Capitalizing on Criminal Accomplices: Considering the Relationship between Co-offending and Illegal Earnings

This study investigates whether co-offending offers an avenue towards criminal success. Specifically, it considers if current and prior co-offending experience is related to the probability of reporting illegal earnings as well as the amount of these earnings. Using data from the Pathways to Desistance Study, we estimated fixed-and random-effects models to test whether co-offending experience is related to self-reported illegal earnings. The models also estimated whether “historical” co-offending experience predicted current illegal earnings. Across both modeling strategies, current and historical co-offending predicted the probability of reporting non-zero illegal earnings, net of offending frequency and controls. There is minimal evidence of a relationship between co-offending experience and the amount of illegal earnings, however. These findings lead us to conclude that access to a relatively common criminal connection—the co-offender—offers tangible benefits to adolescent offenders, primarily by affecting their ability to translate criminal opportunities into monetary gain.     

Secondary Iatrogenic Harm: Claims for Psychiatric Damage Following a Death Caused by Medical Error

The purpose of this paper is to investigate the feasibility of claims for psychiatric damage following the death of a family member, where that death has been caused by medical error. ¹ The relative's position is a subject of heightened interest since the exposure of the plight of the parents involved in the UK organ scandal, ² and in the case of an iatrogenic death it is, of course, the family who are essentially the focus of the law's attempts to provide redress. Whilst the cases of deceased patients' relatives seeking damages for mental harm are inherently problematic in light of the restrictive secondary victim criteria applicable to psychiatric damage claims, a close look at the rules which permeate this area of compensation reveals that denying compensation to the relative suffering psychiatric harm is difficult to sustain. ³     

Face-to-Face Confrontation: Effects of Closed-Circuit Technology on Children's Eyewitness Testimony and Jurors' Decisions

The present study was designed to examine effects of closed-circuit technology on children's testimony and jurors' perceptions of child witnesses. For the study, a series of elaborately staged mock trials was held. First, 5- to 6-year-old and 8- to 9-year-old children individually participated in a play session with an unfamiliar male confederate. Approximately 2 weeks later, children individually testified about the event at a downtown city courtroom. Mock juries composed of community recruits viewed the trials, with the child's testimony presented either live in open court or over closed-circuit television. Mock jurors made ratings concerning the child witness and the defendant, and deliberated to reach a verdict. Results indicated that overall, older children were more accurate witnesses than younger children. However, older, not younger children produced more inaccurate information in free recall. Compared to live testimony in open court, use of closed-circuit technology led to decreased suggestibility for younger children. Testifying in open court was also associated with children experiencing greater pretrial anxiety. Closed-circuit technology did not diminish factfinders' abilities to discriminate accurate from inaccurate child testimony, nor did it directly bias jurors against the defendant. However, closed-circuit testimony biased jurors against child witnesses. Moreover, jurors tended to base their impressions of witness credibility on perceived confidence and consistency. Implications for the use of closed- circuit technology when children testify are discussed.     

Finding hidden value through mixed-methodology: Lessons From the Discovery Program’s Holistic Approach to Truancy Abatement

Policy makers often bemoan the shortcomings and inefficiency of youth development and similar social work programs whose effectiveness cannot be demonstrated by quantifiable performance indicators. This study argues, through illustration of the Odyssey Learning Center’s Discovery Program (an alternative school serving rural Southern youth in an abject poverty context), that program value can only be evidenced through a mixed-methodological evaluation design. Reasons precluding traditional statistical analysis and effectiveness determinations are discussed and alternative conceptualizations of program value are considered. This research was funded from Federal Grant Number 2002-JE-FX-0034 from the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention through the South Carolina Department of Public Safety, Office of Justice Programs. Points of view or opinions stated are those of the researchers and do not necessarily represent the opinion or official position of the United States Department of Justice or the South Carolina Department of Public Safety.     

