Smoke but no fire,convicting the innocent of crimes that never happened. By Jessica S. Henry (University of California Press)

Crime, Law and Social Change -     

Prison in Iran,a known unknown; by Nahid Rahimipour Anaraki

Crime, Law and Social Change -     

Death as a Penalty and the Fantasy of Instant Death

In this essay I take up the question of how death can be a penalty, given that each of us will eventually die. I argue that capital punishment in the United States rests on contradictory demands for painless death delivered humanely through pharmaceuticals and yet denies the accused the possibility of natural death. The death penalty must be at once humane and punishing. Analyzing what we mean by ‘botched’ executions, along with the language of the Supreme Court in upholding lethal injection as a humane application of the death penalty, I argue that the fantasy of instant death is at the heart of the tension between death as painless and death as penalty. In the end, I turn to Derrida’s Death Penalty Seminar Volume One, particularly his discussion of Kant’s defence of the capital punishment, and the pivotal role of time in his discussion. Finally, I suggest that the fantasies of instantaneous death and our technological mastery of it result in the fantasy of the ‘good’ punishing death.     

A conceptual kaleidoscope: contemplating ‘dynamic structural risk’ and an uncoupling of risk from need

ABSTRACT

Recent calls for ‘evidence-based’ approaches have firmly positioned risk assessment as a promising path towards more efficient, unbiased, and empirically based offender management, in custody and in the community. Simultaneously, sociological and critical legal scholars have questioned the focus on individual needs at the expense of wider structural factors’. I will demonstrate the need to reconceptualise risk/need logics and the use of ‘evidence’. I will argue that various criminal justice processes are themselves dynamic criminogenic risks that produce systemic conditions for recidivism and which, if modified, could make a measurable difference in recidivism and other correctional efficiencies. Finally, I will argue that the logic of dynamic risk is transferable to an analysis of socio-structural factors, and that this characterisation can alter the framing of penal subjects, governmental responsibilities, and potentially interrupt the systemically produced criminogenic pathways that perpetuate criminal involvement and marginalisation.     

The effectiveness of various strategies to improve DNA analysis of formaldehyde-damaged tissues from embalmed cadavers for human identification purposes

Formalin-fixed tissues provide the medical and forensic communities with alternative and often last resort sources of DNA for identification or diagnostic purposes. The DNA in these samples can be highly degraded and chemically damaged, making downstream genotyping using short tandem repeats (STRs) challenging. Therefore, the use of alternative genetic markers, methods that pre-amplify the low amount of good quality DNA present, or methods that repair the damaged DNA template may provide more probative genetic information. This study investigated whether whole genome amplification (WGA) and DNA repair could improve STR typing of formaldehyde-damaged (FD) tissues from embalmed cadavers. Additionally, comparative genotyping success using bi-allelic markers, including INDELs and SNPs, was explored. Calculated random match probabilities (RMPs) using traditional STRs, INDEL markers, and two next generation sequencing (NGS) panels were compared across all samples. Overall, results showed that neither WGA nor DNA repair substantially improved STR success rates from formalin-fixed tissue samples. However, when DNA from FD samples was genotyped using INDEL and SNP-based panels, the RMP of each sample was markedly lower than the RMPs calculated from partial STR profiles. Therefore, the results of this study suggest that rather than attempting to improve the quantity and quality of severely damaged and degraded DNA prior to STR typing, a more productive approach may be to target smaller amplicons to provide more discriminatory DNA identifications. Furthermore, an NGS panel with less loci may yield better results when examining FD samples, due to more optimized chemistries that result in greater allelic balance and amplicon coverage.     

PARENTING COORDINATION AND COURT RELITIGATION: A CASE STUDY

This case study explores the degree to which the number of court motions changed 1 year after parenting coordination was implemented with high-conflict co-parenting couples and examines the parents' demographic profile. Findings indicate a reduction of approximately 75% in child-related court filings, as well as a 40% decrease in other motions, resulting in a decrease of 50% in all motions filed, thus saving these once high-conflict couples, and the court, significant time and resources. The diverse demographic profile illuminates training and research implications regarding the use of parenting coordination as an intervention for high-conflict co-parenting couples.     

The Resource Center for Separating and Divorcing Families: Interdisciplinary Perspectives on A Collaborative and Child‐Focused Approach to Alternative Dispute Resolution

The Resource Center for Separating and Divorcing Families (RCSDF) is a teaching model for providing interdisciplinary services to separating and divorcing families. The model was developed by the Honoring Families Initiative at the Institute for the Advancement of the American Legal System at the University of Denver. Services are provided by graduate and law students at the University of Denver, working side‐by‐side with a supervising licensed attorney, psychologist, and social worker. The experiential and interdisciplinary model of teaching and providing direct client services is the first of its kind in the United States. RCSDF students and staff seek to empower parents to make positive decisions about their family's future in a supportive and educational environment.

Key Points for the Family Court Community
• The current system of preparing graduate and law students for careers in family law is in need of improvement. This article provides information for educators and the family law community about the impact of interdisciplinary and experiential learning for students.
• Parents going through the transition of separation or divorce experience psychological and financial stressors that can create serious behavioral and adjustment issues for their children. The RCSDF works in a holistic manner with parents and children to minimize the levels of stress and anxiety during the transition.

     

From ‘trial and error’ to major reform: The politics of Medicare demonstration projects

Facing fragmented institutions and partisan polarization, officials in the United States often attempt to engineer policy change without assembling new legislative majorities. To this end, they have increasingly employed demonstration projects, policy innovations undertaken by administrative agencies designed to test alternative approaches to implementation or service delivery on a limited segment of the target population and for a limited period of time. Despite the increasing importance of demonstration projects, they are an undertheorized source of policy change. In this article, we conceptualize demonstration projects as part of a class of experimental institutions that, while incremental in scope, have the potential to ‘scale up’ into more substantial reforms. Data from three Medicare demonstrations suggest that policy change is more likely when programmes generate strong support constituencies; minimize administrative and infrastructural costs; are undertaken in contexts with few veto points; and align with the time horizons of elected officials.     

The Australian Government’s “White Paper on Reform of the Federation” and the Future of Australian Local Government

The Abbott Government announced its White Paper review of the Australian Federation on June 28, 2014. Set against this backdrop, discussions of the future of Australian local government may provoke an assumption that its role will be cruelled. However, reflection suggests that such an assumption is misplaced. In particular, when the complexities of regionalism in Australia are considered, the potential role of local government begs revisiting. We argue that local government ought to adopt a forthright position in the current debate, particularly with respect to financial reform.