The lethal injection quandary: how medicine has dismantled the death penalty

On February 20, 2006, Michael Morales was hours away from execution in California when two anesthesiologists declined to participate in his lethal injection procedure, thereby halting all state executions. The events brought to the surface the long-running schism between law and medicine, raising the question of whether any beneficial connection between the professions ever existed in the execution context. History shows it seldom did. Decades of botched executions prove it. This Article examines how states ended up with such constitutionally vulnerable lethal injection procedures, suggesting that physician participation in executions, though looked upon with disdain, is more prevalent--and perhaps more necessary--than many would like to believe. The Article also reports the results of this author's unique nationwide study of lethal injection protocols and medical participation. The study demonstrates that states have continued to produce grossly inadequate protocols that severely restrict sufficient understanding of how executions are performed and heighten the likelihood of unconstitutionality. The analysis emphasizes in particular the utter lack of medical or scientific testing of lethal injection despite the early and continuous involvement of doctors but ongoing detachment of medical societies. Lastly, the Article discusses the legal developments that led up to the current rush of lethal injection lawsuits as well as the strong and rapid reverberations that followed, particularly with respect to medical involvement. This Article concludes with two recommendations. First, much like what occurred in this country when the first state switched to electrocution, there should be a nationwide study of proper lethal injection protocols. An independent commission consisting of a diverse group of qualified individuals, including medical personnel, should conduct a thorough assessment of lethal injection, especially the extent of physician participation. Second, this Article recommends that states take their execution procedures out of hiding. Such visibility would increase public scrutiny, thereby enhancing the likelihood of constitutional executions. By clarifying the standards used for determining what is constitutional in Baze v. Rees, the U.S. Supreme Court can then provide the kind of Eighth Amendment guidance states need to conduct humane lethal injections.     

Using Gas Chromatography with Ion Mobility Spectrometry to Resolve Explosive Compounds in the Presence of Interferents*

Abstract: Ion mobility spectrometry (IMS) is a valued field detection technology because of its speed and high sensitivity, but IMS cannot easily resolve analytes of interest within mixtures. Coupling gas chromatography (GC) to IMS adds a separation capability to resolve complex matrices. A GC‐IONSCAN^® operated in IMS and GC/IMS modes was evaluated with combinations of five explosives and four interferents. In 100 explosive/interferent combinations, IMS yielded 21 false positives while GC/IMS substantially reduced the occurrence of false positives to one. In addition, the results indicate that through redesign or modification of the preconcentrator there would be significant advantages to using GC/IMS, such as enhancement of the linear dynamic range (LDR) in some situations. By balancing sensitivity with LDR, GC/IMS could prove to be a very advantageous tool when addressing real world complex mixture situations.     

Religious Relations across the Taiwan Strait: Patterns,Alignments, and Political Effects

This study of Buddhist, Taoist, and Christian relations across the Taiwan Strait elicits three observations: (1) officials on both sides of the Strait are permitting increased cross-Strait religious interaction, but each side has different calculations for doing so; (2) each side uses religion as “soft power” to obtain its political objectives, but these low-key approaches are limited—for different reasons; and (3) even though cross-Strait religious ties are defined by the governments and religious organizations in Taiwan and China in cultural terms, they have significant political implications.     

Immigration and Justice: The Allocation of Goods to Newcomers from the (Former) Soviet Union in Israel1

This paper looks at ways in which notions of membership and of just allocation were articulated in the everyday practices of a voluntary organization set up in the early 1990s to distribute clothing and household goods to newcomers from the (former) Soviet Union in Israel. Based on an ethnographic account of the distribution centre, this paper describes its underpinning ideology and demonstrates the implications of this ideology for the rules governing the allocation of goods. The paper analyzes three inter‐related axes around which notions of rules of just allocation were equivocally interpreted and implemented. The first of these axes related to the discourse of justice deemed most appropriate to the newcomers; the second to the status of the newcomers; and the third to the creation of social categories—primarily defined in ethnic terms—and the hierarchical relationships between them.     

