The Effectiveness of Trace DNA Profiling—A Comparison Between a U.S. and a U.K. Law Enforcement Jurisdiction

Recovery, profiling, and speculative searching of trace DNA (not attributable to a body fluid/cell type) over a twelve‐month period in a U.S. Crime Laboratory and U.K. police force are compared. Results show greater numbers of U.S. firearm‐related items submitted for analysis compared with the U.K., where greatest numbers were submitted from burglary or vehicle offenses. U.S. multiple recovery techniques (double swabbing) occurred mainly during laboratory examination, whereas the majority of U.K. multiple recovery techniques occurred at the scene. No statistical difference was observed for useful profiles from single or multiple recovery. Database loading of interpretable profiles was most successful for U.K. items related to burglary or vehicle offenses. Database associations (matches) represented 7.0% of all U.S. items and 13.1% of all U.K. items. The U.K. strategy for burglary and vehicle examination demonstrated that careful selection of both items and sampling techniques is crucial to obtaining the observed results.     

Quantitative Determination of Cannabinoids in Cannabis and Cannabis Products Using Ultra‐High‐Performance Supercritical Fluid Chromatography and Diode Array/Mass Spectrometric Detection

Ultra‐high‐performance supercritical fluid chromatography (UHPSFC ) is an efficient analytical technique and has not been fully employed for the analysis of cannabis. Here, a novel method was developed for the analysis of 30 cannabis plant extracts and preparations using UHPSFC /PDA ‐MS . Nine of the most abundant cannabinoids, viz . CBD , ?⁸‐THC , THCV , ?⁹‐THC , CBN , CBG , THCA ‐A, CBDA , and CBGA , were quantitatively determined (RSD s < 6.9%). Unlike GC methods, no derivatization or decarboxylation was required prior to UHPSFC analysis. The UHPSFC chromatographic separation of cannabinoids displayed an inverse elution order compared to UHPLC . Combining with PDA ‐MS , this orthogonality is valuable for discrimination of cannabinoids in complex matrices. The developed method was validated, and the quantification results were compared with a standard UHPLC method. The RSD s of these two methods were within ±13.0%. Finally, chemometric analysis including principal component analysis (PCA ) and partial least squares‐discriminant analysis (PLS ‐DA ) were used to differentiate between cannabis samples.     

Emotions in the Early Common Law (c. 1166–1215)

Beyond dealing with wrongdoing and litigation, law has many other functions. It can be designed to make life more predictable, it can facilitate and promote certain actions, it can seek to prevent disputes by laying down rules, and provide routes to solutions other than litigation should disputes arise. All of these can have connections to matters of emotion. Using both lawbooks and records of cases from the Angevin period, the present article begins by looking at issues of land law rather than crime, and at law outside rather than inside court. It then returns to crime and litigation before exploring the significance of the nature of legal records for the relationship between emotion and law. In doing so, it pays attention to emotion in action, to uses of emotionally charged language, to appearances of the vocabulary of emotions, and to the routinized use of words that might at other times or in other contexts have an emotional element. Underlying the analysis is an exploration of the ways in which some aspects of law became more discrete from ordinary social practice and discourse, in this instance through elements of distancing from emotion.     

The Negligence Standard: Political Not Metaphysical

This contribution distinguishes two kinds of responsibility: the basic (or ‘metaphysical’) kind that we all inescapably have as functioning human beings; and the assignable (or ‘political’) kind that connects each of us with some particular tasks, and not with others. Having explored some differences between the two, and in particular the role of law's authority in connection with each, the discussion turns to the negligence standard, especially but not only as it figures in tort law. Recently, several philosophers have attempted to find a role for the negligence standard in the metaphysics of basic responsibility. This contribution resists that development and stands up for the traditional lawyer's view that the negligence standard belongs to the pliable politics of assignable responsibility. Basic responsibility, it is argued, is fundamentally strict.     

Does Mandatory Diversion to Drug Treatment Eliminate Racial Disparities in the Incarceration of Drug Offenders? An Examination of California’s Proposition 36

Objective

This paper addresses previous shortcomings in the literature on racial disparities in incarceration for drug offenders by taking advantage of a change in sentencing policy in California and a rich administrative dataset that is able to create a sample of comparable White and Black offenders.

