Clinical forensic medicine and its main fields of activity from the foundation of the German Society of Legal Medicine until today

The fields mainly covered by clinical forensic medicine are subject to time-related changes which are described on the basis of the German literature of the 20th century. Some fields of forensic sexual medicine (diagnosis of virginity, proof of criminal abortion, potentia coeundi, potentia generandi, potentia concipiendi) have become less important in the daily work of medicolegal institutes, whereas victims of rape and sexual abuse continue to form a major part of the forensic examination material in the German-speaking countries. The evaluation of suspected physical child abuse has grown in importance since the 60s, and it is essentially the merit of Elisabeth Trube-Becker that this problem is now dealt with also in scientific medicine. More recently, medicolegal experts are increasingly confronted with further groups of persons: victims of domestic violence, abused/neglected seniors, refugees from countries where torture is used. A new special field, which established itself only in the 90s, is the estimation of age with regard to the criminal responsibility of suspects who have no identity papers or pretend to have none. A phenomenon frequently observed in the last two decades is the non-accidental self-infliction of injuries. Whereas in the first half of the 20th century the motive for self-mutilation was typically to evade military service, this category of injury was later mainly seen in the context of insurance fraud; more recently most forensically relevant self-inflicted injuries refer to simulated offenses (fictitious sexual offenses and robbery, attacks allegedly having a political background). One of the traditional fields of clinical forensic medicine continues to be the evaluation of victims and suspects following bodily harm and attempted homicides. In the field of civil law medicolegal experts are particularly often concerned with controversial consequences of traffic accidents (e.g. alleged whiplash injuries after rear-end collisions at low velocities).     

Y-chromosomal STR haplotypes in a population sample from continental Greece, and the islands of Crete and Chios

Eight Y chromosome short tandem repeat (STR) polymorphisms (DYS19, DYS385, DYS389I, DYS389II, DYS390, DYS391, DYS392, and DYS393) were analyzed in the sample of 117 unrelated Albanian males living in Kosovo. A general STR allelic frequency pattern in the Albanian population from Kosovo corresponds to other European populations. Fourty six haplotypes were observed in single copy. The most frequent haplotypes were (DYS19-DYS385-DYS389I-DYS389II-DYS390-DYS391-DYS392-DYS393) 14-11/11-13-29-24-11-13-13 (10.26%), 14-14/17-12-28-24-10-11-12 (9.40%), 13-16/18-13-30-24-10-11-13 (9.40%), and 14-17/17-13-31-24-10-11-13 (9.40%).     

Correlates of the Co-Occurrence of Wife Abuse and Child Abuse Among a Representative Sample

The co-occurrence of domestic violence and child abuse is well documented (Appel, A. E., & Holden, G. W. (1998). J. Fam. Psychol. 12: 578–599; Edleson, J. L. (1999). Violence Against Women 5: 134–154). However, little is known about the correlates of co-occurring wife and child abuse. Analyzing data from the 1985 National Family Violence Survey (subsample N = 2733), this study identified risk factors associated with the co-occurrence of wife and child abuse. One-way ANOVA and chi-square analyses were conducted to compare characteristics of parents, children, and households among subgroups of families reporting some form of abuse. Key differences emerged between the three types of homes compared (i.e., those with child abuse alone, wife abuse alone, or wife and child abuse), indicating possibly distinct etiologies and processes. In particular, the co-occurrence of wife and child abuse was marked by less education, worse health, increased reports of depression, and increased husband drug use. Findings may be useful to practitioners and researchers interested in risk factors for different forms of family violence.The total does not equal 100% because certain states report more than one form of maltreatment per child.     

When Public Protection Becomes Punishment? The UK Use of Civil Measures to Contain the Sex Offender

In keeping with many countries the UK has moved the problem of sexual offending up the political agenda. On the criminal justice side sentences have been increased and supervision periods extended. On the civil side a raft of new measures have been put in place to regulate the behaviour of sex offenders in the interest of community safety and child protection; this paper examines these measures and, in particular takes the sex offender ‘register’ as a case study to show how political imperatives have been brought to bear with little reference to the research or professional views of practitioners in this area. It is contended that under these political pressures, what starts life as a preventive, regulatory measure can easily become a more punitive measure in its own right; as such it may be liable to challenge by those subject to it for failing to fulfil its primary purpose and for straying across a line between the civil and criminal aspects of intervention.     

Digital Realism and the Governance of Spam as Cybercrime

Spamming is a major threat to the formation of public trust in the Internet and discourages broader civil participation in the emerging information society. To the individual, spams are usually little more than a nuisance, but collectively they expose Internet users to a panoply of new risks while threatening the communications and commercial infrastructure. Spamming also raises important questions of criminological interest. On the one hand it is an example of a pure cybercrime – a harmful behaviour mediated by the Internet that is the subject of criminal law, while on the other hand, it is a behaviour that has in practice been most effectively contained technologically by the manipulation of ‘code’ – but at what cost? Because there is not an agreed meaning as to what constitutes ‘online order’ that renders it simply and uncritically reducible to a set of formulae and algorithms that can be subsequently imposed (surreptitiously) by technological processes. The imposition of order online, as it is offline, needs to be subject to critical discussion and also checks and balances that have their origins in the authority of law. This article deconstructs and analyses spamming behaviour, before exploring the boundaries between law and code (technology) as governance in order to inform and stimulate the debate over the embedding of cybercrime prevention policy within the code itself.     

Foundation Ownership and Financial Performance: Do Companies Need Owners?

A curious ownership structure is found in Northern Europe—foundations that own and operate business companies. The foundations are non-profit entities, they have no members and no owners, and they cannot be dissolved. In many cases, these entities control more than 50% of the votes in successful international companies. Obviously, this structure completely blocks the market for corporate control, but it also violates other basic principles of agency theory and corporate finance. Nevertheless, we present evidence that a sample of foundation-owned companies listed on the Copenhagen Stock Exchange are at least as efficient as other listed companies in terms of risk adjusted stock returns, accounting returns and Tobins Q. Thus, they question whether profit-seeking ownership is a necessary condition for competitive enterprise.JEL Classification: D23, G34, L31     

Materialities of Legal Proceedings

The author explores materialities as pre-established and co-producing features of criminal proceedings. This is done by discussing courtrooms, files and stories in relation to English Crown Court hearings. The three materialities gain significance in the course of the court hearing, but do not derive from it. They exceed the course of talk-in-court. Once the hearing started, the pre-established materialities can be referred to but not simply modified. Materialities, in this line, provide stability and guidance for the hearing. They facilitate, purify and condense it. However, their temporal separation causes problems for those who run the show. Materialities can be employed but not fully integrated. Unwelcome parts do, at times, disturb, disrupt and complicate the current dealings.     

Differences in attitudes toward gays and lesbians among criminal justice and non-criminal justice majors

The criminal justice system is supposed to protect and serve all members of the community equally; therefore, any prejudicial attitudes harbored by criminal justice students may negatively impact their job performance as future justice professionals. Four hundred and eighty-four students at a large Midwestern university were surveyed on their views toward gay and lesbian persons and issues. The responses of criminal justice majors were compared to the responses of students majoring in other fields. Criminal justice majors tended to have more negative views of gays and lesbians than students in other majors. However, there was not a significant difference between the two groups of students in their willingness to extend rights to and socialize with gay and lesbian individuals.