Ignorance of the Criminal Law,and Duties to Avoid it

‘Ignorance of the law is no defence,’ so we are told from an early stage in our legal studies. Or, to be more accurate, ‘ignorance of the criminal law is no defence to a criminal charge.’ That appears to be the rule in this country, apart from a couple of well‐established exceptions and another possible one. I will argue that it is a preposterous doctrine, resting on insecure foundations within the criminal law and on questionable propositions about the political obligations of individuals and of the State. In developing these arguments, I will draw attention to the differing problems of ignorance of the criminal law in three broad areas – regulatory offences, serious crime, and offences of omission – with a view to suggesting that there is a great deal more that the State needs to do if the issue of ignorance of the criminal law is to be dealt with adequately and fairly. I begin by scrutinising the relevant rule of English criminal law and the justifications offered for it. I then go on to situate the ‘ignorance‐of‐law’ doctrine in the context of the principle of legality and the rule of law, those bastions of liberal criminal law theory. Part three then explores the three broad areas of the criminal law, and parts four and five carry the debate into the political obligations of individuals and of the State in these matters.     

The temporal fate of drugs in decomposing porcine tissue

Drug levels in decomposed individuals are difficult to interpret. Concentrations of 16 drugs were monitored in tissues (blood, brain, liver, kidney, muscle, and soil) from decomposing pigs for 1 week. Pigs were divided into groups (n = 5) with each group receiving four drugs. Drug cocktails were prepared from pharmaceutical formulations. Intracardiac pentobarbital sacrifice was 4 h after dosing, with tissue collection at 4, 24, 48, 96, and 168 h postdosing. Samples were frozen until assay. Detection and quantitation of drugs were through solid phase extraction followed by gas chromatograph/mass spectrometer analysis. Brain and kidneys were not available after 48 h; liver and muscle persisted for 1 week. Concentration of drugs increased during decomposition. During 1 week of decomposition, muscle showed average levels increasing but concentrations in liver were increased many fold, compared to muscle. Attempting to interpret drug levels in decomposed bodies may lead to incorrect conclusions about cause and manner of death.     

Counterterrorism strategies in the lab

We conduct experiments to test the collective action dilemmas associated with defensive and proactive counterterror strategies. Defensive policies are associated with creating public ??bads' (e.g., a commons) whereas proactive policies are akin to the voluntary provision of public goods. When combined, the inefficiency of collective action is exacerbated, resulting in a situation known as a Prisoner??s Dilemma squared (PD²). Deterministic versus probabilistic equivalent versions of the associated externalities are compared within a laboratory setting. Experimental results reveal that the collective action problem associated with counterterror strategies is deepened in uncertain environments, and is indeed a robust regularity that is not easily overcome; as individuals gain more experience, they become even more self-interested.     

Bystander reaction to women fighting: developing a theory of intervention

This article explores accounts of bystanders to female-on-female public violence. Group interviews with participants in the night-time economy are carried out. Whereas men tend to respond to the discussion topic of female-on-female violence with laughter, this laughter reveals ambivalence and discomfort as much as amusement. Men seem to negotiate the tension between the expectation that they should intervene in emergencies and a catalogue of costs that attend intervention. Female bystanders appear to have a different set of concerns. They talk about feelings of shame at the interpersonal and the group level. Women cite the public spectacle, and the opportunity for men to demean or sexualize women, as reasons for intervention. The article concludes with some recommendations about the importance of exploring female violence in its own terms, beginning with a series of identified moral and social dilemmas incurred within possible third-party intervention.     

Political Debates on Asylum Seekers during the Fraser Government, 1977–1982

Between 1977 and 1982, the Australian Government resettled over 54,000 Vietnamese refugees. It also admitted 2,059 Vietnamese asylum seekers who arrived by boat without state authorisation. Although the number of Vietnamese asylum seekers was significantly smaller than the number of Vietnamese refugees processed offshore in refugee camps, the unexpected arrival of these boat people stimulated debate in Parliament and in the press about an appropriate response. This article examines the language politicians used to describe Vietnamese asylum seekers and the arguments used to justify their inclusion or exclusion. The evidence demonstrates that the political rhetoric used in this period in Australia's immigration history cannot be solely categorised as inclusive or humane. Rather, the overall impression is one of resistance and pragmatism.     

Family learning environment: The subjective view of adolescent males and females

This study investigates sex differences in two aspects of family learning environment as subjectively viewed by adolescents: parents' educational expectations and relationships with parents. Analysis of the data collected from 105 young Israeli adolescents (65 males and 40 females) shows sex differences in both aspects of family learning environment. These differences are (a) a negative relation between idealistic expectations and academic performance for females and a positive relation between realistic expectations and academic performance for males, and (b) a positive relation between estimated similarity with father and academic performance for females and a negative relation between social emotional relationship with father and academic performance for males. These sex differences are viewed in light of the greater complexity of female identity as it is related to low achieving females' perceived pressure to improve academic performance and high achieving females' feeling closer to their fathers.Received Ph.D. from Hebrew University of Jerusalem. Current research interests include social aspects of adolescents' development and schooling with special emphasis on adolescents' self-image and future time orientation.     

The impact of stress and coping: Developmental changes in the transition to adolescence

Developmental change in the impact of stressful life events and coping styles were assessed among Israeli preadolescent and adolescent boys. A school sample completed a questionnaire tapping emotionally, cognitively, and practically oriented styles of coping, along with a life event survey. Teachers reported on behavior and adjustment. Analyses revealed that coping among preadolescent males was relatively undifferentiated and of limited efficacy. The transition to adolescence saw an increased qualitative differentiation of emotionally from practically or cognitively oriented coping styles, as well as quantitatively greater use of cognitively oriented coping. Further, cognitively and practically oriented coping served as effective foils to the adverse effects of stress, whereas emotionally oriented coping was counterproductive. Discussion focused on the possible contribution of cognitive growth to coping, as well as the relative utility of adult models for the study of coping in young populations.Received doctorate in educational psychology from University of California, Los Angeles. Current research interests include stress and coping across the life span, social sources of adolescent self-esteem, and intergroup relations in the junior high school.Received doctorate in clinical psychology from Hebrew University. Research interests include social and emotional development in children and adolescents.Received doctorate from Groningen University. Research interests include longitudinal studies of health and well-being in normal families and those with mentally ill members.Received master's degree in clinical child psychology from Bar-Ilan University. Research interests are in family relations and socioemotional development.