Reforming the Role of Magistrates: Implications for Summary Justice in England and Wales

The role of lay magistrates in England and Wales has been progressively undermined by protracted processes of reform over the last two decades. Current government proposals aim to reorient and ‘strengthen’ their function through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. This article argues that while these proposals embody necessary and important areas for reform, taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs of court closures are irreconcilable with the future viability of a lay magistracy.     

Judicial Narratives of Ideal and Deviant Victims in Judges’ Capital Sentencing Decisions

Although the Victim’s Rights Movement has led to advances for victims of crime, the use of victim impact evidence in criminal trials remains controversial due to the suspicion that such evidence enhances punitive attitudes and arbitrariness in capital sentencing outcomes. Despite a growing body of literature in this area, it remains unclear if some victims are viewed more favorably than others, particularly from the perspective of judges. The current study examines the construction of victims by judges in capital cases and how this portrayal impacts sentencing outcomes in Delaware, which vests the final capital sentencing authority in judges rather than juries. In examining this gap in the literature, we consider if judges make distinctions between ideal and deviant victims, if these distinctions are associated with victim and offender characteristics, and if the construction of victims impacts offender sentencing. Findings from this study lend support to the idea that judges describe some victims as more “worthy” than others, that victims described in ideal ways are more likely to be white and female, and that “ideal victims” are more likely to result in death sentences.     

Arresting Women: Pro-arrest Policies,Debates, and Developments

Police departments across North America have adopted pro-arrest policies in intimate partner violence (IPV) cases with the intent of constraining police discretion and providing better protection for IPV victims. It has been suggested that an unintended consequence of pro-arrest policies has been an increase in the number of women arrested for IPV when their behavior is defensive rather than aggressive. Concern about inappropriate arrests of women is particularly pronounced in cases of dual arrest. This study examines the arrests and court processing of 2,736 women in heterosexual relationships accused of IPV offences in Winnipeg, Canada. The characteristics of accused and court processing of dual and sole arrested women are examined. Dual arrested women are less likely to be prosecuted than sole arrested women. We explore whether an effective ‘primary aggressor’ policy can reduce dual arrests, which are the cases most likely to be dropped at the prosecution level.     

A Radiographic Study on the Utility of Cranial Vault Outlines for Positive Identifications

A standard method for positive identification is the use of antemortem and postmortem radiographic comparisons. The purpose of this research is to test the visual accuracy of antemortem and postmortem radiographic comparisons of cranial vault outlines and to evaluate their uniqueness using geometric morphometric methods. A sample of 106 individuals with varying levels of education and forensic case experience participated in a visual accuracy test. Of the 106 individuals, only 42% correctly assigned all of the radiographs, with accuracy rates ranging from 70 to 93% for each radiographic comparison. Vault shape was further examined using elliptic Fourier analysis, and paired t‐tests were computed on the first 10 principal components accounting for 100% of the variance, which found no significant differences. The visual accuracy test and elliptic Fourier analysis shows that vault outlines may not be unique enough for positive identifications when used as a sole indicator.     

Ana Clavel’s “outlaw” desires in Las ninfas a veces sonríen

As a writer whose fiction is known for its transgressive themes and forms, it is no surprise that the Mexican author Ana Clavel has continued to revel in such contraventions in her novella Las ninfas a veces sonríen (2012). In this article I seek to examine how these, also new transgressions, materialize in the novella specifically within a queer framework. The queer showcases Las ninfas’ exploration of “outlaw” sexual desires as well as the fantastical and intertextual genre-bending. By defying heteronormative sexual normalcy, Clavel is seen to challenge certain “givens” within (Mexican) society, whether these be religious, moral, sexual, or cultural, and thus creating a fascinating representation of society’s particular fears, anxieties, and disavowed desires. In the context of the female character’s sexual experiences, transgressive queereness can be understood by making reference to various theories including those of Kristeva’s abjection/uncanny and Creed’s/Braidotti’s monstrous feminine, whereby the female is positioned in terms of an ambiguous oscillation between unthreatening object of male desire, monstrosity, and celebratory female sexual agency. Ultimately by thus delving into outlawed “no-deseos”, Las ninfas can be posited as a prime example of a Barthesian text of “jouissance” which disrupts the reader’s pleasurable reading experience.     

Repeat Coronary Artery Dissection in Pregnancy: A Case Report and Review of the Literature

Non‐atherosclerotic spontaneous coronary artery dissection (NA‐SCAD) is a rare cause of morbidity and mortality with a propensity for young, healthy, and often peripartum women. NA‐SCAD etiology is poorly understood, with possible hormonal and hereditary mechanisms. Current treatment strategies range from conservative management (often showing resolution on angiographic follow‐up) to invasive angiographic procedures. Rarely, NA‐SCAD has recurred in another coronary artery, ranging hours to years later. We report NA‐SCAD of the right coronary artery (RCA) in a 30‐year old, 3‐month postpartum female with an additional autopsy finding of remote myocardial infarction (MI) in the left anterior descending (LAD) coronary artery territory. The remote MI is consistent with prior NA‐SCAD of the LAD and, given the medical history, may have occurred in the peripartum period of the decedent first pregnancy 3 years earlier. As such, to the best of our knowledge, this may represent the first reported case of NA‐SCAD recurrence in a subsequent pregnancy.     

The Will to Change: Lessons from Canada's Successful Decarceration of Youth

In 1997, Canada's youth custodial facilities held 3825 sentenced youths. Eighteen years later, this number was 527—an 86 percent reduction. Overall youth imprisonment (sentenced + pretrial detention) decreased by approximately 73 percent. This paper uses Canada's successful decarceration of youths to understand what might be learned about decarceration more broadly. By examining the reforms that transpired in Canada's treatment of young offenders since the 1960s and the political/cultural shifts that occurred since the 1990s, we demonstrate that the decline resulted from changes occurring in various parts of the system. Finally, we contrast this decarceration with more than 60 years of relative stability of Canadian adult imprisonment rates as well as Canada's failure to substantially decrease youth pretrial detention in order to identify those factors seemingly necessary to reduce imprisonment more generally.