Perceptions of safety and victimization: does survey construction affect perceptions?

Surveys are commonly used in the field of criminology and criminal justice; however, the effects of survey design on study findings are rarely examined. Using a randomized experiment, this study examined the effects of question order in a victimization survey on respondents’ perceptions of safety. The interactions between respondents’ characteristics and question-order effects were also explored. The simple question-order effect was not found for the overall sample, but further examination revealed that respondent characteristics such as sex and victim status interact with the arrangement of questions. The implications of the findings for victimization survey research, and more generally for studies using surveys as a primary tool, are discussed.     

‘It lets out all my demons’: Female young offenders' perceptions about the impact of alcohol on their offending behaviour

The paper reports on findings from 55 qualitative face-to-face interviews with young offenders, and observations of 41 youth offender panel meetings over an 18-month period taking place in two Youth Offending Teams in the Southeast of England. It discusses the perception of correlation between drunkenness and offending asserted by a high number of the female offenders and compares this to perceptions of male offenders, both in this research and from previous research studies. The research brings into question whether current interventions are effective and puts forward suggestions for capitalizing on the apparent greater willingness of female offenders to acknowledge the significant negative impact of drunkenness on their behaviour.     

Is routine histopathologic examination beneficial in all medicolegal autopsies?

Postmortem examinations are performed for a number of reasons. Medical autopsies are performed at the request of and with the consent of the next of kin of a decedent and are often requested to determine the extent of a disease process or to evaluate therapy. In contrast, medicolegal autopsies are performed by a forensic pathologist primarily to determine cause and manner of death but also to document trauma, diagnose potentially infectious diseases and report them to the appropriate agencies, provide information to families about potentially inheritable diseases, provide information to family members and investigative agencies, and testify in court. As medicolegal and hospital autopsies differ in their purpose, so do they differ in procedure. Medicolegal autopsies often include histologic analysis, but not always, as with medical autopsies. We designed a prospective study to address the question of whether or not routine histologic examination is useful in medicolegal cases, defining a routine case as one where histology would not normally be performed and where the cause and manner of death were readily apparent during the gross autopsy. We reviewed brain, heart, liver, kidney, and lung sections on 189 routine forensic cases and compared the results to the gross anatomic findings. Of the 189 cases, in only 1 case did microscopic examination affect the cause of death and in no case did microscopic examination affect the manner of death. Thus, we feel that routine microscopic examination (performing histologic examination in all cases regardless of cause and manner of death) in forensic autopsy is unnecessary. Microscopic examination should be used, as needed, in certain circumstances but is not necessary as a matter of routine.     

Where did it all go wrong? Implementation failure—and more—in a field experiment of procedural justice policing

Objectives

This paper presents the findings from a retrospective qualitative process evaluation to the Scottish Community Engagement Trial (ScotCET). The study explores the unanticipated results of a randomized field trial testing the effect of ‘procedurally just’ modes of road policing on public perceptions of police. The ScotCET intervention failed to produce the hypothesized results, producing instead significant, and unexplained, negative effects on key aspects of public perception. The present study seeks to examine, from the perspectives of officers implementing the experiment, what the impacts (intended or otherwise) of participation were.

Methods

Group interviews were held within the ScotCET experiment ‘units’ to explore how officers had collectively interpreted and framed ScotCET, and responded as a group to its requirements/demands. Nine groups were held over a 5-month period post experiment completion.

Results

Findings indicate that communication breakdowns during the ScotCET implementation led to misunderstandings of its aims and objectives, and of the requirements placed on officers. Within the context of organizational reform and perceived organizational ‘injustice’, commonly cited aspects of police culture were invoked to facilitate non-compliance with aspects of the experimental intervention, leading to implementation failures, and, possibly, a diffuse negative effect on the attitudes and behaviors of experiment officers.

Conclusions

Organizational structures and processes, and coercive top-down direction, are insufficient to ensure successful implementation of policing research, and, by implication, policing reforms, particularly those that demand alternative ways of ‘doing’ policing and ‘seeing’ citizens. Greater investment in organizational justice and encouraging openness to evidence-led knowledge is needed to promote change.

