Post‐Trial Victims' Rights in the EU: Do Law Enforcement Motives Still Reign Supreme?

The EU legislator has been accused of overemphasizing the repressive aspect of law enforcement, while paying less attention to civil liberties, such as fundamental victims' rights. This paper examines the current position of EU crime victims, with a special focus on the execution phase of a criminal procedure. A victimological assessment of (1) the Framework Decisions on custodial sentences and probation measures and (2) the recent EU Victim Directive shows that none of these instruments contains any mechanisms for safeguarding the rights of victims in the post‐trial stage. Regardless of the various praiseworthy efforts to further the emancipation of victims, when it comes to the execution phase, victims' rights are still largely neglected, thereby opening the door again to criticism. Granting victims a right to information and a (non‐influential) right to be heard would already improve matters greatly. A constitutional assessment indicates that Europe is competent to make these changes.     

Family‐Centered Practice in Adult Treatment Courts: What Can We Learn from the Family Treatment Court Best Practice Standards?

Estimates suggest that upwards of 50% of participants in adult treatment courts (ATC) are parents. Previous studies point to negative impacts of unmet parenting needs on substance use treatment and criminal justice outcomes, and that family‐centered practices such as parenting classes substantially reduce recidivism among ATC participants. Judges and team members interested in adopting family‐centered practices in their ATC program may be unsure where to begin. One recent source of information regarding evidence‐based, family‐centered practices in treatment court settings is the Family Treatment Court (FTC) Best Practice Standards. The FTC Standards suggest adopting a family‐centered mission, expanding partnerships with child‐ and family‐serving agencies, discussing parenting and family roles during hearings, implementing family‐centered case management, and considering the effect of therapeutic responses on children and families. Building on the ATC Standards, the flexibility inherent in voluntary court programs, and existing community partnerships creates a pathway toward family‐centered practice in criminal settings.     

Is It the What or the How? The Roles of High‐Policing Tactics and Procedural Justice in Predicting Perceptions of Hostile Treatment: The Case of Security Checks at Ben‐Gurion Airport,Israel

What affects perceptions of hostile treatment by police, characterized by feelings such as humiliation and intimidation? Is it what the police do to the citizen, or is it about how they do it? The important effects of procedural justice are well documented in the policing literature. Yet, it is not clear how high‐policing tactics, coupled with procedural justice, affect one's sense of hostile treatment: is it the case that what the police do does not matter as long as they follow the principles of procedural justice, or do some invasive or unpleasant tactics produce negative emotions regardless of the amount of procedural justice displayed by the officer? In the present study we examine this question in the context of security checks at Ben‐Gurion Airport, Israel. Using a survey of 1,970 passengers, we find that the behavioral elements of procedural justice are an important antidote, mitigating the negative effects of four “extra” screening measures on the perceived hostility of the checks. At the same time, two security measures retain an independent and significant effect. We discuss the implications of our findings and hypothesize about the characteristics of policing practices that are less sensitive to procedural justice.     

Improving Housing Conditions in the Private and Social Rented Sectors: The Homes (Fit for Human Habitation) Act 2018 ‐ Fit for Habitation but Fit for Purpose?

The Homes (Fit for Human Habitation) Act 2018 became law in December 2018 and entered into force on 20 March 2019. This article examines the key provisions of this significant piece of housing legislation which has the potential to transform the lives of those renting homes in both the private and social sectors in England. The 2018 Act, through amendment to the Landlord and Tenant Act 1985, introduces a new obligation on landlords to ensure their residential properties are fit for human habitation and, for the first time in this jurisdiction, endows tenants with new civil rights to directly enforce this implied covenant against failing landlords. This article identifies the key deficiencies within the current legal framework around fitness for human habitation and explores how far the 2018 Act meets these challenges; set against the febrile backdrop of an acute housing crisis and the Grenfell Tower tragedy.