Can analysis of a small clod of soil help to solve a murder case?

Soil forensics utilizes extensive soil information to answer legal questions and test hypotheses. The main difficulty often is the determination of different variables from a small amount of soil sample collected on the suspect. We developed a sequential mineralogical and chemical analyses to assess a limited quantity of soil vestiges (0.5 g) from a suspect's vehicle (adhered to the outside rear-view mirror and to the left front fender) involved in a murder case and compared them with the surface samples found at the victim's body disposal site at the Graciosa Road, Paraná State, Brazil. All results affirm that the suspect’s vehicle could have been in contact with the edge of the Graciosa Road, approximately the place where the victim’s body was located. As a result of the soil analysis and comparison, the results support the likely contact of the suspect’s vehicle with the crime scene.     

Is Deterrence Effective? Results of a Meta-Analysis of Punishment

It is supposed that threats of punishment deter potential criminals from committing crimes. The correctness of this theory is, however, questionable. Numerous empirical investigations have come to different results. In this article a meta-analysis is described which tries to find out the reasons for the different findings. First evaluations indicate that the methods of research have an influence on the results and that a possible deterring effect of the penal law can only be covered reasonably with a very differentiating model. Not all criminal acts can be influenced by deterrence. It appears that the most significant deterrent effects can be achieved in cases of minor crime, administrative offences and infringements of informal social norms. In cases of homicide, on the other hand, the meta-analysis does not indicate that the death penalty has a deterrent effect. According to the results, the validity of the deterrence hypothesis must be looked at in a differenciated manner.     

Can a prison be self-managed? A study of the informal organisation of a bolivian prison

The purpose of this study is to investigate the unique prisons of Bolivia. Their main features include the presence of wives and children, self-management of activities within the prison and the opportunity for inmates to take part in various activities. In particular, the general organisation of the prisons and the inmates’ experience, especially on an interpersonal level, is described in this study. The obtained data shows that functional and effective experiences of social rehabilitation can be promoted even under extreme conditions and, in some cases, this provides important insights into the prison systems of most developed countries.

     

Lak?a?ā as a Creative Function of Language

When somebody speaks metaphorically, the primary meanings of their words cannot get semantically connected. Still metaphorical uses succeed in conveying the message of the speaker, since lak?a?ā, a meaning-generating faculty of language, yields the suitable secondary meanings. Ga?ge?a claims that lak?a?ā is a faculty of words themselves. One may argue: “Words have no such faculty. In these cases, the hearer uses observation-based inference. They have observed that sometimes competent speakers use the word w in order to mean s, when p, the primary meaning of w does not make any semantic sense. In all such cases, s is actually related to p. After having observed this, when the hearer hears the utterance of w, and realizes that w’s primary meaning p is semantically unfit for the sentence-meaning, they infer on the basis of their prior observation that ‘the competent speaker must mean s by uttering w’. Thus lak?a?ā becomes a success.” This apparently well-argued reduction does not stand the critical examination; neither in Ga?ge?a’s framework, nor even in the general theory of language. For one can compose and interpret potentially infinite novel sentences based on lak?a?ā while the observational inferences one can make are finite. Ga?ge?a says very clearly that as far as the secondary meaning is concerned, no prior observation is required. This paper will argue that not only does language yield secondary meanings through lak?a?ā, but it also restricts the use of secondary meanings; for one cannot mean just anything by saying something. Lak?a?ā is a creative function with infinite potential within the limits set up by the language faculty.     

Mission impossible? Assessing the veracity of a mental health problem as result of a road traffic accident: a preliminary review of UK experts’ practices

The number of people claiming for personal injury after being involved in a road traffic accident (RTA) in the UK continues to soar. In April 2015, the UK Government intervened to implement measures aimed at reducing the prevalence of fraud within such personal injury claims. However, these reforms did not include claims for mental disorder that arise because of a RTA despite being responsible for substantially larger payouts in comparison with claims for whiplash. The present study examines the assessment practice for detecting fraudulent claims of this nature using a mixed methods survey analysing UK medico-legal professionals’ assessment methodologies (N = 37). The findings suggest comprehensively that assessment practices in this field are idiosyncratic. The findings evidence limitations in all aspects of the assessment process from medico-legal assessors being asked to undertake examinations without the presence of medical records to 44% of examiners being unaware of the three types of malingering. The article concludes with recommendations for improving both assessments and the assessment process for assessing RTA claimants in the UK.     

