Research note: The founders and survivors project

This paper describes the multidisciplinary project Founders and Survivors: Australian Life Courses in Historical Context. Individual life courses, families and generations through the nineteenth and twentieth centuries are being reconstituted from a wide range of data including convict records; birth, death and marriage registrations; and World War I service records. The project will result in a longitudinal study of Australian settlement, the long-run effects of forced labour and emigration on health and survival, family formation, intergenerational morbidity and mortality, and social and geographic mobility.     

Fundamental rights in the EU after Kadi and Al Barakaat

This article takes stock of the emerging scholarship on the European Court of Justice's 2008 Kadi decision and seeks to make sense of the court's apparent evasiveness towards international law. The article argues that Kadi is best understood as an act of civil disobedience prompted by the UN Security Council's misapplication of foundational principles of the international order. In turn, the court's forceful articulation of the stakes in this case signals a prioritisation of basic rights within the supranational constitutional architectonic. In this respect, the ‘domestic’ constitutional implications of Kadi are just as far reaching as its consequences for the EU's status as an actor under international law.     

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.     

Intraobserver Error in Macromorphoscopic Trait Data, ,

As part of a much larger investigation into the use of macromorphoscopic trait data by forensic anthropologists to estimate ancestry from unidentified skeletal remains, we conducted a fourteen‐year (2002–2016) intraobserver error study. Motivated by the development of a large macromorphoscopic database―which will potentially utilize data collected in 2002―quantification of observer error, the impact of technological improvements in macromorphoscopic trait data collection and observer experience is necessary. To maximize comparisons between the two samples, ten macromorphoscopic traits were assessed. Results revealed three patterns of error relating to observer experience, the introduction of new technologies, and error inherent in the method. Overall, this study found the effect of error on macromorphoscopic trait analysis could be predicted and did not significantly impact their utility.     

Scanning Electron Microscopy–Energy‐Dispersive X‐Ray (SEM/EDX): A Rapid Diagnostic Tool to Aid the Identification of Burnt Bone and Contested Cremains

This study investigates the use of Scanning electron microscopy–energy‐dispersive X‐ray (SEM‐EDX) as a diagnostic tool for the determination of the osseous origin of samples subjected to different temperatures. Sheep (Ovis aries) ribs of two experimental groups (fleshed and defleshed) were burned at temperatures of between 100°C and 1100°C in 100°C increments and subsequently analyzed with the SEM‐EDX to determine the atomic percentage of present elements. Three‐factor ANOVA analysis showed that neither the exposure temperature, nor whether the burning occurred with or without soft tissue present had any significant influence on the bone's overall elemental makeup (p > 0.05). The Ca/P ratio remained in the osseous typical range of between 1.6 and 2.58 in all analyzed samples. This demonstrates that even faced with high temperatures, the overall gross elemental content and atomic percentage of elements in bone remain stable, creating a unique “fingerprint” for osseous material, even after exposure to extreme conditions.     

An open trial of an anger management treatment in a correctional facility: preliminary effectiveness and predictors of response

Despite the prevalence of anger management programs in correctional settings, there is mixed support for their effectiveness, and little is known about who benefits most. This preliminary study aimed to (1) evaluate the effectiveness of anger management for inmates, and (2) examine baseline psychopathology and midtreatment variables as response predictors. Participants were 30 incarcerated men undergoing 12-session anger management groups. Post-intervention, inmate-reported anger, and disciplinary actions decreased. Increased reported emotion regulation strategies predicted anger reduction.     

Exploitation of the Ultraviolet Properties and Machine Cut Edges of Paper to Associate and Sequence Sheets in a Ream

Previously unreported line patterns visible under ultraviolet light were observed on a proportion of plain white A4 printer/copier paper from different manufacturers. These Ultraviolet Line Patterns (UVLPs) usually appear as stripes down the vertical length of the paper. Typically, the UVLPs were found to “repeat” through the ream in a predictable way, while also changing. It is postulated that the repeating nature of the UVLPs is a result of the way that paper is manufactured. This leads to the ability to sequence the sheets compared to their original source paper. Even in the absence of UVLPs, it is possible to use our observation of the manufacturing process to anticipate the order of several sheets of paper and conclusively associate them, in some cases, by physically fitting their machine cut edges and crossing paper fibers. Such a novel approach to examining questioned documents would be highly useful in forensic casework.     

Court Sentencing Patterns for Environmental Crimes: Is There a “Green” Gap in Punishment?

Objectives

This study examines sentencing patterns for environmental crimes and tests the assumption that “green” offenders receive more lenient treatment from criminal courts than non-environmental offenders.

Methods

We present two sets of analyses. First, we present an empirical portrait of environmental felony offenses convicted in a single state (Florida) over a fifteen-year period and the resulting criminal sanctions. Second, we use a precision matching analysis to assess whether environmental offenders receive more lenient treatment when compared to non-environmental offenders with the same characteristics and offense severity scores.

Results

Findings indicate that an overall small percentage of felony convictions in state courts stem from environmental crimes. We also find that punishments for environmental crimes are more lenient than sanctions assigned to comparable non-environmental offenses when the environmental crime is ecological, but that punishments are sometimes harsher when the environmental crime involves animals.

Conclusions

The findings provide general support for the argument that courts and other formal institutions of social control treat environmental crimes more leniently than non-environmental crimes. This paper also raises important questions about citizen and state actors’ perceptions of crimes against the environment and, more generally, about the ways in which theories of court sentencing behaviors apply to environmental crime sanctioning decisions.

     

A new method for the recovery and evidential comparison of footwear impressions using 3D structured light scanning

Footwear impressions are one of the most common forms of evidence to be found at a crime scene, and can potentially offer the investigator a wealth of intelligence. Our aim is to highlight a new and improved technique for the recovery of footwear impressions, using three-dimensional structured light scanning. Results from this preliminary study demonstrate that this new approach is non-destructive, safe to use and is fast, reliable and accurate. Further, since this is a digital method, there is also the option of digital comparison between items of footwear and footwear impressions, and an increased ability to share recovered footwear impressions between forensic staff thus speeding up the investigation.