Distorting Vicarious Liability

The note considers the decision of the Court of Appeal in Maga v The Trustees of the Birmingham Archdiocese of the Roman Catholic Church and analyses the application of the status based risk approach to vicarious liability in that case. It considers its application outside of the area of clerical sexual abuse, and also the role in vicarious liability of job conferred status which materially increases the risk of the commission of a tort, or helps to facilitate a tort.     

嫖宿幼女罪再思考——一种国际公约的视角

嫖宿幼女罪自其设立之时就在学者中间存有争议,近年来发生的几起影响较大的嫖宿幼女案,更将争论推向社会各界。在这些争论中,更多的意见是废除嫖宿幼女罪,将嫖宿幼女并人奸淫幼女,以强奸罪论处。从国际公约的视角来看,嫖宿幼女罪的罪名确属不当,然而,将嫖宿幼女合并于奸淫幼女的意见也值得商确,事实上也难以实现。综合考虑各种因素,建议废除嫖宿幼女罪,将嫖宿幼女当作强迫幼女卖淫,以强迫卖淫罪论处。     

Y-STRs in forensic medicine: DNA analysis in semen samples of azoospermic individuals

ABSTRACT: The incidence of rape has increased, especially in metropolitan areas, such as the city of São Paulo. In Brazil, studies about it have shown that the majority of this type of crime is committed by the relatives and persons close to the victim. This has made the crime more difficult to be denounced, as only 10% of the cases are reported to competent police authorities. Usually, cytological exams are carried out in sex crime investigations. The difficulty in showing the presence of spermatozoa is frequent, but it does not exclude the presence of male DNA. The absence of spermatozoa in material collected from rape victims can be due to several factors, including the fact that the agressor suffers from azoospermia. This condition can be the result of a successful vasectomy. As the majority of DNA in the ejaculation sample is from spermatozoa, there is much less DNA to be analyzed. This study presents the application of Y‐STRs (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, and DYS393) in DNA analysis of sperm samples from 105 vasectomized men. The study demonstrated a great variation in DNA concentration. DNA extraction and amplification was possible in all sperm samples even in the absence of spermatozoa. The same profile was observed, for each individual, from DNA extracted from blood, pre‐ and postvasectomy semen samples. The use of markers specific for Y chromosome in sex crime cases, especially in the absence of spermatozoa, is very important, mainly because in most situations there is a small quantity of the agressor's DNA in the medium and a large quantity of the victim's DNA.     

The Intergenerational Cycle of Criminality—Association with Psychopathy*

Abstract: Preventive interventions early in life are likely to lower the risk of intergenerational transmission of criminal behavior. We investigated if psychopathy among homicidal offenders is associated with criminal offending among the offenders’ offspring. The basic sample consisted of consecutive Finnish homicide offenders (during 1995–2004) who had been subjected to a forensic psychiatric examination and rated for a file‐based PCL‐R, and their offspring. Criminal behavior among both genders of the offspring was more common than in the general population. In general, the offspring’s crimes against others (e.g., threat, intimidation, deprivation of freedom, breach of domicile) were associated with their parent’s psychopathy. A grandfather’s major mental disorder was associated with a high rate of crime committed by the offspring. Especially, the sons of male psychopathic homicidal offenders had the highest rate of committing crimes, which was often expressed as vandalism. However, both genders of offspring seem to require special preventive programs to ameliorate these problems.     

A 21st Century Developmentally Appropriate Juvenile Probation Approach

Principles of adolescent development have accelerated positive changes to the juvenile justice system. These changes have been most pronounced in reducing reliance on incarceration and in approaches to sentencing of youth tried as adults. While juvenile probation has made some developmentally friendly adjustments, it remains an area that is fertile for reform. Many of the principles and goals in this paper have been endorsed by the National Council of Juvenile and Family Court Judges (NCJFCJ), which “supports and is committed to juvenile probation systems that conform to the latest knowledge of adolescent development and adolescent brain science,” and which “recommends that courts cease imposing ‘conditions of probation’ and instead support probation departments’ developing, with families and youth, individualized case plans that set expectations and goals.” 1 NCJFCJ's July, 2017 resolution in support of developmentally appropriate juvenile probation services built on earlier NCJFCJ policies. From the time NCJFCJ adopted Juvenile Delinquency Guidelines in 2005, those policies have grown increasingly robust. 2     

All part of the process? A qualitative examination of change in online child pornography behaviors

Over the past two decades, there has been increased attention on offending behaviors and motivations of child pornography offenders (CPOs). Although existing research has provided a knowledgeable foundation in regard to this offending subpopulation, the literature has been relatively limited on examining changes in offender behaviors and motivations. This study used interviews with 25 online CPOs in a southern state to identify themes underlying offending behaviors and motives at onset, as well as, continuation of offending over time. We found that offenders reported various circumstances (ranging from intentional to unintentional) and motivations (including thrill-seeking and attraction) at onset; however, CPOs reported thrill-seeking and attraction to be the most common factors driving their continued offending. We applied these themes to the existing literature on child pornography offending and recommended directions for future research. Based on our findings, we offered considerations for the treatment of CPOs.     

A Validation Study of the Langley et al. (2017) Decision Tree Model for Sex Estimation

Langley et al. (2017) developed a sex estimation decision tree utilizing two traditional cranial traits (glabella and mastoid) and a new trait: zygomatic extension. This study aimed to test the reliability of their zygomatic extension scoring method and validate their sex estimation method. Ordinal score data were collected from 281 male and female U.S. White and Black individuals. The five traditional cranial traits were collected from physical specimens, while zygomatic extension was scored from 3D cranial models. Intra‐ and interobserver analyses carried out on a subsample of 30 individuals indicate good agreement between zygomatic scores. The decision tree correctly sexed 71.5% of the sample, but a strong sex bias (94.2% correct for females, 49.3% correct for males) severely limits the utility of this method. The Walker (2008) and Stevenson et al. (2009) methods produced higher accuracy rates (80.8% and 82.6%, respectively), although these methods also produced sex and ancestry biases.     

Female sex offenders who abuse children whilst working in organisational contexts: offending,conviction and sentencing

To date, there has been very little research into the phenomenon of female-perpetrated institutional child sexual abuse (CSA). This study explored 71 cases of CSA perpetrated by women working with children, considered by UK police and courts between 2000 and 2016. Qualitative and quantitative content analysis was employed to examine court reports, professional regulatory body decisions, media reports and an online sentencing database in order to identify perpetrator and victim characteristics, the nature of the offending behaviour, modus operandi and criminal justice system responses. Findings indicate most women offended alone and had no previous criminal or employment records of concern. Victims were typically male and 15–16 years old. Most women received custodial sentences, typically of 2–3 years in length. Implications for policy and practice are also discussed.     

Moral disengagement and self-reported harassment proclivity in men: the mediating effects of moral judgment and emotions

Three online studies investigated the association between moral disengagement and men’s self-reported harassment proclivity. Participants (total N?=?336) were required to read a vignette depicting either quid pro quo harassment (studies 1 and 2) or hostile work environment harassment (study 3). A salience manipulation was used in each study to explore the causal directionality of this association. The mediating effects of moral judgment, negative affect (guilt and shame) and positive affect (happiness) about the harassment were also assessed as participants were asked to imagine themselves as the harassment perpetrator. Across the three studies, it was shown that moral disengagement had an indirect effect in predicting men’s proclivity to harass by lowering their moral judgment and negative affect about the harassment, conversely amplifying positive affect. Overall, the findings support social cognitive theory, indicating that moral disengagement may enable people to self-regulate their own behavioural inclinations to harass.