Bennett, C. (1977). Principles and due process. NASSP Bulletin, 61, 27-29.

Abstract:
Bennett supports the principle of due process, but warns that we must guard against allowing the pro cedures of due process to impede due process it self. He urges principals to make their voices heard.

***

Green, R. T. (2002). Common law, equity, and American public administration. The American Review of Public Administration, 32, 263-294.

Abstract:
This article evaluates the claims of those who advocate the use of common law as a corrective to the statutory and rule-based excesses of the American administrative state. Their claims are assessed in light of common-law history and in terms of current administrative law. Although many claims are exaggerated or simply wrong, there are some aspects of common law that deserve attention in public administration. These are explained from the perspective of common-law evolution. Common law developed in a very pragmatic and experimental fashion and therefore displays some qualities public administrators will find useful, especially in the adjudicative realm of agency decisions, but more broadly as well. A model with five features of common-law practice is presented for public administrators to use in improving an agency’s decision making under law.

***

Pacelle, R. L. Jr., Marshall, B. W., & Curry, B. W. (2007). Keepers of the covenant or platonic guardians? Decision making on the U.S. Supreme Court. American Politics Research, 35, 694-725.

Abstract:
How do the justices of the Supreme Court make their decisions? How does the Supreme Court of the United States make its decisions? The answer to these questions may not be the same. In studying judicial decision making, there has been a disconnection between individual and institutional levels of analysis. Lifetime tenure insulates individual justices and permits them to act on their substantive preferences. At the same time, the Court lacks the "sword and purse" and must rely on the other branches to fund or implement its directives. This study develops an integrative model to explain Supreme Court decision making. Using constitutional civil liberties and civil rights cases in the 1953 to 2000 period, conditions favorable to the attitudinal model, we find that institutional decision making is a function of attitudinal, strategic, and legal factors.

Boots, D. P., Bihari, J., Elliot, E. (2009). The state of the castle: An overview of recent trends in state castle doctrine legislation and public policy. Criminal Justice Review, XX, 1-21.

Abstract:
Second Amendment issues regarding the right to bear arms in the home have come into focus recently with the U.S. Supreme Court landmark decision in District of Columbia v. Heller. Despite strong antigun sentiment in the wake of high-profile shootings, sweeping new castle doctrine legislation has passed in 23 states in the last 4 years. These laws effectively expand individuals’ right to defend their home and possessions with lethal force without the necessity to retreat. To date, there is little criminological research that examines the evolution of the modern castle doctrine legislation in the United States. The present article addresses this gap in the literature by offering a historical perspective on the legal etiology of the castle doctrine relating to self-defense and then analyzes existing and pending castle doctrine legislation through December 2008. A discussion of the legal and criminological implications of these statutes on public policy is offered.

***

Federman, C. (2004). Who has the body? The path to habeas corpus reform. The Prison Journal, 84, 317-339.

Abstract:
The purpose of this article is to place the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 within a political and historical framework that describes the effort by the Supreme Court and various interested parties to restrict prisoners’ access to the federal courts by way of habeas corpus. Of principal concern here is how an act of terrorism against the United States provides an opportunity for Congress to restrict death row prisoners from obtaining habeas corpus review. Along with an analysis of Supreme Court decisions, three attempts to limit federal habeas corpus review for state prisoners from the late 1980s to the middle 1990s are described, all of which helped Congress to pass the AEDPA, a law that ratified the Supreme Court’s most restrictive habeas corpus decisions dating back some 35 years.

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Riccucci, N. M. (2007). Moving away from a strict scrutiny standard for affirmative action: Implications for public management. The American Review of Public   Administration, 37, 123-141.

Abstract:
This article addresses the concept of strict scrutiny, the burden of persuasion test used by the courts to determine the constitutionality of affirmative action. Through a systematic analysis of U.S. Supreme Court decisions, it illustrates that strict scrutiny has been applied in an inconsistent, arbitrary manner and, therefore, should not serve as the basis for judicial review of affirmative action programs. It shows that the rule of law established under the Civil Rights Act provides an equally if not more compelling basis for judging the legality of affirmative action programs. Relying on the legal standards advanced by the courts under civil rights statutes provides managers with greater flexibility in developing and implementing affirmative action programs. In effect, the ability of governments to promote diversity of their workforces is greatly enhanced.

