‘Yeah but,no but’ – Pinnock and Powell in the Supreme Court

This note considers the Supreme Court decisions in Manchester CC v Pinnock and Hounslow LBC v Powell. It is argued that there are a number of remaining outstanding questions around proportionality, including: deference; section 89, Housing Act 1980; procedural issues; ‘publicness’; and the future landscape.     

Is routine histopathologic examination beneficial in all medicolegal autopsies?

Postmortem examinations are performed for a number of reasons. Medical autopsies are performed at the request of and with the consent of the next of kin of a decedent and are often requested to determine the extent of a disease process or to evaluate therapy. In contrast, medicolegal autopsies are performed by a forensic pathologist primarily to determine cause and manner of death but also to document trauma, diagnose potentially infectious diseases and report them to the appropriate agencies, provide information to families about potentially inheritable diseases, provide information to family members and investigative agencies, and testify in court. As medicolegal and hospital autopsies differ in their purpose, so do they differ in procedure. Medicolegal autopsies often include histologic analysis, but not always, as with medical autopsies. We designed a prospective study to address the question of whether or not routine histologic examination is useful in medicolegal cases, defining a routine case as one where histology would not normally be performed and where the cause and manner of death were readily apparent during the gross autopsy. We reviewed brain, heart, liver, kidney, and lung sections on 189 routine forensic cases and compared the results to the gross anatomic findings. Of the 189 cases, in only 1 case did microscopic examination affect the cause of death and in no case did microscopic examination affect the manner of death. Thus, we feel that routine microscopic examination (performing histologic examination in all cases regardless of cause and manner of death) in forensic autopsy is unnecessary. Microscopic examination should be used, as needed, in certain circumstances but is not necessary as a matter of routine.     

The Impact of the Registered Intermediary on Adults’ Perceptions of Child Witnesses: Evidence from a Mock Cross Examination

Registered intermediaries are communication specialists appointed to facilitate the communication of vulnerable witnesses participating in the criminal justice system in England and Wales. Intermediaries assess the vulnerable individual’s communication and provide recommendations to practitioners for how to obtain the individual’s ‘best evidence’ during police interviews and in court. The scheme was implemented nationally in 2008, but has not been subject to rigorous research. The aim of the current article is to provide an account on adults’ perceptions of the vulnerable individual when an intermediary assists their communication in court. In the present study 100 participants viewed a mock cross examination of a child witness either with or without an intermediary present. Participants rated the child’s behaviour and communication, and the quality of the cross examination, across a number of different variables. The age of the child was also manipulated with participants viewing a cross examination of a four or a 13 year old child. The results showed the children’s behaviour and the quality of the cross-examination were more highly rated when the intermediary was involved during cross-examination. The older child’s cross-examination was rated as more developmentally appropriate, however no other age differences or interactions emerged. The findings have positive implications for jury perceptions of children’s testimony when they are assisted by an intermediary in court, regardless of the age of the child witness. The success of the intermediary scheme in England and Wales may encourage the implementation of intermediaries internationally.     

Policing Unauthorized Camping

We argue that the links between welfare, policing, and exclusion, though rarely made explicit, nevertheless form the undercurrent of the modern neo-liberal state. In making this argument, we draw particularly upon the voluminous literature which amplifies the seminal work of Foucault, especially as it relates to government. Thereafter, we apply this set of understandings to the way in which the unauthorized encampments of Gypsies and Travellers are policed. We concentrate first on the construction of legislation and its legal aftermath. Subsequently, we draw upon case study evidence to illustrate our thesis, particularly focusing on the sorting processes of decision-makers.     

Cornel West and the Tempest in the Ivory Tower

A major American news story of 2002 centred on a dispute at Harvard between president Lawrence Summers and Cornel West. This article explores why many commentators erroneously portrayed the dispute between the two men as a matter of civil rights and affirmative action. It also examines the issue at the heart of the fracas, namely a long-running debate about the quality of West's scholarship, and considers whether his commitments to publics outside the classroom detract from his scholarly work. Is the release of a hip-hop CD an appropriate form of intellectual activity for a senior Ivy League professor?     

Assessing the Impact of Harassment by Peers: Incident Characteristics and Outcomes in a National Sample of Youth

Although there are widely held assumptions about the characteristics of peer bullying that are of greatest concern, very few studies have empirically assessed which characteristics most affect its impact. The current research addresses this gap by using a nationally representative U.S. sample of youth ages 10–20 to examine the relative effects of a variety of potentially aggravating incident characteristics on emotional, physical health, and school-related outcomes. Findings show support for power imbalance and duration (a stronger predictor than repetition) as incident characteristics that exacerbate the negative impact of peer harassment. However, several other incident characteristics have substantial effects with or without the presence of these qualities. Injury, sexual content, involvement of multiple perpetrators, and hate/bias components of peer harassment incidents each increased at least one negative outcome. Findings point to several features of peer harassment that can provide a basis for prioritizing victimization experiences in greatest need of intervention efforts.     

Pregnancy and Intimate Partner Violence in Canada: a Comparison of Victims Who Were and Were Not Abused During Pregnancy

The purpose of this study was to examine risk factors, indicators of severity, and differences in post-violence health effects for victims who experienced intimate partner violence (IPV) during pregnancy compared to victims who experienced IPV outside the pregnancy period. Data were from Statistics Canada’s 2009 General Social Survey. Among IPV victims, 10.5 % experienced physical and/or sexual violence during pregnancy. Victims who had experienced violence during pregnancy were more likely than victims who were not abused during pregnancy to experience both less severe and more severe forms of violence. In fully adjusted models, younger age, separated or divorced marital status, as well as partners’ patriarchal domination, destruction of property, and drinking were significant predictors of pregnancy violence. Measures indicative of more severe violence and of a number of adverse post-violence health effects were significantly elevated among victims who experienced pregnancy violence relative to victims who were not abused during pregnancy. Implications of these findings are discussed.