Assessing effective participation in vulnerable juvenile defendants

Effective participation in trial is outlined under article 6 of the European Convention on Human Rights and refers to the ability to understand and engage in trial. Juvenile defendants are often referred to psychologists or psychiatrists by their solicitors to establish ‘effective participation’ capacity. In the USA, key components to participate effectively are defined and standardised assessments available. In the UK, no formal measures exist. A consecutive series of 20 adolescents aged 12–20 years, referred by their solicitors to our service, were assessed using a standardised battery and a semi-structured interview designed to assess effective participation. Fifty-five per cent had at least one neurodevelopmental disorder. Low IQ was common and 50% had age-equivalent language scores below 10 years. Rates of depression, anxiety and PTSD were high. Knowledge about trial was poor. These findings have implications for Criminal Justice System professionals and to ensure fair trials for young defendants.     

Barry Goldwater: insurgent conservatism as constitutive rhetoric

Conservatives are generally held to be biased towards the present state of affairs, but some conservatives see the present state of affairs as so great a threat, they advocate its overthrow. They are insurgent conservatives. Scholars portray a Republican Party in the 1950s and 1960s dominated by a north-east liberal establishment confronting an emerging opposition based on anti-communism, economic liberalism and limited government. Barry Goldwater, deploying ideas developed as a long-standing opponent of the New Deal, from his experiences as a businessman, and his philosophic commitment to individualism, engaged extensively with conservatives from the mid- to late 1950s, becoming the spokesman for the developing conservative movement. Goldwater articulated an alternative, radical interpretation of conservatism. Using constitutive rhetoric, an under-used tool in the study of conservatism, this paper explores the content and message of Goldwater’s insurgent conservatism. Rather than focussing on persuasion, constitutive rhetoric focuses on the relationship between the speaker and the audience in the forging of an identity. Goldwater’s audience was already persuaded; what was needed was a common conservative identity to inspire a political movement. Goldwater did not ‘call conservatism into being,’ but his rhetoric fuelled an insurgency and constituted conservatism in a new configuration.     

Brexit and the British Constitution: a Long View

The Brexit referendum of 2016 brought a new concept to British politics, namely the ‘people’s will’, one that is seemingly at odds with conventional notions of parliamentary sovereignty, even a threat to its very existence. This article argues that although the device of the referendum is relatively new, the kind of popular control over Parliament and the executive that it invokes has long been a part of British politics. Ranging over 200 years, examples are drawn from the recall and deselection of MPs, mass petitioning campaigns, the role of the Speaker, and the flourishing of independent parties.     

Notes and comments "High and dry?" The Public Readiness and Emergency Preparedness Act and liability protection for pharmaceutical manufacturers

In an era filled with fears of bioterrorism, Congress approved the Public Readiness and Emergency Preparedness Act (PREPA) to encourage development of vaccines and other countermeasures. By providing pharmaceutical manufacturers with protection from liability for potential side effects, Congress has attempted to motivate manufacturers to produce a national stockpile of countermeasures. As part of PREPA, the government established a compensatory system intended to provide compensation to persons injured by countermeasures used during a public health emergency. Although the Act provides for a compensation fund, it fails to allocate monies for that fund. Thus, in the absence of further congressional action, PREPA will not provide compensation to those injured by countermeasures. Failing to assure the American public of a compensation program constitutes bad public policy and risks inspiring potential vaccinees to refuse necessary drugs. Additionally, arguments as to the constitutionality of the Act exist should Congress fail to adequately fund the program, and the existence of those arguments undermines the purpose of the Act--namely to assure pharmaceutical manufacturers that they will not be sued into oblivion should they attempt to aid national pandemic protection. In addition to detailing both the Act and the statutory precedent for congressional attempts to spur biodefense, this Article addresses important issues of healthcare, tort, and constitutional law that will continue to manifest themselves in this new era of bioterrorism.     

Physician-assisted suicide: legal and ethical considerations

As medicine's technical limits have become increasingly clear, Americans seem more willing to address end-of-life decisionmaking. A major development during the 1990s was physician assistance in dying: physician-assisted suicide in Michigan, Oregon's Death with Dignity Act, and developments in Europe, most notably The Netherlands. This evolution toward recognizing the appropriateness of assistance in dying raises legal and ethical issues for physicians and healthcare institutions such as nursing facilities and acute care hospitals. These issues include the effects on providers' values systems, the trust between patient and provider, and the "slippery slope" that voluntary, active assistance in dying will become involuntary, active assistance. This Article addresses the policy issues that institutions must confront in a changing environment.     

The Process is the Punishment: Criminal Libel and Political Speech in Canada

The number of U.S. states with criminal libel laws has been steadily declining since the 1960s, and the offense has been struck down in the United Kingdom and several former British colonies. In Canada, however, criminal libel not only continues to exist, but appears to be enjoying a resurgence, albeit one that has flown beneath the radar of Canadian lawyers, judges, and journalists, who frequently assert that criminal libel prosecutions are rare. The research reported in this article found more than 400 prosecutions since the beginning of the twenty-first century. While many of these cases were brought against people who disseminated sexual slurs against former romantic partners, in a substantial number of cases criminal libel law was used to punish citizens’ political speech, particularly speech critical of police or other justice system officials, a use wholly inconsistent with the Canadian Charter of Rights and Freedoms.     

‘An error is feedback’: the experience of communication error management in crisis negotiations

A range of studies have examined what should be said and done in crisis negotiations. Yet, no study to date has considered what happens when an error is made, how to respond to an error, and what the consequences of errors and responses might be on the negotiation process itself. To develop our understanding of errors, we conducted 11 semi-structured interviews with police crisis negotiators in the Netherlands. Negotiators reported making errors of three types: factual, judgment, or contextual. They also reported making use of four types of response strategy: accept, apologize, attribute, and contradict. Critically, the negotiators did not perceive errors as solely detrimental, but as an opportunity for feedback. They advocated for an error management approach, which focused on what could be learned from another person’s errors when looking back at them. Suggestions for improvement of the communication error management experience in crisis negotiations are discussed.