Inaccessible and Unknowable: Accretion and Uncertainty in Modern Criminal Law

Between May 1997 and August 2006 over 3,000 new crimes and offences entered the statute book expanding the criminal law exponentially and insinuating criminal liability into areas of everyday life previously untouched. This unremitting intensification of the criminal law where often quite random and unrelated provisions are embedded in huge, generic and virtually annual Criminal Justice Acts has made the law inaccessible and unknowable to the public, and uncertain to those charged with interpreting and applying it. This article examines the phenomenon of accretion in the criminal law within the last decade drawing on historico-legal contexts, jurisprudential theory (particularly the Rule of Law), and contemporary illustrations. It argues that uncontrolled legislative accretion and a bloated statute book may introduce dangerous levels of uncertainty into the law not only undermining its integrity but eroding the essential mutual respect between government and the governed which legitimises the authority of the criminal law. The political hothouse of spin-cycle government has sought to rely on the creation of new law as the panacea to all ills blurring the democratic boundary between citizen and government.

Violence and abuse in psychiatric in-patient institutions: a South African perspective

Institutionalisation of psychiatric patients was a prevalent treatment approach in the apartheid era of South Africa. Allegations of violence and abuse towards patients frequently arose during this time. The post-apartheid Department of Health prioritised improvements in mental health care by recommending, inter alia, deinstitutionalisation and reintegration of patients into the community. Ten years later, these interventions have proved difficult to institute and many patients are still hospitalised. The present study investigated whether currently hospitalised patients continued to experienced violence and abuse. This was an exploratory naturalistic study in which both qualitative and quantitative data were collected. Of the 127 who completed the study, more than 50% reported experiences of abuse. The main perpetrators were other patients, although violence by staff was reported. Reasons for the tardiness of implementation of deinstitutionalisation and the prevalence of ongoing violence and abuse in psychiatric hospitals are complex. Factors inherited from the pre-democratic system coupled with increased urban violence and financial constraints appear to be some of the major causes of ongoing dependency upon hospitalisation of mental health care users. The present study highlighted the urgency of implementing mental health care improvements.     

Is a public reporting approach appropriate for nursing home care?

Publicizing quality information has been used as a quality improvement strategy in the acute care sector for more than a decade. Despite research showing mixed results of these efforts, publicly reporting quality measures is currently being pursued as a quality improvement strategy for nursing homes. Designed to empower consumers to make informed choices and to stimulate provider competition on quality, nursing home public reporting began in 1998 with the Nursing Home Compare Web site and has received greater emphasis in the 2002 Nursing Home Quality Initiative, both directed by the federal government. Focusing on the response of three key stakeholder groups across settings of care-consumers, providers, and purchasers-I identify several challenges that nursing home reporting must overcome to be successful. I conclude that publicly reporting quality measures for nursing homes will have a harder time promoting quality improvement than for acute care settings, where results have been disappointing thus far. In addition to the conceptual analysis, I evaluate whether the quality information reported on Nursing Home Compare had any impact on nursing home occupancy rates following its release. Using a pre/post-release design, I find that the effect of public reporting on nursing home occupancy rates has been minimal thus far. Although some estimates of effect are statistically significant and in the hypothesized direction, they all suggest very small effect sizes. It is unclear whether the absence of a larger reporting effect to date is specific to Nursing Home Compare or whether it inheres to the broader task of using quality information to promote change in the nursing home care sector.     

The political economy of the Reconstruction Era’s race riots

This paper analyzes the political economy of the Reconstruction Era’s (1865–1877) race riots through the economic logic of rules. The central argument is that the race riots were not an inevitable outcome at the end of the Civil War, but instead occurred because of the absence of effective rules to raise the cost of engaging in violence. We offer a general framework of ‘rule stickiness’ to analyze the process of rule reform. This framework offers insight into the conditions influencing the enforcement costs of formal rules, as well as the likelihood of third-party enforcers effectively monitoring and punishing rule breakers. The Memphis race riot of 1866 is provided as a case study to illuminate the explanatory power of the theoretical framework.     

Book reviews

Ephraim Maisel, The Foreign Office and Foreign Policy 1991–1926 (Brighton: Sussex Academic Press 1994), £35. ISBN 1–898723–04–4.

Timothy P. Maga, The World of Jimmy Carter: U.S. Foreign Policy 1977–1981 (West Haven, CT: University of New Haven Press, 1994). 189 pp. ISBN 0–936385–23–0.

Michael Leifer, Dictionary of the Modern Politics of South‐East Asia (London and New York: Routledge, 1995), xii + 271pp. £45. ISBN 0–415–04219–4.

Christopher C. Harmon and David Tucker (eds.), Statecraft and Power: Essays in Honor of Harold W. Rood (Lanham and London: University Press of America with the National Institute for Public Policy, 1994), 284pp ISBN 0–8191–8718–6.     

Stuxnet and the Limits of Cyber Warfare

American foreign policy analysts have generally viewed World War II as the most important of the six wars the country fought in the twentieth century. By entering this war, so the argument goes, the United States prevented the gravest geopolitical threat to its security—German and Japanese hegemonies in Eurasia—from materializing. Careful reexamination of the best case for U.S. entry into World War II, made by Nicholas Spykman in 1942, demonstrates that the traditional view is misplaced: the United States could have remained secure over the long term had it not entered the war and had it allowed Germany and Japan to win. Its standard of living and its way of life, however, would most likely have suffered. Avoidance of those two outcomes was the real reason to have entered the war. The implications of this analysis for balance of power theory and current American grand strategy are spelled out.     

The effect of cleaning agents on the ability to obtain DNA profiles using the Identifiler™ and PowerPlex® Y multiplex kits

Abstract: A year after the introduction of Identifiler? into the forensic DNA laboratories of the Institute of Environmental Science and Research Limited (ESR), increasing occurrences of dropout of the three loci, D7S820, D18S51, and FGA, were observed in samples where the DNA was not degraded and sufficient DNA was present that full DNA profiles were to be expected. The dropout was either partial or complete at these loci. Full profiles could sometimes be obtained by reamplification of samples using the same input amount of DNA. After a thorough investigation of the methods and procedures used in the laboratory, the cause of this inhibition was identified as the cleaning agent TriGene? ADVANCE. This was determined after the deliberate addition of varying amounts of different cleaning reagents into the DNA amplification reactions. At concentrations of 0.004% TriGene? ADVANCE caused inhibition resulting in tri‐loci dropout. At concentrations of 0.04% and higher, complete inhibition was observed. An effect was also seen on the amplification of samples using the Y STR profiling system PowerPlex^®Y. This work highlights the importance of checking all reagents and chemicals prior to use, even those with no apparent direct influence on the DNA profiling process.