The United States Supreme Court and the death penalty: The struggle for fairness

In the ten years sinceFurman v. Georgia, the United States has recognized the right of states to adopt and follow different capital sentencing schemes so long as they protect the defendant from arbitrary and capricious imposing of the death sentence. The sentence may not be disproportionate to the crime. Sentencing may be done by a judge or jury. Prospective jurors may not be challenged for cause merely because their deliberations would be affected because a death penalty was possible, but only if they could not fulfill their oath. Habeas corpus petitions in capital cases are not open invitations to avoid finality of judgment and execution of the sentence, but are to find constitutional errors.     

The 'Lessons' of Dictatorship: Political Learning and the Military in Chile

This article argues that political learning with regard to civil-military relations in Chile has proved an obstacle to democratization. In the postauthoritarian period, both the armed forces and political parties have referred to history when considering civil-military reform, especially with regard to how to avoid a repeat of the conflict of the Unidad Popular period. Meanwhile, the military also utilizes the Spanish example when resisting changes it feels are inimical to its interests. The 'lessons' each takes from the past directly influence political strategies and the overall result is that while civilian rule continues, democratic civil-military relations are not necessarily advanced.     

MEDIATING JUDICIAL POLICY

Despite the widespread use of mediation to resolve public policy disputes, there is little written on the mediation of judicial rule disputes. A successful mediation of a dispute over proposed court rules to govern mediation of certain family law cases involving domestic violence concerns is reviewed. The authors conclude that the mediation provided (a) a confidential venue for disputing judges to respectfully disagree with one another, (b) an opportunity for collaborative problem solving, (c) an opportunity to reduce conflict among judicial colleagues. (d) a format for dialogue with other stakeholders, and (e) greater degree of influence with regard to the outcome of the dispute. Specific recommendations to encourage the effective use of judicial policy mediation are offered.     

Assessing Freedom of Information in Latin America a Decade Later: Illuminating a Transparency Causal Mechanism

More than 100 freedom of information (FOI) laws have been enacted worldwide, nearly half within the last 10 years. Yet these cross‐domain, lynchpin transparency measures have received little scholarly attention. This article assesses the 16 FOI measures adopted across Latin America. Is secrecy being surrendered in a region marked by legacies of opacity? Why are some laws fulfilling their de jure potential in practice while others are not? This article aims to achieve 3 general objectives. It analyzes the de jure and de facto strength of Latin American FOI regimes; it exposes critical data‐based and methodological challenges in evaluating and comparing transparency laws; and it illustrates how a causal mechanism, driven by the interactive dynamics of legislative balances of power and cabinet compositions, has had a determinate influence in shaping the strength of FOI regimes from adoption to implementation and reform.     

Fatal Fentanyl Patch Misuse in a Hospitalized Patient with a Postmortem Increase in Fentanyl Blood Concentration

Opioid‐related mortality happens, even in healthcare settings. We describe serial postmortem fentanyl blood concentrations in a hospital inpatient who fatally abused transdermal fentanyl. This is a single‐patient case report. A 42‐year‐old man with lymphoma was started on transdermal fentanyl therapy while hospitalized for chronic abdominal pain. The patient was last seen awake 1.3 h prior to being found apneic and cyanotic. During the resuscitation attempt, a small square‐shaped film was removed from the patient's oropharynx. Femoral blood was collected 0.5 and 2 h postmortem, and the measured fentanyl concentration increased from 1.6 to 14 ng/mL. Study limitations include potential laboratory or collection errors and missing data. (i) Providers must be vigilant for signs of fentanyl patch abuse. (ii) Postmortem blood concentrations are not static postmortem, likely secondary to decreasing pH, increased aqueous solubility, and tissue redistribution, and are therefore unlikely to accurately represent antemortem blood concentrations.     

Animal Scavenging and Scattering and the Implications for Documenting the Deaths of Undocumented Border Crossers in the Sonoran Desert,

Since 1998, over 5500 people have died while attempting to cross the U.S.–Mexico border without authorization. These deaths have primarily occured in the Arizona desert. Despite the high volume of deaths, little experimental work has been conducted on Sonoran Desert taphonomy. In this study, pig carcasses were used as proxies for human remains and placed in different depositional contexts (i.e., direct sunlight and shade) that replicate typical sites of migrant death. Decomposition was documented through daily site visits, motion-sensitive cameras and GIS mapping, while skeletal preservation was investigated through the collection of the remains and subsequent faunal analysis. Our results suggest that vultures and domestic dogs are underappreciated members of the Sonoran scavenging guild and may disperse skeletal remains and migrant possessions over 25 m from the site of death. The impact of scavengers and the desert environment on the decomposition process has significant implications for estimating death rates and identifying human remains along the Arizona/Mexico border.     

In Situ Identification of Semen Stains on Common Substrates via Raman Spectroscopy,,

The spectroscopic identification of body fluids in situ is a major objective in forensic science. This approach offers the confirmatory, nondestructive, rapid, and on‐scene identification of various body fluids. Although Raman spectroscopy has shown tremendous promise toward this goal in prior proof‐of‐concept experiments, a significant challenge which still remains is substrate interference. Here, an approach for detecting semen stains in situ on various substrates using Raman spectroscopy is explored. Simulated semen evidence was prepared on skin, glass, and various fabrics. Raman data were accumulated from stains without any pretreatment using a common confocal mapping spectrometer using 785 nm laser excitation. The results demonstrate that the spectroscopic interferences encountered by substrates can be reduced and eliminated using a combination of existing subtraction techniques and chemometric models. Heterogeneous substrates proved most challenging, however, automatic subtraction treatment, and location of fluid hotspots was able to elucidate a clear spectroscopic signature of semen in every instance.