DNA databases as a tool to improve the search for missing persons in Brazil

In 2019, based on the publication of Law No. 13,812/2019, the National Policy on the Search for Missing Persons was created in Brazil. In this context, on March 2, 2020 the Steering Committee of the Integrated Network of DNA Databases (RIBPG) created the Working Group on Genetic Identification of Missing Persons. In 2021, the first National Campaign for the Collection of DNA from Relatives of Missing Persons was launched. This action provided the collection of relatives of more than 1700 missing people throughout Brazil. Since the beginning of the work, the number of genetic profiles related to the search for missing persons has increased by 216 % in the National DNA Database. So far, RIBPG has already managed to solve 223 disappearances throughout Brazil.     

论作为半格式化政策性合同的高校毕业生就业协议

高校毕业生就业协议的定性,不能局限于其形式外观或者套用其他相似合同规则,而应在深入分析法律关系的基础上加以判定。从主体上看,就业协议涉及毕业生、用人单位以及高校三方主体,主体之法律地位依次递减;从客体上看,就业协议旨在稳定未来的劳动关系以及落实国家就业政策;从内容上看,就业协议关涉毕业生与用人单位、高校与毕业生、高校与用人单位三组法律关系,后两组法律关系主要是为辅助第一组法律关系而存在的。基于就业协议法律关系之特点,进一步分析得出就业协议具有半格式化与政策性特点,属于半格式化的政策性合同。与之相适应,应逐渐弱化高校的地位,重视补充协议的作用,提升就业协议在促进就业、构建诚信机制上的效果。     

The potential of collaborative learning as a tool for forensic students: Application to signature examination

Transferring theoretical knowledge to practical skills remains a big challenge in forensic science, especially in questioned documents. The examination of handwriting and signatures requires years of practice to develop the necessary skills. While students (and to some extent the general population) often have the impression that it is easy to differentiate handwriting from different persons, in practice, particularly when dealing with simulated signatures, there is a high risk of reaching a wrong conclusion when questioned document experts do not use a systematic approach and/or are not sufficiently experienced (see for example the famous French Dreyfus case). Thus, a novel teaching approach, based on collaborative learning, has been introduced in a theoretical handwriting class to improve the students’ theoretical knowledge, and additionally make them aware of the limitations of their practical skills and give them tools to improve them in their future practice. Through five activities, the students took the roles of victims, forgers, teachers and experts and created their own learning materials (i.e. signatures and mock casework). During those interactive activities, they learned to describe their signature’s characteristics, intra-variability and complexity, and thus evaluate their own signature’s vulnerability (as potential victims). They learned techniques to simulate signatures and detect the resulting forgeries’ characteristics (in the role of forgers). In the role of teachers, they prepared mock casework scenarios and gave feedback to their colleague’s examination of the produced material. As experts, they carried out signature examination as they would in a proficiency test and were exposed to the difficulties an actual expert may encounter in practice. The evaluation of this novel teaching scenario was very positive, as students learned more extensively the possibilities and limitations of signature comparison. They were more active and motivated in their learning experiences. The teaching team also had an improved experience. Some students complained of an increased workload and imprecise instructions. Improvements were tested and are discussed in this paper.     

Cannabinoid level in the leaves as a tool for the early discrimination of Cannabis chemiovariants

One hundred and seventy-six plants of 22 different lots of Cannabis sativa L., grown at the Botanical Garden of Siena (Italy) were chromatographically analysed in order to define the cannabinoid content in their leaves. The content of the major cannabinoids, delta 9-tetrahydrocannabinol, cannabidiol, cannabinol and cannabichromene, determined weekly in vegetative and floral leaves enabled the determination of the chemical types of the plants, according to Turner's classification. The plants were easily distinguishable in drug, intermediate and fiber types. The cannabinoid characteristic of each type remains predominant, as compared with the other cannabinoids, throughout the whole period of growth, including the floral stage and after harvesting. On this basis, the predominant concentration of a specific cannabinoid can be used reliably for forensic application concerning drug-suspected material in very young plants.     

