“Murder–Suicide” or “Murder–Accident”? Difficulties with the Analysis of Cases

Abstract: Homicide where a perpetrator is found dead adjacent to the victim usually represents murder–suicide. Two incidents are reported to demonstrate characteristic features in one, and alternative features in the other, that indicate differences in the manner of death. (i) A 37‐year‐old mother was found dead in a burnt out house with her two young sons in an adjacent bedroom. Deaths were due to incineration and inhalation of products of combustion. (ii) A 39‐year‐old woman was found stabbed to death in a burnt out house with her 39‐year‐old de facto partner deceased from the combined effects of incineration and inhalation of products of combustion. The first incident represented a typical murder–suicide, however, in the second incident, the perpetrator had tried to escape through a window and had then sought refuge in a bathroom under a running shower. Murder–accident rather than murder–suicide may therefore be a more accurate designation for such cases.     

What Is “Law,” if “the Law” Is not Something that “Is”? A Modest Contribution to a Major Question

After proposing an alternative definition of what “law” (jurisprudential concept) is, this article demonstrates the impossibility of identifying “the law” (what law‐makers announce, relative to a particular jurisdiction) as something that is in a particular way. Rather, the law is a more or less abstract range of options. Drawing upon this conclusion, the article calls for a reassessment of how we view the role of law‐makers. We need to remove the mystery that surrounds the law so as to provide for greater transparency. This transparency can be gained by requiring law‐makers to declare their inescapable biases where they influence their lawmaking.     

Dworkin and Phenomenology of the “Pre‐Legal”?

Ronald Dworkin states in his preface to “Law's Empire” (1986) that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and that is a Phenomenology of the Pre‐Legal.     

National Academy of Sciences “Standardization”: On What Terms?

The frequently cited 2009 National Academy of Sciences Report entitled “Strengthening Forensic Science in the United States: A Path Forward” has become a focal point of forensic science practitioners' discussions and research since its publication. One of its recommendations is “Standardized Terminology and Reporting”. Little has been published to date on this topic, although conversations and dialogs on the subject are ongoing. The upshot of this communication is to draw attention to the problem of one term in particular, perimortem, which may be only the proverbial “tip of the iceberg” in the lexicon‐related concerns of forensic scientists. Even if it is an isolated issue, it is one that reflects the need for a consensus on term use and definitions by interdisciplinary practitioners who are currently using the term haphazardly, to the confusion of colleagues and potentially finders‐of‐fact in the courts.     

How “Standardized” is Standardized? A Validation of Postcranial Landmark Locations

Since the mid‐1990s, osteometrics have been a major aspect in forensic anthropology. However, recent evidence has shown that practitioners have been using differing points to establish certain measurements; namely those involving the clavicle, scapula, ulna, femur, and tibia. Engaging 61 practitioners, this study examined and confirmed how extensive this discord is. The highest consistency rate among practitioners was the scapular breadth (62.3%), followed by the femoral anteroposterior subtrochanteric diameter (55%). All other levels fell below these, particularly the physiological length of the ulna which was the most inconsistently measured bone. Furthermore, these low consistency rates yielded percent mean differences between two and 20% of the measurement length, with ranges averaging 14 mm. In light of these results, it is recommended that the field take steps to improve the standardization of such problematic measurements, including reexamining all measurements currently listed in osteometric texts, reassessing the utility of each, and reissuing a comprehensive guide.     

The Spokesman Conundrum: “Is It Good for the Jews?”

Woest, Victoria Saker. 2012 . Henry Ford's War on the Jews and the Legal Battle Against Hate Speech . Battles concerning who legitimately speaks for minority groups pervade US history. The historically decentralized organization of American Jewry affords a prime example of this key leadership dilemma. Competing approaches to how to deal with Henry Ford's virulent anti‐Semitism and extensive hate speech in the 1920s underscore the familiar, yet seldom carefully analyzed, tension between confrontation and negotiation that is often faced by outside groups and their spokesmen who seek change, wish to defend themselves, and/or hope for increased inclusion.     

Business as Usual? Bail Decision Making and “Micro Politics” in an Australian Magistrates Court

Between the 1970s and 1990s, political scientists in the United States pursued a distinctive research program that employed ethnographic methods to study micro politics in criminal courts. This article considers the relevance of this concept for court researchers today through a case study about bail decision making in a lower criminal court in Australia. It describes business as usual in how decisions are made and the provision of pretrial services. It also looks at how traditionalists and reformers understood business as usual, and uses this as a critical concept to make visible micro politics in this court. The case study raises issues about organizational change in criminal courts since the 1990s, since there are fewer studies about plea bargaining and more about specialist or problem‐solving courts. It is suggested that we need a new international agenda that can address change and continuity in criminal courts.     

“Tort Tales” and TV Judges: Amplifying,Modifying, or Countering the Antitort Narrative?

This article joins the debate about the popular pervasiveness of antitort and antilitigation attitudes by examining whether, and to what extent, antitort or antilitigation sentiment is present in the narratives about law offered by reality‐based television judge shows. Given the persistent debate about tort reform and scholars' recognition of the role played in this debate by simplified narratives about the legal system, we analyze whether reality‐based TV judge shows as a genre contribute to the creation and dissemination antitort and antilitigation sentiment. Earlier studies led us to hypothesize that TV judge shows would largely support the antitort and antilitigation narratives. After coding over 55 hours of such shows, however, we conclude that they do not adopt this narrative. Rather, these shows present a view of the civil law system that largely treats plaintiffs' claims as legitimate and showcases the majority of defendants as wrongdoers. In spite of this, we argue that the particular dramatic qualities of TV judge shows limit their potential to serve as a strong counternarrative to antitort and antilitigation stories.     

