The impact of public policy and publicity on admissions to state mental health hospitals

This paper examines the impact of broadened Washington state civil commitment standards on utilization of the state's mental hospitals. Included in the analysis is an assessment of the impact of a public event (a well-publicized murder case) which was in all likelihood a precursor to the law's revision. We also examine the different ways Washington's two state hospitals managed the dramatic increase in civilly committed patients that occurred after the revision took effect. The findings indicate that the murder case, in which the defendant had been denied voluntary admission to a state hospital prior to the killing, resulted in an increase in involuntary admissions in the county where it occurred a full year before the standards were revised. The law itself had the effect of increasing commitments throughout the state, reducing the levels of voluntary admissions, and increasing the likelihood of involuntary admission for individuals previously admitted voluntarily, thus transforming a principally voluntary system into one which was primarily involuntary. Finally, it was found that the increased demand for services mandated by the broadened commitment standards was managed differently in the two state hospitals: one imposed a cap on admissions; the other phased out voluntary admissions at a rate roughly equal to the increase in commitments. These findings illustrate both the substantive impact of broadened civil commitment law and the importance, when assessing the impact of laws, of examining public events and administrative interventions which may have significant causal links with legal interventions.     

Marriage and Divorce in the Supreme Court and the Law Commission: for Love or Money?

The case note considers the impact of the Supreme Court decision in Radmacher v Granatino regarding pre‐nuptial and other classes of nuptial agreement, together with recent proposals of the Law Commission for reform of the law relating to marital property agreements generally. It explores in particular the question of what, if any, core obligations of marriage cannot – or should not – be excludable by agreement.     

Race and the Construction of Evidence in Homicide Cases

Research that attempts to document racial or gender disparities in the criminal justice system inevitably paints a distorted picture if only one point in the criminal justice process is examined. For example, studies that look at who is sentenced to death among a group convicted of first-degree murder will miss exposure of biases that occur at earlier stages of the criminal justice process. In this paper, we looked at prosecutorial files on over 400 homicide cases from Caddo Parish, Louisiana (the Shreveport area). Results indicate that even after controlling for aggravating factors, cases with White female victims result in thicker files than other homicides, indicating more prosecutorial effort in attempting to secure convictions in such cases. This, in turn, was related to more severe sentencing of offenders convicted of killing whites and women. On the other hand, cases with black victims resulted in the thinnest case files and the least severe sentences.     

EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Visualisation of fingermarks and grab impressions on fabrics. Part 1: gold/zinc vacuum metal deposition

Vacuum metal deposition (VMD) is a highly sensitive technique originally introduced for detecting latent fingermarks on smooth non-porous surfaces such as carrier bags, plastics and glass. The current study explores whether VMD can be used in the examination of clothing from physical and sexual assault cases in order to visualise identifiable fingermark ridge detail and/or palmar flexion crease detail, thus allowing potential areas to be indicated for DNA swabbing and/or to determine the sequence of events. Four different fabrics were utilised during this study - nylon, polyester, polycotton and cotton, along with 15 donors who ranged in their age and propensity to leave fingermarks, from good to medium to poor as determined by results obtained from test runs using paper and plastic carrier bags processed with VMD. Once samples were collected they were kept for a determined time (1, 2, 3, 4, 5, 6, 7, 14, 21 or 28 days) and then treated using the gold/zinc metal VMD process. From the results, it appears that greater ridge detail is visible on the smoother non-porous fabrics, such as nylon whereas on rougher porous fabrics, such as cotton, only empty prints and impressions, rather than any ridge details, were visible. All fabrics did however allow the development of touch marks that could be targeted for DNA taping thus potentially leading to a DNA profile and possible identification of a suspect.