Attorney General v. X

In this case in which a 14-year-old girl said she had become pregnant after being raped by her friend's father, the Attorney General of Ireland had enjoined the girl and her parents from traveling to England for an abortion. A psychologist had testified that in her present state of mind, the girl was suicidal. The Supreme Court of Ireland held that the right to life supersedes all other rights, including the right to travel. However, if there is a real and substantial risk to the life of the mother which can only be avoided by termination of the pregnancy, then an abortion is permissible. The Court determined that the girl's risk of suicide satisfied this condition, and therefore the girl was allowed to terminate her pregnancy.     

The link between dyslexic traits, executive functioning, impulsivity and social self-esteem among an offender and non-offender sample

PURPOSE: The current study had two core aims; first to explore the link between dyslexic traits and other aspects of functioning among a sample of offenders and non-offenders (students); and, second, to explore if dyslexic traits were over-represented among offenders. A subsidiary aim was to explore if the results were influenced by an offender's current index offence (i.e. violent versus non-violent). METHOD: Ninety-two adult male participants took part: sixty offenders and thirty-two non-offenders. All completed a structured interview assessing dyslexic traits, namely the Dyslexia Adult Screening Test battery (DAST: Fawcett and Nicholson, 1998). Participants also completed a measure of executive functioning (Benton Word Fluency Test, Benton, A. (1968) Differential behavioural effects in frontal lobe disease. Neuropsychologica, 6, 53-60), impulsivity (Barratt Impulsiveness Scale: BIS-II, Barratt, E.S. (1994), Impulsiveness and Aggression. In J. Monahan and H.J. Steadman (Eds.), Violence and Mental Disorder: Developments in Risk Assessment (pp.61-79). Chicago: University of Chicago Press.) and social self-esteem (Texas Social Behavior Inventory: TSBI, Helmreich and Stapp, 1974). RESULTS: Offenders presented with more dyslexic traits than non-offenders, with those with violent index offences presenting with more traits than those with non-violent index offences. Offenders performed poorly on assessments of executive functioning when compared with non-offenders. Dyslexic traits were predicted most significantly by executive functioning difficulties followed by decreased social self-esteem. There was a trend for increased impulsivity to correlate with increased dyslexic traits. Dyslexic traits were also predictive of membership to the offender group whereas impulsivity, executive functioning or social self-esteem was not. CONCLUSION: Preliminary evidence is provided for increased dyslexic traits among offenders compared to non-offenders. The study highlights the correlates of dyslexic traits. The implications of these findings for future research are outlined.     

Invoking Indignation: Reflections on Future Directions of Socio–legal Studies

The Research Assessment Exercise has produced some very unequal results. Lawyers are now three times more likely to be in grade 5 or 5* departments than social policy colleagues. The paper begins with a light–hearted theoretical explanation of these results to make the serious point that an old fashioned notion of power and a simple analysis of the available data can produce important insights into what is happening in the real world – a research paradigm which the RAE has discouraged. The paper then makes a number of criticisms of current theoretical endeavours in sociolegal studies: the confusion over what is meant by theory, its fixation on deconstruction and a Foucauldian notion of power, and the neglect of universal categories. The central argument is that sociolegal studies needs to focus more on the materiality of everyday life and, in particular, the growing inequalities in the world and the role that law and legal institutions play in the structuring of these inequalities. In conclusion, the paper argues that as sociolegal scholars we need to analyse the impact of our decisions on others and to take a stand against unfair and unjust distribution of resources whether at the local, national or international level. We need a vision of a just society which is informed by moral indignation.     

Rebutting the Presumption: Rethinking the Common Law Principle of Marital Coercion in Eighteenth- and Nineteenth-Century England

While many historians refer to the legal presumption of marital coercion when discussing patterns of lenient judicial treatment of women in eighteenth-and nineteenth-century English criminal trials, few have analyzed the presumption in enough detail to ascertain the impact it genuinely had. This article undertakes close legal analysis of marital coercion. It argues that the presumption was not frequently referred to in nineteenth-century Old Bailey criminal trials for receiving stolen goods because of increasing judicial strictness as to the application of the presumption. A defendant had to prove her marriage, her husband’s presence at the crime scene, and, by the nineteenth century, evidence of her husband’s actual control. The presumption may have shifted from an irrebuttable presumption to one rebuttable upon proof that any of these requirements were absent. Therefore, women’s lenient court treatment during the modern period cannot be straightforwardly attributed to frequent successful recourse to marital coercion.     

Look who’s talking: interviewing Russian criminals

This paper reflects on the mistakes, the lessons learned and the successes of interviewing Russian entrepreneurs known to devote at least some, if not all, of their operations to illegal business.