Sentencing by Ambush: An Insider\u27s Perspective on Plea Bargaining Reform

The vast majority of cases in our state criminal justice system are resolved not by proceeding to trial but through negotiated plea agreements. These are contracts between the government and the accused in which both sides are negotiating for some form of benefit in the ultimate resolution. In this article, Justice Donnelly exposes what he sees as a flaw in the system in the manner in which trial court judges oversee this process of negotiation. In a significant number of cases, the state induces defendants to enter into a guilty plea with no certain sentence, amounting to an illusory agreement that confers little if any benefit on the accused. Because the sentencing court is not bound by the parties’ agreement, this flawed process exposes the accused to sentencing by ambush

Originalism and History

The notion that a jurisprudence of original intent will constrain the discretion of judges who seek to impose their own policy preferences on the law has often been attributed to a speech delivered by Edwin Meese, then-Attorney General of the United States, to an American Bar Association audience on July 9, 1985. In that speech the Attorney General was particularly critical of Supreme Court opinions relying on the Due Process Clause of the Fourteenth Amendment as a basis for requiring the states to adhere to specific provisions of the Bill of Rights. [N]owhere else [he said,] has the principle of federalism been dealt so politically violent and constitutionally suspect a blow as by the theory of incorporation. \u27 He endorsed then-Justice Rehnquist\u27s dissenting statement in Wallace v. Jaffree that it is impossible to build sound constitutional doctrine upon a mistaken understanding of constitutional history. It was after criticizing what he regarded as the Court\u27s misuse of history that Meese announced that it would be the policy of the Reagan Administration to press for a Jurisprudence of Original Intention : Those who framed the Constitution chose their words carefully; they debated at great length the most minute points. The language they chose meant something. It is incumbent upon the Court to determine what that meaning was. This is not a shockingly new theory; nor is it arcane or archaic

The Index Of Narrative Microstructure: A Clinical Tool For Analyzing School-Age Children's Narrative Performances

Purpose: This research was conducted to develop a clinical tool-the Index of Narrative Microstructure (INMIS)-that would parsimoniously account for important microstructural aspects of narrative production for school-age children. The study provides field test age- and grade-based INMIS values to aid clinicians in making normative judgments about microstructural aspects of pupils' narrative performance. Method: Narrative samples using a single-picture elicitation context were collected from 250 children age 5-12 years and then transcribed and segmented into T-units. A T-unit consists of a single main clause and any dependent constituents. The narrative transcripts were then coded and analyzed to document a comprehensive set of microstructural indices. Results: Factor analysis indicated that narrative microstructure consisted of 2 moderately related factors. The Productivity factor primarily comprised measures of word output, lexical diversity, and T-unit output. The Complexity factor comprised measures of syntactic organization, with mean length of T-units in words and proportion of complex T-units loading most strongly. Principal components analysis was used to provide a linear combination of 8 variables to approximate the 2 factors. Formulas for calculating a student's performance on the 2 factors using 8 narrative measures are provided. Conclusions: This study provided a method for professionals to calculate INMIS scores for narrative Productivity and Complexity for comparison against field test data for age (5- to 12-year-old) or grade (kindergarten to Grade 6) groupings. INMIS scores complement other tools in evaluating a child's narrative performance specifically and language abilities more generally.Communication Sciences and Disorder