Can Twitter Add to Performance Evaluation in the Area of Performing Arts? Reflections from La Scala Opera House

ABSTRACT

Social media are continuously diffusing in performing arts organizations. Yet little is known on how social media data can contribute to the performing arts evaluation process. This article addresses this issue by investigating if and how Twitter data can add a valuable source of information to the performance evaluation process. A literature review with an empirical application on the evaluation of the performance Aida at Teatro Alla Scala provides evidence about the type of indicators that can be derived from Twitter and support a discussion about potentialities and pitfalls connected to their adoption for the evaluation of performing arts.     

Fear is a Disease: The Impact of Fear and Exposure to Infectious Disease on Correctional Officer Job Stress and Satisfaction

This study examined individual and work-level factors that impact job stress and satisfaction for correctional officers. Existing research has explored officer job stress and satisfaction, but very few studies have focused specifically on fear of contracting an infectious disease while at work (HIV/AIDS, hepatitis, and tuberculosis), and the impact fear of and exposure to infectious disease have on correctional officer job stress and satisfaction. Random sample data were collected from 2,999 male and female officers from across the state of Texas to assess job stress, satisfaction, personal safety, and exposure to infectious disease. Ordinary Least Squares analyses indicated that fear of disease was positively correlated with job stress, and inversely correlated with job satisfaction. Exposure to disease however, failed to yield any significant effects on job stress or satisfaction. Officers who felt that their supervisors were supportive of them on the job reported less stress and higher satisfaction levels, while perceived dangerousness of the job was positively correlated with job stress. These findings highlight the importance of supervisory support as well as continuous, in-depth education and training on infectious diseases for officers.     

Rape investigation and prosecution: Stuck in the mud?

Abstract

This paper evaluates the Stern Review of rape in the context of public responses to rape, in England and Wales. The piece is based on an anti-rape feminist approach and so weighs a woman-centred approach to rape responses against the mainstream justice model. Overall, the argument made is that nothing much is really changing in public responses to rape. The work outlines problems with the Stern contention that the conviction rates for rape need to be calculated differently, and takes issue with the claim that the “policies are right”. Stern's call for greater support for women who have been raped is welcomed, but the effectiveness of the review process itself is questioned. These discussions illustrate the process of attrition as it is variously understood by feminists and by Baroness Stern. It is suggested that reviews themselves may be little more than a dampener, brought in when claims for change create a need to be seen to be doing something. A preferred alternative might be some form of ongoing body, reviewing and challenging practice and policy; however, it is recognised that this could be difficult to achieve amid the current spending cuts. The paper then turns to evaluate trends in support for survivors and notes that the more “professional” models of the Sexual Assault Referral Centre and the Independent Sexual Violence Advisers have held sway for some time. However, under the new coalition, government funding is also being directed towards women-only Rape Crisis centres, and this move is warmly welcomed here. The work concludes that much does indeed remain the same, despite positive signs in terms of respect for this survivor-centred model.     

Rosemary west: Motives and meanings

Abstract

This article originally appeared in Trouble and Strife (Winter 1996/97, pp 44-52) and is reproduced, by kind permission of the original publishers, as Deborah Cameron's thought-provoking analysis of the Rosemary West case is felt to deserve a wider audience.

In the article, Deborah Cameron reports that feminists were mostly silent about the Rosemary West case in spite of having an analysis of sex crime, because female perpetrators of sexual murder seemingly did not fit that analysis. She argues, however, that female sexual murderers can be understood within a feminist framework. Identifying Rosemary West as one of only a handful of female sexual murderers, Cameron theorises that Rosemary and Fred West, like other sexual murderers, were constructing a form of identity based on sexual transgression and existential transcendence, perhaps as a strategy for dealing with their own history of abuse. What Cameron also provides us with is an explanation for why sexual murderers are overwhelmingly male, an analysis based on an understanding of the context of patriarchy.     

Book reviews

Making Sense in Law: Linguistic, Psychological and Semiotic Perspectives, BERNARD S. JACKSON Liverpool: Deborah Charles Publications 1995

Culture And Sexual Risk: Anthropological Perspectives On Aids, HAN T. BRUMMELHUIS &; GILBERT HERDT (Eds) Amsterdam: Gordon and Breach Publishers, 1995

Virtual Geography, MCKENZIE WARK, Bloomington: Indiana University Press, 1994