LEGACIES OF WAR

In this article nongovernmental organization (NGO) workers Channapha Khamvongsa and Elaine Russell discuss the massive illegal U.S. bombing of Laos between 1964 and 1973 and its lingering human, economic, and ecological toll. They survey the history of foreign intervention in Laos, with special emphasis on the cold war-era civil war and U.S. intervention. The authors describe continuing civilian casualties and obstacles to development posed by unexploded ordnance (UXO) in Laos, and detail current efforts for UXO removal. The authors propose a formal reconciliation process between the United States and Laos in which the U.S. government would accept responsibility for the long-term effects of the bombing and the governments would cooperate with NGOs and the United Nations in a transparent process to fund UXO removal.     

‘Unhomely moments’: Civilising domestic worlds in colonial Australia

This article explores the multiple connections between the colonisation of Australia in the nineteenth century and the formation of domestic worlds as the site for ‘civilising’ children. The affective bonds of family were often regarded as an indispensable element in the nurture and training of children, but where the bonds of ‘natural affection’ seemed to pose an obstacle to the civilising project, they were ruthlessly severed.     

Referrers' views of structured professional judgement risk assessment of sexual offenders: A qualitative study

Abstract

The Risk for Sexual Violence Protocol is a structured professional judgement (SPJ) tool that aids risk assessment of sexual violence. It is widely used internationally. The aim of this study was to explore the clinical practice of SPJ risk assessment and risk management through qualitative analysis of the accounts of users of these assessments. Questionnaires and semi-structured interviews were conducted with a sample of 31 criminal justice professionals in southeast Scotland. The participants' accounts were explored using the framework method. Five themes emerged from this analysis: informing risk management; confirming what was known and giving weight; understanding personality; treatment; and the usefulness and limitations of risk assessment. The participants reported that the assessments were influential with respect to risk management. The study revealed some important implications for service development. The authors suggest possible future use of the framework method in research investigating the risk assessment of sexual violence.     

An Overview of the Courts Catalyzing Change Preliminary Protective Hearing Benchcard Study

This paper presents an overview of the Courts Catalyzing Change: Achieving Equity and Fairness in Foster Care Preliminary Protective Hearing Benchcard Study. In the fall of 2009, the National Council of Juvenile and Family Court Judges (NCJFCJ) began a study to examine the effects associated with judges' use of the Preliminary Protective Hearing Benchcard. For this study, data were gathered from case file information (both court and agency files) and from courtroom observations of more than 500 children in Los Angeles, California; Omaha, Nebraska; and Portland, Oregon. Data from a baseline sample were collected at each of the three sites, and judicial officers at each site were randomly assigned to either a Benchcard group or a control group. Benchcard implementation appears to be associated with more discussion and higher quality discussion of key dependency topics during preliminary protective hearings. Benchcard implementation also corresponds to increased judicial inquiry and parental engagement. Benchcard use also was associated with more family placements—placement with a charged parent, a non‐charged parent, or a relative—at the initial hearing and even more family placement at adjudication when comparing the same judges before and after Benchcard implementation. Similarly, the percentage of children who were reunified with the charged parent at the initial hearing and the adjudication hearing increased after Benchcard implementation.     

Thinking Sexual Difference Through the Law of Rape

2013 marks 10 years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to reporting, prosecution or conviction rates. This article argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s (defective) other. This construction both constricts the frame in which women’s sexuality can be thought and distorts the harm of rape for women. It also continues woman’s historic alienation from her own nature and denies her entitlement to a becoming in line with her own sexuate identity. Using Luce Irigaray’s critical and constructive frameworks, the article seeks to imagine how law might ‘cognise’ sexual difference and thus take the preliminary steps to a juridical environment in which women can more adequately understand and articulate the harm of rape.     

Public images of political parties: A necessary evil?

The debate on citizen images of political parties is long standing, but recently it has taken on added importance as the evidence of party dealignment has spread across Western democracies. This article assembles an unprecedented cross-national array of public opinion data that describe current images of political parties. Sentiments are broadly negative, and this pessimism has deepened over the past generation. Then, we demonstrate how distrust of parties decreases voting turnout, contributes to the fragmentation of contemporary party systems and the electoral base of new protest parties, and stimulates broader cynicism towards government. Although political parties are the foundation of the system of representative democracy, fewer citizens today trust political parties, and this is reshaping the nature of democratic politics.     

Technology assessment in Australia: the case for a formal agency to improve advice to policy makers

The pace and reach of technological change has led to calls for better technology policy and governance to improve social outcomes. Technology assessment can provide information and processes to improve technology policy. Having conducted a review of international best practice, we established a set of quality criteria for TA. In effect, good technology assessments are systematic, broad, inclusive and well resourced and are conducted by organisations that are trustworthy and influential. Although not having a formal TA agency, Australia does have a number of recent examples of TA-like activities in the form of ad hoc processes (such as reviews and inquiries) and within other organisations. Drawing on reports, commentaries, discussions and our observations as participants, we have assessed these activities and processes against our quality criteria. Our findings indicate that TA capacity in Australia is fragmented, uncoordinated and variable in quality and impact. We conclude that a formal TA agency could improve Australian technology policy and capacity for technology governance that would be more in line with other nations, notably in Europe.     

Do intergovernmental grants create ratchets in state and local taxes?

A large literature on the ‘flypaper effect’ examines how federal grants to states at time period t affect state spending (or taxes) at time period t. We explore the fundamentally different question of how federal grants at time period t affect state tax policy in the future. Federal grants often result in states creating new programs and hiring new employees, and when the federal funding is discontinued, these new state programs must either be discontinued or financed through increases in state own source taxes. Government programs tend to be difficult to cut, as goes Milton Friedman’s famous quote about nothing being as permanent as a temporary government program, suggesting that it is likely that temporary federal grants create permanent (future) ratchets in state taxes. Far from being purely an academic question, this argument is why South Carolina’s Governor Mark Sanford attempted to turn down federal stimulus monies for his state. We examine both the impact of federal grants on future state budgets and how federal and state grants affect future local government budgets. Our findings confirm that grants indeed result in future state and local tax increases of roughly 40 cents for every dollar in grant money received in prior years.