The writings of Sir Bernard Spilsbury: Part II

This is the second and final part of the compilation highlighting the rate works of Sir Bernard Spilsbury. Despite his vast experience he never chose to write a textbook or training book for his lectures. The second part of this work includes an address entitled "Some Medico-Legal Aspects of Shock", which was presented on October 26, 1933. It was published in the Medico-Legal and Criminological Review, Vol. 2, Part 1, January 1934. (This is a publication of the Medico-Legal Society of Great Britain). The second article is a case report entitled "A Hat from a Fatal Case of Shooting". This was published in The Transactions of the Medico-Legal Society, 1927, p. 103, and was presented at a meeting held March 24, 1927.     

An Unusual Suicide Inside a Grave with Two Gunshot Wounds to the Head—The Psychological Approach

Abstract: In this report, the authors present a case of suicide committed by a 66-year-old man, inside a grave at the local cemetery, with two gunshot wounds to the head. A multiple-paged, handwritten suicide note was found in an army type bag inside the victim’s car, while a second one was found in his house. Medicolegal examination of the body revealed two typical contact gunshot entrance wounds and one exit wound to the head. Toxicological analysis of the femoral blood was negative for alcohol and drugs. The history, scene and autopsy findings, along with further police investigation, indicated an obvious case of suicide. The literature is reviewed and discussed. We report this case as the place of suicide is extremely uncommon and as there is no mention of a gunshot suicide inside a grave in the current literature.     

反垄断请求的可仲裁性问题研究——以美国为视角

本文以美国为视角,对反垄断请求的可仲裁性问题进行了探讨。文章概述了美国法院在这一问题上的态度,讨论了《纽约公约》的相关规定以及美国的有关立法和司法实践,论及了《谢尔曼法》和AmericanSafety等案件,并对美国法院审理三菱汽车公司一案的判决予以重点研究,分析了该案判决对国际商事仲裁所产生的深远影响。     

Assessment of hemorrhagic syndrome of the digestive tract in acute poisoning evaluation

Morphologic features and differential diagnostical signs of hemorrhagic syndrome variants in the digestive tract in acute poisonings are described. Medicolegal value, conditions of occurrence as well as some possibilities to prevent gastro-intestinal hemorrhage occurring due to defects when providing medical care in case of poisoning are presented.     

Panopticism and financial controls

This article examines financial controls, including accounting and auditing, as an anti-corruption methodology in public administration. Part I places accounting and auditing in the context of the anti-corruption project, the reformist pursuit of corruption-free government. Part II presents a case study of the evolution of anti-corruption accounting and auditing strategies in New York City. Part III examines the impacts of more comprehensive and intrusive financial controls for contemporary public administration.     

Giving until it hurts: prisoners are not the answer to the national organ shortage

This Note argues that prisoners, whether executed or living, should not become organ donors. The introduction acknowledges the shortage of transplantable organs in the United States and the steps that have been taken to ameliorate the crisis. Part I discusses the procurement of organs from executed prisoners, beginning with a brief examination of China, a country where this type of procurement is routinely practiced. Part I also examines organ procurement legislation pertaining to executed prisoners. Finally, Part I asserts the reasons that prisoners should not become donors, including the dead donor rule, the ban against physicians as executioners, the Oath of Hippocrates, the risk of transmissible diseases, and the negative perception that would result if organ procurement was tied to executions. Part II of this Note discusses prisoners donating their organs in return for mitigated sentences. Part II then argues that this practice should not be adopted because of the lack of informed consent and voluntary choice. Finally, Part III of this Note introduces potential solutions to the possibility of maintaining a voluntary system, moving to a presumed consent system, and using financial inducements to create a larger supply of transplantable organs.     

The devil is in the details: Managed care and the unforeseen costs of utilization review as a cost containment mechanism

This article addresses issues of liability when a single-payor in a national health care system makes a decision based on a utilization review program that injures the patient as a result. In Part I, the history of Managed Care Organizations (MCOs) is discussed to establish an understanding of the current health care landscape. Part II explains MCOs' use of utilization review to contain costs and analyzes the manner in which courts have addressed the issue of MCO liability for patient injuries sustained from denial ofcoverage. Finally, Part III concludes that current case law may limit a patient's access to a remedy for injuries sustained from a utilization review decision in a single-payor national health care system.     