Davis, M. S. (2006). Crimes mala in se: An equity-based definition. Criminal Justice     Policy Review, 17, 270-289

Abstract:
Legal scholars have used the terms mala prohibita and mala in se to draw the distinction between legally proscribed and morally proscribed offenses. The former are those offenses that are wrong simply because there exist formal, codified rules prohibiting them. Efforts to define mala in se, on the other hand, have resulted in vague, often conflicting meanings that leave the analyst with little but examples to serve as definitions. As a result, some have argued that the distinctions mala in se and mala prohibita be abandoned altogether. If one examines mala in se from an equity theoretical viewpoint, incorporating the concepts of intent and harm, it may be possible to arrive at a more understandable and useful concept.

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Koenig, T. H. & Rustad, M. L. (2007). “Hate torts” to fight hate crimes: Punishing the     organizational roots of evil. American Behavioral Scientist, 51, 302-318.

Abstract:
This article coins the term hate torts to illustrate the growing role of tort law in defending vulnerable Americans against violence and intimidation by hate groups and hateful individuals. Hate torts give juries the muscle to impose a financial death penalty against organizations that recklessly and intentionally enable racial and gender oppression. In the absence of effective criminal sanctions, tort victims and their lawyers can play the role of private attorneys general by filing civil lawsuits that expose and financially punish organizations that incite the commission of hate crimes.

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Schwartz, M. D. & Clear T. R. (1980). Toward a new law on rape. Crime & Delinquency, 26, 129-151

Abstract:
Forcible rape has become a major issue in the past decade, not only for political reasons but also because of the unique practical roadblocks placed in the path of prosecution by criminal law. A number of approaches to removing these obstacles are discussed here, based largely on the idea, acceptable from both a feminist and a practical standpoint, that rape law be "normalized" as part of a general assault code, rather than remaining a separate sex crime statute. Such a change would not only be an important political statement by the criminal law, but would also automatically remove most of the problems discussed in the literature. A suggested basic statute takes into account problems ranging from psychological harm to rape shield laws to statutory rape, in addition to the usual complaints about rape law.

Garcia, S. M., Darley, J. M., & Robinson, R. J. (2001). Morally questionable tactics: Negotiations between district attorneys and public defenders. Personality and Social Psychology Bulletin, 27, 731-743. 

Abstract:
A questionnaire study about bargaining tactics was conducted among 163 public defenders (PDs) and district attorneys (DAs) in the criminal justice system. The authors hypothesized that PDs (defensive roles) would perceive questionable tactics to be more appropriate than would DAs (offensive roles), that PDs and DAs would elevate their approval of questionable tactics for counteraggression purposes, and that PDs would elevate their approval for counteraggression to a greater extent than would DAs. Results supported these hypotheses. The authors also examined the basis of the status quo bias, because previous status quo bias studies always confounded power with defensive role. After testing four status quo bias hypotheses, results suggested that, contrary to previous explanations, a defender-challenger framework sometimes provides a better account of the status quo bias than does a power framework.

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Nasheri, H. (1996). The exclusionary rule: Differing trends in Canada and the United   States. Criminal Justice Review, 21, 161-180.

Abstract:
The purpose of this article is to evaluate the Canadian and American criminal justice systems by analyzing one facet of both systems-the exclusionary rule. More specifically, this article explores whether Canada and the United States are moving toward expanding the exclusionary rule in protecting the rights of the criminally accused or are moving toward limiting the applicability of the rule and favoring the state in prosecuting the accused. The article concludes, based on an analysis of recent case law from the high courts of both countries, that the exclusionary rule is currently on different and apparently diverging tracks. In Canada before 1982, the exclusionary rule was nonexistent. Since 1982, with the enactment of the Charter of Rights and Freedoms, the exclusionary rule has quickly and steadily expanded. The United States, in contrast, has been restricting the exclusionary rule for years. According to the trends seen in each country, the article predicts that Canada will continue the gradual expansion toward a more absolutist exclusionary rule that began with the enactment of the Charter in 1982, while the United States will continue to limit the use of the exclusionary rule in an attempt to give prosecutors greater power in prosecuting criminally accused individuals.

