-reports, or even to problems with the definition of the constructs.
Results confirmed the low utility of nonspecific empathy, the predominance of high self-esteem, and the difficulty of identifying an insecure attachment. The implications of the use of these variables in the treatment of offenders , and the need to improve the assessment tools, are discussed.
Gray matter anomalies in pedophiles with and without a history of child sexual offending. Pedophilia is a psychiatric disorder that is inter-related with but distinct from child sexual offending CSO. Neural alterations reportedly contribute to both pedophilia and CSO, but until now, no study has distinguished the brain structural anomalies associated with pedophilia from those specifically associated with CSO in pedophilic men.
Using high-resolution T1-weighted brain images and voxel-based morphometry, we analyzed the gray matter GM volume of the following men recruited at four acquisition sites in Germany: 58 pedophiles with a history of CSO, 60 pedophiles without any history of CSO and non-pedophilic, non- offending controls to control for the effects of age, education level, verbal IQ, sexual orientation and the acquisition site.
Although there were no differences in the relative GM volume of the brain specifically associated with pedophilia, statistical parametric maps revealed a highly significant and CSO-related pattern of above vs below the 'normal' GM volume in the right temporal pole, with non- offending pedophiles exhibiting larger volumes than offending pedophiles. Moreover, regression analysis revealed that the lower GM volume of the dorsomedial prefrontal or anterior cingulate cortex was associated with a higher risk of re- offending in pedophilic child molesters.
We believe our data provide the first evidence that CSO in pedophilia rather than pedophilia alone is associated with GM anomalies and thus shed new light on the results of previous studies on this topic. These results indicate the need for new neurobehavioral theories on pedophilia and CSO and may be potentially useful for treatment or prevention approaches that aim to reduce the risk of re offending in pedophilia. Reducing sexual risk behavior among high-risk couples in Northern India.
With a population of 1. This study sought to assess the feasibility of conducting a group, culturally tailored behavioral intervention and its impact on sexual barrier use, self-efficacy, knowledge, conflict resolution, and coping among high-risk heterosexual couples in Northern India. Thirty sexually active high-risk couples were drawn from a convenience sample of PGIMER patients attending infectious disease and family planning clinics. Couples participated in 1 month of three weekly gender-concordant behavioral intervention groups and were individually administered assessments preintervention and post-intervention.
The participants had a mean age of 32 years men and 29 years women , and the majority had at least 10 years of education. At baseline, the majority reported inconsistent condom use knowledge, and women increased their use of positive coping tactics. The results highlight the potential to successfully utilize a group intervention to discuss sensitive issues such as sexual risk behavior among both men and women.
Strategies to improve condom use and communication without increasing intimate partner violence in high-risk couples may be an important adjunct to preventing the development of a generalized epidemic in India. Sexting behaviors among young Hispanic women: incidence and association with other high-risk sexual behaviors. Several legal cases in the United States in which adolescents were charged with child pornography distribution after sharing nude photographs of themselves with romantic partners or others have highlighted the issue of sexting behaviors among youth.
Although policy makers, mental health workers, educators and parents have all expressed concern regarding the potential harm of sexting behaviors, little to no research has examined this phenomenon empirically. The current study presents some preliminary data on the incidence of sexting behavior and associated high risk sexual behaviors in a sample of predominantly Hispanic young women age Sexting behaviors were not associated with most other high-risk sexual behaviors, but were slightly more common in women who found sex to be highly pleasurable or who displayed histrionic personality traits.
In the United States, electronic monitoring EM and global positioning systems GPS are new applications that are used to extensively monitor and track convicted sex offenders. What is unclear though are public perceptions of this strategy. Findings suggest that public perceptions of effectiveness are partially driven by myths and also that parents are unsure of this strategy.
Implications of the study and areas for future research are discussed in light of the findings. The use of cyproterone acetate in a forensic psychiatric cohort of male sex offenders and its associations with sexual activity and sexual functioning. Full Text Available Background: Cyproterone acetate CPA is a steroidal anti-androgenic medication used in the field of psychiatry for the treatment of paraphilic disorders, hypersexuality, and inappropriate sexual behaviour which may be present in patients with disorders such as mild and major neurocognitive disorders. In the forensic psychiatric population, it is prescribed for these indications especially for patients with a history of committing a sexual offence or who are at moderate to high risk of recidivism.
Objectives: To investigate the use of CPA in a forensic psychiatric cohort of male sex offenders and its associations with sexual activity and sexual functioning. Methods: Seventy-six forensic psychiatric patients from Weskoppies Hospital in Pretoria, South Africa, participated in the study which measured their sexual functioning. A specifically designed questionnaire was used to capture relevant background information. The use of CPA was studied. Relevant statistical analyses were performed.
Results: Thirteen out of the 76 participants were being treated with CPA In total, More notable is that the use of CPA in this population was associated with lower levels of desire, frequency of and pleasure from sexual activity. There was an association between having intellectual disability and being treated with CPA. Conclusion: That all the participants were being treated with psychotropic medication could account for. Restorative justice for sexual violence: repairing victims, building community, and holding offenders accountable. Problems in criminal justice system response to date and acquaintance rape, and the nonpenetration sexual offenses are identified: 1 these crimes are often markers of a career of sexual offense, yet they are widely viewed as minor; 2 perpetrators of these crimes are now held accountable in ways that reduce their future threat of sex offending ; and 3 current criminal justice response to these crimes disappoints and traumatizes victims and families.
In response to these identified problems, we are implementing and evaluating RESTORE, an innovative victim-driven, community-based restorative justice program. Restorative justice views crime as harm for which the person responsible must be held accountable in meaningful ways. RESTORE uses a community conference to involve the victim, offender , and both parties' family and friends in a face-to-face dialogue directed at identifying the harm, and developing a plan for repair, rehabilitation, and reintegration into the community. Educator sexual misconduct has received increasing attention over the past decade.
