The Case of Weak Will and Wayward Desire

In this article, I confront Garvey’s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime. I attempt to refute Garvey’s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come in the form of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey’s offender’s circumstances that makes him less blameworthy for the crime he committed. A court may choose to treat such an offender more leniently but it should not be mandated to do so.

Regional governors and the Kremlin: the ongoing battle for power

This article examines the relationship between heads of regional administrations (governors) and the federal government in Russia since 1992. It looks at the methods with which governors have enhanced their powers vis-a-vis Moscow and at the policies of the federal authorities aimed at preserving some form of control over regional officials. The article argues that the gubernatorial elections of September 1996–March 1997, which gave almost all governors a popular mandate, will not considerably change the balance of power in center-periphery relations, despite fears to this effect among members of the Presidential Administration.     

The association of alcohol-induced blackouts and grayouts to blood alcohol concentrations

The primary aim of this study was to investigate the association between measured blood alcohol concentration (BAC) and the presence and degree of amnesia (no amnesia, grayout, or blackout) in actively drinking subjects. A secondary aim was to determine potential factors other than BAC that contribute to the alcohol-induced memory loss. An interview questionnaire was administered to subjects regarding a recent alcohol associated arrest with a documented BAC greater than 0.08 g/dL for either public intoxication, driving under the influence, or under age drinking was administered. Demographic variables collected included drinking history, family history of alcoholism, presence of previous alcohol-related memory loss during a drinking episode, and drinking behavior during the episode. Memory of the drinking episode was evaluated to determine if either an alcohol-induced grayout (partial anterograde amnesia) or blackout (complete anterograde amnesia) occurred. Differences in (1) mean total number of drinks ingested before arrest, (2) gulping of drinks, and (3) BAC at arrest were found for those having blackouts compared with no amnesia; while differences in drinking more than planned were found between the no amnesia and grayout groups. A strong linear relationship between BAC and predicted probability of memory loss, particularly for blackouts was obvious. This finding clinically concludes that subjects with BAC of 310 g/dL or greater have a 0.50 or greater probability of having an alcoholic blackout.     

Fatal workplace accident involving ethyl acetate: a distribution study

The tissue distribution of ethyl acetate and ethanol in a case of acute intoxication by ethyl acetate is presented. The victim was a 39-year-old man who was found dead lying on his abdomen in the interior of a tank containing ethyl acetate. Confirmation of ethyl acetate was obtained with static headspace gas chromatography with mass spectrometry. In blood, rapid biotransformation of ethyl acetate occurs by plasma esterases resulting in acetic acid and ethanol. Quantitation of ethyl acetate and ethanol in the postmortem samples was performed using static headspace gas chromatography with flame ionization detector. N-butanol was used as internal standard. Separation of the compounds was obtained on a Supelcowaxtrade mark-10 Fused Silica capillary column. The method was linear over the specific ranges investigated and showed a within-run accuracy of 99.8 and 101.0% and a precision of 0.5 and 2.0% for ethanol and ethyl acetate, respectively. The postmortem samples were analyzed in duplicate or triplicate. Coefficients of variation were < or =4.51% for ethyl acetate and < or =0.52% for ethanol. The low ratios of the ethyl acetate concentration to the ethanol concentration found in the postmortem tissue samples confirmed the rapid in vivo biotransformation of ethyl acetate. The highest concentration of ethyl acetate was found in the testis indicating that postmortem percutane absorption may have occurred. To our knowledge, this is the first reported tissue distribution study of ethyl acetate and ethanol in a case of acute intoxication by ethyl acetate.     

Perspective and procedural justice: Attorney and litigant evaluations of court procedures

A comparison of the procedural justice judgments of attorneys and those of lay people judging the same procedures offers an opportunity to generate new information on what factors affect judgments of fairness. In a survey of reactions to conventional and innovative procedures in a United States district court, attorneys and lay people involved in tort and contract cases were asked to judge the overall fairness of court procedures and the fairness of specific procedures used in arbitration hearings. The respondents were also asked for their judgments concerning the favorability of the procedure's outcome, the opportunity to have the case heard and decided by an impartial third party, and their side's control over what happened in the case, all of which are factors found in previous studies to affect procedural fairness judgments. The results showed that, while attorneys gave higher overall fairness ratings than did litigants, the difference was not affected by the procedure assigned to the case. In addition, attorneys and litigants appeared to use the same standards to evaluate the fairness of procedures, although they disagreed about where the procedures they experienced fell on these dimensions. The theoretical and practical implications of the results are discussed.     

Criminal organizing applying the theory of partial organization to four cases of organized crime

We explore how the idea of partial organization can provide insights in the study of organized crime. Studying criminal organizing with a theoretical framework used for other social organizing phenomena can help us see the interplay between different forms of criminal collaboration under a single analytical lens, and start a discussion on whether criminal organizing is intrinsically different from other types of social organizing. We analyze four cases of criminal collaboration in Sweden between 1990 and 2015: the Syriac mafia, the Hells Angels Mc Sweden, the street gang Werewolf Legion, and the Hallunda robbery. While the outlaw motorcycle gang, and to a certain extent the street gang, are complete organizations, the mafia is based around and heavily parasitic on other institutions. We have also shown that time-bounded projects are found in the criminal context, with these emerging from strong network relations. Our results show that most of the elements of criminal organizing are not formalized and that partial organization is at least as important and powerful as complete organization.