Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions

Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld.

Pragmatic relevance/strength of lexico-grammar choices in EU legal documents

The present study focuses on the communicative relevance of lexical choices in the documents of the European Union Committee of the Regions （CoR） and of other related bodies within a pragmalinguistic perspective. The function of the Committee of the Regions is to issue opinions on proposals for Community legislation which are closest to the citizen interests - education, youth, culture, health. It is thus a voice at the heart of the EU which aims at increasing the participation of European regions in community life. Our corpus consists in 100 documents （Proposals and Opinions） whose lexico-grammatical aspects and communicative/ rhetorical strategies are here investigated. Our hypothesis is that such texts aim at creating a holistic we to construe a common ground of interests, within the constraints of legal intercourses, shared by both the sender and the receiver of the messages. Frequently occurring lexical items are： welcome, ensure, strengthen, aid. To stress urgency, generate empathy, emphasize needs and endorse value-positions are the recognizable perlocutionary effects of such semantic/pragmatic choices. Tools for analysis were taken from the domain of pragmalinguistics, from Evaluative/Appraisal Frameworks and, also, from social sciences. Particularly relevant appeared the notion of＇advocacy＇ （i.e., when researchers are asked to use their expertise to defend the subjects＇ interests in healthcare, education, political rights, and cultural autonomy）. This study will provide both qualitative and quantitative data to support our hypothesis, and will offer suggestions for further research.     

Assessment of the Effects Exerted by Acid and Alkaline Solutions on Bone: Is Chemistry the Answer?

The treatment of corpses with extremely acid or basic liquids is sometimes performed in criminal contexts. A thorough characterization by chemical analysis may provide further help to macroscopic and microscopic analysis; 63 porcine bone samples were treated with solutions at different pH (1–14) for immersion periods up to 70 days, as well as in extremely acidic sulfuric acid solutions (9 M/18 M) and extremely basic sodium hydroxide. Inductively coupled optical emission spectrometry (ICP‐OES)/plasma mass spectrometry (ICP‐MS), Fourier transform infrared spectroscopy (FT‐IR), energy dispersive X‐ray analysis (EDX), X‐ray powder diffraction (XRPD), and scanning electron microscopy (SEM) showed that only the sulfuric acid solution 18 M was able to completely dissolve the sample. In addition, chemical analysis allowed to recognize the contact between bone and substances. Hydrated calcium sulfate arose from extreme pH. The possibility of detecting the presence of human material within the residual solution was demonstrated, especially with FT‐IR, ICP‐OES, and EDX.     

Comparative investigations on the uptake of basic substances into the human keratinocyte cell line HaCaT--a model for the uptake of xenobiotics into the keratinocytes of the hair follicle

The human cell line HaCaT was used to study drug uptake by keratinocytes as an in-vitro model to elucidate drug incorporation into anagen hair follicle. The basic drugs under investigation were taken up very rapidly resulting in a concentration plateau in the keratinocytes which was dependent on the drug concentration in the cell culture medium. The results obtained for HaCaT clearly demonstrated the existence of a partition-equilibrium between the extracellular and intracellular drug concentrations. Only small amounts of the offered drugs were taken up and remarkable differences were observed showing a decreasing uptake for imipramine > haloperidol > cocaine/benzoylecgonine. Total protein content in the culture medium was 3.5 +/- 0.3 mg/mL and the protein binding of the drugs to the foetal serum proteins was found to be negligible in the experiments. Overall, the in vitro findings were consistent with previous observations for in vivo drug incorporation into hair. In particular, an explanation was found for the correlation between the AUC-value and hair concentration observed in animal studies as well as for the generally low drug concentrations in non-pigmented hair.     

