The impact of court delays on the prosecutor and the defendant: an economic analysis

One important aspect of the economic theory of criminal court delay is to understand how the prosecutor and the defendant make their decisions, and how these respond to changes in trial delay. If both parties jointly maximise expected utility, trial delay may increase or decrease the number of trials, depending upon the decision makers' attitudes towards risk. The main policy implication is that providing the criminal courts with more resources in the form of additional judges and court capacity may lengthen the trial queue rather than shorten it. This is a counterintuitive result contrary to popular belief.

A prosecutor's guide to improving child witness interviews about alleged sexual abuse: a view from the Australian context

Child sexual abuse (CSA) cases are often not prosecuted because of poor evidential quality of the investigative interview, the central plank of CSA investigations and prosecutions. The current paper addresses the need for further direction about how investigative interviews can better meet the needs of prosecutors by presenting a transcript of interview with an experienced Crown prosecutor. In the interview, we asked the prosecutor to explain what information is required, and how information should be elicited from a prosecution perspective. The transcript was then distributed to nine Crown prosecutors who were invited to reflect on the propositions made in the transcript and indicate any areas where the prosecutor’s views were not consistent with their own. The nine prosecutors then met as a group and agreed on amendments to the transcript to ensure it was representative of their views. We present the final transcript (with amendments) as a tool for interviewers and trainers.

Facilitating child witness interviews' understanding of evidential requirements through prosecutor instruction

Prosecutors report that the evidential usefulness of child witness statements about abuse is often limited by unnecessary interview content and excessive length. Prior research indicates that this limitation may be attributed to a mismatch between interviewers' and prosecutors' understandings of the legal requirements of an interview. The aim of this study is to examine whether differences in the evidential qualities that are perceived as important by prosecutors and interviewers can be reduced through simple instruction. Five prosecutors and 33 interviewers completed a written exercise wherein participants were required to identify what aspects of information required follow-up in five hypothetical narrative accounts of abuse. Twenty of the interviewers had (prior to completing the exercise) received prosecutor instruction on the requirements of interviews in terms of the elements and particulars of sexual offences, and the manner in which necessary information is best elicited in an interview (from a legal perspective). The responses to the exercise of interviewers who had and had not received prosecutor instruction were compared. The results indicated that interviewers who had received instruction were more consistent with prosecutors in their responses to the exercise. The importance of these findings, and directions for future research, are discussed.

The public prosecutor of the terror, Antoine Quentin Fouquier-Tinville;

Mode of access: Internet.

Criminal justice alternatives for disposition of drug abusing offender cases : prosecutor.

Mode of access: Internet.

The public prosecutor of the terror, Antoine Quentin Fouquier-Tinville;

Mode of access: Internet.

Supplemental report of the Special Prosecutor /

"September 10, 1982."

Reconstruction of falsified computer logs for digital forensics investigations

Digital forensics investigations aim to find evidence that helps confirm or disprove a hypothesis about an alleged computer-based crime. However, the ease with which computer-literate criminals can falsify computer event logs makes the prosecutor's job highly challenging. Given a log which is suspected to have been falsified or tampered with, a prosecutor is obliged to provide a convincing explanation for how the log may have been created. Here we focus on showing how a suspect computer event log can be transformed into a hypothesised actual sequence of events, consistent with independent, trusted sources of event orderings. We present two algorithms which allow the effort involved in falsifying logs to be quantified, as a function of the number of `moves' required to transform the suspect log into the hypothesised one, thus allowing a prosecutor to assess the likelihood of a particular falsification scenario. The first algorithm always produces an optimal solution but, for reasons of efficiency, is suitable for short event logs only. To deal with the massive amount of data typically found in computer event logs, we also present a second heuristic algorithm which is considerably more efficient but may not always generate an optimal outcome.

An evaluation of the Australian Capital Territory Sexual Assault Reform Program (SARP): Final Report

In 2005 the Australian Capital Territory (ACT) Office of the Director of Public Prosecutions (DPP) and the Australian Federal Police (AFP) produced a report, Responding to sexual assault: The challenge of change (DPP & AFP 2005), which made 105 recommendations for reforming the way sexual offence cases are handled by the ACT’s criminal justice system. The Sexual Assault Reform Program (SARP) is one key initiative developed in response to these recommendations. Managed by the ACT Justice and Community Safety Directorate (JACS), SARP’s main objective is to improve aspects of the criminal justice system relating to: processes and support for victims of sexual offences as they progress through the system; attrition in sexual offence matters in the criminal justice system; and coordination and collaboration among the agencies involved. In November 2007 the ACT Attorney-General announced $4 million of funding for several SARP reforms. This funding provided for additional victim support staff; a dedicated additional police officer, prosecutor and legal policy officer; and an upgrade of equipment for the Supreme Court and Magistrates Court, including improvements in technology to assist witnesses in giving evidence, and the establishment of an off-site facility to allow witnesses to give evidence from a location outside of the court. In addition, the reform agenda included a number of legislative amendments that changed how evidence can be given by victims of sexual and family violence offences, children and other vulnerable witnesses. The primary objectives of these legislative changes are to provide an unintimidating, safe environment for vulnerable witnesses (including sexual offence complainants) to give evidence and to obtain prompt statements from witnesses to improve the quality of evidence captured (DPP 2009: 13). The current evaluation The funding for SARP reforms also provided for a preliminary evaluation of the reforms; this report outlines findings from the evaluation. The evaluation sought to address whether the program has met its key objectives: better support for victims, lower attrition rates and improved coordination and collaboration among agencies involved in administering SARP. The evaluation was conducted in two stages and involved a mixed-methods approach. During stage 1 key indicators for the evaluation were developed with stakeholders. During stage 2 quantitative data were collected by stakeholders and provided to the AIC for analysis. Qualitative interviews were also conducted with service delivery providers, and with a small number (n=5) of victim/survivors of sexual offences whose cases had recently been resolved in the ACT criminal justice system. The current evaluation is preliminary in nature. As the SARP reforms will take time to become entrenched within the ACT’s criminal justice system, some of the impacts of the reforms may not yet be evident. Nonetheless, this evaluation provides an insight into how well the SARP reforms have been implemented to date, as well as key areas that could be addressed in the future. Key findings from the preliminary evaluation are outlined briefly below.

