Detention Short of Arrest For Questioning in England: An Update

This research sampled 163 nations of the world to determine the use and non-use of capital punishment for 1980–85. The first conclusion was that the majority of the nations do have a legal device to administer capital punishment (77% with Yes; N = 126). The 22 nations who executed averaged 4.2 executions, per year. When the other nations are factored in, the average is 1.57 “official executions” per year (N = 163). Many nations have the legal device to execute, but few do. The top nations reporting were South Africa with 111, and Mauritius with 25 (per year 1980–85).

The average age for execution for the 42 reporting nations was 18. The United States of America was the only nation reporting for less than 16 years old. The following “methods of execution” were reported:

1.

Hanging (N = 26, 57%)

2.

Shooting (N = 11, 24%)

3.

Beheading (N = 7, 15%)

Nations also excluded from the death penalty for the following reasons:

1.

Mental Illness

2.

Juveniles

3.

Pregnant Woman

Only 7 nations reported “open” or “public” executions.     

Book reviews

Computer Law (4th edition) Colin Tapper Longman ISBN CSD 0 582 05932 1 £22.50 PPR 0 582 02491 1 £35.00

Further Computer Contracts M‐T Michèle Rennie Sweet and Maxwell 1989. ISBN 0 421 40330 6

Formalism in AI and Computer Science Philip Leith Ellis Horwood 1990. ISBN 1 3325549 2

Electronically Recorded Evidence ‐ A Guide to the Use of Tape and Video Recordings in Criminal and Civil Proceedings Sybil Sharpe Fourmat Publishing 1989. ISBN 1 85190 071 3

Computer Law Chris Reed(ed) Blackstone Press Limited 1990. ISBN 1 85 431037 2

EDI and American Law: A Practical Guide Benjamin Wright Electronic Data Interchange Association 1989. ISBN 0 96 238750 9

Computer Software Protection and Semiconductor Chips Dr Dirk Schroeder (Butterworth's Current EC Legal Developments Series) 1990. ISBN 0 406 04021 4

Computers and the Law David I Bainbridge (Pitman) 1990. ISBN 0 273 03170 8     

Book reviews

Electronic Contracting, Publishing, and EDI Law Michael S Baum and Henry H Perritt, Jr Wiley Law Publications 1991. ISBN Q 471 53135 9

The Law of Electronic Commerce: EDI, Fax and E‐Mail Technology, Proof and Liability Benjamin Wright Little, Brown and Company 1991. ISBN Q 316 95632 5 $95

Crime and the Computer Martin Wasik Oxford University Press 1991. ISBN 0 19 825621 3 £35

Broadcasting: the New Law Nicholas Reville Butterworths ISBN 0 406 001375 £16

Regulating the Media Thomas Gibbons Sweet and Maxwell ISBN 0 421 37450 0 £27.50

Legal Protection of Computer Software Ranald Robertson Longman 1991. ISBN 0 851 21684 6 £35

The Computerised Lawyer: a Guide to the Use of Computers in the Legal Profession Philip Leith Springer‐Verlag 1991.

Winning with Computers: Trial Practice in the 21st Century John C Tredennick Jr, Editor ABA Section on Law Practice Management 1991. ISBN 0 89707 658 3 $90

The Age of Information Stephen Saxby Macmillan 1990. ISBN 0 333 54832 9 £25

Computer Security: Hackers Penetrate DOD Computer Systems: Testimony before the Subcommittee on Government Information and Regulation, Committee on Governmental Affairs, United States Senate (A General Accounting Office Report) James Brock, Jr 1991. GAO/T‐IMTEC‐92–5

Computer Contracts Morgan and Stedman (4th Edition) Longman Commercial Series 1991. ISBN 0–85121–6854 £60     

Book reviews

D. Leebart (ed.), The Future of Software, The MIT Press, 1995. Hardcover, £19.95, 300 pp, ISBN 0‐262‐12184‐0

David Bainbridge, Software Copyright Law, 2nd edn, Butterworths, 1994. Softcover £35.00, 272 + xvi pp. ISBN 0‐406‐04841‐X

