The Effects of Environmental Exposure on the Optical,Physical, and Chemical Properties of Manufactured Fibers of Natural Origin

Manufactured fibers derived from natural origins include viscose rayon, azlon, and polylactic acid (PLA). A 2‐year study was conducted to document any changes these fibers undergo as a result of exposure to various environmental conditions. Fabric swatches representing each fiber type were exposed to freshwater, saltwater, heat, cold, ultraviolet light, or composter conditions. Fibers from the swatches were periodically analyzed using polarized light microscopy and Fourier transform infrared microspectroscopy. Fiber solubility and melting‐point behavior were measured every 6 months. Except for the complete degradation of viscose rayon in the composter, saltwater, and freshwater environs, no changes in the optical properties, infrared spectra, solubility, or melting points of the remaining fibers in any of the environments were observed. However, microscopic morphological changes were observed in fibers from two azlon swatches submerged in freshwater and saltwater, two PLA swatches exposed to ultraviolet light, and two viscose rayon swatches exposed to ultraviolet light.     

Fatal Wounds by “Manja” to a Motorbike Rider in Motion

“Kite fights” are quite popular throughout Asia. Most kite variations, including the fighter kites of India, Pakistan, and Japan, are small, flat, roughly diamond‐shaped kites composed of paper, with a tapered bamboo spine and a balanced bow. They are flown with the help of a “Manja,” which is a thread made of cotton or nylon, and coated with fine glass powder using glue and other chemical adhesives to cut down opponent's kite string. The nylon “Manja” is particularly more dangerous, as it not only cuts down opponent's kite string but also causes bodily injuries to humans, which may be at times fatal. The pattern of injuries by Manja is underreported in literature. In the present case, the deceased had encountered fatal injuries by “Manja” while riding on his motorbike. This case discusses the pattern of injuries caused by Manja when the victims are in motion on their two‐wheelers.     

EMPIRICAL ANALYSIS OF REFERRAL ISSUES AND “ULTIMATE ISSUE” RECOMMENDATIONS FOR PARENTS IN CHILD PROTECTION CASES*

Mental health professionals frequently respond to requests for clinical information on parents in child protection cases; however, little data exist on the issues precipitating requests or on the controversial practice of offering “ultimate issue” recommendations in forensic clinical reports. We investigated 243 requests for clinical information on parents and 204 clinician reports submitted for use in child abuse and neglect proceedings in a large, urban juvenile court system. We coded 56 objective and qualitative characteristics regarding referral questions, pending legal issues, and four levels of recommendations. We found that the most common referral questions related to service planning, parenting ability, and/or parents' mental health functioning, and the most common pending legal issues were selection or change of a permanency goal and visitation arrangements. Levels of recommendations varied with type of legal decision, in that clinicians always offered direct recommendations for narrow, statute‐based issues (e.g., termination of rights, adoption) and less so for other issues. Community‐based evaluators were more likely to offer direct recommendations than court‐based clinicians. Based on the findings, we offer practice recommendations and directions for further research in forensic parenting assessment.     

“YFlag” – A Single‐base Extension Primer Based Method for Gender Determination

Assigning the gender of a DNA contributor in forensic analysis is typically achieved using the amelogenin test. Occasionally, this test produces false‐positive results due to deletions occurring on the Y chromosome. Here, a four‐marker “YFlag” method is presented to infer gender using single‐base extension primers to flag the presence (or absence) of Y‐chromosome DNA within a sample to supplement forensic STR profiling. This method offers built‐in redundancy, with a single marker being sufficient to detect the presence of male DNA. In a study using 30 male and 30 female individuals, detection of male DNA was achieved with c. 0.03 ng of male DNA. All four markers were present in male/female mixture samples despite the presence of excessive female DNA. In summary, the YFlag system offers a method that is reproducible, specific, and sensitive, making it suitable for forensic use to detect male DNA.     

Why the “Haves” Do Not Necessarily Come Out Ahead in Informal Dispute Resolution

This article explores the implications of Galanter's distinction between repeat and one‐off players to informal dispute resolution settings. Relying on quantitative and qualitative data regarding one British “private‐Ombudsman” scheme, the article analyzes the extent to which complaint handlers' decision making advantaged more experienced and better resourced firms and/or high‐status and more assertive complainants. The article's tentative theoretical proposition is that the typically indeterminate nature of informal dispute resolution settings renders them less susceptible to large organizations' and other repeat players' capacity to “play for rules.” Yet, this indeterminacy makes such processes more vulnerable to decision makers' reliance on heuristics.     

