Outlining the Shadow of the Axe—On Restorative Justice and the Use of Trial and Punishment

Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best.

Quantifying the Accuracy of Forensic Examiners in the Absence of a “Gold Standard”

This study asked whether latent class modeling methods and multiple ratings of the same cases might permit quantification of the accuracy of forensic assessments. Five evaluators examined 156 redacted court reports concerning criminal defendants who had undergone hospitalization for evaluation or restoration of their adjudicative competence. Evaluators rated each defendant’s Dusky-defined competence to stand trial on a five-point scale as well as each defendant’s understanding of, appreciation of, and reasoning about criminal proceedings. Having multiple ratings per defendant made it possible to estimate accuracy parameters using maximum likelihood and Bayesian approaches, despite the absence of any “gold standard” for the defendants’ true competence status. Evaluators appeared to be very accurate, though this finding should be viewed with caution.     

The Use of Children as a Tactic of Intimate Partner Violence and its Relationship to Survivors’ Mental Health

Journal of Family Violence - Although prior research has established that intimate partner violence (IPV) often leads to increased depression, anxiety and post-traumatic stress disorder (PTSD),...     

What's the Use of a Hashtag? A Case Study

Although there are now sophisticated techniques for the analysis of social media, socio‐legal studies has yet to draw on them fully. In this article, we demonstrate how Twitter can produce insights about protest, law, and legality, through a case study of protests against the ‘bedroom tax’. The first involved challenging a policy in the courts using a test case or cases. We discuss the litigation strategies and the mess they created and counterpose those strategies with those of four prolific ‘tweeps’ who participated in our study. We argue that, despite the small number of participants, these people have, in their own way, been enormously influential and made things happen. Our position is not evaluative of the different strategies – but, rather, one that recognizes that legality is mobilized in different ways.     

Applicability of Cranial Models in Urethane Resin and Foam as a Substitute for Bone: Are Synthetic Materials Reliable?

As literature is poor in functional synthetic cranial models, in this study, synthetic handmade models of cranial vaults were produced in two different materials (a urethane resin and a self‐hardening foam), from multiple bone specimens (eight original cranial vaults: four human and four swine), in order to test their resemblance to bone structure in behavior, during fracture formation. All the vaults were mechanically tested with a 2‐kg impact weight and filmed with a high‐speed camera. Fracture patterns were homogeneous in all swine vaults and heterogeneous in human vaults, with resin fractures more similar to bone fractures. Mean fracture latency time extrapolated by videos were of 0.75 msec (bone), 1.5 msec (resin), 5.12 msec (foam) for human vaults and of 0.625 msec (bone), 1.87 msec (resin), 3.75 msec (foam) for swine vaults. These data showed that resin models are more similar to bone than foam reproductions, but that synthetic material may behave quite differently from bone as concerns fracture latency times.     

What Did the Janitor Do? Suggestive Interviewing and the Accuracy of Children's Accounts

Examined the influence of suggestive interviews on 5- to 6-year-old children's reports and recollections of an adult's behavior. Children (29 girls, 27 boys) witnessed a confederate, acting as a janitor, either clean or play with toys. An hour later they were interviewed in succession by the janitor's boss, by an experimenter, and by their own parent. Parents interviewed their child again 1 week later. The boss and experimenter interviewed the child in one of three ways: neutral (nonleading), incriminating (suggesting the janitor was bad and playing on the job), or exculpating (suggesting the janitor was good and doing his job of cleaning). When these interviews were neutral, children consistently gave accurate accounts of the janitor's behavior. When these interviews were suggestive, children's accounts shifted strongly in the direction of suggestion as the interviews progressed. By the end of the suggestive interviews, children's accounts uniformly corresponded to the interviewers' suggestions, even when the suggestions were inconsistent with what actually happened. These effects of suggestion persisted during the two nonleading parent interviews.     

Accuracy and reliability in sex determination from skulls: a comparison of Fordisc® 3.0 and the discriminant function analysis

Identification in forensic anthropology and the definition of a biological profile in bioarchaeology are essential to each of those fields and use the same methodologies. Sex, age, stature and ancestry can be conclusive or dispensable, depending on the field. The Fordisc(?) 3.0 computer program was developed to aid in the identification of the sex, stature and ancestry of skeletal remains by exploiting the Forensic Data Bank (FDB) and computing discriminant function analyses (DFAs). Although widely used, this tool has been recently criticised, principally when used to determine ancestry. Two sub-samples of individuals of known sex were drawn from French (n=50) and Thai (n=91) osteological collections and used to assess the reliability of sex determination using Fordisc(?) 3.0 with 12 cranial measurements. Comparisons were made using the whole FDB as well as using select groups, taking into account the posterior and typicality probabilities. The results of Fordisc(?) 3.0 vary between 52.2% and 77.8% depending on the options and groups selected. Tests of published discriminant functions and the computation of specific DFA were performed in order to discuss the applicability of this software and, overall, to question the pertinence of the use of DFA and linear distances in sex determination, in light of the huge cranial morphological variability.     

