Specialist domestic violence courts for child arrangement cases:safer courtrooms and safer outcomes?

ABSTRACT

Child arrangement cases in England and Wales are dealt with in the ordinary family courts. Whilst a special practice direction is applicable to child arrangement proceedings where there are allegations of domestic abuse, there is no specialist domestic violence court in the family justice setting. However, court specialisation is a feature of the criminal justice system and has been demonstrated to have success in domestic violence cases. Some of the potential benefits of specialisation, such as the provision of safer courtrooms, might be transferable to the family justice setting. Given the well documented problems of ordinary courts dealing with child arrangements in domestic violence cases, this article considers whether court specialisation could provide victims with safer courtrooms and safer outcomes in child arrangement cases.     

“滥用兴奋剂”入刑的理论探索

当前"滥用兴奋剂"的社会危害性逐渐增大,而现行的法律规范不足。刑法作为社会控制的最后法律手段应将"滥用兴奋剂"纳入其管制的范围。我国应建立体育法庭、增加违规公示制度并完善体育机制内的人员信息系统、健全"豁免"机制、加强国际协作以规范"滥用兴奋剂"行为。     

Munchausen by Proxy: A Qualitative Investigation into Online Perceptions of Medical Child Abuse

In Munchausen by proxy (MBP) maltreatment, increasingly termed “medical child abuse” (MCA), a caregiver fabricates or induces illness in another. The perpetrator's goal for the behavior is to meet personal emotional needs by forcing unnecessary or misguided medical or psychological treatment. Generally, a mother is the perpetrator and her child is the victim. There is a serious lack of research into most aspects of MCA, and this study is the first to utilize the anonymity of an Internet forum to investigate victims' first‐hand experiences of, and the public's opinions about, suspected and confirmed MCA. Three‐hundred and fifty‐six posts by 348 members were explored and coded using formal qualitative content analysis. By accessing an open‐thought online forum, this paper acquired information regarding social perceptions about the nonperpetrating partners who are unaware of the maltreatment; the disturbing and counterintuitive phenomenon of MCA itself; and the resistance often faced by those who attempt to report it.     

A Unique Type of Birth Trauma Mistaken for Abuse

Pediatric abusive head trauma is a challenging subject across many disciplines. Of particular importance is the identification of mimics of abuse, so cause and manner of death can be properly assigned. We present the case of suspected child abuse involving an infant who presented unresponsive to the hospital with hypoglycemia, hypothermia, and bilateral parietal fractures. An autopsy revealed fractures associated with organizing scalp hemorrhage and gross leptomeningeal congestion and hemorrhage. The fractures were circular with external displacement, rounded margins, and subperiosteal new bone formation indicative of healing. Birth records revealed vacuum assist and cesarean section delivery. Although vacuum extraction‐related injuries are typically cephalohematomas and/or linear fractures, the outbending and circular morphology of the fractures are consistent with vacuum extraction. Moreover, microscopic neuropathological examination revealed hemorrhagic purulent leptomeningitis. This unique case demonstrates the importance of considering birth trauma in the determination of cause and manner of death of an infant.     

A Simple and Effective Physical Characteristic Profiling Method for Methamphetamine Tablet Seized in China

Methamphetamine (MA) tablet production confers chemical and physical properties. This study developed a simple and effective physical characteristic profiling method for MA tablets with capital letter “WY” logos, which realized the discrimination between linked and unlinked seizures. Seventeen signature distances extracted from the “WY” logo were explored as factors for multivariate analysis and demonstrated to be effective to represent the features of tablets in the drug intelligence perspective. Receiver operating characteristic (ROC) curve was used to evaluate efficiency of different pretreatments and distance/correlation metrics, while “Standardization + Euclidean” and “Logarithm + Euclidean” algorithms outperformed the rest. Finally, hierarchical cluster analysis (HCA) was applied to the data set of 200 MA tablet seizures randomly selected from cases all around China in 2015, and 76% of them were classified into a group named after “WY‐001.” Moreover, the “WY‐001” tablets occupied 51–80% tablet seizures from 2011 to 2015 in China, indicating the existence of a huge clandestine factory incessantly manufacturing MA tablets.     

