Restoring Confidence: Replacing the Fixed‐term Parliaments Act 2011

This article considers both the Fixed‐term Parliaments Act 2011 (FTPA) and the political constitution, to place the former in its political and constitutional context. It begins by setting out the background to the FTPA – which was a part of a Coalition agreement – and considers difficulties with the most commonly‐made arguments in favour of fixed‐term parliaments. The second part of the article considers the impact and potential practical legal consequences if the FTPA is repealed without any replacement, arguing that it will only be possible to revive the ‘dissolution’ prerogative by express words in a new Act. The final part of the article addresses the question of whether the prerogative should be revived, before arguing both that it should not and that a statutory power to call an election should be conferred on the Prime Minister subject to a vote by simple majority in the House of Commons.     

Cybercrime is whose responsibility? A case study of an online behaviour system in crime

Drawing on Sutherland’s theory of behaviour systems in crime, this study investigates social media fraud (SMF) facilitated by botnets to understand the onset and maturation of this new online offending behaviour. We find legitimate actors in the system – Internet of Things manufacturers, online social networks, hosting companies and law enforcement agencies – share a way of life that prioritises private gains and avoids implicit responsibility for security. They arrive at a Nash equilibrium that provides a weak and disorganised social response to crime. SMF providers, on the other hand, are cleverly organised and exploit weaknesses in security, adapting to change and developing working relationship with those who benefit from their activities and share their lenient behaviour towards fraudulent activities. We conclude that the rise in cybercrime is a result of the behaviours of all actors in the system, not just those who offend.     

Children's Rights and the Politics of Food: Big Food Versus Little People

This article traces the battle in the United States during the Obama administration, continuing into the Trump administration, to protect children's rights to food. It explores barriers to development of sound, science‐based food policies, including the refusal to recognize food as a human right, anti‐science denialism, hostility toward government regulation, and relative powerlessness of children. It points to the role of a “Big Food Pyramid” composed of powerful food industry and large scale distribution and marketing interests in blocking sound policies in prenatal and infant nutrition, school lunches, SNAP and WIC, the marketing to children of high fat and fructose‐laden products, and campaigns to increase youth fitness. While predicting a continuing assault at the federal level on children's rights to safe and healthy foods, the article highlights the positive role of consumer demand in shaping marketing, labeling and production of food and opportunities for leaders in the food industry and in government at local, municipal and state levels to continue the battle for sound food policies.     

Potential Use in Forensics of a Novel Hybrid Gelatin—Dynamic Impact Assessment

Ballistic gelatin as simulant of the human body and organs is a support in forensics. After having obtained very good results for a new gelatin‐based composite in terms of physicochemical and rheological properties, this study focused on this material's mechanical behavior during stabbing and shooting versus bovine and porcine organs and standard ballistic gelatin. The hybrid gelatin has a predominantly elastic behavior at 23°C, whereas the elastic modulus becomes practically constant in the 10–0.1 Hz frequency range. In terms of stabbing behavior, the small variations obtained between porcine organs and surrogate are below 5%, the perforation indicating a good similarity. From the ballistic test results using 10 × 28T rubber balls, it has been seen that the hybrid ballistic gelatin conducts to more reliable and reproducible values of perforation/penetration versus standard gelatin, making from it a real candidate for use in forensic tests.     

Collection of Wet‐Origin Footwear Impressions on Various Surfaces Using an Electrostatic Dust Print Lifter

Electrostatic dust print lift method is known to be able to recover only dry‐origin footwear impression. However, the wet‐origin footwear impression could also be recovered using this method. As the amount of dust accumulated before deposition of the wet‐origin footwear impression increased, the intensity of the footwear impression lifted with this method became stronger. If the footwear impression is not affected by moisture after it is made, the 28‐h old wet‐origin footwear impression could be recovered using this method. The intensity of the lifted footwear impression did not decrease significantly even when the number of sequential steps increased as long as the shoe sole is wet. However, when the moisture on the shoe sole depleted, the intensity of the footwear impression decreased sharply. This method has the advantage of being able to enhance the footwear impression without being affected by the footwear impressions deposited in the past.     

Carbon and Nitrogen Stable Isotope Analyses of Ephedra Plant and Ephedrine Samples and Their Application For Methamphetamine Profiling

In this study, stable isotope ratio analysis was used to track the precursor information of methamphetamine. The δ¹³C and δ¹⁵N values of 30 nature ephedra plants, 12 synthetic ephedrine/pseudoephedrine (ephedrine), 14 natural ephedrine, and 987 seized methamphetamine samples were measured and compared. Due to different weather and earth conditions, the δ¹³C and δ¹⁵N values of ephedra plants grown in the east and the west of Inner Mongolia showed great difference. The δ¹⁵N values of ephedra plants were consistent with related ephedrine extracted from them. Moreover, the criteria to infer the synthetic origin of ephedrine were set up after the analysis of natural and synthetic ephedrine samples. Finally, the precursor origins of 949 seized methamphetamine samples synthesized by Emde and Nagai method were tentatively inferred. Influenced by different preprecursors, the δ¹³C values of seized methamphetamine samples that synthesized from P2P also showed great difference, and this result is consistent with the reported data.     

