Negotiating the Boundaries of Crime and Culture: A Sociolegal Perspective on Cultural Defense Strategies

In this article 1 offer a principled strategy for the courts to identify and to handle the uses of culture as a defense in a criminal proceeding. I begin by discussing the relationship between culture and behavior illuminated by sociologists of culture. I then explain the three categories into which cultural defenses fall–cultural reason, cultural requirement, and cultural tolerance–and the response of criminal courts in the United States to each. I argue that where culture offers an alternative explanation of the defendant's intent, it is highly relevant to determinations of criminal liability. However, where a defendant uses culture only to explain why he wanted to harm the victim and asks that the court be tolerant of such behavior, considerations of culture should not be allowed. In reaching this conclusion, I draw on theories of multiculturalism to consider the benefits and burdens of maintaining the facade of a "cultureless" criminal law in an increasingly heterogeneous society.     

The implementation of complex social policy: Institutional layering and unintended consequences in the National Disability Insurance Scheme

In this article, we identify the unfolding unintended consequences which flow from one instance of policy layering in Australia's National Disability Insurance Scheme (NDIS). We show how use of a causal diagram, which highlights feedback loops and emergent properties, to map complex chains of causal factors can assist policy scholars and policy practitioners to understand the likely direction of change and possible responses. In the case of Australia's National Disability Insurance Scheme, our analysis suggests that the likely direction of change will work against two of the fundamental design features of the NDIS: providing participants with more choice and control, and ensuring all eligible Australians are able to access appropriate services and supports regardless of where they live. Our analysis points to the use of price regulation as the site of potential intervention because of the role it plays in subsequent feedback loops and the development of the two, unwelcome, emergent properties.     

Forensic Analysis Reveals Acute Decompensation of Chronic Heart Failure in a 3500‐Year‐Old Egyptian Dignitary

Naturally preserved and embalmed bodies from archeological contexts represent a powerful source of information for forensic investigators. They allow one to ascertain pathology, cause of death, to enhance diagnostic methodology, and to improve the analysis of altered remains. We investigated the complete head and lung remnants of a 3,500‐year‐old Egyptian dignitary by radiological, microscopic, and genetic approaches. The individual, a middle‐aged male, suffered from severe periodontitis, mild atherosclerosis, and experienced cardiogenic pulmonary insufficiency with recurrent mini‐bleeds and pulmonary edema. Histology and ancient DNA analyses excluded the presence of Mycobacterium tuberculosis or of any other pathogenic species. Based on our collection of evidence, we propose that acute decompensation complicating chronic cardiac insufficiency was the likely cause of death. The underlying causes for this failure remain unknown although chronic hypertension appears to be the most likely candidate. Our finding represents the earliest reported case of chronic heart failure in ancient mummies.     

Gangs as contractors: the social organization of American Taiwanese youth gangs in Southern California

This paper examines the organizational structure and operations of Taiwanese organized crime and youth gangs in Southern California. In-depth interviews were used as the principle method of research. In contrast to transnational criminal conspiracy claims and the La Cosa Nostra model of vertically integrated organizations, our findings suggest that these criminal groups consist of discrete local Taiwanese youth gangs which operate as largely independent economic units that show no substantive and operational ties to criminal organizations in Taiwan. The formation of Taiwanese criminal organizations and gangs in Southern California is primarily governed by the availability of financial opportunities. Furthermore, both the inter-gang relations and intra-gang structures exhibit a distinct form of contractor arrangement which consists of market-like weak ties that are simultaneously circumscribed by the criminal embeddedness. We argue that that these economic weak ties, which seem to render conventionally understood criminal organizational boundaries administratively less meaningful, still function as an operationally significant governance mechanism of the organizational structures of American Taiwanese youth gangs. In addition, the paper discusses the implications that the embeddedness has on the somewhat paradoxical and incoherent organizational structure.