Access to justice: is legal services regulation blocking the path?

Abstract

High prices and lack of innovation have placed expert legal services beyond the reach of too many Americans and Canadians. Is legal services regulation exacerbating common law North America's access to justice problem? Does regulatory maintenance of a unified legal profession, and insulation of that profession from non-lawyer influence, make it more difficult for people here to meet their legal needs? This article argues that, although regulatory liberalization is not a magic bullet for the accessibility of justice, there is strong evidence of a link between regulation and access. North American lawyer regulators need to understand, and work to reduce, the effects of their policies on the accessibility of justice.     

Objections to medico-legal autopsy--recent developments in case law

Medico-legal autopsies can be directed by coroners. However, in a number of jurisdictions family members can lodge objections with coroners against such procedures taking place. The authors analyse the objections, successful and unsuccessful, taken in Australia. Reviewing recent Victorian developments, they emphasise the public interest in autopsies which reveal medical causes of death. They identify the ongoing importance of coroners being able to exercise their statutory function to undertake death investigations effectively and to make informed recommendations to reduce the incidence of avoidable deaths.     

Bidirectional partner violence among homeless young adults: risk factors and outcomes

One of the most prevalent forms of violence in contemporary society is the victimization of intimate partners. Although it has been established that homeless young people experience high levels of victimization on the street, little is known about partner violence (PV) experiences among this group, especially bidirectional violence. As such, the purpose of this study is to examine the prevalence of PV and bidirectional violence and to investigate risk factors and outcomes of this form of violence using a sample of homeless young adults. Overall, 59% of the sample experienced bidirectional violence. Multivariate results reveal that sexual abuse and neglect are significant correlates of PV. In addition, being either a victim or perpetrator of PV is associated with more severe substance use and higher levels of posttraumatic stress disorder (PTSD). Finally, there is support for bidirectional violence among homeless young adults even after controlling for early histories of maltreatment.     

International Trends in Prison Upsizing and Downsizing: In Search of Evidence of a Global Rehabilitation Revolution

Abstract

Our review of global trends in the use of incarceration reveals that both the number of people incarcerated worldwide and the global rate of incarceration continue to increase in every global region. In addition, there have been sizable global increases in the use of pretrial detention, the proportion of female prisoners, the proportion of foreign prisoners, prison privatization, and prison crowding. After reviewing these global trends, we examine the available data on correctional performance, focusing on global crime trends in the subgroup of countries (n = 20) where three-quarters of the world’s prison population is currently located. While most (17/20) of these countries continued to increase their prison population despite decreases in most crime categories, three countries—the Russian Federation, South Africa, and Pakistan—have reduced their reliance on incarceration (number and rate) while also reducing their crime rates. Compared to other countries with large prison populations, the United States’ overall increase in both the prison population (+14.4% since 2000) and incarceration rate (+2.2) can be described as modest. Our review of global trends in corrections and sentencing policy reforms revealed an emerging focus on offender rehabilitation in both prison and community corrections settings and a growing recognition of the link between community development and crime. Focusing on the potential impact of rehabilitation-rich policy reforms in the United States, we highlight the results of a recent simulation modeling study (Taxman & Pattavina, 2013 Pattavina, A., & Taxman, F. S. (2013). Using discrete-event simulation modeling to estimate the impact of RNR program implementation on recidivism levels. In F. S. Taxman & A. Pattavina (Eds.), Simulation strategies to reduce recidivism (pp. 267–281). New York, NY: Springer.[Crossref] , [Google Scholar]) designed to estimate the impact of expanding our institutional corrections treatment infrastructure. This study reported significant, but relatively small, long-term reductions in prison populations when treatment capacity and treatment quality are increased. These findings suggest that even major improvement in the quantity and quality of prison programming—by itself—will not fundamentally change the life course of prisoners, resulting in continued high return-to-prison rates for these offenders. We conclude that for the United States to significantly reduce its reliance on incarceration, we will need to rethink our approach to crime and punishment. Our global review of corrections and sentencing strategies identified a number of possibilities. Using the global incarceration rate and the global crime rate as benchmark performance “tipping points,” we call for the development of corrections and sentencing policies—and the hiring of corrections personnel—based on the new goal of corrections: individual and community rehabilitation.     

Peacekeepers Fighting a Counterinsurgency Campaign: A Net Assessment of the African Union Mission in Somalia

In response to Somalia's decades-long political and humanitarian crises, the African Union has deployed a peace support operation known as the African Union Mission in Somalia. Tasked to help eliminate an ongoing insurgency, the mission has seen heavy combat as it fights to reclaim territory held by the al-Shabaab militant organization. This article applies the techniques of open source campaign analysis to assess the mission's prospects for long-term success. The prognosis is not good. Analysis reveals a range of vulnerabilities that threaten the deployment's core security objectives, suggesting that the optimism many have expressed for the mission is misplaced.     

Ethics and Government: Preliminary Considerations

This symposium reproduces several of the papers presented during the international conference sponsored by the Queensland University of Technology Centre for the Study of Ethics, at Parliament House, Brisbane, 11-13 February, 1999. The theme of the conference was 'Government and Business: Integrity and Accountability'. The papers have been revised following discussions within a research colloquium associated with the conference. They were initially presented within a strand entitled 'Competition, Marketisation, Public Services and Public Ethics' which explored ethical issues for contemporary government within different national contexts (New Zealand, the United Kingdom, Malaysia and Australia) around the impact of economic policies that have reframed the role of government primarily as a servant of the international market.