Drug screening in clinical or forensic toxicology: are there differences?

Legal and medical practitioners need to remember that, with respect to drug analysis, there are two distinct disciplines in analytical toxicology concerned with human biological matrices, namely clinical and forensic toxicology. Both fields use similar analytical techniques designed to detect and quantify drugs, chemicals and poisons in fluids or tissues. In clinical toxicology, analytical results help to specify the appropriate treatment of a poisoned or intoxicated patient. In forensic toxicology, the results often play a vital role in determining the possible impairment or behavioural changes in an individual, or the contribution of drugs or poisons to death in a medico-legal investigation. This column provides an overview of the similarities and differences inherent in clinical and forensic toxicology.     

Gender difference or indifference? Detective decision making in sexual assault cases

Prior research examining sexual assault case decision making has failed to account for the demographic characteristics of the criminal justice practitioners charged with making case decisions. Inclusion of such information is important because it provides researchers with a greater understanding of how criminal justice practitioners' own gender, race, age, and past experiences affect their judgments. This study seeks to examine whether gender differences exist in detectives' arrest decisions in sexual assault cases. Victim, suspect, incident, and detective characteristics are collected from police case and investigatory files on 328 criminal sexual assault cases involving adult female victims reported to a large Midwestern police department in 2003. Logistic regression is used to determine whether detective gender predicted the odds of arrest after controlling for incident, victim, and suspect characteristics. It is hypothesized that cases involving female detectives would be more likely to result in arrest after controlling for other incident, victim, and suspect characteristics. However, contrary to expectations, female detectives are significantly less likely than male detectives to arrest suspects in sexual assault cases even after controlling for the influence of other factors shown to predict arrest. The findings support prior research that suggests female practitioners may not necessarily be more sensitive toward female victims despite previous assumptions that this would hold true. The findings suggest that efforts to hire female police officers for the purposes of dealing with female-related victimization may ultimately undermine efforts to improve victim experiences with the criminal justice system. They further suggest that both researchers and police administrators need to rethink the best ways to serve female victims beyond hiring mandates.     

The role of alternative hypotheses in reducing bias in forensic medical experts’ decision making

Medical opinions are often essential evidence in criminal cases but relatively little is known about the factors that impact forensic doctors’ decision making. This research examines the role and impact of having an alternative hypothesis while forming a medical opinion. A scenario-based experiment with forensic doctors (n = 20) was conducted. In two out of three scenarios, the existence of alternative hypotheses impacted the actual opinions reached, the confidence in the judgments and the perceived consistency with the plaintiff hypothesis. Investigative and legal actors should be aware of the possibility of biases and importance of having alternative hypotheses when requesting and evaluating medical opinions.     

Is forensic science in danger of extinction?

Observations of modern day forensic science has prompted asking the question of whether this field is in danger of extinction. Although there have undoubtedly been meaningful advancements in analytical capabilities, we have overlooked several unintended practical and philosophical consequences. This article addresses three main areas of concern: the declining role of the generalist in an era of increased specialization, the role of education in preparing the next generation of forensic scientists, and the implementation of advanced instrumentation with a focus on statistical significance and field deployable instrumentation.     

Can canines alone be used for age estimation in Chinese individuals when applying the Kvaal method?

Due to the secondary dentin formation, the dental pulp undergoes changes in shape throughout life. Based on this phenomenon, the Kvaal method has been applied to various populations for age estimation, and its usefulness has been verified. When applying the Kvaal method to Chinese subjects, we observed a relatively strong correlation between mandibular canines and age. This study notes the correlation between canines and chronological age and is the first to identify which canine is most closely related to chronological age. In addition, a new, simpler formula is determined based on canines according to Kvaal’s methodology. The radiographs of 360 individuals from northern China were selected, from which the widths and lengths of the pulp from four canines were measured according to the Kvaal method. Next, inter- and intra-observer reliabilities were analyzed in order to assess the repeatability of these measurements. The correlation between measurements and age was examined, and Chinese-specific age estimation formulae were derived. The results revealed that the ratios from the left maxillary canine exhibited the strongest correlation with age compared to the other canines, whereas the left mandibular canine showed the weakest correlation, which may contribute to the overall poor correlation of mandibular canines with age. What’s more, the formula derived from the left maxillary canine in this study displayed the highest coefficients of determination, and the formula derived from all canines showed the lowest residuals. Both of these formulae performed better than the Chinese-specific formula derived from six different types of teeth in our previous study, which had formerly possessed the highest coefficients of determination and the lowest residuals. Thus, we concluded that canines do play an important role in age estimation in the Chinese population, and the correlation between maxillary canines and chronological age is stronger than that of mandibular canines, although no distinct trend as to which side is better correlated with age was established. Going forward, we recommend the analysis of additional samples from different geographical regions and populations to further verify the importance of canines in age estimation.     

Violence and personality in forensic patients: is there a forensic patient-specific personality profile?

