Spatial patterns of homicide and political legitimacy in Europe*

Political legitimacy, or a state's “right to rule,” has been a concern for philosophers, political scientists, and sociologists for centuries. This paper examines the relationship between European states' level of political legitimacy and violence, as represented by their homicide rate. It is theorized that political illegitimacy affects homicide through deteriorating social institutions of control, violating the rules of reciprocity between the state and citizens, and/or creating an environment of “virtual statelessness” that encourages methods of “self-help.” Focusing on the modernized societies of Europe, where legitimacy may be more important to maintaining order, the present study reveals two important findings: political legitimate states have significantly lower levels of homicide, and high and low homicide rates in Europe are significantly clustered among post-Soviet states (high) and Western Europe (low).     

Structural Covariates of Violent Crime Rates in Germany: Exploratory Spatial Analyses of Kreise

This research applies the techniques of exploratory spatial data analysis (ESDA) and spatial regression modeling to explain variation in robbery and assault rates across 413 districts or “Kreise” in Germany. The findings from ESDA reveal a distinct clustering of low rates in southern Germany, especially for robbery. The results of the spatial regression analyses indicate that for the nation at large, Kreise with high robbery and assault rates tend to be those with comparatively high levels of socioeconomic deprivation and a more urbanized environment, findings consistent with those commonly reported with data for areal units in the USA. We also observe net regional effects for the south in the regression models that pose puzzles for further inquiry into the German case, and “null effects” of the eastern region that have implications for more general debates of the potentially criminogenic consequences of the transition to market economies.     

Arid Climate Adipocere—The Importance of Microenvironment

Skeletal remains were retrieved from a cave in an arid desert environment. The submitted material consisted of dried grass, soil, and malodorous skeletal remains wrapped in leather. After examination, it was revealed that the smell had not been due to recent decomposition but to adipocere. The cause of death was listed as “undetermined” and a suggested date of death as “unknown.” Although adipocere usually requires a damp environment or submersion in water to develop, this case provides further evidence for the rare possibility of adipocere formation in an otherwise very dry environment. Wrapping of the body in leather material had produced an impermeable barrier which had sequestrated and preserved bodily fluids allowing anaerobic decay with fat hydrolysis and adipocere formation. Microenvironments may have potentially significant and quite idiosyncratic effects on decompositional processes which may initially confuse investigations.     

我国医药发明专利试验例外制度研究

医药发明专利试验例外作为我国专利法上一项新生的侵权抗辩事由,在实施中尚缺乏应有的制度保障。通过追溯医药发明专利试验例外的起源和发展,考察主要国家医药发明专利试验例外制度的具体内容,分析了我国医药发明专利试验例外在实施中将面临的困惑,并从适用范围、专利补偿期限、专利链接制度三方面入手,对我国医药发明专利试验例外制度的完善提出了建议,以期能充分实现专利药物制造商与仿制药物制造商、药物制造商与社会公众之间的利益平衡。     

RACE,RACIAL THREAT,AND SENTENCING OF HABITUAL OFFENDERS*

As legislatures proliferate novel “enhancements” to criminal sentencing, such as “three-strikes” and related provisions, and as criminologists debate their effects, the role of existing enhancements, such as habitual offender statutes, has received little empirical attention. This article explores the effect of race in the decision to prosecute and sentence eligible defendants as “habitual” offenders. During FY 1992–93, 9,690 males admitted to prison in Florida were statutorily eligible (two prior felony convictions or one prior violent felony conviction) for sentencing as “habitual” offenders. Approximately 20% received that disposition. They will serve at least 75% of their enhanced sentence as compared with the state average of about 40%. Logistic regression, controlling for prior record, crime seriousness, and other relevant factors, shows a significant and substantial race effect. The disadvantage of black defendants is particularly strong for drug offenses and for property crimes that have relatively high victimization rates for whites (larceny, burglary). Race is less consequential for violent and weapons-related crimes. Race effects are more often significant in sentencing contexts that are low in terms of percent black, racial income inequality, drug arrest rates, and violent crime rates. The relevance of these findings for a “racial threat” interpretation of sentencing outcomes is discussed.     

