The Panama invasion and the laws of war

This article considers the conduct of armed parties in the invasion of Panama on 20 December 1989 by United States forces, in relation to the standards established by the international laws of war and the Geneva Conventions of 1949. The article confines itself to the conduct of US and Panamanian armed forces from the commencement of hostilities, and does not consider arguments for or against the invasion itself. The authors, on behalf of the US‐based Americas Watch, a human rights monitoring organization, visited Panama in January 1990, and collected information contained in the article. The article concludes that US forces failed in their Geneva Convention obligations with respect to the detentions of Panamanian POWs and civilians. It also concludes that US forces failed to exercise precautions to minimize collateral civilian casualties in the attack on the Panamanian military headquarters. It finds that Panamanian forces put non‐combatant civilians at risk by dressing in civilian clothes and firing from civilian‐occupied structures. It estimates the number of Panamanian civilian dead at approximately 300. The article further considers protection of human rights under the new Endara government, and the plight of refugees left homeless by the invasion.     

Problems and Prospects for the Convention on the Conservation of Antarctic Marine Living Resources Twenty Years On*

Abstract

Twenty years after its adoption, the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) remains unique among fisheries agreements in its declared commitment to considering the impact of existing or proposed fisheries on the entire ecosystem, rather than on just the harvested species. However, the recent picture of fisheries activities within the Convention area suggests a substantial ‐ and perhaps widening ‐ gap between theory and practice. The fishery that has most clearly proven beyond CCAMLR's capacity, and which has resulted in the most significant damage to the Antarctic environment in modern times is that for Patagonian Toothfish, Dissostichus eleginoides. That fishery is discussed in more detail below. The roots of that problem in conjunction with structural problems that have contributed to CCAMLR's inability to deal with the toothfish challenge threaten to be repeated in the second‐generation krill fishery that is rapidly developing in Antarctic waters. The authors provide suggestions for structural and procedural changes within CCAMLR to permit it to effectively manage the marine living resources of the Southern Ocean.     

Seasonal Variation of Carcass Decomposition and Gravesoil Chemistry in a Cold (Dfa) Climate

It is well known that temperature significantly affects corpse decomposition. Yet relatively few taphonomy studies investigate the effects of seasonality on decomposition. Here, we propose the use of the Köppen‐Geiger climate classification system and describe the decomposition of swine (Sus scrofa domesticus) carcasses during the summer and winter near Lincoln, Nebraska, USA. Decomposition was scored, and gravesoil chemistry (total carbon, total nitrogen, ninhydrin‐reactive nitrogen, ammonium, nitrate, and soil pH) was assessed. Gross carcass decomposition in summer was three to seven times greater than in winter. Initial significant changes in gravesoil chemistry occurred following approximately 320 accumulated degree days, regardless of season. Furthermore, significant (p < 0.05) correlations were observed between ammonium and pH (positive correlation) and between nitrate and pH (negative correlation). We hope that future decomposition studies employ the Köppen‐Geiger climate classification system to understand the seasonality of corpse decomposition, to validate taphonomic methods, and to facilitate cross‐climate comparisons of carcass decomposition.     

The Role of School-Related Bonding Factors and Gender: Correlates of Gang Membership Among Adolescents

In the past several decades both the education and criminology literatures have examined the influence of school factors on the attitudes and behaviors of adolescents. This literature shows that school-related factors, especially those related to social bonding, are relevant to explaining delinquent behavior. This research examines the efficacy of school-related bonding factors in explaining gang membership. In addition, it examines whether these bonding factors differentially explain male and female gang membership. The results show that delinquent involvement is the strongest predictor of gang membership among middle school children. Although several bonding variables are related to gang membership, their influence is very weak. In addition, we do not find support for the hypothesis that these variables differentially explain male and female gang membership. Implications and suggestions for future research are discussed.     

Overkill? An Examination of Comparatively Excessive Death Sentences in North Carolina, 1990–2010

This study examines death/life capital sentences in one southern state, North Carolina, during the period 1990 to 2010 to determine the extent to which they are comparatively excessive/lenient. The study employs data derived from a variety of official sources on the population of capital trials in the state during this timeframe and follows the analytic techniques developed by David Baldus and his colleagues and by Paternoster and Kazyaka in their studies of comparative excessiveness in capital sentencing in California, Georgia, and South Carolina, respectively. The results show a substantial number of death sentences that meet the standard for excessiveness, but the data also show a nearly equal number of life sentences that may be deemed too lenient. The implications of these findings are discussed.     