Public opinion on the death penalty in Ghana

This publication reports findings from the first empirical study on public opinion on the death penalty in Ghana. The research was inspired by the work of the Constitutional Review Commission, which recommended in its final report to Government the abolition of the death penalty. The Commission advanced four main arguments for its recommendation: the current de facto abolition position does not adequately punish death penalty convicts; the lack of justification for the state arrogating to itself the right to take life; current international trends towards abolition; and belief in utilitarian principles which emphasise reformation as the fundamental aim of the justice system. As can be seen, none of these reasons makes reference to public sentiments about the death penalty. The Commission’s work involved a ‘public’ consultation, but opinion leaders and key stakeholders such as professional bodies and local advocacy groups dominated the process. For various reasons – for example, the structure of the process, lack of awareness of the consultative meetings, and the structure of people’s routine activities – a large section of Ghanaians was unable to participate in the Commission’s work. Yet, a wider public engagement would seem important given the peculiar history of the death penalty in Ghana and concerns about backlash effects in the form of vigilante violence. Moreover, Articles 3(3) and 13(1), which concern the death penalty, are entrenched provisions in the Ghanaian constitution. Therefore, notwithstanding Government’s acceptance of the Commission’s recommendations, a referendum is required to decide whether or not the death penalty should be abolished. Research evidence on the nature of public opinion on the death penalty will contribute to debate preceding the referendum. The research began following a presentation by the authors at the invitation of the European Union Delegation in Ghana and the French Embassy on the 11th World viii Day Against the Death Penalty in 2013. The research was funded by the Smuts Memorial Fund and the Cambridge-Africa Alborada Research Fund, University of Cambridge. The Centre of Criminology and Criminal Justice (Ghana) carried out the study based on a face-to-face survey of 2460 people randomly selected from four communities in Accra. The selected communities reflect the varying socio-economic and ethnic compositions of the capital city and country. The fieldwork was conducted in April and May 2014, and covered a broad range of issues in relation to the death penalty. The results showed that views about the death penalty do not appear to be polarized. The majority of Ghanaian respondents (48.3%) expressed strong opposition to the death penalty. Only 8.6% indicated strong endorsement of this form of punishment. Almost 6 out of every 10 respondents supported abolition of the death penalty in cases of murder. Among those opposed to abolition, 7 in 10 would support a discretionary death penalty in place of the current mandatory death penalty. The most preferred replacement for the death penalty was life imprisonment without the possibility of parole. Approximately, 71% of people interviewed chose life imprisonment without the possibility of parole as the alternative to the death penalty. This is consistent with the recommendations of the Constitutional Review Commission. Popular commentary on the death penalty suggests that Ghanaians support retention of the death penalty for reasons of deterrence. The evidence from this study revealed a tripod of reasons: deterrence; retribution; and justice for victims’ families. Among proponents of abolition, sanctity of life and the possibility of executing innocent people were the two prominent reasons. The data show very little evidence of potential backlash in the form of support for vigilante violence or lynching; 26% said they would take the law into their own hands if the death penalty was abolished. The ix findings from a detailed analysis showed that traditional religious beliefs about supernatural punishments were a powerful force shaping attitudes to the death penalty. People who believed in these punishments were more likely to endorse the death penalty and to resist abolition for murder. This is novel finding in the academic literature on the death penalty. However, more research is required to establish more fully the mechanisms that link these beliefs to anti-abolition attitudes. There is evidence of hotspots of death penalty views from this study. Residents of high-class neighbourhoods were likely to oppose the death penalty and to support its abolition for murder. Support for the death penalty was concentrated in low-class migrant areas. An interesting finding emerged that low-class indigenous areas were more opposed to the death penalty than middle-class areas. Finally, a key issue in death penalty research concerns the role of scientific evidence, especially evidence on deterrence effects and wrongful conviction. The findings show that evidence has both transformative and reinforcement effects. While scientific evidence does not lead to a complete rejection of the death penalty, the findings showed that some anti-abolitionists are open to a reasoned debate, and will reconsider their views in the face of scientific evidence. Taken together, the findings from this public opinion survey show a weak public support for the death penalty in Ghana. On the issue of abolishing the death penalty and possible backlash effect, the evidence suggests this is unlikely to be the case. Importantly, the survey reveals the complexity of public opinion on the death penalty and the need for evidence-based approach to understanding the roots of public concerns in order to prevent any possible backlash effects that might lead to pressure to reinstate the death penalty

A Low-Cost Tubular Biogas Digester for Rural Households in Malawi

Effective development and promotion of biogas technology can offer numerous benefits to any country. However, development and adoption this technology in Malawi has for a long time been constrained by locally unaffordable biogas digester designs. Hence the aim of the study was to develop biogas digester from locally available materials and assess its performance under Malawian environmental conditions. The study consisted of three pairs of locally constructed tubular polyethylene digesters (same design) that were fed with pig dung, goat stomach waste and kitchen food wastes. One digester in each pair was enclosed in a greenhouse structure made from transparent polyethylene. Gas production onset was quickest in digesters containing pig dung (1 day) followed by those containing goat stomach wastes (3-4 days) and lastly kitchen food wastes (14 days). Average daily gas production from digesters was 35.7 L/day and the average percentage of methane content in the biogas was 62.1 %. We therefore conclude that the overall performance of the tubular polyethylene digesters that were feed with goat stomach waste and pig dung was superior compared to other studies done at similar ambient temperatures. The flame was sustainable and usable for home and industrial purposes as the methane content was above 52%. We therefore further conclude that tubular digesters can be fabricated and used under Malawi conditions. Key words: Energy sources, Biogas, digester, methane, design, wastes, Malawi

