International Legal Rulings on Lustration Policies in Central and Eastern Europe: Rule of Law in Historical Context

The transitional justice literature highlights various trade-offs involved in the choice and implementation of lustration as a transitional justice measure in Central and Eastern Europe. This article examines how international legal body rulings on lustration laws have interpreted rule-of-law versus justice concerns. The European Court of Human Rights and the International Labour Organization have explored possible information problems, due process violations, employment discrimination issues, and bureaucratic loyalty concerns within the context of lustration. Three findings emerge from their legal rulings. First, contrary to popular notions, international legal bodies are not antilustration. The institutions are engaging with questions regarding the fair implementation, not the legality, of lustration laws. Second, the prioritizing of justice concerns during the transition efforts is highlighted as a way to lay a strong democratic foundation. Third, the organizations have emphasized the importance of placing rule of law in historical context, thereby situating post-Communist societies within other posttotalitarian regime-building narratives.     

Transfer and Distribution of Gunshot Residue through Glass Windows

Research into the deposition patterns of primer gunshot residue (GSR) beyond a primary target was previously nonexistent. This study aimed to determine the deposition patterns of GSR once a bullet passed through an initial target and continued on its path into additional targets. Multiple repetitions were performed to assess the GSR deposition patterns after a bullet was shot through a closed window into either a dummy or a wall within an enclosed room. Samples were taken from both the primary and secondary target holes as well as from nontarget areas. Significant amounts of GSR were found on all samples. The results show that GSR continues to be deposited along the path of the bullet after passing through a primary glass target. These findings reiterate the lack of probative value in collecting GSR samples from gunshot victims even if they are in an enclosed area separate from the shooter.     

Death by a cleaning pig--an unusual accident at work

A worker was killed operating on a natural gas pipeline. At a receiver station the man intended to pick up two so called cleaning pigs, each weighing about 150 kg, diameter 0.5 m. For this purpose the gas pressure in the pig trap was let off by a valve, manometer controlled. According to an eyewitness's statement, the receiver pressure was equal to outside air pressure before the accident. The victim stood right in front of the flap of the receiver when he began to unfix the screws of the flap. Whilst working, the flap snapped out driven by the two cleaning pigs. The man and the devices were flung through a wire-netting fence and dropped down on a nearby field at a distance of 27, 29 and 38 m, respectively, from the receiver. The man died on the scene of the accident. The forensic autopsy ordered by the prosecution revealed signs of massive blunt trauma on the head, thorax and abdomen. In the criminological and forensic reconstruction of the accident the external injuries of the victim were found to be consistent with the front surface of the cleaning pig flung out first. It was determined that the second pig had got stuck in the receiver and that gas pressure had built up behind the pigs due to a leaky valve. As a consequence the pigs were expelled at a velocity of approximately 220 km/h causing a pattern of injury comparable to that of a fall from a great height.     

Comparing ethics education in medicine and law: combining the best of both worlds

This article compares various models of ethics education and how these models are employed by both medical schools and law schools. The authors suggest ways in which each profession can enhance their ethical teaching and argue that ethics education in both medicine and law should combine the best elements of each education model, thereby producing graduates who are more knowledgeable and appreciative of ethical issues in practice.     

Immunohistochemical staining as a potential method for the identification of vaginal epithelial cells in forensic casework

There is currently no accurate method to identify vaginal epithelial cells uniquely. This study aimed to use a cell extraction procedure compatible with routine forensic sampling methods, and to investigate the expression of cytokeratin (CK), estrogen receptor-alpha (ERalpha), and phosphodiesterase 5 (PDE5) in order to distinguish between skin, buccal, vaginal, and external penile epithelial cells. Seminal fluid samples were also examined. Epithelial cell samples were fixed in formalin, embedded in agarose, and processed using histological methods. Antigen-antibody reactions were detected using the DAKO Envision+ detection system. CK was present in all cells from all five sources confirming the origin of cells as epithelial. Both ERalpha and PDE5 positively labeled vaginal, buccal, and skin epithelial cells. Although an antigen unique to vaginal epithelial cells was not identified, we have described a cell extraction procedure for use in the immunohistochemical detection of a wide range of antigens, an approach compatible with forensic diagnostics.     