The attention has exposed a number of concerning issues, including a lack of formal research in the area and difficulties in recognizing and prosecuting cases. Public responses to high profile cases of sexual misconduct involving female teachers suggest that…. Using high-resolution T1-weighted brain images and voxel-based morphometry, we analyzed the gray matter GM volume of the following men recruited at The Forensic Therapeutic Outpatient Clinic FTA in Berlin targets the professional aftercare treatment of classified high-risk violent and sexual offenders released from prison or forensic psychiatric hospitals.
The focus of the study was on recidivism measured by complaints received by police departments during the follow-up period. Sexual recidivism occurred significantly later in the case of released offenders with aftercare treatment compared to those without. Individually adapted measures should be maintained after finishing aftercare treatment; however, because prisoners released from prison are frequently less prepared than patients from forensic psychiatric hospitals, the therapeutic work often reaches its limits in these cases.
Therefore, social work should be taken into account right from the start. Psychopathology and personality in juvenile sexual homicide offenders. This project describes the psychopathology and personality findings in 14 juveniles who committed sexual homicide. These incarcerated youth were assessed using a structured interview, a personality assessment instrument, correctional files review, and an author-designed clinical interview. The presence of personality disorders and moderately high psychopathy scores at follow-up were common. Two-thirds of these youth reported the presence of violent sexual fantasies before their crimes.
Weapons, most often knives, were used by these juvenile sexual murderers to kill known victims in a majority of the cases. They usually acted alone and selected a low risk victim. These findings suggest that juvenile sexual murderers are an emotionally and behaviorally disturbed population with identifiable psychopathology, personality disturbances, and criminal patterns. High functioning autism disorder: marital relationships and sexual offending.
Married for over 4 years with a woman diagnosed with histrionic personality disorder HPD, he asked for her to accompany him in the sessions and help him describe difficulties they had during sexual intercourse. His wife reported feeling raped in all of her sexual relations with the patient, especially when he could not understand that she did not want sex. Comments The case study leads us to believe that the social and communicative disability is a complicating factor that can contributes to the occurrence of sexual abuse in marital relationships with individuals with ASD.
Social skills training, psychotherapy, and traditional medical therapies should be considered to minimize the risk of occurrence of cases of sexual abuse by individuals with high-functioning ASD against the spouses themselves. Finally, we investigate the impact of situational factors on affective states. Method: The sample consisted of a total of adult males who had been convicted of a sexual offense. Self-report data on sexual crime events were collected Email: b.
Results: Findings show large variations in affective states before Previously deported aliens are a group about which numerous claims are made but very few facts are known. Using data on male deportable aliens released from a local jail, the study sought to test the ubiquitous claim that they pose a high risk of recidivism. Using multiple measures of recidivism and propensity score weighting to account for….
Bystander's willingness to report theft, physical assault, and sexual assault: the impact of gender, anonymity, and relationship with the offender. Twelve original vignettes varied anonymity when reporting, bystander's relationship with the offender friend or stranger , and crime type. A factorial analysis of variance showed that main effects were found for crime type, bystander's gender, and bystander's relationship with the offender ; anonymity was not significant. When this happens, the United States ceases to be a truly representative democracy, and many voters are left with their fundamental rights to vote and associate abridged.
These voting systems allow voters the opportunity to rank candidates, with their vote automatically going to the candidate who stands the best chance of winning. Only then will the United States have a truly representative democracy, increased voter turnout, and guaranteed fundamental rights for voters. American consumers seldom contemplate whether the ingredients in their shampoo or other personal care products are poisoning them.
Most erroneously believe some government entity, such as the Food and Drug Administration FDA , regulates the ingredients these products may contain, and thus assume they are safe. The alarming reality is that the FDA lacks the authority to regulate ingredients or issue an independent recall. To date, all modern congressional attempts to effectively regulate our exposure to toxic chemical ingredients have failed. And existing legislation, passed in , does little to address modern manufacturing trends. And if the function of government is not at its very core to protect public welfare—then what is?
Pending legislation, which has received bipartisan support, would grant the FDA authority to regulate permissible ingredients, conduct limited pre-market surveillance of ingredients, and issue an independent recall. This analysis, however, goes beyond the need for new regulations. In addition to implementing pending legislation, Congress should look to the European Union EU laws and adopt additional safeguards.
Similar to the EU, it is essential that the FDA be granted authority to reevaluate and update permissible ingredients on a rolling basis. For the first time since , Congress must take action to protect American consumers from the hazardous chemical exposure that occurs during a seemingly safe part of their daily routines. This Article introduces a collection of articles presented as part of the Drexel University Law Review symposium on the twentieth anniversary of the Illegal Immigration Reform and Immigrant Responsibility Act of This Article reflects upon the political contestation that led to the enactment of the Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act, contextualizing the anti-immigration backlash and debates.
Further, this Article discusses some of the ways in which immigration advocates sought to respond to that backlash, sometimes controversially. Finally, the Article considers lessons to be learned for contemporary discussions over immigration reform, highlighting the changing political landscape and available paths through which advocates might successfully achieve fair and meaningful immigration reform. Twenty-one years ago, in direct response to an attack perpetrated by Timothy McVeigh, a U. These laws generated three important shifts in immigration law and policy by radically expanding grounds for deportability while shrinking paths to deportation relief, creating a substantial role for sub-federal governmental entities in immigration investigation and enforcement, and rendering lawful permanent resident status more precarious.
