No change is a good change? Restrictive deterrence in illegal drug markets

Purpose

This study applies the concept of restrictive deterrence to a sample of drug market offenders. In particular, we assess the influence of behavioral changes post-arrest on time to rearrest.

Methods

The sample consists of arrest data on all drug offences in South Australia from the start of 2000 to the end of 2007 (n = 26819). Cox proportional hazard models are used to conduct survival analyses. Supplementary models focus on those repeatedly arrested for cannabis cultivation to assess the influence of adjusting amounts of drugs on time to rearrest.

Results

Changing behaviors is related to more rapid rearrest. Switching offense location, drug seriousness, and charge seriousness are all risk factors. However, among offenders repeatedly arrested for cannabis cultivation, changing location and increasing the number of plants they grow is related to a longer period before rearrest.

Conclusions

Offenders that change their drug market behavior after being arrested appear to be placing themselves in situations in which they are more likely to fail due to the dangers of breaking into an unfamiliar market or offense pattern. Offenders with the longest post-arrest survival seem to be those that maintain their overall pattern of behavior while implementing subtle arrest avoidance techniques.     

MEDGuide and patient package inserts--again?

This article will trace the history and effects of the PPI from the time of its original concept by the FDA in the early 1970's to its current status. It will also address the response to this FDA initiative by the industry, medical community and consumer groups. Initiatives in other countries and future issues will also be discussed.     

The greater good?: issues of proportionality and democracy in the doctrine of necessity as applied in Re A

This article examines the criminal law doctrine of necessity as applied in the conjoined twins case (Re A (Children) (Conjoined Twins: Surgical Separation) [2000] 4 All ER 961). It determines that the public law principle of proportionality underlies the doctrine, but identifies the preservation of life as the guiding principle behind the Court of Appeal's use of necessity in Re A. The article is critical of this elevation of the preservation of life under the doctrine of necessity and argues for an alternative conception of necessity based upon fundamental constitutional principles such as human rights and democracy. The principle of democracy has particular pertinence to the issue of necessity because it may be endangered by this common law justificatory defence. This conflict between democracy and necessity, it is argued, further supports the need for the constitutional value of democracy to play a key role in any application of necessity in future cases.     

Subdural haemorrhage sustained in a baby-rocker? A biomechanical approach to causation

An unconscious 8 weeks old infant was admitted to hospital and found to have bilateral, subdural and retinal haemorrhages. He died the following day. The explanation for the subdural haemorrhage put forward by his carers was that the infant had been in a baby-rocker and that the carers had seen the rocker being rocked vigorously by their 14 months old daughter on two separate occasions. This paper describes the biomechanics of an infant model in the particular baby-rocker used and determines the maximum forces generated, comparing them with the 'forces' thought to be compatible with the causation of subdural haemorrhage.     

Can analysis of a small clod of soil help to solve a murder case?

Soil forensics utilizes extensive soil information to answer legal questions and test hypotheses. The main difficulty often is the determination of different variables from a small amount of soil sample collected on the suspect. We developed a sequential mineralogical and chemical analyses to assess a limited quantity of soil vestiges (0.5 g) from a suspect's vehicle (adhered to the outside rear-view mirror and to the left front fender) involved in a murder case and compared them with the surface samples found at the victim's body disposal site at the Graciosa Road, Paraná State, Brazil. All results affirm that the suspect’s vehicle could have been in contact with the edge of the Graciosa Road, approximately the place where the victim’s body was located. As a result of the soil analysis and comparison, the results support the likely contact of the suspect’s vehicle with the crime scene.     

What is a good post-separation relationship? The perspectives of Australian parents

Socio-legal research has established the importance of a ‘good’ post-separation parental relationship; however there is little work addressing the definitions and experiences of parents themselves. Thus, we have few insights into how socio-legal expectations align with those of separated parents. This paper draws on interview data from 27 separated Australian parents to explore the question: how do parents define a good post-separation parental relationship? Our analysis indicated a typology of three relationships: allied, arm’s length and autonomous relationships. These were differentiated by parents’ emotional connection, practical interdependence and deliberate co-operation in caring for their children. They shared in common parents’ focus on the wellbeing of children, which both motivated parents’ on-going connection and informed their definition of a good post-separation relationship with their former partner. Our findings indicate an alignment between socio-legal expectations of good relationships and those of parents, albeit in sometimes unexpected forms.     

