《美国的刑事司法：理论与实践》

人们对于在美国诉讼频繁的现象已经见怪不怪了。全美有近一百万名律师，仅是服务于加州四千四百万人口的律师人数已超过为十三亿的中国人口服务的律师人数了（加州有159，600名律师，而中国约有120，000名律师）。但同时，进入美国刑事司法体系的人数较之其他国家也相当庞大。美国的监禁人数在全球数一数二（每十万人中就有738人服监禁刑，     

Crafting the Copenhagen Consensus: Some Reflections

The 2007 Bali Climate Conference launched a 'meta-negotiation' of unprecedented scale and complexity. Culminating in 2009, climate change delegates must now define the next round of targets for the Kyoto Protocol developed country parties, and comparable provisions for the USA. Most dauntingly, negotiators must also devise a new architecture for further 'action' by developing countries under the Convention. This paper reflects on the key challenges involved in crafting a consensus at the climate conference in 2009 in Copenhagen. In particular, it explores options for reaching agreement with the USA and developing countries, suggesting a transition phase up to 2020. For developing countries, the paper outlines a possible 'choose and no-lose' approach, along with options for increased financing. The paper concludes by looking beyond 2009, emphasizing that, given the complexity of the negotiations, a work programme post-Copenhagen will be needed.     

Multiple Imputation of the Supplementary Homicide Reports, 1976–2005

The Supplementary Homicide Reports (SHR), assembled by the Federal Bureau of Investigation (FBI), have for many years represented the most valuable source of information on the patterns and trends in murder and non-negligent manslaughter. Despite their widespread use by researchers and policy makers alike, these data are not completely without their limitations, the most important of which involves missing or incomplete incident reports. In this analysis, we develop methods for addressing missing data in the 1976–2005 SHR cumulative file, related to both non-reports (unit missingness) and incomplete reports (item missingness). For incomplete case data (that is, missing characteristics on victims, offenders or incidents), we implement a multiple imputation (MI) approach based on a log-linear model for incomplete multivariate categorical data. Then, to adjust for unit missingness, we adopt a weighting scheme linked to FBI annual estimates of homicide counts by state and National Center for Health Statistics mortality data on decedent characteristics in coroners’ reports for deaths classified as homicide. The result is a fully-imputed SHR database for 1976–2005. This paper examines the effects of MI and case weighting on victim/offender/incident characteristics, including standard errors of parameter estimates resulting from imputation uncertainty.

Lessons from Cukurova

The first 150 words of the full text of this article appear below. Key points

• The recent decision of the High Court of the BritishVirgin Islands in Alfa v Cukurova has caused a stir among lawyersserving the international financial markets based in London.
• Thedecision concerns the meaning of ‘appropriation’.Appropriation is a new remedy for collateral takers introducedby the Financial Collateral Arrangements (No. 2) Regulations2003, which implement the Financial Collateral Directive.
• Thedecision holds that effective appropriation requires the collateraltaker to take over from the collateral giver the ability todeal with the collateral as its own.
• In Cukurova, where anequitable mortgage was taken over directly held shares, thisrequired that the collateral taker become the registered ownerof the shares.
• The decision was appealed to the BVI Court ofAppeal in late January 2008 and may go further. In the meantime,this article provides an overview of the decision and considersits wider significance.

 

Psychoactive drugs in the road traffic in the legal and consultative aspects—Experience gained by the Forensic Medicine Department, Silesian University of Medicine, Katowice

Introduction

In the years 1997–2007 in the Forensic Medicine Department, Silesian University of Medicine, Katowice a total of 785 blood samples collected from drivers being the perpetrators of road accidents was tested for the presence of psychoactive drugs.

Methods

The studies took advantage of FPIA (Abbott), ELISA (Neogen), LC–MS and GC FID.

Results

21% of tested samples were positive. In the blood of the driver cannabinoids, amphetamine and its derivatives were most frequently found. Moreover, individual opium alkaloids, their combinations with barbiturates, benzodiazepines or amphetamine, benzodiazepine derivatives (isolated cases), drugs of benzodiazepine group in combination with barbiturates, tramadol or tricyclic anti-depressants (isolated cases), carbamazepine, phenotiazine, cocaine, dibenzepine, benzene, toluene and acetone were determined.

Conclusion

The obtained results showed cannabinoids and amphetamine derivatives to be the most frequent whereas opium alkaloids, barbiturates and benzodiazepines rather rare psychoactive drugs found in the tested blood samples of the drivers involved in the road accidents. The authors suggest screening psychoactive drugs not only in drivers involved in road accidents but also those put through the routine road check procedures. While giving opinions on the influence of the above mentioned drugs on the psychophysical efficiency of road traffic users, drugs and compounds which are not subject to legal control but have an effect on the human psychomotor efficiency and thus, enhance the risk of the road accident should be also taken into account.