Calling on Jefferson: the ‘custodiary’ as the fourth estate in the Democratic Project

Aimed at reinforcing the democratic values of freedom of speech and increased diversity in civic access to the means of communication, this paper examines the concept of democracy within an information and communication technology-mediated context. Discussion proceeds with an analysis of orthodox views adopted by Jefferson and the architects of the American Constitution. Building on the Jeffersonian tradition, a critique is presented of present-day, non-transparent constraints on the democratic values of freedom of speech, information access and the structural constrains mitigating unfettered public access to critical information and debate on fundamental social and political issues of the day. The proposed ‘custodiary’ model for the new Democratic Project is premised on the development of a constitutional framework which encourages information diversity and freedom of access and expression as a way of bringing back ‘discourse’ into democratic praxis.     

An Anthropological Examination of the Types of Skeletal Fractures Resulting from Fatal High (˃3 m) Free Falls,

Fatal falls from heights (?3 m) often result in blunt force trauma (BFT) to the skeleton. The fracture patterns that result from this BFT mechanism are well understood in forensic anthropology and forensic pathology; however, details of the specific types of fractures that result remain poorly documented. The aim of this study was to provide a detailed examination of the types of fractures that may result from fatal high falls. Fractures were recorded from 95 full‐body postmortem computed tomography scans of individuals known to have died from a high fall. Trauma was then analyzed taking into account the extrinsic and intrinsic variables known to influence a fall using multiple logistic regression. A total of 339 types of fractures were classified, of which 16 were significantly associated with this BFT mechanism. Classified fracture types will augment anthropological interpretations of the circumstances of death from BFT in cases of suspected high falls.     

Constrained Waiver of Trial Rights? Incentives to Plead Guilty and the Right to a Fair Trial

This article develops an interpretative framework to examine when incentives to plead guilty should be found to constrain defendant choice to waive fair trial rights under the European Convention on Human Rights. This framework is informed by existing jurisprudence, specifically the judgments of the European Court of Human Rights in Natsvlishvili and Togonidze v. Georgia and Deweer v. Belgium, and socio‐legal literature. According to the framework, an incentive to plead guilty should be found to violate fair trial rights where it makes it unreasonable to expect defendants to exercise their right to a full trial, is independent of the projected outcome at trial, and causes the defendant to plead guilty. An empirical analysis of guilty‐plea practice in England and Wales informed by this new framework identifies problematic incentives and suggests such incentives may disproportionately influence vulnerable defendants.     

Arguing Against the Expressive Function of Punishment: Is the Standard Account that Insufficient?

Law and Philosophy - This paper critically appraises the arguments that have been offered for what can be called ‘the expressive function of punishment’. According to this view, what...     

Compelling the EPA to Regulate GHG Emissions Under the Act to Prevent Pollution From Ships

Shipping remains the only sector in the world not currently subject to any legally binding greenhouse gas emission (“GHG”) reduction measures. If left unregulated, ships may represent over 20% of GHG emissions by 2050. This article examines the possibility of compelling the U.S. Environmental Protection Agency to regulate GHGs from ships under the Act to Prevent Pollution from Ships (the “APPS”), 33?U.S.C. § 1901, et seq. Unfortunately, until there is an international agreement to reduce GHG emissions from ships, as well as amendments to the International Convention for the Prevention of Pollution from Ships and the APPS, a citizen suit under the APPS will not be effective.     

Trust in the Police in Rural China: a Comparison Between Villagers and Local Officials

Although the past decade has witnessed the rise of studies on Chinese evaluations of the police, rural villagers’ assessments of the police remain under-researched. Drawing upon performance theory and survey data from China’s countryside, this study tested whether variations in satisfaction with government performance and life are linked to villagers’ and officials’ trust in county and local/town police. We found that villagers displayed lower levels of trust in the police than local officials. Higher satisfaction with government performance and integrity were associated with greater trust in county police among both villagers and officials. Villagers’ greater satisfaction with crime control and safety led to their stronger trust in both county and town police, but such satisfaction was not significantly related to officials’ trust in both levels of police forces. Rural residents’ generalized trust and particularized trust were associated with a greater likelihood of viewing the police as trustworthy. Meanwhile, female respondents, both villagers and officials, and higher-income officials were more likely to view the police as trustworthy. Directions for future research and policy are discussed.

     

Measuring the impact of public perceptions on child welfare workers

The Public Perceptions of Child Welfare Scale measures how the social environment influences child welfare workers, including their job satisfaction and intent to leave. Psychometric studies have validated the scale for private child welfare workers, but there are no validation studies with public agency staff. This study fills that gap, showing stigma and respect are important constructs that also predict worker intent to leave. This research found an additional construct, blame, which was not present in private worker validation studies. The scale provides an important tool for the field as we continue to build evidence for effective recruitment and retention.     

Tricyclic Antidepressants Found in Pilots Fatally Injured in Civil Aviation Accidents

Prevalence of tricyclic antidepressants (TCAs) has not been explored in pilots. The National Transportation Safety Board (NTSB) aviation accident and the Federal Aviation Administration's Civil Aerospace Medical Institute (CAMI) toxicology and medical certification databases were searched for pilots fatally injured in aviation accidents. During 1990–2012, CAMI received bio‐samples of pilots from 7037 aviation accidents. Of these, 2644 cases were positive for drugs. TCAs were present in 31. TCA blood concentrations ranged from therapeutic to toxic levels. The NTSB determined that the use of drugs and ethanol as the probable cause or contributing factor in 35% (11 of 31) of the accidents. None of the 31 pilots reported the use of TCAs during their aviation medical examination. The prevalence of TCAs in aviators was less than 0.5% (31 of 7037 cases). There is a need for aviators to fully disclose the use of medications at the time of their medical examination.