What is Left of the Law and Society Paradigm after Critique? Revisiting Gordon's “Critical Legal Histories”

For more than twenty‐five years, Robert Gordon's “Critical Legal Histories” has been savored by legal historians as one of the most incisive explanations available of what legal history can and should be. Gordon's essay, however, is of significance to the course of sociolegal studies in general. This commentary offers an appreciation, and a critique, of “Critical Legal Histories.” It explores Gordon's articulation of the central themes of critical legal studies, in particular his corrosion of functionalism and embrace of the indeterminacy thesis, and assesses the consequences for sociolegal and legal‐historical analysis of the resultant stress on the contingency and complexity of social life.     

Lawyers' Perceptions of the U.S. Supreme Court: Is the Court a “Political” Institution?

Do legal elites—lawyers admitted to federal appellate bars—perceive the Supreme Court as a “political” institution? Legal elites differentiate themselves from the mass public in the amount and sources of information about the Court. They also hold near‐universal perceptions of Court legitimacy, a result we use to derive competing theoretical expectations regarding the impact of ideological disagreement on various Court perceptions. Survey data show that many legal elites perceive the Court as political in its decision making, while a minority perceive the Court as activist and influenced by external political forces. Ideological disagreement with the Court's outputs significantly elevates political perceptions of decision making, while it exhibits a null and moderate impact on perceptions of activism and external political influence, respectively. To justify negative affect derived from ideological disagreement, elites highlight the political aspects of the Court's decision making rather than engage in “global delegitimization” of the institution itself.     

IS BEING “SPIRITUAL” ENOUGH WITHOUT BEING RELIGIOUS? A STUDY OF VIOLENT AND PROPERTY CRIMES AMONG EMERGING ADULTS

Although prior research has had a tendency to confirm a negative association between religiousness and crime, criminologists have been slow to incorporate new concepts and emergent issues from the scientific study of religion into their own research. The self‐identity phrase “spiritual but not religious” is one of them, which has been increasingly used by individuals who claim to be “spiritual” but disassociate themselves from organized religion. This study first examines differences in crime between “spiritual‐but‐not‐religious” individuals and their “religious‐and‐spiritual,” “religious‐but‐not‐spiritual,” and “neither‐religious‐nor‐spiritual” peers in emerging adulthood. Specifically, we hypothesize that the spiritual‐but‐not‐religious young adults are more prone to crime than their “religious” counterparts, while expecting them to be different from the “neither” group without specifying whether they are more or less crime prone. Second, the expected group differences in crime are hypothesized to be explained by the microcriminological theories of self‐control, social bonding, and general strain. Latent‐variable structural equation models were estimated separately for violent and property crimes using the third wave of the National Longitudinal Study of Adolescent Health. The overall results tend to provide a partial support for the hypotheses. Implications for criminology and future research are discussed.     

“EXPERIENCE OF THE EXPECTED?” RACE AND ETHNICITY DIFFERENCES IN THE EFFECTS OF POLICE CONTACT ON YOUTH*

Proponents of police reform have called for changes in the way police interact with citizens, particularly with people of color. The rationale, in part, is that when people have more favorable perceptions of their police encounters, they view the police as more just and are more willing to cooperate and comply with the law. To assess whether perceptions of police‐initiated encounters shape law‐related outcomes, we examine how satisfaction with treatment during prior police contact affects procedural injustice, reporting intentions, norms supporting the use of violence, and delinquency. We also explore whether these relationships vary among Blacks, Whites, and Latinos. Our results indicate that youth who have been stopped or arrested fare worse than their counterparts with no police‐initiated contact; however, the potentially negative ramifications of these encounters on all outcomes except violence norms are generally mitigated when youth are satisfied with their treatment. The effects of contact are mostly invariant across racial/ethnic groups when a robust set of control variables are included. We conclude that changing the perceptions of youth regarding how they are treated by the police may mitigate some of the harms of being stopped or arrested, but we caution that these perceptions are shaped by factors aside from police behavior during encounters.     

Pressured into a Preference to Leave? A Study on the “Specific” Deterrent Effects and Perceived Legitimacy of Immigration Detention

Immigration detention is formally not a punishment, but governments do use it to deter illegal residence. This study examines whether and how immigration detention affects detainees’ decision‐making processes regarding departure, thereby possibly resulting in de facto “specific deterrence.” Semistructured face‐to‐face interviews were conducted in the Netherlands with 81 immigration detainees, and their case files were examined. Evidence is found for a limited, selective deterrence effect at the level of detainee's attitudes: most respondents considered immigration detention a painful and distressing experience, but only a minority—mostly labor migrants without family ties in the Netherlands—developed a preference to return to their country of citizenship in hopes of ending their exposure, including repeated exposure, to the detention. In line with defiance theory, we find that eventual deterrent effects mostly occurred among detainees who also attributed some measure of legitimacy to their detention. Among some detainees, the detention experience resulted in a preference to migrate to a neighboring European country.     

Falling Short of Constitutional Norms: Does “Normative (In)Congruence” Explain the Courts' Inability to Promote the Right to Water in South Africa?

In South Africa, municipal noncompliance with legislation promoting the constitutional right to sufficient water is both a failure of the rule of law and a betrayal of that right. Judicial intervention has prompted formalistic compliance with water law, but the underlying commitment to sufficient water remains unfulfilled. Does the inability of courts to achieve social justice despite enforcing social legislation confirm the thesis that commitments to the rule of law and to social justice are inconsistent, that upholding the rule of law may not advance social justice? This article offers an alternative to this “inconsistency thesis,” arguing that the rule of law can accommodate social justice if it demands normative congruence alongside congruence with formal rules. Empirical investigation reveals that structural challenges and the multifarious normative demands on officials create a condition of normative incongruence that impedes the pursuit of social justice, even as courts compel congruence with formal rules.