Precautionary Maybe,but What's the Principle? The Precautionary Principle,the Regulation of Risk,and the Public Domain

The 'precautionary principle', originating in the field of environmental protection but now widely applied, is a major point for discussion in the regulation of risk. Though promising proactive and pre-emptive intervention to prevent potentially irreversible harm, its precise meaning remains somewhat unclear. Legal systems tend to view it as procedural rather than substantive, and debates abound regarding its 'stronger' or 'weaker' versions and, indeed, the very concept of 'risk'. It is also necessary to discuss how the principle operates in varying administrative and constitutional contexts but the key task is to clarify the principle's fundamental value base. If its essentially collective orientation is highlighted, it may better ensure that democratic and non-pecuniary interests are given due prominence in regulatory contexts otherwise dominated by economic interests and technological imperatives, and it may then play an important role in reasserting the values of the public domain in the face of powerful private interests.     

Science,Evidence and Logic

Bernard Robertson and G.A. Vignaux, Interpreting Evidence: Evaluating Forensic Science in the Courtroom , Chichester: John Wiley & Sons, 1995, xxi + 240 pp, hb £24.95.     

Prisoners' Adjustment, Correctional Officers, and Context: The Foreground and Background of Punishment in Late Modernity

Past research indicates that front-line criminal justice workers are the critical players in determining whether innovations in penal policy are realized. Recent attempts to understand the diversity in the application of the penal harm movement have, however, sidestepped the primary audience of these policies, the population of convicted offenders. This article uses data from two prisons to examine the effects of correctional officers on women prisoners' adjustment to prison life. Using regression models and interview data, we find that correctional officer behavior has a profound impact on women's ability to adjust to prison, and this effect is largely independent of the prisoners' characteristics and the institutions in which they are housed. On a theoretical level, the findings speak to recent calls to examine the background and foreground of penal culture. On a practical level, they highlight the need to understand the environments from which women are emerging, not just the communities into which they are released.     

Impact of Juror Attitudes about the Death Penalty on Juror Evaluations of Guilt and Punishment: A Meta-Analysis

This literature review summarizes the existing research examining how the attitude a potential juror has toward the death penalty impacts on the probability of favoring conviction. The summary of 14 investigations indicates that a favorable attitude toward the death penalty is associated with an increased willingness to convict (average r = .174). Using the binomial effect size display, this favorable attitude towards the death penalty translates into a 44% increase in the probability of a juror favoring conviction.