Managerial Induced Guilty Pleas in England and Israel – Legitimacy and the Role of the Judiciary: Reclaiming Judicial Responsibility through Managerial Means

Criminal Law Forum - The practice of induced guilty pleas, in which a defendant is induced to plead guilty due to an offered concession, has long been criticised in legal studies. It offers an...     

AGE,GENDER, AND THE CRIME OF CRIMES: TOWARD A LIFE‐COURSE THEORY OF GENOCIDE PARTICIPATION*

This article asks whether genocide follows the age and gender distributions common to other crime. We develop and test a life‐course model of genocide participation to address this question using a new dataset of 1,068,192 cases tried in Rwanda's gacaca courts. Three types of prosecutions are considered: 1) inciting, organizing, or supervising violence; 2) killings and other physical assaults; and 3) offenses against property. By relying on systematic graphic comparisons, we find that the peak age of those tried in the gacaca courts was 34 years at the time of the genocide, which is older than the peak age for most other types of crime. We likewise find that women were more likely to participate in crimes against property and comparatively unlikely to commit genocidal murder. Symbolic–interactionist explanations of crime suggest people desist from crime as a result of shared understandings of the expectations of adulthood. We argue that this process may be turned on its head during genocide as participants may believe they are defending their communities against a perceived threat. Thus, in contrast to other criminological theories suggesting that people must desist from crime to be accorded adult status, some adults may participate in genocide to fulfill their duties as adult men.     

Relatively Permanent Pigmented or Vascular Skin Marks for Identification: A Pilot Reliability Study

In child sexual exploitation offenses, the collected evidence images often show the skin of nonfacial body parts of the criminals and victims. For identification in this scenario, “relatively permanent pigmented or vascular skin marks,” abbreviated as RPPVSM, were recently introduced as the basis for a novel biometric trait. This pilot study evaluated the interexaminer variability of RPPVSM identification. Four dermatology physicians were recruited to examine RPPVSM from 75 skin images collected from a total of 51 Caucasian and Asian subjects. The images were separated into 50 reference (“suspect”) images and 25 evaluation (“evidence”) images. The examiners were asked to perform identification by annotating RPPVSM in each of the 25 evaluation images and matching them with the reference images. The rate of misidentification was 0% while the mean rate at which examiners failed to find a match was 6%, indicating the potential of dermatology physicians performing the role of RPPVSM examiners.     

Geoforensic search to crime scene: Remote sensing,geophysics, and dogs

In the absence of surface indications of burial sites, law enforcement or humanitarian organizations are faced with the difficult task of focusing large-scale ground searches to a manageable excavation area. A geoforensic-based survey may exclude parts of the landscape for reasons such as diggability or viewshed analysis but leave areas still too large for invasive exploration. This work examines how drone-based remote sensing, geophysics, and search dogs may be combined to narrow such searches. Here, we ask the reader to consider two examples where forensic geomorphology and land use provided a range of possible burial locations. Following this is a multi-proxy approach to similar dilemma, with a search-to-scene case study using remote sensing (drone photography), geophysics, ground probes, and search dogs. This approach is not presented as a definitive guide, but serves as an example of the conjunctive use of well-studied methods to approach a common problem in geoforensics.     

The emperor has no clothes: A systemic view of the status and future of child custody evaluation (CCE)

For all of the time, effort, and money invested in child custody evaluation (CCE) and for all of evaluators' emphases on collecting empirically sound data, CCE is not itself an empirically robust process. The reliability, validity, efficacy, and efficiency of CCE has never yet been adequately demonstrated. The science has yet even to define and measure the variables that constitute a healthy family, much less how one is to measure and recommend changes for conflicted systems in the midst of tectonic transitions. This article proposes five ways in which family law professionals and the culture at large should work to better serve the needs of our children: (1) the establishment of proactive parenting and co-parenting education intended to diminish the frequency and magnitude of family conflict and improve the quality of child and family functioning; (2) the introduction of organized incentives that motivate healthy parenting and co-parenting practices as opposed to negative consequences that do too-little, too-late; (3) a greater emphasis on social equity, cultural humility, and universal professional training; (4) the creation of ethical guidelines that disconnect continuing conflict from professional income; and (5) outcome research that feeds back into the evolution of these and related processes.     