Simultaneously, Congress prompted the ad hoc creation of a host of liminal legal statuses bestowed by Executive Branch officials seeking to moderate the harsh effects of the laws. The laws significantly expanded the reach of the carceral state, particularly with respect to foreign nationals, while simultaneously kneecapping federal and state social support for immigrants. In short, the legal regime established in ushered in a new era of immigration severity and the resulting enforcement policies soon followed the path laid out in the misguided criminal enforcement policies of the wars on crime and drugs.
Like the sweeping crime bills that had preceded them, the laws generated a highly racialized system of enforcement purportedly justified by crime control imperatives. Like those earlier laws, the laws have had little measurable impact on public safety, even as they have normalized vast systems of carceral control over immigrant communities.
By systemically promoting a narrative that equated immigrants and crime, these laws laid the groundwork for the ultimate electoral triumph of Donald J. Trump in the presidential election of The U. Supreme Court lacks a jurisprudence for when courts should defer to immigration agency interpretations of civil removal statutes that involve criminal law terms or otherwise require analysis of criminal law. This Article represents a first step toward such a jurisprudence, arguing for an expansive principle of nondeference in cases involving ambiguity in the scope of crime-based removal statutes.
The zone of nondeference includes not only statutes like the aggravated felony provision that have both civil and criminal application, but all removal grounds premised on a crime. The animating principles of Chevron U. Natural Resources Defense Council, Inc. Both abused female and male spouses are able to receive immigration benefits under VAWA, as well as spouses in same-sex marriages. By comparing public benefits access for categories of immigrants, such as survivors of domestic violence, trafficking, and those who obtained asylum protection, this Article will advocate for reforms at the federal, state, and local level to increase access to food security for vulnerable groups.
Immigration law is in need of relief. Among the many problems affecting immigration law is the lack of respite from removal. The removal grounds—the characteristics and acts that render someone removable from the United States—are extremely broad and rigid. The only available penalty is removal. There is little proportionality in immigration law and qualifying for respite once one is determined to be removable is very difficult.
This Article explores the lack of relief from removal in immigration law and shows how its stingy availability sheds light on other, broader problems afflicting immigration law. The current state of relief from removal helps to understand the conflicting signals of immigration law, the dysfunction of the immigration adjudication system, and the role of sovereignty in immigration law.
This Article is a part of a symposium on the twentieth anniversary of the Illegal Immigration Reform and Immigrant Responsibility Act of For the past few decades, undocumented children have arrived at the United States border in growing numbers. While the federal government typically holds the exclusive power to rule on immigration-related matters, SIJS is unique. In effect, the success of an SIJS applicant depends not on the merits of her claim, but rather on the jurisdiction she happens to land in.
Wearable devices collect an unprecedented amount of information from the most private facet of our lives—our bodies. As the technology grows, so too do concerns about protecting the privacy of the massive amounts of data collected. This Note presents the existing regulatory framework protecting data privacy, reviews the role of regulatory agencies, and ultimately exposes the gap between the protection of certain types of sensitive data and the lack of protection for all other data collected from the body through wearable devices.
Incorporating these fundamental principles will raise the privacy bar through industry standards and protect against potential onerous con-sequences in a global industry with rapidly evolving regulation. This came in response to persistent calls for improvements in the operating efficiency of the federal courts. De-spite statutory language and legislative history placing significant restrictions on the duties that magistrates can perform in felony cases, courts have given approval to magistrates handling certain tasks, e.
This Note addresses the duty of acceptance of felony guilty pleas and examines whether the majority trend in the circuit courts of allowing magistrates to perform such a duty should be permitted under the Federal Magistrates Act. As has been true for some time, fossil fuels mean big profits. The effects of these profits have been felt across the country—fracking is responsible for lower gas prices and drilling is taking place in regions that were previously untapped. But these profits do not come without a price—fossil fuel extraction also means big environmental concerns.
While oil companies minimize or deny the environmental effects of fracking, water and air contamination, health effects, and the impending threat of climate change are all difficult concerns to ignore. Concerned about these dangers, municipalities across the country have enacted ordinances banning fracking within their borders. In response, statutes that preempt these bans, and thereby require towns to permit fracking within their borders, have emerged as a recent trend in state-level legislation.
This Note considers the environmental costs and economic benefits of fracking and examines the trends in legislation and litigation regarding municipal fracking bans. Using this background, this Note asks whether state statutes preempting local fracking bans make sense in the context of prevailing environmental preemption theories. This Note concludes by establishing that, while the prevailing theories tend to support state regulation of the technical aspects of fracking, these theories in no way support state preemption of local bans based on traditional land use considerations.
Specifically, municipalities should be able to ban fracking when the decision is based on how it will affect the character and nature of a town. For example, a municipality that depends on tourism arising from its pristine natural resources, such as trout streams and forests, should not be compelled by a state-level law to permit an activity that could put its resources and the local economy in jeopardy.
Based on this experience, the authors discuss how the allocation of fees in Vioxx provides lessons in how not to manage a common benefit fund. This Article first reviews the Vioxx litigation and the basic principles of common benefit fee allocation, including the lodestar approach.
This Article reviews a deal between insiders and certain law firms that resulted in an unauthorized distribution from the settlement fund to resolve objections over the size of the Vioxx common benefit fund. It concludes that Multidistrict Litigation judges should closely supervise the actions of court-appointed counsel to make sure that decisions around the size and distribution of common-benefit funds are transparent, jurisprudentially sound, and fundamentally fair.
