Iraq and the case for Australian war crimes trials

This article presents the case for Australian war crimes trials, following Australian participation in the invasion of Iraq and the subsequent deaths of as many as a million Iraqi civilians. It focuses on jus in bello (war crimes) rather than jus ad bellum (just war). The article sets out the argument and rationale that Australian war crimes trials are needed. Having established the necessity, the article identifies two of the principal alleged atrocities for which Australian officials should be held criminally accountable. It details Australian military support for the use of cluster bombs against civilians during the 2003 invasion, and senior Australian military commanders’ responsibility for planning and carrying out multiple purported war crimes during the attack on Fallujah in late 2004. The article recognises that, in order for Australian officials to be prosecuted under the International Criminal Court (ICC), all domestic remedies must be first exhausted. It therefore specifically addresses which Australian laws can be used, with particular emphasis on anti-terrorist legislation passed in 2002 under the Howard Government and the introduction into Australia’s domestic federal criminal legislation offences equivalent to the ICC Statute offences of genocide, crimes against humanity and war crimes. These provide the most applicable legal tools for prosecuting senior Australian officials for war crimes in Iraq.     

Freedom of information applications as an "evergreening" tactic: Secretary, Department of Health and Ageing v iNOVA Pharmaceuticals (Australia) Pty Ltd (2010) 191 FCR 573; [2010] FCA 1442

A recent decision of the Federal Court of Australia illustrates how patent-holding pharmaceutical companies are attempting to use Australia's Freedom of Information Act 1982 (Cth) to force Australian safety, quality and efficacy regulators to disclose whether generic competitors are attempting to enter the market. In Secretary, Department of Health and Ageing v iNova Pharmaceuticals (Australia) Pty Ltd (2010) 191 FCR 573; [2010] FCA 1442 a single judge of the Federal Court overturned a decision of the Administrative Appeals Tribunal (AAT) that would have compelled the Australian Therapeutic Goods Administration (TGA) to reveal whether they were in possession of an application to register generic versions of two iNova products: imiquimod and phentermine. In its justification to the AAT for refusing to confirm or deny the existence of any application, the TGA argued that to reveal the existence of such a document would prejudice the proper administration of the National Health Act 1953 (Cth) as it could compromise the listing of a generic on the Pharmaceutical Benefits Scheme. The AAT failed to appreciate the extent to which this revelation to a competitor would have undercut 2004 amendments to the Therapeutic Goods Act 1989 (Cth) that provided penalties for evergreening tactics involving TGA notifications to drug patent-holders and 2006 amendments to the Patents Act 1990 (Cth) which protected the right of generic manufacturers to "springboard". The decision of the Federal Court is one of the first to explore the use of freedom of information legislation by patent-holders as a potential "evergreening" technique to prolong royalties by marginalising generic competition. Because of the significant amounts of money involved in ensuring rapid market entry of low-cost generic products, the issue has considerable public health significance.     

Variation in Adult and Juvenile Arrest Rates: The Influence of City Size and Metropolitan Environment

Since the mid-1990s, the index crime rate has steadily decreased while the rate for Part II offenses has increased. The current study examines these differences from 1990 to 2004 using arrest rate data from the 35 largest cities in the state of Texas. Cluster regression analyses is employed to examine the effect of city size and city location, whether the city is part of a larger metropolitan area or “stand-alone,” to explain variation in juvenile and adult arrest rates by category of offense (violent, property, Part II) while controlling for the influence of social disorganization variables. Findings indicate that differences exist in the arrest rates for almost all types of offenses in mid-size versus very large cities. Contrasting adult versus juvenile arrest rates, city size and city location offer limited explanation for variation over time. Implications of these findings are discussed in the context of suggested policy and research directions.     

Substance use among African American adolescents in the Midwest

The purpose of this article is to examine the attitudes and substance use behaviors of African American adolescents living in the Midwest. A baseline survey was administered to 463 African American teens between the ages of 11-19. The article examines the relationship between attitudes toward drugs and drug-using behavior in this African American sample. Drug use will be compared to national drug use norms established by the Youth Risk Behavior Surveillance Survey. Overall participants had fairly negative attitudes toward drugs. Sixty percent of the sample reported that they were committed to a drug-free life, 74% had made a decision to stay away from marijuana, 79% reported making a decision not to smoke cigarettes, and 71% reported they would not get drunk in the next year. Females were more likely to stay away from marijuana than males. In this current study there is cause for alarm; participants reported higher percentages of ever smoking cigarettes and marijuana than the Youth Risk Behavior Surveillance Survey. This study shows there is a need to provide substance abuse prevention programs for African American adolescents. Limitations and future directions are also discussed.     

The Political Ecology of Opinion in Big-Donor Neighborhoods

Major campaign donors are highly concentrated geographically. A relative handful of neighborhoods accounts for the bulk of all money contributed to political campaigns. Public opinion in these elite neighborhoods is very different from that in the country as a whole and in low-donor areas. On a number of prominent political issues, the prevailing viewpoint in high-donor neighborhoods can be characterized as cosmopolitan and libertarian, rather than populist or moralistic. Merging Federal Election Commission contribution data with three recent large-scale national surveys, we find that these opinion differences are not solely the result of big-donor areas’ high concentration of wealthy and educated individuals. Instead, these neighborhoods have a distinctive political ecology that likely reinforces and intensifies biases in opinion. Given that these locales are the origin for the lion’s share of campaign donations, they may steer the national political agenda in unrepresentative directions.     