Cytochrome P450 2D6 (CYP2D6) genotyping on postmortem blood as a supplementary tool for interpretation of forensic toxicological results

Debrisoquine hydroxylase (CYP2D6) is involved in the metabolism of many toxicologically important drugs. The gene encoding for this enzyme displays a polymorphic distribution in all populations examined. We report a study on 46 cases, where analyses of the CYP2D6 gene were conducted on postmortem femoral blood in order to investigate the occurrence of poor metabolizers (PM). A polymerase chain reaction (PCR) method, designed and routinely used for therapeutic drug monitoring, was employed, only slightly modified. Samples from 22 cases, where the parent drug to metabolite ratio was unexpectedly high were analyzed as well as samples from 24 control cases. Genotyping could be carried out in all but one case. Previous freezing or addition of potassium fluoride as preservative did not prevent analysis. Only one PM (from the control group) was discovered, implying an occurrence of only 2.2% as compared to the reported frequency of approx. 7% in Sweden. Among the extensive metabolizers (EM), however, a number of individuals with mutated genes were identified. Although it seems reasonable to suspect a PM genotype in cases with a high concentration of a drug metabolized by CYP2D6, but without suspicion of acute overdose, our study does not support the opinion that this interpretation pitfall is particularly common. This study rather indicates that drug interactions in EMs constitute a more frequent and important problem.     

The role of isotope ratio mass spectrometry as a tool for the comparison of physical evidence

This paper considers how likelihood ratios can be derived for a combination of physical, chemical and isotopic measurements. Likelihood ratios were formulated based on the characteristics of a small convenience sample of 20 duct tapes. The propositions considered were:

• H_ptwo samples are from the same batch
• H_dtwo samples are from different batches.

The physical and isotopic characteristics of ten rolls of duct tape were shown to be consistent throughout each roll.The width and thickness of the tapes and the density of the scrim fibres provided equivalent information and the combined physical characteristics provided a basis upon which to discriminate between many of the samples.Scatter-plots and confidence ellipses provided a convenient method to group the isotopic composition of the tape backing material and provided a basis to discriminate between samples which were physically indistinguishable. Considering both the physical and isotopic characteristics it was possible, at best, to ascertain that the evidence provided moderately strong support for the proposition that two samples of tape were derived from the same batch (LR = 400).Kernel density estimates were used to model the distribution of isotopic compositions of the backing material. Using this technique it was possible to estimate objectively the probability that a sample with given characteristics could be drawn, at random, from the background population and to calculate a likelihood ratio based on the propositions above.The strength of evidence which could be presented by either model was ultimately limited by the size of the background sample.     

The right of withdrawal under the Consumer Rights Directive as a tool to protect consumers concluding a distance contract

Since 1997, the European legislator has aimed to protect consumers concluding a distance contract amongst others by entitling them to withdraw from the contract. First, this paper analyses the right of withdrawal as it is incorporated in the 2011 Consumer Rights Directive (CRD). This paper illustrates that, compared to the 1997 Distance Selling Directive, the CRD, contains more detailed rules, offering some useful clarifications. Further, this paper shows that the CRD slightly increases consumer protection, for example by determining that the mere beginning of performance under a services contract does not lead to the loss of the right to withdraw from the contract. However, consumers are also at risk where, without any explicit warning, they are held liable for the diminished value of the goods used during the withdrawal period. In a second part of the article, it is argued that the full harmonization approach should have been limited to the technical aspects of the withdrawal right, in order to avoid a reduction of consumer protection in some Member States. Finally, this paper shows that the CRD not always sufficiently takes into account the objectives pursued with the right of withdrawal as a tool to protect consumers concluding a distance contract.     