This goal is intuitive and meets very few objections. This Article charts how the former two approaches mirror broader legal discussions regarding how the concept of dignity undergirds constitutional rights. In the constitutional law context, dignity appropriately operates as a background value because it is not specifically codified in the Constitution: it is an unspoken value that helps give meaning and context to other specifically enumerated rights. In these instances, courts should not limit dignity to a purely background interpretive role. Rather, this Article contends that dignity should function as a substantive right whereby it has the power to identify a broad spectrum of treatment for victims to ensure they are not dishonored in the criminal justice process.
Religious institutions are allowed to fire and hire employees based on religious preference. For example, a Catholic high school may refuse to hire any non-Catholics. Or, that same high school may fire an unwed pregnant mother. But what happens when the discrimination constitutes both religious and sex discrimination?
But there has to be some inquiry, or else it risks violating the Establishment Clause by granting preferential treatment to religious institutions. This Article explores those questions and offers some solutions for courts to evaluate these types of mixed claims. The art of contract interpretation involves determining the meaning of an agreement. Often, courts must determine whether a particular term is reasonably susceptible to more than one meaning, and if so, they engage in the process of disambiguating the term.
This Note advocates for the admission of cultural extrinsic evidence to both create ambiguity and resolve ambiguity. This method of cultural contract interpretation provides the greatest opportunity to recognize cultural conflicts within ambiguous terms and thus avoids blindly engaging in cultural compulsion. Shopping malls in the United States are filled with fashion apparel and accessories, attracting millions of consumers who spend billions of dollars each year.
The corporate action required to meet these rigorous standards of certification marks used to label products will help eradicate labor problems and create transparency in the supply chains. The use of trademark law to help solve international human rights violations is not a topic covered extensively in scholarly writing.
Child labor and sweatshops are problems that have existed for more than a hundred years. There are many articles on the causes of child labor and sweatshops, but the search for a feasible and effective solution continues. The United States is a first world country, yet because the fashion industry contracts with factories that use child labor and sweatshops, it remains one of the top violators of international labor standards. This Note proffers an effective solution that aims at the heart of these companies: their brand, which is one of their most valuable assets, and their customers, whose perception of the brand largely determines that value.
The use of certification marks—which are established and enforced by a third-party organization—on apparel to certify the conditions under which the product was made would improve the lives and communities of factory workers, and provide transparency to consumers. The use of certification marks requires collaborative involvement from every stakeholder, from workers and consumers, to manufacturers and retailers.
This Note proposes an achievable solution to a problem that has long faced our society. For the past thirty years, the federal nursing home regulatory scheme has suffered from being predominantly self-regulating and self-reporting. Recommendations for reforms have focused on increased surveillance of nursing home staff and residents without addressing the need to tailor nursing home requirements or quality of care metrics to the growing population of residents with dementia.
Proponents of person-centered care dementia reform have failed to acknowledge that the approach must co-exist with the surveillance quo, at least during its initial acceptance and adoption by federally funded nursing facilities. Individuals who seek asylum and refugee protection are forced to compress the oppression they have suffered into narrow categories of sanctuary within the modern jurisprudence.
Victims of harm based on sex and gender face a near-vertical uphill battle in seeking refuge and are frequently neglected by the law. Scholars that have broached the subject frequently speak in limited terms of domestic violence faced by women. Sex and gender-based persecution, however, is not confined only to those categories of harm and victims.
Recent adjudications, like Matter of A-R-C-G-, have granted shelter to certain victims of domestic violence, but leave other victims without an avenue to relief. Only then will the law be able to provide consistent and adequate protection to victims of the myriad forms of sex and gender-based persecution.
A broader approach is needed to encapsulate all noncitizens at risk for sexual violence, regardless of sex or marital status. The experiences of other nations, which have expanded asylum protection to sufferers of sex and gender violence, offer encouraging examples. Revising asylum law and policy is the next step in protecting not only married women, but all people who have faced sexual violence or violence rooted in gender. It was never: Should we imprison at all? Is there any efficacy to imprisonment beyond a few years to deter crime?
Is there a category of offenders for which imprisonment and more imprisonment should not be the only response? Typically, we conceive of preliminary relief as a shield from liability for sanctions triggered by noncompliance with the law during the period when the preliminary injunctive relief was in effect.
But is that true? The answer is uncertain. In one case, Edgar v. MITE Corp. Leading academics have raised the question and noted that the Court has yet to provide an answer. The question is difficult because it implicates the separation of powers, federalism, and due process of law. The answer is vitally important to private citizens who challenge governmental action because their liberty and property are at stake—and the stakes can be very high.
I argue that a preliminary injunction must serve as a defense to liability, and I address concerns raised by that conclusion. Historically in the United States, the police have been organized as a publicly accountable, rule of law institution. In theory, this has meant that police engage in partnership with the public to set crime prevention and public safety goals. This increasingly coercive brand of policing has, in many communities, resulted in a loss of legitimacy and cooperation and caused the police to be viewed as something akin to an environmental hazard—i.
Research in community health often shows structural disadvantage to be among the strongest covariates of health behaviors, often as a result of the social isolation that accompanies severe and sustained systemic resource deprivation. Criminology and justice researchers have documented the col-lateral effects of aggressive arrest strategies e. This study integrates these research traditions to examine the extent to which aggressive drug enforcement was associated with decreased prenatal care utilization among pregnant women residing in communities across the District of Columbia.
The study combined data from the Department of Health, U. In response, industry representatives, privacy advocates, and policymakers scrambled to put appropriate measures in place. This Article takes a broader perspective and contributes to the debate by demonstrating how FERPA and Fair Information Practice Principle FIPPs -based standards cannot provide the control, meaningful oversight, or sufficiently concrete standards sought by stakeholders.
Despite having default provisions based on FIPPs and the primary purpose of providing individuals with individual control over their own data, FERPA actually delegates most decision-making regarding student privacy to educational institutions due to broad exceptions, unspecific requirements, and the U. It provides minimal transparency, oversight, or direct accountability, which creates a regulatory regime based primarily on institutional, not individual, privacy management.
