Walter Scott and the Reform of the Scottish Judicature 1806–10

The significance of the effort to reform the Court of Session in the early nineteenth century lies in the fact that it represented the first time Westminster had proposed to alter a key Scottish institution protected by the articles of the 1707 Act of Union. Scott as a Clerk of Session played a crucial role in the process, initially resisting reform and then undertaking to shape it. At the same time, his literary patriotism as Britain's best-selling poet was criticized by Britain's most famous cultural critic, Francis Jeffrey, a fellow member of the Faculty of Advocates. Jeffrey as editor of the Edinburgh Review wrote a controversial review of Scott's best-selling poem about the Battle of Flodden, Marmion, which accused Scott of being too ‘English’ in his treatment of this Scottish tragedy. And yet, more than Jeffrey, Scott was opposed to the Whig project of reforming Scottish law to make it more ‘constitutional’ or ‘English’. Using original documents held by the National Archives of Scotland, the Advocates Library, and the National Library of Scotland, this article examines Scott's role in making this controversy a matter of interest for both British literature and legal history.     

To Bridge the Divide between Evidence and Policy: Reduce Ambiguity as Much as Uncertainty

Policy makers cannot consider all evidence relevant to policy. They use two shortcuts—emotions and beliefs to understand problems and “rational” ways of establishing the best evidence on solutions—to act quickly in complex, multilevel policy‐making environments. Many studies only address one part of this problem. Improving the supply of evidence helps reduce scientific and policy maker uncertainty. However, policy makers also combine their beliefs with limited evidence to reduce ambiguity by choosing one of several possible ways to understand and solve a problem. We use this insight to consider solutions designed to “close the evidence–policy gap.”     

Health and social care services for women offenders: current provision and a future model of care

Secure provision for women in both the Criminal Justice System and the Health Service has evolved in the last decade, in line with emerging gender-specific policy. Notable gains have been the approach to self-harm in prison and a reduction in the inappropriately high levels of secure hospital care. Although treatment pilots in UK settings are in progress, much practice remains poorly described and insufficiently evaluated. Recent strategic initiatives by both the Ministry of Justice and the Department of Health, as well as the commissioning changes that have followed the Health and Social Care Act 2012, provide a basis for reconsideration and a further paradigm shift. Suggestions for a reinvigorated model of gender-sensitive provision are made, relying on principles of resilience and autonomy.     

Working Smarter on Cold Cases: Identifying Factors Associated with Successful Cold Case Investigations

Cold case squads have garnered much attention; however, they have yet to undergo significant empirical scrutiny. In the present study, the authors interviewed investigators and reviewed 189 solved and unsolved cold cases in Washington, D.C., to determine whether there are factors that can predict cold case solvability. In the interviews, new information from witnesses or information from new witnesses was cited as the most prevalent reason for case clearance. The case reviews determined that there were factors in each of the following domains that predicted whether cases would be solved during cold case investigations: Crime Context, Initial Investigation Results, Basis for Opening Cold Case, and Cold Case Investigator Actions. The results suggest that it is possible to prioritize cold case work based on the likelihood of investigations leading to clearances.     

Accounting for Projection Bias in Models of Delinquent Peer Influence: The Utility and Limits of Latent Variable Approaches

Objectives

Projection effects have been shown to bias respondent perceptions of peer delinquency, but network data required to measure peer delinquency directly are unavailable in most existing datasets. Some researchers have therefore attempted to adjust perceived peer behavior measures for bias via latent variable modeling techniques. The present study tested whether such adjustments render perceived peer coefficients equal to direct peer coefficients, using original data collected from 538 young adults (269 dyads).

Methods

After first replicating projection effects in our own data and examining the degree to which measures of personal, perceived peer, and direct peer violence represent empirically distinct constructs, we compared coefficients derived from two alternative models of personal violence. The first model included an error-adjusted latent measure of perceived peer violence as a predictor, whereas the second substituted a latent measure of directly-assessed, peer-reported violence.

Results

Results suggest that personal, perceived peer, and direct peer measures each reflect fundamentally separate constructs, but call into question whether latent variable techniques used by prior researchers to correct for respondent bias are capable of rendering perceived peer coefficients equal to direct peer coefficients.

Conclusions

Research cannot bypass the collection of direct peer delinquency measures via latent variable modeling adjustments to perceived peer measures, nor should models of deviance view perceived peer and direct peer measures as alternative measures of the same underlying construct. Rather, theories of peer influence should elaborate and test models that simultaneously include both peer measures and, further, should attempt to identify those factors that account for currently unexplained variance in perceptions of peer behavior.     

Depressive Symptoms in Young,Urban Schoolchildren: Environmental,Social, and Cognitive Risk

This study examined relations among stressors, perceived social competence, attributional style, and depressive symptoms in young urban schoolchildren. Data were collected from 85 5- to 11-year-olds, mostly African American, who attended a public elementary school in a low-income urban area. Social competence was examined as a potential mediator, and attributional style was examined as a potential moderator of the relation between stressful life events and depressive symptoms. Separate analyses were conducted by age and gender. For older children and girls, main effects were found for stressful life events as predictors of depressive symptoms. Mediational analyses indicated that perceived peer acceptance served as a mediator of the relation between stressful life events and depressive symptoms for girls. In addition, attributional style moderated the relation between stressors and depressive symptoms in the older children. Together, findings suggest that significant relations exist among stressful life events, social and cognitive processes, and depressive symptoms in young urban children and that these relations are influenced by gender and development.     

Australia's Progress Undefined: A Critical Review of Measures of Australia's Progress (MAP)

Indicator systems to report on concepts such as sustainability and progress have become a key policy response by governments to concerns over environmental degradation and social and economic instability. When developed by a national bureau, public service imperatives suggest that concepts such as ‘sustainability’ and ‘progress’ should be addressed without offending the ideology of political actors. We offer a case study of the Australian Bureau of Statistics (ABS) Measures of Australia's Progress (MAP) indicator system. The ABS has chosen to avoid offering a clear definition of what progress means, or a conceptual framework linked to a definition to explain the selection of indicators. ‘Progress’, however, is a socially defined, normative concept. Such concepts cannot be understood without reference to cultural and political processes. By seeking to avoid a perception of cultural or political bias the ABS has limited MAP's capacity to measure progress. We conclude with suggestions on how MAP might be improved.