Criminal Jury Trials in 2030: A Law Odyssey

‘Strategic foresight’ is a technique used by institutions to prepare for a technology‐charged future. It involves considering how the institution might look in the future. In doing so, it enables the institution to prepare for and achieve the preferred future. This article explores what the process of strategic foresight has to offer common law criminal justice systems, with a particular emphasis on the role of expert evidence in criminal jury trials. A hypothetical vision for the future set in 2030, which foresees the adoption of technological advances in the courtroom, is compared and contrasted with processes from a 2012 murder trial. We examine how a well‐designed digital courtroom could enhance the delivery of expert evidence. Considering ‘alternative future law scenarios’ can illuminate what a legal system is likely to need in times to come and can identify the necessary steps for beneficial adaptation via research, policies, and training.     

What constitutes a “reasonable belief” in consent to sex? A thematic analysis

Abstract

The prosecution of rape frequently requires a jury to decide whether the defendant reasonably believed that the complainant consented to sexual intercourse, thereby assuming a shared understanding of what constitutes a “reasonable belief in consent”. This study provides a thematic analysis of interviews with 18 university students, studying in London, UK, to explore their perceptions of “a reasonable belief in consent” when considering other people's behaviour. The findings suggest that whilst these participants rejected many stereotypical ideas in judging reasonable belief in consent, the discussion regarding vulnerability, responsibility and the consumption of alcohol was less clear-cut. Discussions frequently sought to avoid directly blaming the victim for being raped, but would instead blame her for getting drunk or otherwise “allowing” herself to become vulnerable. The implications of these findings for the prosecution of rape and wider public education are considered.     

Procedural justice and police legitimacy: a systematic review of the research evidence

Objectives

We undertook a systematic review and meta-analysis to synthesize the published and unpublished empirical evidence on the impact of police-led interventions that use procedurally just dialogue focused on improving citizen perceptions of police legitimacy.

Methods

The systematic search included any public police intervention where there was a statement that the intervention involved police dialogue with citizens that either was aimed explicitly at improving police legitimacy, or used at least one core ingredient of procedural justice dialogue: police encouraging citizen participation, remaining neutral in their decision making, conveying trustworthy motives, or demonstrating dignity and respect throughout interactions. The studies included in our meta-analyses also had to include at least one direct outcome that measured legitimacy or procedural justice, or one outcome that is common in the legitimacy extant literature: citizen compliance, cooperation, confidence or satisfaction with police. We conducted separate meta-analyses, using random effects models, for each outcome.

Results

For every single one of our outcome measures, the effect of legitimacy policing was in a positive direction, and, for all but the legitimacy outcome, statistically significant. Notwithstanding the variability in the mode in which legitimacy policing is delivered (i.e., the study intervention) and the complexities around measurement of legitimacy outcomes, our review shows that the dialogue component of front-line police-led interventions is an important vehicle for promoting citizen satisfaction, confidence, compliance and cooperation with the police, and for enhancing perceptions of procedural justice.

Conclusions

In practical terms, our research shows the benefits of police using dialogue that adopts at least one of the principles of procedural justice as a component part of any type of police intervention, whether as part of routine police activity or as part of a defined police crime control program. Our review provides evidence that legitimacy policing is an important precursor for improving the capacity of policing to prevent and control crime.     

Divide and Pacify

This paper explores the process of Europeanisation of party politics by examining the regulation of political parties by supranational European organisations. Despite the increased relevance of the regulation of the activity, behaviour, organisation and finances of political parties in European democracies, the supranational dimensions of this phenomenon have hitherto received relatively little systematic scholarly attention. This paper adopts an interdisciplinary perspective, combining approaches from the Europeanisation literature with legal theory and party scholarship. For the purpose of this paper, the rulings and regulations of the European Union, the various organs of the Council of Europe, and the European Court of Human Rights are analysed. The paper highlights the horizontal and vertical patterns of norm creation and diffusion and demonstrates that, despite a certain convergence of European standards, conceptions of democracy and corresponding regulatory paradigms have not become so similar as to be virtually indistinguishable from one another.     

