Achieving justice for children: public defenders in Israel's juvenile courts

In 1999, public defender (PD) representation of defendants appearing before Israel's juvenile courts began to be phased in. This article reports some of the major findings of a study that examined the impacts of the introduction of PDs. Analysis of interviews with 14 PDs yielded four major themes concerning the impact of the "arrival" of PDs, nature of the court, PDs' role, and PDs' interactions with other court actors. Analysis of interviews with eight prosecutors yielded seven themes concerning the need for PDs, PD as state agent, PDs' role, harms of legalization, disruption of the court, compromising the therapeutic value of the court hearing, and changes in court process. More generally, both PDs and prosecutors placed uncritical store in the value of rehabilitation alternatives. Indeed, the welfare model continues to shape their roles. The findings can largely be explained in terms of Eisenstein and Jacob's courtroom workgroup model.     

Mitigation of armed criminality through an African indigenous approach

Insecurity with the use of small arms has become a disturbing theme in Kenya increasing over the past two decades. Rural areas have seen escalating levels of armed inter-communal resource conflict, with rustling of large numbers of cattle and loss of lives. Official security forces may be weak in such areas, or may be corrupt, demanding bribes to provide their services. In such circumstances communities may resort to providing their own solutions, which have their merits and demerits. One such homegrown solution has come out of Kuria. The Sungusungu are indigenous police, attached to a traditional Iritongo or court owned and funded by the community, and later hesitantly supported by the modern public administration. Their efforts at managing armed criminality in the late 1990s were unexpectedly successful, bringing law and order and leading to a transformation in the district. This article considers their successes and also notes real and potential problems with this concept of indigenous policing, with regard to its wider application.     

Asia Pacific news

This column provides a country-by-country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

The legal geographies of transnational cyber-prosecutions: extradition,human rights and forum shifting

This article describes legal and human rights issues in three cases of transnational online offending involving extradition requests by the United States (US). These cases were selected as all suspects claimed the negative impacts of autism spectrum disorders (ASDs) were sufficient to deny extradition on human rights grounds. We demonstrate how recent developments in UK and Irish extradition law raise human rights and prosecutorial challenges specific to online offending that are not met by established protections under domestic and internationally sanctioned approaches to extradition or human rights law. In these cases, although the allegedly unlawful conduct occurred exclusively online and concurrent jurisdiction enables prosecution at both the source and location of harm, we demonstrate why national courts hearing extradition challenges are extremely reluctant to shift the trial forum. We conclude by discussing the implications of the new geographies of online offending for future criminological research and transnational criminal justice.     

Asia Pacific news

This column provides a country-by-country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications’ industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

Malawi

Democracy in Malawi is relatively new, due to the late introduction of a multiparty system in the mid‐1990s. Now it has all the systems in place but has been slow to make them effective.     

Abstracts of papers given at the 25th annual conference of the Scottish legal history group

Modern Legal History. A. H. Manchester. London. 1980. Butterworths. xxv and 419 pp (incl. Index). £14.50 cased, £9.75 limp.

Introduction historique au droit. John Gilissen. Brussels. 1979. Emile Bruylant. 756 pp. 2200 Bfr. (2075 Bfr. abroad).

Legal Evolution: The Story of an Idea. Peter Stein. Cambridge. 1980. Cambridge University Press. xi and 131 pp (incl. Index). £15.00 cased.

Judecata Domneasca în Tara Româneasca ?i Moldova (1611–1831) (Princely Justice in Wallachia and Moldavia, 1611–1831) Part I. Judicial Organisation, 1611–1740 by V. A. Georgescu and P. Strihan. Editura Academiei Republicii Socialiste România, Bucharest, 1979, 218 pp. Lei 17.

Bizantul ?i Institutiile Române?ti pîna la Mijlocul Secolului al XVIII lea (Byzantium and Romanian Institutions until the mid‐18th century) by V. A. Georgescu. Editura Academiei Republicii Socialiste Romania, Bucharest, 1979, 296 pp. Lei 22.50.

TUC: The Growth of a Pressure Group 1868–1976. Ross M. Martin. Oxford. 1980. Clarendon Press. xiii and 394 pp (incl. Index). £14.00 cased.     

The Royal Navy,Intelligence and the Spanish Civil War: Lessons in Air Power, 1936–39

This article discusses the Royal Navy (RN)—Royal Air Force (RAF) feud concerning the use of air power in the round through an investigation of each service's appreciations of the lessons being learned about air power during the Spanish Civil War. It reveals that despite such bodies as the Joint Intelligence Committee existing, for the processing of operational and strategic intelligence, there was very little that was joint about the way air power lessons were being used to inform RN and RAF interwar preparations for future conflict. Not only were the RN and RAF rivals, which dragged out the process and skewed the results so that they became useless for planning, but in that non-joint age each service could use the results for its own separate purposes and avoid any synergy among the services for operational and strategic effectiveness.     

The Erosion of Party Politics in Britain

This article looks at the erosion of democratic practice enacted by "New" Labour in Britain under the leadership of Tony Blair. Building on the internal reforms of the 1980s, the process of Labour Party "modernization" has created an exclusive, top-down managerial style of leadership. This type of party leadership and management has far-reaching implications for British politics more generally, not least the role of political parties. The current crisis of the Conservatives and the destruction of representative democracy within the Labour Party pose serious questions regarding the medium-term future of parties as voluntary membership organizations. These changes are placed in the context of a possible longer-term transformation of British political structures in order to exchange the long-established administration of the Conservative Party for a new type of governmental machinery. The aim is not a new "traditional" party of government, but a partyless formation built around a dominant central presidential figure and his office—a change which necessitates abolishing the Labour Party and social democracy as they currently exist. It is argued that this anticipated remedy to a protracted crisis of the British state accords closely to the requirements of neoliberal economic management, while drawing upon developments in the wider global environment. However, if this is to succeed, Blair's "modernizing" tendency needs to be able to articulate a coherent ideology that strikes a popular chord. Thus far, Blair's managerial approach to politics may have scored a few points against the old party ideologies, but it has also undermined attempts to promote an alternative ideology—even one of a "partyless" nature.