Accuracy and Reliability of Total Body Mass Estimation Techniques from Stature and Bi‐iliac Breadth in Non‐Hispanic U.S. Whites from the Bass Donated Skeletal Collection

This paper tests the fidelity of a recent method that used the NHANES III dataset as a proxy to estimate total body mass from stature and bi‐iliac breadth in U.S. White males and females. The bi‐iliac breadths of 230 males and 152 females identified as non‐Hispanic U.S. White from the Bass Donated Skeletal Collection were measured, and along with stature from predonor paperwork, total body mass estimates were calculated and then compared to body masses recorded on predonor paperwork. Male and female samples were subdivided by body mass index (BMI [kg/m²]) categories established by the World Health Organization. Our results suggest that total body mass estimates can be accurately assessed provided that the individual is within 18.50 ≤ BMI ≤ 29.99 for White males and 18.50 ≤ BMI ≤ 24.99 for White females. Recommendations on how to report total body mass estimates are also presented.     

Effectiveness of a risk–need–responsivity‐based treatment program for violent and sexual offenders: Results of a retrospective,quasi‐experimental study

Purpose

Relapse prevention is an important goal in correctional settings. Although there is strong evidence for the effectiveness of certain treatment programs for juvenile offenders, those for adults lack such evidence. This study evaluated the effectiveness of a risk–need–responsivity (RNR)‐based intervention.

Methods

A quasi‐experimental, observational study design and cox regression analysis were used to compare treated violent and sexual offenders (n = 171) with untreated offenders (n = 241).

Results

Both groups were observed for an average of 7.9 years. Recidivism rates of treated offenders (11.7%, n = 20) were similar to those of control offenders (15.8%, n = 38; p = .25). When controlling for confounding variables, the hazard of recidivism in the treatment group was 5.2% lower than that in the control group. Subdividing the treatment group resulted in lower hazard ratios for offenders still in therapy when released and offenders cancelling therapy. However, none of the group differences was statistically significant.

Conclusion

Our results show that control and RNR‐based treatment groups had comparable recidivism rates with a trend towards a positive treatment effect, especially for people in outpatient treatment. However, criminal history, age at the start of follow‐up, and actuarial risk of recidivism were significantly associated with recidivism. Future research needs to apply elaborate methodological approaches to detect robust treatment effects and consider different criteria of treatment effectiveness. Furthermore, the influence of prison climate, motivational factors, intervention quality, and factors supporting the success of outpatient treatment should be considered in future studies of larger offender samples.     

DOES DROPPING OUT OF SCHOOL MEAN DROPPING INTO DELINQUENCY?*

Approximately one third of U.S. high‐school freshmen do not earn their high‐school diploma on time. For African‐American and Hispanic students, this figure nearly reaches one half. The long‐term economic consequences of dropping out of school for both the student and the larger community have been well documented. It has also been argued that school dropouts put themselves at a higher risk for delinquent and criminal behavior when they leave school. Although it seems plausible that dropping out might increase the potential for delinquent conduct, another view states that dropping out is simply the final event in a long, gradual process of disenchantment and disengagement from school. Dropouts show evidence of school failure and developmental problems years in advance. It has been argued, therefore, that the actual event of finally leaving school has no causal effect on criminal or delinquent behavior because it has been so long in coming. In this article, we examine the effect of leaving school early, and the reason for dropping out, on delinquent behavior with the use of panel data models from the National Longitudinal Survey of Youth 1997 Cohort (NLSY97). Through an appeal to identity theory, we hypothesize that the effect of dropping out is not uniform but varies by the reason for leaving school, gender, and time. This conjecture receives only partial empirical support. Implications for future work in the area are discussed.     

CO‐OFFENDING AND THE DEVELOPMENT OF THE DELINQUENT CAREER*

This article examines the role of co‐offending in the development of the delinquent career. Hypotheses derived from Reiss's (1986, 1988) taxonomic theory of co‐offending are tested, using police‐reported data on the delinquent careers and co‐offending of 55,336 Canadian offenders. Support is found for a taxonomic theory and for age‐related and functional theories of co‐offending. The taxonomy consists of two types of offenders—high activity (3 percent) and low activity (97 percent)—whose co‐offending patterns differ during the teenage years but not during childhood. For low‐activity offenders as teenagers, the proportion of co‐offenses decreases with criminal experience. The rate of co‐offending by high‐activity offenders as teenagers is lower at onset than for low‐activity offenders, and it varies little with criminal experience. For both offender types, the proportion of co‐offenses decreases with age, is slightly less in males, and varies with the type of offense. For both offender types, the proportion of co‐offenses in childhood offending is greater than in the teenage years and is unrelated to the offender's age or criminal experience.