Diminished responsibility: the difference it makes

Should there be a defence of diminished responsibility after the mandatory life sentence for murder has been abolished? This is the main question posed in this article, on the basis of a review of the central features of the defence and its surrounding forensic context. The views of the defence taken by the Law Reform Commissions of New South Wales and New Zealand are then compared. In conclusion, it is argued that opinions about the continuing validity of the defence of diminished responsibility are bound to be influenced by wider positions taken on the value of rules, as opposed to discretion, in the criminal law.     

Human herpesvirus-6 and sudden death in infancy: report of a case and review of the literature

Investigation of sudden death in infancy is a vital function of the medical examiner's office. Surveillance of these cases may lead to recognition of new diseases or new manifestations of previously described diseases. Human herpesvirus-6 (HHV-6) is a relatively newly described virus that has been recognized as a cause of acute febrile illness in early childhood. While most cases are apparently self-limited, seven fatal cases have been reported. We present a case of a seven-month-old Latin American male with recent otitis media and vomiting who was found dead in bed. Autopsy revealed interstitial pneumonitis with an atypical polymorphous lymphocytic infiltrate in the liver, kidney, heart, spleen, lymph nodes, and bone marrow, associated with erythrophagocytosis. Polymerase chain reaction (PCR) analysis of formalin-fixed paraffin-embedded tissue was positive for HHV-6 and negative for Epstein-Barr virus (EBV) and cytomegalovirus (CMV). HHV-6 was also detected in the atypical lymphoid infiltrate by in-situ hybridization.     

Book reviews

Karl‐Eugen Wädekin, Sozialistische Agrarpolitik in Osteuropa. II. Entwicklung und Probleme. 1960–1976. Berlin: Duncker & Humblot, 1978. 338 pp. DM62.

Peter Vanneman, The Supreme Soviet: Politics and the Legislative Process in the Soviet Political System. Durham, North Carolina: Duke University Press, 1977. xii + 256 pp. $11.75.

I. S. Koropeckyj (ed.). The Ukraine within the USSR: An Economic Balance Sheet. New York: Praeger Publishers, and London: Martin Robertson, 1977. xxi +316 pp. £14.85.

Dorothy Atkinson, Alexander Dallin, Gail Warshofsky Lapidus (eds.), Women in Russia. Hassocks, Sussex: Harvester Press, 1978. viii+410 pp. £11.50.

J. Wilczynski, Comparative Monetary Economics. London: Macmillan, 1978. x + 270 pp. £12.00.

David Turnock, Eastern Europe Studies in Industrial Geography. Kent: Dawson Publishing/Westview Press, 1978. xi+273 pp. £9.50.

Edward Allworth (ed.), Nationality Group Survival in Multi‐Ethnic States: Shifting Support Patterns in the Soviet Baltic Region. New York: Praeger Publishers, and London: Martin Robertson, 1977. xiv + 299 pp. £14.40.

Robert Conquest, Kolyma—the Arctic Death Camps. London: Macmillan, 1978. 256 pp. £6.95.

Vladimir G. Treml (ed.), Studies in Soviet Input‐Output Analysis. New York: Praeger Publishers, and London: Martin Robertson, 1977. xx + 448 pp.

Richard Hennessy, The Agrarian Question in Russia 1905–1907. The Inception of the Stolypin Reform. (Marburger Abhandlungen zur Geschichte und Kultur Osteuropas, Band 16.) Giessen: Wilhelm Schmitz Verlag, 1977. 203 pp.     

Training young americans for the new-manufacturing jobs

Articles

Training young americans for the new-manufacturing jobs     

Value Conflict, Group Affect, and the Issue of Campaign Finance

The issue of campaign finance reform creates a potential conflict between the democratic values of expression and equality. Using a unique experiment embedded in a national survey of the American electorate, we examine the extent to which group affect influences citizens' commitment to these values and how it contributes to the resolution of value conflict. We find that citizens' commitment to the values of expression and equality in the campaign finance system is structured by their feelings toward those whose rights and influence are perceived to be at stake. Our analysis further shows that the effects of group affect are conditioned by issue frame. The effects of group affect are less pronounced when campaign finance is framed as an issue of political expression and rights than when it is framed in terms of political equality and influence. Finally, we find that affective information contributes to the resolution of value conflict by helping citizens to make tradeoffs between competing values in judgment situations.     

Unlocking the Alienation: A Comparative Role for Alien Torts Legislation in Post-colonial Reparations Claims?

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian Prime Minister’s formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted.