Constitutional literacy in Africa: challenges and prospects

The issue of constitutional literacy has attracted very little attention in scholarship on constitutionalism in Africa. This is not surprising, because the early constitutions were virtually imposed by the departing colonial powers and perceived as alien, not only by the ordinary citizens but also the new leaders, who had little knowledge or experience of constitutional governance. Have the new generation of ‘made-in-Africa’ constitutions changed the state of constitutional literacy on the continent? In addressing this question, the paper examines the concept of constitutional literacy and, using the example of South Africa, considers ways in which it could be promoted. The paper also considers the challenges to promoting constitutional literacy. It concludes by underlining the fact that strengthening the democratic constitutional foundations laid in the 1990s, foundations increasingly under threat today, requires a comprehensive programme of constitutional education, with a focus on the poor and other marginalised groups in society. Without knowledge and awareness of constitutional rights, citizens will not be able to vindicate their rights or challenge any violation of them.     

Deterrence and the Death Penalty: Partial Identification Analysis Using Repeated Cross Sections

Objectives

Researchers have used repeated cross sectional observations of homicide rates and sanctions to examine the deterrent effect of the adoption and implementation of death penalty statutes. The empirical literature, however, has failed to achieve consensus. A fundamental problem is that the outcomes of counterfactual policies are not observable. Hence, the data alone cannot identify the deterrent effect of capital punishment. This paper asks how research should proceed. We seek to make transparent how assumptions shape inference.

Methods

We study the identifying power of relatively weak assumptions restricting variation in treatment response across places and time. We perform empirical analysis using state-level data in the United States in 1975 and 1977.

Results

The results are findings of partial identification that bound the deterrent effect of capital punishment. Under the weakest restrictions, there is substantial ambiguity: we cannot rule out the possibility that having a death penalty statute substantially increases or decreases homicide. This ambiguity is reduced when we impose stronger assumptions, but inferences are sensitive to the maintained restrictions.

Conclusions

Imposing certain assumptions implies that adoption of a death penalty statute increases homicide, but other assumptions imply that the death penalty deters it. Thus, society at large can draw strong conclusions only if there is a consensus favoring particular assumptions. Without such a consensus, data on sanctions and murder rates cannot settle the debate about deterrence. However, data combined with weak assumptions can bound and focus the debate.     

Pitfalls in the Use of Time Series Methods to Study Deterrence and Capital Punishment

Objectives

Evaluate the use of various time series methods to measure the deterrence effect of capital punishment.

Methods

The analysis of the time series approach to deterrence is conducted at two levels. First, the mathematical foundations of time series methods are described and the link between the time series properties of aggregate homicide and execution series and individual decision making is developed. Second, individual studies are examined for logical consistency.

Results

The analysis concludes that time series methods used to study the deterrence effects of capital punishment suffer from fundamental limitations and fail to provide credible evidence. The common limitation of these studies is their lack of attention to identification problems. Suggestions are made as to directions for future work that may be able to mitigate the weaknesses of the current literature.

Conclusions

Time series studies of capital punishment suffer from sufficiently serious identification problems that existing empirical findings are compatible with either the presence or the absence of a deterrent effect.     

Preventive War and Permissive Normative Order

Following the terrorist attacks of September 11, 2001, U.S. president George W. Bush articulated a new national security strategy based on striking terrorist organizations and the states that harbor them before they could endanger the United States. Though expressed in the language of preemption, the Bush strategy embodied a far more problematic doctrine of preventive warfare. Whereas the grounds for preemption lie in evidence of a credible, imminent threat, the basis for prevention rests on the suspicion of an incipient, contingent threat. We argue that an American national security strategy that embraces preventive war will set an inauspicious precedent, undermining normative restraints on when and how states may use military force.     

Degeneration of Nuclei and Mitochondria in Human Hairs

Abstract:  It is generally accepted that nuclei degrade in developing hair shafts but the point at which such occurs has not been investigated. The fate of mitochondria in the keratinizing hair shaft has been less clear. This study uses transmission electron microscopy to investigate when nuclei and mitochondria are no longer visible in the developing hair shaft. Serial sections were obtained from anagen head hairs absent follicles in order to determine the sequence of degradation of nuclei and mitochondria in the hair shaft by starting at the root bulb and proceeding toward the hair tip. It was demonstrated that nuclei and mitochondria become invisible in the keratinizing hair shaft at about the same time. This was found to occur fairly early in the process at the level of the hair shaft where the hair cuticle becomes permanent.     