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Tetterton, V. S. & Warren, A. R. (2005). Using witness confidence can impair the ability    to detect deception. Criminal Justice and Behavior, 32, 433-451.

Abstract:
Prior research has shown that jurors rely on confidence in discriminating between accurate and inaccurate testimonies despite the weak relationship between the two. The purpose of this study is to learn if truth seekers also use confidence in judging truthfulness. In two studies, participants were either not given instructions regarding witness confidence or were told not to use witness confidence, and then they were asked to rate the believability of the videotaped testimony of four witnesses who varied in confidence and truthfulness. Regardless of the instructions, participants did rely on confidence and rated highly confident testimonies as more believable. They also rated false testimonies as significantly more believable than true statements.

Ask, K. (2009). A survey of police officers’ and prosecutor’s beliefs about crime victim behaviors. Journal of Interpersonal Violence, XX, 1-18.

Abstract:
A survey of police officers (n = 211) and prosecutors (n = 190) in Sweden was conducted to assess law personnel’s beliefs about the behaviors and reactions of victims of violent crimes. There were considerable differences in the expected behavioral display of different types of crime victims, with rape and domestic assault victims seen as particularly prone to expressive self-presentation and self-blame. Despite empirical evidence showing otherwise, most respondents thought that crime victims’ nonverbal and emotional expression is to some extent related to the truthfulness of their accounts. However, educational efforts appeared to have a corrective influence on such beliefs. The perceived prevalence of false reports differed across crime types, with rape and mugging receiving particularly high estimates. Police officers believed false reports to be more common than did prosecutors. Time constraints were seen, especially by prosecutors, as an impediment to appropriate treatment of crime victims. Potential explanations for occupational differences and limitations associated with the survey methodology are discussed.

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Rainville, G. (2001). An analysis of factors related to prosecutor sentencing preferences.   Criminal Justice Policy Review, 12, 295-310.

Abstract:
Three types of variables have been identified as related to prosecutor decision making in the screening and settlement stages of criminal case-processing—legal, extralegal, and resource variables. The current analysis examines the degree to which these classes of variables affect prosecutor sentence preferences. Ordinary least squares regression is used to relate factors that prosecutors regard as germane to forming sentence preferences to a measure of sentence restrictiveness. Analyses reveal a diminished reliance on legal and extralegal variables in the determination of preferred sentences. In their stead, the available correctional placement options within a prosecutor's jurisdiction as well as the personal values of prosecutors appear to determine the level of sentence restrictiveness that prosecutors desire.

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Stover C. P. (1981). Prosecution in Middle County: An application of organization theory   to criminal justice. Criminal Justice Review, 6, 26-35.

Abstract:
It has long been recognized that the prosecutor is a crucial actor in the criminal justice process. Comparatively little study has been done however on prosecutors'offices as such: how they function, what criteria they use, what principles might explain their conduct. In this regard it should be noted that the most-studiedjurisdictions, the largest urban centers, are perhaps those least representative of prosecutorial practices in the nation as a whole. The present study explains the prosecutorial decision-making process in one middle-sized Midwestern city by applying to the operations of this office the precepts of Cvert and March's A Behavioral Theory of the Firm (1963). The author finds that this office behaves in ways remarkably similar to those of the business firms examined by Cyert and March. The article describes how the Middle County prosecutor follows Cyert and March's principles of avoiding uncertainty by using standardized decision rules; avoiding over-complexity by keeping these rules themselves very simple, while relying on professional judgment to determine to what extent to modify them in particular cases; and avoiding learning costs by resisting changes in the rules. One of the most important rules was " We'll give anybody half for pleading guilty" and data are presented to show that this rule was rather consistently followed from 1968 to 1973. Although the author's own observations covered only the single jurisdiction of Middle County, his review of the published literature on prosecution leads him to conclude that many if not most other prosecutors' offices behave in similar fashion, and therefore that the Behavioral Theory may, prove to be a useful approach to prosecution generally as well as in Middle County.

