Prosecuting 'Gross' Medical Negligence: Manslaughter, Discretion, and the Crown Prosecution Service

This article examines prosecutions of health care professionals for gross negligence manslaughter following fatal errors committed in the course of their work. Unease has long surrounded the use of 'gross negligence' as a form of criminal liability, and particularly as it applies to health care professions operating in high-risk settings. The recent dramatic rise of such prosecutions calls for a closer understanding of the processes by which important prosecutorial decisions are made. In particular, this calls for an investigation into the exercise of discretion by prosecutors in interpreting the loosely defined and contested concept of gross negligence. This article analyses data obtained from a statistical analysis of 'medical manslaughter' cases and also from interviews with crown prosecutors. Discussion of the main findings leads to the conclusion that the offence of gross negligence manslaughter is incapable of any objective and fair measurement and ought to be abolished.     

A: Reviews: General

AN INTRODUCTION TO THE HADITH. By John Burton. (Islamic Surveys.) Edinburgh, Edinburgh University Press, 1994. 210 pp. £39.95 (hb); £16.95 (pb).

POLITICS, GENDER, AND THE ISLAMIC PAST: THE LEGACY OF ‘A'ISHA BINT ABI BAKR. By D. A. Spellberg. New York, Columbia University Press, 1995. 250 pp. $35.00.

MEDIEVAL ISMA'ILI HISTORY AND THOUGHT. Edited by Farhad Daftary. Cambridge, Cambridge University Press, 1996. 331 pp. £40.00

THE THRONE CARRIER OF GOD: THE LIFE AND THOUGHT OF ‘ALA’ AD‐DAWLA AS‐SIMNANI. By Jamal J. Elias. Albany, State University of New York Press, 1995. 260 pp. $16.95

OTTOMAN SEAPOWER AND LEVANTINE DIPLOMACY IN THE AGE OF DISCOVERY. By Palmira Brummett. (SUNY Series in the Social and Economic History of the Middle East.) New York, State University of New York Press, 1994. xvi, 285 pp. 2 maps, 7 plates. $19.95.

HAIFA: TRANSFORMATION OF AN ARAB SOCIETY, 1918–1939. By May Seikaly. London, I. B. Tauris, 1995. 284 pp. £39.50 (hb).

THE FORMATION OF MODERN SYRIA AND IRAQ. By Eliezer Tauber. London, Frank Cass, 1995. 427 pp. £30.00 (hb); £15.00 (pb).

IRAQ: POWER AND SOCIETY. Edited by Derek Hopwood, Habib Ishow and Thomas Koszinowski. (St Antony's Middle East monographs, 29.) Reading, Ithaca Press, 1993. viii, 400 pp. £30.00.

SECRET WAR IN THE MIDDLE EAST: THE COVERT STRUGGLE FOR SYRIA, 1949–61. By Andrew Rathmell. London and New York, I. B. Tauris, 1995. 256 pp. £39.50.

LEBANON: A SHATTERED COUNTRY. By Elizabeth Picard. Translated from the French [Liban: État de discorde] by Franklin Philip. New York and London, Holmes & Meier, 1996. xii, 202 pp. £29.95.

THE ISLAMIST DILEMMA: THE POLITICAL ROLE OF ISLAMIST MOVEMENTS IN THE CONTEMPORARY ARAB WORLD. Edited by Laura Guazzone. Reading, Ithaca Press, 1995. 390 pp. £45.00.

ISLAM AND THE MYTH OF CONFRONTATION: RELIGION AND POLITICS IN THE MIDDLE EAST. By Fred Halliday. London and New York, I. B. Tauris, 1996. 256 pp. £35.00 (hb); £12.95 (pb).

THE MIDDLE EAST IN THE NEW WORLD ORDER. Edited by Haifaa A. Jawad. Basingstoke, St Martins Press/Macmillan, 1994. viii, 154 pp. $35 (hb).

CONFIDENCE BUILDING AND VERIFICATION: PROSPECTS IN THE MIDDLE EAST. Edited by Shai Feldman. (Jaffee Centre for Strategic Studies Study, 25.) Published jointly by the Jerusalem Post and Westview Press, Boulder, 1994. 255 pp. £28.50 (hb).

CHILDREN IN THE MUSLIM MIDDLE EAST. Edited by Elizabeth Warnock Fernea. Austin, University of Texas Press, 1995. xviii, 477 pp., photographs. $22.50 (hb).

THE HISTORY OF THE MAZRU'I DYNASTY OF MOMBASA. By Al‐Amin Bin ‘Ali Al Mazru'i. Translated and annotated by J. McL. Ritchie (Union Académique Interna‐tionale/Fontes Historiae Africanae: Series Arabica XI.) Published for the British Academy by Oxford University Press, 1995. x, 182, 76 pp. £27.50 (hb).