The portrayal of elder abuse in the national media

Over the last two decades, researchers and policy makers have begun to devote more attention to the problem of elder abuse. Still, compared to studies on other types of family violence, research on elder abuse is scarce. To better understand how elder abuse is portrayed in the media and using “newsmaking criminology” as a theoretical framework, this study considers how 11 newspapers describe the phenomenon. In all, 530 articles about elder abuse were content analyzed using standard rules of content analysis. Results suggest that certain types of elder abuse are excluded from the press. In addition, the press tends to define elder abuse as a crime, but not as a domestic violence offense. Implications are provided.     

The secular contract: sovereignty,secularism and law in Australia

What does it mean to say that a nation-state is secular? Secular law typically begins when a state has no religious competitor for authority. For this reason, it can be said that the Australian state is secular because its authority is derived from its own laws. What makes Australian law sovereign, the highest authority within the state, is its secularity. However, given Australia's colonial heritage, it is not just the absence of religious authority, such as a state religion, that gives the state its secularity. The law's foundations in colonial violence and the extinguishment of Indigenous sovereignty as a competing authority are also a crucial way in which secular Australian law can continue to operate as the sovereign authority within the state. Using the work of Charles W. Mills, I will critically interrogate how legal and political characterisations of the law as secular work to disavow the state's racialised foundations in colonial violence in the form of a “secular contract”. In developing this notion of a “secular contract” I hope to show that secularism be must re-thought of as not simply the operation of law without religion, but also, as complicit with the ways indigenous sovereignties in (post)colonial states are negated.     

Democracy's Quality and Breakdown: New Lessons from Thailand

In what may amount to a new phase in the study of democratization, assessments of democracy's quality have become quite common. This article attempts to assess democracy's quality in Thailand under the recent Thai Rak Thai government. It begins by enumerating some of the conceptual difficulties that bedevil these measuring exercises. The account makes use of a ‘sequenced’ framework involving electoral mandates, policy responsiveness, and accountability. Analysis reveals a ‘mixed’ record under Thai Rak Thai, one in which the government's strong mandates and high levels of responsiveness were offset by executive abuses, corrupt practices, limits on civil liberties, and gross violations of human rights, behaviours in which many elites and mass-level constituents acquiesced. It shows also, however, that when these elites and constituents sought later to impose accountability, they resorted to direct action, further eroding the quality of democracy. Thus, the article demonstrates too that democracy's quality can be diminished in ways that, far from placating rival elites, so inflame tensions that it can finally break down.     

On the front lines of democracy: perceptions of electoral officials and democratic elections

Electoral officials play a crucial role in instilling confidence in elections and democracy. They are involved in the most important tasks of running elections, from registering voters to counting the ballots. This article employs survey data from 35 countries from the sixth wave of the World Values Survey (2010–2014) which asks respondents about their perceptions of electoral integrity and the quality of democracy in their country. The analysis demonstrates the relationship between perceptions of the fairness of electoral officials and two important outcomes: confidence in the fairness of the vote count, and perceptions of the overall quality of democracy. It additionally considers under which circumstances this relationship is most pronounced and shows that the relationship between an individual’s perceptions of electoral officials and perceptions of electoral integrity is more pronounced in countries where there is a low liberal democracy index.     

Sex determination from hand and foot bone lengths

Numerous studies have addressed sex estimation from the hands and feet with varying results. These studies have utilized multiple measurements to determine sex from the hands and feet, including measures of robusticity (e.g., base width and midshaft diameter). However, robusticity measurements are affected by activity, which can disguise underlying patterns of sexual dimorphism. The purpose of this study is to investigate the utility of length measurements of the hands and feet to estimate sex. The sample consists of white females (n=123) and males (n=136) from the Terry Collection. Discriminant function analysis was used to classify individuals by sex. The left hand outperformed both the right hand and foot producing correct classification rates exceeding 80%. Surprisingly, the phalanges were better sex discriminators than either the metacarpals or metatarsals. This study suggests that length measures are more appropriate than robusticity measures for sex estimation.