Sir/St. Thomas More on the US Constitution: ‘More Perfect’ is not Utopian

Sir Thomas More was a politician, statesman, visionary humanist, and a friend of Erasmus, Colet, and Henry VIII. His most famous literary work is Utopia, a word coined based on the Greek for ‘no place’. Its influence has been enormous, inspiring social thinkers as diverse as Rousseau and B. F. Skinner. Using the principles More seemed to advocate, this article addresses the question: ‘What would he have thought of the Constitution of the United States had he lived to read it and experience life under its aegis?’ Much of what the Americans have done he would appreciate, much he would deplore. He would appreciate the federal nature of government, the elective nature of the legislature, and the freedom granted to citizens. He would have deplored slavery based on race and applauded the 13th Amendment. He would have looked askance at the role of the president and the necessity for a military. In sum, if we can believe that what he wrote in Utopia reflects his attitudes correctly, Thomas More’s would be a mixed verdict on American republicanism.     

The observation of mental disorder and dangerousness in arsonists: a contemporary appraisal of changes in Dutch forensic mental health cases

In the Netherlands pre-trial forensic mental health assessments are conducted to examine whether a mental disorder was present at the time of the offence that affected the free will of a person, in which case criminal accountability is considered diminished or absent. This study aims to investigate societal changes over time in forensic mental health recommendations in arson cases. Seventy-two reports of male arsonists assessed in 1950–2010 were included in this study, 36 arsonists were assessed in the first time period (1950–1979) and 36 in the second period (1980–2010). Results show an association between DSM classification and the conclusion on criminal accountability only in the first period and an association between recidivism risk and the forensic mental health recommendation only in the later period. It is concluded that mental disorder was of greater influence on the conclusion on accountability in the first time period, whilst dangerousness played a more important role on the forensic mental health recommendation in the later time period. Our findings reflect a shift from paternalistic principles to principles of risk control and show that societal changes influence the field of forensic mental health.     

Citizen's psychological knowledge,legal knowledge,and attitudes toward participation in the new Japanese legal system,saiban-in seido

A new procedure, saiban-in seido, was introduced in the Japanese criminal court in 2009.1 1. This article was written before the Saiban-in seido started. A mixed tribunal of three professional judges and six lay people selected from a list of voters deliberate the verdict in serious criminal cases such as murder, rape, and arson. This study researched lay people's attitudes toward the new system, their psychological knowledge (e.g. the reliability of eyewitness testimony) and legal knowledge (e.g. ‘presumed innocent’), and the relationship between attitude and knowledge. Study 1 examined the responses of 294 citizens to a questionnaire; 90 responses were examined in Study 2 (both samples consisted of two age groups, i.e. (1) 20s and (2) 40s and 50s, and two education levels, i.e. (1) college or below and (2) university or more. In both studies, respondents showed concerns about their lack of ability and knowledge to become a lay judge. Although legal knowledge was related to attitude – i.e. the more legal knowledge, the less negativity – no relationship was found between psychological knowledge and attitude. Relevant support for citizens to become lay judges was discussed.     

Pornography: Reflections upon past and current issues

Abstract

Summary: This article reviews historical and recent - and differing - responses from feminists in the developed and in the developing worlds, to the production and use of pornographic materials. It explores some of the possible reasons for changes in feminist analyses and posits future directions for feminist responses to pornographic materials, based on recent contributions to the debates.     

Sharing the benefits of biodiversity the Kani TBGRI deal in Kerala,India

Abstract

The United Nations Convention on Biological Diversity (CBD) concluded at the Earth Summit in 1992, mandates that where utilisation of the knowledge, innovations and practices of local and indigenous communities leads to benefits, such benefits shall be equitably shared with the holders of such knowledge, innovations and practices. The study analyses some of the issues that have emerged in the context of a ‘benefit sharing exercise’ attempted by the Tropical Botanic Garden and Research Institute (TBGRI), a research institute based in Kerala, with the Kani tribals of Kerala, pursuant to the development of a pharmaceutical drug, based on the knowledge, information and natural resources that the Kanis have nurtured over many years.

As the case study illustrates, the debate on benefit sharing in the absence of other fundamental rights such as the rights to land, access to the resource and adequate governance structures becomes a limited and myopic exercise. A ‘fair and equitable benefit sharing mechanism’ would therefore call for certain basic pre‐conditions that will be discussed in the course of the study.     

