Developments in criminal law and criminal justice

Conclusion It follows from what has been said above that history, principle, and authority combine to compel the conclusion that § 80's guarantee of trial by jury precludes a verdict of guilty being returned in a trial upon indictment of an offence against a law of the Commonwealth otherwise than by the agreement or consensus of all the jurors. That being so, § 57 of the Juries Act, 1927, cannot, consistently with § 80, operate to authorize the conviction of either of the appellants by a majority verdict. Their convictions were unconstitutional and must be set aside.The appeal should be allowed. The orders of the South Australian Court of Criminal Appeal should be set aside and in lieu thereof it should be ordered, in the case of each appellant, that the appeal to that court be allowed, that the conviction be quashed and a new trial ordered.B.A., Columbia University 1972; J.D., Hofstra University 1975.     

THE IMPACTC OF DIVORCE ON FAMILIES

Australian research on the impact of separation and divorce on children and their families has consistently shown that although separation is a stressful event in the lives of families, the long-term prospects for these families is encouraging. A number of issues arising from the research presented in this article warrant closer consideration by decision makers, court administrators, and professionals dealing with disputing families. First, programs aimed at reducing conflict and assisting families to deal with the emotional impact of separation need to be given priority. Second, there is sufficient indication to suggest that poverty as a result of separation and divorce has a debilitating effect on women and children. Third, in dealing with disputes over custody and access, care needs to be taken to respect the needs of individual children. Finally, high conflict in a family postseparation should be a warning to pay particular attention to the potential harm of applying joint custody and frequent access presumptions.     

The effect of experience on the political attitudes of Korean college students

Korean student enter college singularly susceptible to the influence of their seniors, who tend to be critical of the Korean government and its relation to the United States, and by extension, the United States itself. One recent study involving 208 Korean college students suggested that the attitude of the great majority had become progressively less favorable, or more unfavorable toward the United States over a one-year-period, and more cynical concerning its motives. That study, however, did not control for age, and relied on students’ own impressionistic self-reports of their initial attitudes. The present study is a replication and extension of that one, using a panel of entering students, whose attitudes were measured during the first and last weeks of their first college semester. The results indicate that the change in attitude toward “anti-Americanism” occurs within this first semester.     

Two Logics of Labor Organizing in the Global Apparel Industry

What factors account for labor strategies in global industries? While some scholars point to economic factors and others look to political opportunity structures, an examination of union actions in the Central American apparel export industry over a 14-year period suggests that activists' historical experiences and ideological orientations also strongly influence union dynamics. Left-oriented unions tend to form unions through transnational activism whereas conservative unions most often turn to plant-level cross-class collaboration. Moreover, these two union strategies are interconnected. Successful transnational activism facilitates conservative union formation through a "radical flank" mechanism; the threat of left-union organizing motivates employers to accept unionization by conservative unions to block left unions from gaining influence in the plant. To examine these arguments, this article employs pooled time-series statistical analysis, structured interviews with labor organizers, and process tracing that draws on nine months of field research in Honduras and El Salvador.     

Resources, Group Conflict and Symbols: Explaining Anti-Immigration Hostility in Britain

This article analyses the causes of variation in attitudes to immigration policy in the UK. The key theoretical approaches emphasised are: the role of self-interest; group conflict over resources; and group conflict over important symbols of Britishness. The connection between perceptions of immigration and crime is also investigated. Based on the 2003 British Social Attitudes Survey, the findings indicate that self-interest has very little bearing on opposition to immigration and that British citizens instead appear to be most concerned with threats to ingroup resources posed by immigration, threats to the shared customs and traditions of British society (particularly those posed by Muslims) and – to a lesser extent – the potential for increased crime that may result from immigration.     

Local television news and voter support for law enforcement

Television has become “the” medium of the masses in contemporary America. However, there has been very little systematic investigation about television’s impact upon agents of political authority, such as municipal police agencies. This research analyzes potential linkages between voter support for local police and voter viewing habits of local television news. The impact of television news upon voter support for police is assessed in the context of a multivariate model, which includes media and non-media predictor variables. Voter “support” for a municipal police agency is deemed a multidimensional concept and is measured in absolute and relative terms. The findings of this exploratory study suggest that local television news has minimal or no impact (positively or negatively) upon voter attitudes toward local police agencies. The inability of mediaand non-media variables to explain voter support for municipal law enforcement indicates the need for a completely new paradigm to guide research in this niche of criminal justice.     

The fairness of discounting: A majority rule approach

A model of majority rule is developed in which each of a finite number of generations votes on a redistribution of income between itself and the other generations. In voting, each generation expresses tastes for its own income and for the distribution of income across generations. The model is then used to derive the conditions under which discounting is justified — namely those conditions for which the majority rule exhibits a positive marginal rate of time preference. It is demonstrated that when each generation is wealthier than those preceding it, the parameters representing the taste for income equality must be relatively high for the majority rule to exhibit a positive marginal rate of time preference.     

Primary hyperparathyroidism, hypercalcemia, paranoid delusions, homicide, and attempted murder

This report describes a case of primary hyperparathyroidism in a 68-year-old man. The endocrine disorder, while suspected before the commission of homicide and attempted murder, was proven biochemically and histologically a number of months after the commission of the crimes. The acts of homicide and attempted murder followed the development of paranoid delusions, which rapidly resolved upon successful removal of a single cystic parathyroid gland adenoma. The unusual events that immediately followed the acts of violence indicate that the delusions occurred in a clear sensorium (absence of delirium). Psychological measures taken before and after surgery document improvement in subtle organic functioning while intelligence was unchanged. This report discusses the neuropsychiatric manifestations of hypercalcemia and reviews the literature.