People We Hire as Executioners: Who Are They? Who Are We?

Christopher Bennett has introduced a new inquiry into the capital punishment debate by looking at whether the role of executioner is one in which it is possible and proper to take pride. He argues that this will depend on the kind of justifications that an executioner can offer in defense of his role and takes as an example the English executioner Albert Pierrepoint as portrayed in the film Pierrepoint: The Last Hangman. Bennett claims that none of the justifications available to Pierrepoint are adequate, that his pride in his role was unjustified, and that this gives us reason to doubt those justifications for capital punishment. I am unpersuaded by Bennett’s arguments and give reasons for thinking that the role of executioner can under certain circumstances be an honorable vocation in which one may legitimately take pride.     

When DNA is Not Available,Can We Still Identify People? Recommendations for Best Practice*

Recommendations of best practice to conduct identifications in settings with large numbers of victims and technological limitations are provided, based on a sample of 116 cases in which positive presumptive identifications were generated using "traditional" techniques, and were later corroborated through DNA testing. Traditional techniques generally consist of combining witness testimony, personal effects and clothing, anthropological and dental data to corroborate or to exclude the identity of an individual. Experts participating in traditional identifications must develop emic categories to transform objective physical features into recognizable categories by the family, or to do very the opposite-to develop an ethic system by which the expert translates the cues given by a family member into objective categories that are usable in standard forensic and legal contexts.     

When Are Transport Pricing Policies Fair and Acceptable?

This study examines the relative importance of six policy outcomes related to different fairness principles for the perceived fairness and acceptability of pricing policies aimed at changing transport behaviour. The fairness and acceptability of six different types of transport pricing policies were systematically higher if policy outcomes were related to environmental justice and equality. The policy measures were evaluated as more acceptable and fair when respondents believed that future generations, nature and the environment were protected (reflecting environmental justice), and to a lesser extent, when everybody was equally affected by the policy outcomes (reflecting equality), irrespective of absolute differences in fairness and acceptability of the policies. Policy outcomes reflecting egoistic concerns (e.g. being financially worse off and being worse off than others) and equity (e.g. proportional to people’s income and contribution to problems) were related to the fairness and acceptability of some policy measures, but no systematic pattern was found across six policy measures. This suggests that policy outcomes related to distributions that focus on collective considerations appear to be more important for the fairness and acceptability of transport pricing policies than those focusing on individual interests. Theoretical and practical implications of these results are discussed.     

Are convenience DNA samples significantly different?

In this paper, the issue of whether DNA databases collected by different convenience sampling methods are significantly different statistically is investigated. Testing the null hypothesis that the population probability or frequency distributions of DNA profiles under different sampling methods are the same is of interest in this investigation. Some statistical analyses are conducted on the single-locus VNTR databases collected from different sources by the Hong Kong Government Laboratory. The bootstrap, Monte Carlo simulation and significance tests including the Pearson's chi-squared, likelihood ratio, and Kolmogorov-Smirnov two-sample statistics are employed for testing the hypothesis. The results are promising that no probability values of the tests are smaller than 5%. In other words, there is not enough evidence to reject the null hypothesis at the 5% level, which provides more confidence for using the VNTR reference databases commonly collected by convenience sampling.     

When can a DNA profile be regarded as unique?

The probability that a defendant's DNA profile is unique in a population of untyped individuals is shown to be bounded below by one minus twice the sum of the match probabilities over the population. This bound assumes that the possibility of laboratory or handling error can be neglected, and applies only when there is no non-DNA evidence in favour of the defendant. There cannot be a completely general lower bound: if there is overwhelming non-DNA evidence that the defendant is not the source of the crime stain, then that is also overwhelming evidence of non-uniqueness. Application to k-locus short tandem repeat (STR) profiles is discussed, and illustrated with calculations based on the 6-STR-locus system used in current UK casework. However, because of the problem of the non-DNA evidence, there seems to be no satisfactory way for an expert witness to address the question of uniqueness in court.     

When Are Local Incumbents Held Accountable for Government Performance? Evidence from US School Districts

Do voters hold local officials accountable for government performance? Using over a decade of panel data on school district elections and academic achievement in California, I causally identify the effect of test score changes on school board incumbent re‐election rates and show that incumbents are more likely to win re‐election when test scores improve in their districts—but only in presidential election years. This effect disappears in midterm and off‐years, indicating that election timing might facilitate local government accountability.     

When is violence planned?

We examine what types of violent offenses tend to be planned using self-report data from a nationally representative sample of state and federal inmates. We find mixed support for the idea that predatory offenses are more likely to be planned than dispute-related offenses. As expected, robbery offenders are much more likely to report that they planned their crime ahead of time than homicide and physical assault offenders. However, sexual assault offenders are no more likely to report planning than homicide offenders. We also find mixed support for the idea that domestic violence-the supposed crime of passion-is less likely to be planned than violent offenses involving strangers. Finally, we find substantial demographic variation depending on type of crime. Robberies involving offenders of lower socioeconomic status and homicides and assaults involving African American offenders and victims are less likely to involve planning.     

Are lawyers neurotic?

This paper reports on an ethnographic exploration of the lawyer–client relationship focusing on the attitudes held by legally aided lawyers to their criminal clients. The study combines formal interviews with participant observation in a mixed methodology approach designed to give voice to the lawyers taking part as well as allow the researcher to provide their own perspective. The research produced two quite contradictory viewpoints as lawyers claimed to hold positive attitudes of their clients in interview while presenting negative attitudes under observation. To reconcile this difference, the author suggests considering psychoanalytic literature on self-image, which can be applied to show that the lawyers may have been displaying signs of Freudian defence mechanisms and, ultimately, presented as neurotic in their practise.     