Coxe, S. (1967). Lawyers in juvenile court. Crime and Delinquency, 13, 488-493.

Abstract:
The article delineates the effect of Gault on the "right to counsel" in the juvenile court. It reviews the background of the Supreme Court decision and analyzes the controversy over the lawyer's role in adjudication and disposition and it discusses some of the effects of the ruling on institutional population and the backlog of cases awaiting disposition.

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Golden, K. (1981). Rural courts: An Illinois study. Criminal Justice Review, 6, 38-42.

Abstract:
This study involved the review of 685 felony cases for two calendar years in three rural Illinois counties in an attempt to fill an important research need in the study of the operation of rural courts. Variables studied included nature of offenses in formal felony cases, method of adjudication, extent of guilty pleas and plea agreements, and nature of defendant representation.

Most formal felony cases involved property offenses, most cases reaching arraignment were disposed of by guilty pleas involving plea agreements, and a high proportion of defendants were indigent and utilized county public defenders. In these aspects, these rural courts operated in ways similar to their more urban counterparts. However, the reasons for these characteristics (most especially the extent of plea negotiation) may derive from the rural and familiar nature of the courts studied in addition to other possibilities.

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Leonhard, A. T. (1978). Supreme court dilemmas in striking a balance between the right to counsel and the welfare of society. Criminal Justice Society, 3, 31-43.

Abstract:
The poor are often far removed from the legal system not only as a result of the lack of funds, but also because the law is complicated to the point that it is all but completely alien to them. Yet, in society the legal problems of these people are multitudinous, ranging from everyday relationships with landlords and welfare agencies to the area of criminal cases in which so many impoverished citizens find themselves embroiled. The Supreme Court, since the milestone case of Gideon v. Wainwright in 1963, focused upon the guarantee to counsel for indigents in the many stages of criminal proceedings from arrest to sentencing, and appeal. Judicial activism in the Escobedo (1964), Miranda (1966), Wade (1967), Coleman (1970), Argersinger (1972), and Mempa (1967) cases provided bridges of procedural precedents that ensure fairness for the poor defendant. The procedural criteria established in those six key cases are sweeping remedies for the vulnerable position in which the destitute accused finds himself upon being arrested. The analysis here suggests that the defendant should have the advantage of a lawyer at every step in the criminal justice system. When an individual is arrested, the atmosphere of the police station is tense, and the stakes are high, sometimes involving many years of imprisonment. At the same time, the charges brought against him appear awesome and mysterious.

More than any recent case on the right to counsel, Brewer v. Williams (1977) displays the dilemma faced by the Court in dealing with the boundaries between the investigatory and accusatory stages of criminal justice. The unique nature of the facts of this 5-4 decision left the judges sharply divided, with Justice Stewart explaining in the majority opinion that the Court should be vigilant in preserving the integrity of the right to counsel. The dissenters, led by Chief Justice Burger, wrote an impassioned attack against extending the exclusionary rule beyond a reasonable threshold.

By expanding the right to counsel for indigent defendants, the Court has, in effect, eradicated what Justice Douglas termed "invidious discrimination" against a disadvantaged class in our society. To appreciate the significance of the fully developed role of today's Court as guardian of the civil liberties of the poor, one need only to look at the insensitivity that the 19th century Court expressed toward indigence when it referred to "the moral pestilence of paupers" in the City of New York v. Miln (1837) case.

Collins, T. & Moyer, L. (2007). Gender, race, and intersectionality on the federal     appellate bench. Political Research Quarterly, 61, 219-227.

Abstract:
While theoretical justifications predict that a judge's gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal defendants' claims when compared to their colleagues on the bench, even after controlling for other important factors. This suggests that our understanding of judicial behaviors may be assisted by the inclusion of how individual characteristics overlap rather than examining those characteristics alone.

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Goldman, S. (1982). Judicial selection and the qualities that make a “good” judge. The     ANNALS of the American Academy of Political of Social Science, 462, 112-124.

