Lawmaking and sentencing in rape and child sexual abuse cases in Poland – dead end or rational criminal policy?

Criminal Law Forum - Sexual offences have assumed crucial importance in Polish criminal policy in recent years. Several statutes have been enacted with a view to implementing a more appropriate...     

Does sexual dimorphism in facial soft tissue depths justify sex distinction in craniofacial identification?

Separation of male and female soft tissue depths into discrete groups for craniofacial identification implies that males and females differ enough from each other, with respect to this application, for this distinction to be useful. In this study, previously published soft tissue depth data were analyzed for sex separation. It was found that the variation within each sex was large while the variation between the sexes was small. Often the value of two standard deviations of the measurement for either sex was larger than the difference displayed between the means of each sex. Furthermore, opposite sex overlap in regions defined to be close to the male or female mean were found to be large and the amount of variance explained by sex was small (less than 6% on average). These results indicate that while male and female means at single craniofacial landmarks may differ slightly, and even at statistically significant levels, individual male and female soft tissue depths are often the same or very similar. On average, soft tissue depths of the face do display some sexual dimorphism but it is not marked and of little practical meaning for craniofacial identification where a single individual must be independently considered. Thus, there is little use in separate reporting of data for males and females and data should be combined to increase sample sizes.     

Predicting mouth width from inter-canine width--a 75% rule

It has been suggested that inter-canine width plus 57% of the cumulative distance between the lateral aspect of the canines and the pupil centers can be used to estimate mouth width. Evidence also suggests that the distance between the medial irises approximates actual mouth width fairly well. However, these soft tissue prediction guidelines are limited because they rely on accurate medio-lateral positioning of the pupils within the orbits, for which no systematic empirical evidence appears to exist at this stage. It would, therefore, be more appropriate to use only known hard tissue landmarks in mouth width prediction. This study reports the results of using inter-canine width as a percentage of mouth width for its prediction. This method seems favorable in comparison to the other guidelines because it is as accurate, uses known hard tissue landmarks, and does not rely on assumptions concerning pupil location. Estimating mouth width by using the canines alone, therefore, seems the best guideline to use in facial approximation techniques, at least given knowledge existing at this stage.     

Perception of the relations between former colonial powers and developing countries

People register and process stimuli every day, creating an image of space–time reality involving multifaceted relations between various states. The authors have created a database consisting of articles from the periodical Le Monde diplomatique from 1954 to 2009. This paper focuses on investigating how strong relations are between former colonial powers and developing countries. The authors present an index showing the frequency of coincidence of opinion-shaping content in articles about one of the selected world powers and a developing country; they next establish a quantitative reference to dependency and world-systems theories.     

The Scope of Application of Analogical Reasoning in Precedential Law

This article describes the scope of application of an analogical argument in the province of precedential law. Inter alia, it revolves around such issues of the doctrine of precedent as: distinguishing, ascertaining and crystallizing the meaning of ratio decidendi or expanding its coverage onto the cases of first impression. Allowance has also been made for the presence of analogy in searching for the law-maker’s intention, the determining of the obsolescence of precedents and quoting precedents out-of-jurisdiction. The place analogical reasoning has in legal education has also been touched upon. On top of that, the article highlights the usage of analogy in precedential law which enables the replacement of the conception of rationes decidendi for the proposition of applying judicial precedents directly upon the relationship of similarity that obtains between cases decided previously and the instant case.     

Restrictions on the Use of Analogy in Law

This article touches on the issue of the restrictions and bans concerning the use of analogical reasoning in law. In order to clearly present this topic, the Author appeals to different branches of law, having thus a separate regard for criminal law, tax law, administrative law, private law and legal procedures. In this context, he also pays attention to the domain of the constitutional law and the practice of the Court of Justice of the European Union. Additionally, allowance has been made for some other interpretative directives that aim to truncate the potential usage of an analogical argument in law such as the principle that exceptions should not be extended, the requirement not to meddle with the plain and precise meaning of the wording of statutory provision or a ban on negating the ‘exhaustive’ nature of some statutory enumerations through extending them analogically.     

Postmortem Analysis of Electrogram Records from an Implantable Cardioverter‐Defibrillator (ICD) in the Reconstruction of a Road Traffic Accident

The case of a 69‐year‐old man, equipped with an ICD and suffering from several chronic cardiac diseases, who died in a car accident, was presented. We analyzed electrogram records from the ICD explanted from the body during the autopsy, which showed that the driver had suffered from malignant ventricular arrhythmia—ventricular fibrillation (VF). A thorough analysis of the details of the accident, as well as the timing of VF and the rhythm observed after the discharge of the ICD showed that the direct cause of the accident was the episode of arrhythmia resulting in a loss of consciousness. Therefore, the presented case illustrates the usefulness of postmortem analysis of electrogram records from ICDs in the reconstruction of road traffic accidents. In such cases, if the victims are implanted with ICDs, it should be a routine procedure performed by forensic pathologists.     

Hierarchical,Three‐Dimensional Measurement System for Crime Scene Scanning

We present a new generation of three‐dimensional (3D) measuring systems, developed for the process of crime scene documentation. This measuring system facilitates the preparation of more insightful, complete, and objective documentation for crime scenes. Our system reflects the actual requirements for hierarchical documentation, and it consists of three independent 3D scanners: a laser scanner for overall measurements, a situational structured light scanner for more minute measurements, and a detailed structured light scanner for the most detailed parts of tscene. Each scanner has its own spatial resolution, of 2.0, 0.3, and 0.05 mm, respectively. The results of interviews we have conducted with technicians indicate that our developed 3D measuring system has significant potential to become a useful tool for forensic technicians. To ensure the maximum compatibility of our measuring system with the standards that regulate the documentation process, we have also performed a metrological validation and designated the maximum permissible length measurement error E_MPE for each structured light scanner. In this study, we present additional results regarding documentation processes conducted during crime scene inspections and a training session.     

Regional Disparities in Central and Eastern European Countries: Trends,Drivers and Prospects

Growth in Central and East European countries (CEE) is territorially unbalanced, more so than in most other parts of the EU. The benefits of transformation in these countries have been unequally distributed among particular social groups and territories—with the emergence of highly educated and internationally successful professionals and entrepreneurs located mainly in metropolitan areas on the one hand, and structural unemployment, persistent poverty and social exclusion in peripheral regions on the other. These regional imbalances are characterised by a process of metropolisation that has privileged a handful of dynamic urban centres while exacerbating the structural problems of old industrial regions, vast rural areas and regions located on borders, and especially the EU's eastern borders. Different as they are in social, cultural and geographical terms, these declining or stagnating regions share general problems of economic peripherality and many negative effects of structural change, such as rural depopulation, ‘brain drain’, disinvestment and, frequently, below-average levels of socio-economic well-being. This polarised economic and territorial development within CEE poses challenges not only for the respective countries, but also for European cohesion.