The Declaration of War in the Dutch Constitution and Models of Legal Communication

Models of communication,frequently used in legal semiotics, offer ananalytic framework for the relationship betweenlegal rules on the one hand and correspondingsocial behaviour on the other. Semiotic modelsseek to clarify (un)successful legalcommunication; they try to reveal the processesof interpretation and sense construction. Inthis paper, these processes are described,taking Article 96 of the Dutch Constitution asan example. Although the text of Article 96 hasremained nearly unchanged, its substantivemeaning has changed fundamentally. Thebackground and development of the `declarationof war', as laid down in Article 96, areanalysed and fully elaborated. It is concludedthat the classical models of communication,largely based upon the idea of the existence ofa linear relationship between rule and conduct,hardly correspond with the complex processes asdescribed in the analysis of Article96 Communication between rule and practice isobviously more than a one-waycausality, in which rule information `flows'from sender (legislator) to receiver (citizen).The institutional model of communication,developed by Ruiter, offers a different approach.The institutional model is based on the notionof law as `institutional landscaping';realisation depends on common beliefs andgeneral acceptance. The influence of the socialpractice on the meaning of legal rules becomesan important factor. The institutional theoryseems to offer a more adequate model for thecomplex reality of legal communication.     

An integrated technique for the analysis of skin bite marks

The high number of murder, rape, and child abuse cases in South Africa has led to increased numbers of bite mark cases being heard in high courts. Objective analysis to match perpetrators to bite marks at crime scenes must be able to withstand vigorous cross-examination to be of value in conviction of perpetrators. An analysis technique is described in four stages, namely determination of the mark to be a human bite mark, pattern association analysis, metric analysis and comparison with the population data, and illustrated by a real case study. New and accepted techniques are combined to determine the likelihood ratio of guilt expressed as one of a range of conclusions described in the paper. Each stage of the analysis adds to the confirmation (or rejection) of concordance between the dental features present on the victim and the dentition of the suspect. The results illustrate identification to a high degree of certainty.     

Assessment of violence risk in youth for juvenile court: relevant factors for clinical judgment

BACKGROUND: Assessment of violence risk in youth for juvenile court needs to be improved. AIM: To determine which items of the Structured Assessment of Violence Risk in Youth (SAVRY) are recorded in pre-trial mental health evaluations and which of these items are associated with the clinical judgment of the risk of violent recidivism. METHOD: A total of one hundred forensic diagnostic juvenile court files were rated with regard to the presence or absence of the thirty SAVRY risk items: ten historical, six contextual and eight individual items, and six protective items. Univariate and multivariate logistic regression analysis were used to examine the relationship between SAVRY risk items and the clinical judgment of violence risk. RESULTS: Most SAVRY-items had been recorded in the files. However, five historical items and the contextual item 'rejection by peers' did not appear in 25-62% of the files. Especially SAVRY items like 'negative-attitudes' and 'psychopathic traits' were the most powerful predictors for clinical judgment of high violence risk. Unexpectedly, historical items played a minor role in clinical judgment. CONCLUSION: Prospective research is needed with the use of SAVRY-items to improve evidence based violence risk assessment in court ordered mental health evaluations of youngsters.     

Martyrs for Free Speech? Disentangling the Effects of Legal Prosecution of Anti-immigration Politicians on their Electoral Support

Political Behavior - Several anti-immigration politicians in Europe have been prosecuted for hate speech; some of these trials were highly mediatized. To what extent, and how, does hate speech...     

Regulatory disempowerment: How enabling and controlling forms of power obstruct citizen-based regulation

Regulatory studies assume that citizens can act as regulators to complement or correct failing state and market forms of regulation. Yet, there is a growing literature that shows that in reality citizens may fail to be effective regulators. This paper systematically analyses how power inequalities obstruct citizens in their regulatory roles. It compares four case studies with highly different social and political contexts but with similar outcomes of citizens failing to regulate risk. The case studies are analyzed by operationalizing sociological and political science ideas about manifestations of enabling and controlling forms of power in order to understand the way power inequalities obstruct citizens in their regulatory roles across diverse contexts. The article shows how citizens, from farmers and manual workers in both authoritarian developing and democratic developed contexts to even highly trained medical professionals from the US, have limited agency and are disempowered to act as regulators. Our analysis reveals that five patterns of disempowerment play a crucial role in obstructing successful society-based regulation: (i) dependency, (ii) capacity, (iii) social hierarchy, (iv) discursive framing, and (v) perverse effects of legal rights.     

Methamphetamine and alcohol detection in vehicle-driver fatalities in South Australia: A 10-year survey (2008–2018)

Motor vehicle driver fatalities (≥18 years) from the files at Forensic Science South Australia were reviewed from January 2008 to December 2018 for cases in which either positive blood sample for methamphetamine (MA) or an illegal blood alcohol concentration (BAC) >0.05g/100 ml were found. Three hundred driver deaths were found with MA detected in 28 cases (age range 21–62 years; ave. 37.8 years; M:F 23:5). Hundred and fifteen cases with a BAC > 0.05 g/100 ml were identified (age range 18–67 years; ave 35.7 years; M:F 95:20). No change was found in numbers of MA cases, although alcohol cases showed a significant decline (p < 0.001). Drunk driving-related fatal crashes tended to occur in the evening (5 p.m. to 11 p.m.), while MA-related fatal crashes had a longer peak extending from late evening until late morning (11 p.m. to 8 a.m.). This study has demonstrated that while roadside breath testing, legislative changes, and increased monitoring have resulted in reduced levels of drunk driving, similar safety countermeasures have had negligible effects on MA use in drivers. Continued monitoring of MA use by drivers will, therefore, be necessary to assess the possible effects, or not, of new countermeasures.     

Kumarangk (Hindmarsh Island) and the Politics of Natural Justice under Settler‐Colonialism

This article examines the impact of the application of apparently impartial principles of procedural fairness and natural justice on the construction of “authentic” and “inauthentic” knowledge of Aboriginal culture. It discusses the progression of the Kumarangk (Hindmarsh Island) court cases and the legal construction of public participation in the making of political decisions affecting Aboriginal interests in land. In examining the politics of competing interests in land, this article reflects on the tension between Indigenous interests in land and settler developmentalism in relation to the Australian jurisprudence of procedural fairness and natural justice. The arguments running through the article concern the questions of the ways in which the liberal restraint on power is embodied in the impartial principles of administrative law, where that power creates rather than infringes upon rights, why it generates a particular legal construction of Aboriginal interests in land and cultural heritage, and the extent to which this plays a role in the maintenance of relations of settler‐colonial dispossession.     

Recovery of Spray Paint Traces from Clothing by Beating

Manual recovery of spray paints from textiles using a microscope, the routine method in many laboratories, is often laborious. Beating the clothing with a plastic rod, the routine method used for recovery of glass traces within the authors’ laboratory, is proposed as an alternative. The efficiency of the method was evaluated by spray tests with fluorescent paint. In these tests, paint particles in the acquired debris samples, as well as those remaining on the textiles, were investigated. The results show that beating is an efficient way to recover and concentrate paint particles. A good efficiency for jeans fabric and rough knitwear is reported. The results appeared to be less satisfactory for smooth woven fabric. Application of the method in casework was effective for graffiti paints as well as for flaked car paint.