Once more unto the breech: the firearms evidence in the Sacco and Vanzetti case revisited: Part I

The Sacco and Vanzetti case has a timeless appeal. It raises trenchant issues of the fairness of a criminal trial in the face of the public's hue and cry. It is a sorry reminder that physical evidence must be closeted with care and punctiliously marked for later courtroom uses. Claims of unfairness at the trial of Sacco and Vanzetti have evoked doubts of their guilt. On this issue, a Select Committee of firearms experts in 1983 reevaluated the existing firearms evidence from the Sacco and Vanzetti trial. Its conclusions, a number of which point unerringly to the guilt of Sacco and none of which add a scintilla to the case against Vanzetti, are analyzed in this paper, which is in two parts. Part I sets the stage by focussing on the facts of the crime in South Braintree, MA and the prosecutorial strategies in the use of the firearms evidence at the trial in Dedham, MA. The firearms evidence against Vanzetti is analyzed separately from that marshalled against Sacco. Part II will address the rampant charges of governmental misconduct in the handling of the firearms evidence. A concluding section of Part II reveals startling new evidence relevant to the guilt of Nicola Sacco.     

Takotsubo Cardiomyopathy in a Jeweler Following a Hold‐up: Forensic Considerations

The authors present a case of takotsubo cardiomyopathy (TTC) following physical assault. In France, public prosecutor orders a medicolegal assessment after an assault for all living victims. Medicolegal assessment aims to establish a causal relation between an aggression and the injury sustained. An 80‐year‐old jeweler was the victim of assault, restraint and confinement during the hold‐up of his jewelry store. After the event, he experienced constrictive chest pain with a sensation of oppression. Transthoracic echography showed apical and middle wall akinesis with apical ballooning pattern. In this case, the experts reasonably accepted that there was a direct, certain, and exclusive causal relation between the aggression and the cardiomyopathy. Forensic specialists should be aware of TTC because it is a frequent complication of stress situations and its incidence in forensic cases is probably underestimated.     

Homicide-suicide by a single gunshot to the head

Apart from typical suicides, there are sometimes unusual deaths from gunshots to the head. The presented case is a double death from the autopsy material of the Institute of Legal Medicine in Berlin. The report deals with a murder-suicide of a man, who killed himself and his 2-year-old daughter by a single gunshot. After having administered a tranquilizer to the child, he held her head to his own and fired a contact shot to his right temple so that the bullet passed through both heads.     

Abortion counseling: to benefit maternal health

This Note examines how both the law and the health care profession neglect women's needs for abortion counseling before, during and after an abortion. Part I analyzes the health care profession's view of counseling, the psychological effects of abortion and how counseling both positively and negatively influences those effects. Part II reviews Supreme Court cases and state law regarding abortion counseling, critizing both the Court's narrow view of counseling and the states' failure to use the legislative process to create laws which benefit maternal health. Part III recommends an expanded role for abortion counseling, in which the counselor can provide emotional support from before the day of an abortion until a woman emotionally recovers from an abortion. This expanded role would be state-mandated, but would remain within constitutional boundaries by providing flexibility for counselors to give individual treatment while respecting a woman's privacy.     

The British Police Experience

[Editor's note] The following is the text Sir Eric St. Johnston delivered before the members of the Wichita Crime Commission at their 24th Annual dinner meeting on October 19, 1977. Sir Eric St. Johnston is formerly of the Chief of Scotland Yard and Chief Inspector of Constabulary for England and Wales. Among others, he is a Knight of the Order of the Thistle, holder of the Commander Order of the British Empire, the Queen's Police Medal and the French Legion of Honour and Croix de Guerre. In his text, Sir Eric mentions various similarities and and dissimilarities regarding the police practices of two countries. He is of the opinion that there are a great deal of advantages in a centralized police system as contrasted to the American counterpart. This statement is similar to the Editor's assertion made some ten years ago. [Re: “Police Reorganization As A Deterrent to Crime,” Police, Vol. 12, No. 14, March-April, 1978, pp. 73–79. See also Crime and Delinquency Abstracts, Vol. 16, National Clearinghouse for Mental Health Information of the U.S. Department of HEW, Public Service, 1969, p. 589] Readers will find Sir Eric's text not only timely, stimulating and provocative, but also insightful through his comparison of his long career in English police with that of the United States' police. Certainly his remarks provide police planners and policy makers with what should be most pressing needs for combating the ever-increasing crime in England, the United States, and the world as a whole. The permission to reprint was obtained from Sir Eric by the Editor personally. The Editor wishes to take this opportunity to thank Mr. Maurice W. Corcoran, Managing Director, and his colleagues Mr. Will G. Price, Jr., President; Mr. Jay W. Swanson, Chairman of the Board; Mr. J. A. Mull, Jr., Past President; and Mr. William L. Connelly, Chairman, Annual Dinner Committee; all of the Wichita Crime Commission for their efforts and cooperation.     

