Practical guidelines on incorporating “partnering” within IT agreements for public sector bodies

“Partnership” and “partnering” are two of the most frequently used terms in public sector procurement. They may be used by both customers and suppliers to justify their respective negotiating positions. A supplier may argue that, since the agreement is a “partnership agreement”, there should be no service credits or liquidated damages payable. The customer on the other hand, may argue, on similar grounds, that it wants to benchmark the supplier and have a broad right to audit every aspect of the supplier’s business.But despite being well used phrases, most guidance relating to these concepts does not define how “partnerships” or “partnering” is to work in practice. While most talk of the supplier and the customer working together “in partnership” with common aims, there is little information available as to how this will be incorporated into agreements, particularly in the context of large scale IT procurements.¹ The purpose of this article is to review the available guidance and detail some of the ways in which this guidance can be incorporated into legal agreements.     

“Drop the clipboard and help me!”: The determinants of observer behavior in police encounters with suspects

Much of the knowledge about police behavior on the streets is based on observational research. Little research, however, had examined the impact of reactivity in police observational data. One theme in the field research literature was that observer behavior could act as a source of bias in observational data. This article uses data from a large-scale observational study of police to predict this form of reactivity during encounters with suspects. In other words, “Are observer effects triggered by situational factors (i.e., dangerous suspects or situations) or a function of observer characteristics?” Results from a two-level hierarchical logistic model indicated that observers with higher academic rank (e.g., advanced graduate students), lower grade point averages, and more conservative attitudes toward criminality were less likely to get involved in police work during encounters with suspects. The implications of these findings for recruiting and training police researchers are discussed.     

Supreme Court of Canada's “Beautiful Mind” case

The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described “professor” who had been referred to as “Canada's Beautiful Mind”. He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. “Professor” Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries.This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a “hospital” because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.     

Involuntary outpatient treatment as “desintitutionalized coercion”: The net-widening concerns

In American jurisprudence, two justifications have traditionally been put forth to support the government's social control of persons with mental illness: police power and parens patriae. As public mental hospitals became less available as loci in which to exercise these functions, governments sought alternative means to achieve the same ends. One prominent but quite controversial means is involuntary outpatient treatment (IOT). While the concerns about IOT have been myriad, one often alluded to but never documented is that of “net-widening.” That is, once IOT became available, it would be applied to an ever greater number of individuals, progressively expanding the margins of the designated population to whom it is applied, despite the formal standard for its application remaining constant. We tested the net-widening belief in a naturalistic experiment in Massachusetts. We found that net-widening did not occur, despite an environment strongly conducive to that expansion. At this time, whatever the arguments against IOT might be, net-widening should not be one of them.     

Drinking and driving: Detecting the “dark figure” of compliance

The “dark figure” of undetected alcohol-impaired driving in the United States is acknowledged to be very high. However, this “dark figure” may lead to premature pessimism about the prospects for deterrence unless there is a countervailing estimate of “the other dark figure”—the rate of compliance with the drinking-driving laws under conditions of negligible arrest risk. This was a feasibility study in the use of survey data (N = 1,401) to identify patterns of compliance on the last drinking occasion as a function of social roles as drivers and passengers. A small but statistically significant proportion of U.S. drivers took these steps to reduce alcohol-impaired driving: reduction of drinking before driving, allocation of the driving role to low volume drinkers, and relinquishment of the driving role to an alternate driver after heavy drinking. There was no evidence for the selective use of public transportation as a means for diverting heavy drinkers from alcohol-impaired driving.     

When is personal data not “personal data” – The impact of Durant v. FSA

The Data Protection Act 1998 (the “Act”), which implements the EU Data Protection Directive (95/46/EC), applies to personal data and governs the activities of data controllers and data processors in relation to such data. In Michael John Durant v. Financial Services Authority (2003), the scope of the Act was restricted. In particular, key provisions, including “personal data” and “relevant filing system”, became the subject of narrow judicial interpretation when the Court of Appeal sought to limit the “unjustifiable burden and expense” imposed on data controllers in complying with the Act. Although questioned by commentators and subject to investigation by the European Commission, the significant shift in approach initiated by Durant has been endorsed in two subsequent cases: (1) David Paul Johnson v. The Medical Defence Union (2004) and (2) Terence William Smith v. Lloyds TSB Bank Plc (2005). This article considers the main principles of the Act, how the Information Commissioner, the courts and the European Commission have responded to Durant and what happens next.     