Dialogue, Culture, Critique: The Sociology of Culture and the New Sociological Imagination

In this paper, I show how the consideration of the role of the intellectual in democratic society informs an understanding of the critical project of the sociology of culture. This leads to a review of general sociological approaches to the problem of culture as they contribute to a critical project, suggesting the need for a distinctive conceptualization of the object of inquiry, “culture as the arts and sciences, broadly understood.” This approach requires making crucial distinctions, as well as studying key correlations. The distinctions are between: (1) Culture and Ideology, (2) High Culture and Autonomous Culture, and (3) Power and Knowledge. The correlations are between: (1) The Arts and Sciences, and Everyday Life, and (2) The Arts and Sciences, and Politics. At a time when the alternative to globalization is far from certain (this is what I get from the implicit debate between Calhoun and Beck), when the grounds for critique seem to be based on little more than nostalgic utopianism (this is how I understand Touraine’s prognosis of the end of society) or nostalgic pessimism (see Bauman) or hopeful pragmatism (Beck), I believe it is necessary to get closer to the pits of critical reflection and creative action in the cultural sphere. Casanova points to this in his consideration of religion in public life, even globalized religion (Casanova). Sassen (1998) suggests that we must understand globalization and its alternatives in their concrete local manifestations. Here, I would like to investigate secular alternatives, attempting to localize the critique of the global, showing how the traditions and projects of culture as the arts and sciences inform a collective intelligence with democratic deliberative dimensions (Pierre Levy). This is a call to keep alive critique in the postmodern circumstance, as part of an incomplete project of critical reflection and democratic action, a call for a sociology of culture as a key instrument for a renewed sociological imagination. The paper is centered on dialogue, (the relative autonomy of) culture, and critique.     

Does It Take a Village? Policing Strategies and Fear of Crime in Latin America

How can policymakers reduce public fear of crime in Latin America? This study compares the effectiveness of “zero tolerance” and community‐based policing strategies in Argentina, Brazil, and Chile. At the micro level, it assesses the links between fear of crime and social identity characteristics, contextual factors, the media, community participation, and other insecurities. It finds that citizens' economic, political, and social insecurities are the main determinants of their fear of crime. At the macro level, the study compares levels of public insecurity and finds that cities that employ community‐based strategies to fight crime register lower levels of public fear of crime.     

Blood cyanide determination in two cases of fatal intoxication: comparison between headspace gas chromatography and a spectrophotometric method

Blood samples of two cases were analyzed preliminarily by a classical spectrophotometric method (VIS) and by an automated headspace gas chromatographic method with nitrogen-phosphorus detector (HS-GC/NPD). In the former, hydrogen cyanide (HCN) was quantitatively determined by measuring the absorbance of chromophores forming as a result of interaction with chloramine T. In the automated HS-GC/NPD method, blood was placed in a headspace vial, internal standard (acetonitrile) and acetic acid were then added. This resulted in cyanide being liberated as HCN. The spectrophotometric (VIS) and HS-GC/NPD methods were validated on postmortem blood samples fortified with potassium cyanide in the ranges 0.5-10 and 0.05-5 mug/mL, respectively. Detection limits were 0.2 mug/mL for VIS and 0.05 mug/mL for HS-GC/NPD. This work shows that results obtained by means of the two procedures were insignificantly different and that they compared favorably. They are suitable for rapid diagnosis of cyanide in postmortem cases.     

The non-reversal of delegation in international standard-setting in finance: The Basel Committee and the European Union

International non-majoritarian institutions (NMIs) in finance have proliferated over the last decades. The Basel Committee on Banking Supervision (BCBS) is the main international NMI in finance and the European Union (EU) is one of its core jurisdictions. Despite the far-reaching effects of international banking standards in the EU, especially the Basel accords, there has been limited politicization of delegation to the BCBS and no attempt to reverse it. Why? By taking a “soft” principal-agent approach, this paper points out two explanatory factors: the composite nature of both the principal and the agent. It also identifies a pattern that can be generalized to other international NMIs in finance. Thus, following the initial delegation of international standard-setting to the BCBS, this international NMI considerably increased its activities, going beyond what certain elected officials wanted; the response from elected officials was limited to the use of relatively weak ex-ante and ex-post controls, including delayed compliance.