Dealing with the Unthinkable: a Study of the Cognitive and Emotional Stress of Adult and Child Homicide Investigations on Police Investigators

Although the death of a child is without doubt one of the most distressing events imaginable, when it occurs in suspicious circumstances, such as at the hand of a parent or close family member, its effects are often more acute and incomprehensible. This paper presents an exploratory study comparing the cognitive and emotional stressors experienced by police when investigating child and adult homicides. The results of an online survey questionnaire with 99 experienced UK police investigators are presented, with key differences found in the cognitive and emotional stress experienced depending on whether the victim is a child or an adult, key differences and similarities identified in the ways investigators deal and cope with adult and child homicide cases, with a tentative discussion of the implications for the well-being and training of police investigators provided.     

尊宪守宪，行宪护宪——纪念现行宪法公布施行三十周年

30年前的12月4日，五届全国人大五次会议通过了现行宪法。这是新中国颁布的第四部宪法，与广纳民意、深得民心的1954年宪法一脉相承，同“文革”色彩鲜明的1975年宪法、“左”的思想尚未彻底清除的1978年宪法进行了果断切割。现行宪法根据改革开放新时期的使命和任务，全面体现了党在社会主义初级阶段的基本路线，     

A critique of quantitative measures of the degree of democracy in Israel

The question addressed in this study is: ‘How accurate and meaningful are quantitative measures of the degree of democracy in Israel?’ With the increasing use of such measures in studies of democracy, an answer to this question becomes increasingly important. The Freedom House and Polity IV measures of democracy in Israel contend that there is a very high level of democracy, but their characterization is contradicted sharply by the views of many scholars. In seeking to account for this contradiction, we will assess the accuracy and meaningfulness of the two quantitative measures. We find that both empirical and conceptual problems affect the utility of the measures. Empirical inaccuracies are suggested by three findings: the role in Israel's democracy of the largest minority group, the Israeli Arabs, is ignored or substantially discounted; the discrepancies between the two indices suggest that at least one of them is not capturing empirical reality accurately; and neither index seems very sensitive to democracy-related events in the country. The degree to which these empirical findings are indicators of inaccuracies is dependent upon the conceptualization of democracy. Conceptually, the indices differ from each other and from the concepts used by many others who examine Israeli democracy. Two conclusions are reached: the indices measure imperfectly what they call Israeli ‘democracy’. Furthermore, a prima facie look at the scores characterizing democracy in other countries suggests that the ‘democracy’ they measure in Israel is not the same as the ‘democracy’ they measure elsewhere. The implications are several: on the academic side, the accuracy of general knowledge developed using these measures becomes questionable. On the practical side, the indices contribute little to knowledge that may be applied to overcoming the complex problems democracy in Israel is facing or the building of democracy in other countries of the Middle East. Thus, their accuracy and meaningfulness is limited.     

Theorising Children's Rights in Youth Justice: The Significance of Autonomy and Foundational Rights

This paper develops a theoretical approach to children's rights in youth justice, located within a wider rights‐based theory of criminal justice which emphasises the centrality of citizens' autonomy. Understanding what is special about children's rights in the youth justice system requires an understanding of how children's autonomy differs from that of adults. One difference is that within the legal system children are not considered to be fully autonomous rights‐holders, because childhood is a time for gathering and developing the assets necessary for full autonomy. These assets should be protected by a category of ‘foundational’ rights. It is argued that an essential component of a rights‐based penal system for children is that it should not irreparably or permanently harm the child's foundational rights. The concept of foundational rights can then underpin and strengthen international children's rights standards, including those relating to the minimum age of criminal responsibility, differential sentencing for children and adults and a rights‐based system of resettlement provision.     

Walter Scott and the Reform of the Scottish Judicature 1806–10

The significance of the effort to reform the Court of Session in the early nineteenth century lies in the fact that it represented the first time Westminster had proposed to alter a key Scottish institution protected by the articles of the 1707 Act of Union. Scott as a Clerk of Session played a crucial role in the process, initially resisting reform and then undertaking to shape it. At the same time, his literary patriotism as Britain's best-selling poet was criticized by Britain's most famous cultural critic, Francis Jeffrey, a fellow member of the Faculty of Advocates. Jeffrey as editor of the Edinburgh Review wrote a controversial review of Scott's best-selling poem about the Battle of Flodden, Marmion, which accused Scott of being too ‘English’ in his treatment of this Scottish tragedy. And yet, more than Jeffrey, Scott was opposed to the Whig project of reforming Scottish law to make it more ‘constitutional’ or ‘English’. Using original documents held by the National Archives of Scotland, the Advocates Library, and the National Library of Scotland, this article examines Scott's role in making this controversy a matter of interest for both British literature and legal history.