Rethinking the Merit Principle in Judicial Selection

Against the background of the continuing lack of diversity in the makeup of the judiciary in England and Wales, this article explores the reasons behind the consistent rejection of affirmative action policies in relation to the judicial appointment process. It examines the relationship between affirmative action and the merit principle in this context and argues that the belief that the two are inherently in tension rests on implicit assumptions about both which are open to question.     

Differences in HIV-related knowledge, attitudes, and behavior among psychiatric outpatients with and without a history of a sexually transmitted infection

HIV infection among the mentally ill is estimated to be at least eight times the prevalence in the general population. Psychiatric patients may also be disproportionately vulnerable to other sexually transmitted infections (STIs), but this has not been well studied. We sought to characterize the prevalence and correlates of STIs in a sample of psychiatric outpatients (N=464). Over one-third of the sample (38%) reported a lifetime history of one or more STIs. Multivariate analyses showed that, relative to those without an STI history, patients with a lifetime STI history were more knowledgeable about HIV, expressed stronger intentions to use condoms, and perceived themselves to be at greater risk for HIV. However, those with a past STI were also more likely to report sex with multiple partners and reported more frequent unprotected sex in the past 3 months. Treatment for an STI may increase HIV knowledge and risk reduction motivation, but does not necessarily lead to changes in sexual risk behavior among psychiatric patients. Findings highlight the need for STI/ HIV risk reduction interventions in psychiatric settings, particularly for patients with high-risk profiles.     

The unintended impact of the therapeutic intentions of the New Zealand Mental Health Review Tribunal? Therapeutic jurisprudence perspectives

Mental health review bodies engage in complex decision-making that may explicitly incorporate a therapeutic philosophy. Examination of select decisions of the New Zealand Mental Health Review Tribunal offers a foundation for understanding some implications of a pro-therapeutic approach. This analysis draws upon therapeutic jurisprudence scholarship in relation to three aspects of the hearings as documented in the written decisions: advocacy, therapeutic intervention, and the dignitary potential of the proceedings. The research explores the unintended consequences of a pro-therapeutic approach and evaluates the potential application of therapeutic jurisprudence within a mental health law context.     

Text Matters: Some Reflections on the Forging of a New Constitutional Jurisprudence in South Africa

The South African Constitution establishes a constitutional democracy with a strong form of constitutional review. The Constitutional Court is required to declare invalid any legislation or conduct of the President which is inconsistent with the Constitution. The author, a former judge of the Constitutional Court, argues that the text of the Constitution has been an important determinant of the Court's jurisprudence, both in relation to the Court's jurisprudence concerning the institutional structures established by the Constitution and its Bill of Rights jurisprudence.     

The AFSP Standard - a lesson for law enforcement agencies

Compliance with the AFSP (Association of Forensic Science Providers) Standard [1] which concerns the formulation of an evaluative opinion requires consideration of the defence case. This can be problematic for forensic scientists working with or for law enforcement agencies. Among the aims of law enforcement agencies is to secure a conviction while in many jurisdictions the forensic scientist owes an overriding duty to the Court. This casework report demonstrates that early consideration of the defence case by a forensic scientist complying with the AFSP Standard may help rather than hinder the prosecution. The dichotomy as to a conflict of interest for the scientist between supporting the police/prosecutors and being scientifically objective is shown to be a false dichotomy. Compliance with the Standard ensures that science is a better servant of justice.     

Child maltreatment histories among female inmates reporting inmate on inmate sexual victimization in prison: the mediating role of emotion dysregulation

Despite data indicating that child maltreatment (CM) in various forms is associated with adult sexual victimization among community women, few studies have explicitly explored how types of CM might relate to prison sexual victimization. Because little is known about how CM might give rise to prison sexual victimization, the present study also examined emotion dysregulation emanating from early abuse experiences as a potential mediator in the link between early CM and inmate-on-inmate prison sexual victimization. Approximately 168 incarcerated women completed self-report inventories assessing various types of childhood maltreatment, emotion dysregulation, and coerced or forced sexual experiences in prison. Nearly 77% of the sample endorsed experiencing at least one form of CM, with 64% of inmates reporting that they experienced two or more forms of CM. Approximately 9% of inmates reported sexual coercion and 22% reported a forced sexual experience in prison. Each form of CM was associated with prison sexual coercion; however, fewer associations emerged between CM and forced prison sexual experiences. Emotion dysregulation was found to mediate links between CM, particularly co-occurring CM, and sexual coercion in prison, but it was unrelated to forced prison sexual experiences. Implications are discussed.