ADVISING THE GOVERNMENT: THE FAMILY LAW COUNCIL

Abstract: The Family Law Council was established in November 1976 with the responsibility of advising the Attorney-General on the operation of the Family Law Act 1975. This paper examines the role, membership and operation of the Family Law Council and its performance as a body providing policy advice to government. Statistical data is included on a number of matters. Although the paper draws mainly on the experience of the Family Law Council, some of the comments and suggestions made are possibly appropriate, in varying degrees, to other advisory bodies of a similar type. The paper suggests that such bodies are capable of offering inexpensive and representative advice to government and, if certain disadvantages can be overcome, more use of some existing advisory bodies may be desirable and this may even result in economies. It also suggests that there is a need to examine the whole advisory body field and that it is also desirable that the need for some ground rules for the creation and the operation of advisory bodies should be looked into.     

Coming of age in peace,prosperity, and connectivity: Cambodia’s young electorate and its impact on the ruling party’s political strategies

Cambodia’s youthful population is significantly responsible for a recent unexpected decline in the popularity of the Cambodian People’s Party, which has governed since the end of the Khmer Rouge regime. This increasingly young electorate has lived through an era of peace and openness with regular multi-party elections and impressive economic growth resulting in rapid structural change in the economy. Compared to their parents’ generation, this younger generation is better educated, highly mobile, aspires to salaried employment, and is well connected to new sources of information and technology. Because of this, their expectations, aspirations, opportunities, as well as challenges they face are remarkably different from those of older generations. However, Cambodia’s institutions of governance, dominated by personalized and patron–client networks that have been propped up by the ruling elite, has effectively marginalized this emerging youth population. This marginalization from political and economic resources has produced alienation and discontent, which represents a significant political problem for the ruling party’s political strategies.     

Women College Students’ Reasons for Engaging in Psychological Dating Aggression: a Qualitative Examination

Dating violence frequently occurs within women college students’ relationships, but few examinations of their reasons for engaging in psychological aggression have been conducted. Accordingly, the current study investigated psychological aggression initiated by women undergraduates against their male partners using a qualitative methodology. Overall, 72 of the 206 participants responded to an open-ended question examining their reasons for initiating psychological aggression. Six domains of reasons were identified; the two most frequently reported precipitants were negative affect and a partner’s transgression. One domain, “self-soothing,” (i.e., aggressing to help oneself feel better) had not been observed in studies of women’s initiation of physical aggression. These reasons could be targeted in prevention and intervention programs for reducing dating aggression among undergraduates.     

The mentally retarded offender in the criminal justice system

The problem of the mentally retarded offender begins at the first encounter with the criminal justice system and continues through the correctional system. A recent survey compared attitudus of police and mental health professional. Police (78%) felt that disturbed person (including mentally retarded offenders) should be handcuffed when being transported. In contrast, mental health professionals (84%) felt no individual should be handcuffed. The mentally retarded offenders, once incarcerated, are a group that is confronted with problems beyond those usually associated with prison life. The authors examine the complex issued stemming from the special conditions of the MRO and suggest recommendations for developing rational attitudes and policies within the criminal justice system.     

Right to die,euthanasia, and community sentiment

Three questions guide this research: Would nullifications occur in active euthanasia cases where the right to die is asserted? What sentiments would the community express, and how would those sentiments relate to nullifications? What variables would best predict verdict? Mock jurors offered reasons for their verdicts for four cases where all elements of first degree murder appeared to be satisfied. The cases varied thecompetency of the patient, theintent of the patient—if the wish to die was expressed, and whether a living will was present, and whether the defendant soughtcourt approval. Sizable nullifications (25% not guilty verdicts) and partial nullifications (39% guilty to lesser offenses) resulted. Some subjects viewed this as not a legal matter, but a private matter; others acknowledged the law's place, but viewed the law's position as wrong; still others nullified by using a common sense rather than a legal definition ofmalice. In this life-and-death matter, black letter law and common sense justice were not only far apart, but, in the eyes of some, irreconcilably so.     

