‘Mr Peel’s Amendments’ in New South Wales: Imperial Criminal Reform in a Distant Penal Colony

This article investigates the difficult interface between metropolitan legal reform and empire in the late 1820s. In 1828, the Supreme Court of New South Wales sentenced dozens of men to death under legislation that had been repealed in Britain. It then insisted that every one of them be set free. This mess raised a fundamental question agitated in different ways around the empire in that decade: to what degree should colonial subjects enjoy the benefits of modernized metropolitan criminal law? Even as successive local and metropolitan Acts imposed new constraints on the civil rights of convicts in New South Wales, the Supreme Court insisted that even the most notorious recidivists in the colony should be protected against the Bloody Code from the moment it was reformed at home. In doing so, the court ignored the terms of section 1 of the Criminal Statutes Repeal Act passed at the request of a former East India Company officer to preserve the operation of the Code in India. Thus the peculiar reception controversy in New South Wales shows not only how disruptive metropolitan reform could be for colonies, it performed a growing racial gap in the imagination of legal subjecthood in different corners of empire.     

Measuring Client Satisfaction and Engagement: The Role of a Mentor Parent Program in Family Drug Treatment Court

Parent engagement is an important intermediate outcome in Family Drug Treatment Court (FDTC) and child welfare services. This study explored the utility and reliability of a client satisfaction and engagement survey designed to measure interim outcomes of a Mentor Parent Program, operating in conjunction with a FDTC. Findings suggest the survey is a useful, parsimonious and reliable tool for measuring key dimensions of parent mentor services including client engagement; client‐centered support and empowerment; and help with systems navigation and accessing resources. The survey may be adapted for use in other FDTC or parent mentor contexts.     

Who Files Suit? Legal Mobilization and Torture Violations in Europe

The European Court of Human Rights (ECHR) is the most active international court. After decades with few allegations of human rights abuses, the ECHR docket expanded in the 1990s. Paradoxically, long‐standing democracies can have standardized violation rates of the prohibition against torture that compare to transitional democracies that struggle to protect rights. Yet it is implausible that human rights abuses increased or that established democracies engage in more torture than new democracies. Instead variations in legal mobilization generate the surge and puzzling distribution of European judgments. I argue that discrepancies between the incidence of torture and litigation reflect variations in support structures, where declared violations can reflect the level of support that individuals receive in pursuing claims rather than the incidence of torture. This dynamic is most pronounced for foreign nationals, who typically possess fewer resources than citizens to access legal institutions and encounter popular and official hostility. As a result, much European litigation concerning torture in long‐standing democracies is transnational in character.     

A Statewide Study of the Public's Knowledge of Child Abuse Reporting Laws

This study conducted telephone interviews with a random sample of adults (N = 509) in a state with a universal child abuse reporting law. A substantial proportion of the interviewees (39%) were not aware of this law. Findings indicated that the public's understanding was mixed. Most respondents knew that reports could be made anonymously and that their identity could be kept private. However, most believed that children are automatically removed from the home if there is maltreatment and more than 50% were not aware they could be charged with a misdemeanor for failing to report a suspicion of child abuse. The respondents who had ever made a report (19%), had a greater knowledge of the laws than those who had not made a report. Older adults and those with less education had the least accurate perception of child abuse reporting policies. When asked about barriers to reporting, respondents cited worries that reporting would not help the child. Findings suggest that efforts to increase the public's comfort with reporting may require strategies to increase their confidence that the benefits will outweigh the risks for the child.     

Privacy,anonymity and liability: Will anonymous communicators have the last laugh?

In this paper, the author sets out the way in which the UK approach to privacy protection is able to extend its reach to anonymous postings. Whilst anonymity might sometimes be seen as one of the essential characteristics of communicating on-line, it does not provide an impenetrable veil of protection in respect of a privacy violation claim. Instead, there are avenues available to identify anonymous communicators, which have implications both for internet freedom and jurisdiction in cyberspace. In the UK, our common law has not denied bloggers, or other on-line contributors, anonymity per se. However, it will be argued that recent UK judgments represent a warning to anonymous communicators that they can be held liable for what they post on-line and that naivety is no defence at law. Whilst on-line platforms allow people to effectively become journalists; to become publishers, as familiar users, they should become more aware of the consequences of their on-line postings and appreciate that they will not be able to escape from the application of third party disclosure orders. However, as these are not without their problems, it is possible that anonymous communicators may have the last laugh.     

Youth Violence and Hegemonic Masculinity among Pacific Islander and Asian American Adolescents

As scholars and community stakeholders continue to understand hegemonic masculinity and its influences on youth violence, it is important that marginalized ethnic groups are not excluded from the discourse. This qualitative exploratory study investigates the ways that hegemonic masculinity impacts adolescent boys and girls from Pacific Islander and Asian American backgrounds. Research findings reveal how peers, family members, and romantic partners impact youths’ propensity to engage in youth violence. Findings further divulge the similar and different ways that boys and girls from these ethnic backgrounds conceptualize youth violence, with males frequently using violence to enhance their social status and females relying on violence for protection and/or to bolster their relationship with boyfriends. The study calls for improved structural relationships between schools and marginalized ethnic communities, specifically calling for enhanced programs that address healthy dating practices, homophobia, and violence associated with the body.