A Painting,a Crime,a Controversy

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The exhibition by the Whitney Museum of American Art of a painting of the lynched Emmett Till by...     

THE FORM OF REFORM: REVISITING THE CHOICE AMONG A CREED,A CODE,AND A CATALOGUE

In the past, international Evidence law reformers have focused primarily on substantive evidentiary doctrines. However, for reforms to be effective, the courts and legislatures must state the revised doctrines in a form that promotes the overall objectives of the legal system. The basic choice facing reformers is among a creed identifying broad goals, a code stating flexible principles, and a catalogue prescribing detailed rules. In the past, especially in the United States, there was a consensus among Evidence scholars that the code format is preferable. However, if a key objective of a national legal system is to encourage pretrial disposition of cases, the courts and legislatures should give serious thought to utilizing a catalogue format. That format is especially attractive in the doctrinal areas such as privilege in which evidentiary rules are intended to affect primary behavior outside the courtroom.     

A baby, a virus, and a rat

The authors present a case initially thought to be a child abuse homicide that, after complete autopsy and thorough investigation, was determined to be caused by a viral infection and complicated by postmortem animal activity. Neonatal herpes simplex infection and postmortem skin defects are discussed.     

A fatality involving secobarbital, nitrazepam, and codeine

A fatal case involving the suicidal ingestion of secobarbital, nitrazepam, and codeine is presented. The drugs were quantified using gas chromatography for codeine and high-performance liquid chromatography for the two other drugs. The blood concentrations of secobarbital, nitrazepam, and codeine were found to be 11.48, 1.72, and 0.036 microgram/ml, respectively. Results are discussed in the light of the existing literature.     

The Lawyer's Amoral Ethical Role: A Defense, A Problem, and Some Possibilities

This essay presents a moral justification for the current generally accepted amoral ethical role of the lawyer. The justification is premised primarily upon the values of individual autonomy, equality, and diversity. Based upon these values, the author argues that the amoral role is the correct moral stance for the lawyer as a professional, is a "good" role. The essay then responds to two of the most frequent criticisms of that moral stance: the first based upon economic inequality and the fact that lawyers'services must be purchased; the second based upon the absence of the "adversary system" context for most lawyer work. The author then elaborates a serious problem created by the conjunction of the amoral role and the dominant legal philosophy of American lawyers, "legal realism." If the limit on a lawyer's conduct under the traditional amoral role is the law, then the realist emphasis on the indeterminacy and manipulability of "law" leave the lawyer in a difficult moral position. Finally, a series of possibilities are presented to deal with this problem, the most promising of which is the "moral dialogue" between lawyer and client as an adjunct to the amoral role.     

Foucault, Law, and Power: A Reassessment

After raising doubts about Foucault's approach to law-power, in the light of various acts of religion-inspired violence on and after 11 September 2001, a case is made against this approach, based on the charge that Foucault ties law far too tightly to what he calls negative power. He makes law part of juridico-sovereignty power, a form of power he regards as outmoded, with an outmoded commitment to sovereignty and the state. It is argued that in attempting to separate law from what he sees as the positive power of modern governmentality, Foucault never understands law's role as a part of a crucial balance - between political power, military power, the social, the cultural, the legal, and the economic - a balance that tries to achieve both individual freedom and the security to enjoy that freedom. An alternative way of understanding law, and of understanding sovereignty and the state - the state under the rule of law - is presented as a much better route to an appreciation of law's part in the balance.     

PCR-based DNA analysis of vWA31A,TH01, F13A01, FESFPS,TPOX and CSF1PO

The allele and genotype frequencies of 6 tetranucleotide STR loci were investigated in a sample of 132 unrelated individuals from Chinese Han population. The PCR products were analyzed on 6% denaturing PAGE and detected using fluorescently labeled primers in an automated 377 sequencer(PE). All loci meet Hardy-Weinberg equilibrium. There was no random association of alleles among the 6 loci. The allele frequencies were compared with other population databases. Except locus vWA31A, the observed heterozygosity at other 5 loci was significantly lower than that reported in Caucasian and Black population studies. The calculated DP = 0.99999, PE = 0.9708, pM = 1.059 x 10(-5). The allelic frequency data can be used in forensic identification and paternity testing.     