Combatting those who intentionally access images depicting child sexual abuse on the Internet: A call for a new offence in England and Wales

In England and Wales, there are four main categories of offence surrounding images depicting child sexual abuse, those of making/taking, publishing, distributing and possession. Despite being in force for almost 40 years, it is argued that now, additional regulation is required. In response to technological provision such as private browsing, streaming and encryption which are providing investigative difficulties for digital forensic analysts, this article proposes the need to implement a fifth offence, one of ‘intentional accessing’ and debates the feasibility and justifications for doing so. Such an offence would also arguably support the effective transposition of Directive 2011/93/EU into English law. This proposal also coincides with the recent enactment of the Investigatory Powers Act 2016, which enforces new data retention requirements on Internet Service Providers allowing offender Internet connection records to be stored for up to 12 months and potentially retrospectively investigated.     

Religious and Spiritual Support,Reentry, and Risk

Systems and agencies intent on pursuing an evidence-based approach to correctional interventions have widely adopted the risk principle. For a variety of reasons, many studies have found that giving treatment to low risk people has little impact on reducing recidivism and can even increase recidivism. Because of the risk principle, many prison and community correctional systems now target their treatment resources to medium and high risk. This study tests whether the effects of religious/spiritual support on reentry success generalize across offenders as a function of risk. Results from random effects count models suggest that religious and spiritual support does have a strong and robust effect on the likelihood of ex-offenders desisting from substance abuse. Findings also reveal that the risk principle was not supported; religious and social support was associated with significantly lower levels of substance abuse among low risk offenders, but not among higher-risk offenders. On the other hand, religious and spiritual support did not significantly relate to criminal offending at any risk level. Implications for religious programming and services, as well as the study of religion and reentry, are discussed.     

Detecting children's false allegations and recantations of a crime

This study examined adults’ abilities to detect the veracity of children's (ages 6–11) initial disclosures and their later recantations about a crime. Children (N?=?32) were asked to make a false denial or a false accusation of an alleged theft, while some were asked to tell the truth. Afterwards, children recanted their initial statements in a second interview; thus, children who initially denied the theft accused a researcher of the transgression in the second interview, and vice-versa. Adult raters (ages 18–25; N?=?108) watched both interviews and completed a questionnaire that required them to determine the veracity (i.e. whether the report was true or false) and credibility of the disclosure. Adults accurately detected the veracity of children's reports 53% of the time (55% of original reports, 50% of recantations). Raters were more accurate when detecting false denials than false accusations in the children's original and recanted reports. Despite being more difficult to detect, children's recanted denials that became accusations were rated as the least credible. Furthermore, self-reported level of experience with children and ratings confidence were not significant predictors of truth/lie detection accuracy.     

Taking the stand: defendant statements in court cases of alleged sexual abuse against infants,toddlers and preschoolers

Investigating and adjudicating allegations of child sexual abuse are challenging tasks. In the present study, we examined defendant statements concerning charges of sexual abuse against young children in Swedish district court cases (87 defendants, 140 child complainants, tried between January 2010 to December 2015). A main objective was to test predictive factors for admissions of guilt using inferential statistical analyses. Furthermore, using qualitative thematical analysis, we sought to identify common patterns in the defendants’ explanations to the allegation. Approximately one-third of the defendants (31%) pleaded guilty during trial. Admissions of guilt were more likely if the defendant was young, if the child was young at the onset of abuse, if the child and perpetrator had an extrafamilial relationship, and if the defendant possessed child pornography. A conflict with the person who made the report (e.g. a custody dispute), a testimony from the child, a direct eyewitness, or an informal disclosure recipient were significantly more common in cases of denials. In the qualitative analysis, a range of alternative explanations behind the abuse allegations were identified. Legal professionals and investigators may benefit from considering these alternative hypotheses during their investigative and judicial work.     

The “Fragility of Goodness”: Black Parents’ Perspective about Raising Children in Toronto,Winnipeg, and St. John’s of Canada

How does one measure ‘goodness’ when all ethical choices lead to evil outcomes? To answer this question, this essay uses Martha Nussbaum’s fragility of goodness, critical race theory, and data from a SSHRC-funded study, in which we critically examine the parenting experiences of Black families in Canada. Findings suggest how racist ideas in Canada function as “color-blind” laws and policies that affect the everyday lives of Black people including their parenting practices. Our study calls on child welfare services in Canada to develop a comprehensive understanding of Black parenting practices, perhaps enabling more Black children to remain home safely.