Thoughts about a model of constitutional articulation of the public power in the field of biomedical sciences]

This article analyses from a substantive and organizational point of view the current scope of competence of the Spanish public powers in the field of biomedical sciences. The general rule is established whereby the competence belongs to the State. The autonomous communities opt for silence, except for exceptional cases (Cantabria, Catalu?a, Madrid). Given this situation coupled with the lack of rulings by the Consitutional Tribunal on the possible conflicts that could arise between an autonomous community and the State in the field of biomedical sciences, Profesor Fonseca correctly concludes that there is a need to draft an express distribution of competences between the different public powers in this matter.     

Cyanide ingestion. Case studies of four suicides.

Deliberate ingestion of cyanides is relatively rare, as reflected in the Registrar General's figures. There are no pathognomonic specific autopsy findings and even the distinctive smell may be missed by some individuals. We present four cases of cyanide ingestion, one of which appears to be the first reported case of magnesium cyanide poisoning in humans. The problems involved in investigating deaths from cyanide ingestion are discussed.     

What's real in realism? What's construction in constructionism? The case of criminology

Résumé Les auteurs abordent, sous différents angles, l'opposition entre réalisme et constructionnisme, en criminologie. Ils soutiennent qu'il n'y a pas nécessairement de contradiction entre les approches qui, d'une part, étudient le crime comme une production socio-légale et, de l'autre, celles qui s'attardent sur la génèse des situations-problème. Les concepts traditionnels de crime et de déviance sont ici examinés, tout comme les critiques dont ilsont fait l'objet de la part des premiers constructionnistes et des criminologues “radicaux”. En s'appuyant sur l'étude de Veyne sur Foucault, ainsi que sur les Speech Acts de Searle les auteurs posent un regard critique sur la notion de crime en tant que production socio-légale. En conclusion, ils indiquent les différences, au plan épistémologique, qu'il convient de souligner entre les concept de crime et de déviance, et soutiennent qu'il n'y a pas d'équivalence nécessaire entre réalisme et positivisme, pas plus qu'entre constructionnisme et nominalisme ou idéalisme.      

Common law country update on international humanitarian law: annual update on national legislation, 2010

The article highlights the challenge before the courts to the decision of the parliamentary select committee to remove the former Chief Justice of Sri Lanka in January 2013. Parliament and the President proceeded with the impeachment and removal of the Chief Justice, despite court decisions, on the basis that this was a power specifically granted to the parliament under the constitution. The article examines how the legitimacy of impeachment proceedings of superior court judges can be ensured within the concept of the separation of powers without adversely impacting on the independence of the judiciary and the rule of law.     

Chemistry in crime investigation: sodium percarbonate effects on bloodstains detection

Chemistry plays a leading role in crime investigation. In the study of bloodstains, chemical reactions provide the means for the detection. All these procedures have been thoroughly studied. However, recently, a new source of error has been found: washing stains with "active oxygen" detergents abrogates presumptive and human hemoglobin tests for bloodstains (although visible). The aim of this investigation was to evaluate the ability of pure sodium percarbonate-main component of detergents-to abrogate presumptive and human hemoglobin tests. Then, a solution to this problem could be found. The results demonstrate that pure sodium percarbonate-itself-is able to abrogate all tests, as well as the different degrees to which each of them is affected by the product. Consequently, faced with a stain of bloody appearance, even the preliminary tests are negative; it is advisable to analyze the DNA. Otherwise, the opportunity of obtaining valuable information is lost.     

Adult Fanniidae associated to pig carcasses during the winter season in a semiarid environment: initial examination of their potential as complementary PMI indicators

Besides the dominant necrophagous dipteran of the families Sarcophagidae and Calliphoridae usually used for post mortem interval (PMI) estimations, species of other families such as Fanniidae have frequently been reported in forensic studies. Though less abundant, these species are prevalent in decomposing carcasses with most reports being anecdotal. In this study we identified adults of the fly family Fanniidae associated to pig carcasses located under different local environmental conditions (sun and shade) in a semiarid area at Mendoza, Argentina during the winter season. We examined the potential of species of this family as indicators of PMI by measuring abundance, time of occurrence and residency time at the carcasses. We identified six species of Fanniidae: Euryomma peregrinum Meigen, Fannia albitarsis Stein, Fannia femoralis Stein, Fannia fusconotata Rondani, Fannia heydenii Wiedemann and Fannia sanihue Domínguez and Aballay. Overall, fly abundance was higher at the sunlit than at the shaded carcass. The most abundant species at the sun was F. fusconotata while at the shaded carcass F. femoralis was the most abundant species. Based on their residency time, however, species with higher potential as PMI indicators seem to be F. heydenii and F. sanihue as their residency time at the carcass was restricted to a short period of the decomposition process. Other species were present throughout most of the decomposition process or in such a low abundance (E. peregrinum) that they were not useful as indicators. These preliminary results indicate that adults of some species of Fanniidae could act as a good complementary indicator species during the winter season. In particular, F. heydenii and F. sanihue should be the focus of further studies which should also expand to other seasons.     

Bite Mark Analysis in Foodstuffs and Inanimate Objects and the Underlying Proofs for Validity and Judicial Acceptance

Even though one of the first bite mark cases was Doyle v. State in 1954 (a bitten cheese case), the research has focused on bite marks inflicted in human skin. As published Papers, Case Reports, or Technical Notes can constitute precedents which are relied upon in making the legal arguments and a considerable amount of case law exists in this area, we present a systematic review on bite mark analysis in foodstuffs and inanimate objects and their underlying proofs for validity and judicial acceptance according to Daubert rulings. Results showed that there is vulnerability in these procedures, and it is essential to demand for focus scrutiny on the known error rates when such evidence is presented in trials. These kinds of bite marks are well documented; however, there has been little research in this field knowing that the protocols of analysis and comparison are the responsibility of the forensic odontologists.     

The Time of Law: Human rights between law and politics

This article discusses the presuppositions and consequences of different forms in which successive Chilean governments have tried to ‚come to terms’ with a legacy of terror usually designated as ‚human rights violations’. Thus a political strategy centred in a body like a truth and reconciliation commission is compared to a judicial strategy of individualising perpetrators and punishing them according to the rules and principles of normal criminal law. Having distinguished these strategies, the article maps them onto two conceptions of human rights: one political (constitutive of the political community) and one legal (grounding actionable claims against others). The thesis is then defended that law cannot grasp the political meaning of human rights, and thus cannot grasp the full political meaning of terror.This paper belongs to a broader research project funded by the Chilean fund for Scientific development, FONDECyT (Projecto 1010461).     

Cluster analysis of a forensic population with antisocial personality disorder regarding PCL-R scores: differentiation of two patterns of criminal profiles

Fifty six cases of a forensic population were submitted to a cluster analysis to observe the aglomerative behavior in relation to the total scores of the items comprising the PCL-R Psychopathy Checklist Revised [R.D. Hare, Manual for the Hare Psychopathy Checklist-Revised, Multi-Health System, Toronto, 1991]. The analysis indicated two independent types of antisocial personality disorders, not identified in the PCL-R in its standardized form, one of them being strongly associated with criminal conduct and the other with psychopathic personality. Such clusters were stable when the analysis was replicated with other hierarchical algorithms, and also, they were independently extracted via the k-means method without having previously fixed the value for k. One of the clusters concentrated the PCL-R highest scores, indicating that it is the prototypical psychopathic character determinant.