Well-informed? Well Represented? Well Nigh Powerless? Victims and Prosecutorial Decision-making

This article provides a brief overview of the ways in which prosecutors must engage with victims in the course of their work in criminal proceedings and what formal roles victims can assume in criminal proceedings. Besides exploring what rights victims have per se in criminal proceedings, analysis is provided as to what it means to be an additional prosecutor or a private prosecutor in several European criminal justice systems. A brief analysis of the effects these rights and the use of prosecutorial discretion has on victims is provided.     

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

ABSTRACT

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.     

Strafrechtliche Verantwortlichkeit von Sozialversicherungsträgern

Da Sozialversicherungstr?ger als K?rperschaften des ?ffentlichen Rechts neben der Hoheitsverwaltung eine breite Palette privatwirtschaftlicher T?tigkeit entfalten, wie etwa im Rahmen der Errichtung, des Erwerbs und der Führung von Krankenanstalten, Ambulatorien, Unfallkrankenh?usern, Heil- und Kuranstalten u?, er?ffnet sich insb im Bereich der auf Behandlungs- und Organisationsfehler des medizinischen Personals zurückzuführenden fahrl?ssigen K?rperverletzungs- und T?tungsdelikte ein nicht zu untersch?tzendes Anwendungsfeld für die strafrechtliche Verantwortlichkeit des Sozialversicherungstr?gers nach dem VbVG als Betreiber der betroffenen Gesundheitseinrichtung.     

Forensic utility of carbon isotope ratio variations in PVC tape backings

Forensic interest in adhesive tapes with polyvinyl chloride (PVC) backings (electrical tape) derives from their use in a variety of illicit activities. Due to the range of physical characteristics, chemical compositions, and homogeneity within a single roll of tape, traditional microscopic and chemical analyses can offer a high degree of discrimination between tapes, permitting the assessment of potential associations between evidentiary tape samples. The carbon isotope ratios of tapes could provide additional discrimination among tape samples. To evaluate whether carbon isotope ratios may be able to increase discrimination of electrical tapes, particularly with regards to different rolls of tape of the same product, we assessed the δ(13)C values of backings from 87 rolls of PVC-based black electrical tape (~20 brands, >60 products) Prior to analysis, adhesives were removed to prevent contamination by adhering debris, and plasticizers were extracted because of concern over their potential mobility. This result is consistent with each of these tapes having approximately the same plasticizer δ(13)C value and proportion of carbon in these plasticizers. The δ(13)C values of the 87 PVC tape backings ranged between -23.5 and -41.3 (‰, V-PDB), with negligible carbon isotopic variation within single rolls of tape, yet large variations among tape brands and tape products. Within this tape population, carbon isotope ratios permitted an average exclusion power of 93.7%, using a window of +/-0.3‰; the combination of carbon isotope ratio measurement with additional chemical and physical analyses raises the discrimination power to over 98.9%, with only 41 out of a possible 3741 pairs of tape samples being indistinguishable. There was a linear relationship between the δ(13)C value of tape backings and the change in δ(13)C value with the extraction of plasticizers. Analyses of pre- and post-blast tape sample pairs show that carbon isotope signatures are within 0.3‰ of pre-blast values, indicating that carbon isotope values are largely preserved during an explosion.     

The Programme de recherche en démographie historique: past,present and future developments in family reconstitution

The Programme de recherche en démographie historique (Historical Demography Research Programme) (PRDH), founded in 1966 and based at the Département de Démographie of the Université de Montréal, has since its inception featured a central project, a family reconstitution database of Quebec’s Catholic population from 1621 to 1799 named the Registre de la population du Québec ancien (Population Register of Historic Quebec) (RPQA). This article, which marks the fiftieth anniversary of the project, explores the development of the RPQA over the five decades in the context of similar international databases, explains the current state of the database as well as our record linkage methodology, describes an important collaboration now underway to build a larger Quebec historical data infrastructure, outlines new and renewed international collaborations, and summarizes research conducted using these data as well as future research possibilities. The particular geographic context, historical development and manageable colonial population size of Quebec favoured family reconstitution of the whole colony from the beginning of the project. Today, the RPQA comprises 438,193 individual biographies and 74,000 family files encompassing up to nine generations. To reconstitute families, we must identify and incorporate into the database all demographic events, including those whose existence can only be inferred through other sources. Future efforts to link nineteenth-century parish acts will need to deal with large case counts, mixed Catholic–Protestant marriages, and increased geographic and social mobility. The integration of complementary data will provide information on household co-residence, occupations, help track the destinies of mixed-religion persons and persons outside nuclear families and provide additional points of observation.     

Separation from Parents in Late Adolescence: The Same for Boys and Girls?

This study examined the way late adolescents separate from their parents. Emotional independence and conflictual independence toward mother and father were assessed. Emotional independence was defined as freedom from an excessive need for emotional support from the parents and conflictual independence as absence of guilt, mistrust, and anger toward parents. Students (18–22 years; N = 190) enrolled in higher education completed two scales of Hoffmann's Psychological Separation Inventory. Results indicated that girls more than boys need emotional support from their mothers (z = –3.101, p < .002). They express this need significantly more towards their mothers than towards their fathers (z = –4.194, p < .00003). The pattern of the girls' typical items demonstrated an ambivalence between reported dependence and demand for autonomy. The two types of independence (emotional and conflictual) were moderately correlated (r _s = .40). These findings support Gilligan's argument that connectedness plays a central role in the development of female adolescents. They speak for a multidimensional approach of the psychological separation process, which takes the type of independence and the children's and parents' gender into account.