This deference is particularly evident in the school official exception that governs the bulk of information flow from schools to outside service providers. In theory, schools must approve disclosure to outside parties and, in doing so, ensure information is only shared with outside parties to serve legitimate educational interests. In practice, the automatic collection of information by digital platforms means that student data disclosures routinely occur without thoughtful oversight. In addition, laws based on FIPPs are particularly problematic in education, where compulsory attendance and institutional decision-making makes reliance upon notice and consent neither meaningful nor effective.
Even in a world with perfectly-informed voluntary consent, privacy self-management models may be impractical and undermine the pedagogical goals, decentralized political authority, and broader philosophical goals of the education context. Policymakers should stop trying to use a spending clause statute designed to govern educational actors as a means to regulate outside data recipients indirectly. FERPA responded to fears that ad hoc and thoughtless disclosure of education records would unfairly foreclose future opportunities.
See Press Release, Sen. Week Apr. Post Mar. Molnar, supra note 2. Issues involving the appropriate regulatory body to impose constraints on student information flow must be addressed, but are beyond the scope of this Article. With incarceration rates at an all-time high and over-criminalization rampant, there is a growing need for programs aimed at rehabilitating ex-offenders following release from prison.
These programs are critical to com-batting the collateral consequences associated with imprisonment. Perhaps the most significant of those collateral consequences ex-offenders face are housing and employment. There is a growing trend toward combating collateral consequences and assisting ex-offenders in successfully rehabilitating following release from prison through a collaboration between courts and correctional institutions. Specifically, local, state, and federal reentry courts are cropping up throughout the country with the goal of assisting ex-offenders in securing housing and employment, and addressing additional issues ex-offenders face following reentry into the community.
Because the high degree of discretion may render inconsistent and unpredictable results, the standard has been widely criticized. In the past half century, federal sentencing has undergone similar scrutiny. Several states have explored limiting judicial discretion in the area of parenting time by a mechanism appropriate for comparison to the federal sentencing guidelines—parenting time guidelines. This Article advocates rejection of parenting time guidelines. This Article makes its case by applying observations regarding the evolution of federal sentencing guidelines to the concept of parenting time guidelines.
Federal sentencing guidelines came with a sacrifice of the purposes of punish-ment, and parenting time guidelines will come with a sacrifice to the best interest of some children. The decision in Boumediene v. Bush, U. But the larger issue of constitutional rights for NRAs remains unresolved. Do NRAs outside of Guantanamo have constitutional rights? If so, do they enjoy substantial protections, such as those under the Fourth and Fifth Amendments? I argue here that the doctrine remains unclear, that the text is likewise unclear, that originalist arguments should carry little force, but that the normative argument is clear.
As a condition of the legitimacy of U. Land use regulation is typically viewed as passive; projects proceed when criteria established under ordinances are satisfied, but are delayed or scuttled when parameters of codes are unmet. Insufficient attention is directed by local governments to the economic ramifications of those events. How should land use regulators perform when their communities are economically deprived—or their employment opportunities have been compromised?
Too many first suburbs are in decline, their citizens dismayed or angered about their futures. This Article describes how their local land use administrations, partnering with developers and citizens, must refocus on revitalizing inner-ring neighborhoods physically to grow job opportunities, by deploying familiar and novel land use governing and related collaborative strategies. At the same time, interest in the Central Arctic Ocean for fishing, transportation, tourism, and oil and gas exploration is increasing.
An increase in these activities will diminish the capacity of Arctic living marine resources, including fish, to respond to the environmental changes caused by climate change. Because the resiliency of Arctic fisheries will be diminished, and because these fisheries have economic, cultural, and ecolog-ical significance for Arctic nations, there is a need for an Arctic fisheries management framework that is adaptable enough to accommodate the con-siderable degree of uncertainty intrinsic to the rapidly changing Arctic.
This Note considers whether existing international law can provide a framework that is sufficiently flexible to respond to rapid, non-linear changes, and sufficiently comprehensive to adequately protect fisheries that are made vulnerable by the direct and indirect effects of climate change. This Note introduces the unique climate change issues facing the Arctic, as well as the existing international legal framework for Arctic fisheries. Every day, millions of Americans take generic prescription drugs, not thinking once about what their legal options would be should taking those drugs result in injuries.
Unbeknownst to them, due to very recent developments in the law, in all but a few jurisdictions consumers are totally powerless to recover if they are hurt after taking generic drugs. While it is true that generic and brand-name drugs are identical in terms of bioequivalence and therapeutic effect, they are not identical in one crucial, but underappreciated, regard: the possibility of recourse if taking generic drugs results in injuries and the consumers want to recover under failure to warn or design defect claims.
Starting with a Supreme Court decision in , case law has made it clear that in these situations, neither the generic nor the brand-name manufacturers of the drugs are liable, thus leaving consumers entirely without recourse. This Note examines the history of the FDA and drug regulation, the federal laws and cases that make up the current regulatory landscape, and state generic substitution laws. This Note then identifies a problem that goes largely undiscussed: because recent Supreme Court decisions have made it so consumers are powerless to recover for injuries sustained after taking generic drugs, which generic substitution laws effectively forced upon them, those laws should change to reflect the needs of consumers.
This Note then suggests solutions to this problem, including a call for consumers to petition their legislatures to change generic substitution laws to be more favorable to consumers, and a challenge to the constitutionality of the laws.
