Hague Case Law — Latest Development

Netherlands International Law Review -     

Sudden and unexpected death of a 6-month-old baby with silent heart failure due to anomalous origin of the left coronary artery from the pulmonary artery.

A 6-month-old girl died suddenly without any previous symptoms of heart failure. Autopsy examination showed cardiomegaly (97 g) with a severely fibrotized myocardium. The left coronary artery was originating from the pulmonary artery. Histologically, the myocardium showed myocardial infarcts of different ages, as well as grossly thickened arterial branches due to increased flow in left-right shunt. We suggest that rare anomalies of the coronary arteries should be considered in the autopsies of suspected sudden infant death syndrome cases.     

The establishment of the features of the blade of a stabbing-cutting weapon by the damages to human skin and to tricot clothing]

Presents forensic medical characteristics of the specific features of stabbed and cut injuries of human skin and jersey. Suggests a complex of signs that will help determine some structural parameters of a knife blade and the conditions of its interaction with the injured site of human body.     

Law enforcement information sharing: A Florida case study

Many attempts have been made over the last several decades to improve communication among law enforcement agencies. This article is a case study of a “low-level” data sharing project in Florida that could serve as a national model. The Florida Law Enforcement Data Sharing Consortium is a partnership between the University of Central Florida and more than one hundred law enforcement agencies. It offers an inexpensive, yet technically advanced alternative to the proprietary data sharing model. Its distributed architecture was endorsed by the Markle Foundation, the 9/11 Commission, and the 2004 National Security Act. Civil liberties concerns raised by this and other types of data sharing projects are discussed.     

Logical evaluation of evidence when a person is suspected of committing two separate offences.

We consider the problem of drawing inferences within a legal framework when a person is a suspect for two separate offences. Although we are primarily concerned with scientific evidence the issue inevitably arises as to how that evidence interacts with other, non-scientific evidence. We show that, in this particular context, the evidence can be conveniently classified into three categories that concern, respectively: the first crime only; the second crime only; and evidence that relates to similarities between the two crimes. Two case examples are considered and we consider DNA, fibres and eyewitness evidence. These are viewed from the perspective of a prosecutor who has to decide whether or not to charge a suspect with one or both crimes. Graphical sensivity analyses are presented which have features that are not intuitively obvious.     

Can information change public opinion? Another test of the Marshall hypotheses

U.S. Supreme Court Justice Thurgood Marshall offered his opinion regarding the utility of public opinion polls as a tool for assessing the “evolving standards of decency” regarding capital punishment. His arguments became known as the Marshall hypotheses and spawned a considerable body of empirical testing. The three Marshall hypotheses are: (1) support for capital punishment is inversely associated with knowledge about it, (2) exposure to information about capital punishment produces sentiments in opposition to capital punishment, but (3) exposure to information about capital punishment will have no impact on those who support it for retributive reasons. The results of previous tests of these hypotheses were somewhat mixed but supportive. None of these studies, however, examined the effects of change in knowledge levels with changes, if any, in death penalty attitudes and beliefs as needed for a more complete test of the Marshall hypotheses. The present study addressed this shortcoming. The results provided mixed support for these three hypotheses. That is, death penalty supporters were somewhat less informed than death penalty opponents; exposure to death penalty information and knowledge gains tended to be associated with attitudinal change in a directions suggested by these hypotheses; but, retributivists' attitudes toward and beliefs about capital punishment were not any more resistant to change than were the attitudes and beliefs of non-retributivists.     

PROFILE: CHILD CUSTODY MEDIATION SERVICES IN CALIFORNIA SUPERIOR COURTS

California is now in its 11th year of mandatory child custody mediation, with a current yearly case volume statewide estimated at 65,494. This article profiles the variations in programs and mediation styles in 56 of the state's 58 Superior Courts. Two research studies provide the basis for the information on program structures, case activity, procedures, agreement formats, recommendations, facilities, security, and fees.     

The use of the laser for determining the direction of the shots and the position of the victim's body in gunshot wounds

In this article a practical case is described when gunshot directions and position of a victim's body at the moment of each shot were determined by natural simulation using an LG-78 laser (made in the form of a gun).     

Child Care Subsidies and Employment Behavior Among Very‐Low‐Income Populations in Three States

Using merged administrative data from welfare reform evaluations in three states, we estimate the effects of child care subsidy use on the length of time it takes for a welfare applicant to move into substantial employment. Findings show that the use of a child care subsidy during an unemployed or marginally employed spell of welfare receipt is associated with between a 0.6 and 1.7 quarter (or 11% to 34%) reduction in the time to substantial employment in two of the three state samples. The positive influence of subsidy use on transitions to substantial employment is strongest for those welfare applicants with the lowest earnings who are mixing welfare and work prior to subsidy receipt.