Data and Safety Monitoring Boards: Some Enduring Questions

Data Safety and Monitoring Boards (DSMBs) have been referred to as a "growth industry," and this trend continues to be fueled by recent FDA guidance and the NIH's requirement that DSMBs be employed in virtually all phase III clinical trials. The widening role of DSMBs has been sporadically questioned on ethical grounds, but growth has continued, despite the fact that many of the questions endure, unanswered, save for repeated references to safeguarding the scientific integrity of trials. This may be about to change. The recently appointed director of the Office for Human Research Protections (OHRP), Jerry Menikoff, is on record as regarding current practices — where consent forms often promise what the DSMB has been assembled to specifically not provide — as constituting fraudulent behavior. That is, a subject may inherently rely on, to their detriment, information that has been misrepresented in the consent document. In this paper, we assemble some of the enduring questions and top them off with Menikoff's tour de force to present what we hope will be a compelling argument to require that consent forms fairly represent what the DSMB will do — and not do — with trial data as they accumulate. We argue that DSMBs should be used only in rare circumstances, and question the practice of precluding principal investigators from DSMB membership, but our main thrust is to ensure that DSMBs, when used at all, are properly described in trial consent forms.     

Effectiveness of pupil diameter in a probable‐lie comparison question test for deception

Purpose. There were three objectives of this study: (1) To assess the possibility of using pupil diameter as an index of deception in the context of a comparison question polygraph test. (2) To determine if pupil diameter would make a significant contribution to an optimal multivariate classification equation in combination with the traditional predictor variables used in field polygraph practice. (3) We explored the possibility of replacing one or more of the traditional predictor variables with pupil diameter. Methods. We used a laboratory mock crime experiment with 24 participants, half of whom stole $20 (US) from a secretary's purse. Participants were tested with a comparison question test modelled after standard field practice. Physiological measures were taken with laboratory quality instrumentation. Features were extracted from the physiological measures. Those features were subjected to a number of different statistical analyses. Results. Innocent participants showed larger increases in pupil diameter in response to probable‐lie questions than to relevant questions. Guilty participants did not show differential responding to the question types. The additional of pupil diameter to a multivariate classification model approached, but did not reach significance. Subsequent analyses suggest that pupil diameter might be used to replace the traditional relative blood pressure measure. Conclusions. Pupil diameter was found to be a significant predictor variable for deception. Pupil diameter may be a possible replacement for the traditional relative blood pressure measure. Additional research to explore that possibility would seem to be warranted.     

The Relationship of Chronological Age, Age at Injury, and Duration of Injury to Employment Status in Individuals with Spinal Cord Injury

Employment status following spinal cord injury (SCI) has important implications for financial and psychosocial well-being. Several age-related variables-in particular chronological age, duration of SCI, and age at SCI onset-have been identified as being associated with employment among individuals with SCI. Cross-sectional investigations of this topic are complicated by methodological and statistical issues associated with aging and disability. The purpose of the current study was to examine the associations between three aging variables and employment status in individuals with SCI through a series of regression analyses. Six hundred twenty individuals with SCI completed a survey that included measures of demographic characteristics, pain, psychological functioning, physical functioning, fatigue, and sleep. The results indicated that chronological age and age at SCI onset were significant predictors of employment status. A significantly greater proportion of individuals aged 45-54 were employed compared to those aged 55-64 even after controlling for biopsychosocial variables. Additionally, there was a negative linear relationship between percent employed and age at SCI onset, and this relationship was not accounted for by the biopsychosocial variables. The analyses used in this study provide one method by which to disentangle the effects of different age-related variables on important SCI outcomes in cross-sectional research. Continued research in this area is needed to better understand age-related effects on employment status, which could be used to help maximize the quality of life in individuals with SCI.     

Correlates of the victim-offender relationship in homicide

Using a classification of homicides based on the victim-offender relationship, this research analyzes individual-level data from a local prosecutor's office in Taiwan with multinomial logistic regression to locate the more precise correlates of three different homicide relationship types. The results of the analyses provide further support for the hypothesis that such partitioning of homicides is fruitful in revealing the relationships otherwise obscured. They indicate that both sociodemographic variables and situational variables are important correlates of three different homicide relationships, but their strengths vary based on the particular homicide relationship type. Age and crime premises correlate with homicide differently based on the victim-offender relationship. Premeditation is related to acquaintance homicide but not to intimate homicide. In contrast, previous conviction is associated with intimate homicide but not with acquaintance homicide. The implication of the findings is discussed within the limitation of the data.