The philosopher’s courtly love? Leo strauss, eros, and the law

This essay poses a critical response to Strauss’ political philosophy that takes as its primary object Strauss’ philosophy of Law. It does this by drawing on recent theoretical work in psychoanalytic theory, conceived after Jacques Lacan as another, avowedly non-historicist theory of Law and its relation to eros. The paper has four parts. Part I, ‘The Philosopher’s Desire: Making an Exception, or “The Thing Is...’’’, recounts Strauss’ central account of the complex relationship between philosophy and ‘the city’. Strauss’ Platonic conception of philosophy as the highest species of eros is stressed, which is that aspect of his work which brings it into striking proximity with the Lacanian-psychoanalytic account of the dialectic of desire and the Law. Part II, ‘Of Prophecy and Law’, examines Strauss’ analysis of Law as first presented in his 1935 book, Philosophy and Law, and central to his later ‘rebirth of classical political philosophy’. Part III, ‘Primordial Repression and Primitive Platonism’, is the central part of the paper. Lacan’s psychoanalytic understanding of Law is brought critically to bear upon Strauss’ philosophy of Law. The stake of the position is ultimately how, for Lacanian psychoanalysis, the Law is transcendental to subjectivity, and has a founding symbolic force, which mitigates against speaking of it solely or primarily in terms of more or less inequitable ‘rules of thumb’, as Plato did. Part IV, ‘Is the Law the Thing?’ then asks the question of what eros might underlie Strauss’ paradoxical defense of esoteric writing in the age of ‘permissive’ modern liberalism – that is, outside of the ‘closed’ social conditions which he, above all, alerts us to as the decisive justification for this ancient practice.     

Troubled Children and Children in Trouble: Redefining the Role of the Juvenile Court in the Lives of Children

This Essay considers the emerging research in the area of dual‐jurisdiction children, often referred to as “crossover kids”—those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to “track” children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court—a return to its roots—to better enable a court to consider the needs of the whole child, in context with the needs of her/his family.     

A new test for evaluating Eighth Amendment challenges to lethal injections

An explosion of Eighth Amendment challenges to lethal injection protocols has struck the federal courts. The Supreme Court's recent decision in Hill v. McDonough,1 which empowered prisoners to bring challenges to lethal injection procedures under 42 U.S.C. para. 1983, has facilitated a flood of new lethal injection cases. In response, several courts have ordered states to alter their protocols, spurring other capital inmates to litigate such challenges. Distressingly, the courts evaluating these claims have almost no law to guide them. The last Supreme Court decision applying the Eighth Amendment to a method of execution was written in 1947; that case, Louisiana ex rel. Francis v. Resweber,2 occurred before the Eighth Amendment was applied to the states and resulted in a 4-1-4 split. Although lower courts have heard numerous challenges to execution methods, few have analyzed the constitutional validity of a method of execution in detail. Making matters worse, courts that find Eighth Amendment violations must craft equitable remedies that often amount to entirely new execution protocols. No clear precedent exists to guide courts in formulating such remedies. This Note proposes a legal standard for the administration of Eighth Amendment method-of-execution claims, focusing on lethal injection cases. Part I describes lethal injection procedures and summarizes recent litigation. Part II discusses the difficulty of evaluating lethal injection claims, analyzing both general difficulties in interpreting the Eighth Amendment and specific difficulties associated with lethal injection cases. Part III proposes a standard for addressing method-of-execution claims that attempts to balance a prisoner's interest in a painless execution with a state's interest in conducting executions efficiently. Part IV discusses remedies for unconstitutional procedures. Part V concludes.     

