The Tasks of Democratic Transition and Transferability

There is no single road to democracy. However, there are some factors that seem to have consistently positive effects on democratic development. These include the existence of a large and diverse civil society; a sharp political break with the authoritarian past, followed by regular turnovers in political leadership and governing parties; stable state borders; and political institutions which empower parliaments and, in culturally diverse societies, give minorities political voice without locking them into permanent coalitions that block collaboration across group divides in pursuit of common goals. Less important are economic considerations—though economic reforms are far more likely in democratic settings than in authoritarian regimes and far more supportive over the medium- and long-term of robust economic performance.     

The Hate Crime Canon and Beyond: A Critical Assessment

Although it remains an empirical question whether the U.S. is experiencing greater levels of hate-motivated-conduct than in the past, it is beyond dispute that the concept of ‘hate crime’ has been institutionalized in social, political, and legal discourse in the U.S. From the introduction and politicization of the term hate crime in the late 1970s to the continued enforcement of hate crime law at the beginning of the twenty-first century, social movements have constructed the problem of bias-motivated violence in particular ways, while politicians at both the federal and state level have made legislation that defines the parameters of hate crime. Accordingly, this article identifies and examines the parameters of a hate crime canon in the U.S., which can first and foremost be described as a body of law that 1) provides anew state policy action, by either creating anew criminal category, altering an existing law, or enhancing penalties for select extant crimes when they are committed for bias reasons; 2) contains an intent standard, which refers to the subjective intention of the perpetrator rather than relying solely on the basis of objective behavior; and 3) specifies a list of protected social statuses, such as race, religion, ethnicity, sexual orientation, gender, disabilities, etc. Arguing that these features constitute the core parameters of the hate crime canon and attendant discourse in the U.S., this article offers a critical assessment of the emergence, institutionalization, and arguable consequences of ‘hate crime’ as a recently developed social fact - in the Durkheimian sense of the word - that is consequential for the politics of victimization in the modern era and the social control of violence against minorities more particularly. This revised version was published online in July 2006 with corrections to the Cover Date.     

Can computed tomography replace or supplement autopsy?

Postmortem computed tomography (PMCT) has been integrated into the practice of many forensic pathologists. To evaluate the utility of PMCT in supplementing and/or supplanting medicolegal autopsy, we conducted a prospective double-blind comparison of abnormal findings reported by the autopsy pathologist with those reported by a radiologist reviewing the PMCT. We reviewed 890 cases: 167 with blunt force injury (BFI), 63 with pediatric trauma (under 5 years), 203 firearm injuries, and 457 drug poisoning deaths. Autopsy and radiology reports were coded using the Abbreviated Injury Scale and abnormal findings and cause of death (COD) were compared for congruence in consensus conferences with novel pathologists and radiologists. Overall sensitivity for recognizing abnormal findings was 71% for PMCT and 74.6% for autopsy. Sensitivities for PMCT/autopsy were 74%/73.1% for BFI, 61.5%/71.4% for pediatric trauma, 84.9%/83.7% for firearm injuries, and 56.5%/66.4% for drug poisoning deaths. COD assigned by reviewing PMCT/autopsy was correct in 88%/95.8% of BFI cases, 99%/99.5% of firearm fatalities, 82.5%/98.5% of pediatric trauma deaths, and 84%/100% of drug poisoning deaths of individuals younger than 50. Both autopsy and PMCT were imperfect in recognizing injuries. However, both methods identified the most important findings and are sufficient to establish COD in cases of BFI, pediatric trauma, firearm injuries and drug poisoning in individuals younger than 50. Ideally, all forensic pathologists would have access to a CT scanner and a consulting radiologist. This would allow a flexible approach that meets the diagnostic needs of each case and best serves decedents' families and other stakeholders.     

Law and the media

I would like to thank Margaret Andersen, Dan Slater, and Ron Roesch for their helpful comments on an earlier version of this essay.