Entrapped on the Web? Applying the Entrapment Defense to Cases Involving Online Sting Operations

Many law enforcement agencies are currently responding to the problem of online crime by establishing proactive investigative units that track criminals on the Internet. Not only do these specialized teams face problems in the area of emerging technology, they are also faced with handling emerging legal issues. The current research examined the issue of the entrapment defense, and how previously established physical realm doctrine could be applied to the investigation of online crimes such as child pornography. Relying on previous case law it would appear that entrapment claims related to online sting operations involve consideration of: a) did the law enforcement officer continuously contact the suspect with the intention of trying to convince the individual to engage in a particular type of behavior, b) how long was the relationship between the undercover officer and the suspect, and c) how much, if any, reluctance to commit the criminal act did the suspect provide evidence of?     

Buddhism,Mindfulness, and Transformative Politics

This article examines whether the American cultural phenomena of the practice of Buddhism or the Buddhism-derived technique of mindfulness are likely to be helpful to the political left. It summarizes the central teachings of the ancient Buddhist texts, with particular focus on the issues of mindfulness and politics. It also reviews the political history of Buddhist countries. The author argues that although modern Buddhism has shed its historical embrace of absolutist monarchy in favor of republicanism, and although there is some ideological overlap between Buddhism and the American Left, Buddhism in America is too small a movement for it to be of much significance for progressive politics. Mindfulness appears to be capable of becoming a much larger phenomenon, but its separation from its Buddhist origins makes it also unlikely to be strategically important for the Left.     

Y-STR analysis on DNA mixture samples—Results of a collaborative project of the ENFSI DNA Working Group

The ENFSI (European Network of Forensic Science Institutes) DNA Working Group undertook a collaborative project on Y-STR typing of DNA mixture samples that were centrally prepared and thoroughly tested prior to the shipment. Four commercial Y-STR typing kits (Y-Filer, Applied Biosystems, Foster City, CA, USA; Argus Y Nonaplex, Biotype, Dresden, Germany; Powerplex Y, Promega, Madison, WI, USA; and DYSplex-3, SERAC, Bad Homburg, Germany) were used for the amplification of the mixture samples. The results of the study showed a striking inter-laboratory difference of kit performance as determined from the peak heights of the obtained Y-STR genotypes. Variation in quantity and quality of the shipped DNA can be excluded as reason for the observed differences because both samples and shipping conditions were found to be reproducible in an earlier study. The results suggest that in some cases a laboratory-specific optimization process is indicated to reach a comparable sensitivity for the analysis of minute amounts of DNA.     

From Reflection to Refraction: Rethinking Paradigms of Cultural Interaction and Identity in Peru and Mexico

This article explores the construction and reworking of paradigms of culture contact and identity by social scientists and cultural critics in response to contradictory sociocultural experiences of modernity in Peru and Mexico. It seeks to do so in the context of calls made by the Peruvian critic Antonio Cornejo Polar for greater historicism and critical thinking about these, and the concern that this appeal has since generated in the field of Latin American Cultural Studies. Focusing first on the postcolonial, ideologically driven model of 'mestizaje', the article then traces continuities and discontinuities between it and latter–day thinking about cultural pluralism.     

ADHD among incarcerated youth: An investigation on the congruency with ADHD prevalence and correlates among the general population

The limited literature on the topic speculates that the rate of ADHD would be higher among incarcerated youth than found in the general population. However, to our knowledge no such published figures exist for juveniles in the United States. This study investigates the likelihood of ADHD diagnosis among 453 incarcerated youth and compares and contrasts a variety of demographic, social, educational, psychological, and criminal characteristics to the general literature on ADHD. Both similarities and differences are reported. This project was supported by Grant #99-RT-VX-K020 awarded by the National Institute of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. An early version of the paper was presented at the annual meeting of the Academy of Criminal Justice Science in Chicago, Illinois.     

Displaced Persons,Family Separation and the Work Contract in Postwar Australia

ABSTRACT

This article focuses on the migrant family in postwar Australia. The Commonwealth government’s two-year work contract scheme had significant effects on the initial settlement experience of displaced persons (DPs)—particularly, through the family separation that the contract enforced. Family reunification was afforded in accordance with an occasionally callous and pragmatic concern for maintaining a directable pool of labour. In this regard, the scheme and the available hostels and centres, while extensive in their bureaucracy and administrative reach, were woefully unprepared for the needs and wants of DPs, specifically the need for family unity during the initial settlement process. In drawing on archival sources, this article explores bureaucratic practices, and responses to DP resistance and dismay in the face of family separation.     

Bank capital buffer releases,public guarantee programs,and dividend bans in COVID-19 Europe: an appraisal

European Journal of Law and Economics - We analyse the recent policy decisions made by the European Central Bank and the national authorities related to capital and shareholders’ remuneration...     

Penal reform: a history of failure

The private investigation industry in the United Kingdom has been challenged by dubious work practices arising from the activities of a number of private investigators undertaking work for The News of the World. The allegations of private investigators acting as a conduit for improper behaviour are not new; in Australia this assessment was borne out in the 1992 New South Wales Independent Commission Against Corruption (ICAC) inquiry which found that investigators acted as the go-betweens in a ‘massive illicit trade’ in confidential information (Independent Commission Against Corruption (ICAC), 1992). The last study on private investigator's in Australia was undertaken by Prenzler (2001). In terms of public awareness the image of the private investigator remains a person of dubious character spying on domestic couples. Since the last study the private investigation industry has undergone significant changes in terms of licensing training, regulation and investigative services. These developments have not received much attention in the public media. This lack of media attention is somewhat surprising as developments pose challenges to the justice system.