The European Judicial Organisation in a New Paradigm: The Influence of Principles of ‘New Public Management’ on the Organisation of the European Courts

Recent reforms regarding the European Courts raise the question in which way do ‘new public management’ principles influence the European judicial organisation and how is a balance struck between these principles and classic ‘rule of law’ principles? The article first presents a classification of these types of principles in the framework for discussion regarding the European judicial organisation. Starting out from two paradigms, an inquiry is made into the status of the two sets of principles in the present‐day European ‘constitutional’ framework. Second, the interaction of principles is investigated with regard to a number of current dilemmas, including the demarcation of the judicial domain, the management of the Courts and the distribution of judicial competences.     

SANE/SART Services for Sexual Assault Victims: Policy Implications

A study of 530 sexual assault cases from three jurisdictions tested the efficacy of sexual assault nurse examiner/sexual assault response team (SANE/SART) programs as a tool in the criminal justice system. Policy implications from the findings recommend a SANE training curriculum for the rape examination and biological evidence collection; SANE/SART programs for a multidisciplinary effort in the investigation and prosecution of cases, alternative disposition for cases whereby the victim and offender know each other, and a risk management plan for combating recidivism.     

Attorney communication and impression making in the courtroom

This study investigated the effectiveness of attorney communication and impression making in the courtroom. Trained in-court observers rated attorney presentations for factual and legal informativeness, organization, articulateness, and rapport during the opening statement phase of 50 trials. After the trials, jurors were asked to evaluate the attorneys' overall articulateness. enthusiasm, and likableness during the trial. The attorneys were then questioned about their own performance on these indices. The results revealed that the opening statements of prosecuting attorneys were judged by observers as better organized and more factually and legally informative than defense attorneys. However, these variables were not related to trial outcome. Juror evaluations of prosecuting attorneys more closely agreed with these attorneys' self-perceptions of courtroom performance while defense attorneys rated themselves significantly more favorably than did jurors. More courtroom experience did not generally lead to better courtroom performance during opening statements for either prosecuting or defense attorneys, and often resulted in significant overestimations of general performance relative to juror evaluations, particularly among defense attorneys. System constraints operating in favor of prosecutors and performance feedback mechanisms available to prosecutors but not to defense attorneys are discussed. These mechanisms may account for the discrepancies between juror perceptions of attorneys and attorney self-perception.     

Caught between two worlds: mainland Chinese return migration,hukou considerations and the citizenship dilemma

Issues about migrant rights and protection are raised in cases of return migration when the country that migrants return to prohibits dual citizenship although the migrant has naturalised elsewhere. This article explores the politics of membership and rights faced by former citizens returning to reside in the society they had left. Returning Mainland Chinese migrants with Canadian citizenship status have to navigate China's dual citizenship restriction and the impacts on their Chinese hukou status that confers residency, employment and social rights. This analysis also keeps in view their relationship with the country in which they have naturalised and left, namely Canada. Migrants shuttling between the two countries face a citizenship dilemma as they have limited rights in China whereas their status as Canadian citizens living abroad simultaneously removes them from some rights provided by the Canadian state. This paper thus introduces new and pressing questions about citizenship in the light of return migration trends.     

Functional anonymisation: Personal data and the data environment

Anonymisation of personal data has a long history stemming from the expansion of the types of data products routinely provided by National Statistical Institutes. Variants on anonymisation have received serious criticism reinforced by much-publicised apparent failures. We argue that both the operators of such schemes and their critics have become confused by being overly focused on the properties of the data itself. We claim that, far from being able to determine whether data is anonymous (and therefore non-personal) by looking at the data alone, any anonymisation technique worthy of the name must take account of not only the data but also its environment.This paper proposes an alternative formulation called functional anonymisation that focuses on the relationship between the data and the environment within which the data exists (the data environment). We provide a formulation for describing the relationship between the data and its environment that links the legal notion of personal data with the statistical notion of disclosure control. Anonymisation, properly conceived and effectively conducted, can be a critical part of the toolkit of the privacy-respecting data controller and the wider remit of providing accurate and usable data.     

Population data for four population groups from the United States for the eleven Y-chromosome STR loci recommended by SWGDAM

POPULATIONS: Caucasian ( n =1243), African American ( n =1605), Hispanic ( n =454), and Native American ( n =104).     

The relationship between the soft tissues and the skeletal detail of the mouth

The estimation of mouth width and lip thickness from the skull for facial reconstruction has traditionally relied upon scant scientific research and "rules of thumb" laid down by subjective interpretation and experience. This study tested these assumptions by taking caliper and photographic measurements of mouth width and interpupillary and interlimbus distances of 96 subjects and lip thickness and teeth height measurements of 95 subjects. The most reliable indicator of mouth width was found to be the interlimbus distance, and lip thickness was positively related to the height of the teeth. There were no differences in these relationships between men and women. Standards for predicting the lip thickness from the teeth height were suggested for White Europeans and Asians from the Indian subcontinent.