The Missing Link: Explaining the Political Mobilisation of Islam in Indonesia

Abstract

Why has an increase in personal piety among Indonesia's Muslims not translated into electoral gains for Islamic political parties? To help explain this conundrum, this article focuses on the role of Indonesia's mass Islamic social organisations, Nahdlatul Ulama (NU) and Muhammadiyah. Using a political economy lens, it argues that control over state resources and the provision of social welfare facilities have helped political parties maintain power over the years and that NU and Muhammadiyah have at times played important mediating roles in this process. Extending this analysis into Indonesia's contemporary politics, it then proposes that since 2004 in particular, the health and education facilities provided by NU and Muhammadiyah are becoming less important to ordinary people in relation to the services provided by the state. It concludes that this trend has weakened the ability of these organisations to channel public support to political parties/candidates and is one reason why Islamic parties have not been able to capitalise on increased religiosity in the social sphere.     

Gender differences in the incidence of rural to urban migration: Evidence from Kenya

This article examines gender differences in the incidence of rural to urban migration in developing countries, particularly those of Sub‐Saharan Africa. The study distinguishes itself from current migration literature by suggesting that the gain in returns to observable attributes, as a result of migration, may differ by gender and could provide an explanation for gender differences in migration. Using data from Kenya, we estimate the urban‐to‐rural wage gap, separately for each gender, and decompose the gap into the components due to urban to rural differences in observable attributes and differences in returns to observable attributes. We find that the portion of the wage gap that is due to the gain in returns to observable attributes is larger for males, suggesting that males receive larger monetary returns as a result of migration and, consequently, have greater incentive to migrate to urban areas.     

Qiagen's Investigator™ Quantiplex Kit as a Predictor of STR Amplification Success from Low‐Yield DNA Samples,

Qiagen's Investigator? Quantiplex kit, a total human DNA quantitation kit, has a 200‐base pair internal control, fast cycling time, and scorpion molecules containing a covalently linked primer, probe, fluorophore, and quencher. The Investigator? Quantiplex kit was evaluated to investigate a value under which complete short tandem repeat (STR) failure was consistently obtained. Buccal swabs were extracted using the Qiagen QIAamp^® DNA Blood Mini Kit, quantified with the Investigator? Quantiplex kit using a tested half‐volume reaction, amplified with the ABI AmpFlSTR^® Identifiler kit, separated on the 3100Avant Genetic Analyzer, and data analyzed with GeneMapper^® ID v.3.2. While undetected samples were unlikely to produce sufficient data for statistical calculations or CODIS upload (2.00 alleles and 0.82 complete loci on average), data may be useful for exclusionary purposes. Thus, the Investigator? Quantiplex kit may be useful for predicting STR success. These findings are comparable with previously reported data from the Quantifiler? Human kit.     

Managing and Sustaining Your Juvenile Drug Court

Since the introduction and subsequent growth of the juvenile drug court movement in the mid‐1990s, practitioners have struggled to fully implement the Juvenile Drug Courts: Strategies in Practice. This struggle may lead to weaker outcomes for youth and a dysfunctional team atmosphere. Originally written as a two‐part technical assistance brief, this article will guide readers through the Juvenile Drug Court Development Cycle in order to help re‐direct practitioners to a more “back‐to‐basics” approach that focuses on collaboration, team dynamics, and decision making.     

The Challenge of Universal Norms: Securing Effective Defence Rights Across Different Jurisdictions and Legal Cultures

This article considers the contribution of comparative empirical research in shaping best practice norms for custodial legal advice, and helping to address challenges in their implementation. It traces the role of ECtHR decisions and EU Directives in developing transnational norms to strengthen suspects’ right to legal assistance. Recognizing how these norms are translated into the national context, it considers the value of comparative empirical and socio‐legal research in helping to develop legislative and training measures; how roles and responsibilities are shared out in different legal systems and traditions; and practical arrangements that facilitate or inhibit the effectiveness of custodial legal advice in practice. There is a tension between framing transnational norms that are sufficiently universal to attract support, without being so broad as to lack any transformational force, and sufficiently detailed to ensure respect for core protections without imposing legal requirements too rigid and difficult to be absorbed into diverse processes of criminal justice.