Latent justice? A review of adversarial challenges to fingerprint evidence

This article provides an overview of recent research on latent fingerprint evidence featured in reported legal decisions from England and Wales, Australia and New Zealand. The research casts doubts on the effectiveness of adversarial criminal procedure. Rather, than engage with the methodological foundations – e.g. validity and reliability – and the actual abilities of fingerprint examiners, for more than a century, challenges were based on legal considerations and the meaning of categorical identification for the specific proceedings. Lawyers challenged fingerprint evidence based on the circumstances in which reference prints were collected, whether fingerprint records were hearsay, whether relying on a fingerprint record is unfair because it suggests prior criminality, whether the jurors could make their own comparison and so forth. There is no reported consideration of the validity and reliability of fingerprint comparison, and no requirement for fingerprint examiners to qualify the significance of a match decision, even after the abandonment of point standards and the appearance of critical reports from the United States and Scotland, and advice from the Forensic Science Regulator. To the extent that they considered the admissibility and probative value of this prominent forensic science evidence, lawyers and judges relied heavily on proxies such as training, experience and long use. In consequence, the article considers how we should understand adversarial legal practice, the performance of lawyers and judges, as well as the implications for forensic scientists and their evidence.     

IsTeen Court effective for repeat offenders? A test of the restorative justice approach

Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.     

How many tiers of criminal justice in England and Wales? An approach to the limitation on fair trial rights

This article proposes a recognition of five tiers of criminal justice reflecting five degrees of limitation on fair trial rights instead of the traditional notion of two tiers of indictable and summary processes in England and Wales. Over the last 15 years, the radical transformation of summary criminal processes has challenged the idea of ‘two tiers of justice’. Such measures as preventive orders, out-of-court disposals and regulatory offences process, which are characterised by higher levels of restriction on due process rights in comparison with the traditional summary process in Magistrates’ Court, should be considered new tiers.     

Subdural haemorrhage sustained in a baby-rocker? A biomechanical approach to causation

An unconscious 8 weeks old infant was admitted to hospital and found to have bilateral, subdural and retinal haemorrhages. He died the following day. The explanation for the subdural haemorrhage put forward by his carers was that the infant had been in a baby-rocker and that the carers had seen the rocker being rocked vigorously by their 14 months old daughter on two separate occasions. This paper describes the biomechanics of an infant model in the particular baby-rocker used and determines the maximum forces generated, comparing them with the 'forces' thought to be compatible with the causation of subdural haemorrhage.     

Situational variables or beliefs? A multifaceted approach to understanding blame attributions

Are victim and perpetrator blame attributions affected more by situational-specific variables or observers’ basic motives and personal beliefs? In three experiments, varying the scenario setting, the effects of victim and participant age, participant gender, sympathy for the victim, trust in the justice system, belief in a just world and acceptance of rape myths were investigated. In total, 877 Swedish adolescents and adults read scenarios reflecting common acquaintance rape situations. Victim age (18 or 31) was manipulated, but did not affect attributed blame. Effects of participant age and gender varied markedly across the three experiments. Sympathy for the victim and acceptance of rape myths were stronger predictors than belief in a just world. Consistently, blame attributions were found to be more affected by personal beliefs than situational-specific variables.     

The Duty to Protect the Victim – Or the Duty to Suffer Punishment?

This paper addresses The Ends of Harm by Victor Tadros. In it, I attempted to explore some of the implications of Tadros’s theory of punishment, particularly those following from the uneasy relationship between punishment of the offender (D) and D’s duty to protect the victim (V) from future harm. Among my concerns were: the apparent underinclusiveness of Tadros’s theory of punishment; the vague and unpredictable scope of D’s liabilities; the taking away by the state of V’s right to be protected; and the lack of inherent limitations on the appropriate forms and amounts of punishment. I also questioned the true meaning of the duty incurred by D as a result of D’s wrongdoing and suggested that protection of Vs from future harm may not be as essential to Tadros’s justification of punishment as he has argued.     

A human rights-based approach to sex offender management: The key to effective public protection?

Abstract

This paper outlines recent ‘public protection’ legislation in the United States of America as a basis for considering possible outcomes when public concern and political pressures combine without due regard for efficacy and appropriate balance. It highlights concerns about the implications of policy measures developing in this way and questions whether a human-rights based approach should be applied in terms of public protection policy in order to develop more effective public protection.     

Should health authorities offer risk-sharing contracts to pharmaceutical firms? A theoretical approach

In this paper, we characterise the risk-sharing contracts that health authorities can design when they face a regulatory decision on drug pricing and reimbursement in a context of uncertainty. We focus on two types of contracts. On the one hand, the health authority can reimburse the firm for each treated patient regardless of health outcomes (non risk-sharing). Alternatively, the health authority can pay for the drug only when the patient is cured (risk-sharing contract). The optimal contract depends on the trade-off between the monitoring costs, the marginal production cost and the utility derived from treatment. A non-risk-sharing agreement will be preferred by the health authority, if patients who should not be treated impose a relatively low cost to the health system. When this cost is high, the health authority would prefer a risk-sharing agreement for relatively low monitoring costs.     