Abstract:
This exploratory article considers various aspects of the linkage between the judicial selection and the recruitment of "good"—as defined here—judges and the challenge of determining and applying objective criteria to particular individuals. Certain selection procedures are suggested for maximizing the recruitment of good judges. The article examines five principal judicial selection methods used in the United States, with a focus on federal judicial selection and the changes brought about during the Carter administration. Although evaluation of judicial candidates will remain, for the most part, a subjective process, it may be possible to develop somewhat less subjective ways of assessing who does and does not possess the qualities that make for a good judge.

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Lee, S. (2005). The scales of justice: Balancing neutrality and efficiency in plea-    bargaining encounters. Discourse & Society, 16, 33-54.

Abstract:
This article examines how the judge balances the normative obligation of neutrality with the bureaucratic demand for efficiency in recorded plea-bargaining encounters. The analysis demonstrates three kinds of judicial conduct by employing the methodology of conversation analysis. First, the judge displays an attitude or an outlook toward the accused or aspects of the case in an embedded manner. Second, the judge facilitates the bargaining process. The judge organizes an opening and a closing of the bargaining encounters, and elicits bargaining activities from the attorneys. Third, the judge moves the bargainers toward resolution. The judge may overtly suggest a bargaining proposal, subtly intervene in the bargaining positions to show approval or disapproval, and press the bargainers to overcome obstacles. The analysis shows that the judge’s conduct influences the bargaining processes and outcomes. The implication of this article is twofold. On the one hand, justice in plea bargaining is implemented in practice and is shaped by the practical ways in which judges manage their role in the interactions. On the other hand, the judge’s role is shaped by the normative obligation of neutrality as reconciled with the practical demands for efficiency. Therefore, the administration of justice in plea bargaining both shapes and is shaped by the judge’s conduct as balanced between neutrality and efficiency.

Benokraitis, N. (1982). Racial exclusion in juries. The Journal of Applied Behavioral    Science, 18, 29-47.

Abstract:
This study examines the norms of jury selection, determines which norms are most important in qualifying individuals for jury service, and discusses how the interpretation and application of these norms influence the racial composition of juries as blacks progress from the jury list to the jury panel and to the jury box. The data come from a questionnaire survey of 1,551 legal personnel-district clerks, jury commissioners, state attorneys, defense attorneys, and judges-who are most directly associated with state petit trial juries in 325 counties of eight Southern states with large black populations. The results indicate that blacks are significantly underrepresented at several jury selection stages. Some of the reasons for this underrepresentation are related to unsupervised and unauthorized discretionary jury selection procedures and the systematic striking of blacks.

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Kerwin, J. & Shaffer D. R. (1991).The effect of jury dogmatism on reactions to jury   nullification instructions. Personality & Social Psychology Bulletin, 17, 140-146.

Abstract:
Jury nullification instructions give jurors permission to disregard a law if they feet that its strict application would result in an unjust verdict. In a jury simulation, dogmatic and nondogmatic juries were given either standard or null fication instruc tions by the judge after hearing a euthanasia trial. Because of their alleged respect for and reliance on the pronouncements of authority figures, it was hypothesized that dogmatic juries would be more influenced than nondogmalic juries by the type of judge's instructions they received. Results from verdicts rendered, content analyses of jury deliberations, and postexperimental questionnaire data supported this hypothesis. Some implications of these outcomes are discussed.

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MacCoun, R. J. (1990). The emergence of extralegal bias during jury deliberation. Criminal Justice and Behavior, 17, 303-314.

Abstract:
Does deliberation attenuate extralegal biases in jury verdicts, or does it exaggerate them? Consistent with an information-integration theory analysis, Kaplan and Miller in 1978 found that deliberation can eliminate such biases. However, in the present study, the physical attractiveness of a criminal defendant only influenced postdeliberation mock juror and jury judgments. When the defendant was attractive, there was a shift in judgments toward acquittal, but when the defendant was unattractive, there was no such shift. As a result, mock juries were more likely to acquit the attractive defendant than the unattractive defendant. Because a shift toward acquittal is the modal pattern during deliberation in close criminal cases, the results suggest that the unattractive defendant did not receive the benefit of the doubt that is usually granted to criminal defendants. The results of this and other studies are discussed in terms of social influence patterns in jury deliberation.

