The Wasted Costs Jurisdiction

The wasted costs jurisdiction is flawed for six reasons, based on an analysis of all reported cases in the last nine years and five years of statistics provided by the Bar Mutual Insurance Fund Limited, and despite the guidance laid down by the Court of Appeal in Ridehalgh v Horsefield [1994] Ch 205. First, it is very costly proportionate to the amount recovered. Secondly, judges can initiate a wasted costs enquiry, which is unfair and even more disproportionately costly. Thirdly, it is procedurally complex. Fourthly, it is unpredictable whether the client will waive privilege, and what the consequences will be whether or not privilege is waived. Fifthly, it is not possible for solicitors and barristers to make contribution claims against each other. Sixthly, it is mostly used against lawyers representing legally aided litigants from whom costs cannot be recovered.     

Studying the New Constitutionalism: bringing political science back in

Books reviewed in this article:
R. Blackburn, and R. Plant, (eds) Constitutional Reform. London and New York
M. Foley, The Politics of the British Constitution
R. Hazell, (ed.) Constitutional Futures: A History of the Next Ten Years
K. Sutherland, (ed.) The Rape of the Constitution?     

The Recovery of Latent Fingermarks from Evidence Exposed to Ionizing Radiation*

Abstract: Continual reports of illicit trafficking incidents involving radioactive materials have prompted authorities to consider the likelihood of forensic evidence being exposed to radiation. In this study, we investigated the ability to recover latent fingermark evidence from a variety of substrates that were exposed to ionizing radiation. Fingermarks deposited on common surfaces, including aluminum, glass, office paper, and plastic, were exposed to doses ranging from 1 to 1000 kGy, in an effort to simulate realistic situations where evidence is exposed to significant doses of radiation from sources used in a criminal act. The fingermarks were processed using routine fingermark detection techniques. With the exception of glass and aluminum substrates, radiolysis had a considerable effect on the quality of the developed fingermarks. The damage to ridge characteristics can, in part, be attributed to chemical interactions between the substrate and the components of the fingermark secretions that react with the detection reagents.     

The Development and Evaluation of Radiological Decontamination Procedures for Documents,Document Inks,and Latent Fingermarks on Porous Surfaces*†

Abstract: Criminal acts such as an attack utilizing a radiological dispersal device (RDD or dirty bomb), the manufacture of such a device, or the illicit trafficking of radioactive materials would warrant a criminal investigation. This could involve the collection, transportation, and analysis of radiologically contaminated trace evidence. But are law enforcement agencies and forensic scientists capable of dealing with this? This research investigates the decontamination efficacy of two decontamination techniques (chemical and physical) designed for the removal of radiological material from documents of forensic importance. The impact that these procedures have on the development of latent fingermarks and the forensic analysis of the inks on these documents is also studied. It was found that slight changes in the color and chemical composition of a variety of document inks and a destruction of fingermark ridges occurred after chemical decontamination. Physical decontamination had no impact on these parameters.     

In the Service of Power: The Global Political Economy of Citizenship and Human Rights

This article investigates how the idea of universal human rights has been co-opted by the prevailing (neo)liberal consensus in support of processes associated with capitalist globalization. So-called “civil and political” rights form the core of (neo)liberal values upon which free market, laissez-faire economics are based, but the idealism of the dichotomy of first and second generation rights is profoundly ideological. Through an examination of the idea of the international citizen, it is argued that the attempt to introduce a duty to promote the widest possible social good falls far short of an obligation to respond to claims for alternative conceptions of “economic and social” rights; far less alternative models of social affairs. Drawing on empirical evidence from Africa, the article contends that the dominance of (neo)liberal rights is integral to the emerging (neo)liberal constitution of the global order effected in the name of “human rights”, “democratization”, “citizenship”, “good governance” and “civil society”.

Never in the recent past have the founding principles of universal rights been so instrumentalized in the service of power, to such an extent that … in the opening years of the twentieth-century, we can speak of a veritable apogee of hegemony and an unprecedented crystallization of the hatreds that it arouses. (Bessis, 2003 Bessis, S. 2003. Western Supremacy: The Triumph of an Idea?, London: Zed.  [Google Scholar])     

Familial functioning as a support system for adolescents' postdetention success

Youths transitioning out of detention are particularly in need of support systems that can divert them from recidivism. This article examines the relationship between incarcerated youths' sense of their families' functioning and their perceived likelihood for postdetention success. Despite the control of background variables, results reveal that delinquents who indicated stronger familial functioning also reported a greater likelihood of future success. Although interventions that focus on improving the supportive capacity of families have shown great promise, treatment drop-out rates remain high. To explore incarcerated youths' view of family focused interventions, respondents rated the potential utility of family and nonfamily focused intervention options. A majority of respondents reported that family focused interventions would be helpful. A group of respondents, overrepresented by adolescents with low family functioning, reported that this type of intervention would not be helpful. These results are discussed in terms of their impact on offering family focused interventions for juveniles.