     

Necessary and Universal Truths about Law?

Prominent analytical jurisprudents assert that a theory of law consists of necessary, universal truths about the nature of law. This often‐repeated claim, which has not been systematically established, is critically examined in this essay. I begin with the distinction between natural kinds and social artifacts, drawing on the philosophy of society to show that necessity claims about law require a fundamental reworking of basic understandings of ontology and epistemology, which legal philosophers have not undertaken. I show law is a poor fit for a priori and a posteriori knowledge. I distinguish between universal application and universal truth, showing the former is sound while the latter is not. I expose the implications that follow from the initial selection of the central case of law, demonstrating that this choice must be justified, and I reveal two ways analytical jurisprudents shield their theories of law from refutation. This analysis raises significant doubts about the claim by analytical jurisprudents that they are identifying necessary, universal truths about the nature of law.     

Civil-common Law Divergence on Penalties: Is it a Thing of the Past?

Liverpool Law Review - This article examines the rationale for the common law’s penalty rule and finds it lacking. It examines the rule as applied in different common law systems since the...     

RNA cell typing and DNA profiling of mixed samples: Can cell types and donors be associated?

Forensic samples regularly involve mixtures, which are readily recognised in forensic analyses. Combined DNA and mRNA profiling is an upcoming forensic practice to examine donors and cell types from the exact same sample. From DNA profiles individual genotypes may be deconvoluted, but to date no studies have established whether the cell types identified in corresponding RNA profiles can be associated with individual donors. Although RNA expression levels hold many variables from which an association may not be expected, proof of concept is important to forensic experts who may be cross examined about this possible correlation in court settings. Clearly, the gender-specificity of certain body fluids (semen, vaginal mucosa, menstrual secretion) can be instructive. However, when donors of the same gender or gender-neutral cell types are involved, alternatives are needed. Here we analyse basic two-component mixtures (two cell types provided by different donors) composed of six different cell types, and assess whether the heights of DNA and RNA peaks may guide association of donor and cell type. Divergent results were obtained; for some mixtures RNA peak heights followed the DNA results, but for others the major DNA component did not present higher RNA peaks. Also, variation in mixture ratios was observed for RNA profiling replicates and when different donor couples gave the same two body fluids. As sample degradation may affect the two nucleic acids and/or distinct cell types differently (and thus influence donor and cell type association), mixtures were subjected to elevated temperature or UV-light. Variation in DNA and RNA stability was observed both between and within cell types and depended on the method inducing degradation. Taken together, we discourage to associate cell types and donors from peak heights when performing RNA and DNA profiling.     

Racial profiling and searches: Did the politics of racial profiling change police behavior?*

Research Summary Scholarly research has documented repeatedly that minority citizens are disproportionately stopped, searched, and arrested relative to their baseline populations. In recent years, policymakers have brought increased attention to this issue as law‐enforcement agencies across the United States have faced allegations of racial profiling. In the 1990s, the politics generated by accounts of racially biased policing placed heightened pressure on law‐enforcement agencies. However, to date, few studies have explored whether the increased social and political scrutiny placed on police organizations influenced or changed their general pattern of enforcement among black and white citizens. Using data in the search and citation file from the North Carolina Highway Traffic Study, this research specifically examined whether the politics generated by the media coverage of racial profiling and racial profiling legislation in North Carolina influenced the search practices of officers of the North Carolina State Highway Patrol's drug interdiction team. The findings suggest that media accounts and the passage of new legislation were particularly powerful influences, which thereby reduced racial disparity in searches. Declines in the use of consent searches and an increased probability of finding contraband also were influenced by the politics of racial profiling. Policy Implications The results of this study suggest several important policy recommendations. First, law‐enforcement agencies must monitor the policing practices of their officers because such supervision can influence officer compliance with fair and unbiased policing policies. Next, supervisors need to familiarize themselves with enforcement data to identify potential problem officers and organizational practices. By doing so, police organizations will not only increase officer accountability but also will potentially improve communication with their local communities. Such communication can empower community members to file charges against officers who violate their civil rights. Next, the media and political effects documented in this study suggest that external oversight can be particularly influential on police practices. Therefore, police agencies should consider developing a citizen complaint board, which is an external oversight board that would be responsible for investigating allegations against officers who engage in racial profiling or other racially biased enforcement practices. Such a board could assist police administrators in identifying problem officers as well as in making recommendations for corrective action. Finally, external social and political pressure must continually be placed on police forces to improve equity in police behavior. These external forces can assist in creating opportunities for police to increase the overall quality and efficacy of policing.     