The method for expert assessment as a tool for the improvement of the methodological basis of the activities of a bureau of forensic medical expertise

An important aspect of the problem of iatrogenic poisoning is the lack of comprehensive relevant information. Many experts employed at the bureaus of forensic medical expertise believe that this problem can be resolved only based on a multifaceted approach. The results of questionnaire studies and cause-and-effect analysis allowed the following recommendations to be proposed for addressing the problem under consideration: making a minimal list of equipments necessary to maintain activities of forensic medical departments, updating the list of toxic substances to be studied in the laboratories of bureaus of forensic medical expertise, modification of the reporting form No 42 to be filled by such bureaus. The optimal approach is thought to be the equipment of all bureaus in compliance with the universal requirements, introduction of standard methods and technologies for the analysis of the materials included in the list of toxic substances to be determined.     

Police Powers and Article 5 ECHR: Time for a New Approach to the Interpretation of the Right to Liberty

Liverpool Law Review - This paper discusses the approach of British and European Courts to the interpretation and application of the Article 5 ECHR right to liberty when faced with police powers....     

The application of chemometrics on Infrared and Raman spectra as a tool for the forensic analysis of paints

The aim of this work is to evaluate the capabilities and limitations of chemometric methods and other mathematical treatments applied on spectroscopic data and more specifically on paint samples. The uniqueness of the spectroscopic data comes from the fact that they are multivariate - a few thousands variables - and highly correlated. Statistical methods are used to study and discriminate samples. A collection of 34 red paint samples was measured by Infrared and Raman spectroscopy. Data pretreatment and variable selection demonstrated that the use of Standard Normal Variate (SNV), together with removal of the noisy variables by a selection of the wavelengths from 650 to 1830 cm(-1) and 2730-3600 cm(-1), provided the optimal results for infrared analysis. Principal component analysis (PCA) and hierarchical clusters analysis (HCA) were then used as exploratory techniques to provide evidence of structure in the data, cluster, or detect outliers. With the FTIR spectra, the Principal Components (PCs) correspond to binder types and the presence/absence of calcium carbonate. 83% of the total variance is explained by the four first PCs. As for the Raman spectra, we observe six different clusters corresponding to the different pigment compositions when plotting the first two PCs, which account for 37% and 20% respectively of the total variance. In conclusion, the use of chemometrics for the forensic analysis of paints provides a valuable tool for objective decision-making, a reduction of the possible classification errors, and a better efficiency, having robust results with time saving data treatments.     

Cuticular hydrocarbons as a tool for determining the age of Chrysomya rufifacies (Diptera: Calliphoridae) larvae

Calliphoridae are one of the most important insect groups encountered as evidence collected from a crime scene. Age determination of the immature stages of these necrophagous flies is an important step toward estimating the time of colonization and inferring a minimum postmortem interval (PMI_min) in most instances. To determine if the cuticular hydrocarbons could be used to establish whether the development stages yield characteristics profiles, allowing for age estimation, hydrocarbons were extracted from 1st and 2nd, as well as feeding and post‐feeding 3rd instar Chrysomya rufifacies, the hairy maggot blow fly. Extracted hydrocarbons were analyzed using gas chromatography coupled to mass spectrometry with the aim to investigate the changes in chemical profiles of each larval stage. A total of 23 compounds were identified with most of them being alkanes (65%) with carbon chain lengths of 9–33 carbons, alkenes (18%), and methyl‐branched alkanes (17%). All the hydrocarbons except pentadecane (C15), hexadecane (C16), and nonacosane (C29) showed significant differences in their expression throughout larval development. For 1st instars, nonane was the most abundant (17% of the total hydrocarbons content) compound. Accounting for 11% and 10% of the cuticular hydrocarbons, tricosane and pentacosane, respectively, were the notable hydrocarbons in 2nd instars. For post‐feeding 3rd instars, hentriacontane and tritriacontane were present with relative abundances 18% and 15%, respectively. On average, there was a shift from low to high molecular weight hydrocarbons as the larvae aged. These results indicate the change in hydrocarbons makeup as larvae age and could potentially be used to determine the age of immature C. rufifacies and hence aid in PMI_min estimations. However, future research is needed to validate these results under natural conditions in the field.     