Optical Characterization of Some Modern “Eco‐Friendly” Fibers*

Abstract: Fibers that are termed “eco‐friendly” or “biodegradable” by manufacturers are increasingly being used in textile products such as apparel and carpeting to appeal to the ever more environmentally aware public. As such, these modern fibers are expected to begin showing up more often in forensic casework, and it is important that the forensic examiner recognize them. This study employed polarized light microscopy (PLM) and Fourier transform infrared (FTIR) microspectroscopy to characterize selected fibers of azlon, polylactic acid (PLA), cellulose composites of alginate or chitin, and bamboo (viscose rayon). Fiber cross‐sections, refractive indices, melting points, solubilities, and FTIR measurements were conducted. Results indicate that the azlons and PLA fibers are easily distinguishable from other textile fibers by their optical and chemical properties. The cellulose composites show only small differences in comparison with other cellulose‐based fibers, while bamboo viscose rayon is indistinguishable from normal viscose rayon.     

Criminalizing white-collar misconduct

In this article we examine three explanations for the differential treatment of white-collar offenders by the legal system: (1) an organizational advantage argument in which offenders in “organizationally shielded” positions receive more lenient treatment, (2) an alternative sanctions argument in which civil sanctions replace criminal sanctions in the response to white-collar crime, and (3) a system capacity argument in which the legal response to white-collar crime is driven primarily by resources and caseload pressures. These three theoretical arguments are tested through an analysis of data on individuals suspected of having committed serious crimes against savings and loan institutions in the 1980s. We seek to determine the factors that influenced prosecutors to file criminal charges against some of these suspects and not others. We conclude that all three models may be limited in their ability to explain low rates of prosecution in cases involving white-collar crimes of the sort examined here, and suggest that these limitations may have to do with the circumscribed levels of analysis at which these explanations have been pitched.     

“BACK-END SENTENCING” AND REIMPRISONMENT: INDIVIDUAL,ORGANIZATIONAL, AND COMMUNITY PREDICTORS OF PAROLE SANCTIONING DECISIONS*

An understudied contributor to the massive growth of American incarceration is an increase in the practice of reimprisoning parolees through parole board revocations—now referred to as “back-end sentencing.” To conduct the analyses outlined in this article, we use data from the California Parole Study to analyze the effects of three clusters of factors (parolees' characteristics, organizational pressures, and community conditions) on these sentences. Our analyses are informed by theories that have been used to explain “front-end” (court) sentences, which center on the focal concerns of social-control agents, labeling, and racial threat. Our results indicate that status characteristics—race/ethnicity and gender—affect the likelihood that criminal parole violators are reimprisoned. Moreover, certain “pivotal categories” of parolees—registered sex offenders and those who have committed “serious” or “violent” offenses—are much more likely to be returned to prison than others. Organizational pressure (prison crowding) also affects the likelihood of reimprisonment. Communities' political punitiveness affects the likelihood that technical violators are reimprisoned and that serious or violent offenders are reimprisoned for criminal violations. In this article, we use these findings to consider ways that mass incarceration is driven by both top-down policies as well as bottom-up organizational and community forces.     

Never a final design: interviewing Norwegian alcohol smugglers

This paper presents a typology of respondents that have been encountered in interview-based research on the illegal alcohol market in Norway. Six distinct types (“the social talker”, “the expert witness”, “the flasher”, “the manipulator” and “the paranoid”) are distinguished and their relative value discussed from a scientific perspective. Students of organized crime must learn how to handle these characters both socially and analytically, and how to avoid certain pitfalls. Challenges a researcher may meet while studying organized crime will also be discussed, like “going nervous,” “going naïve”, “going native” and “going nonchalant”. Traditional Scandinavian literature on research methods has not been very helpful in this sense.     

