A Hard Look at What We Know (and Still Need to Learn) About the "Costs" of the Exclusionary Rule: The NIJ Study and Other Studies of "Lost" Arrests

The controversy over a "good faith mistake" exception to the exclusionary rule and the 1982 National Institute of Justice study of the effects of the rule in California have focused attention on the "costs" of the rule. This article reviews the NIJ study and seven other relevant studies and concludes that the NIJ study's claim that the rule has a "major impact" on the disposition of felony arrests is misleading and exaggerated. California data show that prosecutors reject only 0.8% (8 in 1,000) of felony arrests because of illegal searches. The effect of the rule is concentrated in drug cases in which the rejection rate by prosecutors is 2.4% (not 30%, as suggested by the NIJ study), but the rejection rate for non-drug arrests is less than 0.3%, and the rate is even lower for violent crimes. Even if one looks at the cumulative effect of the rule through all stages of the felony process in California, only about 2.35% of felony arrests are lost because of illegal searches, and this is a high-side estimate based on potentially atypical samples. Moreover, studies of "lost arrests" have not differentiated between arrests resulting from bona fide crime investigations and arrests that resulted from arbitrary searches or arrests that were made to seize contraband, for harassment, or for purposes other than obtaining a conviction. The author concludes that available data show the cost of the rule is marginal, especially in view of the ambiguous nature of the lost arrests. Moreover, it is doubtful that a good faith mistake exception would save any substantial proportion of the arrests lost following illegal searches. In particular, an exception for searches conducted under an improper warrant would save only a negligible proportion of lost arrests.     

An evolutionary step in intellectual property rights – Artificial intelligence and intellectual property

This article addresses and analyses the issues concerning the ownership of computer generated works within patents and copyright, and concludes that the current regime is woefully inadequate to deal with the growing use of more and more intuitive artificial intelligence systems in the production of such works. It considers the respective claims of interested parties to such rights before moving on to a consideration of the creation of a new legal personality to which such rights could be granted to resolve the difficulties inherent in the current system.     

Democracy and Legitimacy in the Shadow of Purposive Competence

This article argues that the way EU competences are defined plays an important role in the social legitimacy problems of the EU. The fact that its powers are purposive compels the EU to privilege narrow functional goals and act in a highly focused way. This has the consequence that politics cannot be meaningful within the EU, since essential choices of direction are pre‐empted. It also has the consequence that EU law is over‐instrumental and lacks expressive qualities, alienating the public. Now that EU law is so broad, the same defects are being imposed increasingly on Member States. Without another form of conferred power, the legitimacy of the EU, and of law and government in Europe, will be increasingly undermined. The constitutional DNA, which has been a functional success for Europe, may also be its political nemesis.     

The association of distress and denial of responsibility with maladaptive personality traits and self‐esteem in offenders

This study aimed to examine the relationship of offenders' distress and responsibility with maladaptive personality traits, self‐esteem, and offence‐type. It also further validated the Distress and Responsibility Scale (DRS; Xuereb et al., 2009a, Pers. Individ. Diff., 46, 465). A new sub‐scale measuring social desirability was included and assessed in the DRS. Maladaptive personality traits and self‐esteem were measured in relation to the following predictions: (1) that maladaptive personality traits would positively correlate with distress (2) that self‐esteem would negatively correlate with distress and acknowledging responsibility. The sample was 405 male sexual, violent, and general offenders from a UK prison. Participants anonymously completed a questionnaire measuring the variables under investigation. The factor‐structure of the DRS was confirmed via Confirmatory Factor Analysis after minor changes. No significant differences in distress and denial of responsibility were found between sexual, violent, and general offenders. Maladaptive personality traits positively correlated with chronic and offence‐related distress, chronic self‐blame, and minimization of offence harm. Chronic and offence‐related distress and responsibility negatively related to self‐esteem. The study concludes that the DRS has reached stability, and that the social desirability scale increases the measure's validity. Assessment and treatment for offence‐related distress and denial of responsibility should be offered to all offence groups. Offenders would benefit from structured interventions to manage difficulties associated with maladaptive personality traits, including chronic distress and self‐blame. Finally, it was concluded that self‐esteem might serve a self‐defensive function for offenders.     

The governance of urban regeneration: a critique of the 'governing without government' thesis

This paper offers a critique of the concept of governance as networks. Using the complementary concept of regime governance, it argues that networks are not the primary mode of governance in the politics of urban regeneration in the UK. Drawing on primary and secondary material, it is argued that Central Government is becoming more influential in the local policy arena. In the 'mix' of market, hierarchy and network, hierarchy is more pervasive than network. It is therefore argued that partnerships should be treated as a distinct mode of governance. These conclusions demonstrate that despite the fashion for copying urban policies from the USA, local politics in the UK remain very different. Ironically, the transfer of policies developed in the USA has tended to entrench divergent practices and outcomes. The UK does not, therefore, appear to be moving toward the US model of regime politics. It is concluded that the partnership and network/regime models of governance should be subjected to rigorous comparative studies.     

Redundant or Essential? How Politics Shaped the Outcome of the 1967 Protocol

The 1967 Protocol Relating to the Status of Refugees has beendescribed as an unnecessary addendum to the 1951 ConventionRelating to the Status of Refugees. However, if the 1967 Protocolwas superfluous, why did the United Nations High Commissionerfor Refugees in the early 1960s insist on its development? Thisarticle seeks to establish that the 1967 Protocol was originallyintended to encompass the broader concerns of African and Asianstates concerning refugee populations in their region. However,the political influence upon the development of internationalrefugee law radically altered the UNHCR's endeavour to makethe 1951 Convention universally accessible.