The politics of judicial review in Chile in the era of democratic transition, 1990–2002

The study addresses the politics and effects of judicial review in Chile. It concludes that by and large the Chilean courts have refused to exercise their constitutional review powers in defence of individual rights. Although this suggests that Chile represents a ‘negative model’ of judicial review in transitional democracies, the author argues that such an understanding would be simplistic. The Chilean courts' reluctance to exercise their review powers represents the continuation of a long-held strategic stance of avoiding politically controversial cases. This in turn has contributed to the preservation of the autonomy and political independence that has historically allowed the Chilean judiciary to play a crucial role in the promotion and maintenance of the legality that characterises this country. Merging the insights of two academic fields that rarely communicate – democratization studies and public law and courts – the author proposes that prematurely introducing judicial review of the constitution in non-consolidated democracies could actually make things worse. This, because it introduces irresistible incentives for government intervention in the work of the courts, thus destroying a sine qua non of the rule of law: judicial independence.     

Computer-based production of comparison overlays from 3D-scanned dental casts for bite mark analysis

Bite mark analysis assumes the uniqueness of the dentition can be accurately recorded on skin or an object. However, biting is a dynamic procedure involving three moving systems, the maxilla, the mandible, and the victim's reaction. Moreover, bite marks can be distorted by the anatomic location of the injury or the elasticity of the skin tissue. Therefore, the same dentition can produce bite marks that exhibit variations in appearance. The complexity of this source of evidence emphasizes the need for new 3D imaging technologies in bite mark analysis. This article presents a new software package, DentalPrint (2004, University of Granada, Department of Forensic Medicine and Forensic Odontology, Granada, Spain) that generates different comparison overlays from 3D dental cast images depending on the pressure of the bite or the distortion caused by victim-biter interaction. The procedure for generating comparison overlays is entirely automatic, thus avoiding observer bias. Moreover, the software presented here makes it impossible for third parties to manipulate or alter the 3D images, making DentalPrint suitable for bite mark analyses to be used in court proceedings.     

Judicial reform and international legal technical assistance in Latin America

In Latin America judicial reform is crucial to both economic liberalization and democratization including the advancement of the rule of law and human rights agendas. The World Bank, the Inter‐American Development Bank, the United States Agency for International Development and other donors have responded with international legal technical assistance to a variety of projects, in pursuit of a number of different objectives. But for the most part governance improvements and economic concerns have been uppermost, reflecting the prominent position of the World Bank. The situation has both advantages and disadvantages. The future of judicial reform in the region will depend on the capacity to build a political consensus on the way forward, not just among donors but within the societies themselves.     

Evaluation of the efficacy and effectiveness of the Spanish security forces

This work aims to study the efficacy and effectiveness of Spanish police forces concerning major crimes—differentiating those against property, public safety, the person, and sexual liberty and indemnity—in the 2001–2006 period, using Data Envelopment Analysis (DEA). To study their efficacy we will consider both operational efficacy, defined as the ratio between solved crimes and tasks, and goals efficacy, intended to show the effect of operational efficacy on the level of crime in the subsequent year, which is measured by the annual variation in major crimes. The analysis of the effectiveness of Spanish police forces attempts to measure the impact of goals efficacy on how people perceive local security. To determine their effectiveness we will also consider the tourism variation index, population and economic activity and their influence on the variation in the number of crimes. The results show that the average operational effectiveness of police during the period analysed reaches 96%, with optimal behaviour in 19% of the stations analysed. Additionally, our findings show that the average goals effectiveness is 89% and the average effectiveness turns out to be 89%.     

The effects of closed-circuit television on crime: meta-analysis of an English national quasi-experimental multi-site evaluation

This article reports results obtained in an English national quasi-experimental multi-site evaluation of 14 closed-circuit television (CCTV) projects in residential areas, town and city centers, a city hospital, and car parks (parking lots). Both police and victimization data were collected before and after the installation of CCTV in target, control and buffer areas, and police Divisions. The results showed that CCTV was effective in reducing crimes in train station car parks but not in city centers or residential areas, seemed to be effective in reducing vehicle crimes (but not other types of crimes), and was most effective when the degree of coverage by CCTV was high and when CCTV was combined with other interventions such as improved lighting. Implications for situational crime prevention theory are drawn. There was no evidence of displacement or diffusion of benefits. It is concluded that CCTV needs to be implemented more effectively, based on an analysis of the crime problem and its causes, and needs to be evaluated using a randomized experimental design.

Post-mortem forensic neuroimaging: correlation of MSCT and MRI findings with autopsy results

Multislice-computed tomography (MSCT) and magnetic resonance imaging (MRI) are increasingly used for forensic purposes. Based on broad experience in clinical neuroimaging, post-mortem MSCT and MRI were performed in 57 forensic cases with the goal to evaluate the radiological methods concerning their usability for forensic head and brain examination. An experienced clinical radiologist evaluated the imaging data. The results were compared to the autopsy findings that served as the gold standard with regard to common forensic neurotrauma findings such as skull fractures, soft tissue lesions of the scalp, various forms of intracranial hemorrhage or signs of increased brain pressure. The sensitivity of the imaging methods ranged from 100% (e.g., heat-induced alterations, intracranial gas) to zero (e.g., mediobasal impression marks as a sign of increased brain pressure, plaques jaunes). The agreement between MRI and CT was 69%. The radiological methods prevalently failed in the detection of lesions smaller than 3mm of size, whereas they were generally satisfactory concerning the evaluation of intracranial hemorrhage. Due to its advanced 2D and 3D post-processing possibilities, CT in particular possessed certain advantages in comparison with autopsy with regard to forensic reconstruction. MRI showed forensically relevant findings not seen during autopsy in several cases. The partly limited sensitivity of imaging that was observed in this retrospective study was based on several factors: besides general technical limitations it became apparent that clinical radiologists require a sound basic forensic background in order to detect specific signs. Focused teaching sessions will be essential to improve the outcome in future examinations. On the other hand, the autopsy protocols should be further standardized to allow an exact comparison of imaging and autopsy data. In consideration of these facts, MRI and CT have the power to play an important role in future forensic neuropathological examination.     

Coalitions and corporate choices in Argentina, 1976–1994: The recent private sector support of privatization

After sabotaging almost every privatization since the 1970s, the Argentine private sector suddenly began to support privatizations in 1991. While public choice approaches that stress the cost impact of policy can explain the anti-privatization behavior of the private sector prior to 1991, they are less successful at explaining this recent shift in behavior. This article explains this shift by focusing on political coalitions. By expanding (or reducing) the set of attainable outcomes, political coalitions shape the political choices of firms. Prior to 1991, the rent-seeking private sector led a huge multi-sectoral anti-privatization coalition that repeatedly preempted the Executive from privatizing. In 1991, this coalition disintegrated as a result of a reordering of economic institutions. Devoid of its traditional allies, the private sector chose to acquiesce to privatizations. Thus, political coalitions can be more important in shaping firm behavior than economic considerations such as the cost-impact of public policy or the size of rent markets. This article also explains why, in many countries confronting comparable anti-privatization coalitions, privatizations are likely to emerge with an unexpected mixture of competition-enhancing and competition-restricting policies. Javier Corrales is assistant professor of political science at Amherst College, specializing in comparative and international politics of Latin America. He is currently writing a book on the effects of executive-ruling party relations on the implementation of market-oriented reforms in Latin America. Newspapers and magazines (from Buenos Aires)ámbito Financiero Clarín El Cronista Comercial La Nación Noticias The Review of the River Plate