Detection and analysis of DNA mixtures with the MiSeq FGx®

Recognizing and interpreting mixtures are challenges that occur frequently in forensic casework. Therefore, any new analysis methods that are implemented must handle the challenges of mixed forensic samples. Next generation sequencing offers advantages over capillary electrophoresis in amplicon multiplexing and degraded sample analysis; however, advantages with mixed samples rely heavily on the advancement of user-friendly analysis software. This research analyzed samples with the ForenSeq™ DNA Signature Prep Kit on the MiSeq FGx® and compared them with the GlobalFiler™ STR Kit for capillary electrophoresis. Metrics tested for both chemistries included concordance, limits of detection, and mixture analysis. Data analysis for mixture samples was completed with the MixtureAce™ plug-in and ArmedXpert™ software. Next generation sequencing offered distinct advantages in limits of detection and isoallele heterozygosity but suffered from increased variability in stutter and allele count ratios compared to capillary electrophoresis.     

“Intuitive” Lie Detection of Children’s Deception by Law Enforcement Officials and University Students

Adults ability to detect childrens deception was examined. Police officers, customs officers, and university students attempted to differentiate between children who lied or told the truth about a transgression. When children were simply questioned about the event (Experiment 1), the adult groups could not distinguish between lie-tellers and truth-tellers. However, participants were more accurate when the children had participated in moral reasoning tasks (Experiment 2) or promised to tell the truth (Experiment 3) before being interviewed. Additional exposure to the children did not affect accuracy (Experiment 4). Customs officers were more certain about their judgments than other groups, but no more accurate. Overall, adults have a limited ability to identify childrens deception, regardless of their experience with lie detection.     

Does Mirror Imaging a Radiograph Affect Reliability of Age Assessment Using the Greulich and Pyle Atlas?*

Abstract: Age estimation is routinely undertaken by comparing radiographs of the individual in question to published reference samples of individuals of known age. This study examines the reliability of age estimation utilizing the Greulich and Pyle atlas in relation to both left‐ and right‐hand/wrist radiographs and explores whether reversing right‐hand/wrist radiographs, so that they are in the same anatomical orientation as those images used in the atlas affects reliability. A total of 403 left‐hand/wrist radiographs and 415 right‐hand/wrist radiographs were age assessed using the Greulich and Pyle atlas. Analysis showed that there is no significant loss in reliability when radiographs of the right hand (women R² = 0.887 and men R² = 0.907) are utilized instead of the left (women R² = 0.939 and men R² = 0.940) or when they are assessed as mirror images to those printed in the reference atlas (reversed female left hand R² = 0.929 and reversed male left hand R² = 0.931).     

A Capture–Recapture Model to Estimate the Size of Criminal Populations and the Risks of Detection in a Marijuana Cultivation Industry

Originally developed in biology, capture-recapture methodologies have increasingly been integrated into the study of human populations to provide estimates of the size of “hidden populations.” This paper explores the validity of one capture-recapture model—Zelterman’s (1988) truncated Poisson estimator—used to estimate the size of the marijuana cultivation industry in Quebec, Canada. The capture–recapture analysis draws on arrest data to estimate the number of marijuana growers “at risk of being arrested” for a period of five years (1998–2002). Estimates are provided for growers involved in two different techniques: (1) soil-based growing, and (2) hydroponics. In addition, the study develops an original method to estimate the prevalence of cultivation sites “at risk of detection.” A first set of findings shows that the cultivation industry is substantial; the estimated prevalence of growers compares to estimates of marijuana dealers in the province. Capture–recapture estimates are also used to compare the risks of being arrested for different types of offenders. Results indicate that hydroponic growers—those involved in large scale and sophisticated sites—face lower enforcement-related risks than growers involved in smaller enterprises. The significance of these findings is discussed in the context of the widespread development, both in Europe and in North America, of a successful domestic production-driven, rather than importation-driven, marijuana trade.