A fresh scientific look at transfer and persistence: From a materials science and tribology perspective

Knowledge of the mechanisms governing transfer, persistence, and recovery of trace evidence, together with background prevalence in the population of interest, and other task relevant information, is key for the forensic interpretation and reconstruction of what happened at the activity level. Up to now, this informational “toolkit” has largely been developed through empirical forensic studies on specific trace materials such as glass, textile fibers, and soil. Combined with the identified systemic siloing between disciplines, while valuable, such research tends to be very material-dependent, introducing specific parameters and interpretations that may have actually impeded the recognition of underlying foundational factors applicable to most material types. In Australia, there has been a renewed interest in developing a discipline-independent framework for the interpretation and/or reconstruction of trace evidence to interpret specific circumstances in casework. In this paper, we present a discipline agnostic “way of thinking” that has been anchored in foundational science underpinning the trace evidence discipline. Physical and mechanical material properties such as material geometry and surface topography, strength, stiffness, and hardness collectively influence contact interactions through underlying friction, wear, and lubrication cause and effect mechanisms. We discuss how these fundamental factors and parameters stemming from materials science and tribology may be adopted and adapted by forensic practitioners and researchers to contribute to a better understanding of transfer, persistence, and recovery mechanisms irrespective of evidence discipline and material type. Examples are provided to demonstrate the practical significance to real-life casework and academic research.     

Forensic Paleontology: A Tool for “Intelligence” and Investigation

Paleontology and facies analysis proved to be useful tools in activities of intelligence and investigation on some criminal cases, as well as in in‐court activities, thus defining the “forensic paleontology” area of study. The definition was given by analyzing its possible specific applications and excluding some marginal activities. The reliability of forensic paleontology was then assessed in light of the results achieved in some actual cases and in an ad hoc simulation. The investigated cases concerned intelligence and ordinary law enforcement activities. Special attention was paid to crimes against the cultural heritage. Ex post re‐examination of the cases substantiated the value of this scientific branch in investigations, while stressing the possible difficulties in explaining its results to lay persons. Therefore, careful preparation of technical and linguistic preliminary notes for judges, prosecutors, and lawyers as well as a special training for consultants are recommended before presenting results as exhibits in in‐court cross‐examinations.     

“Critical Legal Histories Revisited”: A Response

The author responds to comments reappraising “Critical Legal Histories” (CLH) (1984). CLH critiqued “evolutionary functionalism,” the idea that law is a functional response to a typical modernizing process. CLH argued that “society” was partly constituted of legal elements and that law was too indeterminate to have reliably regular functional effects. CLH has been misinterpreted as calling for a return to internal histories of “mandarin” doctrine: all it said was that some doctrinal histories were valuable, without privileging them. This response clarifies that the relations of law to society and social change, and of high‐level official law to everyday local law are distinct issues. CLH is mostly moot today, since social‐legal historians have incorporated its insight that legal concepts are embedded in everyday social practice. But other fields have revived deterministic Whiggish accounts of progressive development and of law functional to it—to which CLH's critique still seems relevant.     

Why Police “Couldn't or Wouldn't” Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits

In jurisdictions throughout United States, thousands of sexual assault kits (SAKs) (also termed “rape kits”) have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying offenders, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused, so it is important to understand why police are not utilizing this evidence. In this study, we applied focal concerns theory to understand discretionary practices in rape kit testing. We conducted a three‐year ethnography in one city that had large numbers of untested SAKs—Detroit, Michigan—to understand why thousands of SAKs collected between 1980 and 2009 were never submitted by the police for forensic DNA testing. Drawing upon observational, interview, and archival data, we found that while practical concerns regarding resources available for forensic analysis were clearly a factor, as Detroit did not have the funding or staffing to test all SAKs and investigate all reported rapes, focal concerns regarding victim credibility and victim cooperation were more influential in explaining why rape kits were not tested. Implications for the criminal justice system response to sexual assault and rape kit testing legislation are examined.     

The Biggest “Have” of Them All: Wal‐Mart and Its Litigation Outcomes in Slip‐and‐Fall Cases

Scholars have theorized that resource‐rich litigants known as the “haves” tend to succeed disproportionately in litigation when the adverse party is a “have‐not.” The traditional theory suggests that haves are able to use their wealth to secure better attorney representation and can use their frequent experience in litigation to tip the scales of justice in their favor, particularly when faced with “one‐shotters” whose involvement in litigation is infrequent. A remaining question, however, is whether some haves fare better than other similarly situated haves. Specifically, this article posits that the litigation strategy used by the defendant may also play a role in litigation outcomes. Companies that tenaciously fight claims that, in the short term, would be cheaper to settle might discourage otherwise valid claims in the future from being filed out of fear that the litigation will be a protracted battle. This article examines Wal‐Mart Stores, Inc. (Wal‐Mart)—the largest revenue‐generating company in the United States—to explore whether it fares better than other resource‐rich defendants. Wal‐Mart in particular has a reputation against settling cases and thus is an excellent vehicle to investigate this hypothesis. Appellate cases in an eleven‐year period involving slip‐and‐fall litigation were compiled, and the results show that Wal‐Mart did win at a higher rate than other defendants. Although more research is needed to explore fully the effect of litigation strategy on win–loss rates, this sample of cases demonstrates that Wal‐Mart is a more effective and victorious litigant.     