Log in to Wiley Online Library
Over the past two decades, the Bureau of Alcohol, Tobacco, Firearms, and Explosives "ATF" has helped convict hundreds of individuals by enticing them to commit fictional crimes. These operations, known as "stash house stings," involve the recruitment by undercover agents of suspects to rob a residential house containing large amounts of drugs and money. Moreover, while the stash house stings draw close to entrapment, in most cases an entrapment defense is unavailable because courts consider willingness to commit the robbery as evidence of predisposition.
In recent years, however, an alternative defense has begun to take hold. The Supreme Court, despite its creation of the defense, has failed to establish a set of guidelines for lower courts to use in determining what conduct of law enforcement would be so "outrageous" as to warrant dismissal of an indictment. Accordingly, application of the defense in the lower courts has been unclear. In a series of recent cases arising out of ATF stash house sting indictments, the Ninth Circuit became the first appellate court in the country to specifically identify a set of factors to be used in evaluating a claim of outrageous government conduct.
This Note examines infrastructure concerns pertaining to oil and natural gas operations in Pennsylvania. Beginning with the General Assembly's enactment of Act 13 in , this Note details the subsequent development of regulatory oversight applicable to these operations. This Note examines how these regulations apply to oil and natural gas pipelines. It provides a holistic examination of Act 13 and the comprehensive exemptions from local zoning law the Act extended to oil and gas operations.
It then explains the reasons the Act's broad zoning mandates were held unconstitutional under the Environmental Rights Amendment in the Pennsylvania Supreme Court's Robinson Township v. Commonwealth decision. This Note argues that exempting these same operations under Pennsylvania's Public Utility Code is not unconstitutional. The Assembly Clause of the First Amendment of the United States Constitution was created to protect what early Americans saw as a fundamental right at the heart of what it meant to be a free and democratic society. Throughout the eighteenth and nineteenth centuries, public assemblies played an integral part in American politics and society.
These assemblies varied between planned and organic, controlled and chaotic. Whatever characteristics could be attributed to any particular assembly, they were all protected by the Assembly Clause, both in the eyes of law enforcement and the judiciary. Over the last century, however, the right of assembly has taken a back seat to safety concerns and a desire to maintain the status quo.
This Note contends that the militarization of police has created an at-mosphere that is inherently at odds with the freedoms guaranteed by the Constitution. To rectify the mistakes of the past, the Note advocates for three different approaches to the problem. First, it advocates for judicial review of the constitutionality of the current model of police-protester interaction during public assemblies and the modern judicial interpretation of the Assembly Clause. Second, it advocates for an introduction of legislation that would first cease the flow of weapons and training from the military to local police forces and then reverse this failed experiment altogether.
Third, this note suggests a rethinking of how police interact with the communities they are called to serve and protect, suggesting that the community policing model best balances the need for maintaining safe communities while still protecting individual freedoms. In this article, I present a practical critique of the civil jury system, specifically the theory and practice. I propose to diagnose inherent problems in the expert witness Rules — of the Federal Rules of Evidence.
This article will address the unintended and unanticipated consequences of the expert witness revolution brought about by the Federal Rules of Evidence. This article describes the current application of res ipsa in Pennsylvania, focusing particularly on medical malpractice cases. The long-standing tension in Pennsylvania inherent in the competing policies promoting the truth-determining process and protecting attorney work product from discovery has finally reached resolution with regard to expert communications. Pennsylvania has turned back the clock to protecting the disclosure of attorney-expert communications by creating a bright-line rule prohibiting disclosure of those communications under Barrick v.
Although the expert discovery fishing expedition is now over, the rule does not create a complete bar to questioning experts about some of their interactions with attorneys for impeachment purposes. Proper cross-examination is still available even with the new protections under Barrick and Pennsylvania Rule of Civil Procedure In this Article, I discuss the question of Lon L.
Second, I claim that the formal desiderata can be viewed as both inclusion conditions by which, per Fuller, law can be identified, and as standards by which law so identified may be judged. In other words, the rule of law for Fuller is not merely a set of standards but is also part of his concept of law in that a certain threshold compliance with the rule of law is necessary for a form of social ordering to qualify as law at all.
Europe has recognized a fundamental right to be forgotten. The argument below will rely on a pragmatic sense of the inevitable basic problems in implementing such a right. This article examines one of the most important ethical tensions that arise in legal writing—zealous advocacy versus candor to the tribunal— and explores how to educate, sensitize, and train young lawyers so that they may effectively navigate the boundaries of this conflict. Although this tension is manifested in a myriad of choices legal writers make, ethical issues arising in the context of written documents are generally not discussed in law school.
Consequently, a law student may graduate with no appreciation for the complexities of ethical issues that arise in legal writing and without the tools to address those issues. This article concludes that legal education, specifically legal research and writing courses, must alert students to the ethical issues manifested in legal advocacy documents and provide students with the tools to draft ethical and effective legal arguments. In the landmark case of Padilla v. Kentucky, the U. Supreme Court held that a criminal defense counsel must inform a noncitizen criminal defendant of the deportation consequences of a guilty plea.
The decision was based on long-standing principles governing effective assistance of counsel and the fact that immigration law has been intimately tied to the criminal process for nearly one hundred years. Then in Chaidez v. United States, the U. Supreme Court held that the Padilla decision would not be applied retroactively to cases that were finalized before Padilla. The Court reasoned that Padilla was a new law that changed the law in many lower courts.
This article argues that the Supreme Court erred in its ruling in Chaidez. First, Padilla was not new law but old law applied to a new factual context.
Secondly, the U. Supreme Court incorrectly allowed state law to dictate their decision. The Padilla decision should apply retroactively and provide relief for thousands of defendants who were denied due process. However, because of the error in Chaidez, defendants like Roselva Chaidez—whose case was finalized one week before the Padilla decision— were denied the benefit of the Padilla decision and ultimately faced deportation. Contract scholars continue to grapple, perhaps today more than ever, with the challenge posed by proliferating standard terms in consumer contracts.
