Pricing Outputs: A Case Study in Law Enforcement

This paper discusses the advantages and limitations of economic evaluation as a measurement methodology within the Australian government's outcome and output framework including preliminary benefit–cost analysis of Australian Federal Police investigations. The results suggest that the Australian Federal Police is returning over $5 to the community for every dollar invested in fraud and drug investigations. It is concluded that benefit–cost analysis is a useful tool for comparing the price of an output to the value of an outcome. The method has limitations. Not all outcomes will admit of easy assessment and the information may be difficult to collect. However, the use of surrogate measures and extrapolation of results may overcome most of these limitations.     

Arresting Statistics: The Drift to Informal Justice in England and Wales

This paper re-examines some of the current theoretical models and paradigms of criminal justice in England and Wales based on an analysis of national arrest statistics between 1981 and 1997. The data show that there has been a large increase in the number of arrests in the period but the number of people prosecuted has declined. An increasing number of people are being arrested and released without any further action. The principal argument is that there has been a radical shift in power away from the formal open and public system of justice towards a more informal closed system. The paper concludes that while these trends lend support to a number of theoretical perspectives on the criminal justice process, particularly Choongh's social disciplinary model, the radical transformation which has taken place in the form of criminal justice can only be understood within the broader politics and economic structures of modern Britain.     

Posttraumatic Stress Disorder: Current Concepts and Controversies

The diagnosis of posttraumatic stress disorder (PTSD) sometimes is raised in compensation claims, in tort settings, and in other medical–legal settings. Accordingly, health-care and legal professionals working in these areas need to be familiar with the current findings and controversies concerning the disorder. The purpose of this article is twofold. First, we review the most important findings concerning the clinical features, etiology, and treatment of PTSD. Second, we examine six major controversies concerning the disorder that are relevant to psychologists and other medical–legal practitioners: (a) the issue of what qualifies as a traumatic stressor, (b) the question of whether traumatic stress causes brain damage, (c) the validity of the concept of delayed-onset PTSD, (d) the recovered memory controversy, (e) the question of whether PTSD can arise when the person has no memory of the trauma (e.g., due to concussion), and (f) issues concerning PTSD malingering. Throughout this article we offer recommendations for psychological and other medical–legal practice in relation to the evaluation of PTSD claims.     

The legacy of Bismarck

Many mechanisms (such as auctions) efficiently allocate an asset to the firm which values it most highly. But sometimes the asset’s owner may benefit from the transfer only if the asset is not too valuable to potential buyers. In this setting, we examine the efficiency of mechanisms when the potential buyers have private information about the asset’s value. We show that rent seeking, and lobbying, rather than merely wasting resources, can lead to allocations which are close to efficient.     

Policing terrorism in India

Policing terrorism in India is fraught with difficulty. India is a large, heterogeneous democracy that is surrounded by countries experiencing their own intense problems with terrorism. The legal structure, inherited from the colonial past, is struggling to cope with the demands placed upon it by a country of 1.1 billion. India is a federation and this also complicates the structures needed for counter-terrorism. Despite the democratic framework, policing in India is largely an inheritance from the non-democratic colonial past—a past that paid scant regard to the doctrine of separation of powers. Given these problems, India’s performance in policing terrorism has been mixed. We should not look for any early resolution of the problem of terrorism, either through preventive investigation or political amelioration of the issues that contribute to terrorism. But for all of that, India has done well to adhere to its basic democratic norms in the face of what is, by Western standards, a major terrorism problem.     

Justice, at last, in the archetypical patent entitlement dispute

The Court of Appeal has held that Cinpres was not estopped fromsucceeding in its entitlement claim, despite having failed inan earlier claim concerning the related application, and isthe rightful owner of a disputed European patent.