Similar Facts in Civil Cases

This essay evaluates the recent restatement in O’Brienv Chief Constable of South Wales Police of the law on similarfacts in civil proceedings. The two-stage approach propoundedin O’Brien contains a number of conceptual problems. Apparentsimplicity was achieved by avoiding fundamental issues underlyingthis area. Prior to the Criminal Justice Act 2003, judges recognizedthat the common law similar facts rule had a role to play inboth civil and criminal trials; but they gave the rule a widerexclusionary scope in criminal than in civil cases. Adoptionof a moral perspective helps to explain this state of affairs.The rule, so it will be argued, protects the legitimacy of trialdeliberation by forbidding reliance on an assumption that disrespectsthe moral autonomy of the person whose conduct is being judged.This moral objection can arise in civil cases; but it arisesmore frequently and usually with greater force in criminal proceedings.Hence, while there is a need to reserve some judicial powerto disallow proof of similar incidents in the civil context,there is usually less reason for the exercise of that powerin civil cases than at criminal trials.     

Incidence of cannabinoids in medical examiner urine specimens

Cannabinoid use was studied in a nonspecific population of postmortem urine specimens in the State of Maryland. Of 500 sequential specimens screened for cannabinoids by enzyme multiplied immunoassay EMIT, 63 (13%) were initially positive and 58 (12%) were confirmed positive (92%). It was observed that geographic location and race did not correlate with cannabinoid prevalence. Cannabinoid use was observed to be strongly age related, with peak use by the 21- to 25-year-old age group where 22% of the cases were positive. Use of cannabinoids was also closely linked to homicides, which represented nearly half of the positive cases but only 13% of the total cases. When comparing manner of death, the greatest percent of confirmed positives was seen in homicide (26%) and drug-related (17%) deaths. The incidence of cannabinoid use was found to be more than 3 times as great in drug-related (17%) as compared to natural deaths (5%). The percent of cannabinoid-positive cases from vehicle-related accidents was low (6%) and that from nonvehicle-related accidents somewhat higher (10%). Other drugs appeared in cannabinoid-positive cases. Most prevalent was ethanol N = 18, followed by morphine (from heroin, N = 11), quinine N = 11, and cocaine N = 11. Phencyclidine (PCP) occurred twice and several other drugs were reported only once. Of the 25 homicide cases screened for drugs, 64% were positive for some drug including ethyl alcohol. Thus it appears that a high percentage of homicide cases are drug related. Males greatly outnumbered females (56:2) in positive cases, but the number of female specimens received was small.     

Super Tuesday 1988: Regional Results and National Implications

Fourteen southern and border states established a same-day presidentialprimary on 8 March 1988. This analysis shows that this SuperTuesday, in several senses, was less than super. The resultsturned out to be less satisfying than its Democratic founderspreferred but less upsetting than its critics anticipated. DespiteSuper Tuesday, Iowa and New Hampshire remained dominant in the1988 presidential primaries. Although voter turnout increasedslightly over 1984 and the results contributed mightily towardsettling the nomination in the Republican party, Super Tuesdayneither settled the Democratic nomination nor gave meaningfulmomentum to the more moderate Democratic candidates.     

Injuries due to deliberate violence in areas of Denmark. III. Lesions. The Copenhagen Study Group

As part of a transcultural investigation of violent behavior in Denmark and South America, the lesions from accidents involving deliberate violence registered in three Danish emergency wards during a 1-year period were studied. A quantity of 2211 lesions were diagnosed in 1316 patients (953 male and 363 female patients). Sixty-five percent of the lesions were in the head/neck region, 13% in truncus, 18% in the upper extremities and 5% in the lower extremities. The most frequent diagnosis was an open wound in the head/neck region. Adding contusions and fractures in the same region this amounted to more than half of the total number of lesions. In the upper extremities 62% of the lesions were contusions or open wounds. Serious lesions of internal arteries were few, however always caused by sharp instruments (knives). Serious lesions due to firearms were not recorded/reported. Strangulation had been used against 1.1% of the victims, the male/female ratio being 1:6. The main part of the lesions were of minor severity when assessed on the basis of the scores in the Abbreviated Injury Scale (AIS). The lesions were, however, more serious compared to other recent studies, and it appeared that the female victims had fewer but more serious lesions than the male victims. The need for treatment and hospitalization was in the range of other recent studies.