White and Mexican Heritage Elders' Crime Victimization Perspectives

Abstract

Prior research on the fear of crime among the elderly has shown that elders are more afraid of being a victim of crime than are younger persons and that such fears may vary depending upon where people reside. This study compares the level of fear of criminal victimization of elders living in three adjacent southwestern communities. White elders live in an age-restricted community within two of the studied communities. The third community is not age-restricted, and the elders who reside there are primarily of Mexican heritage. This study found that Mexican heritage elders expressed more fears associated with crime and victimization than did white elders. In studying gender differences, this study found no significant differences between the expressed level of fear of crime between male and female respondents. Nonetheless, most elders will undertake a variety of reasonable measures to protect themselves when they are home or go out, a finding that is consistent with previous research that studied white elders.     

What do students really know about criminal justice?

This survey of three hundred and twenty undergraduate students attempted to determine their knowledge of crime and punishment in North Carolina. Respondents answered a series of open- and closed-ended questions regarding various legal topics, such as statutory rape and the legal ages for tobacco and alcohol use. The participants were also asked to list punishments for various offenses, such as possession of marijuana, driving while intoxicated, and rape. They were then asked to define certain legal terms such as larceny. The results indicated that most students were unable to provide correct corresponding punishments for many offenses. They were also unable to accurately define various legal terms, such as robbery or rape. The implications for stronger education in the area of criminal justice are discussed.     

A 1-year time course study of human RNA degradation in body fluids under dry and humid environmental conditions

Blood, saliva and semen are some of the forensically most relevant biological stains found at crime scenes. mRNA profiling is a reliable approach for the identification of the origin of an evidentiary trace. A stable set of markers and the knowledge about the effects of RNA degradation under different environmental conditions is necessary for the determination of an unknown biological stain. The aim of this work was to compare RNA degradation for human blood, semen and saliva at three different concentrations during a 1-year time period and exposed to dry and humid conditions. Also, this study addressed the question whether there are relevant differences in the efficiency of two RNA extraction methods.     

Development of 30 InDel markers typing system and genetic analysis in five different Chinese populations

Allele frequencies of 30 InDel markers previously selected and validated for forensic purpose were assessed in 419 unrelated individuals originating from five different populations of Chinese Han, Chinese Hui, Uighur, Mongolian and Tibetan in P.R. China. Hardy–Weinberg equilibrium tests and linkage disequilibrium analysis were performed and the results showed that allele frequency distributions of the 30 InDel markers had meet the genetic equilibrium in all of the five populations and the InDel markers on same chromosome did not generate any linkage block. Analysis of molecular variance (AMOVA) indicated that genetic variation among the 5 studied populations represent only 4.00% of the total genetic diversity. We observed the cumulative power of discrimination (CPD) for each studied population was 0.99999999999841 in Chinese Han population, 0.99999999999690 in Chinese Hui population, 0.99999999999709 in Uighur population, 0.99999999999772 in Mongolian population and 0.99999999999854 in Tibetan population.     

The changing political economy of Taiwan‐Southeast Asia relations

This paper examines the possibility that the United States could ‘capture’ the Asia‐Pacific Economic Cooperation (APEC) forum and use it to impose America's economic agenda on the region. It discusses Washington's ability to shape the choices of APEC's East Asian members at APEC negotiations to reflect US interests through employing its military, economic, cultural, and ideological resources as instruments of leverage and influence. While interdependence constrains Washington's use of military and/or economic leverage to influence the choices of APEC's East Asian members, the complex bargaining and consensual decision‐making features of APEC further prevent Washington from imposing its agenda on APEC. On the other hand, Washington's capture of APEC could be facilitated if East Asian policy‐making elites were socialized through the APEC process to accept American norms. This would tend to lead to preference convergence since the values of both the US and East Asia would coincide. The analysis suggests, however, that American norms are unlikely to prevail within APEC in the near to medium term primarily because APEC's East Asian members consider East Asian norms to be superior. American culture and especially ideology are not sufficiently attractive to East Asian elites and are thus unable to be used as instruments of influence. For these reasons, the paper concludes that the United States will find it difficult to impose its economic agenda on the region through APEC.