Rethinking the presumption of innocence

This article is concerned with what constitutes interference with the presumption of innocence and what justifications there might be for such interference. It provides a defence of a theory of the presumption of innocence that suggests that the right is interfered with if the offence warrants conviction of defendants who are not the intended target of the offence. This thesis is defended against two alternative theories. It then considers what might justify interference with the presumption of innocence. It explores the idea that interference is justified if it is necessary in a democratic society and considers the presumption in relation to the aims of the criminal trial. It is concluded that no good grounds have been provided for interference with the right, and that the right should be regarded as inviolable.

Upper‐Bounding the Incidence Rate of Associations Between Camouflage Uniforms and Surveillance Images*

Abstract: Camouflage garments can be associated with surveillance images of a crime scene even in the absence of unique wear marks or very high‐quality images. However, the probability of an accidental association, or incidence rate, is significant. The present work describes and validates a method for estimating the incidence rate based on a statistical model of the garment manufacturing process. The model was developed primarily for use with the current U.S. Army Combat Uniform (ACU), but can be applied to any camouflage garment. Eight garment manufacturers were studied, and all sources of variation in the manufacturing process were characterized. The marking and spreading procedures were found to be dominant and consistent sources of variation. However, some sources of variation, in particular those because of human operators, were not consistent enough to accurately characterize. Sources of variation that could not be well‐characterized were ignored in the statistical model, yielding a worst‐case estimate that is an upper‐bound to the true incidence rate. The model was evaluated for a variety of cases. Depending on the quality of the surveillance image, the manufacturing parameters, and the local population, incidence rates range from about 3% to negligibly small. The model was validated by returning to one manufacturer, and sampling a large number of completed garments and estimating empirical match probabilities. The empirical probabilities validated the estimates of the worst‐case incidence rate and also demonstrated that typical incidence rates are significantly lower.     

Measuring Meritocracy in the Public Sector in Europe: a New National and Sub-National Indicator

Since the late nineteenth century, the presence of an independent and meritocratic bureaucracy has been posited as an advantage for effective bureaucratic behaviour and a means of limiting patrimonial networks and corruption, among other benefits. There is little consensus on how the features of an independent and meritocratic bureaucracy should be measured across countries, however, and broad empirical studies are therefore rare. What is more, the few such studies that exist have advanced measures which are constructed exclusively on expert surveys. Although these have indeed contributed to the knowledge in the field, the data on which they are built come with problems. This paper proposes a set of novel measures that complement existing measures and thus fill important gaps in this burgeoning literature. The measures we present are not based on expert assessments but on perceptions of public sector employees’ and citizens’. We create two measures—that can be combined into one—from a recent survey (2013) of over 85,000 citizens in 24 European countries. One is purely based on the assessments from public sector employees’ and the other is based on perceptions of citizens working outside the public sector. The paper also discusses the survey and explores the external validity of the measures provided here, showing correlations with alternative measures based on expert opinions, as well as variables from the literature that we would expect to correlate highly with a meritocratic bureaucracy.     

Nigeria's bureaucratized ombudsman system: An insight into the problem of bureaucratization in a developing country

This paper is a case study of the bureaucratization process in Nigeria's ombudsman institution, otherwise known as the Public Complaints Commission. Proceeding from the premise that the efficacy of modern bureaucratic organizations is predicated on the ability to control bureau—pathologies, an attempt is made to determine success in keeping the bureaucracy in the Public Complaints Commission at an optimum level and thereby mitigating possible negative consequences. The paper argues that, contrary to the situation in most other places, Nigeria's ombudsman institution has developed into an enormous, wasteful and inefficient bureaucracy. The reasons for this situation are largely sociocultural. The Public Complaints Commission has a long history of close, intimate association with the civil service. This has transformed the Commission, more or less, into an arm of the civil service and virtually eliminated its unique ombudsman features. The situation of the Public Complaints Commission is, of course, not peculiar. It is true of most other non-civil service institutions, such as public enterprises and educational institutions, in Nigeria and most other developing countries. The paper concludes with a number of policy suggestions.