Examining the Canadian Government's Resistance to Including Socioeconomic Concerns in Genetically Modified Seeds Regulation: A Policy Transfer and Multilevel Approach

In 2011, Canadian Members of Parliament refused to transfer a regulatory initiative taken from Argentina that would have required an analysis of potential harm to export markets before authorizing the sale of any new genetically modified seed. This was the purpose of Bill C‐474, which was defeated in the House of Commons. After exploring Argentina's regulatory framework as a source of transfer, this paper combines a multilevel analysis with a typology of policy transfer mechanisms in order to address the complexities underlying this unsuccessful attempt. We explore how the mechanisms of competition and coercion might have impeded the transfer of such an initiative at the international and the macro‐state levels. Moreover, while a policy transfer network in support of the bill called on previous experiences with genetically modified seeds, their efforts appear to have been outweighed by another network using arguments based on the mechanisms of competition, coercion, and mimicry.     

Public Support for Climate Change Policy: Consistency in the Influence of Values and Attitudes Over Time and Across Specific Policy Alternatives

This study examines the factors that explain public preferences for a set of climate change policy alternatives. While scholarly work indicates a relationship between attitudes and values on views toward specific issues, the literature often examines general support for issues rather than specific policy proposals. Consequently, it is unclear the extent to which these attitudes and values affect specific policy considerations. This project examines public support for five climate change policy options in two national surveys taken three years apart. The empirical analysis reveals that time is a factor and that those who are liberal, have strong ecological values, report greater concern for climate change, and trust experts are consistently more supportive of the climate policy options considered here. The results shed new light on the nuanced views of the American public toward climate change.     

A Fresh Look at Stock Market Short‐termism

In this article, we develop a novel understanding of stock market short‐termism as a social phenomenon. Contrary to formerly popular academic belief, short‐termism is a problem that is highly unlikely to be structurally self‐correcting. An important driver of short‐termism typically elided within standard legal‐academic analyses is the informational centricity of modern stock markets, and resulting pressure on corporate managers to generate fresh ‘news’ indicative of perceived business ‘progress’. We highlight the growing enthusiasm of policy‐makers for a discriminatory ‘two‐tiered’ approach to public company investor relations. Accordingly, long‐term and committed investors are expected to be brought into the company's governance ‘inner circle’, while other investors are implicitly relegated to lowertier ‘outsider’ status. We argue that this supports a discriminatory approach to the allocation of voting entitlements in newly listing companies, enabling committed investors to develop cooperative and sustained governance relations with management unencumbered by ‘outside’ stock market pressures for short‐term financial‐performance outcomes.     

Watering Down the Court of Justice? The Dynamics between Network Implementation and Article 258 TFEU Litigation

With the establishment of an administrative network to manage implementation of the Water Framework Directive (WFD), a more consensual approach to judicial enforcement seemed like a natural next step. This anticipation was partially derived from the experimentalist nature of the WFD, requiring concerted action in the specification and application of its open‐ended and broad provisions. This article assesses how important changes in WFD implementation practices shape the role played by the Court of Justice with respect to Article 258 Treaty on the Functioning of the European Union. The examination of the WFD litigation reveals interesting tensions. Network‐based implementation practices keep Member States accountable for the progress of implementation and make a subsequent legal action swifter. At the same time, implementation practices remove from courts those issues that may be better solved by network participants. The results show how the function and exercise of judicial enforcement is influenced by the ways in which legislation is implemented.     

Professionals' Contribution to the Legislative Process: Between Self,Client, and the Public

How may professionals be made to contribute to legislative processes so that their expertise redounds to the public interest, despite the legislative product being likely to have a negative impact on their clients' wealth? Drawing on a case study of the legislative process that gave birth to Israel's recent (2002–2008) trusts taxation regime, based on five years of participant observation among the trust professional community, I find that to obtain the benefit of private‐sector professionals' expertise under such circumstances, government should have legislation drafted in a dispassionate, exclusive environment of experts rather than in the political arena; it should build professionals' trust in government by adopting an explicitly collegial approach; it should focus reform efforts on elements of the existing law so clearly inequitable as to make a refusal to contribute difficult to justify; and take care that the new regime creates a compliance practice lucrative enough to compensate for any loss to professionals consequent on its enactment. Once professionals' interests are suitably safeguarded, their loyalty to clients appears surprisingly brittle and government can successfully combine with them in the public interest.