The terrorist mind: II. Typologies, psychopathologies, and practical guidelines for investigation

Part I of this two-part article presents a psychological and political analysis of the terrorist mind. Part II describes the major current psychological classifications and typologies of domestic and foreign terrorism. Explanations are offered in terms of our current understanding of the personality and psychopathology of terroristic violence. A heuristic model of classifying terrorism in terms of personality and psychopathology is presented. In addition to guiding further research and theory on the psychology of terrorism, this model has immediate practical application to the investigation and interrogation of terrorist suspects.     

Memorializing Colonial Power: The Death of Frank Paul

Through an analysis of an inquiry into the death of an Aboriginal man in custody, I argue that the contemporary colonial relationship between white settlers and those whom they have dispossessed is spatially and racially organized as one between modern subjects and those who must be assisted into modernity. Law, in the form of an inquiry, serves to confirm these arrangements. In Part One, Redemption, I begin with the inquiry's conclusion that Frank Paul was intrinsically vulnerable. In Part Two, Memorializing, I unravel Frank Paul's story, showing the imprinting of colonial power on his body. In Part Three, Cleansing, I show that the Aboriginal body must be repeatedly evicted from the civilized spaces of the settler. In Part Four, Abandonment, when the cleansing ritual proves lethal, death is declared comprehensible, given the body's incompatibility with modern life. In Part Five, Death Worlds, I suggest that the Downtown East Side of Vancouver, Canada where Frank Paul lived is maintained as a death world where humans are reduced to the status of the living dead. Throughout, I argue that Frank Paul must be understood and remembered as an Aboriginal man whose body bore the imprint of an ongoing colonialism.     

The Tragic Plight of HIV-Infected Haitian Refugees at Guantanamo Bay

Last June marked the 14th anniversary of the closing of the world’s first, and only, HIV camp at Guantanamo Bay. This article revisits the infamous legacy of the Guantanamo Bay camp and the plight of the HIV-infected Haitian political refugees during the early 1990’s. Part I summarises the development of the United States’ immigration policy and the government’s history for excluding immigrants for health related reasons. Part II details the factual and historical background leading to the mass exodus of the Haitians and the sequence of tragic events which resulted in their confinement at Guantanamo Bay. Part III focuses on the seminal case of Haitian Centers Council, Inc. v. Sale (II) (Haitian Centers Council, Inc. v. Sale, 823 F. Supp. 1028, 1049 (E.D.N.Y. 1993)) which was responsible for bringing about the closure of the HIV camp and granting parole to all HIV-infected refugees to enter the United States. The anticipated revolutionary reform of the HIV-exclusion policy emanating from this legal triumph never materialized. The United States government successfully sought to have the case vacated from the Court’s books. Consequently, the landmark precedent does not technically exist today. What does remain is the notorious HIV-exclusion policy which was distorted by the United States government to justify their detainment. Although the epic legal and emotional struggles of the Haitians are forgotten by many, the legacy of Guantanamo Bay continues to haunt the lives of those who were prisoners of the HIV camp.     

Some recent developments in the legal relationship between parent and child

This article is based on a paper read at the Oxford Round Table Sir William Blackstone Colloquium on Public School Law in Oxford in 2000. Living and working in the 18th century, Sir William Blackstone was one of the most prominent English lawyers of all time, his influence still enduring in England and in many other countries with historical links with England. Because Blackstone regarded the relationship between parent and child as very important, the author therefore traced it through three broad periods: Blackstone's own times, South Africa before 1994 and South Africa after 1994. In preparing the paper, the author realised that many changes had taken place in the legal relationship between parent and child in South Africa since 1994 and that their implications for education management need to be explored. Education law literature in South Africa is certainly still largely dominated by the law as it was before 1994; so are the management implications drawn from it. The article has four sections: first, aspects of the parent-child relationship in South African law before the new Constitutional dispensation; second, relevant developments in South African under the new Constitution(s) and finally, a conclusion.