Halsted, J. (1987). The American grand jury - due process or rights regress? Criminal      Justice Policy Review, 2, 103-117.

Abstract:
The grand jury system and due process rights generally are recognized as two of the great "checks" in protecting private citizens from the inherent dangers that may exist should the executive branch of the government be tempted to use the criminal justice system as a vehicle for its own political purposes. These historical checks, however, seem to have dissolved in present practices and procedures implemented by federal prosecutors in their investigations of public officials. A paradigm example of this is the grand jury investigation of Walter L. Nixon, Jr., United States District Judge for the Southern District of Mississippi. Nixon was convicted of two counts of perjury for lying to a grand jury. This author was present throughout the entire Nixon trial. Copious notes were taken and verified by cross-checking them with the trial transcript. What Nixon's case dramatizes is the fundamental problems inherent within the grand jury system: specifically, that prosecutors have the power to use the federal grand jury system to deny systematically grand jury targets their usual due process rights and then to subject them to criminal liability for perjury which is manufactured only because the targets are processed through the grand jury process itself.

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Reinhardt, E. (2001). Adjudication without enforcement in GATT disputes. Journal of   Conflict Resolution, 45, 174-195.

Abstract:
Disputes under the General Agreement on Tariffs and Trade (GATT) exhibit a puzzling selection effect. Defendants concede more prior to GATT judgments than afterward, despite GATT's lack of enforcement power. Yet, why would states plea-bargain if they know they can spurn contrary rulings? To find out, the article develops an incomplete information model of trade bargaining with the option of adjudication. The plaintiff has greater resolve prior to a ruling, believing that the defendant might be compelled to concede to an adverse judgment—even if that belief later proves false. Surprisingly, this resolve induces more generous settlements even from defendants who intend not to comply with any ruling. After a ruling, however, this anticipatory effect is irrelevant: adjudication works best when threatened but not realized. The prospect of adjudication thus conditions the behavior of states even when enforcement is not forthcoming but not through mechanisms identified by previous studies.

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Ulmer, J. T., Kurlychek, M. C., Kramer, J. H. (2007). Prosecutorial discretion and the    imposition of mandatory minimum sentences. Journal of Research in Crime and   Delinquency, 44, 427-458.

Abstract:
In Pennsylvania, the imposition of mandatory minimum sentences presents an important opportunity to examine relatively "pure" prosecutorial discretion over sentencing outcomes. The authors present a multilevel analysis of the prosecutorial decision to apply a mandatory minimum among mandatory-eligible offenders sentenced for drug crimes or as repeat, "three-strikes" offenders. They find that prosecutors' decisions to apply the mandatory minimum are significantly affected by the type and characteristics of offenses and guideline sentence recommendations, prior record, mode of conviction, and gender. They also find that Hispanic males are more likely to receive mandatory minimums and that Black–White differences in mandatory application increase with county percentage Black. The authors frame and interpret their analysis and findings in light of the uncertainty reduction theory of prosecutorial discretion, the view of courts as communities, and an integrative focal concerns perspective on criminal justice decision-making.

Myers, J. E. B. (1996). A decade of international reform to accommodate a child     witnesses. Criminal Justice and Behavior, 23, 402-422.

Abstract:
The past decade has witnessed significant reform of the legal system to accommodate child witnesses. This article describes reforms in the following areas: investigative interviewing, preparing children to testify, admissibility of children's hearsay statements, competence of children to testify in court, altering the courtroom to accommodate child witnesses, judicial control of the proceedings and questioning, support persons for child witnesses, exclusion of witnesses during a child's testimony, closing the courtroom to the public and the press, video link technology and other modifications that effect the accused's right to confront the child, counsel or guardian ad litem for a child witness, the corroboration requirement, and jury instructions regarding child witnesses.

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Plumm, K. M., Terrance, C. A. (2009). Battered women who kill: The impact of expert   testimony and empathy introduction in the courtroom. Violence Against Women,      15, 186-205.