How to understand China's approach to central bank digital currency?

China's central bank digital currency (CBDC), digital yuan or e-CNY, is likely to profoundly affect the international financial system. China's CBDC is fast evolving. Understanding the influencing factors of China's CBDC will likely be crucial to explore its future direction. Major influencing factors include (i) China's perception and conception of regulation and technology, (ii) complementarity between China's preferences and CBDC development, (iii) domestic and international legitimacy, and (iv) institutional development. This paper argues that these influencing factors contribute to China's likely approach of selectively reshaping the international financial system. Given the potential wide-ranging implications of the introduction of CBDC globally, China's approach may be significant in the next evolution of money.     

Access to justice: is legal services regulation blocking the path?

Abstract

High prices and lack of innovation have placed expert legal services beyond the reach of too many Americans and Canadians. Is legal services regulation exacerbating common law North America's access to justice problem? Does regulatory maintenance of a unified legal profession, and insulation of that profession from non-lawyer influence, make it more difficult for people here to meet their legal needs? This article argues that, although regulatory liberalization is not a magic bullet for the accessibility of justice, there is strong evidence of a link between regulation and access. North American lawyer regulators need to understand, and work to reduce, the effects of their policies on the accessibility of justice.     

Sustainability through an integrated approach to decision making? A law and regulation case study

Many legal fields are relevant to all kinds of problems; however, decision makers often take a narrow approach, looking only at the base of the claim or the issue they are established to consider. This can led to imbalanced outcomes. There is a particular risk of this in respect of decisions regarding key societal challenges, which might be the subject of law and policymaking from several different perspectives. This paper explores the need and bases for a more integrated approach to decision making. It does so using a case study, and explores a range of laws that could be relevant to a business seeking to use technology and resources that could address climate change, the different decisions that courts can make (with a focus on the nature of the action, outcome and forum), and the resulting conflicts, synergies and areas of enquiry.     

Police Response to Intimate Partner Violence in Canada: Do Victim Characteristics Matter?

This study examines the role of sociodemographic factors and violence characteristics in influencing women's reporting behaviors and types of police intervention received in response to intimate partner violence (IPV) in Canada. A subset of female respondents to Canada's 1999 General Social Survey who experienced physical or sexual IPV by a male perpetrator and who had contact with the police as a result of the violence was used for this analysis (n = 383). Findings suggest significant racial, economic, and social variations in women's motivation for self-reporting violence to the police as well as in the types of law enforcement interventions administered by police in response to reports of IPV. Implications for policy development are examined.     

A left realist approach to antifeminist fathers’ rights groups

Despite earlier critiques of left realists’ failure to adequately address feminist concerns, recent left realist theorizing and empirical research have made valuable contributions to the understanding of woman abuse and other forms of gendered violence. Left realism has further potential to contribute to the criminological understanding of woman abuse and its contributing socioeconomic and cultural contexts. This article describes left realists’ early efforts to include gender in analyses of crime. It then summarizes feminist critiques of left realism and reviews the work that has responded to them. Drawing upon two prominent strands of feminist left realist theorizing about violence and gender, the paper proposes a preliminary left realist theory of antifeminist fathers’ rights group activism. It then outlines a provisional research agenda on antifeminist fathers’ rights groups, and proposes short and long term policies and practices to enhance the safety of abused mothers and their children following divorce or separation.     

A Tarasoff for Europe? A European Human Rights perspective on the duty to protect

It has long been recognised by British courts that a psychiatrist can be permitted to depart from his/her duty of confidentiality, in order to issue a warning where a patient is deemed to present a real and serious threat to other parties. Until recently, however, it seemed that s/he would not be bound to give such a warning, or to take other steps to protect third parties. The approach adopted throughout much of the USA, and famously expounded in the Tarasoff judgment, appeared to have no relevance to British law. This article considers the possibility that the European Court of Human Rights' ruling in Osman v UK may be set to bring about a radical change in this respect, introducing something akin to the Tarasoff approach into the UK, and indeed throughout Europe. As well as the possible legal basis for such a duty, and the circumstances in which it would arise, it will consider how a psychiatrist might reconcile any such duty with other, more established, legal and ethical duties.     

Can experts help jurors to evaluate eyewitness evidence? A review of eyewitness expert effects

Courts occasionally permit psychologists to present expert evidence in an attempt to help jurors evaluate eyewitness identification evidence. This paper reviews research assessing the impact of this expert evidence, which we argue should aim to increase jurors' ability to discriminate accurate from inaccurate identifications. With this in mind we identify three different research designs, two indirectly measuring the expert's impact on juror discrimination accuracy and one which directly assesses its effect on this measure. Across a total of 24 experiments, three have used the superior direct methodology, only one of which provides evidence that expert testimony can improve jurors' ability to discriminate between accurate and inaccurate eyewitness identifications.     

Plea bargaining in the Nigerian criminal justice system: A procedural tool for loot recovery or justice administration?

Crime, Law and Social Change - Plea bargaining is one of the procedural tools introduced into the Nigerian Criminal Justice System to ensure quick dispensation of justice, save time and resources...