The Constitution of Criminal Law: Justifications, Policing and the State��s Fiduciary Duties

This paper, originally written for a conference on criminal law in times of emergency, considers the implications of the ‘German Airliner case’ for criminal law theory. In that case, the German constitutional court struck down as unconstitutional a law empowering state officials to order the shooting down of a hijacked plane on the grounds that the state could not order the killing of innocent civilians. Some have argued that despite this ruling, individual officials should still be entitled to claim a criminal law justification defence. I argue that the nature of justification defences necessarily ties them to the powers of the state to engage in such activity. I also argue that both the constitutional decision and its criminal law implications are salutary.     

Validation of an LC–MS Method for the Detection and Quantification of BZP and TFMPP and their Hydroxylated Metabolites in Human Plasma and its Application to the Pharmacokinetic Study of TFMPP in Humans*

Abstract: An LC–MS method was developed for benzylpiperazine (BZP) and trifluoromethylphenylpiperazine (TFMPP), constituents of “party pills” or “legal herbal highs,” and their metabolites in human blood plasma. Compounds were resolved using a mixture of ammonium formate (pH 4.5, 0.01 M) and acetonitrile (flow rate of 1.0 mL/min) with a C18 column. Calibration curves were linear from 1 to 50 ng/mL (R² > 0.99); the lower limit of quantification (LLOQ) was 5 ng/mL; the accuracy was >90%; the intra‐ and interday relative standard deviations (R.S.D) were <5% and <10%, respectively. Human plasma concentrations of TFMPP were measured in blood samples taken from healthy adults (n = 6) over 24 h following a 60‐mg oral dose of TFMPP: these peaked at 24.10 ng/mL (±1.8 ng/mL) (C_max) after 90 min (T_max). Plasma concentrations of 1‐(3‐trifluoromethyl‐4‐hydroxyphenyl) piperazine peaked at 20.2 ng/mL (±4.6 ng/mL) after 90 min. TFMPP had two disposition phases (t_½ = 2.04 h (±0.19 h) and 5.95 h (±1.63 h). Apparent clearance (Cl/F) was 384 L/h (±45 L/h).     

Measuring public perceptions of sex offenders: reimagining the Community Attitudes Toward Sex Offenders (CATSO) scale

The Community Attitudes Toward Sex Offenders (CATSO) scale is an 18-item self-report questionnaire designed to measure respondents’ attitudes toward sex offenders. Its original factor structure has been questioned by a number of previous studies, and so this paper sought to reimagine the scale as an outcome measure, as opposed to a scale of attitudes. A face validity analysis produced a provisional three-factor structure underlying the CATSO: ‘punitiveness,’ ‘stereotype endorsement,’ and ‘risk perception.’ A sample of 400 British members of the public completed a modified version of the CATSO, the Attitudes Toward Sex Offenders scale, the General Punitiveness Scale, and the Rational-Experiential Inventory. A three-factor structure of a 22-item modified CATSO was supported using half of the sample, with factors being labeled ‘sentencing and management,’ ‘stereotype endorsement,’ and ‘risk perception.’ Confirmatory factor analysis on data from the other half of the sample endorsed the three-factor structure; however, two items were removed in order to improve ratings of model fit. This new 20-item ‘Perceptions of Sex Offenders scale’ has practical utility beyond the measurement of attitudes, and suggestions for its future use are provided.     

Japan's military research and development: A high technology deterrent

Abstract

This article examines the increased linkage between domestic and foreign policy that has been a consequence of democratization and globalization in Korea. It argues that while prior to 1987 foreign policy-making saw very little public input, and while democratization did not lead to a weakening of domestic political institutions nor a rise in nationalism, it did open up domestic political space where foreign policy-making increasingly became part of the contentious electoral competition. The globalization policy, initiated with the purpose of raising Korea's international status, which has remained a goal of succeeding administrations, created a complex interdependency which led to a breakdown in the separation between the domestic and international, and that often brought with it a domestic backlash. As a consequence foreign policy-making, in the absence of a tradition of political compromise, increasingly runs the risk of either inconsistency, or even deadlock.     

Patient competence and professional incompetence: disagreements in capacity assessments in one Australian jurisdiction, and their educational implications

The determination of capacity to make medical, personal and financial decisions has significant individual and social implications. Medical and other health professionals are traditionally relied on by courts and tribunals to provide clinical and psychometric evidence of the presence or absence of capacity, or competence. Concern has long been expressed over the variability of these assessments. A survey of 285 decisions of the Queensland Guardianship and Assessment Tribunal (GAAT) between 2005 and 2008 was conducted to estimate the incidence of disagreement between health professionals in capacity assessments; to provide examples of conflicting assessments and models of assessment used; and to consider the educational implications of disagreements. While the final capacity determinations by the GAAT appear sound, this case series, and other studies in the capacity literature, strongly suggest the need to improve the education of health professionals, especially doctors, at undergraduate and postgraduate levels, in the practical assessment of capacity as a fundamental clinical skill.     

Liberals and Australian Foreign Policy*

Since the Second World War, Liberal governments trying to adapt to a rapidly changing international environment have been mindful of Australian interests, and especially the ongoing search for security. Adapting to declining British power, to militant communism in East and Southeast Asia, and to a new, under‐defined alliance with the United States was no easy task. The Colombo Plan for aid to South and Southeast Asia and the dismantling of the White Australia Policy represented two forms of positive engagement with Asia. Since the 1970s, Liberal governments have played significant roles in the strengthening of the Commonwealth; strengthening ties with key countries in Asia; and maintaining a sometimes problematic security relationship with the United States. On this latter point, however, the most recent Liberal governments have not performed well, in becoming more subservient to the Americans.