Response to Tudor: Remorse-based Sentence Reductions in Theory and Practice

Steven Tudor defends the mitigation of criminal sentences in cases in which offenders are genuinely remorseful for their crimes. More than this, he takes the principle that such remorse-based sentence reductions are appropriate to be a ‘well-settled legal principle’—so well settled, in fact, that ‘it is among those deep-seated commitments which can serve to test general theories as much as they are tested by them’. However, his account of why remorse should reduce punishment is strongly philosophical in character. He sets to one side the many practical difficulties in implementing such reductions in the real world of criminal justice institutions so that he can focus on the question of whether a plausible account of sentencing can show that remorse should mitigate punishment. I contend that Tudor’s defense of such reductions is unpersuasive in certain respects. Yet even if it can be made more persuasive, I argue that the conditions that would have to be satisfied for remorse-based sentence reductions to be justifiably implemented are so many and various that they would likely exceed our abilities to responsibly grant them in real world legal contexts. I therefore claim that Tudor has failed to provide a defense of the ‘remorse principle’ that serves to explain or justify existing legal practices.

Analysis of age-at-death estimation through the use of pubic symphyseal data

The question of whether age parameters derived from an American population will reliably estimate age-at-death for East European skeletal populations is important since the ability to accurately estimate an individual's age-at-death hinges on what standard is used. A reference sample of identified individuals with known ages-at-death from the regions of the Former Yugoslavia (n = 861) is used to determine the age structure of victims and serves as the prior in the Bayesian analysis. Pubic symphyseal data in the manners of Todd (Am J Phys Anthropol, 3 [1920], 285; Am J Phys Anthropol, 4 [1921], 1) and Suchey-Brooks (Am J Phys Anthropol, 80 [1986], 167) were collected for n = 296 Balkan males and females and for n = 2078 American males and females. An analysis of deviance is calculated using an improvement chi-square to test for population variation in the aging processes of American and East European populations using proportional odds probit regression. When males and females are treated separately, there is a significant association among females and the population (df = 1, chi-square likelihood ratio = 15.071, p = 0.001). New age estimates for Balkan populations are provided and are based on the calculated age distribution from the Gompertz-Makeham hazard analysis and the ages-of-transition. To estimate the age-at-death for an individual, the highest posterior density regions for each symphyseal phase are provided.     

Do drug users use less alcohol than non-drug users? A comparison of ethyl glucuronide concentrations in hair between the two groups in medico-legal cases

Two groups were selected from the remainder of hair samples that had been tested for drugs at TrichoTech for medico-legal cases: samples that tested negative (drug-negative group; N=42, age 33.4+/-7.2 years) and samples that tested positive for drugs (drug-positive group; N=57, age 32.5+/-8.8 years). A rapid, simple method to detect the ethanol metabolite, ethyl glucuronide (EtG) in hair has been developed. The hair samples were sectioned, and then submitted to overnight sonication in water. Samples then underwent SPE using anion exchange cartridges, followed by derivatisation with N,O-bis[trimethylsilyl]trifluoroacetamide (BSTFA), before confirmation by GC-MS/MS. The assay produced excellent linearity and sensitivity over the calibration range 0.02-1.0 ng/mg, assuming a 10 mg hair sample. The mean age of the two groups was not statistically different (p=0.575, Student t-test), indicating a homogeneous group. Twelve of the 57 (21.0%) hair samples of the drug-positive group tested positive for EtG, and 17 of the 42 (40.5%) hair samples of the drug-negative group tested positive for EtG. The mean concentration of EtG in the drug-positive group was 0.011 ng/mg compared to 0.107 ng/mg in the drug-negative group. When the full results of this study were subjected to statistical analysis it was shown that EtG levels in the drug-negative group were statistically higher than those found in the drug-positive group (p<0.05). This preliminary finding may be of use in the study of addiction and adds valuable data to previous studies regarding the use of EtG as a valuable marker for alcohol levels in hair.     

The European Biotech Directive: Past as Prologue

The directive on the legal protection of biotechnological inventions (the ‘Biotech Directive’) represents the end of a decade‐long dialogue on how best to encourage biotechnology innovation in Europe while addressing ethical concerns. The Biotech Directive represents an interesting compromise between Parliament, Commission, and Council based on divergent policy concerns, treaty limitations, and international trade rules. In this article, the authors explore the meaning and implication of the Biotech Directive by examining its contentious history, its provisions, and its jurisdictional foundations. Drawing on this base, the authors examine questions left unanswered by the Biotech Directive and analyse how the Biotech Directive fits in with existing international law.     

Editorial

International Environmental Agreements: Politics, Law and Economics -     

Barriers Inhibiting Industry from Partnering with Universities: Evidence from the Advanced Technology Program

This paper describes a small, unique set of project data that was assembled as part of a larger study on universities as research partners. Herein, we summarize, to the extent possible, our interpretation of what the project data reveal about barriers, intellectual property (IP) concerns in particular, inhibiting industry from partnering with universities.     

The Economic Evaluation of Policing Activity: An Application of a Hybrid Methodology

This paper advances a hybrid police cost function that synthesises the proactive/preventive and response/reactive methodologies from the criminology literature. The model presents a coherent estimation process that can help in the allocation of scarce resources to police forces and also enable economists, government organisations and criminologists to assess the scale and technical efficiency of forces. This hybrid model uses response survey data for a sample of English and Welsh police forces in which relative efficiency rankings are contrasted with relative performance measures produced by the Audit Commission. We find that there are considerable divergences in police force's scale and technical efficiency during 1997/98 and 1998/99 utilising non-parametric techniques.