Overcoming the past: De-communization and reconstruction of post-communist societies

In several of the central and eastern European nations, the fall of Communism has initiated a new round of political intolerance that threatens to destroy the foundations of their fragile democratic regimes. Campaigns of lustration (political “cleansing”) have imposed ideological tests for employment and political participation in the Balkan countries and in parts of the former Soviet Union. The small, poor nation of Albania has been especially seriously impacted by this atmosphere of vengeacean against ex-Communists and their families. Justified by the principles of destructive entitlement—reminiscent of ancient cultural rituals of blood retribution—journalists have been arrested, members of the opposition have been imprisoned, and University programs have been suspended. In response to Albania’s plight, and to a similar pattern of civil rights abuses in neighboring countries, social scientists have begun to analyze the powerful role played by the “past-in-the-present” in current reconstruction efforts. As Jurgen Habermas, Adam Michnik, Seymour Martins Lipset, and others have noted, a new “culture of forgiveness” may well be a necessary condition for the development of stable and authentic democratic societies in the region. Fatos Tarifa is currently at the Department of Sociology, University of North Carolina at Chapel Hill. He received his Ph.D. in Political Science from the University of Tirana in 1985. He is director of the New Sociological Research Center (NSRC) in Tirana, Albania, and is the author of several books and journal articles, including a 1991 bookIn Search of the Sociological Fact (published in Albanian). Jay Weinstein is a professor of sociology at Eastern Michigan University. He has travelled widely in the Third World and in Central and Eastern Europe. Author of numerous books, journal articles, and chapters, he is currently working on a volume entitledSocial and Cultural Change: Social Science for a Dynamic World (forthcoming in 1997 by Allyn & Bacon Publishers).     

Recent Developments in China's Intellectual Property Laws

As one of the conditions in its acceptance into the WTO, theChinese government is required to comply with TRIPS. Known forits poor IPR regulations and inadequate judicial enforcement,China has nonetheless done much in recent years to reverse itsreputation as an IPR-unfriendly country, especially with theemergence of domestic technological innovations. Yet many necessaryimprovements remain to be realized, and here we provide someadvice in navigating the difficult Chinese IP system.     

A “concrete” identification in a dismemberment case

Homicide perpetrators can use concrete as a means to conceal their victims. When concrete encasement is encountered in the forensic field, albeit rarely, it is often coupled with postmortem dismemberment. This method of obscuring the evidence presents unique investigative obstacles, specifically related to identification. Various approaches to obtaining fingerprints from decedents encased in concrete have been suggested and implemented over the years. The presented case is that of an initially unidentified 44-year-old male, who was subject to postmortem dismemberment and concrete encasement. Meticulous excavation techniques facilitated preservation of evidence and an anatomical reconstruction of the body. These techniques enabled inspection of the incision sites of the dismembered remains during the postmortem examination. Identifiable jewelry and tattoos were noted at autopsy. Further, the resulting concrete molds could be utilized to obtain fingerprints. These prints were used to ultimately identify the decedent.     

Competency to stand trial: a conceptual model for its proper assessment

The assessment of competency to stand trial is frequently fraught with conceptual confusion resulting from a failure to properly apply the data of the clinical examination to the relevant legal criteria. A basic question scheme that encompasses (1) the defendant's psychiatric status, (2) the effects of that status on his functioning, and (3) his apparent ability to participate in legal proceedings, is introduced to clarify the evaluation of fitness to stand trial. The way in which combinations of answers to three "basic questions" generate a scheme that clarifies the difficulties encountered in most competency evaluations is shown. Eight paradigm cases are generated. Five of these (competence, incompetence, mentally ill but competent, malingering, and impaired but competent) are frequently straightforward. However, the three possibilities in which a defendant meets criteria entailed by two of the three questions are inherently subject to controversy. These situations (circumscribed psychosis related to the charges, malingering in the context of mental illness, and functional deficits in the context of minor mental illness) are discussed in detail and illustrated with case material.