Unequivocal Victims: The Historical Roots of the Mystification of the Female Complainant in Rape Cases

Historically, numbers of women complainants in rape trials have been regarded suspiciously, or prejudiced in that their credibility has been seriously called into question, or undermined, both from within and outside the courtroom. Arguably, public and legal perceptions as to the expected conduct and behaviour of the stereotypical rape victim have been grounded in the belief that genuine women who allege rape should act and portray themselves as unequivocal victims. This suggests that the contemporary construct of the female rape victim and her associated stereotypical image should be considered not solely as a legal derivative but also within a wider cultural context. This article explores the historical influences that shaped the cultural construct operating in the U.K., in particular, the societal and legal attitudes of the mid-Victorians towards women and sexual violence, creating an historical mystification around the construct of the female rape victim and the crime of rape itself. Reference is made to a number of cases reported in The Times newspaper between 1850–1885 which underline the requisite portrayal of the rape complainant as an unequivocal victim. It is argued that the relocation of this historical and socially constructed mythological imaginary within the context of the law and the trial process has disproportionately contributed to the modern scepticism which surrounds the female complainant. This revised version was published online in July 2006 with corrections to the Cover Date.     

“Mitigating Instigation”: Cultural Phenomenological Influences of Anger and Fighting Among “Big-Boned” and “Baby-Faced” African American Youth

While the violent behavior of youth continues to strike fear in the hearts of American citizens, researchers still are unable to make sense of interpersonal and ecological cultural factors that mitigate anger acted out toward others and turned inward. A cultural phenomenological perspective was applied to investigate if self- and other-perceived physical maturity and racial socialization experiences were influential in the expressions of anger and aggression among African American youth. Cross-validation of self-reports of fighting variables was found. Results indicate that the initiation and frequency of fighting behavior is higher for boys, youth who look physically mature, who report lower levels of calamity fear, lower levels of racial socialization, higher levels of anger acting out, and lower levels of anger control. Racial socialization is proposed as 1 way to manage cultural ecological demands that may lead to the use of aggression. Implications for community psychological intervention of violence are proposed.     

Fatal Insulin Overdoses: Case Report and Update on Testing Methodology

Suicidal insulin overdoses are an under‐recognized and uncommon cause of death, often relying on scene and nonspecific autopsy findings. Here, we present a case report of a fatal exogenous insulin overdose in a patient with type 1 diabetes. In our case, there were no contributory autopsy findings; however, serum analog aspart insulin levels were c. 10× the predicted therapeutic upper limit (4000, reference 6.6–55 uU/mL), which correlated with scene findings. This was specifically determined by a newly developed immunocapture liquid chromatography–tandem mass spectrometry assay, able to discriminate between various synthetic insulin analogs. Total insulin levels by immunoassay were highly elevated on the Siemens Advia Centaur, but not the Roche platforms (4741 vs. 5.2 uU/mL, respectively), showing variable sensitivity of detection within the same analog depending on assay. We discuss the prevalence and features to look for at autopsy in these types of cases. Additionally, analytical options for testing insulin levels, including new methodologies, guidance on collection of samples, as well as an outline of available historical reference range data are discussed.     

From ‘Judicial Mind’ to ‘Democratic Soul’: Law and Politics on the Bureaucratic Frontline

This article considers the relationship between law and democratic politics as manifest in the practice of ‘street‐level bureaucracy’. By glancing back to debates about citizenship and public administration between the two world wars, it sets contemporary concerns about the political constitution in broader context. In doing so, it discloses a fundamental division between conceptions of the state derived from Roman jurisprudence on the one hand, and ancient Athenian political practice on the other. It finds in the tragic dilemmas posed for street‐level bureaucrats—by the competing claims on their values—a test of individual moral agency and of democracy as the management of diversity. It concludes that what is at stake in our estimation of street‐level bureaucracy is not so much the purity of the ‘judicial mind’ as the complexity of the ‘democratic soul’ and the ‘connected society’.     