Concerning the discussion about the connection of personality traits, personality disorders, and mental illness, this study focused on the personality profiles of male forensic patients, prison inmates, and young men without criminal reports. The main topic centered on group-specific personality profiles and identifying personality facets corresponding with mental illness. The authors therefore used the Rasch model-based Trier Integrated Personality Inventory. They individually tested 141 German forensic patients with different crime backgrounds, 122 prison inmates, and 111 soldiers of the German army. Within group differences they found that the individuals with mental retardation differ from patients with a personality disorder or psychosis. Patients with mental retardation displayed higher neurotic and/or paranoid personality accents and tended to be low organized and self-confident.     

Stay cool or get hot? An applied primer for using temperature in forensic entomological case work

The reliable reconstruction of the temperature conditions at a crime scene is still a great challenge in forensic-entomological case work. Despite many published standards and guidelines for reconstructing temperature, and studies analysing the influence of various factors on the accuracy on such reconstructions, there are astonishingly many cases in the literature in which the temperature at the place of discovery is not reconstructed at all, i.e. the most common method is using the data of the nearest meteorological weather station without any correlation with on-site data. This study summarizes the state of the art in temperature reconstruction from an entomological point of view and compares the application of generalized additive models (GAMs) and linear regression on the basis of hypothetical death scenarios with various post mortem intervals (PMI) and measurement periods for the correlation between crime scene and weather station. We show that GAMs i.e. analysing the potential delay effect of temperature within a day, are the tools of choice because they give better, i.e. more accurate estimations than linear regression in 95,6% of all analysed cases regardless of the PMI, body discovery site and correlation period. Nevertheless, each case and crime scene is unique and therefore each entomological expertise should discuss the possible strengths and weaknesses of its temperature reconstruction. Even if temperature is not or cannot be reconstructed for various reasons, a comparison of on-site data with those of a meteorological weather station is the minimum forensic experts should do.     

The ‘make or buy’ decision in private environmental transactions

A theoretical framework combining the two branches of TCE, i.e., the governance branch (Williamson 2005) and the measurement branch (Barzel 2005) may explain the choice of the governance structure for private environmental transactions. Four case studies, i.e., the market for pure air in polluted cities, the contractual arrangement between La Esperanza and the Monteverde Conservation League, the case of the French mineral water bottler Vittel and the case of land ownership by land trusts are briefly developed in order to support the theoretical framework. Special attention is devoted to the presence (or not) of a 3-D (defined, defended and divestible) property rights system in interaction with the juridical system (civil law vs. common law) and its influence on the way environmental property rights are likely (or not) to be re-arranged. Lessons and policy implications are drawn in order to foster research on these challenging issues.

How to regulate forensic familial DNA searching in Hungary?

Forensic DNA analysis has the potential to provide useful information for criminal justice even in cases where there is no match, neither between the DNA profile generated from the crime scene and the existing DNA profiles in criminal databases, nor between the DNA collected at a crime scene and potential suspects. In contrast to traditional forensic genetic testing, forensic familial DNA searching does not provide evidence, but helps to generate investigative leads and narrow down the range of potential offenders. The aim of this study is to examine, whether there is a need for special regulation of this topic in Hungary.     

Leave or stay? Battered women's decision after intimate partner violence

Battered women's reasons for staying with or leaving their male partners are varied and complex. Using data from the Domestic Violence Experience in Omaha, Nebraska, a discrete-time hazard model was employed to examine a woman's decision based on four factors: financial independence, witness of parental violence, psychological factors, and the police response to the domestic violence call. Findings regarding the first three factors are consistent with previous findings. However, a negative police response did not deter a woman from leaving, which is a different finding from previous studies.     

Can computer forensic tools be trusted in digital investigations?

This paper investigates whether computer forensic tools (CFTs) can extract complete and credible digital evidence from digital crime scenes in the presence of file system anti-forensic (AF) attacks. The study uses a well-established six stage forensic tool testing methodology based on black-box testing principles to carry out experiments that evaluate four leading CFTs for their potential to combat eleven different file system AF attacks. Results suggest that only a few AF attacks are identified by all the evaluated CFTs, while as most of the attacks considered by the study go unnoticed. These AF attacks exploit basic file system features, can be executed using simple tools, and even attack CFTs to accomplish their task. These results imply that evidences collected by CFTs in digital investigations are not complete and credible in the presence of AF attacks. The study suggests that practitioners and academicians should not absolutely rely on CFTs for evidence extraction from a digital crime scene, highlights the implications of doing so, and makes many recommendations in this regard. The study also points towards immediate and aggressive research efforts that are required in the area of computer forensics to address the pitfalls of CFTs.     

