Rape,Defendant Anonymity and Evidence‐Based Policy Making

In 2010, the Coalition government announced in its Programme for Government, that: ‘We will extend anonymity in rape cases to defendants.’ The question of anonymity for defendants accused of rape and other sexual offences, has been repeatedly raised in parliamentary debates over several decades, and has also received frequent attention in newspapers and, to a lesser extent, in academic and professional literature. The debate includes an array of factual claims and arguments that rest on weak empirical foundations. In November 2010, the Ministry of Justice published a report entitled: Providing Anonymity to those Accused of Rape: An Assessment of Evidence, which was intended to provide an evaluation of evidence that would inform the debate over defendant anonymity. This article critically examines this report and its discussion of key issues such as false rape allegations, and considers whether its conclusions can be relied upon by policy makers.     

Reforming Relocation Law: An Evidence‐Based Approach

In recent years, there has been much discussion within international fora about the need for a greater consensus on how to approach relocation cases. Empirical research on the lived experience of parents and children who have been through relocation disputes has an important role to play in providing an evidence base for decisions on policy. In this article, we summarize the findings of a 5‐year prospective longitudinal study of relocation disputes in Australia and make recommendations in the light of this and other research evidence concerning a new approach to relocation law. We argue that there should be no presumptions. Nonetheless there is an appropriate place for legislative or appellate guidance on how to approach these disputes. “Good faith” should be irrelevant to decision making, and children should not be placed in the center of the conflict. The adjudication of relocation disputes should be on the basis of asking three questions: First, how close is the relationship between the nonresident parent and the child and how important is that relationship developmentally to the child? Second, if the relocation is to be permitted, how viable are the proposals for contact with the nonresident parent? Third, if the relationship between the child and the nonresident parent is developmentally important to the child and is likely to be diminished if the move is allowed, then (a) what are the viable alternatives to the parents living a long distance apart? and (b) is a move with the primary caregiver the least detrimental alternative?

Key Points for the Family Court Community
• Describes the findings of empirical research on relocation disputes in Australia on the lived experience of children and families postrelocation disputes.
• Reviews various features of relocation law and proposals for reform in the light of this research evidence.
• Proposes an approach to deciding relocation cases based upon three essential questions.

     

An Assessment of Juvenile Drug Courts’ Knowledge of Evidence‐Based Practices,Data Collection,and the Use of AA/NA

The use of evidence‐based practices (EBPs) has become a core component of juvenile drug courts (JDCs). This research, using a sample of JDCs listed with the National Association of Drug Court Professionals, tests two current assumptions in the field: 1) many JDCs do not use or are unaware of their use of EBPs and 2) JDCs tend to overuse sober support groups (e.g., AA/NA), which are thought to be inappropriate for youth. Results suggest that nearly all JDCs, in the sample, reported using EBPs; however, only about a quarter of them collected treatment data and knew the outcomes of the data. Also, only about half of the JDCs use sober support groups (predominantly AA/NA), and nearly all of the sober support groups were tailored toward youth. Overall, these findings suggest that the current assumptions in the field do not accurately reflect the practices reported by these JDCs. Implications are discussed.     

An Evidence‐based Forensic Taxonomy of Windows Phone Dating Apps

Advances in technologies including development of smartphone features have contributed to the growth of mobile applications, including dating apps. However, online dating services can be misused. To support law enforcement investigations, a forensic taxonomy that provides a systematic classification of forensic artifacts from Windows Phone 8 (WP8) dating apps is presented in this study. The taxonomy has three categories, namely: Apps Categories, Artifacts Categories, and Data Partition Categories. This taxonomy is built based on the findings from a case study of 28 mobile dating apps, using mobile forensic tools. The dating app taxonomy can be used to inform future studies of dating and related apps, such as those from Android and iOS platforms.     