Patella sex determination by 3D statistical shape models and nonlinear classifiers

Sex determination is one of the essential steps in personal identification of an individual from skeletal remains. Most elements of the skeleton have been subjected to discriminant function analysis for sex estimation, but little work has been done in terms of the patella. This paper proposes a new sex determination method from the patella using a novel automated feature extraction technique. A dataset of 228 patellae (95 females and 133 males) was amassed from the William M. Bass Donated Skeletal Collection from the University of Tennessee and was subjected to noninvasive high resolution computed tomography (CT). After the CT data were segmented, a set of features was automatically extracted, normalized, and ranked. The segmentation process with surface smoothing minimizes the noise from enthesophytes and ultimately allows our methods to distinguish variations in patellar morphology. These features include geometric features, moments, principal axes, and principal components. A feature vector of dimension 45 for each subject was then constructed. A set of statistical and supervised neural network classification methods were used to classify the sex of the patellar feature vectors. Nonlinear classifiers such as neural networks have been used in previous research to analyze several medical diagnosis problems, including quantitative tissue characterization and automated chromosome classification. In this paper, different classification methods were compared. Classification success ranged from 83.77% average classification rate using labels from a Fuzzy C-Means (FCM) clustering step, to 90.3% for linear discriminant classification (LDC). We obtained results of 96.02% and 93.51% training and testing classification rates, respectively, using feed-forward backpropagation neural networks (NN). These promising results using newly developed features and the application of nonlinear classifiers encourage the usage of these methods in forensic anthropology for identifying the sex of an individual from incomplete skeletons retaining at least one patella.     

Psychopathy and Nonverbal Indicators of Deception in Offenders

The current study examined psychopathy and nonverbal indicators of deception in an incarcerated sample. Nonverbal behaviors were coded from videotapes of 45 male offenders telling true and fabricated stories about crimes. Interpersonal features of psychopathy were associated with inflated views of lying ability, verbosity, and increases in blinking, illustrator use, and speech hesitations. While lying, the more psychopathic offenders spoke faster and demonstrated increases in blinking and head movements. Indicators of deception in offenders were somewhat different from those typically observed in non-offender populations. These findings indicate that personality factors may have an impact on nonverbal indicators of deception in criminal justice settings where the detection of deception is of utmost concern.     

Child Abuse-Related Homicides in New Mexico: A 6-year Retrospective Review

Abstract:  We retrospectively reviewed autopsy records at a statewide medical examiner's office in order to identify and characterize deaths due to child abuse. In a 6-year period in New Mexico, the medical examiner investigated 45 deaths determined to be child abuse-related. Decedents were predominantly male (68.9%), Hispanic White (53.3%), and all were 5 years of age or younger, with a median age of 1 year. Head injuries were the most common cause of death (44.4%), followed by battered baby syndrome (15.6%). Relatives were involved as alleged perpetrators in 80% of the cases, with the father most often implicated (36.1% of cases), and 88.9% of child abuse injuries resulting in death occurred in the family's residence. Toxicology was positive in 26.7% of cases, but only two cases had substances of abuse present. Information on risk factors such as prematurity, parental age, and history of abuse was also collected.     

An Assessment of the Utility of Universal and Specific Genetic Markers for Opium Poppy Identification

Abstract: The proper identification of illicit plants such as Papaver somniferum L (opium poppy) is important for law enforcement agencies. The identification of opium poppy was presently tested using 10 genetic markers that are universal for all plants or specific to a few poppy plants. The genetic distances of universal markers such as nuclear internal transcribed spacer (ITS), 18S rRNA, plastid rbcL, and trnL‐trnF intergenic spacer (IGS) of 14 species included in the Papaveraceae and Fumariaceae family were acquired by sequence comparisons. Both the ITS region and trnL‐trnF IGS showed high levels of interspecific divergence. Six Papaver genera‐specific markers were developed from coding regions involved in morphine biosynthesis. Three markers (TYDC, NCS, and BBE) produced amplicons only in opium poppy, providing a presence/absence test for opium poppy, while three additional markers (CYP80B1, SAT, and COR) were genus specific. These 10 markers might be useful for the forensic DNA analysis of opium poppy.     

Ethnic identity and attitudes toward the police among African American juvenile offenders

Although there is a knowledge base regarding theoretical and empirical research on attitudes toward the police, this line of research has not fully examined the sources of such attitudes, and in particular the extent to which attitudes toward the police are influenced by ethnic identity. The present study examined the role of ethnic identity in African American adolescent offenders' perceptions of general police discrimination, direct police contact, procedural justice, and police legitimacy. Analyses showed that youth with a stronger sense of ethnic identity perceived more police discrimination but reported more positive beliefs about police legitimacy. The findings underscore the importance of considering processes that may make legal socialization experiences more salient for adolescents, and demonstrate the complex role that ethnic identity plays in relation to discrimination.