Who's Your Daddy?: The Marital Presumption of Legitimacy in the Modern World and its Application to Same‐Sex Couples

Recently, the definition of marriage has been significantly altered. No longer do we find ourselves exclusively in the midst of “traditional marriage” between one man and one woman. Instead, everywhere we experience different kinds of marriages and diverse, nontraditional families. The United States has finally caught up to many advanced democracies in universally recognizing same‐sex marriage through the Supreme Court's decision in Obergefell v. Hodges. However, the next question remains unanswered: what about families of same‐sex couples? This Note explores the nature of same‐sex couples, their families, and in particular, their children. It addresses the issue of the marital presumption of legitimacy and encourages its application to all legally recognized married couples regardless of sexual orientation and biology. Even though prior to Obergefell some states were unwilling to apply the presumption, since the implementation of marriage equality, the next logical step would be to utilize the presumption to ensure that all parents, regardless of gender, are recognized and families are preserved.     

Policing and Crime Act 2017: Changes to pre-charge bail and the impact on digital forensic analysis

Following the enactment of the Police and Crime Act 2017, subsequent amendments to the Police and Criminal Evidence Act 1984 have seen a ‘cap’ placed on the length of time a suspect can be released on bail; a process commonly referred to as ‘police bail’ or ‘pre-charge bail’. Whilst designed to instil consistency and certainty into bail processes to prevent individuals being subject to lengthy periods of regulation and uncertainty, it places additional pressures on forensic services. With a focus on digital forensics, examination of digital media is a complex and time-consuming process, with existing backlogs well documented. The need for timely completion of investigations to adhere to pre-charge bail rules places additional stress on an already stretched service. This comment submission provides an initial analysis of new pre-charge bail regulations, assessing their impact on digital forensic services.     

Certifying Death in the United States

Accurately identifying death and its causes is integral to the compilation of mortality data and ultimately to the operation of the criminal justice and public health systems. A clear understanding of who is in charge of such processes is paramount to establishing the quality, or lack thereof, of the information provided in death certificates. Our study provides a comprehensive overview of all state statutes identifying death investigators charged with classifying and certifying death in the United States. We found that state statutes designate a broad range of individuals as responsible for the classification and certification of death. Those vary by state and set of circumstances and can include medical examiners, coroners, pathologists, other physicians, registered nurses, and more. Our findings highlight the important need for a unified standard of qualifications in the medico‐legal system, as well as, regulatory reform at the state level regarding who can complete and sign death certificates.     

‘Walking in two worlds’: A qualitative review of income management in Cape York

The Cape York Welfare Reform (CYWR) initiative aims to reduce ‘passive dependence’ on welfare and restore ‘positive social norms’ to revitalise cultural and social networks and support economic engagement in Indigenous communities in the Cape York Region of Australia. Critics of the initiative and, in particular, its income management (IM) policies have associated it with a broader neoliberal reform agenda that delineates social ‘problems’ from their historical and structural context. This paper discusses key qualitative findings from a strategic review of CYWR, paying particular attention to the ways in which Cape York IM (CYIM) straddles both Indigenous and settler social norms, while perpetuating neoliberal conceptualisations of welfare ‘dependency’. We situate these findings within the existing literature on Australia's other IM models and also consider them in relation to subsequent government responses to the review and associated policies. We argue that CYIM represents a unique initiative, the subtle nuances of which have been largely ignored or misunderstood by critics. Further, we conclude that any extension or revision of this initiative should be considered with respect to deep and wide-ranging consultation of the Indigenous communities subject to CYWR. However, such consultation has not been the standard practice in Australian contexts.     

Power, anger, and sadistic rapists: toward a differentiated model of offender personality

The extant research on rapists repeatedly indicates that particular offender types can be specified. These include the power, anger, and sadistic assailants. Despite such classifications, limited empirical or anecdotal efforts have undertaken the task of exploring the personality features of each rapist type. This article endeavors to fill this gap in the literature. Using the heuristic analytical lens and the case study method, the high-profile crimes of Gilbert Escobedo (power type), Paul Bernardo (anger type), and Jeffrey Dahmer (sadistic type) are reviewed. As the article discloses, unique personality features were exhibited. Moreover, each rapist type displayed a number of convergent as well as divergent character traits. Given these findings, the article concludes with a series of summary observations relevant for future research on rape and personality as well as prospects for clinical diagnosis, treatment, and prevention.