Distress Tolerance and Intimate Partner Violence among Men in Substance Use Treatment

Intimate partner violence (IPV) is overrepresented among men in substance use treatment. Individuals who relapse following substance use treatment report greater IPV perpetration relative to individuals who remain remitted. In addition, distress tolerance has been shown to be an important treatment target in substance use treatment, with distress tolerance predicting relapse following treatment. However, we are unaware of any research that has examined the relationship between distress tolerance and IPV among men in substance use treatment, which may hold important treatment implications. The current study therefore examined this relationship in a sample of men in substance use treatment (N = 138). Results demonstrated that distress tolerance was negatively associated with physical and psychological IPV perpetration. After controlling for age and substance use and problems, distress tolerance remained associated with psychological, but not physical, IPV perpetration. These findings suggest that distress tolerance may be an important component of treatments for IPV, particularly for psychological aggression. Substance use treatment programs that target distress tolerance may concurrently reduce the risk for relapse to substance use and IPV perpetration.     

Public Interest Law Organizations and the Two‐Tier System of Access to Justice in the United States

Public interest law organizations (PILOs) are important institutions for providing access to justice in the United States. How have political, economic, and institutional factors shaped PILOs? How do PILOs vary in the services they offer and in their geographical location relative to poverty and population in the United States? This article investigates these questions by combining original survey data from a representative sample of public interest law organizations with GIS data on population and poverty. We find that the presence of a PILO is positively related to political progressiveness and population at the county level, but negatively related to the concentration of poverty. Our analysis reveals a two‐tier system of public interest representation in which national organizations engage in a variety of social change strategies, whereas local and regional organizations utilize more limited strategies and depend more on governmental funding. These patterns have implications for access to justice in the United States today.     

The Price of Justice: New National and State-Level Estimates of the Judicial and Legal Costs of Crime to Taxpayers

Programs that prevent crime cost money. In order to efficiently allocate these limited funds, we need to know how much people benefit from crime prevention. While there are some comprehensive estimates of the cost of (or benefits of avoiding) crime to victims and to society at large, we have very limited crime-specific information on the legal system resources that would be freed up for other purposes across states. Using a Monte Carlo simulation approach to take into account uncertainty in the data, this study finds the national average costs to taxpayers for judicial/legal services per reported crime are likely around the following (in 2010 dollars): $22,000–$44,000 (homicide), $2000–$5000 (rape and sexual assault), $600–$1300 (robbery), $800–$2100 (aggravated assault), $200–$600 (burglary), $300–$600 (larceny/theft), and $200–$400 (motor vehicle theft). At a state-level, the costs of crime are 50 % to 70 % more or less than these national averages depending on the crime type and state. These estimates can be used to understand the level of resources spent per crime and the potential legal resources freed up for a change in reported crime rates; they are not a measure of waste or efficiency, but it is hoped this study contributes to this debate.     

Colonialism and the health transition: Aboriginal Australians and poor whites compared, Victoria, 1850–1985

This paper presents the results of the first two longitudinal historical cradle-to-grave datasets constructed in Australia: the Aboriginal population of the state of Victoria, reconstituted backwards using genealogical research and vital registrations, 1835–1930; and an impoverished European population born at the Melbourne Lying-In Hospital, 1857–1900 and traced until 1985. It investigates the hypothesis that the health transition in indigenous people was different from that of the dominant non-indigenous population. Both of these studied sub-populations were highly stressed, resulting in high infant mortality and persistent tuberculosis mortality. The Aboriginal population suffered the additional burdens of racism and social exclusion, even though after the passage of the 1886 ‘Half-Castes Act’, the majority of Aboriginal Victorians were legally ‘white’. The impact of that legislation and the systematic exclusion of Aboriginal Victorians from federal entitlements in the twentieth century sent the Aboriginal health transition into reverse. The contrasting fates of poor whites and ‘unofficial blacks’ during the health transition demonstrate the health burdens of inequality and racial discrimination, and reveal that ‘the gap’ in life expectancy between Indigenous and non-Indigenous Australians is a historical product of long-term government policy and exclusion from citizenship and its entitlements.