A Study of the Impact of Diversion and Community-Based Treatment on the Bucks County Juvenile Justice System, 1974–1979

This study examines the changes in three variables associated with the processing of delinquent youth by the Juvenile Court from 1974 through 1979. The data on numbers of youth referred to court, on adjudicatory probation and committed to public and private institutions is examined for a three-year period prior to significant court diversion and community-based treatment (1974–1976), and compared with a three-year period during which many diversionary services and treatments occurred (1977–1979). Data is also studied from two counties similar to Bucks in youth population-Delaware and Montgomery counties. The results show significant changes within Bucks County: a 9 percent decrease in total court referrals while Delaware experienced a 63 percent increase and Montgomery a 28 percent increase; significant reduction of probation in Bucks, a slight reduction in Montgomery and a 28 percent increase in Delaware County; and most importantly in terms of service costs, institutional commitments increased only 17 percent in Bucks, while increasing 63 percent in Montgomery and 208 percent in Delaware. Data on total reported offenses (crime rates) does not indicate major differences among the three counties; rather there seems to be variation in the types of services and processing of troubled youth which have resulted in 45 percent lower costs for the juvenile probation services in Bucks County.     

Violent Sex Offenses: How are They Best Measured from Official Records?

In the United States, sexually violent predator (SVP) commitment statutes generally require assessment of an offender's risk of subsequent sexual violence. Current actuarial methods for predicting sexual reoffending were actually designed to predict something else—charges or convictions for offenses deemed sexual based on information obtained from police “rapsheets” alone. This study examined the referral and past offenses of 177 sex offenders. Results showed that police rapsheets (and data based on them) underestimated the number and severity of sexually motivated violent offenses for which sex offenders were actually apprehended. Rapsheet violent offenses seemed a more accurate index of the conduct addressed by SVP legislation than were rapsheet sex offenses. We suggest that, when evaluating sex offenders for SVP status, actuarial instruments designed to predict violent recidivism (as measured by rapsheet violent reoffenses) might be preferable to those designed to predict sexual recidivism (as measured by rapsheet sexual reoffenses).

Training in the Strategic Use of Evidence technique: Improving deception detection accuracy of American law enforcement officers

The Strategic Use of Evidence (SUE) approach is a framework for planning and executing suspect interviews with the aim of facilitating judgments of truth and deception. US law enforcement officers (N = 59) either received training in the SUE approach or did not. Each officer interviewed a mock suspect (N = 59) who had either committed a simulated security breach or had completed a benign task. The officers who received SUE training interviewed in line with the training: They questioned the suspect systematically, withheld the evidence and critical case information until after questioning, and relied on statement-evidence inconsistency to detect deceit. Consequently, SUE-trained interviewers achieved a higher deception detection accuracy rate (65%) compared to untrained interviewers (43%).     

From Balance to Conflict: A New Constitution for the EU

As the crisis (and the Union's response to it) further develops, one thing appears clear: the European Union post‐crisis will be a very different animal from the pre‐crisis EU. This article offers an alternative model for the EU's constitutional future. Its objective is to invert the Union's current path‐dependency: changes to the way in which the Union works should serve to question, rather than entrench, its future objectives and trajectory. The paper argues that the post‐crisis EU requires a quite different normative, institutional and juridical framework. Such a framework must focus on reproducing the social and political cleavages that underlie authority on the national level and that allow divisive political choices to be legitimised. This reform project implies reshaping the prerogatives of the European institutions. Rather than seeking to prevent or bracket political conflict, the division of institutional competences and tasks should be rethought in order to allow the EU institutions to internalise within their decision‐making process the conflicts reproduced by social and political cleavages. Finally, a reformed legal order must play an active role as a facilitator and container of conflict over the ends of the integration project.     

Three Sorries and You’re In? Does the Prime Minister’s Statement in the Australian Federal Parliament Presage Federal Constitutional Recognition and Reparations?

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”.     

Reconciling Independence and accountability at the European Central Bank: The false promise of Proceduralism

This article revisits the balancing act between independence and accountability at the European Central Bank (ECB). It contrasts procedural and substantive concepts of accountability, and challenges the mainstream idea that independence and accountability can be reconciled through narrow mandates, the indiscriminate increase of transparency, the creation of multiple channels of accountability, and the active use of judicial review. These assumptions form the pillars of a procedural type of accountability that promises to resolve the independence/accountability dilemma but fails to do so in practice. The article brings evidence to show how ECB accountability has become a complex administrative exercise that focuses on the procedural steps leading up to monetary and supervisory decisions while simultaneously limiting substantive accountability. The failure to acknowledge the trade‐off between independence and accountability (said to be ‘two sides of the same coin’) has resulted in a tendency to privilege the former over the latter.     

Enhancing Data-Driven Law Enforcement Efforts: Exploring how Risk Terrain Modeling and Conjunctive Analysis Fit in a Crime and Traffic Safety Framework

Law enforcement’s examination of vehicle crashes is often nested in the Data-Driven Approaches to Crime and Traffic Safety (DDACTS) framework which highlights the importance of hot spot analysis. To assist law enforcement efforts, this study explores how two additional spatial techniques, namely risk terrain modeling (RTM) and conjunctive analysis of case configurations (CACC), could be incorporated within the DDACTS framework. RTM was utilized to identify how the built, physical environment contributed to the risk of traffic incidents. RTM identified 6 risk factors related to the occurrence of vehicle crashes, and high-risk places were compared to hot spots on predictive accuracy. CACC was used to explore configurations likely to result in traffic incidents for the priority places. Our findings support the Theory of Risky Places and fit within a vulnerability-exposure framework, providing law enforcement with guidance for identifying places where vehicle crashes are likely to occur in the future. In addition to providing insight for law enforcement, we discuss how law enforcement can develop working partnerships with stakeholders capable of preventing and/or reducing traffic incidents, which is in line with the general DDACTS framework.