Identification of Opioids and Related Substances using Handheld Raman Spectrometers

This study describes the performance of handheld Raman devices for detecting one hundred opioids and related substances including fentanyl and several analogs. Using a single “parent” device, signatures (spectra) with excellent signal-to-noise ratios were generated using <5 mg of most compounds. The signatures were added to a method (library), which was electronically transferred to three “daughter” devices. The devices were able to discriminate different salt forms and isomers. On average, the daughter devices yielded a true-positive rate of 97.3% for generating an alarm for opioids and were 93.3% effective for correctly identifying the opioid. The devices yielded true-negative, false-positive and false-negative rates of 100%, 0%, and 2.7%, respectively, where false negatives were due to weak signal and fluorescence. These data demonstrate that the parent-daughter electronic transfer method was successful and effective, which permits the ability to develop methods in the laboratory that can be seamlessly pushed out to field devices.     

Knowing when the camera lies: Judicial instructions mitigate the camera perspective bias

Purpose. Videotaped confession evidence elicits harsher evaluations against a defendant if initially recorded with the camera focused primarily on the suspect, compared with other presentation formats. Unfortunately, most videotaped confession evidence employs this biasing suspect‐focus camera perspective format, leaving defendants with no recourse. The present study examined the utility of judicial instructions in mitigating the effects of the camera perspective bias on individual juror verdicts. Methods. Through random assignment, 156 mock jurors did or did not receive explicit instructions to correct for the camera perspective bias prior to viewing a video recording of an authentic true or false confession. Results. As expected, mock jurors who received instructions to correct for the camera perspective bias reported more lenient judgments of confessor guilt after viewing a suspect‐focus confession recording compared to those who did not receive such instructions. However, this relative leniency emerged only in response to false, and not true, confessions. Conclusions. Results demonstrated that judicial instructions used in the present research mitigated the effect of camera perspective on mock‐juror judgments of suspect guilt.     

金融凭证诈骗罪疑难问题探析

金融凭证指银行及银行类金融机构依法办理银行业务所使用的结算凭证;伪造、变造的金融凭证除形式要件虚假之外还包括有权制作人或无权制作人违法制作不实内容、形式要件真实的金融凭证。"使用"只指直接兑现金融凭证记载的财产权利,不包括用其质押、展示等间接使用。使用作废金融凭证或只是冒用他人真实有效的金融凭证诈骗不构成金融凭证诈骗罪。采盗窃、抢劫、抢夺等手段获真实有效金融凭证冒用取财以其手段行为定侵犯财产罪。内外勾结利用职务之便使用伪造、变造的金融凭证取财应以主犯人身份构成的罪名定性。     

A Simple and Effective Physical Characteristic Profiling Method for Methamphetamine Tablet Seized in China

Methamphetamine (MA) tablet production confers chemical and physical properties. This study developed a simple and effective physical characteristic profiling method for MA tablets with capital letter “WY” logos, which realized the discrimination between linked and unlinked seizures. Seventeen signature distances extracted from the “WY” logo were explored as factors for multivariate analysis and demonstrated to be effective to represent the features of tablets in the drug intelligence perspective. Receiver operating characteristic (ROC) curve was used to evaluate efficiency of different pretreatments and distance/correlation metrics, while “Standardization + Euclidean” and “Logarithm + Euclidean” algorithms outperformed the rest. Finally, hierarchical cluster analysis (HCA) was applied to the data set of 200 MA tablet seizures randomly selected from cases all around China in 2015, and 76% of them were classified into a group named after “WY‐001.” Moreover, the “WY‐001” tablets occupied 51–80% tablet seizures from 2011 to 2015 in China, indicating the existence of a huge clandestine factory incessantly manufacturing MA tablets.     

Relatively Permanent Pigmented or Vascular Skin Marks for Identification: A Pilot Reliability Study

In child sexual exploitation offenses, the collected evidence images often show the skin of nonfacial body parts of the criminals and victims. For identification in this scenario, “relatively permanent pigmented or vascular skin marks,” abbreviated as RPPVSM, were recently introduced as the basis for a novel biometric trait. This pilot study evaluated the interexaminer variability of RPPVSM identification. Four dermatology physicians were recruited to examine RPPVSM from 75 skin images collected from a total of 51 Caucasian and Asian subjects. The images were separated into 50 reference (“suspect”) images and 25 evaluation (“evidence”) images. The examiners were asked to perform identification by annotating RPPVSM in each of the 25 evaluation images and matching them with the reference images. The rate of misidentification was 0% while the mean rate at which examiners failed to find a match was 6%, indicating the potential of dermatology physicians performing the role of RPPVSM examiners.     

Police interrogation

Abstract

We describe a study of more than 1000 interrogations by Metropolitan Police Officers. Obtaining a confession is found to be the paramount reason for interviewing a suspect. However, few suspects who did not initially confess changed their minds during the interview. 42% of suspects admitted their guilt—about the same number as obtained before tape recording of interviews was introduced. Strength of evidence and legal advice were the principal factors associated with confessing. The confession rate also varied according to which police station hosted the “interview”. An “accusatorial” style of questioning was associated with the possession of strong evidence against the suspect.     

The Reliability of Visually Comparing Small Frontal Sinuses*

Abstract: Several studies have investigated frontal sinus comparison for personal identification. One study addressed the statistical reliability of correct identification using automated digital methods and resulted in a 96% accuracy rate. Missed matches with the digital methods generally involved small, less featured sinuses. This study investigates the hypothesis that human examiners may be able to more accurately identify correct matches than digital methods, even when the comparisons involve small frontal sinuses. Participants were provided two sets of 28 radiographs and were instructed to identify matching radiographs and list the radiographs that did not have a corresponding match. Overall, error rates were low, with correct associations identified at a rate of 0.983. No incorrect associations (“false positives”) were made. Correct association rates were highest among participants “experienced” examining radiographs. Results support previous assertions that frontal sinus radiographs are a reliable means of personal identification even when the frontal sinuses are small.     

The identification of individuals by observational gait analysis using closed circuit television footage

This study investigated the ability of individuals with experience in gait analysis to identify people by observing features of gait recorded by closed circuit television cameras (CCTV). Seven experienced analysts each viewed five samples of footage. Each sample showed a “target walker” and five “suspect walkers.” The task of the experienced analysts was to determine which, if any, of the “suspect walkers” was the “target walker.” All of the participant “walkers” wore identical loose fitting clothing to mask anatomical and body contour features, and balaclavas to obscure facial features. The overall results showed that the experienced analysts made a correct decision in 124 of 175 cases (71%), significantly better than would have been expected to have occurred by chance (p < 0.05). A significant variation in correct decisions (p < 0.05) was shown to occur between the various angles from which the footage was recorded, footage recorded in the saggital plane showing the highest number of correct decisions. Significantly more correct decisions (p < 0.05) were also shown to occur when the footage of the “target walker” and that of the “suspect walker” were taken from the same angle. The results suggest that individuals with experience in gait analysis perform well in the comparative identification of suspects from CCTV footage, and therefore do have a role to play as expert witnesses in this field.     

Seizures of Clandestinely Produced Tablets in Santa Catarina,Brazil: The Increase in NPS from 2011 to 2017

Ecstasy is the name given to a large group of substances known as “club drugs” traded in the form of tablets, powder and liquid that present a varied composition, including mainly 3,4-methylenedioxymethamphetamine (MDMA) and analogous substances, in addition to the growing presence of new psychoactive substances. Based on this, clandestinely produced tablets (“ecstasy tablets”) seized by police in Santa Catarina in the period from 2011 to 2017 were analyzed. During the study period, 3472 seizures occurred, which resulted in total 498,443 tablets seized. Seventy nine substances were identified. In the year 2011, about 90% of the tablets contained MDMA. This number decreased to 66.6% in 2017. On the other hand, there was an increase in the number of tablets that mainly contained synthetic cathinones, as well as tryptamine and piperazine derivatives. Police seizures in the metropolitan region of Florianópolis and on the coast prevailed over the rest of the state.     