Industrious rebels and captains of deterrence: defiance interpreted through a Veblenian reformulation of strain theory

Strain and Defiance are criminological theories that lay ambivalent emphasis on the notion of “rebellion,” which is to say that they both regard mutinous behavior as being motivated by positive or negative ends alike. Individuals rebel, say, by stealing in order to achieve higher status (economic strain); or they may violently antagonize authority as a way to “salvage dignity” in an environment in which they have no social stake whatsoever (defiance). Conversely, they may responsibly protest to oppose blind consumerism (strain); or they may civilly disobey racist laws (political defiance). It is here argued that both theories may be construed as special cases of a general problem, which Thorstein Veblen had already diagnosed in 1899. Veblen depicted social dynamics as a battle between the deterring forces of conservatism, which are animated by an overpowering predatory-pecuniary instinct, and those of progressivism, which rely, on the other hand, on an (ever more enfeebled) instinct of cooperation and workmanship. In this Veblenian model, civil defiance represents a challenge of the peaceable middle-class to the rule of the elite, whereas economically-strained defiance is the expression of the attempt of (middle to low) classes possessed by a pecuniary drive to emulate the status of the elite itself.     

Forensic Epidemiologic and Biomechanical Analysis of a Pelvic Cavity Blowout Injury Associated with Ejection from a Personal Watercraft (Jet‐Ski)

Jet‐propelled personal watercraft (PWC) or jet‐skis have become increasingly popular. The means of propulsion of PWC, which is a jet of water forced out of small nozzle at the rear of the craft, combined with a high risk of falling off of the seat and into close proximity with the water jet stream, raise the potential for a unique type of injury mechanism. The most serious injuries associated with PWC falls are those that occur when the perineum passes in close proximity to the jet nozzle and the high‐pressure water stream enters the vaginal or rectal orifice. We describe the forensic investigation into a case of an anovaginal “blowout” injury in a passenger who was ejected from the rear seat position of a PWC and subsequently suffered life‐threatening injuries to the pelvic organs. The investigation included a biomechanical analysis of the injury mechanism, a summary of prior published reports of internal pelvic injuries resulting from PWC falls as well as other water sports and activities, and a comparison of the severity of the injuries resulting from differing mechanisms using the New Injury Severity Score (NISS). The mean (±standard deviation [SD]) NISS values for reported PWC injuries [not including the NISS of 38 in this case study] were 11.2 (±9.5), while the mean value for reported water‐skiing falls was half that of the PWC group at 5.6 (±5.2). It was concluded that the analyzed injuries were unique to a PWC ejection versus other previously described non‐PWC‐associated water sport injuries. It is recommended that PWC manufacturers help consumers understand the potential risks to passengers with highly visible warnings and reduce injury risk with revised seat design, and/or passenger seat “deadman” switches.     

Red tape and technology transfer in US government laboratories

The purpose of this paper is to gauge the effects of red tape and bureaucratization on the technology-transfer activities and effectiveness of government laboratories in the United States. Two central questions are addressed: Do laboratories involved significantly in technology transfer have more red tape than others? and Does the level of red tape have an effect on technology-transfer success? Objective and perceptual measures of red tape are used. Technologytransfer effectiveness is measured in terms of getting other organizations to adopt technology developed in the laboratory (“out the door” success) and of the commercial impact of transfers. Data are derived from questionnaire responses provided by directors of 276 federal- and state-government laboratories. Results indicate that laboratories involved in technology transfer do not have higher levels of red tape. Out-the-door technology-transfer success relates strongly to low degrees of perceived red tape, whereas high ratings for commercial impact are associated with actual low levels of red tape in acquiring project funding and lowcost equipment.     

