Natural justice and the coroner

In R v Doogan (2005) 158 ACTR 1; 193 FLR 239; [2005] ACTSC 74 the Full Court of the Australian Capital Territory Supreme Court made what is arguably thus far the most extensive Australian appellate decision on coronial law and procedure. The court made findings on the nature of coroners' inquests into fires and deaths, the ways in which the parameters of inquests should be determined and the circumstances in which the conduct of coroners and the counsel assisting them could amount to conduct which would lead the hypothetical disinterested bystander to conclude that the coroner was biased. The decision is a contextually sophisticated analysis. One of its consequences is that it will be difficult for parties to have coroners disqualified for apprehended bias. More generally, though, the decision will lend significant assistance for the recurrent difficulty of evaluating when matters sought to be traversed are outside the proper parameters of a coroner's inquest.     

Law, pregnancy and sport: what are the repercussions when a pregnant lady plays?

This article reflects on the issue of pregnancy and sport that was brought to the fore in Gardner v National Netball League (2001) 182 ALR 408; [2001] FMCA 50 and Gardner v All Australia Netball Association Ltd (2003) 174 FLR 452. It suggests that these cases did not provide a definitive discussion of the tortious liability implications that initially led Netball Australia to introduce a ban on pregnant players. In an attempt to fill some of these gaps, other case law that deals with liability of sporting organisations and prenatal injury is discussed. The article primarily focuses on whether the unborn child when born alive will have an action against her or his mother as a result of injury occasioned while the mother was playing sport when pregnant. This examination is undertaken in light of recent Australian tort reform as well as changes in policy direction. The article summarises the legal position of the parties involved in sport--sporting organisations, medical practitioners, other participants and the pregnant mother--and argues that, with reference to the guidelines and case law, in only a very small number of cases would liability be found against the sporting organisation or pregnant mother as a result of injuries incurred prenatally.     

Interpretation of repeat measurement DNA evidence allowing for multiple contributors and population substructure

Due to the circumstances in some forensic cases, very small amounts of DNA (<100 pg) may be obtained. This, in turn, may affect the reliability of the PCR process, and so it may be advisable to repeat the amplification process for confirmatory purposes. Gill et al. [Forensic Sci. Int. 112 (2000) 17] proposed a method for the statistical evaluation of the PCR replicate information. In this paper we formalize the method proposed by Gill et al. [Forensic Sci. Int. 112 (2000) 17], and extend it to allow for cases involving mixed stains and for population substructure.     

High resolution Y chromosome typing: 19 STRs amplified in three multiplex reactions

Nineteen Y-specific short tandem repeat (STR) loci have been amplified in 768 samples from the Iberian Peninsula in order to evaluate their usefulness in forensic casework. Two previously published multiplex reactions by Thomas et al. [Hum. Genet. 6 (1999) 577] (MS1, modified here: DYS19, DYS388, DYS390, DYS391, DYS392 and DYS393) and by Ayub et al. [Nucl. Acids Res. 28 (2000) e8] (CTS: DYS434, DYS435, DYS436, DYS437, DYS438 and DYS439) plus a novel one reported here (EBF: DYS385, DYS389, DYS460, DYS461, DYS462 and amelogenin) have been used. DYS385, DYS439 and DYS391 were the most informative loci with allele diversities of 0.7997, 0.6683 and 0.5940, respectively. A total of 635 different haplotypes were observed, of which 573 (90.24%) were found in single individuals. The overall haplotype diversity was 0.9988 and that obtained by each multiplex system was 0.9812 for EBF, 0.9292 for MS1 and 0.9089 for CTS.     