College students’ perceptions of police use of force: do suspect race and ethnicity matter?

Incidents of police use of force continue to draw a considerable amount of attention from both researchers and the public alike. The purpose of this research is to examine the relationship between suspect race and ethnicity and perceptions of police use of force among college students. Using a vignette research design with manipulated independent variables, this study seeks to answer the question: Do suspect race and ethnicity affect college students’ perceptions of police use of force? Three vignettes were developed regarding an incident in which an encounter between a suspect and a police officer resulted in the officer using force. College students were randomly assigned to one of the three vignettes and were asked to complete a questionnaire. Results indicate that although suspect race and ethnicity do not predict perceptions of police use of force among college students, there are significant respondent race and gender effects. Male and white respondents are significantly more likely to perceive police use of force as justified compared to female and non-white respondents. The policy implications of these findings for police-citizen interactions are discussed.     

Is it all going to waste? Illegal transports of e-waste in a European trade hub

This article responds to the call for more empirical knowledge about transnational environmental crime. It does so by analysing the case of illegal transports of electronic waste (e-waste) in a European trade hub. Given the complexity and global nature of transnational environmental crime, it is difficult to determine which actors are involved. In this regard, a local research setting allows the actors involved in illegal transports of e-waste to be identified. This research tries to determine whether these actors and their roles can be considered legal or illegal and illustrates the legal-illegal interfaces in e-waste flows. Moreover, this case study analyses the push, pull and facilitating factors and therefore looks at what motivations and opportunities shape the flows of e-waste in locations of origin, transit and destination. The results show that the social organisation and emergence of transnational environmental crime is on a thin line between legal and illegal which needs to be contextualised within the global reality of the locations of origin, transit and destination.     

The dilemma of ‘racial profiling’: an abolitionist police history#

While the conquest of the world by the concept of ‘racial profiling’ was a major victory for activists, real victory for racial justice at the hands of the police was foreclosed, for the notion is a Trojan Horse. Snuck inside this term developed for radical purposes are distinctly conservative propositions. This paper analyzes the ways the individualizing implications of the concept of racial profiling mask the depth and reach of the state’s commitment to containing resistance and eliciting consent by deploying technologies of race. Against ‘racial profiling’s’ suggestion of incidental, improper police practice, this essay offers a history of the U.S. police that shows their deep and abiding commitment to reproducing race and racism. Tracing police history in relation to colonialism and slavery, the essay argues that the history of this fundamental instantiation of state racism leaves no hope for successful reform, but rather demands a practical and thoughtful commitment to police abolition.     

And justice for all? Investigators’ perceptions of punishment for fraud perpetrators

Despite extensive financial losses and other indicators of harm, the American public and legal professionals have historically been ambivalent toward white-collar crime. Recent research demonstrates that public perceptions of white-collar crime and attitudes toward the punishment of white-collar offenders have become more punitive. Along these lines, a neglected area of research concerns those individuals who routinely face white-collar crimes: fraud investigators. Using data collected during the height of recent corporate scandals (2001–02), this study examines the perceptions of 663 fraud investigators and extends prior research by considering the influence of investigator characteristics, organizational context (i.e., size, setting, internal controls, and resource capacity), case characteristics (i.e., offense type, financial loss, and sanction), and offender characteristics on legal professionals’ general and specific punishment perceptions. Results indicate that organizational resources increase the likelihood of both outcomes. Additionally, the correlates of general and specific punishment perceptions are found to differ: government agency context influences general but not specific perceptions. Comparatively, the perception that fraud is increasing and a sanction that includes incarceration each have a significant, positive influence on specific punishment perceptions. Implications of these findings for future research and policy are discussed.

