The negligence of prison authorities and the protection of prisoner’s rights

This article looks at the potential for legal action brought by prisoners (and their dependants) who have suffered from the alleged neglect of the prison authorities. The article will examine the case law in this area to assess the success of prisoners’ negligence claims and whether such claims are unduly fettered by judicial attitudes and other more practical issues such as the difficulty in establishing a breach of duty. In particular the article will consider whether the law and its application has been, or should be, modified in the light of new obligations imposed on public authorities, including the courts, by the Human Rights Act 1998 and by the developing case law of the European Court of Human Rights in respect of Convention rights such as the right to life and freedom from inhuman and degrading treatment.     

Public satisfaction with the police in domestic violence cases: The importance of arrest,expectations, and involuntary contact

This study examines the importance of victims’ expectations of the police, the decision to arrest, and voluntary contact on satisfaction ratings of the police in domestic violence cases. Based on results from past research and modern police policy, several hypotheses are tested including: fulfilled expectations, offender arrests, and voluntary contacts resulting in positive satisfaction ratings of the police. To investigate these predictions further, the present study utilizes data from a national study on violence against women in the United States. Logistic regression analyses indicate that fulfilled expectations and the arrest decision are important to positive satisfaction ratings. Findings also indicate that involuntary, not voluntary, contact with the police leads to higher satisfaction ratings.     

The evaluation of the extent of transporting or "tracking" an identifiable ignitable liquid (gasoline) throughout fire scenes during the investigative process

Tests have determined that boots or shoes of individuals at a fire scene do not transport sufficient contaminants ("tracking") through the fire scene to produce a positive laboratory result for the presence of gasoline in a fire scene that was not present at the time of the fire. Questions about the validity of forensic laboratory results have been raised on the basis that low-level gasoline residues detected in the laboratory samples could have been the result of transporting the residue by footwear contaminated from the fire scene ("tracking"). The data collected in this study establish that "tracking" does not lead to false-positive laboratory results. Canines trained and experienced in the detection of trace ignitable liquid residues were also utilized in this study. The canine results confirmed that properly trained canines show a higher sensitivity than do standard ASTM laboratory techniques for fire debris analysis. In a few cases, canines responded to contamination, but laboratory testing (which is the definitive indicator) did not produce positive results.     

Government Hedging: Motivation, Implementation, and Evaluation

This article examines option hedging strategies that enable politicians to manage budgetary risk. While the theoretical risk management arguments are general, the simulation analysis considers the example of oil revenue risk in Texas, and estimates the costs and benefits of an option hedging program. To evaluate government option hedging strategies, the study develops a hedge quotient measure that compares the future value of realized revenues plus net option proceeds to the future value of expected revenue. The average hedge quotient is found to be lower for the option hedging strategy than for the unhedged position, illustrating the cost of an option hedging program. Nevertheless, option hedging effectively manages extreme downside risk and stops large budget deficits from occurring. Politicians may also like option hedging because it preserves the potential of realizing budget surpluses.     

La nouvelle gestion publique et l'accroissement des marges de manœuvre : un terreau propice au développement de l'éthique?

Abstract: The administrative discretion of civil servants is a central topic in public administration literature. Some authors view it as necessary and beneficial, while other researchers see it is a source of widespread abuse. However, reforms inspired by the “new public management” taking place in a number of public administrations are promoting greater managerial flexibility. In parallel with these modernization initiatives directed at administration, scandals continue to shake politico‐administrative life, and ethical issues are increasingly at the heart of public action. It is within this context that we question the relationship between an increasing managerial discretion and the development of an ethics infrastructure. Which areas are at risk? Can ethics help overcome the potential abuses of power? How do managers perceive their ability to be flexible and the role of ethics in their work? How do you implement the ethical requirements developed in various standards documents? These are the principal themes addressed in this article that presents the findings of a qualitative case study conducted in a Quebec ministry in 2008–2009. Our results show that, contrary to what promoters of the new public management claim, managers have little, if any, discretionary power in matters of financial management. Their actions and decisions are strictly governed by hierarchical control mechanisms or a computer system. This explains in part why taking ownership of general principles and establishing an ethics infrastructure remain a formal process.     