Hatred,A Solidification of Meaning

While friend/enemy are commonly perceived to be mutually constitutive opposites, it is not so evident that hatred is the opposite of love. Hatred is oriented by two ideologies specific to European thought—‘nature’ as an illusory universal, and the ‘ego’ (me, moi), distinct from the ‘I’, as an irreducible expression of identity. The origins of racial hatred in naturalised hierarchical classification at the time of European colonial expansion demonstrates how naturalism and egoism combined to produce an over-valuation of one’s own self or group as authentic or pure. Drawing on Pascal, Fanon and Derrida, this essay challenges the autonomous, self-loving and naturalised sense of self. It calls for education as a form of action against racial hatred, including hate-speech. It suggests that the dignity or absoluteness of each individual or group should be thought as a ‘sense’ which cannot be reduced to a meaning. This is in contrast to hatred which presupposes closed or solidified meanings.     

A fatal poisoning with 5-methoxy-N,N-diisopropyltryptamine, Foxy

A fatal overdose involving case by 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT) is reported. 5-MeO-DIPT and its two metabolites, 5-hydroxy-N,N-diisopropyltryptamine (5-OH-DIPT) and 5-methoxy-N-isopropyltryptamine (5-MeO-NIPT), were identified by LC-MS. The level of 5-MeO-DIPT, 5-OH-DIPT and 5-MeO-NIPT in blood and urine was 0.412, 0.327 and 0.020 microg/ml, and 1.67, 27.0 and 0.32 microg/ml, respectively. These blood and urine levels were higher than published data for such poisoning.     

A Rapid,Confirmatory Test for Body Fluid Identification,

We have developed a technique that allows investigators to confirm the presence of blood, semen, and/or saliva in a crime scene sample. It is a confirmatory test where multiple samples can be processed in less than an hour, and it is potentially portable, permitting samples to be processed at the crime scene. Samples at a scene giving a positive result can be further processed while those failing to do so may be ignored. There is a large and growing backlog of DNA evidence in the USA, slowing down the criminal justice system. This backlog has continued to grow despite an increase in the ability to process evidence faster. This technique uses quantum dot molecular beacons to test for tissue‐specific RNA species, identifying particular body fluids. We have demonstrated the tissue specificity of molecular beacons for blood, semen, and saliva.     

A Collaboration,Not a Duel

In a number of articles published in LG, advocates take on the appearance, in readers' eyes, of lone fighters for truth, law, and justice in the courts. There is no other party on whom a defendant can depend for defense of his legal rights. The picture that emerges is that of the defense counsel as an "adversary" in the case, conducting a struggle over the defendant with another "adversary," the procurator, the state prosecutor. In such a situation, the latter naturally seeks to incriminate, to bring about punishment of the defendant. And for him this is, after all, easy, for behind him is the entire powerful system of the procuracy with all its organizational and technical resources!     

Employment,age, race,and crime: A labor theoretic investigation

The fundamental objective of this paper has been to reinvestigate the relationship between employment and crime, while taking account of deterrence, age and race effects. The data, a sample of Brooklyn arrestees, was collected by the Vera Institute of Justice simply to explore, with individual data, the relationship between employment and crime. In this research, a labor theoretic formulation is used incorporating a model that views the problem as one of rational choice between legitimate work and participation in crime. Factors affecting the diminution of crime participation with age are investigated. Changes at age 18 in economic opportunities and in deterrence effects from moving from juvenile to adult status are found to have a significant impact on crime participation. The results are important because they tend to confirm with official crime report data, results found in earlier studies using self-report data, i.e., (1) when the process is appropriately modeled, previous contacts with police are found to cause some experimenters with crime to become desisters, (2) prior work experience and economic opportunities tend to reinforce this tendency to desist, (3) even though blacks are found to have a greater prevalence of involvement in crime, when the data are standardized for all of the aforementioned factors and educational attainment, there is no significant difference between blacks and whites in their tendency to recidivate.