What does it mean to suffer loss? Haxton v Philips Electronics

In Haxton v Philips Electronics the Court of Appeal considered whether a widow could recover the diminution in value of her dependency claim following the defendant's tortious reduction of her life expectancy. The note outlines the development of the common law, demonstrating that Haxton is novel but not unorthodox, and tests whether Haxton's principles can provide a sound foundation for future cases. Positing three hypothetical scenarios, it argues that the disparity in outcome, rather than indicating a lack of unifying principle, as was suggested in Jobling v Associated Dairies, may be explained by combining Austin's division between primary and secondary rights with Gardner and Stevens' contributions as to how they are protected. Restitutio in integrum requires consideration of the reasons and values underlying the right in question and these are discernible in the jurisprudence. The note also considers whether Haxton could have been decided on the basis that a defendant should not profit from its own wrongdoing.     

IMPACT OF VICTIMIZATION ON RESIDENTIAL MOBILITY: EXPLAINING RACIAL AND ETHNIC PATTERNS USING THE NATIONAL CRIME VICTIMIZATION SURVEY

Criminal victimization is known to influence households’ moving decisions, but theories suggest that the processes leading to a moving decision can vary across racial and ethnic groups. Drawing from current literature, we hypothesized that victimization would have a stronger effect on moving decisions for Whites than for Blacks or Hispanics, and that racial/ethnic residential segregation would moderate the impact of victimization on mobility. Using a longitudinal sample of 34,134 housing units compiled from the National Crime Victimization Survey for the 40 largest metropolitan areas in the United States (1995–2003), we found results that both support and contradict the hypotheses. Specifically, White residents display consistent evidence that victimization is a significant predictor of household mobility. Blacks and Hispanics, in contrast, are more varied in their moving behavior after victimization. In addition, significant differences exist among these groups in responses to victimization and in how mobility is influenced by residential segregation. Higher levels of residential segregation play a part in the victimization–mobility relationship among Blacks in a way that is more complex than we hypothesized.     

Electronic evidence: A proposal to reform the presumption of reliability and hearsay

There is a general concern amongst judges, lawyers and legal scholars that evidence in digital format is not to be trusted, given that it can be altered and manipulated with ease. Some jurists have called for a UN Convention on matters relating to the authentication and admissibility of electronic evidence. It is debatable whether such a Convention is necessary, but guidance of an international nature might be welcome, providing that any such guidance remains guidance, and does not ossify into legal requirements that fail to take into account the dynamic and constantly developing changes in information technology. In any event, the accuracy of the presumption in England & Wales that a computer is in order at the material time is highly debatable, and it is suggested that this presumption ought to be reformed.     

Area Differences and Time Trends in Crime Reporting: Comparing New York with Other Metropolitan Areas

Police measures of crime are shaped by victims’ decisions to notify the police. To obtain a better understanding of US crime trends, this study uses the National Crime Victimization Survey to examine geographic differences and temporal trends in crime reporting in New York and other metropolitan areas for the period 1979-2004. We find that net of crime characteristics and survey methodology, the New York metropolitan area showed fewer increases in crime reporting than did other metropolitan areas. These divergent trends suggest that the real differences in the drop of nonlethal violence between New York and other areas may have been smaller than those indicated by police-based crime statistics. We also find that from the early 1990s to 2004, New York showed a sharp decrease in the likelihood of victims perceiving that “police wouldn’t help.” This trend suggests that police reforms in New York City have not resulted in more victims using police-related reasons to explain their nonreporting behavior. Instead, researchers need to develop a broader theoretical framework (not an exclusive focus on police actions) to understand how police- and nonpolice-related factors may explain the geographic variation in the trends of reporting observed in this study.     

