Effect of Sex Offenders Treatment Program on Cognitive and Emotional Characteristics of Mentally Ill Sex Offenders

This study assessed the effect of a 10‐week cognitive behavior treatment program in 30 mentally ill sex offenders. The effect of the program was evaluated using the Interpersonal Responsiveness Index (IRI), UCLA Loneliness Scale (UCLALS), Coping Using Sex Inventory (CUSI), and Rape Myth Acceptance Scale (RMAS). Data were analyzed using the paired t‐test. The ability of sex offenders to cope with sexual acts when they faced stressful situations and to accept the rape myth was significantly improved on CUSI (t = 2.09, p = 0.04) and RMAS (t = 5.45, p < 0.001). Feelings of isolation and the ability to empathize based on IRI (t = 0.62, p = 0.54) and UCLALS (t = 0.88, p = 0.38) were not significantly improved. To prevent recidivism, treatment for mentally ill sex offenders should focus on changes in their cognitive and emotional characteristics in addition to their main psychiatric illness.     

Monetary Costs of Gender and Ethnicity Disaggregated Group-Based Offending

Research on criminal careers has examined distinct longitudinal patterns of offending across unique trajectories of offenders and a recent study has linked the costs of criminal offending imposed by these unique trajectories, with a specific focus on chronic offenders. In this study, we use longitudinal data from the Second Philadelphia Birth Cohort Study to examine the extent to which the monetary costs of crime across distinct trajectories of crime vary across both gender and ethnicity. Results indicate that male adolescent-peaked and low and high-rate chronic offending impose substantial costs, and the average costs imposed on society by one male high-rate chronic offender is greater than 1.5 million. Although female chronic offending is rarer, these female offenders still impose greater than1.5 million. Although female chronic offending is rarer, these female offenders still impose greater than 750,000 in costs on average. African-American chronic-offending costs the most of any racial/ethnic trajectory group at greater than 1.6 million on average for each chronic offender. Hispanic chronic offending on average costs slightly more than1.6 million on average for each chronic offender. Hispanic chronic offending on average costs slightly more than 200,000, and low-rate White offending costs greater than $100,000 on average. Costs also appear to peak at different ages for males and females and for African-Americans, Hispanics, and Whites. Policy implications and study limitations are also discussed.     

Estimating Time Since Death from Postmortem Human Gut Microbial Communities

Postmortem succession of human‐associated microbial communities (“human microbiome”) has been suggested as a possible method for estimating postmortem interval (PMI) for forensic analyses. Here we evaluate human gut bacterial populations to determine quantifiable, time‐dependent changes postmortem. Gut microflora were repeatedly sampled from the proximal large intestine of 12 deceased human individuals as they decayed under environmental conditions. Three intestinal bacterial genera were quantified by quantitative PCR (qPCR) using group‐specific primers targeting 16S rRNA genes. Bacteroides and Lactobacillus relative abundances declined exponentially with increasing PMI at rates of N_t = 0.977e^?0.0144t (r² = 0.537, p < 0.001) and N_t = 0.019e^?0.0087t (r² = 0.396, p < 0.001), respectively, where N_t is relative abundance at time (t) in cumulative degree hours. Bifidobacterium relative abundances did not change significantly: N_t = 0.003e^?0.002t (r² = 0.033, p = 0.284). Therefore, Bacteroides and Lactobacillus abundances could be used as quantitative indicators of PMI.     

“Jurisdictional Realization of Law” as Judicium: A Methodological Alternative,Beyond Deductive Application and Finalistic Decision

The proposed reflection intends to present the problem of judicial adjudication as a substantially-axiologically founded autonomous moment on the practical realization of law, and to explore this understanding in confrontation with external exigencies, mostly teleologically determined—hence, beyond strict deductive application, as a (normativistic-positivistic) syllogistic reference of facts to norms, and finalistically determined decision, as an option among possible alternatives to achieve specific aims. The main objective is to enter into a discussion on the methodological meaning of “integrity”, “hard cases” and “right answer”, as presented by Ronald Dworkin, and a critical reflection on the criticism(s) of that approach levelled by Neil MacCormick, so as to confront the relevance of principle and policy arguments, in order to bring about a different methodological approach, an alternative jurisprudentialist conception of adjudication, incorporating a practical-normative constitutive dialectics between legal controversy and legal system, such as that presented by Castanheira Neves. The focus will, then, be the legitimacy of the connection of arguments of principle and consequentialist arguments in adjudication, its selection and its justification, stating, therefore, a specifically assumed judicium, a judicative decision, having the legal system as its horizon of normative reference and of substantial and institutional autonomy.