Concentrations of Opiates and Psychotropic Agents in Polydrug Overdoses: A Surprising Correlation Between Morphine and Antidepressants

Abstract: The relationship between postmortem concentrations of morphine and co‐detected psychoactive drugs in fatal overdoses is examined. Morphine and other drugs were detected in 161 medicolegal autopsy cases. Subsets of these morphine‐positive cases based on drug class were established, including opioids, antidepressants, ethanol, benzodiazepines, and “other.” Each subset was split into high or low concentration groups based on median drug concentrations. Morphine concentrations of the [high] and [low] groups were compared, with no significant difference in morphine concentration identified in the opioid, ethanol, or benzodiazepine subsets. The “other” drug class was too heterogeneous for statistical assessment. Morphine concentrations did show a significant direct relationship (p = 0.01) with antidepressants, namely increased concentrations of antidepressant drugs are associated with an increased concentration of morphine. This trend probably remains even after excluding cocaine‐positive cases. The unsuspected finding that postmortem concentrations of antidepressants positively correlate with morphine levels may be important in the treatment of depression in drug addicts.     

Insurance Market for Global Warming Heats Up: Old Products and New Policies Respond to Climate Change Risks

Climate change, characterized by higher surface and water temperatures, will likely lead to more frequent and severe storms, floods, rising sea levels, wildfires, and loss of a variety of species. The monetary loss attributable to these events could be enormous, resulting in a variety of first-party insurance claims and third-party lawsuits. The availability of insurance coverage to pay these claims will depend on the nature of weather-related losses and the particular policies in force. Insurers have also begun to develop products that pay to rebuild to “greener” standards after fortuitous losses, encourage lower carbon emissions, and provide incentives for the implementation of sustainable business and personal practices.     

A review of the evolution and state of transboundary freshwater treaties

Internationally shared basins supply 60 % of global freshwater supply, are home to about 1/3 of the world’s population, and are focal points for interstate conflict and, as importantly, cooperation. To manage these waters, states have developed a large set of formal treaties, but until now these treaties have been difficult to access and systematically assess. This paper presents and makes publicly available the assembly and organization of the largest known collection of transboundary water agreements in existence. We apply for the first time a “lineage” concept to differentiate between independent agreements and groups of legally related texts, spatially reference the texts to a global basin database, and identify agreement purposes, goals and a variety of content areas. The 688 agreements identified were signed between 1820 and 2007 and constitute 250 independent treaties which apply to 113 basins. While the scope and content varies widely, these treaties nominally govern almost 70 % of the world’s transboundary basin area. In terms of content, treaties have shifted from an earlier focus on regulation and development of water resources to the management of resources and the setting of frameworks for that management. While “traditional” issues such as hydropower, water allocation and irrigation are still important, the environment is now the most commonly mentioned issue in treaty texts. Treaties are also increasingly likely to include data and information sharing provisions, have conflict resolution mechanisms, and include mechanisms for participation beyond traditional nation-state actors. Generalizing, treaties have become more comprehensive over time, both in the issues they address and the tools they use to manage those issues cooperatively.     

A Typology of Tax Compliance in Developing Economies: Empirical Evidence from China's Shoe Industry

Drawing on fieldwork investigations of shoe manufacturers in southeastern China, this article provides empirical evidence for understanding these businesses’ taxpaying practices. We find that since business taxpayers largely regard tax law as illegitimate, instrumental considerations dominate these taxpayers’ decisions to pay or not pay taxes. We then incorporate “structural opportunities for evasion” and “perceived costs of evasion” to develop a two‐by‐two matrix to understand the following types of behavior: aggressive evasion, obliged compliance, strategic compliance, and reciprocal compliance. We argue that this matrix explains why value added tax fraud is widespread in China while voluntary compliance is rare. It also helps to illuminate compliance more generally in developing economies.     

