Norms of criminal conviction

In this paper, I offer three different arguments against the view that knowledge is the epistemic norm governing criminal convictions in the Anglo-American system. The first two show that neither the truth of a juror's verdict nor the juror's belief in the defendant's guilt is necessary for voting to convict in an epistemically permissible way. Both arguments challenge the necessity dimension of the knowledge norm. I then show—by drawing on evidence that is admissible through exclusionary rules—that knowledge is also not sufficient for epistemically proper conviction. A central thesis operative in all of these arguments is that the sort of ideal epistemology underwriting the knowledge norm of conviction should be rejected and replaced with a non-ideal approach. I then defend an alternative, justificationist norm of criminal conviction that not only avoids the problems afflicting the knowledge account, but also takes seriously the important role that narratives play in criminal courts.     

Health Outcomes and Attitudes Toward Female Genital Cutting in a Community-Based Sample of West African Immigrant Women from High-Prevalence Countries in New York City

Female genital cutting (FGC), a deeply rooted cultural practice with high prevalence rates in many West African countries, is considered by many to represent systematic gender-based violence and human rights violation. Although short- and long-term health consequences of FGC have been examined in studies in Africa, the experiences of women who have immigrated to the Western countries such as the United States have remained largely unexplored. We sought to examine prevalence rates of FGC, as well as differences in demographic characteristics, health outcomes, and knowledge, attitudes, and beliefs among West African immigrants. This study employed audio computer-assisted self-interviewing with a community-based sample of 68 women from Gambia, Guinea, Mali, and Sierra Leone living in New York City. The rate of FGC was 68% overall and varied significantly by country, tribe or ethnicity, and marital status. Women with FGC had a significantly higher number of live births and were more likely to report a history of vaginal pain and decreased sexual arousal, but there were no other significant differences in gynecological and obstetric outcomes, sexual functioning, or psychological outcomes. Participants also had similar rates of opposition to FGC, although women with FGC were less likely to assert human rights as a reason to end the practice. Women reported a high level of surprise and unpreparedness for the FGC procedure, and 22% reported that it was done without their parents’ consent. Long-term health consequences of FGC among women who have immigrated remain unclear, although resistance to the practice is overwhelming.     

Offensive and defensive aggression in humans: A longitudinal perspective

Offensive and defensive aggression were distinguished on the basis of associated events. Behavior delivering noxious stimuli was defined as defensive when it was a response a threatening situation and as offensive when it was an unprovoked act. The existence of a general aggression factor was implied by the finding that initiators of aggression also readily defend themselves if attacked. The use of a peer nomination and teacher rating variable for offensive aggression, “Attacks without reason, teases others, naughty things”; and another for defensive aggression, “Defends him/herself if teased, but does not tease or attack others without reason,” yielded differential results. Offensive aggression at age 14 was significantly predicted by aggressive behavior age 8, while defensive aggression was not. Intercorrelations of rating variables at 14 showed that offensive aggression was related to weak self-control and defensive aggression to strong self-control. Only offensive aggression at age 14 predicted criminality at age 20. The results indicate a diversity of motivations for aggressive behaviors, as suggested by observations on animal behavior.     

The why and when of background checks: Situational factors moderate effects of criminal and financial stigma

Past criminal and financial transgressions, even when of questionable job relevance, can harm job‐seekers' prospects. In three hiring simulation experiments, manipulations of situational factors hypothesized to alter decision focus moderate the effect of background report information on applicant evaluations. In Study 1, emphasizing in‐role performance as a hiring goal decreases the weight placed on transgressions relative to standard qualifications. Study 2 demonstrates this context effect with a different design and experienced hiring professionals, and finds that delaying background checks heightens a transgression's impact. In Study 3, presenting novel positive information in conjunction with a criminal offense mitigates the delay effect. By adopting a behavioral decision perspective, this research illuminates how situational factors shape the impact of a widespread form of stigma.     

Mental health criminal defenses in persons with neuropsychiatric disorders

Persons with neuropsychiatric disorders present specific and unique challenges for forensic experts and defense attorneys in the criminal justice system. This article reviews two potential criminal defenses: legal insanity and the various legal standards or tests of criminal responsibility that are used in jurisdictions throughout the United States (i.e., the M’Naghten standard and the American Law Institute's Model Penal Code), and the partial legal defense of diminished capacity (lacking the mental state necessary to be found guilty of a specific intent crime). The process of evaluating criminal responsibility or diminished capacity is also presented with a specific emphasis on common issues that arise in evaluating defendants with Intellectual Developmental Disorder (Intellectual Disability), Parasomnias, Seizure Disorders, and Neurocognitive Disorders.     

Police and prosecution systems: An evaluation of a police criminal case preparation program

Program evaluation can provide objective information relevant to decisions on program maintenance. A program to address problems in the preparation of criminal investigation reports in a metropolitan police department was evaluated. The program permanently altered environmental conditions under which reports were prepared to facilitate performance. Police officers, who had previously prepared reports without assistance, visited the Case Preparation Room to prepare reports with assistance from office personnel. Compared to reports prepared without assistance, reports prepared in the Case Preparation Room documented more case elements required by the state legal code for criminal prosecution, were completed in fewer days following arrests, and received higher ratings from Assistant District Attorneys. Operation of a permanent program available to approximately 945 officers proved a practical solution to improving the preparation of criminal investigation reports.     

AN EFFECTIVENESS TRIAL OF CONTINGENCY MANAGEMENT IN A FELONY PREADJUDICATION DRUG COURT

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

The Relationship Between Direct Violence Victimization and Arrest History: The Mediating Role of Aggression

This study sought to determine whether emerging adults with a history of arrest differed on reported experiences of direct violence victimization (DVV), as well as measures of depression, posttraumatic stress disorder, and aggression. We administered self-report measures to 535 diverse college students. Results revealed that 64 participants reported a history of arrest. Participants with a history of arrest reported significantly higher scores on measures of aggression, as well as a greater number of DVV experiences, when compared to a comparable random sample of participants with no history of arrest. When the total sample was examined, there was no direct relationship between DVV and history of arrest. However, we found evidence for the mediating effect of aggression between the two variables. Our findings suggest that, among emerging adults who have experienced DVV, high levels of aggression may play a role in criminal justice involvement.