By Aliya Saied-Tessier

Every day, judges and magistrates make decisions in family courts that have substantial bearing on children’s lives, including where a child should live, who they should spend time with and who should have parental responsibility for them. The main consideration of every decision is the welfare of the child (s.1 Children Act 1989). Yet the family justice system has been described as ‘operating in the dark’ (Curtiss 2019, 25 June)1 without the necessary data to demonstrate that professionals, and the decisions they make, actually help children involved in proceedings.

This paper sets out the significance of data within the context of the family justice system, current limitations, and opportunities and recommendations for improvement. It covers all parts of the family justice system, from children’s social care involvement to family courts, including both public and private law proceedings.

Key points

• The family justice system has been described as ‘operating in the dark’, with fundamental data problems including a fragmented system of data owners and users, and significant data gaps.

• While professionals are working to improve data and its supporting infrastructure (and there are examples of positive innovations such as data linking e.g. Administrative Data Research (ADR) UK’s Data First family court dataset), it remains the case that the family justice system lags far behind other public services in terms of data availability and quality.

• A coherent plan involving all data owners and users in the system could seek to build on data improvement work, fill data gaps, publish more aggregate data, increase safe data linking, and raise standards of data literacy and use.

• The Ministry of Justice (MoJ) is best placed to oversee a data improvement plan and coordinate the rest of the system, building on the data mapping exercise undertaken by the National Centre for Social Research (NatCen).

London: Nuffield Family Justice Observatory. 2024. 25p.

By Terry Ng-Knight, Nandita Upadhyay and Kostas Papaioannou

The evaluation of the first three transparency pilot sites, undertaken by NatCen, was published in July. The report explores the availability and accessibility of data within the family justice system in England and Wales. The findings show there are data gaps, inconsistent data collection and limited accessibility with recommendations to develop a full data strategy for the Family Justice system.

London: The National Centre for Social Research (NatCan): 2024. 28p.

By Elizabeth Repko, Derrick Collins

Ridesourcing and taxi services help meet the transportation needs of many people in the U.S. Advocacy groups and other stakeholders have raised questions about the safety of these services. Sami’s Law, enacted in January 2023, provides for GAO to conduct a study on background check requirements for prospective ridesourcing and taxi drivers, and safety steps taken by ridesourcing and taxi companies. This report describes background checks of prospective ridesourcing and taxi drivers and safety features for drivers and passengers, among other objectives. GAO searched state statutes and regulations to identify states with statewide background check requirements for prospective ridesourcing and taxi drivers. GAO reviewed documents and interviewed officials from five federal agencies, six selected states, and four selected localities. GAO also interviewed representatives from five selected ridesourcing and five taxi companies. GAO selected states and localities based on their oversight of ridesourcing and taxi services, and selected ridesourcing and taxi companies to obtain variation in size and location, among other things. GAO also conducted nongeneralizable intercept surveys to examine if passengers were aware of and used selected safety features. An intercept survey is an in-person data collection method conducted in a public place (such as an airport), where a specific targeted population is asked a series of questions.

GAO-24-107093 2024. 89p.

By CARLY GARCIA

As the world regains normalcy following a global pandemic, intercountry adoption has taken a hit. Intercountry adoption within the United States reached its peak in 2004, with 22,988 children placed with families. Since 2004, the United States has seen a drastic decrease in intercountry adoption rates. In 2020, only 1,622 international adoptions took place in the United States; slightly increasing in 2021, with 1,785 children adopted. There are multiple causes for the decline in adoptions. For example, origin countries, such as Russia and Guatemala, have terminated their international adoption programs with the United States. More recently, the leading cause of this decrease is the COVID-19 pandemic. Many countries, including China, placed adoptions on hold as the coronavirus took over the world. In contrast, other countries such as Colombia and Bulgaria, relaxed their visitation rules to allow international adoptions to continue.