Andrew Christie, Integrated Circuits and Their Contents: International Protection, Sweet & Maxwell, 1995. Hardcover, £85.00. ISBN 0‐421‐48380‐6

S. White, S. Bate and T. Johnson, Satellite Communications in Europe: Law & Regulation, 2nd edn, FT Tax and Law, 1996. Hardcover, £135.00 xlvi + 456 pp. ISBN 0‐752‐002119‐8

A. Valente, Legal Knowledge Engineering: a Modelling Approach. Frontiers in Artificial Intelligence and Applications, Volume 30, IOS Press, 1995. Softcover, £52.00, 227 pp. ISBN 90‐5199‐23‐0

Professor Christopher Arnold, Outsourcing Contracts, Pearson Professional, 1995. 114 pp.     

Book reviews

Handbook of Legal Information Retrieval Edited by J Bing, Norwegian Research Centre for Computers and Law, Oslo, in co‐operation with T Fjeldvig, T Harvold and R Svoboda North‐Holland 1984, US $96.25

Information Technology: The Challenge to Copyright. James Lahore, Gerald Dworkin and Yvonne Smyth Sweet & Maxwell and The Centre for Commercial Law Studies 1984, £12.00

Data Processing and the Law Edited by Colin Campbell Sweet and Maxwell 1984, £20.00

Le droit des Contrats Informatiques — Principes — Applications Centre de Recherches informatique et droit des Facultes Universitaires de Namur Maison Ferdinand Larder (Brussels), 1983, 45 FB

Computer Insecurity Adrian R.D. Norman Chapman and Hall 1983, £14.95

The Data Protection Act Richard Sizer and Philip Newman Gower Publishing, 1984, £16.95

The Data Protection Act 1984 Professor Bryan Niblett Oyez Longman Publishing, 1984, £18.00

The Data Protection Act 1984 — A Guide to the New Legislation J. A. L. Sterling CCH Editions, 1984, £15.00

Privacy and Data Protection — An International Bibliography Professor David H. Flaherty Mansell Publishing, 1984, £23.50

Computer Contracts R Morgan & G Stedman Oyez Longman Publishing 1984, 2nd Edition, £27.50

Computer Contracts Handbook Michele Rennie Sweet & Maxwell 1984, £15.00

Computer Contracts — An International Guide to Agreements and Software Protection Hilary Pearson Financial training 1984, £14.95     

Book reviews

Music and Video Private Copying: An International Survey of the Problem and the Law Gillian Davies and Michèle E. Hung 1993 Sweet & Maxwell P. 280 £40.00 ISBN 0‐421‐48450‐0

Publishing and Multimedia Law Michael Henry 1994, London: Butterworths Pp. xxviii + 820 + diskette (hardback)

Blackstone's Guide to the Trade Marks Act 1991 Ruth Annand and Helen Norman Pp. 411 £19.95     

University visitor revisited. Part 2

The House of Lords not convinced by the New Zealand innovation

     

Crime and Delinquency Prevention in Some European Countries

As part of a larger study on crime and delinquency prevention programs in North America, the authors visited four European countries, Belgium, France, Germany and Switzerland in order to compare prevention programs and their evaluation.

The authors found that the systematic study of the programmatic effectiveness and efficiency of crime and delinquency prevention is unknown to European practitioners and researchers.

The authors describe in this article six European crime and delinquency prevention programs: family case-work, leisure activities, community organization, crisis intervention centers, information for victims and prevention police activities.     

Book reviews

An Artificial Intelligence Approach to Legal Reasoning Anne Von Der Leith Gardner MIT Press 1987. £20.25

Design—The Modern Law and Practice Ian Morris and Barry Quest Butterworths. 1987. £45

Computers and the Law Richard Mawry and Keith Salmon BSP Professional Books,(Oxford, London, Edinburgh) 1988, £19.95

Television by Satellite—Legal Aspects Stephen de B. Bate (ed.) ESC Publishing Limited. 1987. £32.75.

Computer Software: Legal Protection in the United Kingdom Henry Carr E.S.C. Publishing Ltd 1987, £32.50.