Care Coordination for Children with Special Health Care Needs: A Scoping Review to Inform Strategies for Students with Traumatic Brain Injuries

BACKGROUND: Chronic and complex medical issues, including traumatic brain injuries (TBIs), have significant educational implications. The purpose of this study was to identify and summarize the literature on care coordination strategies among health care professionals, educators, and caregivers for children with special health care needs (CSHCN). Clarifying factors that influence care coordination for CSHCN can inform future studies on care coordination for students with TBI. Improved understanding of these factors may lead to better communication, reduction of unmet needs, more efficient service access, and improved long-term outcomes for children. METHODS A scoping review was conducted, guided by PRISMA-ScR methodology. Five databases (CINAHL, PSYCINFO, EMBASE, ERIC, PubMed) were searched to identify relevant studies that focused on care coordination and educational settings. RESULTS Twelve articles met inclusion criteria. Care coordination interventions for CSHCN used in educational settings focused on relationship-building strategies, clear procedures and roles, and education of members of the school community. CONCLUSIONS Findings highlight strategies to coordinate care for CSHCN and factors that may moderate effects of these interventions. Key stakeholders should now study these strategies specifically in children with TBI

Rehabilitating antisocial personalities: treatment through self-governance strategies

Offenders with antisocial personality disorder (ASPD) are widely assumed to reject psychotherapeutic intervention. Some commentators, therefore, argue that those with the disorder are better managed in the criminal justice system, where, following the introduction of indeterminate sentences, engagement with psychological treatment is coercively linked to the achievement of parole. By comparison, National Institute of Clinical Excellence guidelines on the management and treatment of ASPD recommend that those who are treatment seeking should be considered for admission to specialist psychiatric hospitals. The rationale is that prison-based interventions are underresourced, and the treatment of ASPD is underprioritised. The justification is that offenders with ASPD can be rehabilitated, if they are motivated. One problem, however, is that little is known about why offenders with ASPD seek treatment or what effect subsequent treatment has on their self-understanding. The aim of this paper is to address these unresolved issues. It draws on the findings of Economic and Social Research Council (ESRC) funded qualitative study examining the experiences of sentenced male offenders admitted to a specialist personality disorder ward within the medium secure estate and the medical practitioners who treat them. The data are analysed with reference to Michel Foucault’s work on governmentality and strategy in power relations. Two arguments are advanced: first, offenders with ASPD are motivated by legal coercive pressures to implement a variety of Foucauldian-type strategies to give the false impression of treatment progress. Second, and related, treatment does not result in changes in self-understanding in the resistive client with ASPD. This presupposes that, in respect of this group at least, Foucault was mistaken in his claim that resistive behaviours merely mask the effectiveness of treatment norms over time. Nevertheless, the paper concludes that specialist treatment in the hospital setting can effect changes in the resistive offender’s self-understanding, but not if the completion of treatment results, as is commonplace, in his prison readmission

The Origin of Article I, Section 7 of the Washington State Constitution

This Article will demonstrate that history does in fact provide guidance to the intention of the framers when they rejected the language of the Fourth Amendment and adopted the unique language of article I, section 7. Contrary to the Ringer court\u27s assertion, federal and state case law, legal academic articles, and newspaper articles from the late nineteenth century and early twentieth century provide a wealth of information from which the rationale behind the framers\u27 decision to choose the specific language in article I, section 7 can be hypothesized

Enforcement and compliance: critical practices for community rehabilitation companies and the new NPS?

Efforts to secure compliance have always been a core element of probation practice,although compliance has been constructed in diverse ways and promoted through different means throughout its history. This article takes a brief historical perspective and reviews recent research on enforcement practices and developing understandings of compliance. These guide a critical discussion of the practices that might develop as responsibilities for enforcement are divided between the new National Probation Service (NPS) and Community Rehabilitation Companies (CRCs) under the Transforming Rehabilitation agenda, highlighting inevitable tensions and challenges, and anticipating how inter-agency practices might shape the ongoing construction of compliance. Charging more than one agency with responsibilities in relation to enforcement is tricky and creates risks in terms of legitimacy, credibility and justice. On the whole, future prospects seem difficult, but not hopeless and, in particular, there are examples of positive practices in probation and youth justice for the NPS and CRCs to draw upon as they develop their inter-agency structures and processes. Elsewhere, initiatives in problem-solving courts, focused, for example, on drug users, may also give indicators of constructive ways forwar