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.     

RACIAL AND ETHNIC DIFFERENCES IN PRETRIAL RELEASE DECISIONS AND OUTCOMES: A COMPARISON OF HISPANIC,BLACK, AND WHITE FELONY ARRESTEES*

The present study uses data on the processing of felony defendants in large urban courts to examine Hispanic, black, and white differences at the pretrial release stage. The major finding is that Hispanic defendants are more likely to be detained than white and black defendants. And, racial/ethnic differences are most pronounced in drug cases. In fact, Hispanic defendants suffer a triple burden at the pretrial release stage as they are the group most likely to be required to pay bail to gain release, the group that receives the highest bail amounts, and the group least able to pay bail. These findings are consistent with a focal concerns perspective of criminal case processing that suggests Hispanics as a newly immigrated group are especially prone to harsher treatment in the criminal case process.     

Implementing Equal Justice for Parents in Washington: A Dual Approach

In many states, legal representation for parents of dependent children is inadequate and can be a source of delays in securing permanency for children and unnecessarily protracted court proceedings. Often, such parents also face barriers to accessing services and independent evaluators. These issues are being addressed in the state of Washington through two approaches. The first is a successful enhanced legal representation program that has substantially improved case outcomes. The second is a statewide committee using innovative means to examine systemic responses to the challenges of the Adoption and Safe Families Act.     

Agency Escape: Decentralization or Dominance of the European Commission in the Modernization of Competition Policy?

The "modernization" reforms of European antitrust are summarized and interpreted. The article uses principal–agent analysis enhanced by socio-institutional insights. The reforms in policy implementation are of historic importance. While they appear to promise decentralization to national competition authorities, more sophisticated analysis points to an increase in the centralized power of the Commission. The novel instrument of a supranational European Competition Network creates a redesigned relationship between the Commission and the member states that carries high risks of incoherence. Modernization driven by a legal epistemic community carries a less obvious risk that increased power of competition policy will unduly reinforce liberal market disciplines through a juridification of the European competition regime.     

The diagnosis of the mechanisms of bone tissue destruction from the surface of the break]

Data on bone tissue fractography are summarized and systematized. Possibilities of a microscopic fractography method in analysis of skeletal bone fractures in order to determine conditions of traumatic exposure were shown. Destruction of bone tissue is considered from the point of view of fragile and tough destruction using as a model solid body with crack at the top of which deformations of detachment, lateral and longitudinal shifts are acting. Morphologic features for different types of destruction were singled out. Use of these features may help to determine character and type of deformation at concrete areas of fracture during all destruction process.     

The forensic medical evaluation of subcapsular splenic injuries

Data on 63 cases of subcapsular spleen lesions are analyzed. Circumstances of trauma infliction period of the 2-nd stage of spleen capsule rupture, morphological types of subcapsular spleen lesions, microscopic changes in different posttraumatic periods are presented.     

The judicial role in life-sustaining medical treatment decisions.

Although there has been speculation regarding the pervasiveness and nature of judicial decisions regarding life-sustaining medical treatment (LSMT), no attempt has been made to empirically assess their prevalence or the issues they address. An exploratory study utilizing a mail survey of a nationwide random sample (N = 905) of state trial court judges was conducted to provide initial information regarding this decision-making process. Twenty-two percent of the responding judges had heard at least one LSMT case, and judicial review did not appear endemic to particular states. The number of judges hearing LSMT cases dropped from 1975 to 1981 but has increased since then. Three major issues predominate: patient competency, appointment of a surrogate decisionmaker, and resolution of the ultimate issue of forgoing LSMT. Relatively few cases either contested a prior directive's validity or involved imposing sanctions for instituting or forgoing LSMT. Although subject to different interpretations, the results suggest the courts are having a significant impact on certain aspects of the LSMT decision-making process. However, the infrequency with which any one judge is called upon to make an LSMT decision causes concern about the judiciary's ability to respond in a timely and appropriate manner. With their potential for a profound effect on the actions of health care providers, greater attention to this decision-making process is warranted.