Personal budgets in adult social care: the fact and the fiction of the Care Act 2014

ABSTRACT

Personal budgets have been heavily promoted in government policy in England as a means of increasing the personalisation of public services, particularly in the field of adult social care. The Care Act 2014 for the first time creates a statutory requirement for personal budgets to be allocated to all individuals using state funded social care. This article examines how a particular rhetoric has developed in social care policy around personal budgets, which draws freely on the language of the disabled people’s movement and suggests that grassroots ideas are the central purpose for the introduction of personal budgets into policy. It considers whether the promises made in policy are embedded in the 2014 Act and finds that there is a mismatch between claims in social care policy on the one hand and the model of personal budgets created by the 2014 Act on the other. It concludes that the policy rhetoric around personal budgets directly appropriates the language and ideas of the disabled people’s movement while promoting a wholly distinct agenda of public sector marketisation.     

Swedish crime scene technicians: facilitations,epistemic frictions and professionalization from the outside

ABSTRACT

This article investigates the role of crime scene technicians in the Swedish criminal justice system, and particularly how Swedish crime scene technicians not only examine crime scenes but also facilitate the criminal justice system’s joint production of forensic evidence. It proposes thinking about the criminal justice system as a conglomeration of epistemic cultures, that is, of communities with different ways of producing and understanding forensic evidence. Such a perspective makes it possible to understand interprofessional frictions as epistemic frictions as well as to draw attention to the facilitations, mediations and translations that crime scene technicians perform. This perspective also makes it possible to illuminate how the crime scene technicians’ professionalization – a professionalization from the outside – affects both their future crime scene work and their facilitations.     

‘That splendid body of women’: nursing,professional registration,and suffragette militancy

ABSTRACT

In the decades before World War One, a group of women fought for their right to control their own futures, claiming that their governance was in the hands of men whose interests lay in keeping women subservient. Initially articulated by an educated, middle-class few, the women's demands were embraced by widening numbers of both women and men. They saw their hopes dashed on several occasions by political manoeuvring, and only after WWI did their demands begin to be met. This is not an account of the women’s suffrage movement, but rather of the fight for the registration of trained nurses. Both movements claimed the right of women to be actors in their public lives and both faced public condemnation for transgressing social boundaries. The two movements interacted, with nurses connecting their struggle to the wider call for women's rights, and with the suffrage movement foregrounding nurses as disenfranchised women professionals.     

从融合到分立:儿童网络色情信息犯罪的刑事规制

儿童网络色情信息犯罪侵害的法益是"直接层法益"与"间接层法益"双重法益。"直接层法益"为儿童的身心健康权利与以"免受性剥削和性虐待"为核心的被动性的性权利,"直接层法益"为个人法益;"间接层法益"为性道德等社会法益。而成年人网络色情信息犯罪侵害的主要是基于"性的隐秘性"善良性风尚和性道德的社会法益。法益具有立法检视功能和区分功能,客观上需要将儿童网络色情犯罪与成年人网络色情犯罪分离,进而设置独立的刑事规范,并对儿童网络色情信息范围、犯罪行为类型及网络服务提供商的责任重新进行建构。     

Chasing ghosts: An investigation of the ghosting phenomenon in footprints

Ghosting is a phenomenon that has been identified in dynamic (walking) footprints. There is sparse research on the occurrence of ghosting; however, due to the forensic value of footprints and their use in other scientific fields, the phenomenon of ghosting warrants further study. Ghosting can be used to determine if a footprint is static (standing) or dynamic, which can help forensic investigators create a sequence of events at a crime scene. Furthermore, this can help in footprint comparisons from this determination, as “like versus like” comparisons of dynamic or static footprints can be made. The purpose of this research was to determine the prevalence and locations of the ghosting phenomena in dynamic footprints.136 dynamic footprints from 68 volunteers were collected using an inkless collection system. Each footprint was visually inspected for ghosting as well as examined using software.Ghosting was present on at least one location in all footprints. The highest prevalence occurred at the tip of the great toe, followed by the second digit and the heel. To a lesser extent, ghosting appeared at the tips of the other three digits. Ghosting often occurred at two or more areas in a given footprint.