None, however, has sufficiently explored the role of narratives of agreement in furthering inequity or exacerbating existing disparities in power. This Article reveals the ways that stories of agreement themselves can be a form of power to be leveraged by firms at the expense of consumers—especially in connection with procedural contract terms. In addition, this Article shows how the stories told by courts reveal shared norms of fairness that purport to enable the possibility of agreement.
The Article thereby identifies an aspirational approach to contract that, by its own terms, seeks to further an ideal of agreement involving knowledge and deliberation. In addition, the doctrine of the duty to read, as a response to the possibility of misunderstanding the meaning of signs, makes salient the inherent function of contract law in establishing conventions of agreement and thus allocating power.
This Article argues that we cannot assess proposed interventions in the area of consumer contracting unless we consider the aspirational narrative of agreement underlying contract doctrine, as well as the substantive way and the context of power in which this narrative operates. Thus, we must also examine the ways in which stories of agreement can be leveraged by powerful parties in conversation with courts to subvert this aspiration in practice.
The Article thereby lends further support for the presumptive unenforceability of predispute-arbitration, forum selection, and unilateral-modification provisions in certain consumer contexts. More broadly, it highlights contract as the site at which the definitions of freedom and agency continue to be negotiated in America today. Without being able to identify such drivers with relative ease, the ultimate life-saving potential of these laws becomes hindered and law enforcement officers are forced to identify vehicles in other ways that may border on profiling.
To address this situation, New Jersey has become the first state in the country to require young drivers subject to the laws to display a highly visible driver identification decal on their vehicles. Yet, such decals have raised concerns beyond what these laws initially anticipated and have caused waves of protest and noncompliance over fears of teen targeting, predatory attacks, and increased profiling. Courts generally enforce conditions on inheritance; however, conditions restricting the conjugal choices of donees are sometimes held unenforceable on public policy grounds. These policies have not yet been applied to testamentary conditions in restraint of the marriage of homosexual donees.
Today, attitudes toward homosexuality are changing. At the same time, the use of incentive trusts and other conditional testamentary gifts is on the rise. Given the political trend in many jurisdictions toward treating homosexual relationships like heterosexual relationships, the resulting backlash against homosexuality, and the recent increase in the use of incentive trusts and other conditional testamentary gifts, testamentary gifts conditioned on the conjugal choices of homosexual donees are likely to become more common.
She was the PTA mom everyone knew. Who would want to harm her? - Los Angeles Times
Domestic violence continues to be a critical societal issue that requires immediate attention, affecting one in three women in her lifetime. The main domestic abuse interventions in place—mandatory arrest policies, no-drop prosecution policies, and mandatory medical reporting—are salutary in their overall effects, but leave a gap in protection after the defendant is arrested and before he or she is prosecuted.
During this time, the defendant may be free to pursue his or her victim. This Note proposes an underconsidered intervention: pretrial detention or denial of bail for serious domestic violence offenders. Research indicates that the risk of violence is greatest when the abused individual is attempting to leave an abusive partner, which is likely to occur during the gap left by mandatory arrest and mandatory prosecution policies.
Offenders have also been shown likely to violate protective orders. Bail reform could address this lethal break in protection. Several states have policies that contemplate pretrial detention for domestic violence offenders. This Note will propose legislation that provides a model for pretrial detention statutes for domestic violence offenders nationwide. Pretrial detention hearings should also be made mandatory in domestic violence cases that meet a certain number of risk factors for severe violence.
Strict application of this rule in the cruise ship context produces inequitable outcomes and creates different theories of tort liability for different populations aboard the vessel; liability is imputed to the ship owner for negligence in treating crewmembers but not when treating passengers. Consistent with agency law principles of vicarious liability, both justifications are grounded in the concept of control.
However, in light of current maritime realities in the law and the industry, the rule requires reconsideration. There are a number of deliberate mechanisms in place to prevent passengers from bringing claims against cruise ship enterprises. The law should not be an additional barrier to insulate a massive international industry at the expense of individual consumers. The Supreme Court has previously modified maritime doctrines when they are no longer justifiable and should do so here.
Congress has shown that it can correct the perpetuation of inequities and should do so here. The issue of vicarious liability for cruise ship owners is ripe for evaluation. A number of courts have recognized the deficiencies in the current regime and attempted to reconcile the rule with contemporary realities.
However, because admiralty jurisprudence places a premium on consistency and uniformity, most attempts at change are met with resistance. Thus, action by the Supreme Court or Congress is necessary to achieve a comprehensive change that reconfigures the current rule, which promotes inequitable outcomes and conflicts with other fields of law.
Ironically though, this tool spawned new financial incentives for law enforcement. The current federal and local regulations, which implement the Civil Asset Forfeiture Reform Act, take advantage of individuals by limiting their rights in proceedings and treating their property as guilty until proven innocent. Some families and individuals who fall victim to these forfeiture laws are losing their homes, money, and assets without ever being charged with a crime. This Note argues that these laws create an inherent conflict of interest, and thus inappropriately over-incentivize police officers and governments to profit from individuals because of the economic gain involved with seizing assets.
Although civil asset forfeiture laws have been scrutinized and reformed at the federal level, this Note illustrates that further reform is necessary to align the practices with constitutional standards and ideals. The American model of free speech jurisprudence is based upon the absolutist language of the First Amendment—Congress shall pass no law abridging freedom of speech.
