The negligence of prison authorities and the protection of prisoner’s rights

This article looks at the potential for legal action brought by prisoners (and their dependants) who have suffered from the alleged neglect of the prison authorities. The article will examine the case law in this area to assess the success of prisoners’ negligence claims and whether such claims are unduly fettered by judicial attitudes and other more practical issues such as the difficulty in establishing a breach of duty. In particular the article will consider whether the law and its application has been, or should be, modified in the light of new obligations imposed on public authorities, including the courts, by the Human Rights Act 1998 and by the developing case law of the European Court of Human Rights in respect of Convention rights such as the right to life and freedom from inhuman and degrading treatment.     

Public satisfaction with the police in domestic violence cases: The importance of arrest,expectations, and involuntary contact

This study examines the importance of victims’ expectations of the police, the decision to arrest, and voluntary contact on satisfaction ratings of the police in domestic violence cases. Based on results from past research and modern police policy, several hypotheses are tested including: fulfilled expectations, offender arrests, and voluntary contacts resulting in positive satisfaction ratings of the police. To investigate these predictions further, the present study utilizes data from a national study on violence against women in the United States. Logistic regression analyses indicate that fulfilled expectations and the arrest decision are important to positive satisfaction ratings. Findings also indicate that involuntary, not voluntary, contact with the police leads to higher satisfaction ratings.     

The evaluation of the extent of transporting or "tracking" an identifiable ignitable liquid (gasoline) throughout fire scenes during the investigative process

Tests have determined that boots or shoes of individuals at a fire scene do not transport sufficient contaminants ("tracking") through the fire scene to produce a positive laboratory result for the presence of gasoline in a fire scene that was not present at the time of the fire. Questions about the validity of forensic laboratory results have been raised on the basis that low-level gasoline residues detected in the laboratory samples could have been the result of transporting the residue by footwear contaminated from the fire scene ("tracking"). The data collected in this study establish that "tracking" does not lead to false-positive laboratory results. Canines trained and experienced in the detection of trace ignitable liquid residues were also utilized in this study. The canine results confirmed that properly trained canines show a higher sensitivity than do standard ASTM laboratory techniques for fire debris analysis. In a few cases, canines responded to contamination, but laboratory testing (which is the definitive indicator) did not produce positive results.     

Government Hedging: Motivation, Implementation, and Evaluation

This article examines option hedging strategies that enable politicians to manage budgetary risk. While the theoretical risk management arguments are general, the simulation analysis considers the example of oil revenue risk in Texas, and estimates the costs and benefits of an option hedging program. To evaluate government option hedging strategies, the study develops a hedge quotient measure that compares the future value of realized revenues plus net option proceeds to the future value of expected revenue. The average hedge quotient is found to be lower for the option hedging strategy than for the unhedged position, illustrating the cost of an option hedging program. Nevertheless, option hedging effectively manages extreme downside risk and stops large budget deficits from occurring. Politicians may also like option hedging because it preserves the potential of realizing budget surpluses.     

La nouvelle gestion publique et l'accroissement des marges de manœuvre : un terreau propice au développement de l'éthique?

Abstract: The administrative discretion of civil servants is a central topic in public administration literature. Some authors view it as necessary and beneficial, while other researchers see it is a source of widespread abuse. However, reforms inspired by the “new public management” taking place in a number of public administrations are promoting greater managerial flexibility. In parallel with these modernization initiatives directed at administration, scandals continue to shake politico‐administrative life, and ethical issues are increasingly at the heart of public action. It is within this context that we question the relationship between an increasing managerial discretion and the development of an ethics infrastructure. Which areas are at risk? Can ethics help overcome the potential abuses of power? How do managers perceive their ability to be flexible and the role of ethics in their work? How do you implement the ethical requirements developed in various standards documents? These are the principal themes addressed in this article that presents the findings of a qualitative case study conducted in a Quebec ministry in 2008–2009. Our results show that, contrary to what promoters of the new public management claim, managers have little, if any, discretionary power in matters of financial management. Their actions and decisions are strictly governed by hierarchical control mechanisms or a computer system. This explains in part why taking ownership of general principles and establishing an ethics infrastructure remain a formal process.     

Clinically Significant Trauma Symptoms and Behavioral Problems in a Community-based Sample of Children Exposed to Domestic Violence

This study assessed the associations of characteristics of domestic violence incidents with clinically significant levels of traumatic symptoms and behavioral problems in a socio-economically and ethnically mixed sample of 687 children participating in a community-service program for children witnessing violence. Study predictors included child/family demographic characteristics, type and chronicity of exposure, and child’s perceptions of control over the event and threat to personal safety. Outcomes consisted of traumatic symptoms and behavior problems. Results showed that perceived threat and control were associated with greater odds of clinically significant levels of several trauma symptoms (and behavior problems in the case of perceived threat) after adjusting for effects of demographic factors and violence characteristics. Child co-victimization increased odds of reaching clinically significant levels of traumatic symptoms compared to children who witnessed the event but were not victimized. Female sex and White ethnicity increased odds of specific trauma symptoms and behavior problems. Increasing age reduced odds of some trauma symptoms. Associations between predictors and one outcome measure did not generalize across the other outcome measure. Implications of study findings, and directions for future research are discussed.     

Use of the MMPI-2 to predict the employment continuation and performance ratings of recently hired police officers

The MMPI-2 is one of the most frequently employed instruments for the selection of police officers. Serafino and Serafino (1997) collected data which involved information about employment continuation and ratings by supervisors of 32 police officers who had recently been hired and who had been given the MMPI-2 during the hiring process. In this study, the Paranoia Obvious (Pa) and Paranoia Subtle (Ps) scales proved to be the significant. Pa Subtle correlated with removal whereas Pa Obvious correlated with rating. Higher scores on Pa Subtle correlated significantly with being removed from the job, whereas low scores on the Pa Obvious correlated with higher ratings of performance by supervisors. Discussion of the results involved the fact that Subtle Pa scores would suggest paranoid tendencies not easily detected during the interview. Since most high Pa Obvious individuals would have been eliminated in the hiring process, expression of this tendency was at a low level after being hired but if present resulted in low ratings. Significant predictors were noted to be very much a function of the type of criterion variable employed in the study.     

Does the stereotypical personality reported for the male police officer fit that of the female police officer

This research, using the content, validity and clinical scales found in the MMPI-2, investigates the differences in the psychological makeup of male versus female police recruits. The research design involves testing of police recruits on the first day of their academy experience. The literature on the police personality suggest that there exists a stereotype for male officers, a finding replicated in this study. The findings of this research also suggest that female officers do not generally fit the stereotype found in the study of male officers. An earlier version of this paper was present at the 1996 Annual Meeting of the Academy of Criminal Justice Sciences, March 12–16, 1996, Las Vegas, Nevada.