The “quiet revolution” in criminal defence: how the zealous advocate slipped into the shadow

The criminal defence lawyer has been an integral component of adversarial criminal justice in England and Wales for nearly three centuries. However, over the last two decades this essential role has changed substantially, affected by a changing culture in the law and procedure governing criminal justice in this jurisdiction. This article argues that the criminal defence role has been pulled away from its traditional adversarial roots through a process of subtle and gradual change, pursued by the Government and the Judiciary. The article outlines a normative framework, entitled the ‘zealous advocate’ model, describing the ‘traditional’ role of the criminal defence lawyer; discusses ethical conflict and its growing significance; and examines how legislation, case law and funding have gradually moved the defence lawyer away from a ‘client-first’ style of representation. It concludes by considering the potentially significant implications of such a change in the role for both fair trial rights and adversarialism in England and Wales.     

Low recidivism rates of child sex offenders in a Finnish 7-year follow-up

ABSTRACT

This study examines the recidivism rates of Finnish child sex offenders convicted in 2010 (n = 361) over a follow-up period of seven years. The results indicate that while reoffending for other types of offences was common (34%), offenders had very low sexual crime recidivism rates (1%). In terms of more persistent criminal careers, less than a quarter of the offenders had both a previous criminal history and at least one subsequent offence during the follow-up period. Offenders with child sexual abuse material-related crimes reoffended more rarely than did others. Study limitations and implications for policymaking, media and rehabilitation are discussed.     

Does Ethical Theory Have a Future in Bioethics?

Although there has long been a successful and stable marriage between philosophical ethical theory and bioethics, the marriage has become shaky as bioethics has become a more interdisciplinary and practical field. A practical price is paid for theoretical generality in philosophy. It is often unclear whether and, if so, how theory is to be brought to bear on dilemmatic problems, public policy, moral controversies, and moral conflict. Three clearly philosophical problems are used to see how philosophers are doing in handling practical problems: Cultural Relativity, and Moral Universality, Moral Justification, and Conceptual Analysis. In each case it is argued that philosophers need to develop theories and methods more closely attuned to practice. The work of philosophers such as Ruth Macklin, Norman Daniels, and Gerald Dworkin is examined. In the writings of each there is major methological gap between philosophical theory (or method) and practical conclusions. The future of philosophical ethics in interdisciplinary bioethics may turn on whether such gaps can be closed. If not, bioethics may justifiably conclude that philosophy is of little value.     

Confucian Constitutionalism? The Emergence of Constitutional Review in Korea and Taiwan

This paper documents the recent emergence of constitutional review of legislative and administrative action in Korea and Taiwan, two East Asian countries seen to be historically resistant to notions of judicial activism and constitutional constraint. It argues that the ability to draw from foreign legal traditions, especially those of the United States and Germany, empowered judges in these countries and therefore helped to alter the structure of public law away from executive-centered approaches of the past. This is consistent with viewing judicial review as essentially a foreign transplant. Nevertheless, the institution of judicial review has some compatibilities with Confucian legal tradition, a point that has implications for how we think about institutional transfers across borders. By constructing a locally legitimate account of what is undeniably a modern institution of foreign origin, the paper argues that constitutional constraint should not be viewed as an imposition of Western norms, but as a more complex process of adaptation and institutional transformation.     

Predictors of the quality of the home environment that adolescent mothers provide for their school-aged children

The primary question addressed in this study is, What factors distinguish between adolescent mothers with school-aged children who are providing relatively supportive home environments for their children, and their peers who are providing less supportive care? Data from the National Longitudinal Survey of Youth merged mother- child data set were used to address this question. Variables from four major categories were useful in identifying mothers who were at greatest risk for providing less supportive environments: (1) characteristics of the mother, (2) characteristics of the family of origin, (3) current SES level, and (4) the composition of the mother's household.