Patents in Chemistry and Biotechnology Philip W Grubb Clarendon Press 1987. £12.50.

The International Handbook on Computer Crime Computer‐related Economic Crime and the Infringements of Privacy Ulrich Sieber John Wiley & Sons 1987. £24.95.

Computer Law: Theory and Practice Naomi Assia Advocate     

Overcrowding and Inmate Fatalities

A number of theorists have suggested that prison overcrowding produces greater tendencies toward violence and interpersonal aggression. Empirical studies of the effects of overcrowding on the prison population have been conducted on individual inmate buffer zones, or have focussed on specific institutions within a state or federal prison system.

This paper reevaluates the relationship between prison overcrowding and inmate violence using official data reported for fifty-one (N = 51) Departments of Corrections reported in the Sourcebook of Criminal Justice Statistics.

Results of the analysis indicate that although overcrowding relates to the number of suicides and homicides in expected directions, these connections reverse themselves as indicators of inmate violence are translated into percentages of respective inmate populations.

The number of suicides reported explains a significant (R² = .27) portion of the variance in the number of homicides and clearly suggests that both forms of violence tend to occur together in state reporting areas.     

Book reviews

Word Processing for Solicitors, Kevin Townsend and Kate Taphouse, Gower Publishing, 1983 £12.50

Computer Law, Colin Tapper, Longman, London and New York, 1983 Third Edition, £9.50

Understanding Computer Contracts, Martin Edwards, Waterlow Publishers, 1983 £6.50

Data Protection: Perspectives on Information Privacy, Edited by Colin Bourn & John Benyon, Department of Adult Education, University of Leicester, 1983 £5

The Computer in Court, Alistair Kelman and Richard Sizer, Gower Publishing Company, 1982 £15.50

Principles of Database Systems, Jeffrey D Ullman, Pitman Publishing Ltd, 1982 Second Edition £13.95

Computers and the Law Teacher, A report of the proceedings of a conference held at North Staffordshire Polytechnic, Edited by David V Marshall, North Staffordshire Polytechnic, 1983 £3     

Book reviews

Transborder Data Flows (Proceedings of an OECD Conference) Edited by Hans‐Peter Gassmann North Holland (Elsevier Science Publishers) 1985, US$74.00

Plastic and Electronic Money: New Payment Systems and Their Implications Patrick Frazer Woodhead Faulkner Limited 1985 £35

A User's Guide To Computer Contracting: Forms, Techniques and Strategies Davis, Allen, Bowman and Armstrong Harcourt Brace Jovanovich 1985, $75

Legal Protection of Computer Programs and Data C. Millard Sweet & Maxwell/Stevens 1985, £24

Piracy of Phonograms Gillian Davies ESC Publishing Ltd. 1986. 2nd edition. £17.95.

Biotechnology and Patent Protection—An International Review F. K. Beier, R. S. Crespi and J. Straus O.E.C.D. 1985, £5

Protecting Privacy in Two‐Way Electronic Services David H. Flaherty Mansell Publishing Company 1985, £23.50

High‐Tech Espionage Jay Tuck Sidgwick and Jackson Ltd 1980, £10.95     

Self-injury group psychotherapy intervention for young offenders: a pilot study

Objective: Self-injury (SI) is a significant and growing problem with the prison estate and a particularly acute issue with young offenders. Despite this, there are no evidence-based interventions for Young Offenders with SI difficulties. The Self-Injury Group Psychotherapy Intervention (SIGPI) was developed to target this.

Method: Drawing on existing evidence, the group was developed and piloted on a sample of 12 male Young Offenders (mean age 19.85 years) in custody with a history of SI. Participants were measured on observable SI behaviour, SI thoughts and urges and psychological distress. A within subject design was utilised with measures at baseline, 6 months and 1 year.

Results: At 12 months follow-up, a significant reduction in SI acts, time spent on SI monitoring, severity of urges and difficulty resisting SI. Psychological distress was also reduced.

Conclusions: SIGPI could be a potentially promising intervention and further investigation into its efficacy is warranted.     

