NARCOTIC ADDICTION AND CRIME

Arrest rates and self-reported criminal behavior are examined as a function of frequency of narcatic use during the addiction careers first daily narcatic use to last daily use) of a sample of 690 admissions to the California Civil Addict Program. Thirty-five percent of the addiction career non-incarcerated time involved less-than-daily or no narcatic use. During these periods. arrest rates for property crimes and self-reported criminal behavior were substantially lower than for periods of daily use. This approach to examining the relationship between crime and narcatic addiction avoids several of the methodological problems encountered in pre- and pastaddiction and pre- and pasttreatment studies.     

Presumptions in Legal Argumentation

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof.     

Malawi and the transition and adherence to multi-party democracy

In July 1993 the author served as a chairman and rapporteur of the Round Table, which facilitated the transition of Malawi to a multi-party democracy. It helped to end the life presidency of the inaugural president, Dr Hastings Kamuzu Banda. In February 1994 the author served as co-chair of the National Constitutional Conference that cleared the way on remaining differences and led to the first free elections that resulted in the election of President Bakali Maluzi. Despite occasional difficulties, Malawi has adhered to constitutionalism and repeatedly witnessed peaceful transitions of presidential power. The importance of neutral international facilitation of the transition is emphasised and described.     

Catching Them Before Too Much Damage is Done: Early Intervention with Resistance‐Refusal Dynamics

Children often need help before their parents are ready to stop fighting. Children at the center of high‐conflict disputes, particularly those who resist contact with a parent, face extraordinary risks of maladjustment. Years of investigation and litigation may precede any meaningful attempt at intervention, based on the questionable belief that all elements of causality (or blame) must be established before any effective treatment can occur. Children's functioning may continue to deteriorate during this time, undermining their future adjustment and reducing the chance of successful intervention later. We illustrate the application of the coping‐focused, multisystemic Child Centered Conjoint Therapy model to assisting these families. Methods to assist children without compromising external investigations are discussed.     

STRATEGIES AND NEED FOR SYSTEMS CHANGE

Chief Judge Judith S. Kaye of New York delivered the following address to the Millennium Conference of the National Council of Juvenile and Family Court Judges in Washington, D.C., on November 15, 1999. In it, she describes the development of the philosophy of the family court in the past century. Judge Kaye describes the family court's transition from reliance on social science to the incorporation of procedural due process guarantees in the Gault decision. She suggests that a further transformation is required to meet the needs of children and families in the 21st century. Judge Kaye proposes that in the next millennium the family court abandon the "remote adjudicator" judge who evolved after Gault to a "problem-solving model of judging… a judge who looks at the issues that are driving the caseload, who looks at the results that are being achieved, and who uses a hands-on style to figure out how we might do better both in individual cases and on a systemic level."
The New York Times described Chief Justice Kaye as, "A dedicated and effective reformer of the state's sprawling court system. Each of her hard won changes has had a positive impact." Chief Judge Kaye recently received the National Center for State Courts' William H. Rhenquist Award for Judicial Excellence in November 1999. On the occasion of the award, Roger K. Warren, president of the National Center, observed about her,"There are many who are working hard to better process the many cases that come before the state courts, but there are few working an harder or more successfully to better serve the people who use the state courts."     

PARENTING AND CRIME: AN EVIDENCE‐BASED REVIEW WITH IMPLICATIONS FOR THE NEW ZEALAND FAMILY AND YOUTH COURT

This article explores the effect parenting can have on child development. It considers child attachment theory, various parenting styles, and specific child and family factors that contribute to a child's social and emotional development. The article concludes that good parenting and good outcomes for children do not happen by chance. The foundation must be planned and made secure.     

THE SELF‐REPRESENTED LITIGANT: IMPLICATIONS FOR THE BENCH AND BAR

It is widely accepted that the number of self‐represented litigants has skyrocketed nationwide, especially in family law cases. Although nationwide comprehensive data on the number of self‐represented litigants do not exist, anecdotal evidence supports the belief that self‐representation is increasing. The challenge for courts and the entire legal profession is how to respond. Most observers in Indiana would agree that the traditional model of family law litigation—both spouses represented by lawyers settling their disputes before a judge—is no longer the norm in family law cases. Judges face a dilemma: assisting a self‐represented litigant to level the playing field against a represented party is seen by many as violating impartiality, even if the assistance is rendered to create a just result. In an effort to address the situation, the Indiana Supreme Court created the Pro Se Advisory Committee in April 2001. This article explores the long‐range implications of the issue of self‐represented litigants on Indiana's court system in hope that it will provide some insight for other jurisdictions. The first part of the article addresses the numbers of self‐represented litigants by tracking growth or declines in self‐represented cases and assessing whether there are any pockets of self‐represented litigants geographically or in certain case types. The second part of the article puts Indiana into context with the rest of the nation and reviews national trends. The third section reviews Indiana's response to self‐represented litigants over the last decade. The fourth section reviews current and ongoing projects in Indiana. The article concludes that the issue of self‐represented litigants will not fade away and that the challenge that guides the legal profession is how we provide equal access to justice for all who enter our courthouses.     

A Legacy of Harm: Punitive Drug Policies and Women’s Carceral Experiences in Canada

There is limited research on the gendered impacts of drug policies in Canada, despite the fact that women, Indigenous women in particular, are the country’s fastest growing prisoner population, with many incarcerated for drug-related crimes. This article highlights the results of a larger qualitative study with former prisoners in Ontario and community and medical experts from across the country. Focusing on the women research participants, we consider the lack of adequate and culturally-relevant substance use and harm reduction programming in federal prisons, and suggest a reformulation of Canada’s punitive drug policies toward a health and social welfare approach.