A mixed DNA profile controversy revisited

Semaan et al. (J Forensic Res, 2020, 11, 453) discuss a mock case “where eight different individuals [P₁ through P₈] could not be excluded in a mixed DNA analysis. Even though … expert DNA mixture analysis software was used.” Two of these are the true donors. The LRs reported are incorrect due to the incorrect entry of propositions into LRmix Studio. This forced the software to account for most of the alleles as drop-in, resulting in LRs 60–70 orders of magnitude larger than expected. P₁, P₂, P₄, P₅, and P₈ can be manually excluded using peak heights. This has relevance when using LRmix which does not use peak heights. We extend the work using the same two reference genotypes who were the true contributors as Semaan et al. (J Forensic Res, 2020, 11, 453). We simulate three two-donor mixtures with peak heights using these two genotypes and analyze using STRmix?. For the simulated 1:1 mixture, one of the non-donors’ LRs supported him being a contributor when no conditioning was used. When considered in combination with any other potential donors (i.e., with conditioning), this non-donor was correctly eliminated. For the 3:1 mixture, all results correctly supported that the non-donors were not contributors. The low-template 4:1 mixture LRs with no conditioning showed support for all eight profiles as donors. However, the results from pair-wise conditioning showed that only the two ground truth donors had LRs supporting that they were contributors to the mixture. We recommend the use of peak heights and conditioning profiles, as this allows better sensitivity and specificity even when the persons share many alleles.     

Realizing the Right to Access in France: Between Implementation and Activation

This article explores the realization of the right to access in France, based on biographical interviews with people with mobility or visual impairments. I lay out an original theoretical framework for studying rights realization at the individual level. Although rights activation is the horizon of most rights consciousness research, I argue that rights do not necessarily need to be activated in order to be made real. This realization may also derive from effective policy implementation. In France, however, disabled individuals are very active in realizing their right to access, in a context of insufficient implementation. Moreover, although there is limited collective mobilization, several types of policy feedbacks fuel rights activation and the emergence of grievances regarding the lack of accessibility. Studying the realization of the right to access thus opens up promising perspectives for sociolegal research.     

Prisons or Problem-Solving: Does the Public Support Specialty Courts?

ABSTRACT

Recently, “problem-solving” courts have been developed as an alternative to imprisonment. They are often called “specialty” courts because they process and divert into treatment programs offenders who are seen as different from the general criminal population, such as those with mental health or drug problems, those who are homeless or veterans, and those who engage in domestic violence. Based on a 2017 national survey of 1,000 respondents, the current study examines overall public support for rehabilitation as a goal of corrections and then focuses specifically on support for different types of specialty courts. The analysis reveals that the American public endorses not only the rehabilitative ideal but also the use of problem-solving courts. Further, with only minimal variation, strong support for these courts appears to exist regardless of political orientation and sociodemographic characteristics.     

Family Context and Childhood Adjustment Associated with Intrafamilial Unwanted Sexual Attention

Unwanted sexual attention (UWSA) encompasses unsolicited verbal comments, gestures, stares, and other noncontact behaviors made regarding one's sexuality and physical appearance. The present study examined the correlates and impact of such UWSA perpetrated toward girls by family members. The first objective of the study was to explore whether family climate is associated with intrafamilial UWSA. This included looking at three types of dysfunctional parenting styles (unaffectionate, unavailable, and patriarchal) as well as exploring the co-occurrence of UWSA by adult and child relatives. The second objective was to then measure the impact of such intrafamilial UWSA on childhood emotional health, after controlling for parenting style and the experience of more traditional forms of child sexual abuse (CSA). Of the 296 university women (mean age = 19) who participated in the study, 70% (N = 206) reported UWSA from a family member prior to age 18. Whereas each dysfunctional parenting style was related to presence of UWSA, a simultaneous multiple regression analysis indicated that two of the parenting styles, patriarchal and parental unavailability, also predicted frequency of nonphysical UWSA within the family. Presence of UWSA from a child relative was significantly correlated with presence of UWSA from an adult relative. Additionally, a hierarchical multiple regression, entering the three parenting styles simultaneously in the first step, childhood sexual abuse in the second step, and familial UWSA in the last step, indicated that the frequency of UWSA by family members significantly predicted poorer childhood mental health when controlling for the other variables. Overall, results indicate that while the specific parenting styles which co-occur with UWSA may be detrimental in their own right, the impact of UWSA on girls appears to be above and beyond that of either parenting styles or CSA. Clinical implications are discussed.     