The Analysis of Colored Acrylic,Cotton, and Wool Textile Fibers Using Micro‐Raman Spectroscopy. Part 2: Comparison with the Traditional Methods of Fiber Examination

In the second part of this survey, the ability of micro‐Raman spectroscopy to discriminate 180 fiber samples of blue, black, and red cottons, wools, and acrylics was compared to that gathered with the traditional methods for the examination of textile fibers in a forensic context (including light microscopy methods, UV‐vis microspectrophotometry and thin‐layer chromatography). This study shows that the Raman technique plays a complementary and useful role to obtain further discriminations after the application of light microscopy methods and UV‐vis microspectrophotometry and assure the nondestructive nature of the analytical sequence. These additional discriminations were observed despite the lower discriminating powers of Raman data considered individually, compared to those of light microscopy and UV‐vis MSP. This study also confirms that an instrument equipped with several laser lines is necessary for an efficient use as applied to the examination of textile fibers in a forensic setting.     

Simultaneous Identification of Four “Legal High” Plant Species in a Multiplex PCR High‐Resolution Melt Assay,

The international prevalence of “legal high” drugs necessitates the development of a method for their detection and identification. Herein, we describe the development and validation of a tetraplex multiplex real‐time polymerase chain reaction (PCR) assay used to simultaneously identify morning glory, jimson weed, Hawaiian woodrose, and marijuana detected by high‐resolution melt using LCGreen Plus^®. The PCR assay was evaluated based on the following: (i) specificity and selectivity—primers were tested on DNA extracted from 30 species and simulated forensic samples, (ii) sensitivity—serial dilutions of the target DNA were prepared, and (iii) reproducibility and reliability—sample replicates were tested and remelted on different days. The assay is ideal for cases in which inexpensive assays are needed to quickly detect and identify trace biological material present on drug paraphernalia that is too compromised for botanical microscopic identification and for which analysts are unfamiliar with the morphology of the emerging “legal high” species.     

On Two Distinct and Opposing Versions of Natural Law: “Exclusive” versus “Inclusive”

Abstract. This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural‐law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “exclusive natural‐law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “inclusive natural‐law theories,” in which the positive law is a constitutive moment in that it identifies moral rules and specifies their meaning. The article argues that inclusive theories of natural law are better suited to expressing an authentic “republican” attitude. *

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Foucault on “Avowal”: Theatres of Truth from Homer to Modern Psychology

FOUCAULT, MICHEL. 2014 . Wrong‐Doing, Truth‐Telling: The Function of Avowal in Justice . Ed. Fabienne Brion and Bernard Harcourt, trans. Stephen Sawyer. Chicago, IL: University of Chicago Press. Cloth $35.00, E‐book $7.00 to $30.00. The publication of a previously unknown set of lectures delivered by Foucault in 1981 at Louvain's criminology institute constitutes a major revelation for legal and criminological scholars (Wrong‐Doing, Truth‐Telling: The Function of Avowal in Justice, 2014). The lecture material includes an extended discussion of the techniques used by Oedipus to establish the truth of his familial crime, a reflection on the beginnings of the inquisitorial justice system (which Foucault here argues paved the way for the scientific revolution), and analyses of contemporary forensic confessions. Throughout these meticulously edited lectures, the scientific and philosophical “inquiries” that revolutionized modern European knowledges are shown to be rooted in embodied practices of confession and avowal that go back to ancient Greece.     

Delirium Due to Intoxication from the Novel Synthetic Tryptamine 5‐MeO‐DALT

Synthetic tryptamines have gained popularity for their hallucinogenic properties, unscheduled status, and availability from “head shops” and through the internet. Here, we present a case of synthetic tryptamine‐induced delirium secondary to 5‐MeO‐DALT ingestion in a previously healthy young male. 5‐MeO‐DALT led to the hospitalization of our patient after ingestion of a standard dose, presenting with extreme agitation, tachycardia, diaphoresis, and combativeness leading to physical restraint and intravenous sedation. A search of PubMed, Ovid, and Google Scholar for keywords of “5‐MeO‐DALT,” “5‐methoxy‐N,N‐diallyltryptamine,” or “Lucy‐N‐Nate” found no case reports or clinical articles in the literature. Rapid emergence and commercialization of this novel synthetic tryptamine 5‐MeO‐DALT points to the importance of health care and forensic professionals keeping abreast of the latest drugs of abuse and their clinical features. The authors hope this report leads the way in disseminating the potential risks associated with unscheduled and unregulated substances, synthetic tryptamines such as 5‐MeO‐DALT in particular.     