The current intercountry adoption laws and treaties protect children’s rights and prevent illicit adoption practices. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (“Hague Convention”) and the United Nations Convention on the Rights of the Child (“UNCRC”) established safeguards to ensure that intercountry adoptions occur in the “best interest of the child.” However, protection for adoptive parents and birth parents is left to the laws of the country in which they reside. For example, in the United States, the federal statute governing intercountry adoption is the Intercountry Adoption Act of 2000 (“IAA”). Unfortunately, despite the multiple treaties and statutes implemented to prevent illicit adoption practices, fraud still occurs

California Western International Law Journal, Vol. 53, No. 2 [2023], Art. 11

By Jesse Cale, Thomas Holt, Benoit Leclerc, Sara Singh and Jacqueline Drew

This review synthesises empirical studies from the past decade investigating child sexual abuse material (CSAM) production and distribution to gain insight into crime commission processes involved in these crimes. The findings highlight overlaps in risk factors for child sexual abuse and CSAM production and distribution, and possible unique risk factors specific to the latter. A substantial amount of CSAM is produced in family contexts, and there are different motivations and strategies for producing CSAM. Taken together, the findings provide important foundational information about the variety of crime commission processes involved in CSAM production and distribution, helping the development of effective prevention and intervention strategies for this increasingly prolific type of crime.

Trends & issues in crime and criminal justice no. 617. Canberra: Australian Institute of Criminology. 2021. 22p.

By: Nur Hasyim, Aditya Putra Kurniawan, and Elli Nur Hayati

This reports investigates the issue of violence against women using a different perspective, as opposed to studying women as the victims, the current study presents a perspective from the perpetrators of violence, namely men. The study explores how Indonesian men perceive themselves, and based upon the elaborations from the sources of the study, a strong value of male patriarchy is present among Indonesian males. With patriarchal values strongly embedded within most Indonesia men, it becomes plausible to assume that Indonesian men are susceptible to conduct violence against women. On the other hand, male hegemonic awareness becomes a large problem for men when they observe a situation that contradicts their assumptions, for example when women demonstrate to become more advanced in their education and career. In this context, men that are tied up in patriarchal cultures will view such events as threats or even a disaster.

Jambon IV Kompleks Jatimulyo Indah Yogyakarta 55242. 2011

By: Tracey Michelle Pyscher

As a society, we do not openly discuss domestic violence and yet its reality is front and center for children and youth whose lives are deeply shaped by it. At best, the school landscape is bleak for many, if not all, HDV youth (i.e. youth with histories of domestic violence and youth currently living with domestic violence). We know little to nothing about how HDV youth navigate school from their perspectives—how they engage with and resist educational discourses and practices and thus take up subject positions. What we do know from popular, psychological literature is that HDV youth are often objectified as troubled and deficient and this shapes their identities and experiences in school.

In this study, I discuss the challenges HDV youth face when they navigate normative and hegemonic interactions in school. I also analyze the resistive identities and performances HDV youth take up in response to interactions perceived as violating. The study is situated in a public, urban middle school and outlines how HDV youth make sense of their daily interactions with school peers and staff. The study is told through the subjective voices of three female middle school HDV youth—Jen, Mac, and Shanna. Their stories along with the voices of their caregivers offer a counter-narrative to the dominant discourses often shaping the representations of HDV youth.

Data analysis is grounded in the theoretical conceptions of critical sociocultural theory (Lewis, Enciso, & Moje, 2007), resistive ambivalence (Pyscher, 2015; Pyscher & Lozenski, 2014), and Scott’s (1990) conceptualization of hidden and public transcripts. I seek to better understand and theorize the intersections of actions, identities, practices, and discourses that HDV youth use in educational interactions. The methodological foundation of this study is fourfold: critical discourse studies (Gee, 2014), critical ethnography (Emerson, Fretz, & Shaw, 1995), geosemiotics (Scollon & Scollon, 2003), and mediated discourse analysis (Jones & Norris, 2005). Implications include the possibility of creating more liberating educational practices for youth with histories of domestic violence and marginalized youth in general. I conclude by suggesting that we consider creating more transgressive and humane school cultures that embody carnivallike practices.

