Forensic DNA evidence and the death penalty in the Philippines

The death penalty remains a contentious issue even though it has been abolished in countries such as Australia, New Zealand, Canada, European Union member nations and some Asian countries such as Cambodia, East Timor and Nepal. Many argue that the irrevocability of the death penalty, in the face of potential erroneous convictions, can never justify its imposition. The Philippines, the first Asian country that abolished the death penalty in 1987, held the record for the most number of mandatory death offenses (30 offenses) and death eligible offenses (22 offenses) after it was re-imposed in 1994. Majority of death penalty convictions were decided based on testimonial evidence. While such cases undergo automatic review by the Supreme Court, the appellate process in the Philippines is not structured to accept post-conviction evidence, including DNA evidence.Because of the compelling nature of post-conviction DNA evidence in overturning death penalty convictions in the United States, different groups advocated its use in the Philippines. In one such case, People v Reynaldo de Villa, the defendant was charged with raping his 13-year-old niece that supposedly led to birth of a female child, a situation commonly known as ‘criminal paternity’. This paper reports the results of the first post-conviction DNA test using 16 Short Tandem Repeat (STR) DNA markers in a criminal paternity case (People v Reynaldo de Villa) and discusses the implications of these results in the Philippine criminal justice system.     

Bellamy on Dirty Hands and Lesser Evils: A Response

This article offers a response to Alex Bellamy's article 'Dirty Hands and Lesser Evils in the War on Terror'. It outlines deep errors in his claims about 'dirty hands' and 'lesser evils'. Essentially, these errors result from his failure to grapple with the complexity of dirty hands theory, coupled with his uncritical acceptance that dirty hands scenarios are essentially defined as a clash between a public and private morality. Furthermore, we argue that Bellamy's distinction between 'dirty hands' and 'lesser evils' is a spurious one since all dirty hands cases require a choice between lesser evils. In addition, we reject his claim that dirty hands makes no political sense. For illustrative purposes, we then briefly examine one problematic philosophical issue which needs attention if the notion of dirty hands is to be taken seriously. Finally, we demonstrate the usefulness of the concept of dirty hands by applying it to the issue of torture in the so-called 'war on terror'.     

Migrants’ inhabiting through commoning and state enclosures. A postface

ABSTRACT

In this paper, I deploy the framework of commons as social systems which I have developed in my last book Omnia Sunt Communia to interpret the debate developed in this issue, enquire on the relationship between commons and citizenship, and ground the question of migrants’ inhabiting on the theory of commoning.     

The Objectivity of Beliefs,Reasonable Disagreement and Political Deliberation

This paper is part of a broader argument that seeks to offer a justification for political authority. It aims to investigate the role of truth in political argument and to place the problem of reasonable disagreement. The argument focuses on the possibility of political deliberation, that figures as a stage of political decision‐making. It has to do with a confrontation between incompatible substantive beliefs which, however, all seem to be reasonable. How can citizens holding incompatible beliefs engage in an enterprise of justifying them to one another? That is the question.     

The Political Consequences of Self-Insurance: Evidence from Central-Eastern Europe,the Caucasus and Central Asia

Political Behavior - Does self-insurance, such as access to savings or assets, affect support for government? While existing research recognizes that households’ ability to privately manage...     

The paradox of collective action: Linking interest aggregation and interest articulation in EU legislative lobbying

Olson's logic of collective action predicts that business interest associations face fewer collective action problems than citizen action groups. This article challenges this assumption by arguing that forming an organization comes with different collective action problems than voicing a joint policy position. This leads us to examine an important paradox: Citizen groups face challenges in establishing themselves as organizations but find it relatively easy to position themselves on policy issues, whereas the reverse is true for business associations. We study this paradox empirically based on interviews with spokespersons of interest organizations active in the European Union and find support for our hypotheses. Our findings demonstrate that citizen groups position themselves on policy issues more easily than business interests and that this competitive advantage is amplified when policy issues attract the attention of the media.     

Death secondary to a donkey's bites

We present a unique case of death due to the assault and bites of a donkey on a 65-year-old man. The farmer, found dead in his farmyard, had a very deep wound in the anterior region of the neck, with a sharp transection of the trachea and severe bleeding by several minor vessels wall disruptions. The cause of death was established to be massive bleeding combined with asphyxia due to aspiration of the blood. Moreover, multiple contusions with associated skin abrasions and perforations were present. The general impression of the injuries was consistent with an animal's bite marks. Herbivorous or omnivorous bite attacks on humans are rare; instead, these animals attack by kicking, trampling, and kneeling, resulting in secondary blunt injuries. The donkey is usually a docile animal, but its behavior can be aggressive during the mating season, and the possibility of biting should not be underestimated, as illustrated by the 2 cases published previously as well as by the case presented here.