reoffending than those who completed treatment. The predictors of nonsexual violent recidivism and general (any) recidivism were similar to those predictors found among nonsexual criminals (e.g., prior violent offenses, age, juvenile deliquency). Our results suggest that applied risk assessments of sexual offenders should consider separately the offender's risk for sexual and nonsexual recidivism. Assessing chronicity is crucial for clients whose sexual behaviors have brought them into conflict with the law. Many exceptional criminal justice policies, such as postsentence detention (e.g., Anderson & Masters, 1992), lifetime community supervision, and community notification, target those sexual offenders likely to reoffend. Clinicians need to judge whether the client's behaviors are truly atypical of the individual (as the client would like us to believe) or whether the client merits a virtually permanent label as a sexual offender.

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Predicting relapse: a meta-analysis of sexual offender recidivism studies.

A meta-analysis of 82 recidivism studies (1,620 findings from 29,450 sexual offenders) identified deviant sexual preferences and antisocial orientation as the major predictors of sexual recidivism for both adult and adolescent sexual offenders. Antisocial orientation was the major predictor of violent recidivism and general (any) recidivism. The review also identified some dynamic risk factors that have the potential of being useful treatment targets (e.g., sexual preoccupations, general self-regulation problems). Many of the variables commonly addressed in sex offender treatment programs (e.g., psychological distress, denial of sex crime, victim empathy, stated motivation for treatment) had little or no relationship with sexual or violent recidivism.

/pdf/the-characteristics-of-persistent-sexual-offenders-a-meta-19hgzia124.pdf

The Characteristics of Persistent Sexual Offenders: A Meta-Analysis of Recidivism Studies.

Self-determination theory posits that the degree to which a prosocial act is volitional or autonomous predicts its effect on well-being and that psychological need satisfaction mediates this relation. Four studies tested the impact of autonomous and controlled motivation for helping others on well-being and explored effects on other outcomes of helping for both helpers and recipients. Study 1 used a diary method to assess daily relations between prosocial behaviors and helper well-being and tested mediating effects of basic psychological need satisfaction. Study 2 examined the effect of choice on motivation and consequences of autonomous versus controlled helping using an experimental design. Study 3 examined the consequences of autonomous versus controlled helping for both helpers and recipients in a dyadic task. Finally, Study 4 manipulated motivation to predict helper and recipient outcomes. Findings support the idea that autonomous motivation for helping yields benefits for both helper and recipient through greater need satisfaction. Limitations and implications are discussed.

When helping helps: autonomous motivation for prosocial behavior and its influence on well-being for the helper and recipient.

The increasing recognition of the large number of people victimized by sexual assault has focused considerable attention on methods for deterring its perpetrators. In particular, law enforcement and mental health professions alike seek ways to prevent sex offenders from repeating their criminal behavior. Some evidence suggests sex offenders often continue offending even after incarceration or clinical treatment. However, recidivism rates for sex offenders are unusually hard to establish, owing to gross underreporting of sex crimes. This article presents a comprehensive review of empirical studies of sex offender recidivism. It brings together data from a wide variety of studies on both treated and untreated sex offenders of all types. Because of the variety and gravity of methodological problems in these studies, guidelines are discussed for sample selection and description, study design, criterion assessment, and data analysis. With these methodological principles in mind, the results of some 42 studies are examined for what they can tell us about sex offender recidivism and efforts to reduce it.

Sex offender recidivism: A review.

To date, analyses of differences between adolescents' and adults' judgment have emphasized age differences in cognitive factors presumed to affect decision making. In contrast, this article examines research and theory on threepsychosocial aspects of maturity of judgment: responsibility, temperance, and perspective. For several psychosocial dimensions of maturity that are likely to affect judgment, the existing pvidence, while indirect and imperfect, indicates that the greatest differences are found in comparisons between early adolescents versus middle and late adolescents. Developmental research on maturity that focuses specifically on mid-and late adolescence, that simultaneously examines both cognitive and noncognitive factors, and that investigates the relation between these factors and the ability to make good decisions is greatly needed.

https://psycnet.apa.org/journals/lhb/20/3/249.pdf

Maturity of judgment in adolescence: Psychosocial factors in adolescent decision making.

The executive branch's perspective on the constitutional law of foreign affairs is one approach for working out the implications of the text, structure, and history of the Constitution as it bears on foreign affairs. This perspective accords the President primary responsibility for the conduct of foreign policy and the preservation of national security, without denying the Congress very broad powers relating to foreign affairs and national security. The coherence of the executive primacy interpretation of Constitutional authority over foreign affairs, and the respect it embodies for the presidency, for Congress, and for the constitutional system of separated but interlocking powers, support the argument that the best reading of the Constitution regarding foreign affairs is the "executive primacy" position.

The President's Authority over Foreign Affairs: An Executive Branch Perspective

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The Oldest Question of Constitutional Law

The President's Authority over Foreign Affairs: An Essay in Constitutional Interpretation

More than 350 years ago, the English legal scholar John Selden complained that the chancery’s jurisdiction in equity depends on a variable standard that might as well be based on the length of the “Chancellor’s foot.” The “Chancellor’s foot” has since become proverbial shorthand for the argument that equity is an unjustified and unfortunate interference in the regular course of the rule of law. In today’s legal environment, both in form and in practice law and equity have become largely indistinguishable and yet find some special cause for concern, or at least interest, in the workings of conscience in what we still label equitable doctrines and decisions. Even with the considerable infusion of equitable considerations into the substance of much common law doctrine, the formulas of equity are more likely to incorporate overt calls for the exercise of discretion and the application of the decisionmaker’s moral intuitions.This article proposes to examine this issue by focusing on a particular doctrine of equity, the constructive trust, and on a seminal figure in the development of the modern U.S. understanding of constructive trusts, Benjamin Cardozo. Cardozo played a demonstrably central role in the evolution of the constructive trust in the United States from a substantive legal relationship to an independent judicial reedy, an evolution that distanced modern U.S. doctrine from its historical roots as well as from what seems still to be the predominant view in England. That evolution also greatly emphasized the importance of conscience in decisions involving constructive trusts, a development for which Cardozo — or at least Cardozo’s opinions — is largely responsible.

'Cardozo’s Foot': The Chancellor’s Conscience and Constructive Trusts

/pdf/the-principles-of-98-an-essay-in-historical-retrieval-13km3nxylf.pdf

H. Jefferson Powell

Papers

The President's Authority over Foreign Affairs: An Executive Branch Perspective

The Oldest Question of Constitutional Law

The President's Authority over Foreign Affairs: An Essay in Constitutional Interpretation

'Cardozo’s Foot': The Chancellor’s Conscience and Constructive Trusts

The Principles of ‘98: An Essay in Historical Retrieval