Unpredictable Behavior Under the Influence of “Magic Mushrooms”: A Case Report and Review of the Literature

Fatalities implicating psychedelic mushrooms are not a common clinical situation in everyday forensic medicine. Despite classification as an illegal drug in many countries, psilocybin mushrooms have the reputation of being safe. We report the case of a young man who jumped from a second story balcony under the influence of psilocybin mushrooms. The psilocin assay was performed by gas chromatography coupled to an electron‐impact ionization time‐of‐flight detector (GC‐EI‐TOF) after solid‐phase extraction. Total psilocin was quantified in peripheral and cardiac blood as 60 and 67 ng/mL, respectively, and in urine (2230 ng/mL), bile (3102 ng/mL), and vitreous humor (57 ng/mL). This case report and review of literature highlights the danger of psilocybin mushrooms. Isolated use of psilocybin mushrooms by a regular consumer without psychiatric history, even under “safe” circumstances, can lead to a fatal outcome.     

The Utility of the Samworth and Gowland Age‐at‐Death “Look‐up” Tables in Forensic Anthropology*

Abstract: Accurate age‐at‐death estimates are crucial to forensic anthropologists when onstructing biological profiles aimed at narrowing a missing‐persons list and to allow for timely and efficient identification of an unknown victim. The present contribution evaluates the utility of three new age‐at‐death estimation techniques recently proposed by Samworth and Gowland (2007). Results indicate that, in the samples under study, the Samworth and Gowland estimates from the pubic symphysis and auricular surface perform similar to alternate phase methods. The combined method does not appear to further enhance either the precision or the accuracy of the single pubic symphysis age‐at‐death estimate. In conclusion, these new methods seem to be more robust to distribution deviations than originally proposed by Samworth and Gowland (2007). They are therefore suitable for immediate and reliable forensic usage in the United States and worthy of further research for their use in North American forensic contexts.     

“Legality with a Vengeance”: Reclaiming Distribution for Sociolegal Studies

The law and society community has argued for decades for an expansive understanding of what counts as “law.” But a content analysis of articles published in the Law & Society Review from its 1966 founding to the present finds that since the 1970s, the law and society community has focused its attention on laws in which the state regulates behavior, and largely ignored laws in which the state distributes resources, goods, and services. Why did socio‐legal scholars avoid studying how laws determine access to such things as health, wealth, housing, education, and food? We find that socio‐legal scholarship has always used “law on the books” as a starting point for analyses (often to identify departures in “law in action”) without ever offering a programmatic vision for how law might ameliorate economic inequality. As a result, when social welfare laws on the books began disappearing, socio‐legal scholarship drifted away from studying law's role in creating, sustaining, and reinforcing economic inequality. We argue that socio‐legal scholarship offers a wide range of analytical tools that could make important contributions to our understanding of social welfare provision.     

Efficient,Fair, and Incomprehensible: How the State “Sells” Its Judiciary

Socio‐legal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply‐side,” perspective. Focusing on the state's efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that state actors often attempt to “sell” centralized courts to potential litigants by insisting that the state's services are more efficient and fair than local courts operating outside direct state control. Moreover, we argue that state actors also invest significant energy in claiming that the local courts are incomprehensible. Thus, in its efforts to introduce and advance centralized courts, the state argues not only that it offers the best version of what the citizenry wants, but also that it is impossible to conceive that people would want something other than what the state offers. We illustrate our argument and explain its significance by examining judicial reform in New York, where there has been a decades‐long effort to displace local justice systems.     

Self‐harm Risk Among Adolescents and the Phenomenon of the “Blue Whale Challenge”: Case Series and Review of the Literature

The “Blue Whale Challenge” is a dangerous Internet phenomenon. As per media reports, it involves a series of life‐threatening tasks imposed by a “curator” to “players,” who must fulfill the whole list, and it ends with the suicide of the player. The authors report the data of five suspected cases of “Blue Whales” managed from January 2016 to December 2017 by the staff of a unit (the “Bambi Unit” of the Pediatric Hospital “Regina Margherita” of Turin, Italy) that is dedicated to the evaluation of suspected abused children. Then, they analyzed this data in the light of the literature regarding self‐harm. This comparison highlights the role of the Internet in the spreading of self‐harm behavior among vulnerable adolescents who are characterized by epidemiological, psychological, psychiatric, social, and cultural risk factors. In conclusion, the authors suggest a multidisciplinary and specialized approach in the evaluation of adolescents who committed self‐harm activities.