Face recognition as a function of distance and illumination: A practical tool for use in the courtroom

Abstract

This paper describes a practical courtroom tool that provides insight in face recognition accuracy as a function of distance and illumination. Subjects were shown 3/4 target portraits with an exposition time of 12 seconds, immediately followed by a target-absent or target-present lineup of six full-face portraits. Subjects were asked to identify the target. Seven distances (3 to 40 meter) and nine illumination levels (0.3 to 3000 lux) were used which resulted in a 7?9 matrix, with in the cells a hit score and a false alarm score. From these rough data several other measures were derived, like d-prime, diagnostic value and some idealised scores. The scores represent the upper margins of recognition accuracy with the memory component reduced to a minimum. The results clearly indicate a systematic increase of recognition performance with decreasing distance and increasing illumination. The end result is a practical rule of thumb, the Rule of Fifteen: Even in ideal conditions the desired diagnostic value of 15 is reached at not more than 15 meters, not less than 15 lux.     

职务发明权属制度变革的立足点——兼析我国《专利法第三次修改草案》（征求意见稿）第6条

随着超大科技时代的到来,新技术的发展理念更加凸显科研人员的创新和企业等投资者的综合性行为的合力。职务发明制度旨在发明人和投资者之间寻找平衡点。实际上,该制度不仅仅涉及发明人的积极性和企业的竞争力,更重要的是这一制度关系到一个国家的科研能力、科技发展水平乃至于经济实力。基于此,在建设创新型国家的过程中,我们必须加强对职务发明人的权利的确认和保护,进一步平衡发明人和投资者的利益,使创新之火在我国熊熊燃烧。     

Ethical experiments with the D-pad: exploring the potential of video games as a phenomenological tool for experiential legal education

In contemporary society, video games have become a ubiquitous cultural medium, a popular pastime rivalling television and cinema. While many preconceptions exist about the audience of these sources, often perpetuated by stereotypes around “gamer” culture, recent surveys have shown their wide-ranging demographic. Additionally, the masculine gender bias that is perceived to exist within gaming communities has been shown to be rapidly decreasing. This emerging universality has inevitably encouraged educationalists to consider how best to utilise gaming and elements of video game technology in the development of e-learning tools. Alongside their audio-visual features, it is the experiential and phenomenological characteristics of video games that can be employed to allow students to conceptualise abstract principles and actively experiment with their own ethical beliefs in an environment free of real-world consequences. Building upon the work of Maharg and Owen, and Lettieri et al., this paper will explore the potential of video games as a tool for experiential learning, specifically the study of ethics and related jurisprudential themes, and will propose how existing video games can be used as an educational tool for phenomenological experimentation of concepts. Finally, this article will draw upon the author’s previous work to assert how video games can be used as a learning tool for the conceptualisation of abstract themes, specifically justice.     

Social network analysis as a tool for criminal intelligence: understanding its potential from the perspectives of intelligence analysts

Over the past two decades an increasing number of researchers have applied social network analysis (SNA) to various ‘dark’ networks. This research suggests that SNA is capable of revealing significant insights into the dynamics of dark networks, particularly the identification of critical nodes, which can then be targeted by law enforcement and security agencies for disruption. However, there has so far been very little research into whether and how law enforcement agencies can actually leverage SNA in an operational environment and in particular the challenges agencies face when attempting to apply various network analysis techniques to criminal networks. This paper goes some way towards addressing these issues by drawing on qualitative interviews with criminal intelligence analysts from two Australian state law enforcement agencies. The primary contribution of this paper is to call attention to the organisational characteristics of law enforcement agencies which, we argue, can influence the capacity of criminal intelligence analysts to successfully apply SNA as much as the often citied ‘characteristics of criminal networks’.     

The distribution of natural stable isotopes of carbon as a possible tool for the differentiation of samples of TNT.

TNT samples from different countries are shown to have different 13C/12C ratios. The delta13C spread (against the PDB standard) is about 6.5%. 13C/12C ratios can therefore be utilized in order to correlate or discriminate between samples of TNT.