Abstract:
Mock jurors (N = 312) viewed a simulated trial involving a woman, charged with the murder of her abusive husband, entering a plea of not guilty by reason of self-defense. Expert testimony was varied using battered woman syndrome, social agency framework, or no expert testimony. Within expert testimony conditions, jurors were presented with opening and closing statements either including or not including instructions aimed at inducing empathy. Results indicate differences in gender and expert testimony for ratings of guilt as well as differences in gender, expert testimony, and empathy induction for perceptions of the defendant.

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Tufnell, G., Cottrell, D., Georgiades, D. (1996). ‘Good practice’ for expert witnesses.     Clinical Child Psychology and Psychiatry, 1, 365-383.

Abstract:
The aim of this article is to look at good practice in expert-witness court reports in Children Act cases. Reports written by child psychiatrist experts differ enormously in the information they contain, the way in which the report is structured and in style of presentation. There may be a number of reasons for this. Child psychiatrists who work as experts receive little or no formal training for this area of their work. There is no official guidance from the courts about how reports should be presented. Guidance to experts by instructing solicitors is often limited. Feedback to experts by `user' groups, such as judges, is often lacking. There are no studies which have sought the views of users as to what they see as the desirable attributes of a report. This questionnaire study was carried out with the support of the Lord Chancellor's Department, the Official Solicitor's Office, the National Association of Guardians ad litem, and the Law Society. It looks at what the users want and what the experts think, and explores the degree to which it is possible for a consensus to be reached by the interested parties. The results of the questionnaire are combined with recent guidance to produce a model format suitable for use in Children Act cases.

Benda, B. B. (2001). Factors that discriminate between recidivists, parole violators, and   nonrecidivists in a 3-year follow-up of boot camp graduates. International Journal   of Offender Therapy and Comparative Criminology, 45, 711-729.

Abstract:
The authors conducted a study of recidivism of 480 male graduates, aged 16 to 40 years, of a boot camp in the South. Discriminant analysis was used to determine what factors discriminated between three outcomes in a 3-year follow-up: (a) nonrecidivists, (b) recidivists who had committed additional crime after graduation from boot camp, and (c) parole violators. Analyses indicated that present age, age when unlawful behavior began, incarceration as a juvenile, several personality deficits, peer influence, and perceptions of boot camp merely as an expedient avenue to release discriminated between recidivists and the other two groups. Self-esteem, self-efficacy, resilience, expectations of future success, and favorable perceptions of various aspects of the boot camp experience distinguished nonrecidivists from others. Practice and policy implications of these findings are discussed.

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Lambert, E. & Clarke, A. (2001). The impact of information on an individual’s support of    the death penalty: A partial test of the Marshall hypothesis among college    students. Criminal Justice Policy Review, 12, 215-234.

Abstract:
In Furman v. Georgia, Justice Marshall hypothesized that informed individuals would not support the death penalty. To test this hypothesis, survey results from 730 students at a Michigan university were used. Students read one of three essays; one focusing on death penalty deterrence research, another on the chances of sentencing an innocent person to death, and the third on the general reasons for punishing offenders (i.e., the control essay). The innocence essay resulted in a small but statistically significant reduction of support. There was no statistically significant reduction in support for the death penalty among the deterrence and control essay groups. The findings are discussed and recommendations for future research are made.

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Stafford, M. C. & Warr, M. (1993). A reconceptualization of general and specific      deterrence. Journal of Research in Crime and Delinquency, 30, 123-135.

Abstract:
The distinction between general and specific deterrence is widely recognized and accepted by deterrence researchers, and is used commonly to classify deterrence studies. However, the logical and empirical grounds for the distinction are not as clear as they might appear, and the conventional conception has done more to obfuscate than to clarify the deterrence process. Following a discussion of these issues, the authors propose a reconceptualization of general and specific deterrence, and apply it to several current controversies in the deterrence literature.

Bowie J. B., Songer D. R. (2009). Assessing the applicability of strategic theory to   explain decision making on the courts of appeals. Political Research Quarterly,      62, 393-407.

Abstract:
The focus of this analysis is whether a strategic perspective provides a useful approach that enhances an understanding of broad patterns of judicial decision making on the U.S. Courts of Appeals. The authors examine whether it is reasonable in the majority of cases for appeals court judges to modify their behavior when necessary to avoid reversal by the Supreme Court. This assessment utilizes statistical analyses and interviews from twenty-eight judges on the U.S. Courts of Appeals. Based on a three-part argument, the authors conclude that a strategic perspective is not helpful in understanding the decision calculus of appeals court judges.