Young Children Exposed to Intimate Partner Violence Describe their Abused Parent: A Qualitative Study

The negative impact of intimate partner violence (IPV) begins early in the child’s relationship with a caregiver. Children’s relationships with, and internal working models of, abused parents have rarely been documented. The aim of this study was to collect and interpret young children’s accounts of their abused parent. Interviews were conducted with 17 children aged 4 to 12 years who had witnessed IPV. Thematic analysis identified three main themes and seven sub-themes: “Coherent accounts of the parent” (sub-themes of “general benevolence”, “provision of support, protection, and nurture”, and “parental distress”); “Deficient accounts of the parent” (“vague accounts” and “disorganized narrations”); and “The parent as a trauma trigger” (“avoidance” and “breakthrough of intrusive memories and thoughts”). The results indicate these children may hold integrated, deficient, or blocked internal representations of an abused parent, and they illustrate the benefit of including young children as informants in research.     

Phenolphthalein False‐Positive Reactions from Legume Root Nodules

Presumptive tests for blood play a critical role in the examination of physical evidence and in the determination of subsequent analysis. The catalytic power of hemoglobin allows colorimetric reactions employing phenolphthalein (Kastle‐Meyer test) to indicate “whether” blood is present. Consequently, DNA profiles extracted from phenolphthalein‐positive stains are presumed to be from blood on the evidentiary item and can lead to the identification of “whose” blood is present. Crushed nodules from a variety of legumes yielded phenolphthalein false‐positive reactions that were indistinguishable from true bloodstains both in color quality and in developmental time frame. Clothing and other materials stained by nodules also yielded phenolphthalein false‐positive reactivity for several years after nodule exposure. Nodules from leguminous plants contain a protein (leghemoglobin) which is structurally and functionally similar to hemoglobin. Testing of purified leghemoglobin confirmed this protein as a source of phenolphthalein reactivity. A scenario is presented showing how the presence of leghemoglobin from nodule staining can mislead investigators.     

The Legal Analog of the Principle of Bivalence

The principle of bivalence is the assertion that every statement is either true or else false. Its legal analog, however, must be formulated relative to particular legal systems and in terms of validity rather than truth. It asserts that every statement of law that can be formulated in the vocabulary of a given legal system is valid (correct) or else invalid (incorrect) in that system. A line of New York cases is traced, beginning with Thomas v. Winchester (1852). This case, which involved a poison mislabeled as a medicine, established an exception to the rule that a manufacturer or supplier is never liable for negligence to a remote purchaser. The court made an exception because a poison is an “imminently dangerous” thing. How far may this exception be applied to other fact‐situations? Some subsequent cases are examined, and it is considered whether there is no correct answer in these instances and, more dramatically, whether more than one correct answer is tenable. In either event the legal analog of bivalence would seem to fail.     

Influences of Childhood Abuse on Parenting Perspectives of Pregnant Cohabitors

Using thematic analysis, we examine the effects of childhood abuse regarding parenthood for pregnant cohabitors from qualitative interviews. Participants (N?=?18; 10 women and 8 men) recalled childhood abuse during the Adult Attachment Interview. Three themes emerged: (1) “Learning what not to do,” whereby abuse is discussed as something not to continue, and harmful toward children; (2) “Use but modify parents’ discipline,” whereby individuals state that they will employ methods of their parents, but in ways different for their children; and (3) “Ambiguous,” whereby discussions are unclear and confused about how the abuse will affect their parenting. These results suggest that even when pregnant cohabitors want to parent differently than their own parents, they may not have relevant models or skills. For practitioners, we suggest interventions aimed at providing alternative models for how to parent, and effective and appropriate disciplining methods, as ways to deter intergenerational abuse.     

How the probability of a false positive affects the value of DNA evidence

Errors in sample handling or test interpretation may cause false positives in forensic DNA testing. This article uses a Bayesian model to show how the potential for a false positive affects the evidentiary value of DNA evidence and the sufficiency of DNA evidence to meet traditional legal standards for conviction. The Bayesian analysis is contrasted with the "false positive fallacy," an intuitively appealing but erroneous alternative interpretation. The findings show the importance of having accurate information about both the random match probability and the false positive probability when evaluating DNA evidence. It is argued that ignoring or underestimating the potential for a false positive can lead to serious errors of interpretation, particularly when the suspect is identified through a "DNA dragnet" or database search, and that ignorance of the true rate of error creates an important element of uncertainty about the value of DNA evidence.     