Decision-Making About Volitional Impairment in Sexually Violent Predators

The Kansas v. Hendricks (1997) decision, in which the Supreme Court authorized post-sentence civil commitment for certain sex offenders, appeared to be constitutionally legitimized by limiting the class of offenders eligible for this special form of civil commitment to those who are "unable to control" their dangerousness. Nowhere in the available record, however, did the Court elucidate what they meant by this notion of volitional impairment. This study sought to examine factors that legal professionals (n=43), psychologists (n=40), and mock jurors (n=76) deem most relevant to a determination of sex offender volitional impairment. Participants, who were randomly assigned to a sexual predator commitment or an insanity hearing context, read a series of 16 vignettes that described a pedophilic offender and included combinations of variables hypothesized to be related to judgments of volitional impairment. Results suggested that participants, who as a group made remarkably high estimates of likelihood of future sexual violence, considered verbalization of control, history of sexual violence, and the context of the hearing as highly relevant to determinations of volitional impairment. Implications for policy and practice are explored.     

Violence against women associated with arrests for sex trade but not drug charges

The current study was designed to examine associations between gender-based violence and arrests due to sex trade or drug-related charges among a statewide sample of incarcerated women in Rhode Island. Incarcerated women were asked to participate in brief pre- and posttest surveys of their experiences of violence, sexual risk and substance use behaviors, as part of a study on the effectiveness of a family planning program in a state correctional facility; data from pretest surveys (N=447) were used for current analyses. Logistic regression analyses adjusted for demographics were used to assess significant associations between gender-based violence variables (i.e., adolescent intimate partner violence (IPV), adult IPV, childhood sexual assault (SA), adolescent SA, and adult SA) and arrests due to sex trade or drug-related charges. Significant relationships were observed between arrests for sex trade and adult SA (OR=2.1, 95%CI=1.2-3.6), adolescent IPV (OR=2.5, 95%CI=1.5-4.1), and adult IPV (OR=1.7, 95%CI=1.1-2.6); no significant associations were observed for drug-related charges. Findings from the current study demonstrate that experiences of gender-based violence are associated with arrests for sex trade but not drug-related charges. Interventions for incarcerated women are needed to consider and address history of victimization from gender-based violence and its relation to women's historic and future sex trade involvement.     

Teaching Young Children to Discriminate Abusive From Nonabusive Situations Using Multiple Exemplars in a Modified Discrete Trial Teaching Format

Personal safety programs can teach young children knowledge and skills they can utilize to avoid or escape abduction and sexual abuse (Wurtele, 1990). An appropriate escape response will not occur, however, if the child is unable to discriminate an innocuous situation from a potentially abusive one. This study examines the crucial elements involved in training the recognition or discrimination phase in personal safety programs. A multiple probe design across three typically developing children, ages 5-years 7-months through 6-years 7-months, was used to determine whether rules and discrete trial training of discriminations of appropriate and inappropriate touch and situations generalized to puppet role-play scenarios. All participants showed increases in correct responding on generalization role-play probes and maintained these increases over a 3-and 6-week follow-up.     

Why do evaluation researchers in crime and justice choose non-experimental methods?

Despite the general theoretical support for the value and use of randomized controlled experiments in determining ‘what works’ in criminal justice interventions, they are infrequently used in practice. Reasons often given for their rare use include that experiments present practical difficulties and ethical challenges or tend to over-simplify complex social processes. However, there may be other reasons why experiments are not chosen when studying criminal justice-related programs. This study reports the findings of a survey of criminal justice evaluation researchers as to their methodological choices for research studies they were involved in. The results suggest that traditional objections to experiments may not be as salient as initially believed and that funding agency pressure as well as academic mentorship may have important influences on the use of randomized controlled designs.In August 2005, Dr. Lum’s affiliation will change to George Mason University.