Expert Evidence,Judicial Reasoning,and the Family Courts Information Pilot

The Family Courts Information Pilot took a modest step towards open justice in Children Act cases by publishing 161 judgments of the County Courts and Family Proceedings Courts. Combining socio‐legal and philosophical analysis on lines inspired by the work of Habermas, this article examines the epistemology of expert testimony implicit in the judgments. What emerges is a form of reasoning based on ‘inference to the best explanation’: judges seek to show that the best explanation for experts saying what they do is that they have good reasons for their opinions. While this approach is not blindly deferential, it has serious limitations in cases where the only experts are local authority social workers and the guardian, and an awareness of these limitations is one reason for the courts' willingness to allow other experts to be instructed. The article also criticizes the analysis of the courts’ use of experts by the recent Family Justice Review.     

The balanced scorecard: Sustainable performance assessment for forensic laboratories

The purpose of this article is to introduce the concept of the balanced scorecard into the laboratory management environment. The balanced scorecard is a performance measurement matrix designed to capture financial and non-financial metrics that provide insight into the critical success factors for an organization, effectively aligning organization strategy to key performance objectives. The scorecard helps organizational leaders by providing balance from two perspectives. First, it ensures an appropriate mix of performance metrics from across the organization to achieve operational excellence; thereby the balanced scorecard ensures that no single or limited group of metrics dominates the assessment process, possibly leading to long-term inferior performance. Second, the balanced scorecard helps leaders offset short term performance pressures by giving recognition and weight to long-term laboratory needs that, if not properly addressed, might jeopardize future laboratory performance.     

Moral strangers or fellow travellers? Contemporary perspectives on offender rehabilitation

This article is a response to the two previous articles in this issue (Polaschek, 2012, and McNeill, 2012), which make up the hot topic debate on offender rehabilitation.     

Assessing desistance in child molesters: a qualitative analysis

The aim of the study was to investigate the process of desistance from sexual crime by comparing two groups of child molesters: One group was deemed to be desisting, while men in the other group were deemed as being still potentially active offenders. Men in the desisting group reported being optimistic for the future, reported an enhanced sense of personal agency and a more internalized locus of control, and identified treatment as being a turning point in their lives. In comparison, men in the active group were found to be more pessimistic and were more likely to blame external events, or situations, for their problems. One of the most striking findings of the research was that the desisting group had found a place within a social group or network, unlike the still potentially active offenders who all described a life of social isolation and alienation.     

An unusual case of identification by DNA analysis of siblings

A badly decomposed body required identification by means of DNA analysis. A brother and sister of the deceased were available as reference subjects. Although investigation of Y-chromosomal markers established an exclusion condition, autosomal markers suggested a positive identification. In order to increase the reliability of the tests, X-chromosomal markers were also investigated. This analysis showed the body to have an XXY genotype (Klinefelter's syndrome). A number of hypotheses were assessed using biostatistical methods, ultimately resulting in a definite identification. The special aspect of Klinefelter's syndrome proved highly useful for biostatistical analysis.     

Colonia Housing Conditions in Model Subdivisions: A Déjà Vu for Policy Makers

The informal self-help settlements in Texas known as colonias have received considerable attention as a public policy problem at both the state and federal levels. These settlements proliferated throughout the border region since the late 1970s and research has highlighted the extreme poverty, austere levels of infrastructure, exploitative land sale practices, and poor housing conditions that characterized these settlements. However, both scholars and policymakers have overlooked the continued spread of self-help settlements known as “model subdivisions,” which barring the presence of basic water, wastewater, and electricity services, are nearly identical to colonias. We present the results of household surveys conducted with residents in 24 model subdivisions in Hidalgo County, Texas, in June 2014. The results suggest that, unbeknown to legislators, many of the problems that characterized colonias are now being reproduced in hundreds of model subdivisions that have formed since the 1990s, and which now require concerted attention and intervention by policy makers.     

Senior Public Servants,Political Discrimination and Dismissals

In recent years literature on public administration in Australia has often referred to the increasing politicisation of both the federal and state public services. Increasingly, senior members of the bureaucracy are appointed on contract. Such contracts can often be terminated without the need to give reasons. Presumably some dismissals will be motivated by partisan, or party‐political, considerations. Where this is so, what role might there be for anti‐discrimination legislation, particularly that denying discrimination on the grounds of political belief or activity in the workplace?