Causes of Action: First Findings of the LSRC Periodic Survey

In this paper we report some of the first findings of the LSRC periodic survey of justiciable problems. We confirm the prevalence of justiciable problems amongst the general population. We identify important differences in the experiences of discrete socio–demographic populations, not only in terms of the number of problems faced, but also in terms of the perception of problems and reactions to them. We show that cost is not the principal barrier to taking action or obtaining advice across most problem categories. Other concerns, such as fear or uncertainty as to what can be done are generally more prevalent. We illustrate the range of strategies employed by those who take action, and confirm the rarity of court action. Finally we show that the basic form of Felstiner, Abel, and Sarat's aetiology of lawsuits is recognizable within our findings, although we explain that the manner and form of progression through the various stages is complex and irregular.     

Kosovo Revisited: Humanitarian Intervention on the Fault Lines of International Law

The asserted doctrine of unilateral humanitarian interventionhas given rise to considerable debate in international law.This article revisits the use of force in Kosovo to criticallyappraise this debate. The arguments for and against the doctrineare schematically compared and contrasted. Their differencesare methodological, but underlying factors are relevant. Thesemay include a conflict of values (notably, sovereignty versushuman rights), but certainly involve deep disciplinary problemsevidenced by confusing international legal terminology and,especially, the contradictions inherent in identifying and changingrules of general/customary international law. Three factorsare considered as potentially helpful in bridging these faultlines: state practice (unavoidably), the stability of the internationalsystem and accountability. The latter two, at least, sit uncomfortablywith unilateralism.     

Training,experience, and magistrates' sentencing philosophies

The lay magistracy is unique to the English legal system, and this study investigates how those appointed as magistrates change in their sentencing policy and attitudes toward defendants as a result of the experience gained during the first year on the bench and as a result of the mandatory training program. An experimental design was used to evaluate the effects of training in which a group of newly appointed magistrates was randomly assigned to defer their training for one year and compared to those who completed their training during the first year in the usual way. In addition, the use of a group of nonmagistrates as controls enabled a quasiexperimental evaluation of the effects of experience on the bench. Magistrates and controls completed a questionnaire in which they sentenced a number of cases at the time of the magistrates' appointment to the bench and again one year later. The results showed that magistrates as a result of their experience became more committed to the aims of deterrence and punishment, became more pessimistic about the prospects of reforming defendants, regarded the severe sentences as more appropriate, and took a less sympathetic view of defendants. The training program, however, tended to ameliorate these effects. Possible explanations for these findings and the implications for the training of magistrates are discussed.This study was supported by a grant from the Nuffield Foundation     

Advantage of ForensiX Swabs in Retrieving and Preserving Biological Fluids

This study compares two novel swabs (forensiX) with a standard cotton swab (EUROTUBE) for the collection of saliva stains on glass slide for STR analysis. ForensiX collection tubes are a standard cotton swab in an “active drying” tube, where swab sample is soon dried by its innovative tube surface of the wall. The other is forensiX Nylon Flocked Swab. The study is two phases: The first “phase” assesses swab types regarding to retrieve ability of saliva. The second “phase” compares the drying ability of each swab to assess how crime samples would fare when left in storage. The main result showed that “active drying” is effective to store swabbed sample. The forensiX swabs generally are effective for higher (twofold to fourfold) DNA yield compared to delta lab swab (around 750 pg and 250 pg from 0.5 μL of saliva), respectively. These findings demonstrate the importance of drying performance in the preservation of DNA and swab selection.     

Preparation of a Ytterbium‐tagged Gunshot Residue Standard for Quality Control in the Forensic Analysis of GSR

Preparation of a ytterbium‐tagged gunshot residue (GSR) reference standard for scanning electron microscopy and energy dispersive X‐ray spectroscopic (SEM‐EDS) microanalysis is reported. Two different chemical markers, ytterbium and neodymium, were evaluated by spiking the primers of 38 Special ammunition cartridges (no propellant, no projectile) and discharging them onto 12.7 mm diameter aluminum SEM pin stubs. Following SEM‐EDS microanalysis, the majority of tri‐component particles containing lead, barium, and antimony (PbBaSb) were successfully tagged with the chemical marker. Results demonstrate a primer spiked with 0.75% weight percent of ytterbium nitrate affords PbBaSb particles characteristic of GSR with a ytterbium inclusion efficiency of between 77% and 100%. Reproducibility of the method was verified, and durability of the ytterbium‐tagged tri‐component particles under repeated SEM‐EDS analysis was also tested. The ytterbium‐tagged PbBaSb particles impart synthetic traceability to a GSR reference standard and are suitable for analysis alongside case work samples, as a positive control for quality assurance purposes.     

Interpreting the Threshold Criteria under section 31(2) of the Children Act 1989 – the House of Lords decision in Re B1

The casenote considers the decision in Re B which confirms the threshold criteria in establishing the likelihood of future harm under section 31(2) of the Children Act 1989 and clarifies the civil standard of proof.     

The Scots Statute Style and Substance

New or renewed legislatures afford opportunities for reassessingold legislatures, and introducing new and improved forms oflegislative composition. Thus the North American experience,derived from the breakaway Colonies, came down heavily againstreferential legislation, the Australian and New Zealand experienceimplemented many Benthamite reforms ahead of the Old Country,and the tabula rasa afforded generally by Colonial and Commonwealthlegislation at first enabled, and eventually enforced on itsparent legislature, an explicit and consistently adhered tosystem of textual amendment. In view of the opportunities affordedby Scottish Devolution, what innovations may we expect of thenew Scottish statute? Thanks to the earlier work of Coode,¹to the continuing surveillance of the Statute Law Society,²to the committed enthusiasm of parliamentary counsel such asDriedger,³ Dale,⁴ and Bennion,⁵ and especially to the seminalwork of linguistic analysts such as Plowden,⁶ Mellinkoff,⁷ Frye,⁸and Bowers,⁹ new theories, practices, forms, and precedentsabound as never before for statute law. Nevertheless, thereare also questions of tradition, culture, and national identityat issue—especially for a restored or reborn legislaturesuch as the present Scottish Parliament.¹⁰ This paper examinessome of the issues, both in terms of legislative style and legislativesubstance, which pertain to the new Scottish statute.     

The gap between law student career aspirations and employment opportunities

Most law students in the UK embark upon their degrees hoping to become solicitors or barristers and yet the current legal landscape is in a state of flux. Students are incurring significant costs to try and break into an increasingly competitive market and are concerned that they do not have the skills and experience that many employers expect. With this in mind, Plymouth Law School tracked the aspirations and destinations of its LLB students and graduates over a number of years, exploring factors that encouraged or inhibited them along the path to their careers. This article evaluates the data from our students and considers its relevance to the employability issues highlighted by the LETR.