Abetting a Crime

I focus on the set of problems that arise in identifying both the actus reus and (to an even greater extent) the mens rea needed by an abettor before she should be criminally liable for complicity in a crime. No consensus on these issues has emerged in positive law; commentators are enormously dissatisfied with the decisions courts have reached; and critics disagree radically about what reforms should be implemented to rectify this state of affairs. I explicitly deny that I will be able to solve these problems, although I hope at least to identify a central source of the confusion. In my view, the problem results largely from conceptualizing the liability of abettors as derivative. This diagnosis helps us to understand why the problem is likely to remain insoluble in positive law. If the test of an adequate theory consists primarily in its ability to produce results that conform to our moral intuitions about how particular cases should be resolved, no approach that can be implemented in the real world will prove wholly satisfactory. I advance a hypothesis about why failure is inevitable and what should be done in light of this predicament. Legal realities compel us to adopt a position that is suboptimal from a moral point of view.     

Barking Mosque and Quintessential Insight: Overcoming the Problematic Government/Community Counterterrorism Partnership in the UK

This article looks specifically at the front end of the radicalization problem and argues that vulnerability to political violence is first and foremost a social problem. The article explores the historical counterradicalization approach in Britain and the government/community relationship, and argues that addressing the disaffection that comes with social vulnerability is the key to building resilience to radicalization. Last, the article profiles a holistic counterradicalization response undertaken by Quintessential Insight and the Barking Mosque whereby social vulnerability is reduced, individuals and communities are empowered, social and political agency is maximized, social contracts are restored, and resilience to radicalization is increased.     

An Argumentation Interface for Expert Opinion Evidence

Tribunals have come to depend increasingly on expertise for determining the facts in cases. However, current legal methods have proved problematic to work with. This paper argues that, as a special model of public understanding of science, assessing expertise should consider source credibility of expertise from internal aspects, including scientific validity and reliability, and external aspects involving the credibility of experts. Using the Carneades Argumentation System we show that the internal and the external aspects are mediated by the structure of the argument from expert opinion with its matching set of critical questions.     

Skeletal indicators of pregnancy and parturition: a historical review

Over a century of scientific literature has documented the research and analysis relating to the possible skeletal evidence of pregnancy, parturition, and childcare, yet today, there still exists variation in methodology and interpretation. Historical perspective facilitates understanding of the growth and development of the theories and research currently available to the forensic science community. Review of the relevant literature clearly indicates that specific skeletal alterations are not exclusively connected to obstetrical events. Although parturition and related events have been shown to leave various alterations on bone, the research record also demonstrates that other factors can contribute to the same or similar changes. Additionally, such alterations can often be found in nulliparous women and men and are frequently absent in parous and multiparous women. This literature review calls for the continued exploration of skeletal alterations for determining parity status in human skeletal remains.     

Epidemiological characteristics of male sexual assault in a criminological database

Sexual assault among males, compared with females, is understudied, and may also be significantly underreported. Past studies have relied primarily on population-based survey data to estimate the prevalence of sexual assault and associated health outcomes. However, survey-based studies rely primarily on self-reports of victimization and may not accurately estimate the true prevalence of male sexual assault victimization. In order to obtain a detailed assessment of sexual assault among males, criminological databases like the National Incident Based Reporting System (NIBRS) may provide an important and unique source of information. The objective of the current study was to use data from the 2001-2005 NIBRS to construct an epidemiological profile of sexual assault among males. Our results suggest that the incidence of sexual assault was higher among young males (less than 19 years of age), with approximately 90% of all cases being reported among members of this age group. Among males of all ages, forcible fondling and sodomy were the most prevalent forms of sexual assault. Results from additional analyses include age- and race-specific rates of male sexual assault, the prevalence and severity of injury, and time trends detailing incidence by time of the day and location of the incident. Our analyses show that sexual assault is experienced by males of all age groups. However, the rate of sexual assault is higher among younger males. Despite some limitations, results from this study suggest that NIBRS data may provide a important complement to survey data for understanding breadth and consequences of male sexual assault.     

Adolescent Children of Adolescent Mothers: The Impact of Family Functioning on Trajectories of Development

This study drew on four cycles of longitudinal data from the Canadian National Longitudinal Survey of Children and Youth to examine the academic and behavioural trajectories of youth between 10 and 15 years of age as a function of maternal age at childbearing. The analyses controlled for several family characteristics and examined the mediating effects of three family functioning variables (maternal depression, and nurturing and rejecting parenting behaviours). Maternal age was related to academic competency in math (standardized Math scores), externalizing disorders (Property Offences, Hyperactivity-Inattention), and internalizing disorders (Anxiety-Emotional Disorder). After accounting for family characteristics, the children of the young and older teen mothers retained their disadvantage in Math scores and Property Offences, respectively, whereas the children of older mothers lost the advantages that they had exhibited at age 10 (for Property Offences, the benefits were mediated through family functioning). These results have implications for future research and for the development of policy and programming targeting the healthy development of youth.

Pragmatic Maxims and Presumptions in Legal Interpretation

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation.