The Infant Injury Database: A Tool for the Study of Injury Patterns in Medicolegal Investigations of Child Abuse

In 2012, the Harris County Institute of Forensic Sciences began prospectively collecting injury data from pediatric autopsies. These data and associated case information from 635 pediatric cases are archived in the Infant Injury Database (IID). This paper introduces the IID to the forensic community and demonstrates its potential utility for child abuse and infant fatality investigations. The database is intended to be a source of evidence‐based research for coroners/medical examiners and clinicians in the recognition and diagnosis of child abuse. RR estimates were employed to quantify the relationship between individual autopsy findings to trauma‐related and nontrauma‐related causes of death. For example, unsurprisingly, the RR of trauma cases with multiple injury types is significantly greater than other causes of death, but the RR results provide a quantitative representation of the relationship. ROC curve modeling of the presence/absence of various injury types performed well at discriminating trauma from other causes of death (AUC = 0.96).     

Where tradition meets public sector innovation: a Rwandan case study for Results-Based Approaches

Abstract

The acknowledgement of politics and institutions in developing countries is well in line with debates not only in the area of development effectiveness but also regarding new public management. Results-Based Approaches (RBApps), conceptually framed within these two debates, are designed to support outcome- and impact-oriented development goals. They link the achievement of results to monetary and/or non-monetary reward mechanisms. However, so far, development cooperation partners have mainly applied RBApps in the form of Results-Based Finance and Results-Based Aid. Through the provision of a conceptual framework, this paper embeds RBApps between different tiers of government within the discussion and applies Rwanda as a case study to it. Along the lines of Rwanda’s Domestic Performance Approach Imihigo, the article argues that development co-operation should be more proactive in considering these approaches, as they might be crucial in terms of sustainability and serve as a promising entry point for programmes supported by development partners.     

Non-Compliance with EU Directives in the Member States: Opposition through the Backdoor?

To what extent are European rules complied with, and what are the reasons for non-compliance with EU law? According to an intergovernmentalist perspective, implementation problems should occur when member states failed to assert their interests in the European decision-making process. Focusing on 26 infringement procedures from the area of labour law, we show that such ‘opposition through the backdoor’ does occur occasionally. However, we demonstrate that opposition at the end of the EU policy process may also arise without prior opposition at the beginning. Additionally, our findings indicate that non-compliance is often unrelated to opposition, and due to administrative shortcomings, interpretation problems, and issue linkage. This study is based on unique in-depth data stemming from a ground-level analysis of the implementation of six EU Directives in all 15 member states.     

Enforcing Social Europe through Labour Inspectorates: Changes in Capacity and Cooperation across Europe

Despite its central importance for the implementation of EU social policy, the issue of member state enforcement of European regulations has attracted little academic attention. This paper analyses changes in national enforcement systems and horizontal cooperation between them by comparing labour inspectorates in the EU-15 member states over time (2000 versus 2010). Starting from the assumption that, as administrations, enforcement systems are strongholds of national sovereignty, it is argued that member states’ interest in creating a level playing field and in enabling free movement in accordance with the ‘four freedoms’ should nevertheless bring about change. The results show insufficient enforcement capacity overall, but also that important changes have taken place regarding the coordination, steering and pressure capacity of national labour inspectorates, and also regarding cooperation amongst them. This points to the emergence of horizontal cooperation as a distinct feature of the European Administrative Space.     

Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”