University of Minnesota, March 2016

By: Suellen Murray and Anastasia Powell

In August 2009, in response to an attack upon a federal member of parliament by her male partner, then Prime Minister Kevin Rudd was reported in the Melbourne Age as saying that ‘acts of violence against women are cowardly acts by men and have no place in modern Australia’. In the same article, the Minister for Women, Tanya Plibersek, said domestic violence ‘remained a serious problem despite changing attitudes’. Nearly 30 years earlier, the 1981 report of the New South Wales Task Force on Domestic Violence – one of the first initiatives taken in Australian public policy in this area – had identified domestic violence as ‘a deep-seated national problem’.3 What then has happened in the past 30 years?

Advertising campaigns in the intervening years have advised us to say ‘no’ to violence and explained where, if we experienced domestic violence, we could get assistance. Such campaigns have assisted in raising awareness and bringing about changes in attitudes. Self-evidently, domestic violence has not been eliminated – the attack on the member of parliament is just one of many examples – but has it been reduced? And what policies and programs have been put in place to tackle the problem of domestic violence?

This book provides some answers to these questions. We are particularly interested in how Australian governments have responded to domestic violence over the past 30 years, that is, the period roughly from 1981 to 2011. The central purpose of this book is to critically review the range of public policy responses to domestic violence (legal, welfare and prevention responses at both federal and state levels).4 We consider how domestic violence has been understood and the approaches that have been taken, as well as the impact on groups targeted by these responses (children, women, men, and Australian Indigenous peoples). The book includes up-to-date policy and legislative case studies from Australia to illustrate these responses, and also places this work within international debates.

In this book we argue that there have been significant changes in understandings of domestic violence over the past 30 years, resulting in – and to some extent produced by – heightened policy activity in this area. These policy shifts built on the campaigns and lobbying of the women’s refuge movement from the 1970s and the subsequent activities of feminist bureaucrats in Australian state, territory, and federal governments. During the 1980s, all Australian states and territories investigated the nature and extent of domestic violence. Out of these investigations came government commitments to address domestic violence in more than the ad hoc ways of previous decades. Since then, regardless of their political persuasion, governments across all states, territories and federally have maintained an interest in domestic violence, although their approaches have varied, with more or less attention paid to gendered or feminist analyses of domestic violence.

Despite the policy shifts and service developments around domestic violence across numerous key agencies, according to 2004 data, over a third of Australian women reported experiencing at least one form of violence from an intimate male partner during their lifetime. These findings reflect those published in the national 1996 Australian Bureau of Statistics (ABS) Women’s Safety Survey, in which 36 percent of women surveyed reported experiencing some form of physical or sexual violence since the age of 15 years. Over 75 percent of these incidents were at the hands of a current or previous partner or boyfriend. Similarly, a decade later, in the 2006 Australian Personal Safety Survey, 40 percent of women reported experiencing at least one incident of physical or sexual violence since the age of 15 years. While men who experience violence are most likely to be physically assaulted by a male stranger, women remain most likely to be assaulted by a current or former partner or family member.

Australian Scholarly Publishing, 2011

By: Eden Kamar, David Maimon, David Weisburd and Dekel Shabat

Although the typical end goal of an online grooming event is to lure a minor into performing sexual activity (either online or offline), no previous study has examined the relevance of targets’ sexual knowledge on the progression of these events. To address this gap, we deployed two honeypot chatbots which simulated young female users in a sample of twenty-three online chatrooms, over a period of three months. The first chatbot simulated a sexually knowledgeable target while the second chatbot simulated a sexually naïve target. Findings from 319 online grooming events indicate that an online grooming event is more likely to progress in the presence of a sexually knowledgeable target. Moreover, we find that online grooming events with sexually knowledgeable targets lasted longer than online grooming events with sexually naïve targets. Finally, we found that sexually knowledgeable targets were more likely to be solicited for offline encounters than sexually naïve targets.

