The Medical Exception to the Prohibition of Killing: A Matter of the Right Intention?

It has long been thought that by using morphine to alleviate the pain of a dying patient, a doctor runs the risk of causing his death. In all countries this kind of killing is explicitly or silently permitted by the law. That permission is usually explained by appealing to the doctrine of double effect: If the use of morphine shortens life, that is only an unintended side effect. The paper evaluates this view, finding it flawed beyond repair and proposing an alternative explanation. It is not the intention of the doctor that counts, but the availability of an “objective” palliative justification.     

Does hypernatremia cause subdural hematoma in children?: two case reports and a meta-analysis of the literature

Hypernatremia has been causally linked with subdural hematoma (SDH), but more recently this has been called into question. Conversely, there is a well-established link between SDH and injury. We wish to examine the evidence base that hypernatremia in infants and young children causes SDH.We present 2 cases of children with severe hypernatremia whose intracranial contents were assessed by imaging in the first case and postmortem examination in the second. Neither demonstrated SDH. The first case was important as the hypernatremia was iatrogenic occurring in a controlled hospital environment.We also searched the literature from 1950 to 2007, collecting data on all reported cases of hypernatremia in children younger than 7 years whose intracranial contents were examined by imaging, surgery, and/or postmortem examination. Of 124 cases reported in 31 articles, 112 cases developed hypernatremia in the community, and 12 in the hospital. Subdural hematoma was demonstrated in 7 cases, all of which had developed hypernatremia in the community under circumstances that would make it difficult to exclude nonaccidental injury. None of the 12 cases that developed hypernatremia in a controlled hospital environment had SDH.The evidence base supporting the hypothesis that hypernatremia causes SDH is poor, depending on isolated reports with uncertain histories.     

In the eye of the beholder? An examination of the inter-rater reliability of the LSI-R and YLS/CMI in a correctional agency

PurposeTo examine the inter-rater reliability of two risk assessment tools: The Level of Service Inventory-Revised (LSI-R) and the Youth Level of Service/Case Management Inventory (YLS/CMI).MethodsTwo identical experiments are reported. For both studies, a random sample of 10 offenders were interviewed and videotaped with each tool (totaling 20 offenders). The tapes were then shown to a random selection of 20 raters (for a total of 40 raters) employed at a state agency. The fully-crossed design allowed each of the raters to rate the each of the cases, resulting in 200 total risk score observations for each tool. Inter-rater reliability analyses were then conducted.ResultsThe LSI-R demonstrated adequate to fair reliability, with certain domains showing lower reliability. Overall, the LSI-R had an ICC of .65. The YLS/CMI demonstrated higher reliability (ICC of .78). In addition, for the LSI-R study, comparisons were made between staff raters who work in a facility versus those in the community (e.g., probation officers). For the YLS/CMI study, comparisons were made between incarcerated offenders versus probationers. Neither comparison yielded consistent differences.ConclusionsThe YLS/CMI is generally reliable. The LSI-R showed less reliability. However, each study showed certain domains with less than ideal reliability.     

Class wars? Religion and (In)equality in the Workplace

In this paper, I seek to demonstrate the potential for conflictinherent in the prohibition of discrimination on grounds ofreligion or belief with the regulation of discrimination onother grounds. I suggest that such conflict is inevitable andthat it is a mistake to protect religion and/or belief in likemanner to grounds such as sex, race, sexual orientation anddisability. While such protection is, at present, required byEC law, I suggest that legislation along present lines is notrequired by the European Convention on Human Rights and thatit is not justified by any special quality of religion. On thecontrary, I argue that requiring the accommodation of practicesor beliefs categorised as ‘religious’ tends to perpetuatepractices and beliefs which are problematic on equality andother grounds.     

When Children are the Least Vulnerable to False Memories: A True Report or a Case of Autosuggestion?

In this case report, a legal case revolving around the reliability of statements given by a 6‐year‐old girl is described. She claimed to have witnessed her mother being murdered by her father. Two psychological experts provided diametrically opposed opinions about the reliability of her statements. One expert, a clinician, opined that the girl's statements were based on autosuggestion whereas the other expert, a memory researcher, stated that autosuggestion was unlikely to have played a role. This case and the analysis of the experts' opinions illustrate what may happen when experts in court are unaware of the recent literature on (false) memory. That is, recent studies show that autosuggestion is less likely to occur in young children than in older children and adults. The current case stresses the importance and implications of relying on memory experts in cases concerning the reliability of eyewitness statements.     