     

Effectiveness of Femur Bone Indexes to Segregate Wild from Captive Minks,Mustela vison,and Forensic Implications for Small Mammals

Utilization of free‐living populations of endangered wildlife species is usually strictly prohibited or restricted. Farming of endangered species can provide products that are in demand as a countermeasure. A novel forensic issue arises because it becomes necessary to discriminate the origin of given wildlife products. We tested the effectiveness of five measurements and four indexes of femur bone using farmed minks (n = 40) and escapees (n = 32). Results showed all measurements, namely body mass (L_f), body length (M_f), femur mass (V_f), femur length (M_b), and femur volume (L_b), were highly discriminatory. However, they are susceptible to the influence of nutrition level and sex. Femur length index (I_fl), femur linear density (D_l), and femur volume density (D_v) eliminated the influence of level of nutrition and were highly effective. However, I_fl and D_l were influenced by sex (p = 0.000). Because D_v was not influenced by sex (p = 0.683) and was highly effective, it was the preferred index.     

All Anchors Are Not Created Equal: The Effects of Per Diem versus Lump Sum Requests on Pain and Suffering Awards

This experiment examined whether different quantifications of the same damage award request (175,000 lump sum,175,000 lump sum, 10/hour, 240/day,240/day, 7300/month for 2 years) influenced pain and suffering awards compared to no damage award request. Jury-eligible community members (N = 180) read a simulated personal injury case in which defendant liability already had been determined. Awards were: (1) larger for the 10/hour and10/hour and 175,000 conditions than the 7300/month and control conditions and (2) more variable for the7300/month and control conditions and (2) more variable for the 10/hour condition than the $7300/month and control conditions. No differences emerged on ratings of the parties, their attorneys, or the difficulty of picking a compensation figure. We discuss the theoretical implications of our data for the anchoring and adjustment literature and the practical implications for legal professionals.     

REVIEW

Christopher Jones and F. Enrique Gonzalez-Diaz, ed Colin Overbury, The EEC Merger Regulation Joanne Conaghan and Wade Mansell, The Wrongs of Tort E. R. Hardy Ivumy (ed), Mozley & Whiteley's Law Dictionary William McCurthy (ed), Legal Intervention in Industrial Relations Brian W. Harvey, Violin Fraud: Deception, Forgery, Theft and the Law John Bell, French Constitutional Law Peter Birks, Restitution – The Future, Sydney Andrew Burrows, The Law of Restitution Gillian Davies and Michele Hung, Music and Video Private Copying: An International Survey of the Problem and the Law     

Publication and Research Trends in Police Psychology: A Review of Five Forensic Psychology Journals

Police psychology (PP) articles in five forensic psychology journals (Behavioral Sciences and the Law; Criminal Justice and Behavior; Law and Human Behavior; Legal and Criminological Psychology; Psychology, Crime, and Law) were identified in order to examine PP publication and research trends within the field of forensic psychology. A level of interest (LI) score was calculated by dividing the total number of pages dedicated to PP articles by the total number of journal pages. Article characteristics (e.g., research location, topic) were also coded. The overall LI-score across all journals was 0.13, with Legal and Criminological Psychology having the highest LI-score. Results also showed that interest in PP research is growing, particularly in Law and Human Behavior and Criminal Justice and Behavior. PP research has primarily been conducted in the United States, dedicated to operational issues, and experimental in nature. The alignment of these research trends with practice is discussed.

