Australian Prosecution of Corporations for International Crimes: The Potential of the Commonwealth Criminal Code

On 1 July 2002 new provisions for the prosecution of genocide,crimes against humanity and war crimes came into operation withinthe Australian Commonwealth Criminal Code. The offences wereintroduced as a part of Australia's ratification of the RomeStatute of the International Criminal Court. Through the enactmentof these crimes within the broader context of the Criminal Code,Australia has, perhaps unwittingly, created a basis to prosecutecorporations for these crimes even under the universal jurisdictionprinciple. A current investigation by the Australian FederalPolice into the possible role of mining company Anvil MiningLimited in facilitating a military offensive in the town ofKilwa in the Democratic Republic of the Congo indicates thatAustralia, like many nations today, is grappling locally withthe possibility of corporate involvement in international crime.As a potential source of action against companies implicatedin international crime, the possible reach of the AustralianCriminal Code provisions warrants consideration. This articleoutlines the application of the new Australian internationalcrimes provisions to corporations and argues that, if used appropriately,these will represent a positive development toward corporateaccountability.     

Medical Error and Patient Safety: Understanding Cultures in Conflict

Evidence documenting the high rate of medical errors to patients has taken a prominent place on the health care radar screen. The injuries and deaths associated with medical errors represent a major public health problem with significant economic costs and erosion of trust in the health care system. Between 44,000 and 98,000 deaths due to preventable medical errors are estimated to occur each year, making medical errors the eighth leading cause of death in the United States. However, the recent prominence of the issue of safety or error does not reflect a new phenomenon or sudden rift in the quality of health care (although it is a system fraying at the edges). Rather, the prominence of the issue reflects a radical change in the culture of health care, and in how relationships within the health care system are structured and perceived. In this paper, I discuss the multiple factors responsible for the change in the culture of health care. First, the culture has shifted from a clinician cantered system, in which decision making is one–sided, to a shared system of negotiated care between clinician and patient, and, often, between administrator or payer. Second, the nature of quality in health care has changed due to the geometric increase in the availability of technological and pharmaceutical enhancements to patient care. Third, the health care culture continues to rely on outdated models of conflict resolution. Finally, the regulatory structure of health system oversight was set in place when fee–for–service care governed physician–patient relationships and where few external technologies were available. In the current health care culture, that structure seems inadequate and diffuse, with multiple and overlapping federal and state regulatory structures that make implementation of patient safety systems difficult.     

Feminism,imperialism and orientalism: the challenge of the ‘Indian woman’

Abstract

This article examines the content and process of imperialist discourse on the ‘Indian woman’ in the writings of two North American women, one writing at the time of ‘first wave’ feminism, the other a key exponent of the ‘second wave’ of the movement. By analysing these writings, it demonstrates how the content of the discourse was reproduced over time ith different but parallel effects in the changed political circumstances, in the first case producing the Western imperial powers as superior on the scale of civilisation, and in the second case producing Western women as the leaders of global feminism. It also identifies how the process of creating written images occurred within the context of each author's social relations with the subject, the reader and the other authors, showing how an orientalist discourse can be produced through the author's representation of the human subjects of whom she writes; how this discourse can be reproduced through the author's uncritical use of earlier writers; and how the discourse can be activated in the audience through the author's failure to challenge established cognitive structures in the reader.     

(In)Efficiency of matching: the case of a post-transition economy

The aim of this paper is twofold. First, we provide estimates of the evolution in matching efficiencies in Poland, demonstrating decrease in estimated efficiency scores. These trends are accompanied by decreasing outputs in the matching function, as well as the lowering of the elasticities. Second, we relate the estimated efficiency scores to the use of active labour market measures. We find that job brokering intensity is conducive to matching efficiency, but active labour market policies coverage in general is not.     

Cannabis Profiling Based on Its Elemental Composition—Is It Possible?

Abstract: Elemental composition of 85 cannabis samples was established using GF AAS and ICP OES methods. The robustness of the method was determined by analyzing eight independently prepared replicates from a single cannabis plant. The accuracy of the method was established by analyzing four plant certified reference material samples. The ability of discriminant analysis using elemental compositions to distinguish between fiber cannabis samples collected from four different regions of Poland was evaluated. Then, a classification model was developed that correctly classified selected samples of known origin. Cannabis samples confiscated by law enforcement agencies have also been subjected to discriminant analysis. A classification model has been developed for four locations in Poland (Bia?ystok, Ko?cierzyna, the environs of Skar?ysko Kamienna, and Bydgoszcz), to help determine where samples of unknown origin could have been grown.     

The Culprit in Target-Absent Lineups: Understanding Young Children’s False Positive Responding

Young children (4- to 7-years old; N = 59) and adults (N = 53) were shown a series of targets that were either familiar (i.e., popular cartoon characters) or unfamiliar (unknown human faces) to assess whether children’s false positive responding with target-absent lineups is driven by social factors to a greater degree than cognitive factors. Although children were able to produce correct identification rates with virtually 100% accuracy for the cartoon characters, they produced a significantly lower correct rejection rate compared to adults. Children also produced a significantly lower correct rejection rate for the human faces compared to adults. These data are discussed for understanding children’s identification evidence.     

A survey of paint flakes on the clothing of persons suspected of involvement in crime

A survey was undertaken to determine the background level of paint flakes on the clothing of persons suspected of involvement in crime. The debris from 100 garments submitted for casework examination was studied and paint flakes recovered where present. Seventy two percent of garments bore one or more flakes. A total of 703 flakes were recovered; size, topcoat colour, and number and colour of any under-layers were recorded for each. The distribution of paint flakes on clothing surfaces and in pockets was also noted. Results were compared with the previously published survey of Pearson, May and Dabbs (1971). This survey provides scientists with an updated data set for reference when considering the strength of paint evidence.     

Does Lineup Size Matter with Child Witnesses

Children’s (N = 89) identification accuracy was examined as a function of lineup size. Participants (8–13 years) viewed a videotaped staged event, described what was witnessed and then were presented with either a target-present or—absent lineup containing 6 versus 12 lineup members. The elimination lineup procedure (Pozzulo and Lindsay J Appl Psychol 38: 2195–2209 1999) was used to present lineups. No significant differences in correct identification rates were found across the target-present sized lineups. In addition, the target was likely to “survive” at a comparable rate regardless of lineup size. Moreover, there was no significant difference in correct rejection rate as a function of lineup size. The non significance of these data are critical given that most research with child witnesses uses 6-person lineups whereas in many real world contexts larger sized lineups are used (e.g., 12-person in Canada).