The Rhetorical Syllogism (Enthymeme) in Judicial Argumentation

The thesis here expounded can be divided in three parts: in the first place, it is supposed that the syllogism is not the rhetorical way, and less still the logical way, indeed used to reach the decision in the legal proceedings monopolized by the modern State. At the most, it can be seen as a form of presenting a decision that has already been reached by other means. It sure constitutes a highly functional procedure, effective and legitimating. It is generally not a conscious strategy on the part of the so called official legal agents (judges, prosecutors, state attorneys, lawyers, plaintiffs), which seem to believe that the decision before the concrete case is in fact produced by the previous general norm enunciated by the system. If there would be a chronological order, the general norm comes afterwards. In the second place, the judicial discursive structure seems to be rather enthymematic than syllogistic, because not all the effectively used norms are revealed, many of them staying not only out of question but also hidden. Finally, it is suggested that, in the atmosphere of faking dogmatic law in which acts the underdeveloped State, those implicit norms are not just presupposed as evident, but they are also uncertain, being rendered to manipulation.     

Understanding the Clayton Act of 1914: An Analysis of the Interest Group Hypothesis

The trusts issue culminated in the passage of the Clayton Act in1914, which conventional wisdom holds was a response to theperceived ineffectiveness of the Sherman Antitrust Act of 1890.Using ordered and multinomial logit analysis, we were able todetect economic interest variables that explain the senators'votes. The empirical findings strongly support the wealth transferhypothesis, and the regression results clearly show that senatorsresponded to interest groups. While we also found some support forthe ideological perspective, it is clear that there was much moreto the vote than the conventional story would suggest.     

Measuring the efficiency of local police force

This study proposed a methodology of analysis for estimating the efficiency with which the competences in matters of public and road safety are carried out. This proposal seeks to mitigate (i) the subjectivity in the selection of variables; (ii) the partiality inherent to the productivity indicators; and (iii) the generality of the analysis in previous studies. Applying the methodology proposed to the areas of public and road safety, individually and jointly, obtaining the main conclusions: the mean pure technical efficiency of the police force as a whole is 69.42, with eight towns (27.59%) showing efficient behaviour and, in the evaluation of the disparity between behaviour by activity and the overall result, the comparative shows a high degree of similarity between the ordering of the towns in the overall analysis and in public safety. This is not extendable to the road safety service, since they differ notably in the results obtained both with the area of public safety and with the overall action of the force.      

Elusive justice: tribal police officers’ perception of justice in an American Indian community

This paper explores justice-related perceptions among tribal police officers providing service within a southeastern Indian Reservation in the United States. Interviews with 27 tribal police officers were conducted to understand the manner of the administration of tribal justice. Almost half of the participants interviewed felt that their tribal justice system was dysfunctional due to inter-tribal politics, federal government restrictions, and lenient tribal judges. Additionally, tribal police officers also described the failure of the federal government in prosecuting felony crimes on the reservation. As a result, they believed that both the tribal and federal criminal justice systems did not adequately address crime on the reservation.     

Influence of environmental variables on fear of crime: Comparing self-report data with physiological measures in an experimental design

Objectives

Self-reports and questionnaires have been the preferred research methods in the criminological field of “fear of crime” (FOC) since its rise in the 1960s. Our study had two main goals: (1) to measure the physiological indicators of fear in real time and (2) to compare these data with those obtained through self-reports, designed also to measure the emotion of fear.

Methods

An experimental study was conducted over the course of a week during late February 2016 in Aarhus (Denmark), in which the focus was on traditional environmental variables in the field of FOC (i.e., poor lighting conditions).

Results

Our results support the ideas that: (1) the absence of good luminosity in an open public space in an urban setting elicits physiological reactions of arousal that can be taken as indicators of experiences of fear and (2) heart rate appears to capture aspects of the emotion of fear that are not reflected in data obtained through self-report questionnaires.

Conclusions

This study, introducing a pioneering approach to the study of FOC, presents great potentials in complementing traditional methods in the crime sciences. The many challenges we faced are significant and reported with the hope that subsequent literature will build upon. We propose that traditional methods and new measurements could be combined to advance research in the field by allowing researchers to more unambiguously constrain the interpretation of their data. This becomes particularly relevant in a field like FOC, which has long suffered from irreconcilable results stemming from different investigations.

     

Comparison Among Manual Facial Approximations Conducted by Two Methodological Approaches of Face Prediction

This study verified the difference between two methods of forensic facial approximation (FFA) regarding recognition and resemblance rates. Three‐dimensional models of skulls were obtained from computerized tomography (CT) scans of two subjects (targets). Two manual FFAs were performed for each target, by applying two different guidelines for the facial structures (what we called “American method” (AM) and “Combined method” (CM)). Unfamiliar assessors evaluated the sculptures by recognition and resemblance tests. The AM was that which allowed more correct responses of recognition and higher resemblance's scores for the male target (p < 0.001). Regarding guidelines for modeling characteristics of the face, the ones that are practical and easily performed for sculptures, such as the length of the anterior nasal spine multiplied by 3 for nose prediction, may offer better results in terms of resemblance.     

Confirmatory Factor Analysis of “Competence in Use of Firearms Questionnaire” Administered to City Police

The following research describes the psychometric characteristics of the Competence in Use of Firearms Questionnaire, administered to 139 city police agents from four municipalities of the southern region of Tenerife. The questionnaire was based partly on the framework of the competence model of Pereda and Berrocal (2001), and contained 101 items. We tested the construct validity of the questionnaire, its internal consistency, and its potential for practical application. The initial results suggested four factors, differing to some extent from the original model.     

Variability of the Entire Mitochondrial DNA Control Region in a Human Isolate from the Pas Valley (Northern Spain)

Abstract: In this study, we analyzed the entire mtDNA control region in 61 unrelated individuals from the Pas Valley (Cantabria), a human isolate from northern Spain, to evaluate the suitability of this analysis to increase the power of discrimination of this locus for forensic purposes in human isolates. Low values obtained for the diversity parameters confirmed the relative isolation of this human group. The main findings of this study indicated that even the analysis of the entire mtDNA control region may have important limitations for use in forensic casework when dealing with human isolates: none of the 44 individuals who exhibited identical HVI‐HVII haplotypes could be further differentiated by analysis of segment HVIII. Nevertheless, analysis of the entire mtDNA control region proved to be useful to determine the ancestry of the samples examined, by contributing to the confirmation, and, on occasion, even to the refinement of the haplogroup assignment.     

Simultaneous Use of Public and Private Specialist Services as a Potential Strategic Behaviour in Access to the National Health Service: Is There a Pattern by Socio-economic Level?

Social Justice Research - Under national health services (NHS), non-urgent access to specialist doctors is not straightforward and sometimes leads to long waiting times. Consequently, some citizens...