Forensic Application of Analytical Mechanics in Fatal Fall From a Height

Fatal fall from a height initiated with a swinging motion on the sagittal plane of the victim's body is examined. Method of analytical mechanics is adopted to establish the functional relations between the swinging angle of the body and the force needed to sustain the body until release, and the amount of the horizontal displacement that would occur after release. The analysis is applied to support an expert opinion presented in a criminal court in which two accused were convicted of murder for dropping a female victim from a bridge. The results indicate that it is unlikely for the body to locate as recorded by the police investigation report in the case. This study demonstrates that a straightforward mechanical analysis can be utilized to examine uncommon falling scenarios.     

Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

IDENTIFYING THE PSYCHOLOGICAL FACTORS THAT MEDIATE THE ASSOCIATION BETWEEN PARENTING PRACTICES AND DELINQUENCY*

Past research has largely ignored the developmental changes within the child that account for the association between parenting and risk for delinquency. We used structural equation modeling and data from a longitudinal study of several hundred African‐American families to test the contentions of various theories regarding the sociocognitive and emotional factors that mediate the impact of parental behavior on a youth's risk for delinquency. Our findings largely supported the theories. The impact of monitoring/discipline was indirect through low self‐control and acceptance of deviant norms, whereas the effect of hostility/ rejection was indirect through low self‐control, hostile view of relationships, and acceptance of deviant norms. These two dimensions of parenting were no longer related either to affiliation with deviant peers or to conduct problems once the effects of these psychological characteristics were taken into account; the impact of these parenting practices was completely mediated by these four cognitive/affective variables. Contrary to expectation, however, these psychological factors did not mediate any of the relationship between caretaker involvement in antisocial behavior and child conduct problems.     

SUPRANATIONAL GOVERNANCE OR NATIONAL BUSINESS‐AS‐USUAL? THE NATIONAL ADMINISTRATION OF EU STRUCTURAL FUNDS IN THE NETHERLANDS AND DENMARK

The partnership principle in EU cohesion policy was introduced in order to involve subnational authorities and interest organizations in policy formulation and implementation. In this article we examine how the member states have reacted to this call for a new way of making public policy. We argue that the multi‐level governance literature and the critics of the multi‐level governance framework have not examined implementation structures properly, but have focused on regional influence. We conduct a comparative analysis of the Dutch and Danish implementations of the European Social Fund and the European Regional Development Fund. Our findings show that when examining implementation structures it becomes clear that member states are in full control of the re‐allocation of EU funds. They show that Denmark and The Netherlands have been able to absorb EU cohesion policy within already existing national implementation structures of labour market policies and regional development. One central theoretical implication of our study is that the focus of studies of any fundamental re‐allocation of power resources in cohesion studies should comprise the entire network of implementation rather than the strategies of its individual component actors.     

Empire and Its Alternatives

The most ferocious debates are about whether the United States should be described as imperial, but in practice other countries also try to influence other countries’ domestic policies, to propagate their visions, to exert power and to stabilize areas beyond their borders that are perceived as a source of threats. While in the 1990s the winners of globalization were seen as small open states, since the turn of the millennium big powers appear to be gaining because of their ability to project political power: the United States, but also China, Russia, India, and Brazil. This makes for a greater instability and leads to the formulation of theories of realism or neo-realism. The essay concludes with an examination of alternatives to empire and the neo-imperial vision, in particular the importance of elaboration of common or shared values in helping to build a safer and more peaceful international order.     

Lost on the Way Home? The Right to Life in Northern Ireland

This article starts from the premise that, through the Belfast Agreement, the Human Rights Act 1998 (HRA) was invested with a 'transitional justice' function in Northern Ireland, unlike in the rest of the United Kingdom. The article evaluates how far the HRA has met this challenge by examining a case study of the right to life. The European Court's development of a procedural aspect to the right to life in the form of a right to an effective investigation, has implicated both institutional reform for the future, and also a need to revisit past state killings with their 'transitional justice' implications. There have been some positive developments, but, despite this, domestic institutions and courts have largely failed to deliver on Article 2's procedural aspect. The article concludes by questioning whether the very design of the HRA has limited the possibilities for a 'transformational constitutionalism' capable of incorporating Article 2's procedural right.