Archived or directly swabbed latent fingerprints as a DNA source for STR typing

Former studies [Nature (1997) 387, Electrophoresis 20 (1999) 2870, P. Van Renterghem, D. Leonard, C. De Greef, Progress in Forensic Genetics, Vol. 8, 2000, p. 501, J. Forensic Sci. 45 (3) (2000) 687] have shown that even a single skin contact, documented by a latent fingerprint, can transfer enough DNA for a genetic analysis. It was proven in these studies that it is possible to swab fingerprints from surfaces [Nature (1997) 387, Electrophoresis 20 (1999) 2870, P. Van Renterghem, D. Leonard, C. De Greef, Progress in Forensic Genetics, Vol. 8, 2000, p. 501] and use them as a DNA source. Usually, however, discovered fingerprints are removed with scotch tape and placed on evidence cards for further investigation.In this study, we tried to assess the potential use of latent fingerprints as a DNA source for STR typing. The materials (magnetic powder, soot powder and scotch tape) used for visualization and archiving fingerprints in Germany were tested for their PCR inhibitory characteristics. Then, fingerprints were placed on clean glass surfaces, visualized and tested for their usefulness as a DNA source.Obtained DNA was quantified and tested in an STR system. Partly it proved possible to type fingerprints taken directly from the surface as well as fingerprints removed from the surface with scotch tape.     

Medicare program; prospective payment system for long-term care hospitals: implementation and FY 2003 rates. Final rule

This final rule establishes a prospective payment system for Medicare payment of inpatient hospital services furnished by long-term care hospitals (LTCHs) described in section 1886(d)(1)(B)(iv) of the Social Security Act (the Act). This final rule implements section 123 of the Medicare, Medicaid, and SCHIP [State Children's Health Insurance Program] Balanced Budget Refinement Act of 1999 (BBRA) and section 307(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA). Section 123 of the BBRA directs the Secretary to develop and implement a prospective payment system for LTCHs. The prospective payment system described in this final rule replaces the reasonable cost-based payment system under which LTCHs are currently paid.     

Patients' decisions to die: the emerging Australian jurisprudence

A series of decisions by McDougall J in Hunter and New England Area Health Service v. A (2009) 74 NSWLR 88; Martin CJ in Brightwater Care Group (Inc) v. Rossiter (2009) 40 WAR 84; Higgins CJ in Australian Capital Territory v. JT (2009) 232 FLR 322; and Kourakis J in H Ltd v. J (2010) 240 FLR 402 has built upon prior decisions in New South Wales, Queensland and Victoria. The combination of authority has provided a reasonably homogeneous set of principles on the basis of which future decision-making can take place by clinicians, institutions and courts. It is apparent that, wherever possible, effect will be given to competent patients' wishes in relation to cessation of treatment, nutrition and hydration. However, scrutiny will be applied to patients' capacity in order to examine not the rationality or correctness of their decisions per se but their capacity to make them. It is probable that a rigorous approach will be taken both to whether patients' mental ill health deprives them of capacity and to whether they are provided with sufficient information to understand the consequences and processes of deprivation of nutrition, hydration and medication.     

Actuarial risk assessment and recidivism in a sample of UK intellectually disabled sexual offenders

Abstract

This study examines the effectiveness of three risk assessment instruments: Static-99, Risk Matrix 2000 (RM2000) and the Rapid Risk of Sex Offender Recidivism (RRASOR), in predicting sexual recidivism among 27 intellectually disabled sex offenders. The overall sexual offence reconviction rate was 30%, while non-recidivists remained offence-free over 76 months of follow-up. Static-99 presented as performing as well as guided clinical judgements in mainstream population studies [area under the curve (AUC)=0.64] exceeding the performance of RM2000 (AUC=0.58) in predicting sexual recidivism. However, the results were not statistically significant. In contrast to previous findings, the RRASOR presented the worst level of prediction (AUC=0.42). These results highlight the need to investigate further with larger sample sizes and in conjunction with more dynamic measures of risk. Proposed relevant factors are discussed in detail.     

An evolving technology-transfer system in an R&D consortium: The EPRI approach

The Electric Power Research Institute (EPRI) is a consortium of utility companies whose existence depends on member perceptions that valuable technologies and information have been developed and transferred. This paper outlines eight issues that EPRI, after 17 years of operation had determined to be critical in transferring technology: [1] establishing a perception of value received, [2] creating a sense of full partnership, [3] balancing the R&D portfolio with projects for different members, [4] packaging results for easy understanding and use, [5] reducing information overload by using targeted media, [6] assuring that members have the needed infrastructure to receive and process transfer, [7] integrating EPRI's R&D program with those of the members, and [8] monitoring impact to be sure that value is being received.     

