Contamination of forensic DNA evidence in the light of Hungarian court decisions – A review of 25 years

The evaluation of forensic DNA expert opinions (in some countries expert witness testimonies) and the way it affects criminal judgement is of paramount importance. We have selected one of the largest challenges when it comes to the evaluation of forensic DNA evidence, contamination of DNA samples, and examined how it influences the decisions judges make about the credibility of DNA evidence in Hungary.     

Anonymisation of personal data – A missed opportunity for the European Commission

As early as the 1970's, privacy studies recognised that ‘anonymisation’ needed to be approached with caution. This caution has since been vindicated by the increasing sophistication of techniques for reidentification. Yet the courts in the UK have so far only hesitatingly grappled with the issues involved, while European courts have produced no guidance.     

The impact of coalition parties on policy output – evidence from Germany

This paper examines two crucial questions related to coalition politics and representative democracies. How do parties’ ideological positions translate into cabinet policy positions? And how does the relative impact of parties vary over the legislative term. Using an original dataset of 74 social and budgetary laws from nine German coalition governments, the paper shows that, on average, government parties influence cabinet policy position according to their relative strength. However, the relative impact of coalition parties varies significantly during the term. At the beginning of the term in office, the policy positions of the cabinet are representative of the overall cabinet ideology, but the policy positions strongly move towards the position of the party representing the median when the next election approaches.     

The case for time turners – the practicalities of being a new law lecturer

A time-turner is the device used by Hermione Granger in JK Rowling's Harry Potter books to turn back time so she can attend more than one class at the same time. They should, I believe, be standard issue for new law lecturers. This paper examines the practical day to day activities and my attempt to balance teaching, research, administration, training courses and other activities as a new law lecturer as well as maintaining a private life that is not wholly dominated by work.     

Norwegian Shelters for Victims of Domestic Violence in the COVID-19 Pandemic – Navigating the New Normal

Journal of Family Violence - This study elucidates the responses of shelters and their adaptations to the COVID-19 pandemic, and the effects on their services to victims of violence, as well as how...     

Fingerprint comparison evidence has been under sustained attack in the United States of America for the last number of years: Is the critique with regard to reliability sufficiently penetrating to warrant the exclusion of this valuable evidence?

The decision in Daubert v Merrell Dow Pharmaceuticals 509 US 579 (1993) brought about renewed attention to and scrutiny of fingerprint comparison evidence in the United States of America. In terms of the decision courts were to act as the gatekeepers with respect to the admissibility of scientific expert evidence. This article describes these events and investigates the grounds upon which challenges were made to fingerprint comparison evidence in the courts, as well as the position that was taken by the courts. The article also considers the fundamental test for the admission of expert evidence, and whether the critique pointed out by the defendants in the cases with regard to reliability are sufficiently penetrating to warrant the exclusion of fingerprint comparison evidence.     

Transnational constitutionalism – conflicts-law constitutionalism – economic constitutionalism: the exemplary case of the European Union

Transnational constitutionalism is both a sociological given and a legal challenge. We observe the emergence of ever more legally framed transnational arrangements with ever more power and impact. Do such arrangements deserve to be called legitimate rule in Habermasian terms? Is it at all conceivable that the proprium of law can be defended against the rise of its informal competitors? This article opts for a third way that listens to neither the siren songs on law beyond the state nor to the defences of nation-state constitutionalism as the monopolist of legitimate rule. The proposed alternative suggests that transnational legal ordering of the European Union should build on its reconceptualization as a ‘three-dimensional conflicts law’ with a democracy-enhancing potential. This reconceptualization operationalizes the ‘united in diversity’ motto of the Draft Constitutional Treaty of 2004, preserves the essential accomplishments of Europe's constitutional democracies, provides for co-operative problem solving of transnational regulatory tasks, and retains supervisory powers over national and transnational arrangements of private governance.     

Member States of the Commonwealth – Their Relationship with the International Court of Justice

The removal of judicial independence from the motherland for several Commonwealth countries was fraught with difficulties. The determination of where final national appeals would lie has had a most colourful history in the Commonwealth. An extension of judicial dependence may arguably be expressed in the manner in which a state address disputes of international law and its choice of the appropriate tribunal for redress. It is argued in this article that independence did not seem to indicate that some Member States were willing to relinquish their desire to move too far away from the family of the British Commonwealth. Consequently, in accepting the Option Clause of the International Court of Justice (ICJ), a number of Commonwealth Member States entered a reservation which, inter alia, excludes disputes with the government of any country that is a Member of the British Commonwealth. Although today only eight Commonwealth Member States (including Britain) maintain this exclusionary clause, to the extent that these eight may find themselves bound by this clause presents some difficulty when there are disputes among these Member States. The author highlights these difficulties by examining the case of Mauritius and the Chagos Archipelago. Ultimately, the present day Commonwealth seeks dispute settlement through peaceful means, with an absolute respect for the rule of international law governing relations within and among its Member States.     

Beating a dead horse: Is there any basic empirical evidence for the deterrent effect of imprisonment?

Crime has declined over the past several years, renewing the belief that punishments such as imprisonment are useful mechanisms for deterring criminal activity. This article assesses this claim by examining data on U.S. crime and imprisonment trends from 1972 through 1993, a period that saw a continuous increase in levels of incarceration. This period was purposefully chosen because it represents a “natural” experiment concerning the impact of continuous increases in the rate of incarceration on crime rates. A second analysis examining cross-sectional, state level data for the period 1980-1991 is also presented. The findings from these analyses indicate that sentiments concerning the deterrent effect of imprisonment are overstated, and there appears to be no statistically significant relationship between imprisonment rates and crime rates for the period and areas under study. This revised version was published online in July 2006 with corrections to the Cover Date.     

