Judicial Exceptions to the Free Provision of Services

Abstract: Recent case-law of the Court of Justice on general interest exceptions to the free provision of services has indicated a flexible approach to general interest exceptions involving moral or ethical issues. In contrast, where the general interest exception is relied on in a case which demonstrates predominantly economic issues, it is subject to strict scrutiny, in particular, with reference to the principle of proportionality. The article analyses the Court's case-law and tries to deduce the criteria which now govern the Court's position. It also highlights difficulties which this two-tier approach may excite. The position of the Court of Justice reflects the lack of homogeneous European ethical and moral standards, but it also underlines the predominantly economic character of European integration to date. It is submitted, nevertheless, that divorcing the economic criteria for integration from general ethical considerations will prove an extremely difficult, if not fruitless, task.     

The historical roots and development of criminological statistics

The history of the development of criminological statistics must examine the emergence of social statistics in general. The theoretical concerns and technical questions raised by early criminologists cannot be isolated from the wider concerns of sociologists and statisticians at work in other fields. This article traces the history and problems of crime and justice statistics through the distinct periods: a “preparatory” phase (1650–1800),and a “conceptualization” phase (1800–1914). In addition, while specifically noting a dependent relationship with the fields of demography and statistics, the separation of criminological statistics as an automous area is considered. The use of criminal justice statistics for comparative and other purposes has come under considerable review and criticism during recent years, and an examination of historical sources and problems serves to increase the understanding and usefulness of these statistics today.     

Children, women, and substance abuse: a look at recovery in a communal setting

This study explored the sense of community among women (n = 21) and women with children (n = 30) living in Oxford Houses, with emphasis on how the presence of children might affect the household. Sense of community did not vary between participants with more or less than three months residence. Residents reported very high levels of satisfaction with the home, possibly because of a ceiling effect of little room for increases in their sense of community over time. Participants reported that they were getting along with the children in the home, that mothers could count on babysitting help, and that the children had a positive effect on the household and their own recovery process. This effect did not differ between mothers and non-mothers, suggesting that non-mothers might view the children in the home with a sense of responsibility and sensitivity comparable to that of the mothers. Implications are discussed.     

Probability of exclusion in paternity testing: time to reassess

The average exclusion probability is a measure of efficiency in paternity testing; it refers to the a priori ability of a battery of tests to detect paternity inconsistencies. This parameter measures the capacity of the system to detect a false accusation of paternity. Traditionally, this average exclusion probability has been estimated as the probability of excluding a man who is not the father by an inconsistency in at least one of the studied loci. We suggest that this criterion should be corrected, as currently the presumed father is excluded when at least three genetic inconsistencies are found with the child being tested, not just one. This change of criterion has occurred because of the use of microsatellite loci, whose mutation rates are much greater than those of the coding genes used previously in paternity studies. We propose the use of the average probability of exclusion for at least three loci (not only one), as an honest measure of the combined probability of exclusion of several loci, and we propose an algebraic expression to calculate it.     

Importance of radiological diagnosis applied to necroscopy

The authors evaluate the consequences of incomplete necroscopic examinations wherein it was impossible to apply radiological resources to locate firearm projectiles. The study includes 8185 reports from the Instituto Médico-Legal Afranio Peixoto in Rio de Janeiro, Brazil, representing the totality of corpses processed from January to December 2001; of these, 3122 were gunshot victims, 309 of which were buried with unremoved projectiles, being liable to future judicial reappraisal. During the same period, there were 23 exhumation requests by police authorities, 12 of them querying the existence of projectiles. The authors looked into the formal reasons assumed by the medico legal experts to conclude their reports from incomplete examinations, and suggest that gunshot necroscopic examinations should follow specific protocols, as incomplete autopsies will require further exhumations, at unnecessary additional costs.     

Analysis of STR loci in Cartagena, a Caribbean city of Colombia

Allele frequencies, together with some parameters of forensic interest were estimated for nine STRs included in the AmpF/STR Profiler kit (CSF1PO, D3S1358, D5S818, D7S820, D13S317, FGA, TH01, TPOX and vWA) in a sample of 215 unrelated individuals from Cartagena (Colombia). For all loci, no significant deviations from Hardy-Weinberg equilibrium were observed. Comparative analysis results between our data and those from other Colombian and African population samples revealed significant differences, except with two Colombian Caribbean Coast sub-regions.     

Solid-phase microextraction for the determination of cocaine and cocaethylene in human hair by gas chromatography-mass spectrometry

A method for the simultaneous determination of cocaine (COC) and cocaethylene (CE) in human hair was developed, using solid-phase microextraction (SPME) and gas chromatography-mass spectrometry (GC-MS) as analytical technique to identify and quantify the drugs. Selected ion monitoring (SIM) mode was used to obtain higher sensitivity. The deuterated-labeled analogues were used as internal standards. The detector response was linear for the drugs studied over the range 0.4-15 ng/mg, with correlation coefficients higher than 0.995. The coefficients of variation oscillated between 0.65% and 14.18% and the accuracy was in the range from 0.73% to 11.20%. The limits of quantitation and detection were found to be acceptable. Finally, this method was applied to 15 hair samples from cocaine users, obtaining positive results in all cases. The mean concentrations were 5.39 ng/mg (range: 0.43-8.98 ng/mg) for cocaine and 1.11 ng/mg (range: 0.42-2.23 ng/mg) for cocaethylene.