Intoxication as a defence to murder in Seychelles

In Seychelles, the mens rea of murder can be established, as an alternative to an intention to cause death or grievous harm, on the basis of the defendant’s ‘knowledge’ that the act or omission causing death will probably cause death or grievous harm. However, a defendant is only allowed to plead intoxication as a defence where it had become impossible for him to form the necessary ‘intention’ due to intoxication. This article highlights the difficulties in the application of the defence of intoxication to cases where the mens rea for murder is based purely on a defendant’s ‘knowledge’. In analysing the defence of intoxication in Seychelles in cases of murder, the article examines the position under English and Australian law.     

Connecting the dots: relevance of sustainable development principles in addressing environmental protection issues in Nigeria’s oil industry

Sustainable Development Principles are fundamental to addressing environmental protection issues in Nigeria’s oil industry. The paper examined sustainable development in its globally accepted meaning. Furthermore, this principle of environmental protection has in recent years evolved into international standards popularly called global best practices. The objective of the paper is to examine the sustainable development principle and its relevance in addressing the environmental challenges in Nigeria’s oil industry.     

Human rights,race & sexuality in the Pacific – regarding others as ourselves

In this article, first delivered as a memorial lecture in Fiji, the author traces the life of Sir Moti Tikaram, a distinguished judge and public officeholder. Drawing on Sir Moti’s lifetime struggle against discrimination on the grounds of race, the author examines analogous issues raised by discrimination on the grounds of sexual orientation and gender identity. He traces the growing concern over these issues in a number of international bodies. He then examines moves for law reform in the Pacific and South Asia. The obstacles and impediments are explained, as are the fitful moves forward. Terminating discrimination on the basis of indelible features of nature is still a significant challenge in many Commonwealth countries. Sir Moti Tikaram’s dream is as yet unfulfilled.     

Not in my back yard: control of Irish Travellers by paramilitaries and vigilantes across the island of Ireland

This article concerns control of Irish Travellers by paramilitaries and vigilantes. The main issues explored here relate to theories of deviance and debates as to the power of the ‘established’ over those regarded as outsiders. The topic of dangerisation is also considered. Across the island of Ireland, the accommodation needs of Irish Travellers have been largely overlooked by both governments. Amidst a wholesale failure to provide adequate accommodation, including transient sites which would permit nomadic Irish Travellers to continue to be so, harsh anti-trespass laws have recently been sanctioned. However, despite these recent anti-trespass laws and no doubt due to the failure to provide accommodation, across the island illegal encampments remain common. Thus, a failure of the public system is evident. As such, this article demonstrates how, in turn, this failure may encourage vigilantes to adopt self-help private violence as moral action against ‘deviant’ Travellers, whilst self-justifying their actions in comparison to the violence exhibited by, and, that inherent to, state sanctioned law.     

Sexual coping,general coping and cognitive distortions in incarcerated rapists and child molesters

Abstract

Sexual coping, general coping and cognitive distortions were investigated in 25 rapists, 36 child molesters and 25 violent offenders. Rapists did not report more support for rape-supportive distortions than the violent offender comparison group. Child molesters scored higher than the other groups on the measure of molestation-supportive distortions, although mean scores were at the low end of the scale. Consistent with previous research, all offender groups reported ineffective coping styles and child molesters reported using more emotion-oriented coping than the non-sexual offenders. Child molesters but not rapists scored higher than violent offenders on deviant aspects of sexual coping, although mean scores were at the low end of the sub-scales. Evaluation of these comparisons was aided by effect sizes. The effect sizes reveal that there may indeed be differences between rapists and the comparison group with respect to cognitive distortions and sexual coping. Modest correlations were found between deviant sexual coping and cognitive distortions. The findings are interpreted in terms of etiological development and the sexual offence process.     