A review of the current understanding of burned bone as a source of DNA for human identification

Identification of incinerated human remains may rely on genetic analysis of burned bone which can prove far more challenging than fresh tissues. Severe thermal insult results in the destruction or denaturation of DNA in soft tissues, however genetic material may be preserved in the skeletal tissues. Considerations for DNA retrieval from these samples include low levels of exogenous DNA, the dense, mineralised nature of bone, and the presence of contamination, and qPCR inhibitors. This review collates current knowledge in three areas relating to optimising DNA recovery from burned bone: 1) impact of burning on bone and subsequent effects on sample collection, 2) difficulties of preparing burned samples for DNA extraction, and 3) protocols for bone decalcification and DNA extraction. Bone decalcification and various DNA extraction protocols have been tested and optimised for ancient bone, suggesting that prolonged EDTA (Ethylenediaminetetraacetic acid) demineralisation followed by solid-phased silica-based extraction techniques provide the greatest DNA yield. However, there is significantly less literature exploring the optimal protocol for incinerated bones. Although burned bone, like ancient and diagenetic bone, can be considered “low-copy”, the taphonomic processes occurring are likely different. As techniques developed for ancient samples are tailored to deal with bone that has been altered in a particular way, it is important to understand if burned bone undergoes similar or different changes. Currently the effects of burning on bone and the DNA within it is not fully understood. Future research should focus on increasing our understanding of the effects of heat on bone and on comparing the outcome of various DNA extraction protocols for these tissues.     

RECIDIVISM AMONG PAROLED PROPERTY OFFENDERS RELEASED DURING A PERIOD OF PRISON REFORM*

Data from four successive yearly cohorts and one special early release cohort of parolees are used to explore the question of whether rapid statewide changes in the administration of criminal justice affected the patterns of recidivism among persons on parole for property offenses. Given the earlier broadly constructed research reported by Ekland–Olson et al. (1993), and their conclusion that variation in shifting policies would have different effects on different types of offenses, we decided to sharpen the focus of the research questions posed by concentrating on recidivism patterns among property offenders. Three alternative explanations—compositional effects, administrative discretion, and deterrence—are explored to interpret the differences found across cohorts While suggestive, these alternative explanations remain open to question given the limitations inherent in quasi-experimental research. Conclusions related to issues of prison construction policy suggest that more attention be paid to the “replacement factor,” whereby “vacancies” left by incarcerated offenders are rapidly filled by others. If future research supports the rapid replacement hypothesis, increased levels of incarceration will yield a larger, more experienced criminal “work force” and ironically a heightened collective potential for crime.     

The Continuing Problem of the Universal to Questions of Justice: A Feminist Reading of Lars von Trier’s <Emphasis Type="Italic">Dogville</Emphasis>

What are the terms of evaluation that seem relevant in deciding whether a film is feminist or anti-feminist? Which critical practices should be engaged in such an evaluation? In recent and contemporary critical feminist practices, feminist arguments are no longer based on a stable subject category of “woman” and there is no longer any particular methodology upon which feminist theorists rely. The category of “woman” has been revealed to be not an ahistorical, stable category but an effect of material and representational practices. Further, feminist methodologies have been concerned to contextualize the framing of the questions they ask, as well as their place in the methodologies they employ. In addition to the refusal of an essentialized female subject, feminists have called into question the idea that it is possible to produce a “feminist method” based on the standpoint of a female subjectivity, even where this subjectivity is admitted as a construct, arguing that this extrapolation to the general from a particular point of view produces political, and frequently racist, effects. In this essay, I consider Lars von Trier’s controversial film Dogville (2003) as a case study to explore the relation of practices of representation to questions of feminist justice. I argue that the film does a lot of good critical work in showing the ways in which certain practices of representation can be mobilized to produce a collectivity (or “sovereignty”) that is seen to emanate from “the people” and to thereby instantiate authority, while simultaneously disguising the material and political effects of its subjugation of “others.” However, in doing this work the film produces its own problematic construction of universality and particularity. Further, the film instrumentalises representations of sexual violence and subjection in order to prove its point, and as productive as these tactics are to illuminating questions of social justice, I argue that this representational practice produces effects that need to be read as anti-feminist.