Historical and contemporary views of social control,race, crime,and justice

This volume is a special issue commemorating Black History Month in the United States. The five papers contained in the volume address a wide variety of issues in the area of race, crime, and justice.     

Organ weight effects of drowning and asphyxiation on the lungs,liver, brain,heart, kidneys,and spleen

An examination of the organ weights associated with victims of drowning, asphyxiation and trauma was undertaken to determine (a) the effects of asphyxiation compared to a trauma group, and in turn, (b) the effects of drowning compared to an asphyxiation group. Included in the study were 217 drowning deaths, 166 pure asphyxiation deaths and 381 trauma deaths. The effects of asphyxiation (compared to trauma) resulted in elevated mean organ weights for the lungs, liver, kidneys and spleen (with mean increases of 17.8, 10.5, 10.3 and 23.4%, respectively). Effects of drowning (compared to asphyxiation) resulted in elevated mean organ weights only with the lungs and kidneys (with mean increases of 30.0 and 4.4%, respectively). Only the mean heart and brain weight remained constant across all experimental groups. A picture of drowning is suggested in which elevated lung and kidney weights are the result of both asphyxiation and the aspiration of water that occurs with drowning, whereas elevated spleen and liver weights in drowning victims are associated with only the effects of asphyxiation. In addition, the common autopsy finding of a small, anemic spleen in drowning, rather than caused by some pathophysiological mechanism of death, is hypothesized to be a postmortem phenomenon.     

Tension, compression, and shear: directions, stresses, and outcomes of health care cost control

"Control" of health care costs is often portrayed as a struggle between external, "natural" forces pushing costs up and individuals, groups, and societies trying to resist the inevitable. This picture is false. Control includes strenuous efforts by some to raise costs, and by others to resist those increases, and/or to transfer costs to someone else. But all such forces originate in the purposes and interests of individuals and groups. Health care cost control is a struggle among conflicting interests over the priorities of a society, and claims of "inevitability" are simply part of the political rhetoric of that struggle. International experience supports certain conclusions. First, there is no basis for the claim that limits on expenditure growth must threaten the health of (some members of) a society. Second, there is a substantial variety of experience with cost control. Failure in the United States is often presented as evidence of the impossibility of control, but most other countries have succeeded. Finally, control requires the direct confrontation of interests, with substantial build-up of stress. Advocates of expansion are more successful if they can transform compressive forces into efforts to shift the burden onto someone else. Pressures from providers in every country for "privatization" and/or payment by users reflect this recognition of economic interest.     

Freedom of Expression,Autonomy, and Defamation

Law and Philosophy -     

Organ weight effects of drowning and asphyxiation on the lungs, liver, brain, heart, kidneys, and spleen

An examination of the organ weights associated with victims of drowning, asphyxiation and trauma was undertaken to determine (a) the effects of asphyxiation compared to a trauma group, and in turn, (b) the effects of drowning compared to an asphyxiation group. Included in the study were 217 drowning deaths, 166 pure asphyxiation deaths and 381 trauma deaths. The effects of asphyxiation (compared to trauma) resulted in elevated mean organ weights for the lungs, liver, kidneys and spleen (with mean increases of 17.8, 10.5, 10.3 and 23.4%, respectively). Effects of drowning (compared to asphyxiation) resulted in elevated mean organ weights only with the lungs and kidneys (with mean increases of 30.0 and 4.4%, respectively). Only the mean heart and brain weight remained constant across all experimental groups. A picture of drowning is suggested in which elevated lung and kidney weights are the result of both asphyxiation and the aspiration of water that occurs with drowning, whereas elevated spleen and liver weights in drowning victims are associated with only the effects of asphyxiation. In addition, the common autopsy finding of a small, anemic spleen in drowning, rather than caused by some pathophysiological mechanism of death, is hypothesized to be a postmortem phenomenon.     

Comparative study of postmortem barbiturates, methadone, and morphine in vitreous humor, blood, and tissue

With the introduction of radioimmunoassay (RIA) techniques, it has become toxicologically possible to determine drug concentrations in postmortem vitreous humor. This study demonstrates and confirms this toxicological feasibility. In 49 medical examiner's drug related cases, postmortem tissue levels of morphine, barbiturates, and methadone were compared to the vitreous humor.     

Ironies of Crime, Control, and Criminology

Irony is a kind of communication in which shared knowledge about a particular context is formed as a counter-intuitive statement with hidden meaning. Irony is important because it branches the tree of knowledge and balances morality. This paper reviews the definition and value of irony; examines ironic works on crime and control; proposes an irony of criminology: it can be studied with science and thereby improved; draws on this idea to provide a method-based theory of theory and findings; and concludes by discussing implications for future work in reflexive criminology.     

Social disorganization perceptions, fear of gang crime, and behavioral precautions among Whites, Latinos, and Vietnamese

Gangs were an important media and policy topic during the 1990s, but few studies focused on fear of gangs specifically. Even fewer studies examined ethnic differences in perceptions of community problems, fear, and behavioral precautions due to gangs. Using Analysis of Variance (ANOVA) techniques, this article examines differences among Whites, Latinos, and Vietnamese in perceptions of community disorder and diversity, perceived risk and fear of gang crime, and resulting behavioral precautions. Results indicated that Vietnamese were most concerned about community problems and felt most at risk and afraid of gang crimes. Latinos also felt more concerned and more at risk and afraid than Whites did. Most people in all three groups practiced avoidance behaviors to avoid gang crime, but few turned to weapons for protection. Results confirmed that minorities were more afraid and point to the importance of focusing limited policy resources on populations most affected by gangs.     

Scarcity,Discourses of Implementation,and Habermasian Law and Democracy

This paper contains a critique of Habermas' discourse theory of law and democracy from an economic perspective. An example drawn from Klaus Günther's work on discourses of application suggests the failure of discourse ethics to adequately account for the problem of scarcity. This blindpoint is reflected in Habermas' legal theory through the latter's inadequate recognition of the internal connection between markets and law. Discourses of implementation are introduced as a discourse‐relevant procedure to account for the problem of scarcity. Consensus, as defined by Habermas, cannot be the agreement mode applicable to discourses of implementation.     

Race,Ethnicity, Threat,and the Designation of Career Offenders

Florida statutes allow for the application of enhanced sentences to defendants designated as “Career Offenders.” The application of these laws is discretionary and as such, prosecutors seek the designation for a fraction of the defendants who qualify. Utilizing Hierarchical Generalized Linear Modeling, this paper examines whether individual attributes, such as race and ethnicity, impact an individual's likelihood of receiving the Career Offender designation for 13,704 males sentenced to prison between 2002 and 2004. The second-level analysis incorporates county characteristics into the equation and tests whether these predictors have either a direct or a cross-level effect on the relationship. The broad theoretical framework that guides the present research is grounded in the social threat and social control perspective, which argues that minorities on both the individual and aggregate levels may be perceived as threatening in ways that can mobilize or enhance social controls.