Replacing Provocation in England and Wales: Examining the Partial Defence of Loss of Control

In October 2010, provocation was abolished as a partial defence to murder in England and Wales. Through the introduction of the Coroners and Justice Act 2009, a new partial defence of loss of control was implemented. This sought to overcome problems associated with the provocaton defence and the gendered operation of the law of homicide, particularly in relation to male‐perpetrated intimate homicides, and the inadequate response of the law to the contexts in which battered women kill. This article first provides an account of these developments, and then examines legal stakeholders' perceptions of them. Drawing from in‐depth interviews with criminal justice professionals, it considers their perceptions of the operation of the law of homicide during a period of transition, specifically considering the formulation of the new partial defence, the initial effects of its implementation, and the significant differences between the Law Commission's recommendations and the reforms implemented by the government.     

Anatomy of a massacre: the roots of heightened labour militancy in South Africa’s platinum belt

Abstract

On 16 August 2012, a protracted strike at a platinum mine in Marikana, South Africa, culminated in the killing of 34 mineworkers by local security forces. Some viewed this tragedy through the lens of South Africa’s apartheid past, recalling such events as the Sharpeville massacre of 1960. Others saw this episode as the latest cycle of angry protest and violent repression stemming from heightened inequality and poverty under global capitalism. This paper explores a set of institutional factors that occupy the middle ground between these two narratives about the massacre at Marikana. At the national level, despite progressive labour regulations and a long-standing alliance between the leading trade union (COSATU) and the ruling African National Congress, institutional channels for social dialogue and collective bargaining were less effective than expected given COSATU's inability to criticize policies focused on business-led growth at the expense of the social protection of workers. At the sectoral level, gigantic platinum companies faced with falling commodity prices sought to limit losses by planning retrenchments and limiting wage increases, triggering repeated and sometimes violent wildcat strikes, especially when workers’ grievances were set aside by local representatives of the COSATU-affiliated National Union of Mineworkers. The argument may be seen as a labour-focused variant of Huntington’s ‘gap hypothesis’: workers’ militancy has grown as existing institutional frameworks for ensuring labour peace have failed to effectively channel the frustrations of workers most in need of social protection.     

The unintended consequences of campaigns designed to challenge stigmatising representations of mental illness in the media

The media is widely recognised as contributing to stigma associated with mental illness by portraying it in connection with violence and/or undesirable traits. In response, campaigns directed at policing language use, imagery and story content in the media have been implemented. But these interventions can themselves perpetuate stereotypes and assumptions that ultimately run counter to the original intent of challenging stigma. By way of illustration this paper analyses an Australian campaign that I argue invites people to see stigma in innocuous uses of ordinary language and imagery, effectively associating mental illness with that which it seeks to challenge. The grounds for its criticism and praise of stories about mental illness are also often tenuous and based on a limited approach to determining the impact of story content. The pitfalls of this type of campaign can be avoided by taking heed of the shifts in thinking advocated by postpsychiatry and the deconstructionist strategies employed by activists in the mental health field.     

Gender Differences in the Longitudinal Impact of Exposure to Violence on Mental Health in Urban Youth

There is evidence of gender differences in psychopathology during adolescence, but little research has investigated gender differences in trauma-related symptoms. Exposure to violence is a commonly experienced potentially traumatic event among urban adolescents, and the few studies examining gender differences in its mental health impact have produced inconsistent findings. The present study examines the moderating effects of gender on the longitudinal association between exposure to violence and a variety of mental health symptoms (externalizing, internalizing, PTSD, dissociation) in a racially diverse urban adolescent sample (N = 615; 50.6% female; Time 1 mean age = 14.15; Time 2 mean age = 16.70). For both genders, exposure to violence prospectively predicted increases in all types of symptoms. Although boys reported more exposure to violence on average, girls experiencing violence were more likely to experience dissociative (but not PTSD, internalizing, or externalizing) symptoms. The results suggest that adolescent girls exposed to potentially traumatic events may be especially vulnerable to experiencing certain trauma-related symptoms and imply gender-specific pathways to trauma-related psychopathology.     

The Legal Profession as Gatekeeper to the Judiciary: Design Faults in Measures to Enhance Diversity

The gate‐keeping role played by the legal profession in the judicial appointments process gives rise to the translation of entrenched group‐based identity hierarchies from legal practice into the judiciary. The relationship between the composition of the legal profession and the judiciary has been almost completely unaffected by recent reforms designed to increase diversity in the composition of the judiciary. This article identifies legal and institutional defects which help to explain the failure to disrupt the reproduction of these patterns of appointment. We identify two particular defects which we call ‘soft target radicalism’ and ‘regulatory bind’ as important factors inhibiting change. We conclude that if the legal profession is to retain its gate‐keeping role, equality law which directly regulates legal practice should be strengthened and the regulatory binds in which the Judicial Appointments Commission and other public entities are caught should be loosened.     

Expedited, chemically enhanced sperm cell recovery from cotton swabs for rape kit analysis

This report focuses on the development of a method for chemically induced enhancement of cell elution and recovery from cotton swabs. The method exploits the exclusive use of detergents for intact cell removal, and can be utilized in conjunction with, or to circumvent, conventional differential extraction (DE). Samples treated with Sarkosyl (54.4 +/- 1.8%) and sodium dodecyl sulfate (SDS) (78.5 +/- 0.7%) yielded higher sperm cell recoveries than a conventional DE buffer (39.4 +/- 2.1%). The results indicated that the choice of detergent affected sperm cell yield, with anionic detergents having the greatest effect. Storage time of samples affected the concentration of detergent required for optimal sperm cell recovery, longer times requiring increased detergent concentrations. In addition, the extent of sperm cell lysis by proteinase K digestion was evaluated. The results indicate that the exclusive use of SDS enhances the release of sperm and epithelial cells from a cotton swab as compared with DE buffer, providing for a more effective DNA analysis.