Improving Juvenile Dependency Case Timeliness Through Use of the One Family,One Judge Model

Motivated by the timelines set forth by the Adoption and Safe Families Act of 1997, courts are working toward moving cases safely and expeditiously through the juvenile dependency court system. One strategy to improve timeliness is the implementation of a one family, one judge (OFOJ) model. This study examines the effects of OFOJ implementation on timeliness of case processing. Implementation of the OFOJ model showed a trend toward improved timeliness. Post‐OFOJ cases were quicker to reach case closure than pre‐OFOJ cases. Every additional judge on the case increased time to permanency (i.e., case closure) by 31 days, which means children are spending one additional month in care per judge. Resolving cases quicker could improve the courts' ability to meet statutory timelines, and could lead to better outcomes for children and families.     

Police GPS Surveillance on Vehicles and the Warrant Requirement: “For a While I’ve Been Watching You Steady”

The global positioning system (GPS) has become ubiquitous to modern American life. The system supplies direction for travel through navigation systems as well as employee monitoring capabilities (Rosenberg Washington Journal of Law, Technology, and Arts 6:143–154, 2010). Law Enforcement has also found GPS to be a valuable tool. The technology provides a relatively cheap and highly effective way to monitor a suspect’s movement. Depending on the device, travel data can be reported in real time or be retrieved from the implanted device at intervals (Shah Journal of Law, Technology, and Policy 2009:281–294, 2009). This paper will first explore the core foundational Fourth Amendment cases that shape the use of GPS devices by law enforcement. Next, the federal circuits and state supreme courts’ decisions that have addressed the use of GPS will be reviewed. Third, the case of U.S. v. Jones (2012), which was recently decided by the United States Supreme Court, will be examined. Last, the policy implications of the current legal landscape regarding the use of GPS by police will be discussed.     

用ESI-TOF-MS分型技术检测线粒体DNA高变区碱基组成的多态性

目的 用ESI-TOF-MS分型技术检测线粒体DNA的D环高变区,通过碱基组成分析其多态性.方法 在PLEX-ID技术平台上,分别对mtDNA高变区1(HVⅠ,15924-16428nt)和mtDNA高变区Ⅱ(HVⅡ,31-576 nt)进行碱基组成分析,考察mtDNA在华东汉族人群的多态性,并将该技术应用于一例特殊的亲子鉴定案件.结果 用ESI-TOF-MS分型技术检测线粒体DNA,在高变区Ⅰ的8个区段检见碱基组成的多态性,在mtDNA高变区Ⅱ的10个区段检见多态性.在所应用的亲子鉴定案例中,线粒体DNA标记成了常染色体STR基因座的重要补充,经高变区Ⅰ和高变区Ⅱ的碱基组成检测,最后排除了非母.结论 ESI-TOF-MS检测mtDNA的技术具有良好的应用前景,在一些特殊的案件中,该法可为最终获得可靠鉴定结论提供技术支撑.     

推行社区警务，确保街区安全

与反应式警务(“incident-oriented”policing)相比较,有时“修复破窗户”(“fixingbrokenwindows”)确实更能降低犯罪率。社区警务的工作核心就是“修复破窗户”,推行社区警务是对反应式警务所存在的不足的一个有益的修正。     

我国仲裁证据制度的若干法律问题探讨

在仲裁制度中,证据规则对于当事人的实体权利影响非常大,对于仲裁效率与公正的实现亦十分重要。我国《仲裁法》对仲裁程序中的证据收集与保全作出了规定,但与国际通行规则相比显得明显不足。本文在考察有关国家和联合国相关方面规定的基础上,认为要更好地促进我国仲裁事业的发展,必须进一步完善我国的仲裁证据规则,现有的不足必须通过司法的支持最终通过立法的完善以及司法的进一步支持获得解决。     

广州仲裁委员会十年发展述评

广州仲裁委员会成立已近十年,为及时总结经验,明确今后努力的方向,有必要对广州仲裁委员会过去十年的发展情况作一总结性回顾。本文首先简单回顾了广州仲裁委员会的成立与中国仲裁制度改革的关系,然后对广州仲裁委员会近十年的发展情况进行了统计学分析,最后就广州仲裁委员会的成功经验进行了总结,并对广州仲裁委员会未来的发展进行了展望。     

Balancing Procedures and Outcomes Within Democratic Theory: Core Values and Judicial Review

Democratic theorists often distinguish between two views of democratic procedures. 'Outcomes theorists' emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, 'proceduralists' emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy.     

Nonfracture-associated fatal fat embolism in a case of child abuse

Fatal fat embolism is usually thought of as a sequel to long-bone fracture, although cases secondary to soft tissue injury and atraumatic conditions have been infrequently reported. In this case of a two-year-old child-abuse victim who sustained multiple blunt traumatic injuries without skeletal fractures, pulmonary and systemic (brain and kidney) fat emboli were identified. At autopsy, all thoracic and abdominal viscera were intact; cranial contents exhibited only diffuse symmetrical petechial hemorrhages of the white matter. Because of the severe and widespread nature of soft tissue hemorrhage, and the absence of a grossly discernible cause of death, fat embolism was suspected. Using a combination of frozen section with oil red O staining and formalin-fixed osmium stained tissues, the immediate cause of death was determined to be diffuse fat embolism. Review of the literature reveals a pathophysiologic basis for fat embolism in the absence of fracture, both as a consequence of an acute increase in local pressure at the site of trauma and an alteration of the emulsification of blood lipids during shock. In light of these findings, we present this case to remind the forensic science community to consider fat embolism as the cause of death in cases of blunt-force injury without fracture.