Principles,patient welfare and the Adults with Incapacity (Scotland) Act 2000

The law surrounding decision-making for adults who lose their capacity varies considerably internationally. In many cases legislation has taken a protective and consequently restrictive role for adults with incapacity and often the issue of capacity assessment within the appropriate legal framework is circumvented. In Scotland, the introduction of the Adults with Incapacity (Scotland) Act 2000 modernised that nation's approach to incapable adults. This article describes briefly the pre-2000 Act situation in Scotland, discusses the main provisions of the Act, reviews the use of principles in incapacity legislation in Britain, and discusses issues relating to patient welfare. The use of principles to extend patient autonomy into incapacity is demonstrated and compared with the English and Welsh Mental Capacity Act 2005 (the 2005 Act) through a discussion of how the principles in each of those Acts promotes particular ideologies of decision making. Finally, the article examines recent Scottish case law relating to the 2000 Act and discusses how the courts are currently interpreting the principles of the Act.     

Corporations as Moral Agents: Trade-Offs in Criminal Liability and Human Rights for Corporations

This article argues that a common way of defending corporate criminal liability creates a dilemma: it provides a strong justification for giving human rights to corporations. This result follows from approaches to punishment and human rights which predicate each on the status of moral agency. In short, if corporations are moral agents in a sufficient sense to attract criminal liability, they are eligible holders of human rights. The article also discusses the doctrinal application of this philosophical claim. Drawing on US jurisprudence, it illustrates how the European Court of Human Rights might deploy corporate moral agency as a theoretical foundation for its otherwise weakly-reasoned attribution of human rights to corporations. If proponents of corporate criminal liability are dissatisfied with these conclusions, they face difficult policy trade-offs: they must abandon the doctrine, or adopt alternative approaches to punishment or human rights.     

Institutionalizing inequality in the courts: Decomposing racial and ethnic disparities in detention,conviction, and sentencing*

A significant body of literature has examined racial and ethnic inequalities in sentencing, focusing on how individual court actors make decisions, but fewer scholars have examined whether disparities are institutionalized through legal case factors. After finding racial and ethnic inequalities in pretrial detention, conviction, and incarceration based on 4 years of felony court data (N = 83,924) from Miami-Dade County, we estimate nonlinear decomposition models to examine how much of the inequalities are explained by differences in criminal history, charging, and for conviction and incarceration, pretrial detention. Results suggest that inequality is greatest between White non-Latinos and Black Latinos, followed by White non-Latinos and Black non-Latinos, ranging from 4 to more than 8 percentage points difference in the probability of pretrial detention, 7–13 points difference in conviction, 5–6 points in prison, and 4–10 points difference in jail. We find few differences between White non-Latinos and White Latinos. Between half and three-quarters of the inequality in pretrial detention, conviction, and prison sentences between White non-Latino and Black people is explained through legal case factors. Our findings indicate that inequality is, in part, institutionalized through legal case factors, suggesting these factors are not “race neutral” but instead racialized and contribute to inequalities in court outcomes.     

Bottom-up peacekeeping in southern Kyrgyzstan: how local actors managed to prevent the spread of violence from Osh/Jalal-Abad to Aravan,June 2010

In the aftermath of the June 2010 violence in southern Kyrgyzstan, much scholarly attention has focused on its causes. However, observers have taken little notice of the fact that while such urban areas as Osh, Jalal-Abad, and Bazar-Korgon were caught up in violence, some towns in southern Kyrgyzstan that were close to the conflict sites and had considerable conflict potential had managed to avoid the violence. Thus, while the question, “What were the causes of the June 2010 violence?” is important, we have few answers to the question, “Why did the conflict break out in some places but not others with similar conflict potential?” Located in the theoretical literature on “the local turn” within peacekeeping studies, this article is based on extensive empirical fieldwork to explore the local and micro-level dimensions of peacekeeping. It seeks to understand why and how local leaders and residents in some places in southern Kyrgyzstan managed to prevent the deadly clashes associated with Osh, Jalal-Abad, and Bazar-Korgon. The main focus of the project is on Aravan, a town with a mixed ethnic population where residents managed to avert interethnic clashes during the June 2010 unrest. The answers to the question of why violence did not occur can yield important lessons for conflict management not only for southern Kyrgyzstan, but also for the entire Central Asian region.