Book reviews

Indonesia. By J. D. Legge. Prentice‐Hall, New Jersey, 1965. Pp. iii, 184. 40/‐

Pre‐capitalist Economic Formations. By Karl Marx. With an introduction by Eric Hobsbawm. Trans, by Jack Cohen. Lawrence and Wishart, London, 1964. Pp. 153. 25/‐.

Economic Survey of Latin America, 1962. Organization of American States. The John Hopkins University Press, Baltimore, 1964. Pp. 425. 68/‐     

The Caribbean Court of Justice and the Legal Profession: Promoting a Caribbean Jurisprudence*

The author submits that the main purpose in the establishment of the Caribbean Court of Justice (CCJ) is to promote the development of a Caribbean jurisprudence, based on the Commonwealth Caribbean's common historic, political, economic and cultural experiences and mutual history.

The article examines the role of final appellate courts, noting that judges of such courts must often choose between alternatives which are perfectly capable of being defended as rational, reasonable and consistent with ‘the law’. Factors such as life experiences, socialisation, and backgrounds all play a role in determining the choices that are ultimately made. This is why, the author underscores that ‘it is so important to have a diverse Bench, to have Judges from different backgrounds’.

For judges to come close to steering the right course they must have an understanding of the society that gives rise to the legal disputes. They must be grounded in that society. In this respect, the author argues, it is remarkable that the evolution of certain landmark judgments relating to human rights, particularly capital punishment, have been rendered by British judges, sitting and residing in England.

The article, which draws on a wealth of jurisprudence, proceeds to examine the original jurisdiction of the CCJ and the role of the Bar in defending the integrity of the Court and the justice system as well as in enhancing the quality of judgments.

Finally, it emphasises the need to promote Caribbean jurisprudence and access to local judgments. In this regard, it is lamented that many truly outstanding judgments of Caribbean judges do not receive the recognition they should because, if there is an appeal, they become almost automatically buried beneath the judgments of the higher court.     

A Set of Handwriting Features for Use in Automated Writer Identification,

A writer's biometric identity can be characterized through the distribution of physical feature measurements (“writer's profile”); a graph‐based system that facilitates the quantification of these features is described. To accomplish this quantification, handwriting is segmented into basic graphical forms (“graphemes”), which are “skeletonized” to yield the graphical topology of the handwritten segment. The graph‐based matching algorithm compares the graphemes first by their graphical topology and then by their geometric features. Graphs derived from known writers can be compared against graphs extracted from unknown writings. The process is computationally intensive and relies heavily upon statistical pattern recognition algorithms. This article focuses on the quantification of these physical features and the construction of the associated pattern recognition methods for using the features to discriminate among writers. The graph‐based system described in this article has been implemented in a highly accurate and approximately language‐independent biometric recognition system of writers of cursive documents.     

Contested views of expertise in children’s care and permanence proceedings

In this article, we consider different perspectives on who is best able to provide relevant and helpful expertise in public law cases where the long-term care of children is under consideration. Opinions vary and sometimes conflict on the respective importance of legal, child development, and lay understandings. These opinions relate to views on rights, appropriate procedures, decision-making processes, and the effects of decisions on children. Firstly, we summarise literature relevant to the knowledge and skills of three key groups of decision-makers within the Scottish child care system: legal professionals, child care professionals and lay decision-makers, and outline literature about guardians ad litem and their counterparts. We then discuss issues of expertise emerging from a study exploring the reasons for, and impact of, the appointment of safeguarders (who, in Scotland, perform a similar role to guardians). We conclude that there may be an increasing tendency for disagreement and a lack of clarity about who brings the most relevant and helpful expertise to hearings; this may have negative effects for children.     

The Price of Justice: New National and State-Level Estimates of the Judicial and Legal Costs of Crime to Taxpayers

Programs that prevent crime cost money. In order to efficiently allocate these limited funds, we need to know how much people benefit from crime prevention. While there are some comprehensive estimates of the cost of (or benefits of avoiding) crime to victims and to society at large, we have very limited crime-specific information on the legal system resources that would be freed up for other purposes across states. Using a Monte Carlo simulation approach to take into account uncertainty in the data, this study finds the national average costs to taxpayers for judicial/legal services per reported crime are likely around the following (in 2010 dollars): $22,000–$44,000 (homicide), $2000–$5000 (rape and sexual assault), $600–$1300 (robbery), $800–$2100 (aggravated assault), $200–$600 (burglary), $300–$600 (larceny/theft), and $200–$400 (motor vehicle theft). At a state-level, the costs of crime are 50 % to 70 % more or less than these national averages depending on the crime type and state. These estimates can be used to understand the level of resources spent per crime and the potential legal resources freed up for a change in reported crime rates; they are not a measure of waste or efficiency, but it is hoped this study contributes to this debate.     

Ideas of Transgression and Buddhist Monks

It is implicit in a western understanding of law that law is a series of generalisations, which are universal and which aim to promote social community. At the same time ‘law’ is expected to operate in a territory (rather than for specific people or castes) where it applies, and to apply to a community of rights-bearing subjects. Such a view of law may have reflected part of the values of the European Enlightenment where law was seen as a rational science and where religion has been seen as excluded from law. An alternative route in the study of law is to study ‘transgressions’. The literature on ‘transgression’ suggests transgressions form an amorphous category and a proper examination of them is not closed by the normal taxonomy between the studies of ‘law as obedience’ versus ‘laws as violation’. In one sense transgressions are part of the rule, yet a separate category in their own right. I use the concept of ‘transgression’ to attempt to describe the legal significance of ‘violations’ in the rules of the Buddhist monks (Vinaya). I conclude that a proper consideration of the role of sexual desire in the Vinaya allows me to show that ‘violations were accepted within an institutional framework, that ‘violators’ were not excluded from the order of monks and that sexual experience could be seen as an alternative, if controversial, path of spiritual development.     

Making It Count: Sexual Offences,Evidential Sufficiency,and the Mentally Disordered Complainant

Sexual offences are notoriously difficult to prove, even without the added evidential difficulties posed by a key prosecution witness with mental health problems. Yet, according to the annually published criminal justice statistics, the conviction rate for sexual activity with a person with a mental disorder is, on average, around three times greater than that for rape. This article begins by scrutinising the plausibility of such a counter-intuitive proposition, concluding that the greater success implied by the statistics is likely to be more apparent than real. In the process of reaching this conclusion, challenging questions surrounding the prosecution of sex cases involving mentally disordered complainants are raised. These substantive and practical issues are explored in a critical analysis of new empirical data and reported cases.     

A New Digital Method for the Objective Comparison of Frontal Sinuses for Identification*

Abstract: Use of the frontal sinuses for identification requires an objective method of comparison to meet Daubert standards. Christensen’s application of Elliptical Fourier Analysis and Likelihood Ratios seems to be a viable solution for this problem. The proposed method draws upon this work and attempts to simplify its application. Variation between pairs of digitized sinus tracings was quantified by summing the difference between corresponding measurements taken from a fixed origin to the outer edge of the sinus outlines using Adobe Photoshop^® CS2. Same‐skull and different‐skull pairs were used to develop reference distributions from which the probability of unknown pairs coming from the same or a different individual was estimated. Error rates of 0% were achieved. Resulting correlation coefficients demonstrated inter‐rater and test–retest reliability. Further refinement of the reference distributions and more rigorous testing of error rates should make this technique applicable to casework.