Consensus on validation of forensic voice comparison

Since the 1960s, there have been calls for forensic voice comparison to be empirically validated under casework conditions. Since around 2000, there have been an increasing number of researchers and practitioners who conduct forensic-voice-comparison research and casework within the likelihood-ratio framework. In recent years, this community of researchers and practitioners has made substantial progress toward validation under casework conditions becoming a standard part of practice: Procedures for conducting validation have been developed, along with graphics and metrics for representing the results, and an increasing number of papers are being published that include empirical validation of forensic-voice-comparison systems under conditions reflecting casework conditions. An outstanding question, however, is: In the context of a case, given the results of an empirical validation of a forensic-voice-comparison system, how can one decide whether the system is good enough for its output to be used in court? This paper provides a statement of consensus developed in response to this question. Contributors included individuals who had knowledge and experience of validating forensic-voice-comparison systems in research and/or casework contexts, and individuals who had actually presented validation results to courts. They also included individuals who could bring a legal perspective on these matters, and individuals with knowledge and experience of validation in forensic science more broadly. We provide recommendations on what practitioners should do when conducting evaluations and validations, and what they should present to the court. Although our focus is explicitly on forensic voice comparison, we hope that this contribution will be of interest to an audience concerned with validation in forensic science more broadly. Although not written specifically for a legal audience, we hope that this contribution will still be of interest to lawyers.     

The effectiveness of various strategies to improve DNA analysis of formaldehyde-damaged tissues from embalmed cadavers for human identification purposes

Formalin-fixed tissues provide the medical and forensic communities with alternative and often last resort sources of DNA for identification or diagnostic purposes. The DNA in these samples can be highly degraded and chemically damaged, making downstream genotyping using short tandem repeats (STRs) challenging. Therefore, the use of alternative genetic markers, methods that pre-amplify the low amount of good quality DNA present, or methods that repair the damaged DNA template may provide more probative genetic information. This study investigated whether whole genome amplification (WGA) and DNA repair could improve STR typing of formaldehyde-damaged (FD) tissues from embalmed cadavers. Additionally, comparative genotyping success using bi-allelic markers, including INDELs and SNPs, was explored. Calculated random match probabilities (RMPs) using traditional STRs, INDEL markers, and two next generation sequencing (NGS) panels were compared across all samples. Overall, results showed that neither WGA nor DNA repair substantially improved STR success rates from formalin-fixed tissue samples. However, when DNA from FD samples was genotyped using INDEL and SNP-based panels, the RMP of each sample was markedly lower than the RMPs calculated from partial STR profiles. Therefore, the results of this study suggest that rather than attempting to improve the quantity and quality of severely damaged and degraded DNA prior to STR typing, a more productive approach may be to target smaller amplicons to provide more discriminatory DNA identifications. Furthermore, an NGS panel with less loci may yield better results when examining FD samples, due to more optimized chemistries that result in greater allelic balance and amplicon coverage.     

Sustainable fiscal policies and budgetary risk under alternative monetary policy arrangements

Early work on the theory of economic policy stressed the importance of the interactions between fiscal and monetary policy. Tinbergen, and Cooper, showed us that there would be costs in instability and protracted imbalances, in particular fiscal imbalances, if this was not recognised. Yet most models we use today treat fiscal or monetary policies as if they operated alone. This paper reviews the advantages of recognising those interactions. We consider three possibilities: fiscal leadership (in the sense of acting first), monetary leadership, and simultaneous decision making, each underpinned by independence at the central bank. This temporal separation is important because it creates an opportunity for punishment by the follower (a result from asynchronous games). Making fiscal policy lead, and monetary follow, provides fiscal precommitment and the best results for output, inflation and fiscal balances. In particular, it ensures sustainable public finances without the need for arbitrary (and easily evaded) external restrictions. We show these results are proof against override by rational governments; and robust to changes in structure caused by flattening of the Phillips curve, globalisation, market reforms, and changes in savings.