Marxism and the criminal question

The question considered is whether it is possible to trace a theoretical strategy for a criminal policy on the basis of Marx's work. The answer offered is that Marxian political and economic analysis does not supply any general theory of criminality and that any attempt to formulate such a theory (as in Lenin, Paukanis or Gramsci) necessarily leads to authoritarian and regressive conceptions of crime and punishment. Nevertheless the authors maintain that it is possible to trace three theoretical suggestions within Marxian thought which allow of a fruitful approach to the criminal question. The first suggestion relates to the economic roots of many aspects of modern criminality; the second regards the Christian and bourgeois superstition of moral liberty and individual culpability; the third suggestion deals with the lack of a guaranteed social space as the prime root of crime. These theoretical suggestions permit clarification of the social character of penal responsibility and this character points to the need for the socialization (but not deregulation) of criminal treatment.This essay grew out of a reply to a questionnaire drawn up by La questione criminale, an Italian review which tries to approach the criminal question from a Marxist standpoint.     

Suicide with a butcher's bolt

The captive bolt pistol is an atypical firearm exclusively produced and used for butchery of breeding animals, but in some rare cases, it has been used as a lethal weapon for committing suicide by butchers, breeders and other people who have access to such weapons during their professional activities. This study describes the suicide committed by a butcher in the province of Udine (N. Italy) in 2001 who shot himself with his own captive bolt pistol that produced in the right temporal region a circular wound and a bone lesion of the temporal squama with a groove involving the frontal lobe; he died five days later of the fatal consequences of the meningo-encephalic lesions. The medico-legal issues implicated in this case, seen in the light of the data reported in the international literature, illustrate the difficulties faced when diagnosing these types of lesions, bearing in mind their rarity and peculiar nature, and introduce elements of differential diagnosis regarding lesions produced by similar weapons that lead to ascertainment of the event as accidental, suicidal, or homicidal.     

Medical malpractice: a study of case histories by the Forensic Medicine Section of Bari

The learning objectives of this paper are to study the actual extent of medical malpractice, the medical acts at risk, and their impact on mortality. The number of suits filed against physicians for deaths resulting from alleged malpractice and autopsies ordered by the Judicial Authority in cases of possible therapeutic misadventures are rising. A major factor pushing this trend is public mistrust of healthcare providers and public and facilities. This mistrust is partly fueled by the mass media which, often to gain larger audience shares, sensationalizes single cases of real or alleged iatrogenic injury. Further, the potential for astronomic settlements, either from the single doctor or from the healthcare institution, has increased the number of legal proceedings that start on the basis of mere suspicion. In this context, the autopsy becomes an important instrument for shedding light on the situation, and it must be carried out by highly qualified and experienced professionals capable of ascertaining the cause of death, identifying any possible misconduct, and assessing its consequences. We reviewed the data regarding autopsies performed at the Forensic Medicine Section of the Department of Internal and Public Medicine of the University of Bari over 1991 to 2000. We culled the cases alleged malpractice and, from these, identified those in which the death had truly been caused by medical error. This study also allowed us to understand the incidence of lethal therapeutic misadventures and to identify the medical and surgical branches more frequently involved.     

Institutional decay and distributional coalitions in developing countries: The argentine riddle reconsidered

This article examines the relationship between political institutions and interest group behavior within the context of developing countries, taking Argentina as an example. More specifically, it tries to explore the relationship between the decay of weak governmental institutions and the development of strong distributional coalitions following Mancur Olson's theory of interest group behavior. While integrating the findings of previous works by political scientists and economists, this article advances an explanation that links institutional weaknesses with the failure of Argentina's main distributional coalitions to develop collective action. Lastly, the study analyzes the recent economic reforms of the Menem administration and their impact on the process of democratic consolidation. Drawing upon the theoretical and empirical discussion presented, the article argues that, contrary to the opinion of many pundits, such reforms are likely to strengthen the socioeconomic power of a select number of distributional coalitions. Thus serious doubts exist about the prospects of institution-building in Argentina in the long-run. Reprinted fromInstitutions, Parties, And Coalitions In Argentine Politics, by Luigi Manzetti, by permission of the University of Pittsburgh Press.     

An Italian Leitmotiv? Corruption and Competence in the Debates of the Italian Chamber of Deputies (1946–2014)

By making use of an original data-set built based on a codification of all investiture debates of the Italian governments from 1946 to 2014, the paper investigates the main factors that explain the choice of a party to devote its attention to the valence issues of corruption and competence in its legislative speeches. Two classes of hypotheses are tested; the first concentrates on spatial reasons, and the second concentrates on contextual factors. Both sets of factors appear to play a significant role, although no clear temporal trend emerges in party attention over almost seventy years of Italian parliamentary debates.     

The discrimination potential of diffuse-reflectance ultraviolet-visible-near infrared spectrophotometry for the forensic analysis of paper

The application of diffuse reflectance UV-VIS-NIR spectroscopy is proposed to differentiate 20 office paper samples, which had been deemed similar by a preliminary visual examination under several different lighting sources. The samples were firstly screened on the basis of the qualitative appearance of their spectra. A further discrimination was obtained by taking into account three parameters: the average reflectivity of the paper samples in the range 680-900nm, and the integrated intensity of the absorption peak in the UV range at 272nm and at 360nm. The homogeneity of these parameters on both sides of the paper sheets was assessed, detecting a very uniform distribution of the optical brighteners. A special focus was posed on the determination of the discriminative power, in order to give a quantitative parameter on the proposed procedure, which is important when reporting results to the Court. The remarkable achievement of differentiating all the examined samples was obtained by UV-VIS spectroscopy, a very less expensive technique which is readily available in practically all forensic laboratories.     

T. Squatrito,O.R. Young,A. Follesdal,and G. Ulfstein (eds.), The Performance of International Courts and Tribunals

Netherlands International Law Review -     

The spatial determinants of the prevalence of anti-elite rhetoric across parties

Abstract

The article investigates whether there are specific spatial conditions that make a party more likely to pay closer attention to anti-elite rhetoric than to alternative issues in its political confrontation with other parties. The article first treats anti-elitism as a non-policy vote-winning strategy that could be valued positively by a broad class of voters across ideological lines (its ‘quasi-valence’ attribute). It is then shown that the incentive of a party to embrace such a strategy grows as the ideological space separating that party from the other(s) shrinks. This hypothesis receives empirical support from the 2014 Chapel Hill Expert Survey Data.     

Skull and Encephalic Injuries Caused by Beach Umbrellas: Case Reports and Review of Literature

This study reports two unusual cases of skull‐encephalic injuries in bathers that were caused by violent impacts with beach umbrellas. The first case concerned a 36‐year‐old man who, while lying on a sun bed, was struck on his left temple by a beach umbrella, which had been blown away by a gust of wind. The second case concerned a six‐year‐old child who was struck on the right temporal region while he was playing on the sand. Both subjects died. A review of the literature was carried out. Various skull and brain injuries caused by several objects were found, but no injuries caused by beach umbrellas were detected. There were only cases of injuries caused by normal umbrellas. These cases showed that several objects can be responsible for traumas causing skull and brain injuries, therefore forensic investigation must be supplemented by circumstantial data.