Justice Quarterly, 41(3), 452–473. 2023 https://doi.org/10.1080/07418825.2023.2241540

By: Basnama Ayaz, Graham Dozois, Andrea L. Baumann, Adam Fuseini, and Sioban Nelson

In healthcare settings worldwide, workplace violence (WPV) has been extensively studied. However, significantly less is known about gender-based WPV and the characteristics of perpetrators. We conducted a comprehensive scoping review on Type II (directed by consumers) and Type III (perpetuated by healthcare workers) gender based-WPV among nurses and physicians globally. For the review, we followed the Preferred Reporting Items for Systematic and Meta Analyses extension for Scoping Review (PRISMA-ScR). The protocol for the comprehensive review was registered on the Open Science Framework on January 14, 2022, at https://osf.io/t4pfb/. A systematic search in five health and social science databases yielded 178 relevant studies that indicated types of perpetrators, with only 34 providing descriptive data for perpetrators’ gender. Across both types of WPV, men (65.1%) were more frequently responsible for perpetuating WPV compared to women (28.2%) and both genders (6.7%). Type II WPV, demonstrated a higher incidence of violence against women; linked to the gendered roles, stereotypes, and societal expectations that allocate specific responsibilities based on gender. Type III WPV was further categorized into Type III-A (horizontal) and Type III-B (vertical). With Type III WPV, gendered power structures and stereotypes contributed to a permissive environment for violence by men and women that victimized more women. These revelations emphasize the pressing need for gender-sensitive strategies for addressing WPV within the healthcare sector. Policymakers must prioritize the security of healthcare workers, especially women, through reforms and zero-tolerance policies. Promoting gender equality and empowerment within the workforce and leadership is pivotal. Additionally, creating a culture of inclusivity, support, and respect, led by senior leadership, acknowledging WPV as a structural issue and enabling an open dialogue across all levels are essential for combating this pervasive problem.

PLOS Global Public Health, Sept. 2024.

By Scott Phillips ,  Justin F. Marceau,   Sam Kamin ,  Nicole King

In this essay, we update and expand David Baldus’s famous study of Georgia homicides in the 1970s to uncover the impact of the race and sex of homicide victims on whether a defendant was sentenced to death and ultimately executed. We show that the odds of a death sentence were sixteen times greater if the victim was a White woman than if the victim was a Black man, even when other factors that might explain the disparity were taken into account. Furthermore, we identified a clear hierarchy among victims with regard to whether a death sentence was ultimately carried out. Among the defendants who were sent to death row for killing a White woman, 30% were executed. But the share drops to 19% if the victim was a White man, 10% if the victim was a Black woman, and 0% if the victim was a Black man. We then use contemporary, nationwide Supplemental Homicide Report (SHR) data to show that the effect we identified in Georgia in the 1970s generalizes to the nation as a whole and to the present day. We argue that these disparities, which cannot be explained by factors extrinsic to the victim’s race and sex, are further evidence that the ultimate question of who lives and  dies in our criminal justice system remains unconstitutionally tainted by outdated notions of chivalry and White supremacy.   

114 J. CRIM. L. & CRIMINOLOGY 67 (2024).

By Fadzilah Hanum Mohd Mydin, Christopher Mikton, Wan Yuen Choo, Ranita Hisham Shunmugam, Aja Murray, Yongjie Yon, Raudah M. Yunus, Noran N. Hairi, Farizah M. Hairi … 

Background: The examination of psychometric properties in instruments measuring abuse of older people (AOP) is a crucial area of study that has, unfortunately, received relatively little attention. Poor psychometric properties in AOP measurement instruments can significantly contribute to inconsistencies in prevalence estimates, casting a shadow of uncertainty over the magnitude of the problem at national, regional, and global levels.

Objectives: This review rigorously employed the Consensus-based Standards for the Selection of Health Measurement Instruments (COSMIN) guidelines on the quality of outcome measures. It was designed to identify and review the instruments used to measure AOP, assess the instruments' measurement properties, and identify the definitions of AOP and abuse subtypes measured by these instruments, ensuring the reliability and validity of the findings.

