Legal perceptions of forensic DNA profiling part I: a review of the legal literature

A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.     

Organelle DNA haplotypes reflect crop-use characteristics and geographic origins of Cannabis sativa

Comparative sequencing of cannabis individuals across 12 chloroplast and mitochondrial DNA loci revealed 7 polymorphic sites, including 5 length variable regions and 2 single nucleotide polymorphisms. Simple PCR assays were developed to assay these polymorphisms, and organelle DNA haplotypes were obtained for 188 cannabis individuals from 76 separate populations, including drug-type, fibre-type and wild populations. The haplotype data were analysed using parsimony, UPGMA and neighbour joining methods. Three haplotype groups were recovered by each analysis method, and these groups are suggestive of the crop-use characteristics and geographical origin of the populations, although not strictly diagnostic. We discuss the relationship between our haplotype data and taxonomic opinions of cannabis, and the implications of organelle DNA haplotyping to forensic investigations of cannabis.     

Population data from sub-populations of the Northern Territory of Australia for 15 autosomal short tandem repeat (STR) loci

It is a requirement that forensic DNA profiling evidence be accompanied by an estimation of its weight, in order that the court can assign an appropriate probative value to the evidence during legal proceedings. There are various models by which this estimation can be made, but each relies on approximations of the allele frequencies in the relevant population. It is also important to assess relevant population genetic features of the available data. This report provides allele frequencies and estimates of common population genetic parameters for the major sub-populations of the Northern Territory of Australia genotyped at 15 autosomal short tandem repeat (STR) loci.     

Institutional shrinkage: The deviant case of Swiss banking secrecy

Using the Mahoney–Thelen causal model one would expect “layering” to be the dominant kind of institutional change affecting Swiss banking secrecy. Our research into governance in Swiss banking shows that it does not fit this theoretical model. Applying deviant case analysis we have refined our understanding of institutional change. We argue that the removal of rules and the momentum of pressure should be acknowledged when explaining variations of institutional change and we suggest that the processes of shrinkage should not be ignored.     

Are the perpetrators of violence one and the same? Exploring the co-occurrence of perpetration of physical aggression in the United States

Important gaps exist in our understanding of aggressive behavior and the extent to which aggression involves one or more types of victims. This information is critical for determining the utility of integrated approaches for violence prevention versus continuation of independent efforts for reducing community violence, partner violence, and child maltreatment. To better understand the overlap in aggressive behaviors within the general population, the authors examine the co-occurrence of self-reports of physically striking strangers, acquaintances, intimate partners, and children among a nationally representative sample of 3,024 U.S. adults. The findings from this cross-sectional random digit dial telephone survey show that more than a third of the population reports engaging in at least one form of aggression and that, of these, a third had perpetrated violence against more than one type of victim. The percent of respondents who reported perpetrating violence against more than one type of victim range from 13% (percent of those striking a friend or acquaintance who also struck a child) to 34% (percent of those striking a friend or acquaintance who also struck a stranger). Furthermore, engaging in one type of aggression substantially increases the odds of engaging in another from 1.5 to 4 times. The findings suggest potential value in pursuing both integrated and independent approaches in research and prevention.     

Supporting local climate adaptation planning and implementation through local governance and decentralised finance provision

Policies developed at national levels can be unresponsive to local needs. Often they do not provide the rural poor with access to the assets and services they need to allow them to innovate and adapt to the ways that increased climate variability and change exacerbate challenges to basic securities – food, water, energy, and well-being. In development deficit circumstances, common pool resources are important for climate adaptation purposes. In order for climate adaptation actions to deliver resilience, local perspectives and knowledge need to be recognised and given due priority in formal planning systems. Basing formal adaptive development planning on local strategies can support and strengthen measures that people have been tested and know to work. Local climate adaptation through collective action can address current increases in climate variability, future incremental changes, and the need to transform existing systems to deal with qualitative shifts in climate. These types of adaptation can work in cumulative ways. The results of local adaptation collective action that have benefits of low rivalry between users while being highly inclusive can be considered “local public goods”. Evidence is beginning to emerge that when local governance systems facilitate high levels of participation in planning collective action for climate adaptation, and direct access to resources for implementing local plans, “local public goods” can be created and common pool resources better managed.     

International Norms and National Indigenous Politics: Mapuche Demands for Territory in Chile

Indigenous movements have increasingly turned to the global arena to achieve their political goals at the national level. Using the norm diffusion model, the present article analyzes the relationship between the international indigenous rights regime (IRR) and the conceptualizations of indigenous territory used by four Mapuche organizations in Chile over the last 10 years. We find that the organizations draw on the IRR to frame their demand for autonomous territories based on historical Mapuche practices. We identify two conceptualizations: (1) a larger territory with political but not economic autonomy and (2) a smaller natural-cultural space characterized by a distinctive economic logic.     

Listening to voices: The use of phenomenology to differentiate malingered from genuine auditory verbal hallucinations

The experience of hearing a voice in the absence of an appropriate external stimulus, formally termed an auditory verbal hallucination (AVH), may be malingered for reasons such as personal financial gain, or, in criminal cases, to attempt a plea of not guilty by reason of insanity. An accurate knowledge of the phenomenology of AVHs is central to assessing the veracity of claims to such experiences. We begin by demonstrating that some contemporary criminal cases still employ inaccurate conceptions of the phenomenology of AVHs to assess defendants' claims. The phenomenology of genuine, malingered, and atypical AVHs is then examined. We argue that, due to the heterogeneity of AVHs, the use of typical properties of AVHs as a yardstick against which to evaluate the veracity of a defendant's claims is likely to be less effective than the accumulation of instances of defendants endorsing statements of atypical features of AVHs. We identify steps towards the development of a formal tool for this purpose, and examine other conceptual issues pertinent to criminal cases arising from the phenomenology of AVHs.     

Global Cities as Market Civilisation

Building upon interdisciplinary efforts to understand the origins, logic and significance of global cities, this article argues that global cities should be seen as a critical component and outcome of a political project to generate a global market society. Global cities should be seen as the successful implementation of free-market political philosophy, constructed and defended by a particular historical configuration of international society. The historical transformation of urban form signalled by the "global city" concept is tightly bound to the neoliberal restructuring of the world economy in the 1970s, underpinned by US hegemonic power. The first part of this article argues that the distinctive historical origin of global cities has shaped their current trajectories and draws the horizon of their future prospects. Having established the connection between liberal world order and global cities, the second part of the article argues that the contemporary form of the global city is under threat from two sources. The first threat is internal to the global city form itself. Global cities have internalised the contradictory forces of market liberalism. They have registered astonishing economic growth over the last four decades, and generated vast material and intellectual resources. But, at the same time, they have become deeply divided and polarised in ways that threaten the urban fabric. The second source of threat comes from the possible weakening or collapse of liberal world order, with the accelerating decline of US hegemony. Drawing on aspects of Karl Polanyi's analysis of the nineteenth-century "great transformation", the article argues that a number of future trajectories for the global city can be identified in the contemporary moment.