Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists

Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ.     

Reliability of a two-dimensional footprint measurement approach

Although footprint evidence can be taken from the scene of a crime, the science underpinning such measurement in forensic science has not been fully explored.A literature search revealed various measuring approaches, all of which demonstrated either little or no measurement rigour in terms of reliability. The aim of this study was to apply a robust measurement approach for testing the reliability of two-dimensional footprint impressions.Three dynamic and three static footprints were taken from the right foot of thirty female and thirty one male volunteers using the ‘Inkless Shoeprint Kit’. The images were digitised. Lengths, widths and angles were measured using a selection of currently employed methods.An investigation of the reliability of the chosen measuring method suggested high intra-rater agreement: for example, the length measurement suggested an intraclass correlation coefficient (ICC) 0.99, 95% Confidence Interval (CI) ? 0.28 to 0.01, standard error of measurement (SEM) 0.07, Limits of Agreement (LOA) ? 0.91 to 0.65.Inter-rater reliability between three operators was also high: SEM ranged from 0.05 mm to 0.07 mm, ICC 0.99.Our study has established a reliable two-dimensional measuring technique that could be used for footprint comparison in further research.     

Elite Interactions and Voters’ Perceptions of Parties’ Policy Positions

Recent research documents that voters infer that governing coalition partners share similar ideologies, independently of these parties’ actual policy statements. We argue that citizens estimate party positions from more general forms of interparty cooperation and conflict, particularly near the times of national elections. We analyze tens of thousands of media reports on elite interactions from 13 Western democracies between 2001 and 2014, and show that—controlling for coalition arrangements and for the policy tones of parties’ election manifestos—voters infer greater left–right agreement between pairs of parties that have more cooperative public relationships, but that this “cooperation effect” is only evident near the times of national elections. Our findings have implications for parties’ policy images and for mass–elite linkages.     

The private security complex and its regulation in Africa: select examples from the continent

ABSTRACT

This article aims to provide an overview of the primary trends and developments of the domestic private security industry in select countries in Africa, while also further reflecting on a selection of operational challenges and obstacles inherent to the industry and its regulation. In particular, field research was conducted in Uganda to explore the nature of the state ownership of private security companies so as to further highlight the regulatory difficulties. Our findings raise a number of questions pertaining to the theorising of private security regulation answers of which, we conclude, may find utility in drawing on the concept of “hybridity” as an alternative heuristic tool to engage with the realities of state regulation in the Global South.     

Fracking in New York State: Weighing Risks and Benefits

The controversial decision to ban fracking in New York State, most notably in the Marcellus Shale formation, was informed by global, national, state, and local issues that have general relevance. Without prejudging whether fracking can be undertaken safely, we discuss the science of fracking, focusing primarily on widely reported public health and environmental risks, especially those associated with greenhouse gas emissions. Based upon such concerns, any reconsideration of the fracking ban in New York should include, at a minimum, consideration of imposing public and environmental health risk management requirements as proven feasible and successful via industry experience. Fracking should be viewed as one choice among alternative energy strategies, all of which pose risks, rather than simplistically classified as either safe or unsafe. Assuming that our energy needs will continue to grow, our goal should be to guide the evolution of our energy portfolio toward sustainable sources as they emerge as feasible energy alternatives.     

Initiatives that Counter Violent Radicalization but are Perceived as Suitable by Targeted Communities

To redress the scourge of violent extremism, an array of policies, programs, and practices have been implemented. Yet, these initiatives could sometimes conflict with the preferences of individuals who may be susceptible to radicalization. To illustrate, some initiatives might challenge the values of these individuals. The degree to which these individuals feel significant or important might thus decrease—a decrease that has been shown to rouse the pursuit of violent radicalization. To prevent this complication, two studies were designed to uncover programs, policies, or practices that align to the preferences of people who may be more susceptible than average to violent radicalization. In Study 1, three individuals who had been charged with crimes related to terrorism, but had since relinquished extremism, were asked to suggest initiatives they feel could prevent violent radicalization in Australian Muslims. Similarly, in the second study, young Australian Muslim adults who rejected extremist ideologies were asked the same question. The participants advocated initiatives that foster tolerance towards diverse perspectives, inspire individuals to trust their values and intuition, encourage civic engagement, improve the credibility of imams, and enable people to derive strength from their community. A review of previous literature indicates that many of these initiatives might not only resonate with the preferences of individuals who may be vulnerable to violent extremism but could also foster a sense of significance and meaning in life—an experience that tends to prevent radicalization.     

Transfers of mentally disordered adolescents from custodial settings to psychiatric hospital in England and Wales 2004–2014

This article has used data provided by the Ministry of Justice to track changes in the number of adolescents under the age of 18 transferred from secure custodial institutions, who have required transfer to psychiatric hospital using Section 47 and Section 48 of the Mental Health Act. During the period 2004–2014 there were large reductions in the population of young people detained in custody in England and Wales. The number of young people requiring hospital transfer fell during this period but to a much lesser degree. The possible reasons for this are discussed and include the increased complexity of young people in custody and the increased availability of secure psychiatric beds.     

Particle size analysis of sediments, soils and related particulate materials for forensic purposes using laser granulometry

Particle size is a fundamental property of any sediment, soil or dust deposit which can provide important clues to nature and provenance. For forensic work, the particle size distribution of sometimes very small samples requires precise determination using a rapid and reliable method with a high resolution. The Coulter trade mark LS230 laser granulometer offers rapid and accurate sizing of particles in the range 0.04-2000 microm for a variety of sample types, including soils, unconsolidated sediments, dusts, powders and other particulate materials. Reliable results are possible for sample weights of just 50 mg. Discrimination between samples is performed on the basis of the shape of the particle size curves and statistical measures of the size distributions. In routine forensic work laser granulometry data can rarely be used in isolation and should be considered in combination with results from other techniques to reach an overall conclusion.     

Through a glass darkly: Cause and effect in refugee resettlement policies

As the ongoing debate among philosophers and social scientists suggests, interpretation of cause and effect in human action is often extremely difficult. Especially complicated for the policy analyst is the problem of determining whether causal relationships are inferred from the evidence or imputed to it. This dilemma characterizes certain types of government activity in which distinctions between policy and implementation, between decisions and actions, and between inputs and outcomes are unclear. The efforts of the federal government between 1960 and 1985 to assist refugees in securing employment illustrate how the flow of events may elude causal explanation, and how conclusions and recommendation for improvement derived from the evidence may prove highly ambiguous. In such instances the most rational course open to policy analysts may be to concede ignorance.