PATERNAL INCARCERATION AND CHILDREN'S RISK OF BEING CHARGED BY EARLY ADULTHOOD: EVIDENCE FROM A DANISH POLICY SHOCK*

In this article, we exploit a Danish criminal justice reform that dramatically decreased the risk of incarceration for individuals convicted of some types of crimes to isolate how having a father who was eligible for a noncustodial sentence under the reform affected a child's risk of ever subsequently being charged with a crime. Specifically, we use a difference‐in‐differences framework to compare all Danish children 12–18 years of age whose fathers were eligible for a noncustodial sentence instead of incarceration under the reform [N = 1,546] with a reference group of children whose fathers were convicted of similar crimes but were ineligible [N = 1,852] in the 2 years surrounding when the reform was enacted [July 1, 2000] as a way of testing the effects of the reform on children's risk of ever being charged with a crime by 22–28 years of age. Our estimates indicate that having a father sentenced under the reform sharply decreased the risk of being charged in the next 10 years for boys but not for girls. Taken together, these results indicate that both paternal criminality and paternal incarceration promote the criminal justice contact of male children and, hence, that paternal incarceration is not solely a symptom of criminality but also a cause of it.     

Teleological Interpretation and Land Law

It may also be presumed that contracts for the sale or other disposition of an interest in land (including leases) fall outside [the] provisions of [the Unfair Terms in Consumer Contracts Directive] (Chitty on Contracts, 27th ed, 1994, vol 1, at 14–091).     

Two-Year Reliability of the Propensity for Abusiveness Scale

The Propensity for Abusiveness Scale (PAS; Dutton [1995a] J. Fam. Violence 10[2]: 203–221) has been shown to correlate with both physical and psychological abuse in a variety of samples including gay men, assaultive males, and male and female college students (Clift, 2001; Dutton et al., 2001). For the current study, 27 male and 37 female university students completed the PAS during the 1998–1999 and the 2000–2001 school years. A 2-year test–retest reliability coefficient of r = .851 was found for women and a reliability coefficient of r = .629 was found for men. The combined sample had a reliability coefficient of r = .774. Moderate test–retest reliability coefficients were also found for each of the subscales.     

Classification of two steroids, prostanozol and methasterone, as Schedule III anabolic steroids under the Controlled Substance Act. Final rule

With the issuance of this Final Rule, the Administrator of the DEA classifies the following two steroids as "anabolic steroids' under the Controlled Substances Act (CSA): prostanozol (17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pyrazole) and methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one). These steroids and their salts, esters, and ethers are Schedule III controlled substances subject to the regulatory control provisions of the CSA.     

Berufungsbehörde,Befugnis zur Sachentscheidung

Die Berufungsbeh?rde ist nicht befugt, auf Grund der Berufung von Parteien mit eingeschr?nktem Mitspracherecht den erstinstanzlichen Genehmigungsbescheid aus Gründen aufzuheben und die Genehmigung zu versagen, hinsichtlich derer kein Mitspracherecht der berufenden Parteien besteht (hier: Der Umweltsenat durfte auf Grund der Berufung von Parteien, die kein Mitspracherecht in Bezug auf die mit dem erstinstanzlichen Genehmigungsbescheid [auch] erteilte Rodungsbewilligung hatten, den erstinstanzlichen Genehmigungsbescheid nicht wegen Rechtswidrigkeit der Rodungsbewilligung aufheben und die Genehmigung nach dem UVP-G 2000 versagen).     

