EARLY NEUTRAL EVALUATIONS: APPLICATIONS TO CUSTODY AND PARENTING TIME CASES PROGRAM DEVELOPMENT AND IMPLEMENTATION IN HENNEPIN COUNTY,MINNESOTA

A program to apply Early Neutral Evaluation (ENE), a confidential, settlement‐oriented and accelerated alternative dispute resolution technique, to child custody and parenting time cases has been cooperatively developed by Hennepin county Family Court Services and the Minnesota Fourth Judicial District Family Court. Parties are referred by the court to a male/female team of experienced neutral evaluators for early feedback on the probable outcome of a full evaluation and an opportunity to negotiate a settlement. It has proven to be a highly successful program in its first 2 years, with the majority of cases reaching an early settlement. The ENE program reduces the stress and expense of custody disputes for clients, expedites judicial case management, maximizes Family Court Services staff efficiency, and focuses subsequent evaluations on critical issues.     

施瓦辛格：危机中的身影

为终结危机而战 2008年12月1日，加州州长施瓦辛格正式宣布加州进入财政紧急状态。当时预计，未来18个月内，财政赤字将增至惊人的280亿美元。“如果不能立刻采取行动，我们州正走向一场财政灾难。”61岁的施瓦辛格表示。他试图双管齐下，通过增加税收以及削减开支，来解决目前的资金短缺。     

Does Globalisation Threaten the State? Thesis on the Fractal State

There has been much recent debate concerning the role of the state. What should we make of this unease? There are two possibilities: the first involves taking a clear position on the debate by stating that globalisation leads to the downgrading of states in global regulation, to the benefit of the market. This suggests that the era of the state will be followed by the era of the market. While this thesis has many elements of truth, it underestimates the capacity of the state to transform itself, at the risk of opposing the state too systematically to the market. The second takes the opposite point of view by saying that the globalisation leaves the state neither defenceless nor weakened. The tenants of this analysis use the historical plasticity of the state and the falling numbers of states in the world as evidence. At the same time, they hide the size of the crisis of legitimacy of public policies. The problem comes from the fact that these two theses, reputed to be mutually antagonistic, are in fact perfectly complementary. Accordingly, instead of choosing between them, it seems useful to address them simultaneously before moving beyond them to propose the following thesis: globalisation develops at once against and with the state. This inherent contradiction transforms the state into a fractal actor, that is to say a state that no longer poises itself over society, but who at the same time remains the guarantor of a public rationality.     

Women Victims of Violent Partners: The Italian Situation Amid Culture and Psychopathology

In 2006, the Italian National Institute of Statistics (ISTAT) conducted a survey over the entire national territory of women victims of sexual, physical, and psychologic violence, a few years after the first survey, conducted in 2002. For the 2002 survey, respondents were 60,000 women, 22,759 of whom were aged 14–59 years. For the 2006 survey, the sample consisted of 25,000 women aged 16–70 years. Owing to the sensitivity of the issues, the telephone survey technique seems best suited because it provides more anonymity and guarantee of protection. The survey showed that the phenomenon of violence against women is most commonly perpetrated by the partner or ex‐partner, even in cases of homicide. A comparison of the Italian data with those of the U.S.A. for the period 2001–2006 showed a specificity of Intimate Partner Violence in Italy, that seems to be related to cultural elements and psychologic and psychopathologic factors.     

Real-time PCR designs to estimate nuclear and mitochondrial DNA copy number in forensic and ancient DNA studies

We explore different designs to estimate both nuclear and mitochondrial human DNA (mtDNA) content based on the detection of the 5' nuclease activity of the Taq DNA polymerase using fluorogenic probes and a real-time quantitative PCR detection system. Human mtDNA quantification was accomplished by monitoring the real-time progress of the PCR-amplification of two different fragment sizes (113 and 287 bp) within the hypervariable region I (HV1) of the mtDNA control region, using two fluorogenic probes to specifically determine the mtDNA copy of each fragment size category. This mtDNA real-time PCR design has been used to assess the mtDNA preservation (copy number and degradation state) of DNA samples retrieved from 500 to 1500 years old human remains that showed low copy number and highly degraded mtDNA. The quantification of nuclear DNA was achieved by real-time PCR of a segment of the X-Y homologous amelogenin (AMG) gene that allowed the simultaneous estimation of a Y-specific fragment (AMGY: 112 bp) and a X-specific fragment (AMGX: 106 bp) making possible not only haploid or diploid DNA quantitation but also sex determination. The AMG real-time PCR design has been used to quantify a set of 57 DNA samples from 4-5 years old forensic bone remains with improved sensitivity compared with the slot-blot hybridization method. The potential utility of this technology to improve the quality of some PCR-based forensic and ancient DNA studies (microsatellite typing and mtDNA sequencing) is discussed.     

Contemporary criminal defence practice: importance of active involvement at the investigative stage and related training requirements

ABSTRACT

The shifting focus of criminal proceedings from the trial to the pre-trial stages leads to a changing role of criminal defence practitioners across Europe. European criminal defence lawyers are now expected to enter the proceedings earlier and exercise “active” and “participatory” defence as early as the investigative stage. Criminal lawyers, trained in the traditional trial-centred paradigm, are ill-prepared for this role, which results in an important skills gap. Legal representation at the investigative stage presents unique challenges, such as shortage of information, time pressures and the closed nature of pre-trial proceedings. It requires lawyers to operate in a more complex communication environment, than the one to which they have been accustomed. This article sets out the main elements of a professional training programme aiming to fill in the emerging skills gap. The training programme (SUPRALAT) was successfully implemented in Belgium, Hungary, Ireland and the Netherlands, and is being expanded further. The training focuses on effective communication skills, experiential learning and the development of reflective skills. It includes elements of interprofessional training and encourages the development of “communities of practice”.