Fatigued driving : prevalence, risk factors and groups, and the law

Fatigue and sleepiness are major causes of road traffic accidents. However, precise data is often lacking because a validated and reliable device for detecting the level of sleepiness (cf. the breathalyzer for alcohol levels) does not exist, nor does criteria for the unambiguous detection of fatigue/sleepiness as a contributing factor in accident causation. Therefore, identification of risk factors and groups might not always be easy. Furthermore, it is extremely difficult to incorporate fatigue in operationalized terms into either traffic or criminal law. The main aims of this thesis were to estimate the prevalence of fatigue problems while driving among the Finnish driving population, to explore how VALT multidisciplinary investigation teams, Finnish police, and courts recognize (and prosecute) fatigue in traffic, to identify risk factors and groups, and finally to explore the application of the Finnish Road Traffic Act (RTA), which explicitly forbids driving while tired in Article 63. Several different sources of data were used: a computerized database and the original folders of multidisciplinary teams investigating fatal accidents (VALT), the driver records database (AKE), prosecutor and court decisions, a survey of young male military conscripts, and a survey of a representative sample of the Finnish active driving population. The results show that 8-15% of fatal accidents during 1991-2001 were fatigue related, that every fifth Finnish driver has fallen asleep while driving at some point during his/her driving career, and that the Finnish police and courts punish on average one driver per day on the basis of fatigued driving (based on the data from the years 2004-2005). The main finding regarding risk factors and risk groups is that during the summer months, especially in the afternoon, the risk of falling asleep while driving is increased. Furthermore, the results indicate that those with a higher risk of falling asleep while driving are men in general, but especially young male drivers including military conscripts and the elderly during the afternoon hours and the summer in particular; professional drivers breaking the rules about duty and rest hours; and drivers with a tendency to fall asleep easily. A time-of-day pattern of sleep-related incidents was repeatedly found. It was found that VALT teams can be considered relatively reliable when assessing the role of fatigue and sleepiness in accident causation; thus, similar experts might be valuable in the court process as expert witnesses when fatigue or sleepiness are suspected to have a role in an accident’s origins. However, the application of Article 63 of the RTA that forbids, among other things, fatigued driving will continue to be an issue that deserves further attention. This should be done in the context of a needed attitude change towards driving while in a state of extreme tiredness (e.g., after being awake for more than 24 hours), which produces performance deterioration comparable to illegal intoxication (BAC around 0.1%). Regarding the well-known interactive effect of increased sleepiness and even small alcohol levels, the relatively high proportion (up to 14.5%) of Finnish drivers owning and using a breathalyzer raises some concern. This concern exists because these drivers are obviously more focused on not breaking the “magic” line of 0.05% BAC than being concerned about driving impairment, which might be much worse than they realize because of the interactive effects of increased sleepiness and even low alcohol consumption. In conclusion, there is no doubt that fatigue and sleepiness problems while driving are common among the Finnish driving population. While we wait for the invention of reliable devices for fatigue/sleepiness detection, we should invest more effort in raising public awareness about the dangerousness of fatigued driving and educate drivers about how to recognize and deal with fatigue and sleepiness when they ultimately occur.

Erinnerungen 1857-1934

Genealogy; childhood in Tuebingen as the youngest of 14 brothers; student life in Tuebingen; professional career; because of his being Jewish no possibility to enter career as public prosecutor; active membership in National Liberal Party and in Free Mason Lodge; World War I; closing of his law office in 1933. Contains transcriptions of numerous congratulations for his golden wedding and his 80th birthday in 1937.

The Daedalus system: A tool for the Italian investigating magistrate

Daedalus is a computer tool, developed by an Italian magistrate - Carmelo Asaro - and integrated in his own daily routine as an investigating magistrate conducting inquiries, then as a prosecutor if and when the case investigated goes to court. This tool has recently been adopted by magistrates in judiciary offices throughout Italy, spawning moreover other related projects. First, this paper describes a sample session with daedalus. Next, an overview of an array of judicial tools leads to positioning daedalus in the context of the spectrum.