Alcohol and rape: An “economics-of-crime” perspective

Using a panel of state-level data over the years 1982–2000, this study explores the potential relationship between alcohol policy, alcohol consumption, and rape by considering a number of theoretical and methodological issues. First, the potential relationship is examined in the context of an economics-of-crime model, controlling for various deterrence and opportunity cost variables. Second, unlike most studies, consumption of liquor and wine are considered as well as consumption of beer. A third focus is on the potential endogeneity of alcohol consumption. A fourth consideration dictates the focus on rape-rates rather than other violent crime rates. Several studies have discovered a tendency for relatively high alcohol consumption by both offenders and victims. Since rape victims are virtually all female, and at least some alcohol policy variables appear to have differential impacts on females and heavy-drinking males, an examination of policy impacts for rape-rates, unlike other types of violent crime, can suggest the nature of the alcohol-consumption–violence relationship. The empirical results support an “alcohol-increases-potential-victims-vulnerability” hypothesis. In the context of the economic theory of crime, this lowers the expected cost of rape to potential offenders and raises rape-rates. Tests for endogeneity of alcohol consumption and resulting simultaneous equation estimates reinforce this implication because they suggest that potential victims respond to relatively high rape-rates by reducing alcohol consumption.     

“Scared Straight”: Ideology and the media

One of the more widely publicized presentations about crime is “Scared Straight,” a documentary about a program in which juveniles visit inmates in a New Jersey penitentiary. It is the contention of this article that this film and the accompanying media coverage of it convey an ideology message concerning crime and criminals. Crime is presented as a matter of individual choice that has little relationship to any social variables. Criminals are portrayed in a one-dimensional manner as evil, vicious, and barely human. The documentary is a success because these images of crime and criminals conform to existing stereotypes. Based on these distorted images, the film and media coverage “market” a simplistic solution to crime that is compatible with their presentation of the crime problem.     

Stressors, coping resources and strategies, and police stress in South Korea

The present article extends prior research to identify the predictors of police stress from work place problems, the resources available through social support, different strategies for coping with stress, and conditions unique to policing in South Korea. The unique conditions are perceived public perception of police and attitudes towards women working outside of the home. Seven hundred officers were asked to participate in the research, and 686 did participate (96 percent response rate). Almost half of the variance in stress could be explained. Reports of being ridiculed and “set up” in dangerous situations, and to a lesser extent, lack of support from superiors and perceived disrespect from the public, were salient predictors of stress. Coping strategies did not moderate the associations between stressors and stress. Findings were interpreted in relation to collectivist culture and possible points of intervention.     

Dangerousness of civil commitment candidates

This study followed a large, statewide sample of civil commitment candidates both in and out of the hospital for 6 months following their postcourt hearings to determine their postcourt dangerousness. It objectively measures dangerousness by dividing it into five legal components of behavior: (1) type, (2) object, (3) frequency, (4) weapon/means, and (5) severity of outcome. Using data from ward charts, readmission evaluations, recommitment affidavits, and arrest and community mental health center records, it describes candidates' dangerousness in terms of those, five components and compares that dangerousness with the alleged dangerous behavior that brought them into the civil commitment process. It finds that candidates do not tend to be dangerous in the 6 months following their court hearings.     

Complete mitochondrial genome sequences for 265 African American and U.S. “Hispanic” individuals

Entire mitochondrial genome (mtGenome) sequences of 265 unrelated African American and U.S. “Hispanic” individuals were generated.     

Examining the “CSI-effect” in the cases of circumstantial evidence and eyewitness testimony: Multivariate and path analyses

As part of a larger investigation of the changing nature of juror behavior in the context of technology development, this study examined important questions unanswered by previous studies on the “CSI-effect.” In answering such questions, the present study applied multivariate and path analyses for the first time. The results showed that (a) watching CSI dramas had no independent effect on jurors' verdicts, (b) the exposure to CSI dramas did not interact with individual characteristics, (c) different individual characteristics were significantly associated with different types of evidence, and (d) CSI watching had no direct effect on jurors' decisions, and it had an indirect effect on conviction in the case of circumstantial evidence only as it raised expectations about scientific evidence, but it produced no indirect effect in the case of eyewitness testimony only. Finally, implications of the present study as well as for future research on the “CSI-effect” on jurors are discussed.     

Racial and ethnic perceptions of injustice: Testing the core hypotheses of comparative conflict theory

Comparative conflict theory is a theoretical statement proposed by Hagan, Shedd, and Payne (2005) to explain racial and ethnic variation in perceptions of injustice. Their theory asserted that White respondents perceive considerably less injustice than both African Americans and Hispanics (the racial-ethnic divide hypothesis) and that African Americans perceive less injustice than Hispanics (the racial gradient hypothesis). They also proposed that prior criminal justice experiences serve as a “tipping point” for Hispanics in that Hispanics with prior negative criminal justice contacts will perceive more injustice than African Americans with similar prior negative experiences. This study tested these three hypotheses, finding support for the racial-ethnic divide and racial-gradient hypotheses, but not the differential sensitivity hypothesis. In addition, this study explored the racial and ethnic identity of Hispanics (i.e., “White Hispanic” and “Black Hispanic”) and found that Hispanics, who were younger, less educated, and perceived some forms of injustice were more likely to identify themselves as being both Hispanic and Black.     

