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     

UNCROC and the prevention of childhood obesity: the right not to have food advertisements on television

This article discusses how legal rights-based discourse could inform the response of Australian State and federal governments to the increasing prevalence of childhood obesity. The authors contend that the principles in the United Nations Convention on the Rights of the Child (a treaty which has been ratified but not implemented) are capable of providing a basis for a legislative program to prevent childhood obesity. It is argued that an approach to legislation which is grounded on the basis of children's rights would require that there be restrictions on advertising food to children. The authors set out specific proposals for legislative reforms which the federal Parliament could enact to implement the Convention so as to restrict advertising to children. The scope of the discussion is then expanded to consider the implications of rights-based discourse in broader public health contexts.     

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.     

Application of mRNA Expression Analysis to Human Blood Identification in Degenerated Samples that were False‐negative by Immunochromatography,,

Forensic laboratories are often faced with cases in which methamphetamine hydrochloride‐mixed blood is unable to be identified as human blood by immunochromatography against human hemoglobin A0. The application of mRNA expression analysis to samples that showed a false‐negative with immunochromatography was investigated as an alternative approach that did not depend on the antigen–antibody reaction. Real‐time PCR was used to examine the expression levels of blood markers such as glycophorin A, spectrin beta, and hemoglobin beta. Hemoglobin beta was the only marker that was specifically detected in blood, while glycophorin A was useful for determining human specificity. Hemoglobin beta showed good detection sensitivity and was detectable in 37‐year‐old blood stains. Hemoglobin beta was exclusively detectable in methamphetamine hydrochloride‐mixed blood stains. Detergents and disinfectants did not significantly influence mRNA markers. The proposed mRNA expression analysis was suitable for human blood identification as an alternative method to immunochromatography.