Child witnesses in criminal court

The last decade has witnessed a dramatic rise in public and professional concern regarding the special needs of children as witnesses in the court setting. This study was conducted to examine characteristics of criminal court cases involving children as potential witnesses that were adjudicated through a trial conviction, trial acquittal, or guilty plea, from among cases that went to court in a 12-month period in nine judicial circuits in three states. Three hundred sixteen criminal court cases involving children as potential witnesses were examined. The vast majority, of these cases involved sexual crimes against children. The results indicated that relatively few (16.8%) adjudicated cases were resolved through a trial proceeding. Sentencing varied from state to state and as a function of the disposition of the case. Future research should be conducted prospectively to determine (a) whether cases involving children as witnesses in criminal court are prosecuted at lower rates than cases involving adults and (b) the reasons that cases leave the criminal justice system prior to any court actions.This research was supported by State Justice Institute grant No. 88-11J-D-064. Points of view or opinions expressed in this article do not necessarily represent the official position or policies of the State Justice Institute.     

Linking ammonium nitrate-aluminum (AN-AL) post-blast residues to pre-blast explosive materials using isotope ratio and trace elemental analysis for source attribution

Forensic science practitioners are often called upon to attribute crimes using trace evidence, such as explosive remnants, with the ultimate goal of associating a crime with a suspect or suspects in order to prevent further attacks. The explosive charge is an attractive component for attribution in crimes involving explosives as there are limited pathways for acquisition. However, there is currently no capability to link an explosive charge to its source via post-blast trace residues using isotope ratios or trace elements. Here, we sought to determine if pre-blast attribution signatures are preserved after detonation and can be subsequently recovered and detected. A field study was conducted to recover samples of post-blast explosives from controlled detonations of ammonium nitrate-aluminum (AN-Al), which were then analyzed via isotope ratio mass spectrometry (IRMS) and inductively coupled plasma-mass spectrometry (ICP-MS) for quantitation and profiling of isotopes ratio and trace element signatures, respectively. Oxygen and nitrogen isotope ratios from AN-Al yielded some of the most promising results with considerable overlap within one standard deviation of the reference between the spreads of pre- and post-blast data. Trace element results from AN-Al support the findings in the isotope ratio data, with 26 elements detected in both pre- and post-blast samples, and several elements including B, Cd, Cr, Ni, Sn, V, and Zn showing considerable overlap. These preliminary results provide a proof-of-concept for the development of forensic examinations that can attribute signatures from post-blast debris to signatures in pre-blast explosive materials for use in future investigations.     

Transfers of undertakings a new meaning?

Defining the meaning of a transfer of an undertaking in the context of outsourcing has led to much litigation. After years of discussion the Acquired Rights Directive, which has been the source of much confusion and misunderstanding, has been amended. Unfortunately, the new Directive does little more than follow the approach of the European Court of Justice and has done little to make matters more certain. This article examines the change of definition and argues that they are inadequate.     

Reviews: Editorial commentary

Abstract

Home Truths about Child Sexual Abuse: Influencing Policy and Practice: A reader Catherine Itzin (4) Routledge, London, 2000. ISBN0415 15261 5 (hbk) f55.0O/f18.990415 152623 (pbk) £18.99

Child Sexual Assault: Feminist perspectives Pat Cox, Sheila Kenhaw andJoy Trotter (eds) Palgrave, London. 2000. 248pp. ISBN 0 333 77153 2. (hbk) £45.00

Athletes and Acquaintance Rape Jeffrey R Benedict Sage (Violence Against Women Series). London, 1998. 120pp ISBN 0 7619 0966 4 (hbk) f47.00 / 0 7619 0967 2 (pbk) £19.00

Whistleblowing in the Social Services: Public accountability and professional practice Geoffrey Hunt (ed.), Foreword by Allan Levy, QC Edward Arnold, London, 1998. 278pp. ISBN 0 340 65245 4 (pbk) £18.99     

Clinical assessment of adult sexual offenders with learning disabilities

Abstract

Assessment and treatment of adults with learning disabilities who commit sexual offences presents a number of challenges. Much of the professional forensic and psychiatric literature on work with this group concentrates on the development of interventions based on theoretical models of sexual offending originating from the mainstream criminal justice system and have often been adapted and applied to people with learning disabilities. Currently, there is very little evidence to demonstrate the effectiveness or validity of the adaptation and application of mainstream models to this population. The efficacy of such adapted models used to describe sexual offending in people with learning disabilities clearly has an impact of any intervention informed by them. In particular, some researchers suggest that key factors such as cognitive distortions are evident in sexual offenders with learning disabilities; there is, however, no research relating to the prevalence of these or other key factors within the general population of people with learning disabilities. The present literature review highlights some of the clinical issues with a particular focus on the assessment of deviant sexual interest. Specifically, the literature is confused with inconsistencies relating to the definition of the group, the extent and nature of offending and a lack of standardized methodology for assessment and comparison. Consideration is given to the particular needs of this group and the implications for research and treatment.     

The black male sex offender in prison: Images and issues

Abstract

In this paper it is suggested that White constructions of Black male sexuality may prevent Black male sex offenders in prison from being offered the opportunity to attend offence-focused programmes. Additionally, it is also suggested that the full participation of Black male sex offenders in such programmes may be inhibited by the groupwork environment and the content of these programmes. It is argued that an additional strategy is needed to enable Black male sex offenders to participate in these groupwork programmes.     

The debate on a regional arms register in Southeast Asia

Abstract

ASEAN member states are no longer opposed in principle to military information sharing and the ASEAN Regional Forum (ARF) is now actively considering ideas for new confidence‐building measures in this area. The first specific transparency measure supported by ARF was the UN Register of Conventional Arms, whose success in the region has been a result, at least in part, of its flexibility. Because of the limited scope of the UN Register, debate has continued on the possibility of a regional Register. As this debate has proceeded, however, it has become apparent that the creation of such a Register will require a number of complex and difficult issues to be resolved. What additional data should such a Register include? Who should be responsible for operating such a Register? Which countries should be included? Because of these difficulties, the prospects of a regional Register being established in the near future are rather slender. But, as they become more comfortable with the concept of transparency, there is still considerable scope for ARF members to do more to adopt regional ‘best practice’ in their replies to the main UN Register. The Register formula of framework plus flexibility could also be used as a model for the development of parallel transparency arrangements in areas other than arms transfers. The experience of the Register debate suggest that the development of concrete confidence‐building measures in the ARF region is likely to be a gradual process. Progress is possible, but is unlikely to transform levels of national openness on military affairs overnight. The main obstacles to increased transparency may prove to be domestic and political rather than international and military: demonstrating once again the way in which the confidence‐building agenda is linked to broader debates about the necessary political foundations of a secure regional order.     

Anticommunautarisme and the government of religious difference

Abstract

The 1901 Law on Associations and the 1905 Law on the Separation of Churches and the State constitute enduring landmarks in the government of religion in France. With these statutes, a religiously neutralized public space came into being, for the purpose of governing a religiously (and ideologically) divided population. A consideration of the legislative history throws light on the related concepts of laïcité and anticommunautarisme, without caricaturing the ‘secularist’ institutions of a French state where – as in other European liberal regimes – religious associations now play a definite but limited role in areas of governmental concern.