Foundations for a ‘secret history’ of judicial review: a study of exclusion as bureaucratic routine

This article considers the effective exclusion of judicial review created by the treatment of urgent applications for funding by the Legal Aid Agency. Drawing upon new empirical evidence, I show that the recent approach of the Agency to urgent applications for judicial review funding was presenting lawyers with a dilemma of having to choose between three unhelpful options: risk doing work that was unpaid; refuse a case and put a client at risk; or wait for a decision before doing work and put a client at risk due to delay. It is very difficult, if not impossible, to extract – or even construct through imagination – a satisfactory justification for why the administration of a policy preference for a more restrictive legal aid system ought to incorporate a device of this kind. Though this analysis focuses on one small aspect of judicial review in practice, this article demonstrates the need for further and wider work on exclusions from judicial review. It also offers an example of the complex nature of exclusions in judicial review. Finally, it provides some instructive lessons on the challenges that further inquiry into exclusions of judicial review may encounter.     

Improving Children's Recall of an Occurrence of a Repeated Event: Is It a Matter of Helping Them to Generate Options?

Three experiments were conducted to explore whether children's recall of an occurrence of a repeated event could be improved by encouraging them to consider various details that occurred across a series of events prior to making a judgement about which details were included in the target (to-be-recalled) occurrence. Experiment 1 explored whether children's recall of the target occurrence was better after the interviewer presented all the items from the series prior to the child identifying the final item. Experiment 2 explored whether having the children generate all the items facilitated their subsequent recall of the target occurrence. Finally, Experiment 3 directly compared the effectiveness of the above 2 procedures. Regardless of the children's age, the retention interval, or the type of item, children's capacity to identify which details were included in a target occurrence was enhanced when they were initially provided with all the possible details from the series of events. However, without relying on the interviewer to generate the options, the benefit of the technique was directly contingent on the children's ability to generate content details; this was a distinct source of difficulty for the children. Indeed, having children generate options had no beneficial effect on decisions about the temporal position of items unless performance was made conditional on the children's ability to remember the relevant details in the first place. The implications of the findings for the legal setting and for future research are discussed.     

Justice at risk! An evaluation of a pseudoscientific analysis of a witness’ nonverbal behavior in the courtroom

Psychology and law have developed as disciplines through rigorous data collection, exploration and analysis, and the publication of findings through peer-review processes. Such findings are then used to implement evidence-based practices within a variety of settings. However, in parallel to factually and scientifically based knowledge, ‘alternative’ science, or pseudoscience, has gained in popularity. The present case study aims to evaluate the empirical evidence and theoretical underpinnings of a publically accessible analysis of a suspected serial killer’s nonverbal behavior during a bond hearing published online by two ‘synergologists’. The case study emphasizes how a ‘synergological’ analysis to understanding and interpreting human behavior fails to use empirical data, making generalized inferences based on erroneous assumptions. The case study also highlights the detrimental effects such assumptions may have within the justice system and why pseudoscientific analytical approaches should be vigorously challenged by research scientists.     

Embutramide,a Component of Tanax®(T‐61) as a New Drug of Abuse?

Tanax^®(T‐61) is a euthanasia solution commonly used in veterinary medicine in Europe. It consists of three active components: embutramide, mebezonium iodide, and tetracaine hydrochloride. Human consumption of Tanax^®(T‐61) is usually associated with suicide attempts. In our 15‐year‐long practice, embutramide was detected only three times but within a short period. First, it was found in the urine of a 42‐year‐old veterinarian, and the other two observations were made in a 16‐year‐old young man. Urine samples were analyzed using Shimadzu Prominence TOX.I.S.II. HPLC–DAD system with online SPE extraction system. Both of the two patients denied any intention to die. These cases show that this veterinary drug may also be considered as potential drugs of abuse.     

Is Coercion a Ground of Distributive Justice?

In his rich and stimulating book, Blake argues (among other things) that comprehensive coercion triggers egalitarian obligations of distributive justice. I argue that (1) coercion is not a necessary condition for egalitarian justice to apply; (2) Blake’s use of a moralised conception of coercion is a mistake; (3) coercion is a redundant member of any set of sufficient conditions that might explain why distributive justice applies; (4) Blake’s emphasis on providing conditions for the exercise of autonomy might support a much more cosmopolitan theory of distributive justice.     

Bilateral fractures of transverse processus: a diagnostic sign of overrun?

Injuries caused by traffic accidents can be complex and extensive. Due to the highly dynamic course of actions, reconstructive questions may be challenging to investigators. Differentiation of a single collision from an overrun is a central question. We hypothesized that the existence of spine fractures such as spinous and transverse processus fractures may be helpful to distinguish both. The postmortem CT-data of pedestrian fatalities were analyzed in a retrospective manner. A group finally assessed as being overrun (n=13; 7 m, 6 f, 18-86 y, mean 65 y) and a control group being hit but not overrun (n=11; 7 m, 4 f, 31-89 y, mean 61 y) were compared. Secondarily, the CT results were compared to the localization of fractures detected in routine autopsy. Cases in the overrun group showed 1-31 fractures of processus (mean 14.6) and 9 cases presented with bilateral fractures of partly opposite transverse processus. In the control group there were 6 cases without any fractures and 5 cases showed 1-9 injuries (mean 1.7). There were no bilateral fractures of transverse processus in the control group. Autopsy only detected fractures of spinous processus in 4 cases from the overrun group. Bilateral fractures of transverse processus are a possible sign for an overrun. Unilateral fractures of the transverse processus are not specific. Post-mortem CT is more sensitive for the evaluation of vertebral processus than conventional autopsy.     

