Pretrial procedure in England and Wales

A.B., Harvard College 1980; J.D., Yale Law School 1984.     

Psychopathy among prisoners in England and Wales

Most research into psychopathy among prisoners is based on selected samples. It remains unclear whether prevalences are lower among European populations. This study aimed to measure the prevalence of psychopathy, and the distribution and correlates of psychopathic traits in a representative national sample of prisoners. Psychopathy was measured using the revised Psychopathy Checklist (PCL-R) in a second stage, cross-sectional survey of prisoners in England and Wales in 1997 (n = 496). Poisson regression analysis was carried out to examine independent associations between correlates and PCL-R total and factor scores. The prevalence of categorically diagnosed psychopathy at a cut off of 30 was 7.7% (95%CI 5.2–10.9) in men and 1.9% (95%CI 0.2–6.9) in women. Psychopathic traits were less prevalent among women. They were correlated with younger age, repeated imprisonment, detention in higher security, disciplinary infractions, antisocial, narcissistic, histrionic, and schizoid personality disorders, and substance misuse, but not neurotic disorders or schizophrenia. The study concluded that psychopathy and psychopathic traits are prevalent among male prisoners in England and Wales but lower than in most previous studies using selected samples. However, most correlates with psychopathic traits were similar to other studies. Psychopathy identifies the extreme of a spectrum of social and behavioral problems among prisoners.     

Soziales Mietrecht in England und Wales

Der vorliegende Beitrag setzt die Reihe "Soziales Mietrecht in Europa" fort; die Beitr?ge werden im Rahmen eines von Prof. Dr. Paul Oberhammer (Zürich) und Univ.-Prof. Dr. Andreas Kletečka (Salzburg) geleiteten und vom Jubil?umsfonds der Oesterreichischen Nationalbank gef?rderten Projekts (Projektnummer 11997) erstellt und sollen rechtsvergleichende Impulse für die ?sterreichische Diskussion bieten.     

Deaths in police custody in England and Wales

Worldwide deaths in police custody are causing public disquiet. An account is given of all the deaths occurring in police custody in England and Wales over a ten-year period from 1970 – 1979 with details of the causes of death and inquest verdicts.     

论英国警察讯问较的发展

英国警察最初与普通公民一样,基本上不具有对犯罪嫌疑人的讯问权。司法判例以及20世纪前期发展的法官规则认可了事实上存在的警察讯问权并确立了基本的适用规则。由普通法调整的状况持续到20世纪80年代,制定法在规范警察讯问程序的同时也在一定程度上对公民的沉默权予以限制。警察讯问权总体上不断扩张,在这个过程中,普通法和制定法都努力保持警察侦查权与公民权利之间的平衡。     

International Crimes and ICC Cooperation in England and Wales

The United Kingdom, as a party to the ICC Statute, has broughtin a series of similar pieces of legislation in order to fulfilits obligations under the Statute, and to ensure that crimessubject to the jurisdiction of the ICC are also crimes in domesticlaw. This article concentrates on the International CriminalCourt Act 2001, which applies in England and Wales, to appraisewhether it adequately provides for assistance to the ICC, andwhether the crimes subject to the ICC's jurisdiction are adequatelyincorporated into domestic law. The article also mentions thepossible role of the common law of England and Wales in relationto international crimes. It concludes that, for the most part,the Act reflects a sensible approach to issues involved in assistingthe ICC and provides a workable basis for the prosecution ofinternational crimes in that jurisdiction.     

'Nuisance' phone calls to women in England and Wales

Obscene or nuisance phone calls are particularly targeted towards women. Employing data from two sweeps of the British Crime Survey a decade apart (BCS 1982 and BCS 1992), this work attempts to measure the effects of individual socio-economic characteristics and victimization history of women in England and Wales on their likelihood of receiving at least one nuisance call. To make the logit modelling analysis more tangible, risks of nuisance calls are calculated from our models of five hypothetical women, single mother, professional, student, housewife and pensioner, with specific attributes taken from the set of explanatory variables.     

The Transportation of Bigamists in Early-Nineteenth-Century England and Wales

ABSTRACT

Between 1795 and 1853, over 250 men and women were sentenced to transportation for committing the crime of bigamy. This harsh treatment is at odds with the assumption that the sentences handed down to bigamists were generally light. This article provides the first in-depth study of the use of transportation in this context, drawing on the criminal registers, the Proceedings of the Old Bailey, and local and national newspaper reports in order to ascertain who was transported for bigamy, and why. Analysing a range of aggravating and mitigating factors, it shows why certain cases were deemed to merit the harshest form of punishment, while others, despite exhibiting some of the same factors, were treated more leniently. The sheer greed, deceit and nastiness demonstrated by many of these bigamists provide a significant counter-narrative to the depiction of bigamy as a substitute for divorce and raises broader questions about its incidence.     

The implementation in England and Wales of the European Enforcement Directive

Legal context. The background to the EU Enforcement Directive(2004) and its implementation in England and Wales by legislativeand procedural changes taking effect in April 2006. Key points. Although much of the Directive required no implementation,there are doubts as to whether the implementing provisions gofar enough, particularly in respect of the rights of actionof representative bodies. Many of the provisions which havebeen made are cosmetic, but there are some significant changes.New evidential presumptions have been introduced in actionsin respect of publication right and rights in performances (althoughthe latter may not go far enough). Defendants may now be requiredto supply interim guarantees instead of submitting to interiminjunctions. Remedies in the design field have been clarified.By contrast, the rules as to damages in the IP field have beenmade more obscure by the implementation of Article 13 of theDirective. Finally, the courts may now make orders for the disseminationof decisions although quite what form these will take remainsto be seen. Practical significance. The changes are procedural not substantive,but they create important new opportunities for claimants andnew threats for defendants. Any parties and potential partiesto IP litigation in England and Wales therefore need to be awareof them.