Method

We use a nonparametric propensity weighting approach to identify similarly situated White and Black male offenders charged with drug-related offenses. We combine this approach with a difference-in-differences model to estimate the effect that a change in California sentencing law for convicted non-violent drug offenders had on racial disparities in prison and drug treatment dispositions.

Results

We find substantial reductions in the probability of a prison sentence after the policy change, but not differentially for Blacks. Blacks remain more likely to go to prison than similarly situated Whites after the policy, although the policy does lead to more referrals to treatment for Blacks.

Conclusions

This paper shows that even after comparing Blacks and Whites in similarly situated contexts that racial disparities in prison commitments remain after sentencing law changes that mandate diversion to drug treatment. The results suggests that addressing racial gaps in the commitments to state prisons will likely require more than shifting the eligibility of drug convictions for prison, as accumulated criminal histories are the primary driver of prison sentences. This means that expanding diversion options from prison alone will not reduce the racial gap in commitments to prison for drug offenses more than incrementally.

     

The Role of Site Variance in the American Judicature Society Field Study Comparing Simultaneous and Sequential Lineups

Objectives

Police departments often use photo lineups for eyewitness identification purposes. A widely adopted lineup reform designed to reduce eyewitness misidentifications involves switching from the standard simultaneous photo presentation format to a sequential format. These two lineup procedures were recently tested in the American Judicature Society (AJS) field study, which was conducted in four different police jurisdictions. The results from two phases of that investigation reached opposite conclusions as to which lineup procedure is superior, and the purpose of our current investigation was to elucidate the role of site variance in shaping those contrasting conclusions.

Methods

In previous analyses, the field study data were either (1) aggregated across all four study sites or (2) drawn from only one study site (Austin, Texas). Here, we analyze the data separately for the Austin study site, where 69 % of the eyewitnesses were tested, and the other three study sites combined, where 31 % of the eyewitnesses were tested.

Results

The results indicate significant site variance between the Austin and non-Austin study sites. In addition, the results suggest that aggregating the data across sites played a determinative role in creating the apparent disagreement about which lineup procedure is diagnostically superior.

Conclusions

Once large differences across the AJS study sites are taken into consideration, there is no longer any disagreement about which lineup procedure is superior. The simultaneous procedure is diagnostically superior to the sequential procedure, but the sequential procedure sometimes induces more conservative responding (a result that can and often does masquerade as diagnostic superiority).

     

Familial Identity Theft

Reports of identity theft in the U.S. have risen since the 2000s, which has resulted in financial losses into the billions. Along with this rise is the increased likelihood of familial identity theft. In this study, the differences between familial and non-familial identity theft were explored through the January–July 2012 Identity Theft Supplement collected with the National Crime Victimization Survey. Results showed that family member victims were likely to have experienced one type of identity theft more often than non-family victims were, personal information used for other fraudulent purposes, which included government benefits and driver’s licenses. Factors that allowed for a respondent’s personal information used for other fraudulent purposes included family membership, young persons in the household, and repeat victimization. Findings suggest that few factors can predict the likelihood to experience the misuse of personal information and that familial identity theft may be difficult to detect.     

Lessons from the New York Waterfront: Addressing the Risks of Drinking Water Contamination from Unregulated Contaminants

Perflourinated compounds, or PFCs, have been widely used in our industrialized society. Notably, they are used in the manufacture of non-stick coated bakeware and in firefighting foams designed to fight high heat fires. These unregulated chemicals have gotten into surface and groundwater sources of drinking water in locations around the United States and likely the world. Data shows widespread release, particularly near airports and air bases and near industrial production sites.

PFCs cause many health related impacts. Human exposure pathways include perinatal transfer, consuming contaminated water, and consuming contaminated fish. Clean Water Act permitting programs can address their release into waterways. Contaminated site clean-up laws can also be used to remove the source contamination. Granular activated carbon technology can remove most forms of the chemicals from drinking water. The case study of drinking water contamination in Newburgh, New York illustrates the PFC challenge, public reaction, and government response.