ADOLESCENT DRUG USERS: THE JUSTICE SYSTEM IS MISSING AN IMPORTANT OPPORTUNITY

A significant number of youth and young adults who use drugs have fallen through the cracks of our juvenile and adult justice systems in terms of receiving any meaningful services. The situation is due to a number of factors, including the reliance on adolescent self reporting utilized by most of the research, the failure of justice and other systems to routinely assess youth for either current drug use or indicia of drug use (e.g., "resiliency" or "protective" factors), and confidentiality and other restrictions pertaining to access to juvenile justice system information. Yet, retrospective reviews of drug use patterns for adults in the criminal justice system make it clear that drug use is beginning for most of these offenders during adolescence or before. This article urges (1) juvenile courts to develop mechanisms for systematically screening youth who come into the system for drug use and/or propensities for drug use and (2) adult courts to embark on similar strategies and to develop adolescent tracks that would be geared to providing the services these youth (despite their chronological age) need and would otherwise not receive in the adult system.     

The new consumer and business protection regulations: another string to the brand owner's bow?

Legal context: This article assesses the impact of The Consumer Protectionfrom Unfair Trading Regulations 2008 (CPRs) (implementing theUnfair Commercial Practices Directive) and The Business. Protectionfrom Misleading Marketing Regulations 2008 (BPRs) (implementingthe consolidated and codified Misleading and Comparative AdvertisingDirective) on areas of marketing and advertising in which IPrights often become involved and the impact of the recent ECJdecisionon their application in the O2 v Hutchison 3G referencebythe Court of Appeal. Key points: The CPRs govern advertising and promotional activities aimedat consumers. Much of the consumer and business protection legislationpreviously scattered amongst various Acts has been repealedand replaced by elements of the BPRs or CPRs. In total, 36 Regulationsand Orders and 41 Acts are affected. The BPRs now govern misleadingmarketing and comparative advertising, previously dealt withunder the Control of Misleading Advertising Regulations 1988.The article looks at how these Regulations may be applied insituations which interested parties currently attempt to resolveusing trade mark or passing off laws. Practical significance: The new Regulations are aimed at the protection of consumersand businesses from unscrupulous marketing and trade promotionpractices which affect their economic behaviour. Thirty-onepractices are specifically identified as automatically fallingfoul of the Regulations. Businesses will need to review theirpractices to avoid the possibility of criminal penalties includingfines and imprisonment for consenting, conniving, or recklessofficers of businesses involved in such practices. Until the ECJ decision in O2 v Hutchison 3G, it had been thought(from Jacob LJ's finding in his reference to the ECJ in thiscase) that trade mark law had no role to play in comparativeadvertising as it was specifically provided for under the ComparativeAdvertising Directive and hence under the BPRs. Since thesedid not provide an individual right of action (the OFT or TradingStandards alone may enforce), it left trade mark owners withlittle muscle in comparative advertising situations. However,the ECJ made clear that where practices fail to satisfy thecriteria set out in the Directive for legitimate comparativeadvertising, trade mark law may be invoked as a remedy. Thiswill be a relief to major brand owners for whom comparativeadvertising is commonly a concern.     

Biological and DNA evidence in 1000 sexual assault cases

Using a Filemaker-based database (DNA Pro-FILES, Synchrone Infosystème Inc.), we have conducted a large-scale study on 1000 sexual assault (SA) cases where a standardized kit was submitted to our laboratory alone or with other types of exhibits. We looked at the likelihood of obtaining good quality DNA evidence, allegedly from the assailant, according to a number of parameters.The overall proportion of SA cases with DNA evidence is nearly 50%. A little more than 30% of SA kits provided DNA evidence while for 16% of cases DNA evidence could be obtained only from other exhibits.The likelihood of obtaining DNA evidence is approximately 50% in teenager and adult SA cases, but much lower for children 10 years old or younger (15%). In children cases, profiles were found mostly on clothing or skin swabs.The likelihood of obtaining DNA evidence from vaginal swabs remains good for up to 3 days after the assault (from 35% on the first day to 23% on the third day). A DNA profile was obtained from approximately 22% of anal/rectal swabs and 41% of skin swabs taken less than 1 day after the assault. Less than 10% of oral washes provided DNA evidence, all having been collected within 24 h of the assault.We found that in bodily samples, a negative result for acid phosphate (AP) is a poor predictor of the likelihood of obtaining good quality DNA evidence. Approximately 15% of vaginal swabs and 8% of anal swabs negative for AP nevertheless provided good quality DNA evidence.     