Improving Children's Recall of an Occurrence of a Repeated Event: Is It a Matter of Helping Them to Generate Options?

Three experiments were conducted to explore whether children's recall of an occurrence of a repeated event could be improved by encouraging them to consider various details that occurred across a series of events prior to making a judgement about which details were included in the target (to-be-recalled) occurrence. Experiment 1 explored whether children's recall of the target occurrence was better after the interviewer presented all the items from the series prior to the child identifying the final item. Experiment 2 explored whether having the children generate all the items facilitated their subsequent recall of the target occurrence. Finally, Experiment 3 directly compared the effectiveness of the above 2 procedures. Regardless of the children's age, the retention interval, or the type of item, children's capacity to identify which details were included in a target occurrence was enhanced when they were initially provided with all the possible details from the series of events. However, without relying on the interviewer to generate the options, the benefit of the technique was directly contingent on the children's ability to generate content details; this was a distinct source of difficulty for the children. Indeed, having children generate options had no beneficial effect on decisions about the temporal position of items unless performance was made conditional on the children's ability to remember the relevant details in the first place. The implications of the findings for the legal setting and for future research are discussed.     

Evaluating the Long-Term Effects of Prisoner Reentry Services on Recidivism: What Types of Services Matter?

We analyzed data collected for a large multi-site evaluation of 12 prisoner reentry programs in 12 states to examine the impact of pre-release services on time to rearrest and number of rearrests up to 56 months post-release for male offenders. A two-stage matching quasi-experimental design was used to define the comparison groups and multivariate models were used to examine the relationships among service and program receipt and recidivism. Participation in the reentry program was associated with longer time to arrest and fewer arrests after release. However, the specific services delivered as part of the program showed modest or inconsistent impacts on recidivism. Services that focused on individual change were more beneficial than services that focused on practical skills and needs. Practitioners should consider careful sequencing of program and service delivery in prison, linking in-prison services to post-release assistance, and evaluating all services and programs for fidelity and effectiveness.     

Overhearing the Planning of A Crime: Do Adults Outperform Children As Earwitnesses?

This study examined the reliability of earwitnesses using an ecologically realistic experimental set-up. A total of 282 participants, distributed over three age-groups (7–9 vs. 11–13 year olds vs. adults), were exposed to an unfamiliar voice for 40 seconds. After a two week delay, they were presented with a 7-voice lineup. Half of the participants were exposed to a target-present lineup (TP), and the other half to a target-absent lineup (TA). For both types of lineups the participants performed poorly. In the TP-condition only the 11–13-year olds (with 27% correct identifications) performed above chance level. Furthermore, in the TA-condition all age-groups showed a high willingness to make an identification (overall mean = 53%). For both groups of children, voice identification co-varied significantly with speaking rate and pitch level, as did pitch variation for the youngest children. Neither factor correlated significantly with the adults’ identifications.     

Only a Matter of Time? The Role of Criminal Competence in Avoiding Arrest

While prior research has shown that the probability of detection plays a role in the decision-making of many offenders, much less is known on offenders’ relative success in avoiding arrest. In this study, we draw from detailed criminal career data on 172 offenders involved in lucrative criminal activities to examine the role of criminal competence in the probability of being arrested in a given month. We examine a particular aspect of competence, criminal efficiency, which is defined as the ability to earn a relatively large amount of money for each crime committed. Our research design allows us to disentangle the effect of criminal efficiency as a static trait of offenders from the dynamic variations in efficiency that offenders experience over time. Results show that efficiency is a strong, negative predictor of arrest, both at the static and dynamic levels.     

The twilight zone between scientific certainty and legal sufficiency: should a jury determine the causation of schizophrenia?

In lawsuits involving complex scientific issues of causation, dispute resolution requires that a final decision be reached in each case, regardless of whether science is able to provide definitive answers to the questions of causation raised at trial. Proving causation before science has is a concept that scientists may find disconcerting and foreign to some of their basic assumptions. This paper explores the foregoing issues, discusses medical versus legal concepts of causation, outlines the legal tests for admissibility of novel scientific evidence (including Federal Rule of Evidence 702 and the Frye test of general acceptance by the relevant scientific community), and presents a toxic tort case in which expert psychiatric testimony addressed the issue of causation of schizophrenia. The paper articulates concerns about the "misleading aura of certainty" posed by scientific evidence and the burden of decision making that is cast upon the legal system in such scientific issue cases.     