This model is unique in the Western world and glaringly contrasts with free speech models in Britain and Canada—examples of which I have labeled the European Model. Is one model moving toward totalitarianism while pretextually asserting it is standing for human dignity, equality, and democracy? This Article answers that question. This Article reports and analyzes the results of a survey of graduates and students from a course in Nonprofit Organizations that incorporated a community-based project designed to develop skills, enhance learning, and encourage post-graduation involvement with nonprofits.
Although limited to one course, this course study, like a case study, offers valuable information. Consistent with other research on experiential education, the survey supports the conclusion that such projects, while less resource-intensive and comprehensive than clinics, offer benefits to both the students and to the community. For thirty-four years, the narrative of Supreme Court jurisprudence on the issue of abortion was firmly focused on the pregnant woman.
Arguments focusing on the fetus as the equal or greater party of interest during any stages of pregnancy were systematically pushed aside by the Court. Under most definitions, these statements are a type of social dicta—unnecessary, memorable language that speaks directly in favor of a particular societal point of view. Such dicta are usually the most quoted language by popular media outlets and non-legal sources, are often the most remembered part of the case, and are thematically opportunistic in guiding the debate and framing the narrative for use in future cases.
Couples marrying in the United States are increasingly requesting prenuptial agreements. These agreements offer a substantial benefit, as they allow couples to set their own standards for property distribution at divorce. However, their enforceability remains uncertain. Prenuptial agreements were initially viewed with suspicion during a time when the state was much more involved in regulating marriage, and they remain subject to heightened standards of review in many jurisdictions.
Not only are the standards heightened; they are also unclear and vary between jurisdictions, resulting in much uncertainty as to whether a particular agreement will be enforced. The justifications for heightened review are no longer warranted, given that women now occupy a societal position in which they should be viewed as equally as capable as men. This Note posits that Pennsylvania has adopted the best approach, as prenuptial agreements are reviewed exactly as other contracts are with the additional requirement of financial disclosure.
The Pennsylvania approach could be improved, however, by the adoption of minor procedural requirements. These include providing couples with information about their rights upon divorce before they marry, and imposing a brief waiting period, much like that required for marriage licenses, to allow couples considering a prenuptial agreement to discuss their expectations and negotiate better bargains.
Advances in recent technology have changed the evidentiary sources presented in both criminal and civil trials to include the use of full-motion, computer-generated animations. The presentation of computer-generated animations can increase juror retention, understanding, and synthesis of information, or it can act as a persuasive tool to undermine the deliberative process and to unduly influence juror decision making.
In the advent of such new technology use, a balance must form between the usefulness of such evidentiary tactics and the elimination of undue influence or abuse of new technology.
100 Great Works of Dystopian Fiction
General foundational principles of demonstrative evidence apply to authenticate and determine the relevance of admission of such evidence. The Federal Rules of Evidence are not properly equipped to handle the implications of such new evidence and have provided little to no guidance for judges to determine admissibility. This Note discusses the analysis of the impact of computer-generated animations from the perspective of psychology.
Through the application of psychological principles, this Note presents suggested guidelines for judicial determination of admissibility or inadmissibility of computer-generated animations as unduly prejudicial.
- high-risk sexual offenders: Topics by bahubabajequ.cf.
- Forensic Management of Sexual Offenders | SpringerLink.
- The Dorktionary?
- Parallelwelten (German Edition).
- Search form.
- The Four Circles of Hollow Water;
The Pennsylvania General Assembly enacted House Bill Act 13 in February , regulating hydraulic fracturing and the disclosure of chemicals used in the process. Part of this new legislation permits healthcare professionals to access proprietary information, otherwise subject to trade secret protection; however, Act 13 mandates that the requesting healthcare professionals first sign a private confidentiality agreement. There is an emerging debate extending across the states proposing similar legislation as to whether requiring a confidentiality agreement exposes physicians to potential liability or loss of license.
On the one hand, if physicians abide by the terms of the private confidentiality agreements, they may violate their ethical code and state statutory laws protecting public health and safety, and such action may also expose them to potential common law negligence claims. On the other hand, if physicians share the information obtained under Act 13, they may be in breach of contract under the confidentiality agreement. This Note examines this dilemma and concludes that the vague language of Act 13 exposes health professionals to either breach of contract liability or potential tort liability and risk of losing their license.
This Note recommends that the Pennsylvania Legislature should immediately pass an amendment clarifying the text of the statute, explaining whether physicians may share the information and with whom they can share it, taking into account the ethical obligations, common law doctrines, and public health concerns inherently intertwined with this issue. This Note also serves to guide other states considering similar chemical disclosure laws.
It has become a matter of recurring lament and concern — and periodically, an object of satire and derision — that Americans lack basic knowledge, awareness, or interest concerning the world beyond their borders, whether in terms of history, public affairs, culture, language, or even basic geography. Politicians, corporate leaders, scholars, and other observers across a broad spectrum routinely warn of the potential dangers this global awareness deficit poses to the well-being and security of the United States.
In an increasingly interdependent world — with a growing array of economic, political, social, and environmental problems that transcend national borders — individuals cannot meaningfully function as responsible democratic citizens without both greater global knowledge and the capacities and sensibilities necessary to engage that knowledge critically and with sophistication.
American law schools and universities are globalizing as never before. This academic form of globalization ranges from modest student and faculty exchanges with foreign counterparts to joint degree programs to full campuses abroad. International initiatives by U. Yet what happens when a U. The results to date are not encouraging. Scholarly interaction in theory promotes such mutual benefits as understanding, dialogue, and exposure to fresh ideas. Two recent, high-profile examples, however, suggest potential costs. Yale, joining with the National University of Singapore, has for the first time lent its name to a campus outside New Haven.
Aside from working with a regime that poses significant human rights concerns, the Yale-NUS initiative has gone further to ban student political protests and organizations from its grounds.