Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

An Ever-Shadowed Past? Citizens’ Attitudes towards the Dictatorship in Twenty-First Century Portugal

Abstract

Several years after the transition to democracy, positive attitudes towards the authoritarian past are still observable in Portugal: the belief that the previous regime had more good things than bad things is expressed by about one-fifth of the Portuguese. What explains this nostalgic sentiment? Are factors such as socialisation under the regime, party identification or religiosity more important than satisfaction with democracy and the state of the economy? The empirical analysis suggests that the relevance of these factors varies considerably, but socialisation phases lead to different stances on the past both in routine times and in times of economic crisis.     

Portuguese Democratisation 40 Years on: Its Meaning and Enduring Legacies

Abstract

On the fortieth anniversary of the Carnation Revolution, it is pertinent to ask how Portuguese citizens understand their transition to democracy. In this article, some of the main findings concerning the meanings and legacies of 25 April 1974 are presented, drawing on the findings of two surveys focusing on Portuguese attitudes towards 25 April and fielded in 2004 and 2014, respectively, to a representative sample of the Portuguese population. Here we focus on the degree to which the transition is viewed positively and its social and economic legacies. In the final sections, the main findings of the articles in this special issue are discussed through a presentation of the main questions they answer and the new ones they raise.     

The institutionalisation of the Brazilian Chamber of Deputies

ABSTRACT

This article analyses the institutional development of the Brazilian Chamber of Deputies (BCD) from 1826 to the present. Legislature careers, the internal organisation of the BCD, the current system for filling positions within the committees and electoral rules are the objects of this study. The process of development of the BCD should be understood in light of the dynamics of the Brazilian political system, which has undergone significant ruptures of regime, and also in light of the nearly permanent fragility of the democracy, especially of its representative components. It is an institution with legislature career patterns that vary through time, but always point towards opportunities out of the BCD, a stable, hierarchical and complex mode of organisation that currently values parties as distributors of opportunities. It is, above all, an institution that is subject to external influences from other parts of the political system, which diminish its autonomy and self-determination, as shown by the example of the rule for the adjudication of terms. With its 190 years, the BCD has evolved along with Brazilian democracy and today, although boasting a great structure and large resources, it still needs to establish itself as a decisive and permanent actor in driving public policies and communication (parties and government projects) with voters.     

Which Cosmopolitanism? Whose Empire? Or Why the Schmittian Charge of “Liberal Imperialism” is Only Half Right

This article examines the Schmittian-inspired charge that liberalism is intrinsically imperialistic and that it dehumanises alternative illiberal political projects in ways that lead to disproportionate and indiscriminate violence. It focuses specifically on the charge that the US war on terror is the latest manifestation of this kind of liberal imperialism. Such an argument only makes sense when liberalism is combined with exclusionary modes of nationalism and realism. This synthesis underpins the “hard Wilsonianism” of American neoconservatism. The article argues that the Schmittian-inspired charge of imperialism cannot be properly directed at the more inclusionary cosmopolitan forms of liberalism, which is illustrated with reference to the Rome Statute of the International Criminal Court.     

Can analysis of a small clod of soil help to solve a murder case?

Soil forensics utilizes extensive soil information to answer legal questions and test hypotheses. The main difficulty often is the determination of different variables from a small amount of soil sample collected on the suspect. We developed a sequential mineralogical and chemical analyses to assess a limited quantity of soil vestiges (0.5 g) from a suspect's vehicle (adhered to the outside rear-view mirror and to the left front fender) involved in a murder case and compared them with the surface samples found at the victim's body disposal site at the Graciosa Road, Paraná State, Brazil. All results affirm that the suspect’s vehicle could have been in contact with the edge of the Graciosa Road, approximately the place where the victim’s body was located. As a result of the soil analysis and comparison, the results support the likely contact of the suspect’s vehicle with the crime scene.     

The Use of Laser Microdissection in Forensic Sexual Assault Casework: Pros and Cons Compared to Standard Methods

Sexual assault samples are among the most frequently analyzed in a forensic laboratory. These account for almost half of all samples processed routinely, and a large portion of these cases remain unsolved. These samples often pose problems to traditional analytic methods of identification because they consist most frequently of cell mixtures from at least two contributors: the victim (usually female) and the perpetrator (usually male). In this study, we propose the use of current preliminary testing for sperm detection in order to determine the chances of success when faced with samples which can be good candidates to undergo analysis with the laser microdissection technology. Also, we used laser microdissection technology to capture fluorescently stained cells of interest differentiated by gender. Collected materials were then used for DNA genotyping with commercially available amplification kits such as Minifiler, Identifiler Plus, NGM, and Y‐Filer. Both the methodology and the quality of the results were evaluated to assess the pros and cons of laser microdissection compared with standard methods. Overall, the combination of fluorescent staining combined with the Minifiler amplification kit provided the best results for autosomal markers, whereas the Y‐Filer kit returned the expected results regardless of the used method.     

Using Cluster Analysis and ICP‐MS to Identify Groups of Ecstasy Tablets in Sao Paulo State,Brazil

The variations found in the elemental composition in ecstasy samples result in spectral profiles with useful information for data analysis, and cluster analysis of these profiles can help uncover different categories of the drug. We provide a cluster analysis of ecstasy tablets based on their elemental composition. Twenty‐five elements were determined by ICP‐MS in tablets apprehended by Sao Paulo's State Police, Brazil. We employ the K‐means clustering algorithm along with C4.5 decision tree to help us interpret the clustering results. We found a better number of two clusters within the data, which can refer to the approximated number of sources of the drug which supply the cities of seizures. The C4.5 model was capable of differentiating the ecstasy samples from the two clusters with high prediction accuracy using the leave‐one‐out cross‐validation. The model used only Nd, Ni, and Pb concentration values in the classification of the samples.