Staff members’ evaluation of inpatients’ motivation for aggression – the roles of staff restrictions and aggression severity

Improved understanding of inpatient aggression can come from systematic assessment of motivation for aggressive incidents. This study investigates staff members’ evaluation of motivation for aggressive incidents, and how such evaluations are influenced by staff restrictions and aggression severity. Staff reports of aggressive incidents in a secure psychiatric unit were collected in clinical practice over a ten-year period (2006–2015). Motivation for aggression was assessed with the Aggressive Incident Motivation Evaluation Scale, measuring irritable, instrumental, and defensive dimensions. Information about staff restrictions was collected with the Staff Observation Aggression Scale – Revised, and severity was rated with the Visual Analog Scale. Multilevel analyses of 2649 aggressive incidents, committed by 67 inpatients, revealed greater variation in aggression motivation across incidents than between individual patients. Staff restrictions preceding the aggressive incident and rating of severity were positively related to staffs’ evaluation of motivation for aggression, but their impacts differed across motivational dimensions. Staff reports of motivation provide important additional information beyond current standard report forms. Systematically evaluating motivation is essential to risk management, and may contribute to develop more fine-tuned interventions for preventing and managing aggression in inpatient settings.     

The Bonn Agreement to the Kyoto Protocol – Paving the Way for Ratification

This article provides a short account of the international climate negotiations that took place in Bonn from 16 to 27 July 2001. After the Sixth Conference of the Parties to the Framework Convention on Climate Change failed in November 2000, the Parties had decided to suspend the meeting. The ministers present at the resumed session successfully adopted the "Bonn Agreement to the Kyoto Protocol", a set of political compromises for the most contentious issues left open by the Kyoto Protocol. Although many details had been transferred to the Seventh Conference of the Parties, November 2001 in Marrakesh, Morocco, the Bonn Agreement already paved the way for ratification of the Kyoto Protocol and its entry into force. The Marrakesh Accord adopted on 10 November 2001transforms, with a few exceptions, this political agreement into bindinglegal text.     

Visualising the past – An evaluation of processes and sequences for fingermark recovery from old documents

This study aimed to collect data on the effectiveness of most of the fingermark visualisation reagents currently used on porous surfaces on fingermarks aged for up to 90?years, significantly extending the timescales for which such information exists. A limited subset of the variables associated with processing of old fingermarks was explored, with a focus on the use of 1,8 diazafluoren-9-one (DFO), 1,2-indandione, ninhydrin, and physical developer. These techniques were used in sequence on batches of cheques between 11 and 32?years old, and on documents dating from the 1920s and 1940s. The potential for applying a physical developer enhancement process (blue toning) as the final step in the sequence was also explored. The benefits of using processing sequences on porous items were clearly demonstrated, with all processes in the sequence adding value in terms of additional marks found on the cheques up to 32?years old. In addition, physical developer was found to be capable of developing fingermarks up to 90?years old, whereas the amino acid reagents appear less effective on documents of 70?years and older. An experimental physical developer formulation with reduced environmental impact was found to be as effective as the existing process in these experiments. Blue toning was found to visualise an additional 10–25% of marks, and its wider use after silver-based deposition processes is recommended based on the evidence from this study.     

The House of Lords – Into the Future?

The idea for presenting these opinions on the future of the House of Lords as an article grew out of a seminar held in the House of Lords in February 2006, an event that itself grew from the contributions to the book Parliament in the Twenty-First Century, a collection of 30 essays from academics, commentators and politicians.1 1. N. D. J. Baldwin (ed.), Parliament in the Twenty-First Century (London: Politico's, 2005). The seminar saw presentations from Lord Howe, Lord McNally and Lord Carter, and it is their observations that follow here.2 2. Lord Howe: Geoffrey Howe was Chancellor of the Exchequer (1979–83), Foreign Secretary (1983–89) and Deputy Prime Minister (1989–90); Lord McNally: Tom McNally is Leader of the Liberal Democrats in the House of Lords; Lord Carter: Denis Carter, Government Chief Whip in the House of Lords from 1997 to 2002. Sadly, Denis Carter died on the 18th December 2006. A skilled practitioner in the role of Chief Whip, he won respect from all sides of the House for his knowledge and understanding of the way the House operates and for his forthright and honest approach both to the business of the House and to his fellow peers. He is much missed by all those who knew him.      

Evaluation of genetic markers for the analysis of THC levels of Cannabis sativa samples using principal component analysis – A preliminary study

Cannabis sativa is a worldwide commercial plant used for medicinal purposes, food and fiber production, and also as a recreational drug. Therefore, the identification and differentiation between legal and illegal C. sativa is of great importance for forensic investigations. In this study, principal component analysis (PCA), an exploratory data analysis technique, was tested to correlate the specific genotype with the concentration of tetrahydrocannabinol (THC) in the samples. C. sativa samples were obtained from legal growers in Piedmont, Italy, and from illegal drug seizures in the Turin region. DNA was extracted, quantified, amplified with a 13-loci multiplex STR and finally analyzed with an automated sequencer. The results showed a trend in the analyzed samples as they differed by their THC content and allele profiles. PCA yielded two clusters of samples that differed by specific allele profiles and THC concentrations. Further validation studies are needed, but this study could provide a new approach to forensic investigation and be a valuable aid to law enforcement in significant marijuana seizures or in tracing illicit drug trafficking routes.