Correction to: The Influence of Latinisms on the Quality of the Judgments of Polish Courts

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Belarusian population genetic database for 15 autosomal STR loci

Allele frequencies of 15 short tandem repeat loci included in the AmpFlSTR Identifiler kit (Applied Biosystems) were obtained from a sample set of unrelated individuals living in Belarus (n=176). For all loci, no deviation from Hardy-Weinberg equilibrium was found. Results were compared with data available for the Belarusian minority residing in northeastern Poland and for other Slavic populations. Statistically significant differences were observed between Belarusians and all compared populations. The values of heterozygosity, polymorphic information content (PIC), power of discrimination (PD), power of exclusion (PE), paternity index (PI) and matching probability (pM) were calculated.     

The standard of care and expert evidence of accepted practice in medical negligence

The topic of this article is the perennial issue in medical negligence litigation of various kinds of the extent to which it is a defence to a charge of lack of reasonable care that the defendant's conduct complied with accepted professional practice. Recent English interpretations of the controversial Bolam principle are considered, before the current approach of the courts and the Health and Disability Commissioner in New Zealand is described, using case illustrations. In New Zealand expert medical opinion of accepted practice is relevant to, but not conclusive of, the standard of care. There is, however, more freedom than pursuant to the current English approach for a decision-maker to reject expert opinion of accepted practice, because he or she is able to examine not just the logical defensibility of the practice but its overall reasonableness, including where the practice involved a risk assessment on a matter of clinical judgment. A decision to reject expert opinion of accepted practice is more readily made in areas which do not involve assessment, diagnosis and treatment.     

Access to justice for New Zealand health consumers

New Zealand has evolved a just, sensible and balanced system for addressing adverse medical events. This article considers potential changes to enhance justice for health consumers after an adverse event. Patient motivations for claiming are described. Changes to the complaints regime are considered with the aim of opening up access to the Human Rights Review Tribunal. Modest change only is advocated, to avoid the potential for the tribunal to become a de facto appeal mechanism. The preferable solution is greater access to Health and Disability Commissioner investigations. The second part of the article considers changes, some implemented already, to the compensation regime to make it more affordable. These will compromise the ability of the scheme to address the remedial interest of injured patients in compensation. Undesirable consequences are likely to occur across the system. Policy-makers need to consider the ramifications of change for the system as a whole.     

Estimating the degree of ethanol intoxication from analysis of cerebro-cranial hematomas

314 cases of combined cerebro-cranial trauma and posttraumatic intracranial hematomas were identified of which ethanol was detected in 114 hematomas. The other investigative group was 103 hospitalized patients who had hematomas evacuated during neurosurgical procedures. In 62 of these cases ethanol was detected. Blood and urine samples were also collected and the alcohol concentration was determined in all specimens by GC and ADH. The ethanol elimination rate for autopsy and operative intracranial hematomas was approximately 0.07–0.08‰/h(±0.034‰/h). The elimination rate of ethanol from blood (β₆₀) was about two or three times greater as that from hematomas. Because of the different water content of intracranial hematomas from blood, it was necessary to adjust the ethanol concentration for water content. On the basis of the corrected ethanol concentrations and the elimination rates for both tissues it was possible to estimate the ethanol concentration at the time of injury. Intracranial hematomas are tissues of possible value in the determination of alcohol intoxication especially in alcoholism. Ethanol can be found in hematomas even after 72 h from head injury.     

Lessons from Orgreave: Police Power and the Criminalization of Protest

In October 2016, the Home Secretary ruled out a public inquiry into the ‘Battle of Orgreave', arguing that ‘very few lessons’ could be learned from a review of practices of three decades ago. It was suggested that policing has undergone a progressive transformation since the 1984–5 miners’ strike, at political, legal, and operational levels. This article, in contrast, charts a significant expansion of state control over public protest since the strike, including a proliferation of public order offences and an extension of pre‐emptive policing powers. Whilst concerns have been raised about the impact of these developments on protest rights, there is an absence of socio‐legal research into the operation of public order powers in practice. In this article, I begin to fill this lacuna. Drawing on three empirical case‐studies of protesters’ experiences of arrest and the criminal justice process, I highlight the relevance of Orgreave for contemporary policing practice.     

The Polish underground organization Wolność i Niezawisłość and anti-Jewish pogroms, 1945–6

Tokarska-Bakir’s paper considers the deep-rooted cognitive habits among informers and reporters belonging to the Polish post-war, anti-Communist underground organization Wolno?? i Niezawis?o?? (Freedom and Independence) with regard to their perception of Polish Jews. The organization's archive is preserved in the National Archives in Krakow in Poland, and it thoroughly documents its members' social beliefs and fears. A theory of pogroms formulated by Senechal de la Roche understands the pogrom as an act of social control. Using the archival documents with that theory in mind, Tokarska-Bakir analyses Wolno?? i Niezawis?o?? in relation to the anti-Jewish pogroms that took place in Rzeszów, Krakow and Kielce in the years immediately following the Second World War.