The Court for Sexual Offences: perceptions of the families of the victims of sexual offences

This article aims to evaluate the degree to which the Court for Sexual Offences in Bloemfontein, Free State, South Africa and associated auxiliary institutions meet the needs of the families of the victims of sex-crimes. The perceptions of 24 family members of victims were obtained. These individuals generally perceived the functioning of the Court and its auxiliary institutions in a positive light. However, perceptions of the time that cases took to come to trial and the standard of post-trial interaction between the Court and the families was not positive. A need for more effective victim-care at both social and psychological levels was identified. Future psycho-legal research possibilities in this largely neglected field are highlighted.     

The Court for Sexual Offences: perceptions of the victims of sexual offences

This article explores the perceptions of sexual offence victims following their interaction with the Court for Sexual Offences in Bloemfontein, Free State, South Africa. The study primarily investigates these individuals' satisfaction with the degree to which the Court succeeds in providing more effective justice for victims and reduces secondary victimization during judicial proceedings. The respondents were generally positive with regard to their experiences with the Court. However, cases were still found to be slow in coming to trial. The treatment of the victims after their participation in the trials was found not to be of the same standard as that received before they testified. These findings point to potential changes to the current system to further enhance the Court's functioning and legitimacy amongst the people who make use of its services.     

Inference of human geographic origins using Alu insertion polymorphisms

The inference of an individual's geographic ancestry or origin can be critical in narrowing the field of potential suspects in a criminal investigation. Most current technologies rely on single nucleotide polymorphism (SNP) genotypes to accomplish this task. However, SNPs can introduce homoplasy into an analysis since they can be identical-by-state. We introduce the use of insertion polymorphisms based on short interspersed elements (SINEs) as a potential alternative to SNPs. SINE polymorphisms are identical-by-descent, essentially homoplasy-free, and inexpensive to genotype using a variety of approaches. Herein, we present results of a blind study using 100 Alu insertion polymorphisms to infer the geographic ancestry of 18 unknown individuals from a variety of geographic locations. Using a Structure analysis of the Alu insertion polymorphism-based genotypes, we were able to correctly infer the geographic affiliation of all 18 unknown human individuals with high levels of confidence. This technique to infer the geographic affiliation of unknown human DNA samples will be a useful tool in forensic genomics.     

Damages in medical litigation in New South Wales

In the period 2001 to 2003, the New South Wales legislature enacted four Acts that impinge on the assessment of damages in litigation against health professionals. They are the Health Care Liability Act 2001 (NSW), the Civil Liability Act 2002 (NSW) (as originally enacted), the Civil Liability Amendment (Personal Responsibility) Act 2002 (NSW) and the Civil Liability Amendment Act 2003 (NSW). This article considers the principles on which damages are assessed in medical litigation and how those principles have been affected by these four enactments. It points out that each piece of legislation was retrospective in applying to events that occurred both before and after its commencement. However, proceedings already issued before a particular date were excluded in each case from the retrospective operation of the legislation. The article provides details of the relevant dates of operation of each of the statutes.     

We need a larger theory of negotiation: The importance of pre-negotiating phases

Negotiation Journal -     

Employment,age, race,and crime: A labor theoretic investigation

The fundamental objective of this paper has been to reinvestigate the relationship between employment and crime, while taking account of deterrence, age and race effects. The data, a sample of Brooklyn arrestees, was collected by the Vera Institute of Justice simply to explore, with individual data, the relationship between employment and crime. In this research, a labor theoretic formulation is used incorporating a model that views the problem as one of rational choice between legitimate work and participation in crime. Factors affecting the diminution of crime participation with age are investigated. Changes at age 18 in economic opportunities and in deterrence effects from moving from juvenile to adult status are found to have a significant impact on crime participation. The results are important because they tend to confirm with official crime report data, results found in earlier studies using self-report data, i.e., (1) when the process is appropriately modeled, previous contacts with police are found to cause some experimenters with crime to become desisters, (2) prior work experience and economic opportunities tend to reinforce this tendency to desist, (3) even though blacks are found to have a greater prevalence of involvement in crime, when the data are standardized for all of the aforementioned factors and educational attainment, there is no significant difference between blacks and whites in their tendency to recidivate.     

Felony and misdemeanor defendants filed in the u.s. district courts during fiscal years 1990–95: An analysis of the filings of each offense level

The number of criminal defendants in cases filed in the federal courts increased by fewer than 1,000 from 1990 to 1995. Separate analyses of filings of felony and misdemeanor defendants revealed that there are different factors that influence the magnitude of the caseload of each offense level. The number of federal felony filings is strongly linked to staffing levels within the ninety-four U.S. attorneys’ offices, while the types of filings are a reflection of prosecution priorities. As a result, the magnitude of the felony caseload in the federal courts does not mirror either local or national crime rates. Misdemeanor filings, on the other hand, are dependent on enforcement practices of local authorities at military bases and/or national parks, and are concentrated within a few federal courts. The number of misdemeanor filings and traffic violations, in particular, are susceptible to dramatic changes when these local authorities modify their enforcement procedures.     

Hazardous waste,distributional conflict,and a trilogy of failures

Environmentally dangerous but profitable hazardous waste disposal is an instance of market failure. Tort law has failed as a social mechanism to sanction powerful corporations for such crimes against the environment. The federal Superfund hazardous waste cleanup program, a regulatory system created to fill this void, is also marked by failure. This article makes the case that the inability to resolve Superfund-engendered distributional conflicts has precluded the efficient and equitable outcomes that characterize a socially beneficial market, tort, or regulatory response. A political economy of regulation that links conflict, conflict resolution, and Superfund failure is examined.