The Transmission of Legal Precedent Across the Australian State Supreme Courts Over the Twentieth Century

This article considers several possible determinants of the transmission of legal precedent across Australian state supreme courts over the course of the twentieth century. The study finds that that the transmission of legal precedent is higher between State supreme courts that are more physically proximate and between state supreme courts in which a majority of judges in both courts are appointed by conservative governments. The study further finds that having an intermediate trial court and providing appointments to the High Court of Australia are correlated with whether a state is a source of interstate citations or a cue sender.     

Neck and scleral hemorrhage in drowning

The determination of the cause and manner of death for a body recovered from the water can be difficult because of a lack of autopsy findings specific for drowning. This case report describes a 30-year-old man found submerged at the bottom of a hotel pool. An autopsy revealed scleral hemorrhages and fascial hemorrhages of multiple muscles of the anterior and posterior neck bilaterally. No evidence of traumatic injury was on the surface of the body. An investigation by law enforcement found no evidence of foul play. The occurrence of petechial and neck hemorrhage in a body recovered from the water is controversial, and a review of this literature will be given. We suggest that fascial hemorrhages of the muscles of the neck, as well as cephalic hemorrhages, can be explained by drowning-related elevated central venous pressure that is communicated to the head through the valveless veins of the neck.     

Tattoo frequency and types among homicides and other deaths, 2007-2008: a matched case-control study

An estimated 25% of the US population aged 18 to 50 years has a tattoo, which have been associated with markers of high-risk behaviors including alcohol and drug use, violence, carrying weapons, sexual activity, eating disorders, and suicide. This study compares tattoo prevalence and type in a homicide population to those of an age-, race-, and sex-matched control group of nonhomicide deaths. The data for this study were abstracted from autopsy records maintained by the Jefferson County Alabama Coroner/Medical Examiner's Office for the years 2007 and 2008. Odds ratios and 95% confidence intervals for the association between homicide and tattoo presence and characteristics were calculated using conditional logistic regression. There was no association between tattoo presence and death by homicide; however, among blacks, memorial tattoos were significantly more common among homicides compared with other types of deaths (odds ratio, 2.50; 95% confidence interval, 1.10-5.68). The results of the current study suggest that specific types of tattoos, but not all tattoos, may be risk factors for homicide. Other factors, such as race and lifestyle, along with tattoos may need to be considered.     

Expert Testimony of the Battered Person Syndrome, Defendant Gender, and Sexual Orientation in a Case of Duress: Evaluating Legal Decisions

The current study examined the utility of expert testimony of the battered person syndrome (BPS) in a case of duress and the extent to which defendant gender, defendant sexual orientation, and participant gender influence mock jury decisions in a case of duress. Participants (N?=?413) read a scenario based on U.S. v. Dixon (2006) and answered questions assessing verdict, guilt, sentence length, duress legal elements, and attributes typically ascribed to victims of abuse. Results showed heterosexual female defendants were assigned the lowest sentences and met more of the legal elements of duress (i.e., were coerced, more likely to be believed, and purchased a gun to prevent harm) and attributes (i.e., experienced severe abuse, learned helplessness) compared to other defendants. When mock jurors received expert testimony, they provided lower rates of guilt and sentencing for defendants. Results also showed the inclusion of BPS expert testimony increased ratings for many of the legal elements of duress and attributes typically associated with intimate partner violence. In addition, results suggested that while heterosexual female defendants are more likely to be believed in a case of duress, expert testimony of BPS is helpful to all defendants. Limitations and future directions for research and practice are discussed.     

Machiavelli’s Science of Statecraft: The Diplomacy and Politics of Disorder

This paper calls into question the extent to which ethical dualism, broadly conceived as raison d’ état, does justice to Machiavelli’s understanding and practice of the diplomatic arts. Arguments are advanced herein that Machiavelli did not so much abandon morality as he sought, through the examples of Rome and antiquity, to find a different remedy for the disorder and violence rampant in the Italy of his day. Machiavelli’s reports in the diplomatic service of Florence illustrate qualities and skills of the diplomat often at odds with the caricature of the immoral statesman.     

Parliamentary enclosure,common rights and social change: Evidence from the parts of Lindsey in Lincolnshire

Parliamentary enclosure is considered between the mid‐eighteenth and the mid‐nineteenth centuries. Three motives for enclosure are identified: to change the structure of rural society, to secure profit, and to promote social stability. Enclosure laid the basis for the final destruction of the English peasantry. Those who gained were, essentially, large landlords and large capitalist tenants. Those who lost were all other members of rural society who relied on their rights of commons: and especially independent owners of small acreages, cottagers with no holdings in the common fields and squatters on the commons. The article seeks to establish (1) the importance and value of commons and rights of common and (2) what happened at enclosure when rights of common were abolished; with evidence almost entirely from the Parts of Lindsey in North Lincolnshire. From c.1790 onwards (until well after 1870, in fact) there was a prolonged attack on all aspects of rural popular culture and parliamentary enclosure was one important element in that attack.