Search Methods: A comprehensive search was conducted up to May 2023 across various online databases, including AgeLine via EBSCOhost, ASSIA via ProQuest, CINAHL via EBSCOhost, EMBASE, LILACS, ProQuest Dissertation & Theses Global, PsycINFO via EBSCOhost, PubMed, SciELO, Scopus, Sociological Abstract via ProQuest, Chinese National Knowledge Infrastructure (CNKI), Google Scholar and WHO Global Index Medicus. Additionally, relevant studies were identified by thoroughly searching the grey literature from resources such as Campbell Collaboration, OpenAIRE, and GRAFT.

Selection Criteria: All quantitative, qualitative (addressing face and content validity), and mixed-method empirical studies published in peer-reviewed journals or grey literature were included in this review. The included studies were primary studies that (1) evaluated one or more psychometric properties, (2) contained information on instrument development, or (3) examined the content validity of the instruments designed to measure AOP in community or institutional settings. The selected studies describe at least one psychometric property: reliability, validity, and responsiveness. Study participants represent the population of interest, including males and females aged 60 or older in community or institutional settings.

Data Collection and Analysis: Two reviewers evaluated the screening of the selected studies' titles, abstracts, and full texts based on the preset selection criteria. Two reviewers assessed the quality of each study using the COSMIN Risk of Bias checklist and the overall quality of evidence for each psychometric property of the instrument against the updated COSMIN criteria of good measurement properties. Disagreements were resolved through consensus discussion or with assistance from a third reviewer. The overall quality of the measurement instrument was graded using a modified GRADE approach. Data extraction was performed using data extraction forms adapted from the COSMIN Guideline for Systematic Reviews of Outcome Measurement Instruments. The extracted data included information on the characteristics of included instruments (name, adaptation, language used, translation, and country of origin), characteristics of the tested population, instrument development, psychometric properties listed in the COSMIN criteria, including details on content validity, structural validity, internal consistency, cross-cultural validity/measurement invariance, reliability, measurement error, criterion validity, hypotheses testing for construct validity, responsiveness, and interoperability. All data were synthesized and summarised qualitatively, and no meta-analysis was performed.

Main Results: We found 15,200 potentially relevant records, of which 382 were screened in full text. A total of 114 studies that met the inclusion criteria were included. Four studies reported on more than one instrument. The primary reasons for excluding studies were their focus on instruments used solely for screening and diagnostic purposes, those conducted in hospital settings, or those without evaluating psychometric properties. Eighty-seven studies reported on 46 original instruments and 29 studies on 22 modified versions of an original instrument. The majority of the studies were conducted in community settings (97 studies) from the perspective of older adults (90 studies) and were conducted in high-income countries (69 studies). Ninety-five studies assessed multiple forms of abuse, ranging from 2 to 13 different subscales; four studies measured overall abuse and neglect among older adults, and 14 studies measured one specific type of abuse. Approximately one-quarter of the included studies reported on the psychometric properties of the most frequently used measurement instruments: HS-EAST (assessed in 11 studies), VASS-12 items (in 9 studies), and CASE (in 9 studies). The instruments with the most evidence available in studies reporting on instrument development and content validity in all domains (relevance, comprehensiveness and comprehensibility) were the DEAQ, OAPAM, *RAAL-31 items, *ICNH (Norwegian) and OAFEM. For other psychometric properties, instruments with the most evidence available in terms of the number of studies were the HS-EAST (11 studies across 5 of 9 psychometric properties), CASE (9 studies across 6 of 9 psychometric properties), VASS-12 items (9 studies across 5 of 9 psychometric properties) and GMS (5 studies across 4 of 9 psychometric properties). Based on the overall rating and quality of evidence, the psychometric properties of the AOP measurement instruments used for prevalence measurement in community and institutional settings were insufficient and of low quality.

Authors' Conclusions: This review aimed to assess the overall rating and quality of evidence for instruments measuring AOP in the community and institutional settings. Our findings revealed various measurement instruments, with ratings and evidence quality predominantly indicating insufficiency and low quality. In summary, the psychometric properties of AOP measurement instruments have not been comprehensively investigated, and existing instruments lack sufficient evidence to support their validity and reliability.

Campbell Systematic Reviews: Volume 20, Issue 3, 2024.