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Is it unethical to offer predictions of future violence?

An examination of the nature, foundation, and consequences of predictive testimony about future violence does not support the assertion, sometimes heard, that such testimony is necessarily unethical. Certain types of predictive testimony about future violence may have adequate scientific support. Moreover, society does not require certainty about future violence in order to restrict various liberties. Proper performance of an evaluation related to certain types of predictive testimony can provide an adequate foundation for the testimony. Finally, a consideration of the consequences of legal proceedings that restrict liberty does not support the conclusion that predictive testimony is necessarily ethically improper merely because it uses probabilities that create the potential for a significant number of false-positive legal decisions. Therefore, we would not advise psychology, psychiatry, or the courts to conclude that predictions of dangerousness as a class are unethical.This paper was supported in part by funding from the John D. and Catherine T. MacArthur Foundation Research Network on Mental Health and the Law. The authors wish to thank Alexander Greer, John Monahan, Stephen Morse, and Ed Mulvey for their helpful comments on an earlier draft.     

Is it a modacrylic fibre?

This study describes the characteristics of modacrylic fibres and includes over 80 samples (previous and current) representing 15 trade names. Fibre morphology was examined using brightfield microscopy. Signs of elongation were determined using polarised light microscopy. Fibre cross sections were also examined. The generic class of fibre was divided into sub groups using polymer composition as determined by FTIR-microscopy. Microscopically, some modacrylic fibres cannot be distinguished from acrylic fibres. Others display unusual optical and morphological features which are a strong indication of their generic class. The infrared spectra provide information about the co-monomer, termonomers added to produced dye sites, the presence of solvent residue, dyes, and additives, e.g. flame retardant material. The infrared spectra should always be recorded before and after any thin layer chromatographic examination of the dye, otherwise peaks attributable to dyes, which may be a valuable comparative feature in casework will be lost.     

Is it really just a game? Copyright and online role-playing games

Legal context. Massively multiplayer online role-playing games(MMORPGs) are a craze that has swept the globe. Online gamershave been reported to spend 22 hours per week online playingtheir favourite games while there have been reports of playersspending up to 55 hours at a time playing. Not all gamers arehobby gamers, nor are they just teenagers having fun. A markethas grown around MMORPGs and a lucrative online market has emergedoutside the games for the sale of game characters and items.The value of this market has been estimated at US$880 million.At the heart of disputes concerning the sale of game charactersand items is the question of copyright ownership. Game providersclaim that the End User Licence Agreements (EULAs) give themintellectual property ownership and rights over any dealingswith the game characters and items. Many gamers on the otherhand are abhorrent at the assertion that they have no claimto characters and items that they have spent many hours developing. Key points. The first issue that needs to be considered is whethercopyright subsists at all in the game characters and items.The next question to be considered is who owns the copyrightin in-game characters and items. To answer the question, onemust look to the EULAs, but the EULAs do not provide all theanswers because issues such as moral rights cannot be governedby EULAs. Further, the practice of farming by companies runningdigital sweatshops complicates the relationship between gamersand game providers. Practical significance. There have been numerous disputes concerningthe game characters and items between game developers, gamers,and farming companies. This article examines the key copyrightissues at stake.     

Is it time to highlight the limits of risk-based financial regulation?

The first 150 words of the full text of this article appear below. Key points

• The run on Northern Rock that took place in September2007 has raised some serious questions about the ‘fitnessfor purpose’ of the institutions and techniques of financialregulation in the United Kingdom.
• One defining feature of theFinancial Services Authority (FSA) in the development since1998 of its role as a unitary and integrated financial regulatorhas been its pioneering of ‘risk-based’ and ‘principles-based’regulation.
• The way in which risk-based supervision was appliedto Northern Rock and the way in which risk-based regulationworked within it have been the subject of much public scrutinyafter the run on the bank and some elements of that scrutinyare highlighted here.
• In the light of the real distinctionsbetween risk and uncertainty that have been drawn by scholarsand indeed by the FSA itself in defence of its actions aroundNorthern Rock, this article raises questions about the wisdom. . . [Full Text of this Article]