AN INTRODUCTION TO ARAB POETICS. By Adonis. Translated from the Arabic by Catherine Cobham. London, Saqi Books, 1990. 108 pp.

ANTHOLOGY OF MODERN PALESTINIAN LITERATURE. Edited by Salma Khadra Jayyusi. New York, Columbia University Press, 1992. 744 pp. $34.95.

THE EYE OF THE MIRROR. By Liana Badr. Translated by Samira Kawar. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 264 pp. £8.95 (pb).

THE GOLDEN CHARIOT. By Salwa Bakr. Translated by Dinah Manisty. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 193 pp. £ 8.95 (pb).

THE STONE OF LAUGHTER. By Hoda Barakat. Translated by Sophie Bennett. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 231 pp. £ 8.95 (pb).

AL‐KITAAB FII TA'ALLUM AL‐'ARABIYYA (A TEXTBOOK FOR BEGINNING ARABIC). By Kristen Brustad, Mahmoud Al‐Batal and Abbas Al‐Tonsi. Washington, DC, Georgetown University Press, 1995. Introduction 224 pp., textbook 480 pp., videotapes, cassettes.

DAS MUTAFI‐LAZISCHE. Edited by Silvia Kutscher, Johanna Mattissen and Anke Wodarg. (Arbeitspapier, Nr. 24, Neue Folge.) Köln, Institut für Sprachwissenschaft Universität zu Köln, 1995. 136 pp.

GRAMATIKA JEZYKA KRYMSKOTATARSKIEGO. By Henryk Jankowski. (Seria Jezykoznawstwo, Nr. 15.) Poznań, Uniwersytet Im. Adama Mickiewicza, 1992. xviii, 455 pp.

CULINARY CULTURES OF THE MIDDLE EAST. Edited by Richard Tapper and Sami Zubaida. London, New York, I. B. Tauris, 1994. 302 pp. £34.50 (hb).     

Evaluating a new computer-based system for face recall

The Computer-Aided Design Centre has developed a new face recall system which enables a witness to construct the image of a suspect on a television screen. The system currently uses the Photofit library and method of construction. Likenesses of target faces produced by subjects (n=36) using the new system were compared to conventional Photofits produced by a second group of subjects (n=36) of the same targets. There was no difference on any of the three measures employed in the assessed quality of the likenesses produced by Photofit and the CADC System. Both systems tended to produce more recognizable composites when construction was carried out in the presence of the target compared to its absence. Composites made from memory on the initial trial were marginally better with the CADC System than with Photofit. While both systems showed low absolute accuracy, they enjoyed a measure of success in transmitting a likeness of a facial type. It is concluded that while the CADC system shows promise, psychological constraints upon witnesses' powers of recall may place limits on the absolute accuracy achievable with any system of face reconstruction.These experiments were financed by grant No. POL/73 1675/24/3 from the Police Scientific Development Branch of the U.K. Home Office. Points of view expressed in this article are solely those of the authors and do not necessarily reflect the opinions or positions of the funding body. Our gratitude and thanks are due to Tony Kitson and Clive Holloway for their many hours spent developing and operating the CADC system; Jean Shepherd for her skills as a Photofit operator; the Computer-Aided Design Centre; and the MRC Applied Psychology Unit, Cambridge for facilities and subjects.     

Book reviews

Journal of Chinese Political Science -     

The universality of human rights: A Canadian perspective

In the following speech, delivered at the Atlantic Human Rights Centre, St. Thomas University, Fredericton, New Brunswick, on 20 March 1998, Canadian Senator Donald Oliver urges the international community to commit itself to the universality of human rights. In an increasingly interdependent world, he says, nations will no longer be afforded the luxury of merely judging themselves. Their actions and progress in matters of human rights will be judged by the court of international public opinion, nongovernment organizations, and those standards that we have come to regard as representing the norms of civilized behavior. It is no longer possible to speak of world order without taking into account the protection of human rights and the remedy of human wrongs.     

Looking for Locals: Voter Information Demands and Personal Vote-Earning Attributes of Legislators under Proportional Representation

Proportional representation systems affect the extent to which elected legislators exhibit various attributes that allow them to earn a personal vote. The sources of variation in personal vote-earning attributes (PVEA) lie in informational shortcuts voters use under different electoral rules. List type (closed or open) and district magnitude (the number of legislators elected from a district) affect the types of shortcuts voters employ. When lists are closed, legislators' PVEA are of decreasing usefulness to voters as magnitude (and hence the number of candidates on a list) increases. When lists are open, legislators' PVEA are increasingly useful to voters as magnitude increases, because the number of candidates from which voters must choose whom to give a preference vote increases. As predicted by the theory, the probability that a legislator will exhibit PVEA—operationalized as local birthplace or lower-level electoral experience—declines with magnitude when lists are closed, but rises with magnitude when lists are open .