The first three years in Charterland

Abstract: An examination of judicial decisions in the first three years of the Canadian Charter of Rights and Freedoms indicates that the Charter has fulfilled neither the worst fears of its critics nor the high hopes of its supporters. Jt has produced a flood of litigation in the lower courts which has gradually bubbled up to the Supreme Court of Canada and put that institution under a good deal of stress. Undoubtedly the Charter has resulted in the transference of some political activity from the political to the judicial arena. Although Canadian judges have shown themselves to be far more prepared to give effect to the constitutional Charter than they were to the statutory Bill of Rights, Charter decisions in these first three years have not seriously eroded the power of elected legislators. Most cases have involved challenges to procedural aspects of criminal justice. Few of the successful challenges have adversely affected policy interests of contemporary governments. The coming into force of the equality clause at the end of this three-year period could dramatically change this picture. In the meantime, the impact of the Charter on popular attitudes which many of the Charter's proponents said would be its most important effect remains unexplored.     

CRIMES,CRIME RATES,ARRESTS, AND ARREST RATIOS: IMPLICATIONS FOR DETERRENCE THEORY*

The relationship between crimes and arrests is one of the central issues in deterrence theory. There are several conceptual difficulties in attempting to assess whether arrests deter crimes or the number of crimes determine the number of arrests. These problems are compounded when rates are used to measure both variables. The issue is whether criminals respond to arrests or the police respond to changes in crime. The present analysis compares regression results when the variables are measured both as rates and raw numbers for three offenses: homicide, robbery, and burglary. The results indicate that arrests follow crimes. This suggests the need to reexamine some studies that argue that criminals’perceptions of arrest rates are an indication of deterrence.     

TRIVIOCRACY: SAYRE'S LAW REVISITED

Triviocracy is a generalized organizational phenomenon; to the outsider or casual participant, the goals or issues which members of the organization pursue have little or no overt relationship to the well-being of the organization; and once attained, these goals do not appear to help individuals in pursuit of their professional goals in any easily desirable way. In this paper will will explore the concept of triviocracy in some depth, describe the process that unfolds and examine the dynamics of triviocracy and its functions and dysfunctions.     

Face and neck injuries due to resuscitation versus throttling

Face and neck injuries of 21 patients who died of other causes than mechanic asphyxia and who were resuscitated in connection to dying were analyzed during a 3-year period, 1980-1982. The injuries were predominantly of the type nail impression marks (85%) and showed a regular symmetric distribution tending to form circles around the nostrils and mouth. Injuries inflicted upon mouth-to-mouth ventilation were localized to the nose and at jaw-thrust to the mandibular margins and were easy to differ from those due to throttling. Injuries inflicted on the cheeks upon removal of vomit from the mouth were similar to those seen after violent oral occlusion and those occurring at carotid pulse palpation as indicated by throttling. No fractures of the laryngeal skeleton and no conjunctival haemorrhages were seen.     

Institutionalized Evaluation and Intergovernmental Relations: The Case of Coastal Zone Management

The enactment of national environmental management programswas prompted, in large part, by the perceived failure of stateand local government officials to deal adequately with pollutioncontrol and resource management problems. Paradoxically, theimplementation of several important environmental managementprograms relies heavily on these same state and local officials.Congress has sought to resolve this paradox by requiring federalevaluation of state and local environmental planning and managementactivities. Many of these evaluations are little more than routinefiscal audits. However one agency, the Office of Coastal ZoneManagement, has sought to develop a systematic evaluation processfocusing on all aspects of state coastal zone programs. Theseevaluative efforts have led to intergovernmental tensions, mostnotably with regard to the purposes and methods of evaluation,the appropriate roles of federal and state officials, and theresources available for evaluation. In spite of these tensions,there is broad agreement about the value of the evaluation processand its potential applicability in other contexts.     

The use of drugs in torture and human rights abuses

The forced administration of drugs, usually by injection, may accompany physical torture. In the extrajudicial environment in which torture occurs, documentation of the types of drugs used is difficult. In violation of all codes of professional ethics, physician participation appears to be ubiquitous. In the Soviet Union, human rights abuses have become institutionalized within the mental health care system. Therapeutic drugs are used, often at toxic levels, to punish political and/or religious dissidents.