Risk,reconviction rates and pro-offending attitudes for child molesters in a complete geographical area of London

Abstract

The study reports on all convicted child molesters in an inner city area over seven years, half of whom received a community treatment package. The average time at risk in the community was three years. There were 17 ‘failures’: subjects who were either breached for non-compliance, or reconvicted for general, violent or sexual offences. Historical, rather than cognitive variables appeared to be associated with failure. Key factors were a history of being sexually victimised and previous sexual/violent convictions.     

The development and initial testing of the AIM2 framework to assess risk and strengths in young people who sexually offend

Abstract

This paper describes the AIM2 assessment framework and the process of its development and initial testing. AIM2 is used to assess areas of concerns and strengths of young people. Some preliminary analysis is described, including the correlation of assessment items, their ability to discriminate between cases, their inter-rater reliability and a small-scale recidivist study. These analyses were used to develop AIM2. Results from the recidivist study identified a particular set of concern and strength factors associated with recidivism in the sample. We conclude that the inclusion of strengths-related items are important to consider as protective factors when assessing the risk of further sexually abusive behaviours. Limitations and future directions of AIM2 are also discussed.     

How should we understand the effect of age on sexual recidivism?

Abstract

Research into the effect of age on sexual recidivism risk is a relatively new and developing area of interest and is likely to be of great interest for forensic practitioners responsible for the community supervision of sexual offenders. Meta-analytical and follow-up reconviction studies indicate an inverse relationship between age and sexual recidivism risk, where younger sex offenders pose a greater risk of reconviction than older sex offenders. This finding has led to the development of actuarial risk scales which identify younger sex offenders (<25 years) as posing the greatest risk. However, recent research studies have reported contradictory results to this assumption and found a non-linear relationship between age and sexual recidivism risk. Only a small number of studies have investigated the effect of age on sexual recidivism by comparing age bands and rates of sexual recidivism. Researchers have also considered the effect of age on actuarial risk, which risk factors are associated with which age bands and sexual recidivism rates between sex offender subgroups. The purpose of this paper is to integrate this research and to link commonalities between these studies. This paper organizes the effect of age on sexual recidivism into five categories: (i) the effect of age and actuarial risk; (ii) the effect of age on sexual arousal; (iii) the effect of age-at-release on sexual recidivism risk; (iv) the effect of age-at-first-offence on sexual recidivism risk; and (v) the effect of age on child molesters and rapists on sexual recidivism risk. Important differences were found between age bands of sexual offenders in terms of sexual recidivism risk and actuarial risk factors as well as differences between rapists and child molesters. The relative importance of factoring age when assessing risk in sex offenders is discussed.     

Public policy inquiry and advice as an aspect of constitutional reform

This article presents for the first time an outline of a classified review of the many types (some 20) of public policy inquiry or review exercises used in British public affairs. They are mainly created by the government but are also increasingly promoted by private bodies hoping to influence government and the established specialist interests in a policy field by supplying free and authoritative information and recommendations. A brief commentary on each of these ‘decision advice processes’ (DAPs) draws out their changing profile and questions the democratic propriety of the executive itself now investigating or reviewing important public policy issues which were, until quite recently, unquestioningly given out by departments for external and (normally) independent‐minded commissions and committees of inquiry to study and recommend upon. The question of whether the current movement for constitutional reform should include the overall ‘decision advice process’ and place it on a more independent and authoritative basis is raised. A parliamentary, rather than (or as well as) an executive, basis for most official ‘DAPs’ is proposed, while the currently flourishing practice of charitable foundations, think‐tanks and established interest groups promoting unofficial DAPs for the information and guidance of the government, parliament and the public is endorsed.     

Does Hot Spots Policing Have Meaningful Impacts on Crime? Findings from An Alternative Approach to Estimating Effect Sizes from Place-Based Program Evaluations

Journal of Quantitative Criminology - Prior meta analyses of hot spots policing show that the approach reduces crime, but report relatively small mean effect sizes based on Cohen’s d. The...