Innocence Commissions: Due Process Remedies and Protection for the Innocent

Currently the American criminal justice system has no institutional mechanism to evaluate the conviction of an innocent person. An innocence commission would fill this gap. The commission would automatically review any acknowledged case of wrongful conviction, whether the conviction was reversed on post-conviction DNA tests, or through development of new evidence of innocence. Upon review of these cases, the commission would recommend remedies to prevent such miscarriages of justice from happening again. This paper commences with a review of the primary areas of wrongful conviction, followed by recommendations made with respect to the substantive components constituting innocence commissions. To empirically demonstrate the fiscal soundness of creating an innocence commission, data was gathered pertaining to the state of Arizona. Statements from criminal justice professionals and politicians in support of innocence commissions conclude our discussion.     

Applicability of the ParaDNA® Screening System to Seminal Samples

Seminal fluid represents a common biological material recovered from sexual assault crime scenes. Such samples can be prescreened using different techniques to determine cell type and relative amount before submitting for full STR profiling. The ParaDNA^® Screening System is a novel forensic test which identifies the presence of DNA through amplification and detection of two common STR loci (D16S539 and TH01) and the Amelogenin marker. The detection of the Y allele in samples could provide a useful tool in the triage and submission of sexual assault samples by enforcement authorities. Male template material was detected on a range of common sexual assault evidence items including cotton pillow cases, condoms, swab heads and glass surfaces and shows a detection limit of 1 in 1000 dilution of neat semen. These data indicate this technology has the potential to be a useful tool for the detection of male donor DNA in sexual assault casework.     

Class forces,transition and the Arab uprisings: a comparison of Tunisia,Egypt and Syria

This article intervenes into an ongoing debate on authoritarian regimes in the Arab world following the uprisings of 2011, in particular addressing the perceived failure of those uprisings to bring about “transition” to liberal democratic models. Drawing upon the method of comparative historical sociology used in seminal analyses of democratization and dictatorship in Europe, Asia and the Americas, the article seeks to explain the varying trajectories of the Arab Uprising states in terms of several structural factors, namely the balance of class forces, the relative autonomy of the state and the geo-political context. The article provides an empirical comparison of the cases of Egypt, Tunisia and Syria as points on a continuum of outcomes following the Arab uprising. The article mounts a critique of the absence of class analysis in mainstream transition theory and hypothesises instead an important role for workers’ movements in bringing about even basic elements of liberal democracy. The empirical comparison is shown to support this hypothesis, demonstrating that in Tunisia, the state where the worker's movement was strongest a constitutional settlement has been reached while Syria, the state with the weakest and least independent workers’ movement has descended into counter-revolution and civil war: the case of Egypt lying between these two poles.     

Beyond (and Within) City Limits: Climate Policy in an Intergovernmental System

This analysis explores the role of city‐level and state‐level variables to explain why some cities make more progress on climate‐related policy implementation than others. Using multilevel modeling, we find little support for the influence of state factors on local government leadership among the 812 cities in the dataset, but local government institutional and community variables are strongly associated with climate policy initiatives. We argue for a rethinking of the notion of the limited and constrained city and suggest that, in the realm of climate protection and environmental policy, cities are leading a bottom‐up federalism. Moreover, where some political analysts and scholars have argued that climate protection and environmental policies may not be economically rational for cities to pursue, we theorize that cities are acting locally to further their self‐interest in an increasingly global economy.     

Preemption of local smoke-free air ordinances: the implications of judicial opinions for meeting national health objectives.

Elimination of state laws that preempt local antismoking ordinances is a national health objective. However, the tobacco industry and its supporters have continued to pursue state-level preemption of local tobacco control ordinances as part of an apparent strategy to avoid the diffusion of grassroots antismoking initiatives. And, an increasing number of challenges to local ordinances by the tobacco industry and persons supported by the tobacco industry are being decided in state supreme courts and courts of appeals. The outcomes of seemingly similar cases about the validity of local smoke-free air ordinances vary significantly by state. This paper examines the common and unique aspects of the decisions and the potential implications of court rulings on preemption for future state tobacco control efforts and achievement of national health objectives around the elimination of preemption. Using a search strategy developed for the Centers for Disease Control and Prevention's State Tobacco Activities Tracking and Evaluation (STATE) System, cases where a state or federal appellate level court made a finding on the validity of a local smoke-free air ordinance or regulation were identified in 19 states. In contrast to previous studies, we found that cases in approximately half of states were decided for local governments. We also found that across the states, courts were considering similar factors in their decisions including the extent to which: (1) the local government possessed the authority to pass the ordinance, (2) the ordinance conflicted with the state constitution, and (3) state statutes preempt the ordinance.     

Landmark reforms

After more than one hundred years, the future of a unified Probation Service looks bleak in the face of current proposals by the Ministry of Justice to open up the market for rehabilitation services to new providers from the private, voluntary and community sectors.