Expert Evidence,Judicial Reasoning,and the Family Courts Information Pilot

The Family Courts Information Pilot took a modest step towards open justice in Children Act cases by publishing 161 judgments of the County Courts and Family Proceedings Courts. Combining socio‐legal and philosophical analysis on lines inspired by the work of Habermas, this article examines the epistemology of expert testimony implicit in the judgments. What emerges is a form of reasoning based on ‘inference to the best explanation’: judges seek to show that the best explanation for experts saying what they do is that they have good reasons for their opinions. While this approach is not blindly deferential, it has serious limitations in cases where the only experts are local authority social workers and the guardian, and an awareness of these limitations is one reason for the courts' willingness to allow other experts to be instructed. The article also criticizes the analysis of the courts’ use of experts by the recent Family Justice Review.     

Moral strangers or fellow travellers? Contemporary perspectives on offender rehabilitation

This article is a response to the two previous articles in this issue (Polaschek, 2012, and McNeill, 2012), which make up the hot topic debate on offender rehabilitation.     

Assessing desistance in child molesters: a qualitative analysis

The aim of the study was to investigate the process of desistance from sexual crime by comparing two groups of child molesters: One group was deemed to be desisting, while men in the other group were deemed as being still potentially active offenders. Men in the desisting group reported being optimistic for the future, reported an enhanced sense of personal agency and a more internalized locus of control, and identified treatment as being a turning point in their lives. In comparison, men in the active group were found to be more pessimistic and were more likely to blame external events, or situations, for their problems. One of the most striking findings of the research was that the desisting group had found a place within a social group or network, unlike the still potentially active offenders who all described a life of social isolation and alienation.     

Child sexual abuse material in child-centred institutions: situational crime prevention approaches

ABSTRACT

This paper focuses on the potential for child-centred institutions to use situational crime prevention (SCP) strategies to prevent or reduce child sexual abuse material (CSAM) offending as a distinct form of child sexual abuse (CSA). We discuss the failure of the Royal Commission into Institutional Responses to Child Sexual Abuse in Australia to address the potential for CSAM offending to occur in child-centred institutions. Our premise is that CSAM offending is markedly shaped by the situation in which it occurs, rather than by any pre-existing preparedness to offend sexually against children. In this context, SCP for CSAM offending must be considered as part of overall strategies to combat CSA in institutional settings. However, we acknowledge that effective implementation of SCP in this area is not straightforward. We consider some of the challenges in implementing SCP at an institutional level.     

Colonia Housing Conditions in Model Subdivisions: A Déjà Vu for Policy Makers

The informal self-help settlements in Texas known as colonias have received considerable attention as a public policy problem at both the state and federal levels. These settlements proliferated throughout the border region since the late 1970s and research has highlighted the extreme poverty, austere levels of infrastructure, exploitative land sale practices, and poor housing conditions that characterized these settlements. However, both scholars and policymakers have overlooked the continued spread of self-help settlements known as “model subdivisions,” which barring the presence of basic water, wastewater, and electricity services, are nearly identical to colonias. We present the results of household surveys conducted with residents in 24 model subdivisions in Hidalgo County, Texas, in June 2014. The results suggest that, unbeknown to legislators, many of the problems that characterized colonias are now being reproduced in hundreds of model subdivisions that have formed since the 1990s, and which now require concerted attention and intervention by policy makers.     

THE ROARING SILENCE: FEMINIST REVISIONS IN THE EDUCATIONAL POLICY LITERATURE

Absent from assessments of feminism's influence on the academy and the disciplines is an evaluation of the impact of feminist thought on policy research. The purpose of this paper is to evaluate feminist scholarship's presence in the core policy and higher education journals. The first section of the paper explains why it is important to consider the influence of feminism on the policy literature. This is followed by a discussion of what is meant by feminism in the context of this paper. The third section presents the methodology used in evaluating the literature. The paper concludes with a discussion of the findings and implications     

Meeting local needs? Case study of a communication project in the Pacific Islands

The Internet has become a major source and vehicle for technological transfer and project development during the 1990s. Three Pacific Island countries—Fiji, Samoa and Vanuatu—were connected through Pactok, an inexpensive computer‐mediated communication (CMC) system originally developed for non‐government organizations (NGOs) through the Pacific Sustainable Development Networking Project (PSDNP). The PSDNP was established by the United Nations Development Programme (UNDP) in 1993 and funded by the UNDP until December 1996. Content analysis of the Project Document indicated that although the PSDNP aimed to improve access by these countries to scientific and technical information, an important underlying theme was to ensure these Pacific Island countries were connected to the Internet. It also appeared that the agency was keen for organizations in these countries to increase access to international information, with little regard for local and regional sources. Subsequent analysis of Pactok sites early in 1997 showed that the PSDNP had encouraged the project's primary stakeholders—regional organizations and NGOs—to join Pactok. However, international agencies such as the UNDP and other foreign assistance also have access to Pactok and are able to disseminate agency ideologies, objectives and priorities directly to users in Pacific Island countries. Copyright © 2000 John Wiley & Sons, Ltd.     

Impunity and Hope

Is there a duty to prosecute grave international crimes? Many have thought so, even if they recognize the obligation to be defeasible. However, the theoretical literature frequently leaves the grounds for such a duty inadequately specified, or unsystematically amalgamated, leaving it unclear which considerations should drive and shape processes of criminal accountability. Further, the circumstance leaves calls to end impunity vulnerable to skeptical worries concerning the risks and costs of punishing perpetrators. I argue that a qualified duty to prosecute can be substantiated on the basis of a single class of reasons, though also that standard justifications of international criminal law (as currently conceived) are not up to the task. The account exploits the expressive dimension of punishment, but locates the central good of criminal accountability in its capacity to appropriately enable an agential stance on the part of subjects in transitional circumstances. It can legitimate, in a way to be specified, hope. The approach also displays the cynicism of an anti‐impunity ethos in the absence of a robust commitment to securing basic human rights in transitional circumstances.