Positive and negative ion mass spectrometry of tricyclic antidepressants

Positive electron impact (EI), positive chemical ionization (CI), and negative CI mass spectra of eight tricyclic antidepressants are presented. In the positive EI mode, peak(s) at m/z 193 and/or 195, which corresponded to the tricyclic nucleus, appeared for five compounds; a peak at m/z 58 was common to compounds having a gamma-dimethylaminopropyl group as their side chain. Molecular ions appeared for all compounds though they were very small in some compounds in the positive EI mode. In the positive CI mode, [M + H]+ quasi-molecular peaks appeared together with [M + C2H5]+ peaks in five compounds; the ion at m/z 196, which corresponded to the tricyclic nucleus also appeared in five compounds. In the negative CI mode with 1 Torr chamber pressure, [M - 1]- quasi-molecular ions were observed for all compounds except for lofepramine; [M + 43]- anions, which probably corresponded to [M + C3H4]-, appeared in five compounds; strong [M + Cl]- ions appeared in carpipramine and clocapramine. The anions due to the tricyclic nucleus also appeared in this mode. In the negative CI mode at low pressure (0.01 Torr), the spectra were generally similar to those in the 1 Torr negative CI mode. However, the cluster anions never appeared at the low pressure. Some data on extraction for some antidepressants from human urine and plasma, and their separation by gas chromatography, are also presented.     

A Japanese computer-assisted facial identification system successfully identifies non-Japanese faces

The method developed by Yoshino et al. in [Forensic Sci. Int. 109 (2000) 225 and Jpn. J. Sci. Tech. Iden. 5 (2000) 9] and already being applied in Japan utilizes a three-dimensional (3D) physiognomic rangefinder combined with a computer-assisted superimposition system. Facial outlines can be compared between two-dimensional (2D) surveillance images and data extracted from 3D images obtained from the rangefinder. Also, the loci of potentially concordant features can be compared and differences measured. The method is largely objective and gives statistics for false positive/false negative findings. This recently developed method by Yoshino et al. is currently being introduced to the Japanese courts. To enable courts outside Japan to assess the admissibility of this new method, studies of non-Japanese faces have been undertaken and shown to produce similar low error rates. The present authors, therefore, consider the Yoshino method to be applicable in a non-Japanese context. As part of this study a comparison of morphological features between two ethnic groups has been undertaken using 3D measurements for the first time and will serve as the foundation for an anthropological database in the future.     

Application of operational psychology to assessment of inmates

Abstract

The newly developed actuarial risk instruments, Static-2002 (Hanson & Thornton, 2003a) and Risk Matrix 2000 (RM2000) (Thornton et al., 2003), were cross-validated and compared with Static-99 (Hanson & Thornton, 2000) in a retrospective follow-up study of 304 forensic psychiatrically evaluated sexual offenders (mean time-at-risk=14.8 years). All instruments predicted any sexual, non-sexual violent and any violent recidivism moderately for child molesters [area under the curve (AUC) of the receiver operating characteristic (ROC)=0.67 (95% CI=0.57–0.77) to 0.76 (95% CI=0.68–0.85)] but poorly for rapists [AUCs=0.64 (95% CI=0.51–0.70) to 0.68 (95% CI=0.59–0.77)]. The instruments also predicted severe sexual recidivism moderately for child molesters [AUCs=0.74 (95% CI=0.63–0.86) to 0.79 (95% CI=0.70–0.89)] but were of no value in informing on this outcome for rapists [AUCs=0.58 (95% CI=0.47–0.68) to 0.63 (95% CI=0.53–0.73)]. AUC estimates were generally higher for Static-2002 and RM2000 than for Static-99, but no single instrument demonstrated statistical superiority. The study provides support for implementing actuarial instruments in applied risk assessments of child molesters.     

Legislative-policy initiatives as a problem-solving process: The case of technology transfer

Legislative and policy initiatives can be viewed as a problem-solving process that includes the following steps: [1] problem identification, [2] identification of objectives, [3] strategies, [4] evaluation of strategies, [5] decision(s), and [6] implementation. This paper uses policies related to technology transfer as a “test case” issue area. It identifies four historical phases for technology transfer—extension service, space-defense spin-off, intergovermental, international, and technology commercialization—and their related objectives. Seven technology-transfer models are presented for accomplishing these objectives: intermediary mechanisms, decentralized invention management, cooperative research, patent waivers, personal incentives, personnel-exchange programs, and foreign patent rights. Actual examples, evaluation criteria, and resulting decisions are subsequently presented. Finally, implementation issues (regulations, technical assistance and training, and financial considerations) are discussed. Sally A. Rood, a public-sector consultant, recently co-authored a handbook on technology transfer for the US Conference of Mayors. She produces a series of bi-monthly bulletins on economic development for the Academy for State and Local Government and the National Council for Urban Economic Development. She is working on her Ph.D. in Public Administration.     