Aspects of childhood in rural Greece: Children in a mountain village (ca. 1900–1940)

This essay examines childhood in a mountain village in central mainland Greece during the early 20th century and the interwar period. It gives an overview of an analytical case study conducted by the author within the context of the project “Historical Archives of Greek Youth” at the Greek National Research Center. The article draws on various sources, although principally on oral evidence. After a brief survey of the general and local socioeconomic context, it looks at children's lives and socialization inside and outside the household, focusing on family economy and interfamilial relationships within the context of home, school, community, and play, and tracing the relations of these domains to family and household. It points to the existence of childhoods rather than childhood, defined by gender and the specific socioeconomic position of the family. It argues that rural mountain society in Greece did not see its future in agriculture and examines the extent to which school education of boys functioned as a means of family urbanization and social mobility. Children alternated between traditional social structures and urban living patterns.     

Does the Controversy Matter? Comparing the Causal Determinants of the Adoption of Controversial and Noncontroversial Rape Law Reforms

Do the causal determinants of legal change differ for controversial and noncontroversial laws? Using rape law reforms as an example of legal change, I answer this question via a longitudinal examination of the intrastate characteristics and interstate processes that affect the adoption of both controversial and noncontroversial rape law reforms. The results show that the adoption of partial reforms significantly decreases a state's likelihood of passing a stronger version of the reform only for controversial rape law reforms. Other factors, such as women's economic power and the interstate process of diffusion similarly affect both controversial and noncontroversial reforms. Thus, contrary to the idea that the process of diffusion operates differently for controversial reforms, the results indicate that spatial proximity negatively affects the adoption of both controversial and noncontroversial rape law reforms. These findings have important implications for theoretical explanations of legal change, research on rape law reforms, and social movement research and activism.     

(Close) the Door,the King (is Going): The Development of Elliptical Resolution in Bhāṭṭa Mīmāṃsā

This paper examines three commentaries on the ?abdapariccheda in Kumārila Bha??a’s ?lokavārttika, along with the the seventeenth century Bhā??a Mīmā?sā work, the Mānameyodaya. The focus is the Mīmā?sā principle that only sentences communicate qualified meanings and Kumārila’s discussion of a potential counter-example to this claim–single words which appear to communicate such content. I argue that there is some conflict among commentators over precisely what Kumārila describes with the phrase sāmarthyād anumeyetvād, although he is most likely describing ellipsis completion through arthāpatti. The paper attempts both a cogent exegesis and philosophical evaluation of the Bhā??a Mīmā?sā view of ellipsis completion, arguing that there remain internal tensions in the account of ellipsis preferred by the Bhā??a, tensions which are not entirely resolved even by the late date of the Mānameyodaya.     

Supremacy or Primacy of EU Law—(Why) Does it Matter?

Even 50 years on the principle of supremacy or primacy is still surrounded with ambiguity, which is apparent already on the level of semantics. The principle has not carried a single name, but three. This paper argues that a disparity in the denomination of the principle amounts to much more than semantics. It exhibits conceptual differences. Different conceptualisations of the principle of primacy or supremacy entail different models of structural principles of EU law: the hierarchical, the conditionally hierarchical and the heterarchical model. These are no mere theoretical constructions; rather they have influenced concrete practices of EU law, including the most recent Kücükdeveci case as well as the Lisbon decision of the German Constitutional Court. While none of the three models has yet found an unequivocal and conclusive endorsement in the EU practice, there are compelling theoretical and practical reasons for which one of them should be preferred over the others. Whether EU law has supremacy or primacy therefore matters.     

Discharge in bankruptcy: a comparative analysis of law and practice between Malaysia,Singapore and the United Kingdom (UK) – What can we learn?

In common law jurisdictions such as Malaysia, United Kingdom and Singapore, bankruptcy law is the legal mechanism in situations where individuals fall into bankruptcy. In the UK, automatic discharge was introduced fifteen years ago. Yet, no equivalent concept of automatic discharge has been introduced in Singapore, while in Malaysia, although a new provision allowing for an automatic discharge of bankrupt was proposed in the new Bankruptcy (Amendment) Bill 2016, it has yet to come into force upon official announcement by the Malaysian authorities. This paper examines and compares the laws and practices of discharge of bankrupts in Malaysia, the UK and Singapore.