Judiciarisation de l’action publique en Suisse: analyse du contentieux administratif au Tribunal fédéral

Résumé: La judiciarisation de l’action publique demeure un champ de recherche peu exploré par les politologues suisses. Cette note de recherche étudie dès lors l’évolution des 79’752 affaires liquidées par le Tribunal fédéral, de 1990 à 2010, en matière administrative. Les résultats empiriques montrent que le contentieux administratif croît de 45% sur la période observée, principalement en matière d’assurances sociales. Nous observons toutefois des différences notables entre les domaines de politiques publiques et quant à la provenance cantonale des recours devant le Tribunal fédéral. Ces différences s’expliquent par l’influence conjointe de facteurs conjoncturels (par ex. la croissance économique), institutionnels (par ex. l’organisation judiciaire cantonale) et liés aux acteurs du système judiciaire (par ex. la densité d’avocats). En conclusion de cette analyse exploratoire, cinq pistes de recherche sont identifiées afin d’étudier plus finement l’ampleur du processus de judiciarisation et d’en évaluer les impacts sur les politiques publiques.     

Situating forensic traces in time

Situating events and traces in time is an essential problem in investigations. To date, among the typical questions issued in forensic science, time has generally been unexplored. The reason for this can be traced to the complexity of the overall problem, addressed by several scientists in very limited projects usually stimulated by a specific case. Considering that such issues are recurrent and transcending the treatment of each trace separately, the formalisation of a framework to address dating issues in criminal investigation is undeniably needed. Through an iterative process consisting of extracting recurrent aspects discovered from the study of problems encountered by practitioners and reported in the literature, common mechanisms were extracted and provide understanding of underlying factors encountered in forensic practise. Three complementary approaches are thus highlighted and described to formalise a preliminary framework that can be applied for the dating of traces, objects, persons and indirectly events.     

A proposed dissection procedure for vertebral arteries in forensic pathology

Vertebral artery removing constitutes a significant forensic pathology challenge. Dissection techniques during head-neck autopsy are based on anterior approach, a difficult method, which is unable to assess the transverse part of the artery. This work presents an original and simple method for dissecting vertebral arteries by a posterior approach, opening the vertebroarterial canal through the spinal canal without any special equipment. Once the spinal cord is removed, the transversarium foramens are opened by an internal cut at the pedicle and an external cut at the transverse process. This enables us to visualize vertebral arteries in its entirety. The method improves both the examination of the upper extracranial segment of the vertebral artery and the neuropathological study when arterial injury is suspected. Applying this method routinely is both feasible and useful in suspected cases of vertebral artery trauma and could contribute to assess more precisely the actual incidence of this injury.     

The World Bank Inspection Panel’s Normative Potential: A Critical Assessment,and a Restatement

Netherlands International Law Review - Much has been said about the potential of the World Bank’s Inspection Panel to contribute to the normative development of international law. Yet,...     

Detection of fingermarks by colloidal gold (MMD/SMD)--beyond the pH 3 limit

Dust was investigated for its ability to retain source attribution profiles (SAPs) after chemical exposure. Three distinct sources of the organophosphate pesticide acephate were investigated as a proof-of-concept model. In addition, attribution profiles were created and tested using compounds related to chemical warfare agents (CWAs), specifically VX and G-series agents: O-ethyl methylphosphonothioate (EMPTA), N,N-diisopropylmethylamine (DIPMA), N,N-diisopropylethylamine (DIEA), diisopropylamine (DIPA), diethyl aniline (DEA), diethyl ethyl phosphonate (DEEP), trimethyl phosphite (TMP), dimethyl hydrogen phosphite (DMHP), diethyl hydrogen phosphite (DEHP), triethyl phosphate (TEP), ethyl methylphosphonate (EMPA), and diisopropyl methylphosphonate (DIMP). Dust was collected from a storage shed, aliquots deposited on carpet and loaded with distinct chemical profiles using an exposure chamber and aerosolizer. After a given period of time (1h, 24h, or 72 h), the dust was extracted and its SAP analyzed by gas chromatography-mass spectrometry (GC-MS) and/or liquid chromatography-tandem mass spectrometry (LC-MS/MS). Principal components analysis (PCA) was used to determine the association of dust exposed to the same and different chemical sources. PCA results demonstrate that dust samples exposed to distinct chemical sources are clearly differentiated from one another across all collection times. Furthermore, dust aliquots exposed to the same source can be clearly associated with one another across all collection times. When the CWA-related compounds were subjected to elevated temperature (90°C) conditions, it was found that the signature was stable at the 1h and 24h collections. At 72 h and elevated temperature, larger deviations from the control were observed for some compounds. Elevated pH (10) affected the profile to a lesser degree than elevated temperature. Overall, dust is found to be an effective media for the in situ collection of source attribution profiles.     

