Is there a need to regulate mediation? The English and Welsh case study

The use of mediation in England and Wales is nowadays an accepted and common practice within the alternative dispute resolution industry. Credited professionals have been performing the duties of a mediator in different fields of legal disputes; however, despite the positive perception of mediation, this area remains unregulated. So far, the rules applying to mediation in England and Wales originate from case law and contract between the parties. Such a scenario is not shared by other countries in which mediation has been regulated through an Act covering either private or judicial mediation. This article examines the current mediation scenario in England and Wales to assess whether there is a need to give it a statutory character in a similar manner to other jurisdictions.     

Citizens' Blame of Politicians for Public Service Failure: Experimental Evidence about Blame Reduction through Delegation and Contracting

Theories of blame suggest that contracting out public service delivery reduces citizens’ blame of politicians for service failure. The authors use an online experiment with 1,000 citizen participants to estimate the effects of information cues summarizing service delivery arrangements on citizens’ blame of English local government politicians for poor street maintenance. Participants were randomized to one of four cues: no information about service delivery arrangements, politicians’ involvement in managing delivery, delegation to a unit inside government managing delivery, and delegation through a contract with a private firm managing delivery. The politicians managing delivery cue raises blame compared to citizens having no information. However, the contract with a private firm cue does not reduce blame compared to either no information or the politicians managing delivery cue. Instead, the delegation to a unit inside government cue reduces blame compared to politicians managing delivery, suggesting that delegation to public managers, not contracting, reduces blame in this context.     

Two Novel Methods for Enhancing Postmortem Fingerprint Recovery from Mummified Remains

Postmortem fingerprint collection is a routine part of many forensic death investigations. Although the production of postmortem prints is usually straight forward, several obstacles and scenarios can make the collection difficult. A common challenge occurs when finger pads are mummified. Several current techniques allow for softening and rehydration of mummified finger pads; however, despite the employment of such techniques, the production of adequate postmortem fingerprints can remain elusive. The authors present two techniques that can improve the chances of obtaining suitable fingerprints from mummified remains. The “baby powder method” involves applying a cornstarch‐based powder, such as baby powder, onto the darkened and mummified finger pads, to allow better visualization of the fingerprint detail. The “transillumination method” involves carefully dissecting away the tissues underlying the finger pad, followed by placement of a bright light source underneath the finger pad, such that the finger ridge pattern is illuminated.     

Stable isotope ratio mass spectrometry and physical comparison for the forensic examination of grip-seal plastic bags

Plastic bags are frequently used to package drugs, explosives and other contraband. There exists, therefore, a requirement in forensic casework to compare bags found at different locations. This is currently achieved almost exclusively by the use of physical comparisons such as birefringence patterns. This paper discusses some of the advantages and shortcomings of this approach, and presents stable isotope ratio mass spectrometry (IRMS) as a supplementary tool for effecting comparisons of this nature. Carbon and hydrogen isotopic data are presented for sixteen grip-seal plastic bags from a wide range of sources, in order to demonstrate the range of values which is likely to be encountered. Both isotopic and physical comparison (specifically birefringence) techniques are then applied to the analysis of rolls of bags from different manufacturing lots from a leading manufacturer. Both approaches are able to associate bags from a common production batch. IRMS can be applied to small fragments which are not amenable to physical comparisons, and is able to discriminate bags which could be confused using birefringence patterns alone. Similarly, in certain cases birefringence patterns discriminate bags with similar isotopic compositions. The two approaches are therefore complementary. When more than one isotopically distinct region exists within a bag (e.g. the grip-seal is distinct from the body) the ability to discriminate and associate bags is greatly increased.     

Detection and quantification of low levels of benzoylecgonine in equine urine

Cocaine (COC) is a highly addictive plant alkaloid expressing strong psychostimulatory effect. It has no medical use in equine veterinary practice. The contamination of the environment with cocaine such as its presence on the US paper currency has been reported few times. There are anecdotal reports of low benzoylecgonine (BE) concentrations (usually much less than 100 ng/mL) being found in urine of race horses. In order to protect horsemen against harsh penalties associated with the presence of trace amounts of BE in horse urine as a result of environmental contamination, in February 2005 the Illinois Racing Board issued new medication rules that established the threshold level of 150 ng/mL for BE in equine urine. The penalties associated with this rule provide for increasing fines ($250, $500, $1000) with successive positive reports against a trainer for levels of BE below 150 ng/mL. A total of 19,315 urine samples were collected over the 2-year period of time from winning horses (both harness and thoroughbred) at race tracks in Illinois for routine drug screening (ELISA). The presence of BE was confirmed by GC/MS in 28 urine samples (0.14%). The concentration range for BE in harness horses (21 detections) was < 5-91 ng/mL, and for thoroughbred (seven detections) was 7-52 ng/mL. To date, the laboratory has not reported concentrations of BE that exceed the established threshold concentration of 150 ng/mL.     

Reconceptualizing organizational change in the Comprehensive Gang Model

Organizational change and development is one of the cornerstones of successful crime prevention and intervention efforts, yet it has received little empirical attention in the areas of crime and justice. This lack of empirical attention extends to the national Comprehensive Gang Model, which explicitly states that organizational change and development is a key strategy. Borrowing concepts from the management field, the authors argue that the Comprehensive Gang Model should be reconceptualized so that organizational change and development is the foundation upon which other strategies are built. Application of this re-specified model is demonstrated through a case study in central Massachusetts utilizing learning communities as a vehicle to obtain sustainable change. Assessment of the organizational change and development is also discussed.     

Uses of the NIST 26plex STR assay for human identity testing

Ongoing work at the U.S. National Institute of Standards and Technology has focused on the characterization of 26 autosomal STR loci for human identity testing. These 26 loci are in addition to the existing 13 U.S. core loci and those found in PowerPlex16 and Identifiler commercial STR typing kits. The amplification of the 26 loci has been optimized for degraded extracts in unique miniplex panels and also for reference samples as a single reaction 26plex assay. A study has been performed comparing genotypes obtained with the 26plex primers to those with miniplex panels for allele drop out and concordance. The forensic utility of the 26plex assay was evaluated for situations where additional loci are beneficial. The utility of this large multiplex was also tested in a case involving DNA extracted from degraded bone samples. The 26plex can serve as a low-cost assay (compared to commercially available kits) useful for both sorting comingled remains and providing additional markers for increased statistical support for samples that require “non-trio” family references for human identification.     

Looking Back to the Future: Threats to the Success of Restorative Justice in the United Kingdom

Abstract

Recent years have witnessed an entrenchment of restorative justice principles and practices in the youth and adult criminal justice systems of the United Kingdom. This research presents a comparative analysis of the findings of two empirical studies—one of a police restorative cautioning scheme conducted 15 years ago, and the second a contemporary study of youth offender panels. In this research, we argue that restorative justice practices in the United Kingdom are repeating history, rather than learning from it. Specifically, we argue that if restorative justice programs continue to proliferate with the same shortcomings—most notably, inadequate victim involvement, failure to provide a genuine role for the community, and targeting only relatively low-level crime—the future for restorative justice in the United Kingdom is likely to be bleak.