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Federman, C. (2004). Who has the body? The path to habeas corpus reform. The Prison Journal, 84, 317-339.

Abstract:
The purpose of this article is to place the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 within a political and historical framework that describes the effort by the Supreme Court and various interested parties to restrict prisoners’ access to the federal courts by way of habeas corpus. Of principal concern here is how an act of terrorism against the United States provides an opportunity for Congress to restrict death row prisoners from obtaining habeas corpus review. Along with an analysis of Supreme Court decisions, three attempts to limit federal habeas corpus review for state prisoners from the late 1980s to the middle 1990s are described, all of which helped Congress to pass the AEDPA, a law that ratified the Supreme Court’s most restrictive habeas corpus decisions dating back some 35 years.

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Pursley, R. D. (1995). The federal habeas corpus process: Unraveling the issues.   Criminal Justice Policy Review, 7, 115-141.

Abstract:
The writ of habeas corpus, especially the so-called federal application of the writ in death-penalty cases, has created a great deal of controversy. Yet, for all of its publicity and its wide-ranging criticism, habeas corpus largely remains a little understood area of the law. This article explores the historical origins of the writ, its evolved and evolving characteristics, and discusses the four major issues it presents today. The article points out the complexities and subtleties of the legal, political, ideological and policy-making issues that have come to define both its character and its use. It also examines recent Congressional and Supreme Court attempts at reformulating the authority of the federal courts in its application.

DeMatteo, D., Marlowe, D. B., Festinger, D. S.,  & Arabia, P. L. (2009). Outcome    trajectories in drug court: Do all participants have serious drug problems?   Criminal Justice and Behavior, 36, 354-368.

Abstract:
Graduation rates in drug courts average 50% to 70%, but it is unclear what proportion of graduates responded to the drug court services and what proportion might not have had serious drug problems on entry. This study cluster analyzes urine drug screen results during the first 14 weeks of treatment on 284 participants from three misdemeanor drug courts. A four-cluster solution (R2 > .75) produced distinct subgroups characterized by (a) consistently drug-negative urine specimens (34% of the sample), (b) consistently drug-positive specimens (21%), (c) consistently missed urine specimens (26%), and (d) urine specimens that began as drug positive but became progressively drug negative over time (19%). These data suggest that approximately one third of the participants might not have had serious drug problems on entry. Approximately one fifth appeared to respond to drug court services, and nearly one half continued to exhibit problems after 14 weeks. Implications for adaptive programming in drug courts are discussed.

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Gover, A. R., Brank, E. M., & MacDonald, J. M. (2007). A specialized domestic violence   court in South Carolina: An example of procedural justice for victims and      defendants. Violence Against Women, 13, 603-626.

Abstract:
The current research details interviews with 50 victims and 50 defendants who participated in a specialized criminal domestic violence court in Lexington County, South Carolina. These victims and defendants indicated satisfaction with their court experiences, thought the process allowed them to voice their views, felt they were treated with respect, and were generally satisfied with the outcome of their cases. Court observations and interviews with court personnel confirmed that this court has successfully incorporated victims and defendants into the decision-making process while also providing a fair system to address the issue of violence against women.

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Sloan, J. J. & Smykla J. O. (2003). Juvenile drug courts: Understanding the importance    of dimensional variability. Criminal Justice Policy Review, 14, 339-360.

Abstract:
 Juvenile drug courts have emerged as "innovative" responses to juvenile drug offenders, but comparatively little is known about their operations. Using Goldkamp's typology of adult drug courts and secondary analyses of Cooper and Bartlett's data from a national-level survey of juvenile drug courts, this article first describes these courts and then analyzes the variability in key dimensions of juvenile drug courts that were operating in the United States on January 1, 1998. Results showed that juvenile drug courts have great variation across their key dimensions (e.g., target populations, target problems, court processing focus, and candidate screening and evaluation). The authors raise questions about future research that might ignore the variance across the key dimensions of juvenile drug courts that were uncovered.