Axonal injury – a diagnostic tool in forensic neuropathology?: A review

We used β-amyloid precursor protein (β-APP) to investigate our own forensic neuropathological case material (n=252) in light of the current literature on the phenomenon “axonal injury” (AI) to determine the incidence, specificity and biomechanical significance of AI and its significance for determining vitality and survival time. The case material consisted of cases of fatal nonmissile closed-head injury (n=119), gunshot injury (n=30), fatal cerebral ischemia/hypoxia (n=51), brain death caused by mechanical trauma (n=14) or nonmechanical injury (n=18), and acute hemorrhagic shock (n=20). AI was observed in 65% to 100% of cases of closed-head injury, fatal cerebral ischemia/hypoxia, and brain death with a survival time of more than 3 h; AI could not be detected in the cases of acute hemorrhagic shock. A statistically significant difference between traumatically and nontraumatically induced (nondisruptive) AI was not found. There was no statistical evidence of a correlation between AI and the different types of external force, since AI could be demonstrated after both acceleration/deceleration injuries and traumatic impact. Therefore, biomechanical inferences for reconstruction purposes are not possible. On the other hand, β-APP was found to be a definite marker of vitality. In our material, cases with a posttraumatic interval of under 180 min did not express β-APP. Moreover, the literature shows that the posttraumatic interval can be determined by other methods for demonstration of AI such as by ubiquitin immunostaining (360 min), silver staining (15–18 h), hematoxylin and eosin staining (about 24 h), or by demonstration of a microglial reaction (about 4 to 10 days) or of a few remaining isolated bulbs, without accompanying fibers, which can be detected after a survival time of up to 17 months.     

A Neoconservative Consensus in Russia?

This article analyzes the ideational consensus that has taken shape in contemporary Russian politics, including its key components, and factors both of stability and of potential erosion. Noting the extraordinary durability of this consensus, which is supported by factors including the duration of the regime itself, its support among elites and the bureaucracy, effective mobilizational propaganda and conservative orientations among the middle classes and dominant public opinion, the author draws attention to several factors – as yet less evident – that may in the future change the situation. Among these are the volatility of public opinion, potential intra-elite dynamics, and the internal contradictions of the neo-conservative idea itself.     

Law reform in small states†

Law reform can be a complex and challenging process in any jurisdiction. Small states face additional challenges, and some advantages, associated with a small population and land area. This article looks at how law reform agencies in small states adapt the law reform process, and the particular significance of comparative research in that context. It goes on to outline how, despite the challenges, small state and jurisdiction law reform agencies have made very considerable contributions to the law. Finally, the article assesses the particular utility of co-operation between law reform agencies, including through regional associations.     

The pregnant woman and the good Samaritan: can a woman have a duty to undergo a caesarean section?

Although a pregnant woman can now refuse any medical treatment needed by the fetus, the Court of Appeal has acknowledged that ethical dilemmas remain, adverting to the inappropriateness of legal compulsion of presumed moral duties in this context. This leaves the impression of an uncomfortable split between the ethics and the law. The notion of a pregnant woman refusing medical treatment needed by the fetus is troubling and it helps little simply to assert that she has a legal right to do so. At the same time, the idea that a pregnant woman fails in her moral duty unless she accepts any recommended treatment or surgery--however great the burden--is also not without difficulty. This article seeks to find a way between these two somewhat polarized positions by arguing that, instead of being a question primarily about whether legally to enforce moral obligations, the 'maternal-fetal conflict' begins with previously unrecognized difficulties in determining when a woman's prima facie moral rights invoked in the treatment context should 'give way' to the interests of the fetus. This difficulty is mirrored within the law. Thus, how can we tell when a pregnant woman has the moral or legal duty to submit to a caesarean section? Seen in this way, the conflict is a problem which lies at the interface between moral and legal rights and duties, showing that there are important conceptual links between the ethics and the law. Against this background, this article explores the limits of a pregnant woman's right to bodily integrity by focusing upon the idea of her moral duty to aid the fetus through her body. Here we find difficulties in determining the existence and extent of this somewhat extraordinary duty. Such a duty is contrasted with both negative and positive duties toward others in the course of 'general conduct.' Attention to the social context of pregnancy and the refusal of treatment within this is also instructive. Overall, the purpose is to foster understanding and acceptance of the current legal position.