A human rights-based approach to sex offender management: The key to effective public protection?

Abstract

This paper outlines recent ‘public protection’ legislation in the United States of America as a basis for considering possible outcomes when public concern and political pressures combine without due regard for efficacy and appropriate balance. It highlights concerns about the implications of policy measures developing in this way and questions whether a human-rights based approach should be applied in terms of public protection policy in order to develop more effective public protection.     

The Virtual War on Terror: Counterterrorism Narratives in Video Games

Over the past decade, a great deal of research has been done to analyze the ways in which popular media, especially movies and television shows, construct fictional terrorist threats. However, little attention has been given to the extremely popular genre of counterterrorism video games and how they fit into the War on Terror media narrative. Counterterrorism video games reflect many of the themes of other media about terrorism, such as the demonization of terrorist enemies and the exaggeration of terrorist threats. However, video games strengthen these themes to make the threat of terrorism appear more pervasive and imminent. Consequently, counterterrorism games display an intensified vision of the War on Terror narrative, in which the entire world is a war zone. This leads game narratives to simulate and justify more extreme state responses to terrorism.     

The Trafficking in Persons Report: a game of risk

The State Department ranks countries on adherence to minimum standards set forth by the Trafficking Victims Protection Act 2000. The Trafficking in Persons Report (TIP) is updated annually and failure to enact changes to combat trafficking results in higher tier rankings. This paper evaluates the TIP by situating this tool in light of special features of the modern era, such as globalization and risk. Through a survey of the theoretical literature on risk and on trafficking risk factors, we devise six preliminary risk clusters and discuss how the TIP could incorporate governments’ response to trafficking risk factors into the ranking system. Our intentions are to spark debate about how risk factors could be incorporated in the TIP, to provide a preliminary model and to encourage further research in this area.     

MWB Business Exchange Centres Ltd: The Practical Benefit Doctrine Marches On

In MWB Business Exchange Centres Ltd v Rock Advertising Ltd the Court of Appeal held that when an ongoing contract is varied so that one party's obligation to pay money is reduced, the variation is binding as long as the other party receives a practical benefit. In doing so, the Court of Appeal effectively confined the rule in Foakes v Beer to one‐off payments. This raises serious questions about the continued survival of Foakes v Beer. On the other hand, the Court of Appeal ensured that Foakes v Beer would not be killed off via equity by moving away from the suggestion in Collier v P & M J Wright (Holdings) Ltd that an agreed part‐payment of a debt by a debtor will always raise an estoppel preventing the creditor from demanding the remainder of the debt.     

Differences in the Validity of Self-Reported Drug Use Across Five Factors: Gender,Race, Age,Type of Drug,and Offense Seriousness

This study expands our knowledge about the validity of self-reported drug use by examining how gender, race, age, type of drug, and offense seriousness interact to affect the validity of self-reported drug use. This study also provides a conceptual framework that can be used to examine the validity of self-reported drug use. Differences in the validity of self-reported drug use are explained by examining differences in underreporting and overreporting. Differences in underreporting and overreporting are then further examined while controlling for differences in base rates of drug use. As shown, whether one controls for base rates of use may drastically affect estimates of underreporting and overreporting. By using hierarchical loglinear, logit, and logistic regression models with the Drug Use Forecasting data, we show that Black offenders provide less accurate self-reports than White offenders. Black offenders do so because they are more likely to underreport crack/cocaine use than White offenders. This difference, however, disappears once differences in base rates are controlled. A Black offender who tests positive is not more likely to underreport crack/cocaine use than a White offender who tests positive. Black offenders are also more likely to overreport both marijuana and crack/cocaine use relative to White offenders. Contrary to the first, this difference is not attributable to a difference in base rates. Methodological and substantive implications of this distinction are discussed. No differences across gender, age, or offense seriousness were found.

Characteristics and Prediction of Cranial Crush Injuries in Children*†

Abstract: This study documents four clinical cases of fatal crush injuries to children between 1.5 and 6 years of age with correlations between modeled stress and clinically observed fracture patterns. The clinical case fractures were concentrated in the basicranium, bridged the impact sites, and traversed the middle cranial fossa in the area of the spheno‐occipital synchondrosis. The crushing forces from these cases were recreated on a simplified finite element model of a cranium by applying bilateral pressures to corresponding regions. Numerous trials were run to develop a representative pattern of principal stress directions. In all cases, the highest tensile stresses were located on the basicranium and corresponded to the observed fracture path(s). These results suggest that prefailure stress field diagrams may predict fracture propagation paths, although these will not be exact. Also, these analyses indicate that quasi‐static bilateral loading of the cranium may lead to predictable fracture of the basicranium.     

Ruptured cerebral artery aneurysm and bacterial meningitis in a man with osteogenesis imperfecta

This report describes a 38-year-old man with osteogenesis imperfecta who died of a ruptured cerebral artery aneurysm and bacterial meningitis. He had multiple long bone fractures in the past, and approximately 4 months before death, he had surgery to relieve symptoms of basilar impression. The surgery was complicated by a postoperative wound infection. For the next 4 months, he had intermittent headaches and vomiting. He was found dead in his bed at home. At autopsy, he had a ruptured anterior communicating artery aneurysm and bacterial meningitis. Cerebrospinal fluid and blood cultures had growth of Staphylococcus aureus. Osteogenesis imperfecta is a disorder of type I collagen. Type I collagen is present in many tissues, including blood vessels. The etiology of cerebral artery aneurysm formation is multifactorial. Some patients with cerebral artery aneurysms have been shown to have abnormalities in type III collagen. There has not been a reported relationship made between abnormalities in type I collagen and aneurysms. Meningitis can also result in cerebral artery aneurysms, but they are usually due to Aspergillus or Mycobacterium species. The case we report is unique; cerebral artery aneurysm formation may have been due to osteogenesis imperfecta and/or bacterial meningitis.     

Does “Real-Freedom-for-All” Really Justify Basic Income?

We here examine Philippe Van Parijs's concept of "real freedom" which justifies in his view the introduction of a basic income. What we call into question is whether this concept can be understood, as Van Parijs argues, as the counterfactual freedom to do what one might want to do, that is as a notion of freedom based on the idea of potential desire. We oppose to it an alternative conception of "real freedom" related, first, to a notion of basic needs which a well-ordered society can satisfy by means of compensation, second, to a notion of social mediation in the evaluation of individual preferences. In this way we restore the relationship between freedom and desire, which allows us to take into account the conception the social actors have of their own freedom, more than does the too abstract conception of freedom based on the idea of potential desire.     

CHALLENGES FACING CROSSOVER YOUTH: AN EXAMINATION OF JUVENILE‐JUSTICE DECISION MAKING AND RECIDIVISM

Although a substantial amount of research documents the increased likelihood of maltreated youths to engage in delinquency, very little is known about them once they cross into delinquency. These youths are often referred to as “crossover youth,”“dual jurisdiction,” or “dually involved” youth, and based on a growing amount of research, it appears these youths face a number of challenges. They have significant educational problems, high rates of placement changes and high rates of substance abuse and mental health problems, and when they enter the juvenile justice system, they are more likely to stay longer and penetrate deeper into the system then their nonmaltreated counterparts. Using data from Los Angeles County (N= 581), the purpose of this study is to identify what characteristics among a crossover population are more likely to result in receiving harsher dispositions and higher recidivism rates.