Shadow Writing and Participant Observation: A Study of Criminal Justice Social Work Around Sentencing

The study of decision‐making by public officials in administrative settings has been a mainstay of law and society scholarship for decades. The methodological challenges posed by this research agenda are well understood: how can socio‐legal researchers get inside the heads of legal decision‐makers in order to understand the uses of official discretion? This article describes an ethnographic technique the authors developed to help them penetrate the decision‐making practices of criminal justice social workers in writing pre‐sentence reports for the courts. This technique, called ‘shadow writing’, involved a particular form of participant observation whereby the researcher mimicked the process of report writing in parallel with the social workers. By comparing these ‘shadow reports’ with the real reports in a training‐like setting, the social workers revealed in detail the subtleties of their communicative strategies embedded in particular reports and their sensibilities about report writing more generally.     

Towards a Comparative Theory of the Contractual Construction of Personal Work Relations in Europe

This article seeks to build upon the earlier article ‘Fromthe Contract of Employment to the Personal Work Nexus’(2006) 35 ILJ 1, and further to substantiate the theoreticalbasis for our work on the European comparative law of personalwork contracts. Two associated but distinct hypotheses are presented;the first one concerns ‘institutions’ and exploresthe ways in which the contract of employment has become andbeen a central institution of European labour or employmentlaw systems, but an institution differently constructed anddisplaying normative diversity as between those different systems.The second hypothesis postulates a contrast in juridical methodologyas between English common-law-based systems and continentalEuropean civil-law-based systems, the former being characterisedby a ‘regulated self-designed contracts’ approach,and the latter by a ‘standardised contract typology’approach. In conclusion, these two hypotheses are integratedinto a composite tentative comparative theory, which, we argue,can usefully be related to the theoretical discourse about the‘varieties of capitalism’ in Europe.     

Global Production Networks, Chronic Poverty and ‘Slave Labour’ in Brazil

For large parts of the world's poor labour force, participation in global production networks (GPNs) is associated not with poverty reduction and ??social upgrading??, but with highly precarious, unprotected and exploitative forms of work and employment, resulting in a perpetuation, rather than alleviation, of chronic poverty. In this article, we seek to understand these dynamics of ??adverse incorporation?? in the context of Brazilian agriculture, focusing on the extreme ends of the spectrum of exploitation associated with what, in Brazil, is usually termed ??slave labour??. We explore two questions which reveal the circular character of adverse incorporation. First, to what extent, in what ways and under what circumstances does chronic poverty foster patterns of precarious and exploitative employment within GPNs for poor workers? Second, to what extent, in what ways and under what circumstances can the workings of GPNs, and the terms on which poorer workers are incorporated into them, be said to produce and reproduce chronic poverty?     

Defending the Accused: The Impact of Legal Representation on Criminal Trial Outcomes in Victoria,Australia 1861–1961

Access to legal representation by accused felons was entrenched as part of the adversarial system from the early nineteenth century, but a substantial minority of defendants remained undefended at superior court level well into the twentieth century. Using a sample of criminal trials collected across a crucial hundred-year period that saw the development of incipient legal assistance schemes, this article seeks to examine what effect the presence of defence counsel had on individual trial results. It is shown that there was a significant association between defence status and a variety of outcomes, including pleas, verdicts, trial length, bail status and sentencing. This relationship was to some extent affected by the specific offence with which the accused was charged, but remains evident across various other factors, including defendant ethnicity, sex, occupation and age, and lawyer assigned to the case. The results suggest that representation was highly desirable for defendants throughout this period.     

Companions on a Serendipitous Journey

This article is a contribution to the occasional series dealing with major books that have influenced the authors. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, and Roger Cotterrell.     

Drug and alcohol use as determinants of New York City homicide trends from 1990 to 1998

In this population-level study, we analyzed how well changes in drug and alcohol use among homicide victims explained declining homicide rates in New York City between 1990 and 1998. Victim demographics, cause of death, and toxicology were obtained for all homicide (N = 12573) and accidental death victims (N = 6351) between 1990 and 1998 from the Office of the Chief Medical Examiner of New York (OCME). The proportion of homicide and accident decedents positive for cocaine fell between 1990 and 1998 (13% and 9% respectively); the proportion of homicide and accident decedents positive for opiates and/or alcohol did not change significantly. Changing patterns of drug and alcohol use by homicide victims were comparable to changing patterns of drug and alcohol use in accident victims, suggesting that changes in drug and alcohol use among homicide victims between 1990 and 1998 cannot solely explain the decline in NYC homicide rates.     

A method for the determination of syringe needle punctures in rubber stoppers using stereoscopic light microscopy

The ability to accurately determine the number of syringe needle penetration holes through the rubber stoppers in pharmaceutical vials and rubber septa in intravenous (i.v.) line and bag ports has been a critical factor in a number of forensic cases involving the thefts of controlled substances or suspected homicide by lethal injection. In the early 1990s, the microscopy and microanalysis group of the U.S. Food and Drug Administration's Forensic Chemistry Center (FCC) developed and implemented a method (unpublished) to locate needle punctures in rubber pharmaceutical vial stoppers. In 1996, as part of a multiple homicide investigation, the Indiana State Police Laboratory (ISPL) contacted the FCC for information on a method to identify and count syringe needle punctures through rubber stoppers in pharmaceutical vials. In a joint project and investigation using the FCC's needle hole location method and applying a method of puncture site mapping developed by the ISPL, a systematic method was developed to locate, identify, count, and map syringe punctures in rubber bottle stoppers or i.v. bag ports using microscopic analysis. The method requires documentation of punctures on both sides of the rubber stoppers and microscopic analysis of each suspect puncture site. The final result of an analysis using the method is a detailed diagram of puncture holes on both sides of a questioned stopper and a record of the minimum number of puncture holes through a stopper.     

Mediating between state and citizens: the significance of the informal politics of third-party representation in the global south

This article argues that we should take more seriously the role of intermediaries in relationships between states and citizens in the global south. More specifically it holds that the practice of mediation, the third party representation of citizens to states and vice versa, is a widespread and important political practice in this context. Largely distinct from the contentious politics and popular mobilisation of social movements, mediation is more a politics of negotiation and bargaining by representatives. Developed as an emergent analysis from multiple case studies, mediation is a broad concept that includes practices that at other times might be described as lobbying, clientelism and coercion, but that we conceptualise in terms of claiming legitimacy to speak for the poor and marginalised, and theorise in terms of a democratic deficit between formal political institutions and these groups. In addition to identifying different kinds of mediators, the article categorises mediation in terms of the orientation and nature of various mediatory practices. Lastly, the article identifies at least three explanations for mediation including the endurance of pre-democratic political relations and practices, new forms of social exclusion in post-colonial democracies and the erosion of state authority brought about by neo-liberal policies and globalisation.