Screening Test for Shed Skin Cells by Measuring the Ratio of Human DNA to Staphylococcus epidermidis DNA

A novel screening method for shed skin cells by detecting Staphylococcus epidermidis (S. epidermidis), which is a resident bacterium on skin, was developed. Staphylococcus epidermidis was detected using real‐time PCR. Staphylococcus epidermidis was detected in all 20 human skin surface samples. Although not present in blood and urine samples, S. epidermidis was detected in 6 of 20 saliva samples, and 5 of 18 semen samples. The ratio of human DNA to S. epidermidisDNA was significantly smaller in human skin surface samples than in saliva and semen samples in which S. epidermidis was detected. Therefore, although skin cells could not be identified by detecting only S. epidermidis, they could be distinguished by measuring the S. epidermidis to human DNA ratio. This method could be applied to casework touch samples, which suggests that it is useful for screening whether skin cells and human DNA are present on potential evidentiary touch samples.     

A Geometric Morphometric Approach to Sex Determination of the Human Adult Os Coxa

Abstract: Sex determination of the human skeleton is best assessed from the os coxa. The present study explored the possibility of using three‐dimensional landmark coordinate data collected from various landmarks located over the entire bone to determine whether there were significant sex differences local to the landmarks. Thirty‐six landmarks were digitized on 200 African American and European American male and female adult human os coxae. MANCOVA results show that sex and size have a significant effect on shape for both European Americans (Sex, F = 17.50, d.f. = 36, 63, p > F = 0.0001; Size, F = 2.56, d.f. = 36, 63, p > F = 0.0022) and African Americans (Sex, F = 21.18, d.f. = 36, 63, p > F = 0.0001; Size, F = 2.59, d.f. = 36, 63, p > F = 0.0005). The discriminant analysis shows that sexing accuracy for European Americans is 98% for both males and females, 98% for African American females, and 100% for African American males.     

Identification and Individualization of Lophophora using DNA Analysis of the trnL/trnF Region and rbcL Gene

Lophophora williamsii (peyote) is a small, spineless, greenish‐blue cactus found in Mexico and the southwestern United States. Ingestion of the cactus can result in hallucinations due to its content of mescaline. In the United States, L. williamsii is classified as a Schedule I controlled substance. In this study, we use DNA analysis of the chloroplast trnL/trnF region and chloroplast rbcL gene to identify the individuals of Lophophora. Using the rbcL gene, Lophophora specimens could be distinguished from outgroups, but species within the genus could not be distinguished. The trnL/trnF region split the Lophophora genus into several groups based on the length and substructure of an AT‐rich segment of the sequence. Our results indicate that the genetic variability at the trnL/trnF locus is greater than previously recognized. Although DNA structures at the trnL/trnF region and rbcL gene do not align with the classification of Lophophora species, they can be used to aid in forensic analysis.     

REVIEWS

Brian McKnight, Law and Order in Sung China Ross Cranston and Roy Goode (eds), Commercial and Consumer Law: National and International Dimensions Roger W. Shuy, Language Crimes: The Use and Abuse of Language Evidence in the Courtroom Richard Nobles, Pensions, Employment and the Law Andrew Rutherford, Criminal Justice and the Pursuit of Decency Eric Stockdale and Sylvia Casale (eds), Criminal Justice Under Stress Geoffrey M. Stephenson, The Psychology of Criminal Justice     

Hans Kelsen's Normativist Reductionism

Abstract. This paper discusses Kelsen's attempt at reducing the concept of subjektives Recht (what is subjectively right) to that of objektives Recht (what is objectively right). This attempt fails, it is argued, because in Kelsen's theory the concept of subjektives Recht survives concealed within the concept of individual norm (individuelle Norm), a norm that, pace Kelsen, is not a case of what is objectively right (objektives Recht) but is precisely what is subjectively right (subjektives Recht): We could call it “what is individually right.”     

An Evidence‐Based Forensic Taxonomy of Windows Phone Communication Apps

Communication apps can be an important source of evidence in a forensic investigation (e.g., in the investigation of a drug trafficking or terrorism case where the communications apps were used by the accused persons during the transactions or planning activities). This study presents the first evidence‐based forensic taxonomy of Windows Phone communication apps, using an existing two‐dimensional Android forensic taxonomy as a baseline. Specifically, 30 Windows Phone communication apps, including Instant Messaging (IM) and Voice over IP (VoIP) apps, are examined. Artifacts extracted using physical acquisition are analyzed, and seven digital evidence objects of forensic interest are identified, namely: Call Log, Chats, Contacts, Locations, Installed Applications, SMSs and User Accounts. Findings from this study would help to facilitate timely and effective forensic investigations involving Windows Phone communication apps.     