Reconciling Accountability and Fiscal Prudence? A Case Study of the Budgetary Role and Impact of the German Parliament

Based on a case study, this article argues that the goals of accountability and fiscal prudence can be reconciled in the context of the parliamentary budget process. It captures the institutional setting for the budgetary work of the German parliament, in legal, organisational and procedural terms and with regard to its resources. The article then provides an assessment of the budgetary impact of the legislature against the goals of public expenditure management: aggregate fiscal discipline, allocative efficiency, and operational efficiency. The conclusion indicates that some standard arguments cannot explain why the budgetary work of parliament in this case has tended to result in lower deficits and improved public expenditure management. Rather, it is argued, a system that allows for parliament to buy into the overall budgetary aims and policies of the government through a co-operative process facilitates the reconciliation of accountability and fiscal prudence. At the same time, there is scope to refine the public expenditure management model for its application to the comparative study of the budgetary outcomes of legislative behaviour.     

Discursive Ethics as Constitutional Theory. Neglecting the Creative Role of Economic Liberties?

Habermas' discourse theory stresses the autonomy of public deliberation transcending the spontaneous emergence of private networks of legal relationships between individuals. Only the public discourse which is detached from the inertia of overlapping practical forms of coordination can refer to the ideally designed social work of legitimated interpersonal relationships. The democratic constitution is regarded as a legal institutionalization of the priority of the public forum of discourse. Conceptions related to classical liberalism would question the cognitive potential of public deliberation, and even deny its productivity as a normative frame of reference for (post‐)modern societies which are confronted with the challenge of uncertainty and the continuous process of self‐transformation.     

Simultaneous Use of Public and Private Specialist Services as a Potential Strategic Behaviour in Access to the National Health Service: Is There a Pattern by Socio-economic Level?

Social Justice Research - Under national health services (NHS), non-urgent access to specialist doctors is not straightforward and sometimes leads to long waiting times. Consequently, some citizens...     

Adolescent Girls’ Use of Avoidant and Approach Coping as Moderators Between Trauma Exposure and Trauma Symptoms

High rates of child maltreatment demand attention, as exposure to child maltreatment substantially increases the risk of developing PTSD. Some evidence exists that the presence of coping skills may reduce the likelihood that victims of childhood maltreatment will develop PTSD (Agaibi & Wilson, Trauma Violence Abuse 6:195–216, 2005). This study examined whether avoidant and/or approach coping skills moderated the relationship between childhood trauma exposure and trauma symptoms among adolescent females with a history of complex trauma. Results suggest that the use of avoidant coping moderates the relationship between trauma exposure and trauma symptoms. More specifically, girls with higher levels of trauma exposure demonstrated lower levels of trauma symptoms if they reported using higher levels of avoidant coping. Clinical implications for these results are discussed.     

Homosexuality as Defamation: A Proposal for the Use of the “Right-Thinking Minds” Approach in the Development of Modern Jurisprudence

False imputations of homosexuality have long been considered by courts to be defamatory per se, but many jurisdictions are beginning to revisit the issues surrounding homosexuality and defamation in the wake of a national debate over gay rights. This article examines whether courts should abandon false imputations of homosexuality as per se defamation and concludes that, at a minimum such statements should no longer be defamatory per se and further provides courts with a framework to go a step further and hold that such statements hold no defamatory meaning.     

Universities and the teaching of forensic sciences to lawyers—a note *

This article presents the findings of the survey conducted among business and accountancy students of the Nanyang Business School, Singapore, on the teaching of business law. The article is organised in three main sections. Section 1 formulates the framework for the research by outlining the three basic approaches adopted across many jurisdictions for the legal education of business students—the traditionalist ("black‐letter law"), the environmentalist and mixed approaches. Section 2 briefly describes the survey questions drawn up in the light of four principal objectives that, according to legal educators, the teaching of business law should achieve. Section 3 presents and examines the findings. The article concludes that law teaching at the Nanyang Business School conforms to the traditional approach. The author accordingly makes recommendations for the transformation of current teaching and assessment medthods: an injection of a great deal of “environmental” content and context‐based education; more use of actual and current cases, practical examples and a link to the business environment.     

Eyewitness Memory of a Supermarket Robbery: A Case Study of Accuracy and Confidence After 3 Months

In this case study, 14 witnesses of an armed robbery were interviewed after 3 months. Security camera recordings were used to assess memory accuracy. Of all information that could be remembered about 84% was correct. Although accurately recalled information had a higher confidence level on average than inaccurately recalled information, the mean accuracy–confidence correlation was rather modest (0.38). These findings indicate that confidence is not a reliable predictor of accuracy. A higher level of self-reported, post-event thinking about the incident was associated with higher confidence levels, while a higher level of self-reported emotional impact was associated with greater accuracy. A potential source of (mis)information, a reconstruction of the robbery broadcasted on TV, did not alter the original memories of the witnesses.