Probability,danger, and coercion

Young adults were shown hypothetical stimulus vignettes describing mental patients and were asked to judge (a) the probability that the patient would harm someone else, (b) whether or not the patient should be categorized as “dangerous,” and (c) whether coercion should be used to ensure treatment. Probability and dangerousness judgments were systematically related and were predictive of the judged necessity for coercion. However, judged probability was strongly dependent on the form of the response scale, suggesting that probability was not represented consistently and quantitatively in participants' minds. Study 2 replicated these findings with forensic clinicians as participants. These results underscore the importance of violence to others in mental health law and have important implications for the manner in which risk assessments are formulated for use by the legal system.     

The GC–MS detection and characterization of reticuline as a marker of opium use

Reticuline (a precursor of opium alkaloids) was detected and characterised as its trimethylsilyl ethers, acetyl esters and methyl ethers by GC–EIMS and GC–CIMS in opium and the urine of opium users after hydrolysis by acid or β-glucuronidase as coextractive of morphine. Because this compound cannot be detected in heroin and poppy seeds, it is suggested as a differentiating marker between opium and heroin use, opium and poppy seeds use, or opium and “pharmaceutical” codeine use in cases when opiate use has been confirmed by detection of morphine and codeine in the urine. As well as being a constituent of opium, reticuline in the urine of opium users may also result from the metabolic demethylation of the three other benzyltetrahydroisoquinoline opium alkaloids: codamine, laudanosine and laudanine.     

Going for the throat: Carnivore in an Echelon World — Part I

Carnivore is a surveillance technology, a software program housed in a computer unit, which is installed by properly authorized FBI agents on a particular Internet Service Provider’s (ISP) network. The Carnivore software system is used together with a tap on the ISP’s network to “intercept, filter, seize and decipher digital communications on the Internet”. The system is described as a “specialized network analyzer” that works by “sniffing” a network and copying and storing a warranted subset of its traffic. In the FBI’s own words “Carnivore chews on all data on the network, but it only actually eats the information authorized by a court order”. This article, in two parts, will provide an overview of the FBI’s Carnivore electronic surveillance system. The Carnivore software’s evolution, its ‘prey’ and the system’s relationship with Internet Service Providers will be the focus of the study. (Although the FBI’s Carnivore surveillance system is now officially called DCS1000, as the surveillance system is more commonly referred to as “Carnivore”, that term will be used throughout). Also addressed in the article are misconceptions about Carnivore, publicly available sniffer programs, Carnivore’s functionality, methods to counter Carnivore as well as the software’s limitations. In addition, the pertinent American law allowing for wiretapping and electronic surveillance as well as programs and policies outside the United States regarding electronic surveillance are surveyed, and an overview of ECHELON, the global interception and relay system, is provided. The aim is to provide the paper’s readers with a better understanding of these surveillance systems: naturally, only through an in-depth knowledge can the benefits and dangers they present for the public (government), private (individual communications users) and technical industry (ISPs) be understood.     

Determination of salvinorin A and salvinorin B in Salvia divinorum-related products circulated in Japan

Two major salvinorins, salvinorin A (SalA) and salvinorin B (SalB), in three Salvia divinorum dried leaf products and nine of its “concentrated extract” products circulated in Japan were determined. These ingredients were extracted twice with acetonitrile and decolored with graphite carbon powder. SalA and SalB were confirmed by liquid chromatography–tandem mass spectrometry in product ion scan mode, and quantified by high-performance liquid chromatography with UV detection (for SalA) and by mass spectrometry in single ion monitoring mode (for SalB). The SalA/SalB contents (μg/mg) were in the range of 3.2–5.0/0.10–0.17 in the dried leaf products and 4.1–38.9/0.26–2.42 in the “concentrated extract” products. These findings would be useful for analysis of S. divinorum-related products circulated in the drug market.     

Direct comparison of post-28-cycle PCR purification and modified capillary electrophoresis methods with the 34-cycle “low copy number” (LCN) method for analysis of trace forensic DNA samples

The investigation of samples with low amounts of template DNA remains at the forefront of forensic DNA research and technology as it becomes increasingly important to gain DNA profile information from exceedingly trace levels of DNA. Previous studies have demonstrated that it is possible to obtain short tandem repeat (STR) profiles from <100 pg of template DNA by increasing the number of amplification cycles from 28 to 34, a modification often referred to as “low copy number” or LCN analysis. In this study, we have optimised post-PCR purification techniques applied after only 28 cycles of PCR, as well as using modified capillary electrophoresis injection conditions and have investigated the progressive application of these enhanced approaches. This paper reviews the characteristics of the profiles obtained by these methods compared with those obtained on the same samples after 34-cycle PCR. We observed comparable sensitivity to 34-cycle PCR in terms of the number of profiles with evidence of DNA and the number of allelic peaks per profile and we noted improved peak height and area magnitude with some sample types. Certain parameters reported to be adversely affected in 34-cycle LCN investigations, such as non-donor allele peaks and increased stutter peak ratio, were reduced by this approach. There are a number of advantages for trace samples in progressing from the standard 28-cycle process to the post-PCR processing method as compared to 34-cycle PCR method, including reduced sample consumption, reduced number of PCR amplifications required, and a staged approach to sample processing and profile interpretation.