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.     

On the Undecidability of Legal and Technological Regulation

Law and Critique - Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through...     

MI Implementation in Juvenile Justice: A Case Report

Motivational interviewing (MI) is a communication style focused on enhancing clients’ own motivation towards change. In the justice system MI has evidence to support that it enhances communication and change behaviors in youth. As most MI training is designed for healthcare settings training and implementation of MI must be adapted to fit the juvenile justice model. This includes both rehabilitation and restorative justice. Here we describe the details that allowed one county small county in Pennsylvania to roll out MI training and initial skills review in less than 6 months. The case reviews the details of planning, trainings, and timing of activities. We then discuss what elements of those details fit into a greater implementation plan that may be applied elsewhere. Four key elements were instrumental to implementation: 1) appreciation of JPO time constraints, 2) cost containment 3) using blending to enhance JPO flexibility with MI use, and 4) policies that normalize use of MI. This outline may assist other courts in their own implementation efforts.     

Sample Mining and Data Mining: Combined Real-Time and Retrospective Approaches for the Identification of Emerging Novel Psychoactive Substances

Novel psychoactive substances (NPS) are synthetic drugs that pose serious public health and safety concerns. A multitude of NPS have been identified in the United States, often implicated in forensic investigations. The most common and effective manner for identifying NPS is by use of mass spectrometry and the true utility lies within nontargeted acquisition techniques. During this study, a liquid chromatography quadrupole time-of-flight mass spectrometry (LC-QTOF-MS) assay was developed, validated, and implemented for forensic toxicology testing. A SCIEX TripleTOF™ 5600 + with SWATH^® acquisition was used. Resulting data were compared against an extensive library database containing more than 800 compounds. The LC-QTOF-MS assay was applied to the reanalysis of biological sample extracts to discover emergent NPS. More than 3,000 sample extracts were analyzed, and more than 20 emerging NPS were detected for the first time. Among these were isopropyl-U-47700, 3,4-methylenedioxy-U-47700, fluorofuranylfentanyl, N-methyl norfentanyl, 2F-deschloroketamine, 3,4-methylenedioxy-alpha-PHP, eutylone, and N-ethyl hexedrone.     

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.     

Democracy's Pin Factory: Issue Specialization,the Division of Cognitive Labor,and Epistemic Performance

This article describes how issue specialization through deliberative institutions called “issue publics” can improve the quality of democratic decision making. Issue specialization improves decisions by instantiating a cognitive division of labor among the mass public, which creates efficiencies in decision making and grants large groups of average citizens a scalable advantage over small groups of even the smartest and most capable individuals. Issue specialization further improves decisions by capturing issue-specific information, concentrating it within the specialized deliberative enclaves of issue publics, and refining citizens’ issue preferences. These advantages are brought to bear in wider democratic politics and policy through information shortcuts and through the specialized electoral incentives of representatives. The article responds to concerns about political ignorance, polarization/partisanship, rent seeking, and socioeconomic bias and argues that issue specialization can provide a valuable brake to polarization yet needs institutional supplementation to engage marginalized citizens and combat bias.     

Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

It Comes with the Territory: Why States Negotiate with Ethno-Political Organizations

Given that minority ethno-political organizations are generally weaker than states yet seek to change their policies or remove the ruling regime from power, why would negotiation occur? States prefer to ignore or repress such organizations, which typically have little to offer in return amidst negotiations that can legitimize them while delegitimizing the state. When a challenging organization establishes governing structures and controls movement in part of a state's territory, however, it can easily inflict significant economic and political costs on the state while also possessing a valuable asset to exchange for concessions. An organization with territorial control cannot be ignored, while the state will have a strong incentive to negotiate before the state loses more face, the group gains more legitimacy, neighboring states are more likely to invade, and the international community is more likely to formally recognize any facts on the ground as a new status quo. Our analysis of 118 organizations in the Middle East and North Africa from 1980–2004 reveals that territorial control is the most important determinant of intrastate negotiation. In regards to existing scholarship, this suggests that a certain type of successful violence works—not all violence and not only nonviolence—while certain types of strong organizations—those that control territory—are more likely to reach negotiations with the state than weak ones.     

Applying Stone in a Western Landscape: Ranchers,Conservationists, and Causal Stories in the “American Serengeti”

As the emergence of nongovernmental conservation efforts generates conflict among various stakeholders, the causal story that each party articulates regarding conservation and the causes of land degradation reflects their unique interests. This study uses existing literature to evaluate causal stories surrounding a contemporary conservation effort: Montana's American Prairie Reserve. Through qualitative review of web‐based documents and newspaper articles, it generates a preliminary account of key stakeholders' causal stories. The case study suggests that parties who might be disadvantaged by ascribing responsibility for environmental harms in an adversarial fashion may instead elect to articulate causal stories that are more neutral than existing approaches might forecast. The study concludes by suggesting that further development of causal story literature may enable it to better address contemporary conservation efforts.