Clinically Significant Trauma Symptoms and Behavioral Problems in a Community-based Sample of Children Exposed to Domestic Violence

This study assessed the associations of characteristics of domestic violence incidents with clinically significant levels of traumatic symptoms and behavioral problems in a socio-economically and ethnically mixed sample of 687 children participating in a community-service program for children witnessing violence. Study predictors included child/family demographic characteristics, type and chronicity of exposure, and child’s perceptions of control over the event and threat to personal safety. Outcomes consisted of traumatic symptoms and behavior problems. Results showed that perceived threat and control were associated with greater odds of clinically significant levels of several trauma symptoms (and behavior problems in the case of perceived threat) after adjusting for effects of demographic factors and violence characteristics. Child co-victimization increased odds of reaching clinically significant levels of traumatic symptoms compared to children who witnessed the event but were not victimized. Female sex and White ethnicity increased odds of specific trauma symptoms and behavior problems. Increasing age reduced odds of some trauma symptoms. Associations between predictors and one outcome measure did not generalize across the other outcome measure. Implications of study findings, and directions for future research are discussed.     

‘From Seoul with Love’ — The Continuing Relevance of the 1986 Seoul ILA Declaration on Progressive Development of Principles of Public International Law Relating to a New International Economic Order

Netherlands International Law Review -     

A novel histological technique for distinguishing between epithelial cells in forensic casework

There are a number of forensic cases in which the identification of the epithelial cell type from which DNA originated would provide important probative evidence. This study aimed to develop a technique using histological staining of fixed cells to distinguish between skin, buccal and vaginal epithelium. First, 11 different stains were screened on formalin-fixed, wax-embedded cells from five women. Samples were analysed qualitatively by examining staining patterns (colour) and morphology (absence or presence of nuclei). Three of the staining methods – Dane's, Csaba's and Ayoub-Shklar – were successful in distinguishing skin epithelial cells from buccal and vaginal. Second, cells were smeared directly onto slides, fixed with one of five fixatives and stained with one of the three stains mentioned above. Methanol fixation, coupled with the Dane's staining method, specific to keratin, was the only technique that distinguished between all three cell types. Skin cells stained magenta, red and orange and lacked nuclei; buccal cells stained predominantly orange–pink with red nuclei; while vaginal cells stained bright orange with orange nuclei and a blue extracellular hue. This staining pattern in vaginal cells was consistent in samples collected from 50 women aged between 18 and 67. Identification of cell type from unlabelled micrographs by 10 trained observers showed a mean success rate of 95%. The results of this study demonstrate that histological staining may provide forensic scientists with a technique for distinguishing between skin, buccal and vaginal epithelial cells and thus would enable more conclusive analyses when investigating sexual assault cases.     

Interrogation of short tandem repeats using fluorescent probes and melting curve analysis: A step towards rapid DNA identity screening

Current forensic DNA profiling methods rely on the analysis of samples at specialised laboratories with an average turnaround time of several days. The ability to rapidly determine a partial profile of short tandem repeats at the point-of-arrest would be of great benefit to police forces around the world, for example enabling a suspect to be rapidly included or excluded from an investigation. We have developed a homogeneous PCR method for the interrogation of STR loci utilising fluorescent oligonucleotide probes and melting curve analysis. Alleles of the D18S51, TH01 and D8S1179 loci were differentiated and identified on the basis of target length and probe melting temperature. Assay performance was evaluated by comparing melting peak data with the AmpFlSTR^® SGM Plus^® system. The method is compatible with direct analysis of unpurified buccal swab samples, enabling a partial STR profile to be generated within 1 h.