Legal skills and the SQE: confronting the challenge head on

Whether the teaching and assessment of practical legal skills and professional conduct should be focused at the academic or vocational stage of legal education has been considered numerous times, with recommendations made and varying degrees of implementation carried out. With the approval of the Solicitors Qualifying Examination being granted by the Legal Services Board this issue is once again being brought into focus. The end of the Legal Practice Course will result in the required compulsory teaching and assessment of core practical legal skills and professional conduct being removed from legal education. The question therefore is whether legal education should incorporate practical legal skills and professional conduct into teaching and assessment at the academic stage and, if so, how can this be achieved in a way that complements rather than distracts from the study of academic law. This study will consider the recommendations made in relation to practical legal skills and professional conduct over the last five decades and identify possible options for the embedding of practical legal skills and professional conduct in the law curriculum at undergraduate level.     

It is and it is not: the Importance of Context when Exploring Gender Differences in Perpetration of Physical Partner Violence

The literature on gender differences in perpetration of physical partner violence (PV) consists of two opposing camps: those who emphasize gender symmetry, and those who emphasize gender asymmetry. We propose a both/and approach to this controversy by suggesting that the issue of gender symmetry is complex and dependent upon context. Furthermore, we discuss how the role of personal investment in political agendas contributes to this divide in the literature. We argue that this both/and approach to inquiry will significantly contribute to the understanding of gender differences in perpetration of PV, as well inform the development of interventions for PV.     

The identification of sexual and violent motivations in men who assault women: implication for treatment

A qualitative analysis of interview data with 41 rapists determined that five implicit theories (ITs) underlie rapists' offense supportive beliefs/feelings/motives: (a) dangerous world (DW)-where men have feelings of generalized anger and/or resentment toward others; (b) women are dangerous-where men hold a set of attitudes that are hostile toward women; (c) women as sexual objects (WSO)-where women are seen as primarily sexual objects; (d) male sex drive is uncontrollable-where sexual urges are seen all consuming; (e) entitlement-where men feel that they can do exactly what they want. Consideration of whether DW or WSO ITs were present or absent indicated that three main groups could be identified: Group 1: violently motivated-presence of DW and/or absence of WSO; Group 2: sexually motivated-presence of WSO and/or absence of DW; Group 3: sadistically motivated-presence of DW and WSO. These results are discussed in terms of treatment needs of rapists.     

An Examination of Social Disorganization and Pluralistic Neighborhood Theories with Rural Mothers and Their Adolescents

Neighborhoods matter for youth; yet, most literature focuses on neighborhood deficits rather than strengths. To understand how best to capture neighborhoods, this study used census- and perception-based measures of neighborhood characteristics as suggested by social disorganization and pluralistic neighborhood theories, respectively, to determine the association between structural characteristics and perceptions of positive and negative neighborhood characteristics. The ethnically diverse (59% White and 34% African American) sample (N = 1,414) consisted of early adolescents (53% female) and their mothers. We found that participants perceived distinct positive and negative neighborhood characteristics. For adolescents and mothers, neighborhood structural characteristics were positively associated with risk perceptions (e.g., physical and social disorder) but differently associated with positive neighborhood characteristics. In addition, participants perceived their neighborhoods differently (e.g., adolescents perceived less informal social control but more cohesion than their mothers). We discuss the importance of the neighborhood context, particularly positive neighborhood characteristics, for rural families.     

The Testimony of Forensic Identification Science: What Expert Witnesses Say and What Factfinders Hear

This research examined how variations in the presentation of forensic science information affect factfinders’ judgments in a trial. Participants read a summary of a murder case, the critical testimony being the results of a microscopic hair comparison given by a forensic expert. Across two experiments we manipulated how the expert expressed his results, whether he gave an explicit conclusion concerning identity of the hair, and whether the limitations of forensic science were expressed during trial. Qualitative testimony was more damaging to the defense than quantitative testimony, conclusion testimony increased the defendant’s culpability ratings when findings were presented quantitatively, and expressing limitations of forensic science had no appreciable effect. Results are discussed in terms of factfinders’ interpretation of forensic identification evidence.     

Crime on the High Seas: Crimes of Globalization and the Sinking of the Senegalese Ferry Le Joola

The world’s second largest maritime disaster occurred on September 26th 2002, the sinking of the Senegal’s state run ferry Le Joola, killing 1863 passengers. In the wake of the sinking, it became clear that the state of Senegal held liability for the ferry’s failure; the government readily admitted its errors and several ministers either stepped down or were removed from their positions. In many ways, this case, at least on the surface, looks like a classic example of a state crime – illegal activities carried out by the state or state agencies. However, despite unequivocal governmental responsibility, we suggest that this was not simply a case of state crime. Rather, a thorough investigation and analysis of the reasons and forces behind the Le Joola sinking suggest that international institutions, primarily the World Bank, bear culpability for the disaster due to the way in which their policies and economic development demands altered Senegal’s social, economic and political structures. In conclusion, we offer a criminological analysis of the catalysts leading to the reinstatement of the state run ferry to the coastal waters and the subsequent actions taken by the State of Senegal and of International Society.An earlier version of this paper was presented at the Annual Meeting of the American Society of Criminology, Nashville, TN. November 17–20, 2004.