Reviews

Anderson, Bruce ‘Discovery’ in Legal Decision-Making Unger, Roberto Mangabeira What Should Legal Analysis Become? Susskind, Richard The Future of Law: Facing the Challenges of Information Technology Cranston, Ross (ed.) Legal Ethics and Professional Responsibility Sohrab, Julia, A. Sexing the Benefit: Women, Social Security and Financial Independence in EC Sex Equality Law Morse, Geoffrey; Williams, David and Slater, David Davies: Principles of Tax Law Herget Contemporary German Legal Philosophy     

The Winds of Change Blow Again: The World Trade Organisation's Impact on the European Community's Common Agricultural Policy

This paper examines the legal relationship between the World Trade Organisation'sAgreement on Agriculture and the European Community's Common Agricultural Policy (CAP), in light of the reopening of the WTO Agricultural Negotiations in the Millennium Round. It also examines the impact of the Uruguay Round Agreement on Agriculture, on the Mac Sharry reforms of the CAP. An in depth study of the EC's Cereals Common Organisation is included. This revised version was published online in August 2006 with corrections to the Cover Date.     

Reviews

Keith Hawkins (ed), The Uses of Discretion , Oxford: Clarendon Press, 1992, xiii + 431 pp, hb £45.00. Andrew Bainham with Stephen Cretney, Children: The Modern Law Mike Maguire, Rod Morgan and Robert Reiner (eds), The Oxford Handbook of Criminology Jaime Oraa, Human Rights in States of Emergency in International Law Joan Fitzpatrick, Human Rights in Crisis: The International System for Protecting Human Rights During States of Emergency Stephen M. Schwebel, Justice in International Law J. Eekelaar and M. Maclean (eds), A Reader on Family Law     

REVIEWS

Robert Stevens, The Independence of the Judiciary: The View from the Lord Chancellor's Office Cass R. Sunstein, The Partial Constitution Simon Frith (ed), Music and Copyright Alan S. Rosenbaum, Prosecuting Nazi War Criminals Eric Barendt, Broadcasting Law: A Comparative Study Carol A.G. Jones, Expert Witnesses: Science, Medicine and the Practice of Law Rolando Gaete, Human Rights and the Limits of Critical Reason Jane Stapleton, Product Liability     

Reviews

Duncan Kennedy, Sexy Dressing etc. Essays on the Power and Politics of Cultural Identity David Frank Ross, J. Don Read and Michael P. Toglia (eds), Adult Eyewitness Testimony: Current Trends and Developments Michael J. Trebilcock, The Limits of Freedom of Contract Andrew Grubb (ed), Decision-Making and Problems of Incompetence Abimbola A. Olowofoyeku, Suing Judges: A Study of Judicial Immunity Jennifer Gunning and Veronica English, Human In Vitro Fertilisation: A Case Study in the Regulation of Medical Innovation Joseph Vining, From Newton's Sleep     

Dharmakīrti on the role of causation in inference as presented in Pramāṇavārttika Svopajñavṛtti 11–38

In the svārthānumāna chapter of his Pramāṇavārttika, the Buddhist philosopher Dharmakīrti presented a defense of his claim that legitimate inference must rest on a metaphysical basis if it is to be immune from the risks ordinarily involved in inducing general principles from a finite number of observations. Even if one repeatedly observes that x occurs with y and never observes y in the absence of x, there is no guarantee, on the basis of observation alone, that one will never observe y in the absence of x at some point in the future. To provide such a guarantee, claims Dharmakīrti, one must know that there is a causal connection between x and y such that there is no possibility of y occurring in the absence of x. In the course of defending this central claim, Dharmakīrti ponders how one can know that there is a causal relationship of the kind necessary to guarantee a proposition of the form “Every y occurs with an x.” He also dismisses an interpretation of his predecessor Dignāga whereby Dignāga would be claiming non-observation of y in the absence of x is sufficient to warrant to the claim that no y occurs without x. The present article consists of a translation of kārikās 11–38 of Pramānavārttikam, svārthānumānaparicchedaḥ along with Dharmakīrti’s own prose commentary. The translators have also provided an English commentary, which includes a detailed introduction to the central issues in the translated text and their history in the literature before Dharmakīrti.