The Influence of Evidence on Animal Cruelty Prosecution and Case Outcomes: Results of a Survey

Two hundred prosecuting attorneys completed a survey concerning priorities in taking on animal cruelty cases and the factors that help or hinder prosecuting such cases. Respondents commented on the priority given such cases. Questions also addressed specific kinds of evidence that had been used to decide whether to take on a cruelty case and were used in court. Results showed that prosecutors most frequently relied upon “traditional” sources of evidence, including detailed medical and crime scene reports and good quality photographic evidence. Other sources of forensic evidence such as DNA, computer forensics, forensic accounting, blood, and trace evidence were rarely employed. Veterinary forensic evidence, including forensic necropsies and detailed medical reports, was viewed as an important factor by a majority of prosecutors in deciding whether to accept a case for prosecution and in achieving a successful outcome, but a need for additional training for investigators was indicated.     

Pregnancy in prison,Mother and Baby Unit admission and impacts on perinatal depression and ‘quality of life’

Limited research exists on the impact of prison mother and baby unit (MBU) residence. Research in the UK suggests women in MBUs have lower prevalence of mental disorder. Higher rates of mother-child attachment for women in prison nurseries in the US have been reported. Eighty-five pregnant women were interviewed at baseline and 62 followed up in nine different prisons. The Edinburgh Postnatal Depression Scale (EPDS) was used to measure perinatal depression; the World Health Organisation Quality of Life (WHOQOL – BREF), for quality of life; and the Mother-to-Infant Bonding Scale (MIBS) for mother-child bonding. EPDS scores were higher at baseline than follow-up. Women admitted to MBUs had lower EPDS scores at baseline and follow-up, and this reduction was greater than for women not admitted to MBUs. WHO-QOL scores were higher at follow-up than baseline on all domains, except the social domain for those not admitted to MBUs. Findings suggest women with perinatal depression are less likely to be admitted to MBUs, and MBU placement may contribute to a reduction in perinatal depression. Increased QOL-BREF scores at follow-up suggest improved quality of life for all participants. Reduced support post-separation may contribute to lower social domain scores for women not admitted to MBUs.     

Perceptions of psychological well-being in UK law academics

This study provides evidence that changing and increasing expectations of university, of students, and of academics of themselves have had an impact upon the perceptions of well-being in the law teachers who responded to this survey. A total of 185 UK law teachers completed a large survey which included demographic questions (age, academic qualifications, and experience), four questionnaires and a series of open-ended questions. Although most reported depression, anxiety and stress levels within the normal range, those who reported high stress levels were significantly more likely to report lower hope scores and higher obstruction of values scores as well as significantly less environmental mastery and self-acceptance. The results reported here indicate the importance of autonomy to law teachers. It is suggested that this is an issue that requires further investigation because of the potential for levels of psychological distress to increase.     

Service Use and Needs Among Female Survivors of Intimate Partner Violence Attending Community College

Community college (CC) students make up 45% of American undergraduates, but little is known about their experiences of intimate partner violence (IPV), or accompanying service use and needs. The current study used a sequential confirmatory mixed methods design among a simple random sample of female CC students (n?=?435), of whom 112 have experienced IPV in the past 12 months. Of these IPV survivors, 20 participated in qualitative follow-up interviews. The study assess use and perceived usefulness of college and community based resources, extent of social support, and perceived need for and barriers to service access. Campus based resources were rated as more useful than community based resources. Faculty were identified as important supports for survivors. Those experiencing IPV reported lower rates of social support compared to other students. A range of supports and services were endorsed as possibly useful by survivors. Survivors need services to address life generated risks that compound barriers to college completion created by abuse. CC survivors often balance work and parenting with education, and may benefit from different services than survivors in other educational settings.     

Sexual Orientation,Gender Identity,and Adoption Law

The legal landscape surrounding adoption by lesbian, gay, bisexual, transgender, or questioning/queer (LGBTQ) parents continues to be dynamic and variable across the United States, yet the topic is generally viewed favorably by Americans and increasing numbers of LGBTQ adults are becoming adoptive parents. In this essay, we explore intersections of sexual orientation, gender identity, and adoption law. We discuss connections between parenting (including adoption) and marriage rights, highlight the influence of varying legal contexts and discrimination for LGBTQ adults who pursue adoption (including case examples from Florida after the gay adoption ban was lifted), and incorporating the perspectives of adoption‐agency personnel working with LGBTQ clients.     

Whose business is your pancreas? Potential privacy problems in New York City's mandatory diabetes registry

This article examines a recent New York City health regulation that mandates the compilation and storage of individual medical data from nearly all diabetics in a centralized registry. The authors distinguish this novel registry from prior health registries and scrutinize its potential to compromise individual privacy. In order to address privacy and other concerns, the authors offer suggestions for changes to the current statutory framework of the registry that will also be useful when considering the creation of similar public health registries in other cities.