A pilot study of the effects of gonadotropin-releasing hormone agonist therapy on brain activation pattern in a man with pedophilia

Gonadotropin-releasing hormone (GnRH) agonists, such as leuprorelin, are recommended in the patients with pedophilia at highest risk of offending. However, the cerebral mechanisms of the effects of these testosterone-decreasing drugs are poorly known. This study aimed to identify changes caused by leuprorelin in a pedophilic patient's brain responses to pictures representing children. Clinical, endocrine, and fMRI investigations were done of a man with pedophilia before leuprorelin therapy and 5 months into leuprorelin therapy. Patient was compared with an age-matched healthy control also assessed 5 months apart. Before therapy, pictures of boys elicited activation in the left calcarine fissure, left insula, anterior cingulate cortex, and left cerebellar vermis. Five months into therapy, all the above-mentioned activations had disappeared. No such activations and, consequently, no such decreases occurred in the healthy control. The results of this pilot study suggest that leuprorelin decreased activity in regions known to mediate the perceptual, motivational, and affective responses to visual sexual stimuli.     

Experimental study of the expansion dynamic of 9 mm Parabellum hollow point projectiles in ballistic gelatin

We study in this paper the expanding behaviour of hollow point 9 mm Parabellum projectiles (Hornady XTP(?) and Speer Gold Dot(?)). We defined a deformation rate that takes into account both the diameter increase and the length reduction. We plotted the behaviour of this parameter versus impact velocity (we refer to this curve as the expanding law). This expanding law has been plotted for different gelatin weight ratios and different gelatin block lengths. We completed our experiments with a set of high speed movies in order to correlate the deceleration to the state of expansion and size of the temporary cavity. Our results pointed out that full expansion is reached shortly after the projectile fully penetrates the gelatin. This result shows that the key point to accurately simulate human body interaction with a hollow point projectile is to accurately simulate the interface (skin, skull, clothes thoracic walls). Simulating accurately organs is only an issue if a quantitative comparison between penetration depths is required, but not if we only focus on the state of expansion of the projectile. By varying the gelatin parameters, we discovered that the expanding law exhibits a velocity threshold below which no expansion occurs, followed by a rather linear curve. The parameters of that expanding law (velocity threshold and line slope) vary with the gelatin parameters, but our quantitative results demonstrate that these parameters are not extremely critical. Finally, our experiments demonstrate that the knowledge of the expansion law can be a useful tool to investigate a gunshot in a human body with a semi-jacketed projectile, giving an estimation of the impact velocity and thus the shooting distance.     

The use of the likelihood ratio for evaluative and investigative purposes in comparative forensic handwriting examination

This paper extends previous research and discussion on the use of multivariate continuous data, which are about to become more prevalent in forensic science. As an illustrative example, attention is drawn here on the area of comparative handwriting examinations. Multivariate continuous data can be obtained in this field by analysing the contour shape of loop characters through Fourier analysis. This methodology, based on existing research in this area, allows one describe in detail the morphology of character contours throughout a set of variables. This paper uses data collected from female and male writers to conduct a comparative analysis of likelihood ratio based evidence assessment procedures in both, evaluative and investigative proceedings. While the use of likelihood ratios in the former situation is now rather well established (typically, in order to discriminate between propositions of authorship of a given individual versus another, unknown individual), focus on the investigative setting still remains rather beyond considerations in practice. This paper seeks to highlight that investigative settings, too, can represent an area of application for which the likelihood ratio can offer a logical support. As an example, the inference of gender of the writer of an incriminated handwritten text is forwarded, analysed and discussed in this paper. The more general viewpoint according to which likelihood ratio analyses can be helpful for investigative proceedings is supported here through various simulations. These offer a characterisation of the robustness of the proposed likelihood ratio methodology.