Young children's classification of the corroboration of a false statement as the truth or a lie

This article reports on an investigation of children's definitions of the truth that can pertain to their ability to provide accurate information during an, investigation or trial: whether corroborating an inaccurate statement made by a parent is lying or telling the truth. Subjects were 133 preschool through third-grade children who were shown a videotape in which either a boy makes a false statement to a neighbor about the neighbor's daughter hitting him and his mother listens passively or a mother makes a similar false statement and the boy corroborates it. None of the children classified the corroboration as the truth. Only a small percent of the preschool and kindergarten children classified the boy's or mother's initial false statement as the truth; all of the older children classified these statements as a lie. About 20% of the children recalled incorrectly that the neighbor's daughter hit the boy.This project was supported with funds from the College Research Grant Fund of the College of Human Ecology, Cornell University. Great appreciation goes to several schools, including Groton Elementary (Joseph Amore, Principal), Montessori School of Ithaca (Carol Hill, Co-Administrator), Ithaca Community Child Care Center (Gloria Landis, Teacher), and Pinwheels Day Care Center (Kendra Maturo, Administrator). Virginia Alhusen, Ph. D., managed data collection and analysis for the project superbly.     

Selecting Lineup Foils in Eyewitness Identification Experiments: Experimental Control and Real-World Simulation

Experimental research on eyewitness identification follows a standard principle of experimental design. Perpetrator-present and perpetrator-absent lineups are constructed with the same foils, so that the two conditions are identical except for the presence or absence of the true perpetrator of the crime. However, this aspect of the design simulates conditions that do not correspond to those of real criminal investigations. Specifically, these conditions can create perp-absent lineups in which the foils are selected based on their similarity to an unknown person--the real perpetrator. Analysis of the similarity relations predicts that when foils for perp-absent lineups are selected based on their match to the perpetrator the false identification rate will be lower than if the foils are selected based on their match to the innocent suspect. This prediction was confirmed in an experiment that compared these two perp-absent lineup conditions. These results suggest that false identification rates in previous experiments would have been higher if the foils had been selected based on their match to the innocent suspect, rather than the absent perpetrator.     

The Effect of Exposure to Multiple Lineups on Face Identification Accuracy

This study examines the conditions under which an intervening lineup affects identification accuracy on a subsequent lineup. One hundred and sixty adults observed a photograph of one target individual for 60 s. One week later, they viewed an intervening target-absent lineup and were asked to identify the target individual. Two days later, participants were shown one of three 6-person lineups that included a different photograph of the target face (present or absent), a foil face from the intervening lineup present or absent), plus additional foil faces. The hit rate was higher when the foil face from the intervening lineup was absent from the test lineup and the false alarm rate was greater when the target face was absent from the test lineup. The results suggest that simply being exposed to an innocent suspect in an intervening lineup, whether that innocent suspect is identified by the witness or not, increases the probability of misidentifying the innocent suspect and decreases the probability of correctly identifying the true perpetrator in a subsequent test lineup. The implications of these findings both for police lineup procedures and for the interpretation of lineup results in the courtroom are discussed.     

民法诚信原则与劳动法适用之博弈论纲——以“奋斗者协议”和“自愿弃保”为例

"奋斗者协议"与"自愿弃保"案件背后隐含的法理可简概为民法诚信原则与劳动法适用问题。实践中的误读和误判、《民法典》缺失劳动权(益)之基本民事权利设置、共享经济下新型劳动用工和疫情与后疫情时代之多重叠加效应,导致了劳动法之"衰"与"殇"。民法诚信原则同样适用劳动法含社会保障法,所谓劳动法不能适用该原则或者民法思维模式都是不严谨之"伪"命题。劳动法适用诚信原则应当考量其特殊性,惩戒权适用时,应当遵循比例原则和有利原则,并不得涉及劳动者非职业行为即私人行为和排除社会保障权。任何排除或剥夺劳动者社会保障权的约定或规章都是无效的。后劳动合同义务适用诚信原则不能"选择性""遗漏"抗辩权,如果当事人依法行使抗辩权,则不能裁定其违反了诚信原则,否则就是"伪"民法思维模式。实习关系属于特殊的劳动关系,在实习法律规范严重缺失下,用具有弥补法律不足之价值与功能的诚信原则治理"虚假实习"完全必要而且可行。