Countering Punitiveness: Understanding Stability in Canada's Imprisonment Rate

Canada's imprisonment rate has not changed appreciably since 1960. This stability contrasts with the increased imprisonment rates experienced by Canada's most obvious comparators—the United States and England and Wales. We examine this divergence and propose several interrelated explanations for Canada's anomalous pattern. While Canada is shown not to be immune to pressure for harsher practices and policies, it has been able to counter or balance these trends with other more moderating forces. In particular, we suggest that Canadians have largely been able to escape several of the wider forces or "risk factors" at the root of higher incarceration in other countries. Further, we suggest that certain protective factors of a historical, cultural, and structural nature can also be identified that have limited the extent to which Canada has adopted the same punitive policies documented in the United States and England and Wales.     

Nation and its shadow: Quebec's non-French speakers and the courts

This article is a revised version of a paper given at the Critical Legal Conference, Glasgow, September 7, 1991. The author wishes to express her appreciation for discussions concerning the issues in this article, and comments on earlier drafts, to Tony Carty, William Lucy and Dylan Griffiths. Responsibility for the final result is nonetheless that of the author alone.     

Children in the environment: Forest day-care centers: Modern day care with historical antecedents

Some features of early child care are more prominent in Norway than in other countries, such as emphasis on the outdoor environment. Of general relevance and interest is the form of day care provided by forest day-care centers. Three ideas form the development of these centers placed in wild areas. First, throughout history, Norwegians have had a close attachment to nature and some parents want to provide their children with outdoor experiences at an early age. Second, urging children to play outdoors characterizes the image many parents have of a happy, healthy childhood. Third, provision of day care for children has always been restricted in western countries, forcing parents to invent types of service that can become part of an ecological system that promotes healthy development.The forest day-care centers developed recently represent a supplement to the wide typology of child care in the 21st century. The article outlines the connections between these ideas in general European and western history and Norwegian history and presents debate and decisions about a question dating from the last half of the 1980s. It concludes that the forest day-care centers are perhaps only a modern form of the original kindergarten concept, which started in Europe and America as gardens for children not gardens of children.     

Responding to the global tobacco industry: Canada and the Framework Convention on Tobacco Control

Abstract: In a continuing quest to build and defend world markets for tobacco products, tobacco companies have long been involved in international cooperation and information‐sharing through their own international corporate networks, as well as through national and international industry trade associations. This is evidenced in tobacco industry corporate documents now freely available on the internet. In order to institute effective tobacco control policy, policy‐makers needed to become equally astute at sharing information across national boundaries and at considering the cross‐national implications of policy and legislation. The World Health Organization has been instrumental in developing the Framework Convention on Tobacco Control (FCTC), and Canada has played an important part in this effort. The FCTC contains both demand‐reduction provisions and supply‐side provisions intended to reduce tobacco use worldwide. As a signatory to the FCTC, Canada has pledged to adhere to these provisions, thereby providing Canadian public administrators with effective tools to reduce tobacco use and its associated health burden both nationally and internationally. Sommaire: En cherchant continuellement à développer et à défendre les marchés mondiaux pour les produits du tabac, les sociétés productrices de tabac sont impliquées depuis longtemps dans la coopération internationale et le partage d'informations par le biais de leurs propres réseaux de sociétés internationales et d'associations professionnelles nationales et internationales. C'est ce qui ressort des documents des sociétés productrices de tabac auxquels on peut accéder librement sur Internet. Afin d'instituer une politique efficace de contrôle du tabagisme, les décideurs politiques ont dù devenir astucieux quant au partage d'informations et à l'étude des répercussions transnationales des politiques et des lois. L'Organisation mondiale de la santé a fortement contribuéà l'élaboration de la Convention‐cadre sur la lutte contre le tabagisme (CCLCT), et le Canada a joué un rôle important sur ce plan. La CCLCT contient à la fois des dispositions relatives à la réduction de la demande et d'autres relatives à l'offre qui visent à réduire la consommation de tabac dans le monde entier. En tant que pays signataire de la CCLCT, le Canada s'est engagéà respecter ces dispositions, fournissant ainsi aux administrateurs publics canadiens des outils efficaces pour réduire la consommation de tabac et le fardeau sur la santé qui lui est associéà l'échelle nationale et internationale.