A human rights-based practice framework for sexual offenders

Abstract

Human rights create a protective zone around people and allow them the opportunity to further their own valued personal projects without interference from others. In our view, the emphasis on community rights and protection may, paradoxically, reduce the effectiveness of sex offender rehabilitation by ignoring or failing to ensure that offenders’ core human interests are met. In this paper we consider how rights-based values and ideas can be integrated into therapeutic work with sex offenders in a way that safeguards the interests of offenders and the community. To this end we develop a rights-based normative framework (the Offender Practice Framework: OPF) that is orientated around the three strands of justice and accountability, offender needs and risk, and the utilization of empirically supported interventions and strength-based approaches. We examine the utility of this framework for the different phases of sex offender practice.     

The Antisaccade Task Performance Deficit and Specific CNV Abnormalities in Patients with Stereotyped Paraphilia and Schizophrenia,

Antisaccade task performance and mean amplitudes of slow cortical potentials (contingent negative variation—CNV) were investigated in 19 healthy volunteers, 16 schizophrenic patients (SP), and 12 patients with stereotyped form of paraphilia (PP). Compared with healthy subjects, schizophrenic and paraphilic patients committed significantly more erroneous saccades. The clear between‐group CNV differences were observed during the early CNV stage that is associated with cognitive aspects of preparatory set. In SP, as compared to controls, the significant decline of CNV amplitude was found at frontal‐central area. PP have demonstrated the lack of CNV over central and parietal regions, but their CNV amplitudes in frontal area did not differ from values of control group. Thus, two distinct types of CNV abnormalities have been found. The SP results have been interpreted as support for frontal dysfunction in schizophrenia. The disconnection between prefrontal cortex, sensorimotor cortex, and related subcortical structures is hypothesized in paraphilia group.     

R. (Martin) v Mahony: the History of a Classical Certiorari Authority

R. (Martin) v Mahony, a decision of the Irish High Court of 1910, continues to be acknowledged by modern textbook writers as a leading authority for the classical rule that certiorari could not correct error of law. This rule, which considerably reduced judicial superintendence of magistrates' courts, had been established by the English court of Queen's Bench in the 1840s. However, the rule was repudiated by the Exchequer Division in Ireland in the late 1880s, which developed a novel, liberal theory of certiorari. This doctrinal innovation, which was used in overturning convictions under the anti-boycotting statute, the Criminal Law and Procedure Act 1887, appalled sections of Lord Salisbury's government, was disapproved of by the English courts, and split the Irish judiciary. The division caused by the doctrine persisted until 1910 when the Irish High Court, having assembled in banc in Martin's Case in order to resolve the impasse, re-established orthodox English doctrine.     

Controlling Jury Composition in Nineteenth-Century Ireland

Difficulties in securing convictions in nineteenth-century Ireland led the authorities to resort to various methods of ensuring that petty juries delivered guilty verdicts in cases where this was clearly warranted by the evidence. This article examines some of the ‘stratagems’ put forward by David Johnson and suggests a number of other practices which were used, arguing that many of these mechanisms centred around controlling the composition of trial juries. Examples included altering the property qualifications for jurors, the system of asking jurors to ‘stand by’, and the use of fines to compel attendance. While some of these were the legitimate exercise of established procedures, it will be seen that the Crown on occasion abused or over-used its powers.     

Caught between Europe and the orient: Israel and the EMP

As the case of Transnistria illustrates, the politico-economic arrangements of de facto states are marked by a tendency to sacrifice the economy to political objectives. Despite non-recognition and limited local resources, these entities manage to make use of their ambiguous status and external support to sustain their claims to statehood. Yet, the priority of these claims over economic development, as well as strategies of survival in general can have unintended effects on unrecognised state-building projects, such as the emergence of a spin-off opposition or public disillusionment.     

The EU as a Global Actor? EU Policy Towards Iran

Abstract

This paper explores EU policy towards Iran to challenge the common implicit or explicit notion that the EU's ‘actorness’ in the international system rests primarily, or solely, on its Pillar I external relations. Utilising criteria developed to examine the ‘actorness’ of the EU, the article explores this policy area to demonstrate that the EU's ‘actorness’ resulted not only from the ‘Community’ aspects of foreign policy, but also from its Common Foreign and Security Policy (CFSP).     

European Union Armaments Policy: Options for Small States?

Abstract

This article addresses the question of small states and their future role in any EU armaments policy. It argues that their traditional tactics of demanding equality of membership in armaments organisations, using protectionist tactics to preserve the indigenous defence industry and using their home markets as a method of gaining advantages for their firms, are increasingly failing at the EU level. A combination of their own choices on defence spending, the agreement to allow permanent structured cooperation within the European Defence Agency and the Commission's efforts to liberalise the defence procurement market seem likely to force most small states into the backseat of EU armaments policy-making.     

Public health in Burma: Anatomy of a crisis

Burma has been ruled by a military government since 1962. A steady deterioration in public health standards has accompanied such rule, with a particularly marked decline following the crushing of the pro-democracy movement in that country in 1988. This article draws attention to a number of aspects of this decline and the growing precariousness of the overall public health system. As it will be suggested, primary responsibility for this state of decay should be borne by the military regime. Through several policies and practices, the military has severely compromised the functioning of the public health system and perverted it in ways that fulfill its narrow political interests, rather than those of the nation as a whole. The article concludes by emphasizing the urgent need for a reinstatement of democratic norms and institutions in Burma, so that the nation's public health needs may be meaningfully addressed and a looming humanitarian disaster averted.