The Symbiosis of Property and English Environmental Law – Property Rights in a Public Law Context

This article argues that environmental regimes entailing considerable administrative discretion are now serving to contextualise and partly to constitute property rights in English law. In particular, rights to use land are ‘democratised’ to varying degrees through the administration of environmental regulation, and are adapted to land‐use problems on an evolving basis. In return, property rights affect environmental regulation, through legal protections for property interests, although the nature of the discretion exercised within environmental regimes seems to determine the kind and extent of this symbiotic influence. As a result, environmental law challenges property scholars to reflect on the impact of administrative decision‐making on property rights, conceptually, doctrinally and in terms of its legitimacy. At the same time, environmental lawyers need to take seriously the nature and legal treatment of property rights in the application and analysis of modern environmental law.     

How do offenders move through the stages of change?

This study sought to investigate the way in which offenders moved through the stages of change. The University of Rhode Island Change Assessment Scale (URICA) was administered to a group of general offenders (N = 371) who participated in the Short Motivational Programme (SMP), a brief motivational interviewing programme administered to medium-risk offenders in New Zealand. The offenders' URICA responses were subjected to a cross-lagged panel analysis using structural equation modelling. Four models specifying different prospective associations between stage engagements were examined. It was hypothesised that there would be support for sequential transitions through the stages as proposed by the Stages of Change model. However, the analysis rendered support for and against sequential transitions, in that offenders regressed to earlier stages or skipped a stage post-SMP. Offenders who skipped to an adjacent stage after the SMP may have actually passed through an intermediary stage during the intervention, and those who regressed to an earlier stage post-SMP may have gained a more realistic awareness of their problem behaviour. This finding also raises questions about the practical utility of the model with offenders and highlights the need for more rigorous studies investigating the way offenders move through the stages of change.     

‘You're Just Treating Us as Informants!’ Roles,Responsibilities and Relationships in the Production of Children's Services Directories

Local authorities in England are required to make directories of services available to practitioners working with children and young people. This is against a background of continuing reforms intended to ensure that services are joined-up around the needs and choices of children, young people and their families. There are high expectations that more of these services will be delivered by organisations from theVoluntary and Community Sector (VCS), especially services for groups or communities that public sector agencies find hard to engage. This article reports and comments upon a regional study focusing on the production of children's service directories involving service providers and commissioners, as well as the producers of directories, in a series of facilitated workshop activities. The study highlights tensions between local authorities and service providers around how information about services is controlled, edited and accessed. We argue that current approaches to the provision ofdirectories are unlikely to have the transformational effects predicted by policy makers. This is partly because local authorities' traditional position (supported by the prevailing technologies) has meant that they have tended to monopolise the roles and responsibilities which in turn maintains their control of directory content. They do so in the face of increasing dissent from new and established providers. Moreover, current models of service directories fail to meet the emerging information needs of a range ofstakeholders including service providers, service commissioners and service users. Inconclusion we propose some questions to improve visibility and governance in the creation and maintenance of service directories.     

Schizophrenia: Causes,crime, and implications for criminology and criminal justice

This paper is aimed at criminologists and criminal justicians seeking to understand their role in educating law enforcement and correctional personnel who must deal with the mentally ill. It is motivated by William Johnson's (2011) recent call for rethinking the interface between mental illness, criminal justice, and academia, and his call for advocacy. We concur with his concerns, and insist that this rethinking must necessarily include grounding in the etiology of mental illness (specifically, with schizophrenia) as it is currently understood by researchers in the area. Advocacy must go hand in hand with a thorough knowledge of the condition of the people for whom we are advocating. We first examine major etiological models of schizophrenia, emphasizing the neurodevelopmental model that incorporates genetics, neurological functioning, and immunological factors guided by the assumption that the typical criminologist/criminal justician has minimal acquaintance with such material. We then address the link between schizophrenia and criminal behavior, and conclude with a discussion of the implications for criminology and criminal justice.     

Autosomal microsatellite allele frequencies for a nationwide dataset from the Australian Caucasian sub-population

DNA profiling results presented in court must be accompanied by a statistical estimate of its evidential weight. In calculating such statistics, allele frequencies from the tested loci are required. This paper reports allele frequencies and the results of population genetic testing of datasets of autosomal microsatellite profiles from Australian Caucasian donors. In contrast to previous practice in Australia these data have been collated at the national level rather than at the State and Territory level. We consider that this national dataset could be used in forensic DNA casework throughout Australia as previously recommended by Ayres et al. [K.L. Ayres, J. Chaseling, D.J. Balding, Implications for DNA identification arising from an analysis of Australian forensic databases, Forensic Sci. Int. 129 (2002) 90-98].