Legal Statements and Normative Language

Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend two theses. I argue, first, that the notion of a detached statement cannot be made to work, and that Raz’s problem is thus not thereby solved. But the problem itself, I also suggest, is a false one.     

Y-STRs in forensic medicine: DNA analysis in semen samples of azoospermic individuals

ABSTRACT: The incidence of rape has increased, especially in metropolitan areas, such as the city of São Paulo. In Brazil, studies about it have shown that the majority of this type of crime is committed by the relatives and persons close to the victim. This has made the crime more difficult to be denounced, as only 10% of the cases are reported to competent police authorities. Usually, cytological exams are carried out in sex crime investigations. The difficulty in showing the presence of spermatozoa is frequent, but it does not exclude the presence of male DNA. The absence of spermatozoa in material collected from rape victims can be due to several factors, including the fact that the agressor suffers from azoospermia. This condition can be the result of a successful vasectomy. As the majority of DNA in the ejaculation sample is from spermatozoa, there is much less DNA to be analyzed. This study presents the application of Y‐STRs (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, and DYS393) in DNA analysis of sperm samples from 105 vasectomized men. The study demonstrated a great variation in DNA concentration. DNA extraction and amplification was possible in all sperm samples even in the absence of spermatozoa. The same profile was observed, for each individual, from DNA extracted from blood, pre‐ and postvasectomy semen samples. The use of markers specific for Y chromosome in sex crime cases, especially in the absence of spermatozoa, is very important, mainly because in most situations there is a small quantity of the agressor's DNA in the medium and a large quantity of the victim's DNA.     

Age estimation by a dental method: a comparison of Lamendin's and Prince & Ubelaker's technique

Lamendin et al. (J Forensic Sci 1992;37:1373) developed a general technique to estimate age of adults at death using two dental features: periodontosis and translucency of the tooth root. Prince and Ubelaker (J Forensic Sci 2002;47:107) modified this method, creating a formula for each sex and for different ancestries, and obtained more precise age estimations. In the present study, the validity of each method was tested in 45 males and 34 females of Spanish Caucasian origin, and a novel formula, based on Prince and Ubelaker method, was specifically developed for a population of mixed racial origin (mestizo) from Colombia, and findings obtained were again compared with those yielded by Lamendin adult dental aging technique. The Prince and Ubelaker method proved more accurate than the Lamendin technique in the Spanish Caucasian population, and our Prince and Ubelaker-based formula was also more accurate than the Lamendin et al. In both populations, the Lamendin method showed a higher mean error in estimations of the age of youngest and oldest individuals. These findings confirm the need to create specific formulas for each human group in order to obtain more accurate age estimates.     

Estimation of age-at-death for adult males using the acetabulum, applied to four Western European populations

Methods to estimate adult age from observations of skeletal elements are not very accurate and motivate the development of better methods. In this article, we test recently published method based on the acetabulum and Bayesian inference, developed using Coimbra collection (Portugal). In this study, to evaluate its utility in other populations, this methodology was applied to 394 specimens from four different documented Western European collections. Four strategies of analysis to estimate age were outlined: (a) each series separately; (b) on Lisbon collection, taken as a reference Coimbra collection; (c) on Barcelona collection, taken as a reference both Portuguese collections; and (d) on London collection taken as reference the three Iberian collections combined. Results indicate that estimates are accurate (83-100%). As might be expected, the least accurate estimates were obtained when the most distant collection was used as a reference. Observations of the fused acetabulum can be used to make accurate estimates of age for adults of any age, with less accurate estimates when a more distant reference collection is used.     

Cardiac Injuries Caused by Blunt Trauma: An Autopsy Based Assessment of the Injury Pattern

Abstract:  Nonpenetrating chest trauma with injury to the heart and aorta has become increasingly common, particularly as a result of rapid deceleration in high-speed vehicular accidents, over the past 2–3 decades. The high mortality rate of cardiac injuries and possible late onset complications make blunt cardiac injuries an important challenging point for legal medicine. One hundred and ninety cases with blunt cardiac injuries in a period of 3 years were analyzed retrospectively in terms of patterns of cardiac injury, survival times, and demographic profiles of the cases in this study.     

Violence in Juvenile Dating Relationships Self-Reported Prevalence and Attitudes in a Portuguese Sample

The objective of this study was to determine the prevalence of physical and emotional abuse in Portuguese juvenile dating relationships and to investigate attitudes about these forms of violence. A sample of 4,667 participants, aged 13 to 29 years, completed two questionnaires, one behavioral and one attitudinal. At least one act of abuse perpetrated by a dating partner during the previous year was reported by 25.4% of participants (13.4% reported to have been victims of physical abuse and 19.5% of emotional abuse). Abuse of a partner was reported by 30.6% of participants; at least one act of physical abuse was reported by 18.1% and of emotional abuse by 22.4%. The attitudinal data revealed, however, a general disapproval of violence use. Violence support was higher among males, participants with lower educational and social status and those who had never been involved in a dating relationship. Women reported more acts of partner abuse than males; no gender differences were found regarding self-reported victimization. Both perpetration and victimization were reported more by older students. Although university students tend to report more acts of general and emotional abuse against their partners, students from professional schools are more represented among both perpetrators and victims of physical and severe violence. The best predictors of violence were educational status and attitudes toward partner.     

Spanish legislation against trafficking in human beings: punitive excess and poor victims assistance

The article seeks to provide a perspective of human trafficking as one of the fastest growing criminal activities of the last few years in the area of organised crime and one that affects human beings’ most basic rights. In the main, the response to the problem has been its criminal prosecution, but without tackling the issues of need that underlie this conduct and which the traffickers take advantage of to abuse, assail and exploit the people they traffic. In this context, the evolution of Spanish legislation in terms of the criminalisation of this problem has made it one of the most repressive, although there is no clear evidence of its effectiveness. This punishment, which covers a wide range of criminal conducts, has not however been accompanied by any policies to support and integrate the victims of trafficking, which has led to a large number of victims being subjected to slavery who, in the majority of cases, fall under the control of the trafficking networks again.     

<Emphasis Type="Bold">A</Emphasis>nti-corruption agencies: between empowerment and irrelevance

The anti-corruption activity of the 1990s is characterized by the rise of new players, such as specialized anti-corruption bodies. Anti-corruption agencies (ACAs) are public bodies of a durable nature, with a specific mission to fight corruption and reducing the opportunity structures propitious for its occurrence in society through preventive and/or repressive measures. Independently of their format and powers, ACAs encounter various constraints to their mandate, which explains the meagre results obtained by some of them. This introductory paper tries to understand the rise, future, and implications of this new kind of “integrity warrior” and to locate them in the evolving doctrine of corruption control. The objective of this edited volume is to re-launch the debate on ACAs as the most innovative feature of the anti-corruption movement of the last two decades.     

Perceiving others as different: a discussion on the stigmatization of the mentally ill

This commentary on the stigmatization of people with mental illness explores social perceptions of them as dangerous and uncivilized. The authors discuss how the legal system suggests that these are people who should be ousted from the community while mental health professionals attempt to reiterate the fact that these individuals are simply human. The authors describe ways people with mental illness have been subjected to discrimination, ridicule, and humiliation. This commentary discusses multiple perspectives of mental illness, from past to present, and how those perspectives influenced social, legal, and psychological frameworks.