‘Hotspot policing’: a comparative analysis of sanctioned acts of policing versus media representations of policing in a stigmatized community in Trinidad

The ‘Partial State of Emergency’ implemented in Trinidad and Tobago in August 2011, as well as media broadcasts on the crime situation, has brought to the forefront the high degree of interface between police officers and civilians within the identified ‘hotspot communities’. The assumed realities of these individuals were communicated in such a manner which led to the stereotyping of citizens as marginalized victims and police officers as ‘disrespectful bullies’. The media broadcasts reflected the act of policing as unitary, as opposed to encompassing a wide range of roles for interaction with civilians. These broadcasts revealed a high degree of violent physical displays by police officers, which were perceived as irrational, and in some instances inhumane. Despite community policing initiatives, there seem to be continued instances of problematic relations between police officers and civilians from ‘hotspot communities’. The research examined the sanctioned responses of police officer governing interaction with civilians from one of these communities. It highlighted the extent to which these endorsed reactions are contextually portrayed in media footage. The study described the determinants governing police use of force as evidenced in the media with the aim of providing a direction for redress during interaction.     

Mock jurors’ perceptions of a child witness: the impact of the presence and/or intervention of a registered intermediary during cross-examination

ABSTRACT

In recent years Registered Intermediaries (RIs) have been involved in facilitating communication in children's investigative interviews and trial proceedings. Their presence and interventions are generally deemed to have a positive impact on child engagement, but their impact on jury appraisal of evidence, during cross-examination is unclear. This study addressed this issue in a more ecologically valid context than that previously used. Adult mock juror participants (N?=?217) watched a video-recording of a mock cross-examination of a child witness in which a RI was present or absent, and in which RI type interventions were either included or omitted. The participants rated the quality of the cross-examination and the child's responses in relation to child credibility, child understanding, legal professional's behaviour, and trial progression. Findings indicated that RI presence or absence, and inclusion or omission of interventions had no effect on mock juror ratings. However, an interaction between these variables demonstrated that mock jurors rated trial progression towards a guilty verdict according to which court professional did, or did, not intervene. The findings also demonstrated that mock jurors based their assessment of trial progression towards a guilty verdict on the evidence presented, and that child understanding per se was irrelevant.     

The use of telepsychiatry within forensic practice: a literature review on the use of videolink – a ten-year follow-up

In the last decade, telepsychiatry – the use of telecommunications technologies to deliver psychiatric services from a distance – has been increasingly utilised in many areas of mental health care. Since the review by Khalifa and colleagues in 2007 the body of literature relevant to the forensic applications of telepsychiatry has grown substantially, albeit not by much in the United Kingdom. In the current review, we aim to provide an update summary of the literature published since 2007 to determine the effectiveness and feasibility of increasing telepsychiatry utilisation in forensic practice. The literature reviewed provides some encouraging evidence that telepsychiatry is a reliable, effective and highly acceptable method for delivering mental health care in forensic settings. There are also a number of papers that indicate the use of telepsychiatry may be cost effective for health providers in the longer term. Further research is required to consider the potential legal and ethical implications of using telepsychiatry in forensic settings.     

"Natural death" of a patient with a deactivated implantable-cardioverter-defibrillator (ICD)?

A 66-year-old patient with terminal heart insufficiency (NYHA IV) received maximum medical therapy, but was also in need of an implantable-cardioverter-defibrillator (ICD). The ICD functioned flawlessly for the whole duration of implantation. It reverted several ventricular tachycardias with anti-tachycardial pacing alone, whereas some needed cardioversion as well. The patient died on the fourth day of hospitalization for a routine check of his ICD. The post-mortem examination revealed, that the ICD was deactivated and that the data had been erased after the patient's death. By reading off the raw data still stored within the ICD, the erased information could be restored. The stored EGMs showed traces of old ICD interventions as well as a permanent deactivation provoked by exposition to a magnetic field just hours before the patient's death. The problem of archiving and documenting the volatile electronic data inside the ICD is discussed. The need of a full autopsy after telemetric reading of the ICD data, including the explantation of the ICD aggregate and electrodes, as a means of quality assurance and under forensic aspects is emphasized.