Are Fish Wild?

Liverpool Law Review - As the global biodiversity crisis continues, it is important to examine the legislative protection that is in place for species around the world. Such legislation not only...     

Young People as Objects of Police Control in a Nordic Context: Who Are the Socially Visible Targets?

In Finland, more than one in four young females and almost one in three young males experienced some type of adversarial police contact in a year. The high prevalence of adversarial police contact among contemporary youth highlights the need to study the nature of the contacts and labelling theory’s hypothesis of control bias. Consequently, we develop the theory’s concept of social visibility to examine differential selection. We draw on a nationally representative youth survey to explore police contacts among youths aged 15 to 16 (N?=?5826). The open-ended responses suggested that police interventions typically focus on traffic situations or use of alcohol in public places. Also, we used multivariate logistic regression to examine which factors increase the likelihood of adversarial police contact. We found that a variety of delinquency and heavy alcohol use emerge as strong triggers of getting caught by the police. In addition, male gender, living in a city, having a single father, and low educational aspirations increases the likelihood of police contact, controlling for delinquency, and socio-demographic variables. Our findings seem to be consistent with mixed-model hypothesis, which highlights that both, differential involvement and selection, might operate together. We suggest that even in the Nordic conditions, which is characterised by high social equality, social biases seem to exist and some youth are more socially visible to formal social control than others.     

What Happens to Children When Their Mothers Are Battered? Results from a Four City Anonymous Telephone Survey

This article presents results of a study examining what happens to children when domestic violence is committed against their mothers. While many investigations have pointed to child exposure to violence in homes where women are battered, few have examined direct reports about what happens to children when adult domestic violence occurs. This study collected direct reports from mothers on real-life events and was designed to go beyond earlier research by eliciting information on a larger array of family and contextual factors that may account for variation in mother’s and their children’s direct and indirect exposure to violence within the same home. Anonymous telephone interviews with 111 battered mothers in four metropolitan areas across the United States elicited detailed information from women on the violence against them and their children. Findings confirm the seriousness of co-occurring mother and child exposure to violence. The research also revealed that women and children were often injured while trying to protect each other from the abuser. The article concludes by recommending further enhancing collaboration between child protection and battered women’s services; augmenting prevention and early intervention services to families experiencing adult domestic violence; and focusing on protecting and increasing the safety of both children and their battered mothers.

Are coerced agreements involuntary?

It is widely supposed that agreements made in response to coercion are entered into involuntarily for that reason. This paper argues that that supposition is false and that it has generated a good deal of avoidable confusion in the courts and among some legal commentators. Agreements entered into involuntarily of course, have no legal standing. But, on any plausible account of coercion, agreements entered into in response to coercion are an inevitability of social life. To prohibit them would be to prohibit many agreements we ought to and do enforce (e.g. labor agreements entered into under threat of strike). This is not to deny that agreements induced by certain uses of force or certain threats of force have and ought to have no standing. But here it is the type of force or threat that invalidates the agreement, not the use of coercion per se.     

Are DNA data a valid source to study the spatial behavior of unknown offenders?

Studying the spatial behaviour of unknown offenders (i.e. undetected offenders) is difficult, because police recorded crime data do not contain information about these offenders. Recently, forensic DNA data has been used to study unknown offenders. However, DNA data are only a subset of the crimes committed by unknown offenders stored in police recorded crime data. To establish the suitability of DNA data for studying the spatial offending behaviour of unknown offenders, we examine the concentration and spatial similarity of detected but unsolved crimes in police recorded crime data (N?=?181,483) and DNA data (N?=?1913) over 27 Belgian judicial districts for four crime types. We established spatial similarity for certain crime types (in some districts). This offers opportunities for DNA data to be used to study unknown offenders' spatial offending behaviour. Implications for theory and research are discussed.     

Are internet robots adequately regulated?

The robots.txt protocol allows website owners to specify whether and if so, what bots may access their sites. On the one hand, websites owners may have good reason to fend off bots. The bots may consume too much capacity, they may harvest data that are not suitable for presentation elsewhere on the web, or the owner may have reasons for disallowing bots that lie in the relation with user of the bot. On the other hand, search engines, aggregators and other users of bots may provide social beneficial services based on the data collected by bots, i.e. data that are freely available to anybody visiting the site manually. How should the law regulate disputes that arise in this context? Two legal regimes (trespass to chattels and unauthorised access) have been examined. Based on the characteristics of the disputes at hand, a number of desirable characteristics for an ideal form of regulation are identified. When testing the two regimes they are found to be lacking. A structure for a form of regulation is presented that allows the law to develop in a way that does more justice to the disputes at hand.     

Are ivory antiques actually antique?

Crime, Law and Social Change - Twenty-five samples of ivory artefacts were analysed using a radiocarbon dating method. These artefacts were part of a collection of 77 items seized during a wildlife...     

Are courts re-inventing Internet regulation?

The article reviews the evolution and key dimensions of the jurisprudence around the world as it relates to the Internet regulation and governance. It argues that while the judicial sector played a fairly marginal role as far as on-line issues were concerned in the first two decades of the Internet development, judicial rulings have now emerged as one of the main forces shaping on-line freedom of expression and information and the Internet governance. The article reviews a number of decisions from Europe and Latin America to demonstrate that judicial ruling are challenging some of the Internet’s founding principles and values. They have become highly influential, not just as interpreters of the law (the tribunals’ traditional function) but as shapers or transformers of the Internet norms and values. This evolution has become particularly clear over the last three to five years, demonstrating the increasing confidence of judges and Tribunals in challenging engineers, users, corporations, or indeed governments and possibly establishing different norms as far as the cyberspace is concerned.