What is she doing here? Klinefelter syndrome in forensic casework

In this case report, we describe a sexual assault incident in which the male victim’s seminal fluid contained no sperm cells, as indicated by sperm cell staining and microscopic screening, and DNA profiling results from the non-sperm cell fraction showed a major/minor DNA mixture that could be interpreted as female and male. DNA profiling of a sample from a disposable drinking cup used by the victim at the crime scene provided a single source profile, and showed a 2:1 imbalance between the heights of the X and Y chromosomes, respectively. The victim’s DNA reference sample showed a similar imbalance of the X and Y chromosomes. These observations suggested that the victim might suffer from Klinefelter syndrome, a genetic disorder related to the sex chromosomes.Here, we describe the first reported use of the QIAGEN Investigator® Argus X-12 kit for characterization of X-chromosomal STR loci to potentially identify a case of Klinefelter syndrome. This commercially available kit is primarily used in forensic laboratories to investigate kinship relations and for paternity testing in alleged father/daughter cases. Results of the X chromosome DNA profiling from the victim’s disposable drinking cup and reference samples revealed two alleles at various X-chromosomal STR loci. Moreover, this kit can also amplify a Y chromosome specific sequence (AMEL-Y), and the results indicated that this sample actually originated from a male. Evidence of two X chromosomes in the victim's DNA suggested that he was likely to have Klinefelter syndrome. In this case report, we propose the use of the QIAGEN Investigator® Argus X-12 kit as a practical forensic tool for the detection of potential genetic syndromes related to the sex chromosomes, which can affect test results and, at times, make them difficult to interpret. We also aim to increase awareness within the forensic science community regarding the existence of genetic anomalies, which should be considered when analyzing DNA profiles.     

The Evanston initial decision: is there a future for patient flow analysis?

This Article analyzes the October 2005 Initial Decision of the Federal Trade Commission Administrative Law Judge ordering Evanston Northwestern Healthcare Corporation to divest Highland Park Hospital on the grounds that the January 2000 merger of the entities violated Section 7 of the Clayton Act. In particular, this Article focuses on the ALJ's discussion of the use of patient flow analysis and the Elzinga-Hogarty test in defining relevant markets in hospital merger cases. Despite the ALJ's explicit rejection of the Elzinga-Hogarty Test and patient flow analysis as irrelevant and inappropriate in defining markets in the highly differentiated Hospital market, the author concludes that the ALJ's rejection of patient flow analysis likely was a response to misplaced and over-reliance on patient flow analysis by a number of courts in past prospective government challenges to hospital mergers as evidenced by the fact that the ALJ's analysis of competition and competitive effects relied upon, and thereby implicity endorsed, the use of patient flow analysis for certain purposes. Finally, the author concludes that patient flowanalysis, when used appropriately, should continue to be used as a preliminary step in geographic market definition and competitive effects analysis.     

Comparison of the three age estimation methods: Which is more reliable for Turkish children?

BackgroundThree atlases—the GÖK, the Greulich–Pyle (GP), and the Tanner–Whitehouse (TW3)—are used frequently for age determination in Turkey. The purpose of this study was to evaluate the applicability of these three methods related to the skeletal age assessment for Turkish adolescents.Materials and methodsThe conventional roentgenograms of the left hands and wrists, elbows, shoulders, and pelvises of 333 healthy Caucasian children (164 females, 169 males) who fit the study and the criteria of each atlas were obtained. The mean differences (± standard deviation [S.D.] in years) between the chronologic age (CA) and the skeletal age (BA), which were obtained by using each age estimation method, were calculated and tested using t-test.ResultsFor girls, the most accurate method was the TW3 (mean differences (d): ?0.21 (p < 0.05)), following by the GP (d: 0.66 (p < 0.001), and the GÖK (d: 2.99 (p < 0.001)). For boys, the most accurate method was the GP (d: ?0.02 (p > 0.05)), followed by the TW3 (d: ?0.18 (p < 0.05)) and GÖK (d: 1.05 (p < 0.001)).Discussion and conclusionsResults show that the TW3 (for girls) and the GP (for boys) methods are more appropriate than the GÖK atlas for estimating the BA. GÖK could be used for boys aged 11–14 years but it should not be used for girls.     

Are the misinformed more punitive? Beliefs and misconceptions in forensic psychology

Misconceptions about psycho-legal issues are widespread and threaten the fabric of our legal system. The present study examines how misconception endorsement is related to tough-on-crime beliefs and sentencing decisions. Two hundred and fifty-six students completed a 50-item questionnaire assessing misconceptions related to forensic psychology and determined sentences in four mock-jury scenarios at the beginning and end of an introductory forensic psychology course. Misconception endorsement decreased significantly from 32% to 21%, with every subscale (police and interrogations, service provision, mental illness, memory and cognition, tough on crime) experiencing a significant decrease from pre-test to post-test. This drop in endorsement is meaningful, as misconceptions and beliefs are typically very difficult to change. Additionally, misconception endorsement was positively correlated with tough-on-crime beliefs and punitive (mock) sentencing. This study provides a valuable resource for endorsement rates of psycho-legal misconceptions and the propensity of individual misconceptions to change. It also makes a strong argument for the usefulness of psychology and law courses in reducing potentially harmful misconceptions and tough-on-crime beliefs.