Identification and synthesis of some contaminants present in 4-methoxyamphetamine (PMA) prepared by the Leuckart method

The clandestine synthesis of ring and side chain modified phenylisopropylamines continues to be a major source of these drugs of abuse. One method used for the synthesis of the amphetamine and related compounds involves the treatment of the appropriate ketone with formamide or ammonium formate followed by acid hydrolysis of intermediate N-formyl derivative. In this paper the synthesis of 4-methoxyamphetamine (PMA, 1) by the Leuckart method is investigated. The identification by means of gas chromatography-mass spectrometry (GC-MS) of methoxy derivative of N-(beta-phenylisopropyl)benzaldimine 9, methoxy derivative of N-(beta-phenylisopropyl)benzyl methyl ketimine 5, 1-(4-methoxyphenyl)-N-(4-methoxybenzyl)-2-propanamine 10, (RR/SS) and (RS) 1-(4-methoxyphenyl)-N-[2-(4-methoxyphenyl)-1-methylethyl]-2-propanamine 6a-6c, (RR/SS) and (RS)-1-(4-methoxyphenyl)-N-methyl-N-[2-(4-methoxyphenyl)-1-methylethyl]-2-propanamine 7a-7c, (RR/SS) and (RS)-1-(4-methoxyphenyl)-N-formyl-N-[2-(4-methoxyphenyl)-1-methylethyl]-2-propanamine 8a-8c in crude PMA, are reported. The identity of these compounds was confirmed by independent synthesis of reference compounds. The NMR, MS, IR data, stereochemistry and some chromatographic properties of synthesized compounds are discussed. Finally, the results of the GC-MS analysis of illicitly prepared tablets, containing PMA 1 and 4-methoxymethamphetamine (PMMA, 2), are outlined. The presence of 4-methoxydimethylamphetamine 11, 4-methoxyethylamphetamine 12, and 4-hydroxymethamphetamine 13 are reported in these tablets. The identity of 2, 11, and 12 was confirmed by their independent synthesis.     

Identification and synthesis of by-products found in 4-methylthioamphetamine (4-MTA) produced by the Leuckart method

The synthesis of the designer drug 4-methylthioamphetamine (4-MTA) has been carried out using the well-known Leuckart reaction in four versions. The treatment of 4-methylthiophenylacetone with formamide, mixture of formamide/formic acid, ammonium formate, and mixture of ammonium formate and formic acid followed by acid hydrolysis brought about the formation of 4-MTA contaminated with a number of impurities. The gas chromatography mass-spectrometry (GC-MS) analysis of the reaction mixtures allowed identification of the most prominent impurities, such as diasteromers of N,N-di-[β-(4-methylthiophenyl)isopropyl]amine, N,N-di-[β-(4-methylthiophenyl)isopropyl]methylamine, N,N-di-[β-(4-methylthiophenyl)isopropyl]formamide, the Schiff bases derived from 4-MTA and 4-methylbenzaldehyde (benzaldimine) and 4-methylthiophenylacetone (ketimine) as well as some heterocycles: 4-methyl-5-(4'-methylthiophenyl)pyrimidine, 4-(4'-methylthiobenzyl)pyrimidine, 2,6-dimethyl-3,5-di-(4'-methylthiophenyl)pyridine, 2,4-dimethyl-3,5-di-(4'-methylthiophenyl)pyridine. The correctness of identification was confirmed by independent synthesis of these compounds. Each synthesized reference compound was characterized by means of MS, (1)H and (13)C NMR, and IR methods. The stereochemistry of (RR/SS) diasteromer of N,N-di-[β-(4-methylthiophenyl)isopropyl]amine was confirmed by a crystallographic method.