Book reviews

Computer Software — Legal Protection in the United Kingdom, 2nd edition Henry Carr and Richard Arnold Sweet and Maxwell 1992. ISBN 0 421 44380 4 £45

Legal Protection of Computer Programs in Europe — a Guide to the EC Directive Bridget Czarnota and Robert J Hart Butterworths 1991. ISBN 0 406 00542 7

Intellectual Property Rights in Sound Recordings, Film and Video J A L Sterling Sweet and Maxwell 1992. ISBN 0 421 4570 9

The European Market Place James Hogan Macmillan 1991. ISBN 0 333 51858 6

Intellectual Property D Bainbridge Pitman 1992. ISBN 0 273 034265 X     

Two “Wrongs” Make a Right to Coverage: When Waiver or Estoppel Precludes an Insurer's Breach of Cooperation Defense

Liability insurance policies almost always contain a provision requiring the policyholder to cooperate with the insurance company in various ways. An insured's failure to comply with such a condition may preclude coverage. When an insurer asserts a breach of the cooperation provision defense to a claim for coverage, however, the insured may counter that the insurer either waived, or is estopped from relying on, the cooperation provision. This article provides a brief outline of waiver/estoppel issues to be considered in evaluating an insurer's conduct when it asserts a non-cooperation defense.

“When you point your finger at someone, three fingers are pointing back at you.”

—Anonymous     

Constitutional Changes and the Russian Philosophy of Justice

On October 7, 1977, the sixtieth anniversary of the Russian Revolution, a new constitution was unveiled. Unlike earlier constitutions which emphasized repression and exploitation, the current constitution represents the latest progressive step on the road to a complete communist state.

Although the public was involved in the revisions made in the constitution, it is believed that their input was cosmetic. The power of the Communist Party was strengthened, however; and from this one might conclude that the system of justice is also party controlled.

On paper many provisions of the Soviet right to due process are similar to those in the United States. The major difference is that these rights may be denied a citizen charged with a crime. A follow-up to the new constitution is to be the recodification of the entire Russian criminal code by 1985.     

Jesus and police brutality

The name, Jesus, evokes different responses from people. Some believe that he was an impostor; others see him as a philosopher; others, a prophet; and, still others, the ‘'Redeemer.’’ But, most would likely agree that Jesus was the most heralded victim of police brutality in Western History.

This paper is an objective treatment of how the ancient Roman police went ‘'out of control'’ on the first Good Friday in their mistreatment of the prisoner, Jesus, and what lessons can be learned to help us cope with today's pandemic problem, police abuse.

This writer herein describes the organization of the criminal justice system in the ancient Roman provinces and the occupational pressures exerted on the individual police officer. This article brings to bear profile information available on the Roman police and suggests how their propensities could manifest themselves in the abuse of prisoners, such as Jesus. Identifying the striking similarities between the self‐image of the ancient Roman police officer and his present day counterpart, the writer offers insights to help understand today's incidents of police brutality and provides lessons for reducing their frequency.

Rather than leave the police officer with a low opinion of his or her profession, the writer identifies several Roman officers who treated Jesus with respect and courtesy and hence can serve as role models in treating the general public.     

Information technology in complex civil litigation in England and Wales

The use of information technology in civil litigation in England and Wales is in its infancy. In particular, litigation support systems are used by few,¹ and only within some solicitors’ offices and barristers’ chambers. The process of litigation support has not yet been taken from the solicitor's office into the court room.

Complex litigation is an area of legal practice particularly apt to benefit from the use of modern information technology both before trial and during the trial. Complex litigation involves such a diversity of issues, allegations of fact, and divergent opinions as to be difficult to retain within the short term memory of one human brain for the length of time taken by the exposition of the evidence and argument followed by judicial analysis and expression of the judgment.

This type of litigation also benefits from intervention by the Court in the preparations for trial, and in that endeavour information technology would also be most helpful.

In this article I shall try to review in very general terms what is done and what could be attempted. I shall generally concentrate on civil rather than criminal litigation.

The views expressed are my views alone.