An Evidence‐Based Forensic Taxonomy of Windows Phone Communication Apps

Communication apps can be an important source of evidence in a forensic investigation (e.g., in the investigation of a drug trafficking or terrorism case where the communications apps were used by the accused persons during the transactions or planning activities). This study presents the first evidence‐based forensic taxonomy of Windows Phone communication apps, using an existing two‐dimensional Android forensic taxonomy as a baseline. Specifically, 30 Windows Phone communication apps, including Instant Messaging (IM) and Voice over IP (VoIP) apps, are examined. Artifacts extracted using physical acquisition are analyzed, and seven digital evidence objects of forensic interest are identified, namely: Call Log, Chats, Contacts, Locations, Installed Applications, SMSs and User Accounts. Findings from this study would help to facilitate timely and effective forensic investigations involving Windows Phone communication apps.     

Empathy through Animals: Generating Evidence‐based Outcomes for Empathy Development

Low empathy is a prominent trait associated with juvenile offenders. Many juvenile justice service providers strive to reduce risk factors associated with juvenile delinquency, while producing evidence‐based outcomes for targeted programming. The Youth Services Agency (YSA) Nature Center provides empathy development through animal therapy to adjudicated youth. This project generates evidence‐based outcomes and quantifies the impact of animal therapy on empathy development of adjudicated youth at the YSA Nature Center by utilizing self‐assessment tools. Results indicated trends that animal therapy increases the emotional empathy of YSA clients. Qualitative evidence implied that animal therapy had notable therapeutic value to YSA clients.     

Using Spatial,Temporal and Evidence‐status Data to Improve Ballistic Imaging Performance

Firearms identification imaging systems help solve crimes by comparing newly acquired images of cartridge casings or bullets to a database of images obtained from past crime scenes. We formulate an optimization problem that bases its matching decisions not only on the similarity between pairs of images, but also on the time and spatial location of each new acquisition and each database entry. The objective is to maximize the detection probability subject to a constraint on the false positive rate. We use data on all cartridge casings matches detected in Israel during 2006–2008 to estimate most of the model parameters. We estimate matching accuracy from two different studies and predict that the optimal use of extraneous information would increase the detection probability from 0.931 to 0.987 and from 0.707 to 0.844, respectively. These improvements are achieved by favoring pairs of images that are closer together in space and time.     

Comparative Assessment of a Novel Photo‐Anthropometric Landmark‐Positioning Approach for the Analysis of Facial Structures on Two‐Dimensional Images

Positioning landmarks in facial photo‐anthropometry (FPA) applications remains today a highly variable procedure, as traditional cephalometric definitions are used as guidelines. Herein, a novel landmark‐positioning approach, specifically adapted for FPA applications, is introduced and, in particular, assessed against the conventional cephalometric definitions for the analysis of 16 landmarks on ten frontal images by two groups of examiners (with and without professional knowledge of anatomy). Results showed that positioning reproducibility was significantly better using the novel method. Indeed, in contrast to the classic approach, very low landmark dispersions were observed for both groups of examiners, which were usually below the strictest clinical standards (i.e., 0.575 mm). Furthermore, the comparison between the two groups of examiners highlighted higher dispersion consistencies, which supported a higher robustness. Thus, the use of an adapted landmark‐positioning approach proved to be highly advantageous in FPA analysis and future work in this field should consider adopting similar methodologies.     

How the Framework of Implementation Science Guided an Evidence‐Based Dependency Parenting Program Initiative in Florida

In Florida, like most states, many of the parenting programs that are being utilized with families in the dependency system are non‐evidence based, and fail to provide quantifiable data on parent progress during and after completion of the programs. Providing pertinent information in court on parents’ progress in a parenting program, as opposed to simply monitoring attendance, is a growing need voiced by dependency judges and child welfare case management professionals. Clear, reliable information related to parenting skills acquisition and insight can help to ensure that families involved in the child welfare system have access to quality services that improve outcomes for their children. The purpose of this paper is to detail how a statewide initiative to increase the number of Florida circuits providing evidence‐based parenting programs to their clients utilized implementation science to guide their process, and the degree to which the participating circuits achieved full implementation of evidence‐based parenting programs.     

Alcohol‐Induced Blackout as a Criminal Defense or Mitigating Factor: An Evidence‐Based Review and Admissibility as Scientific Evidence

Alcohol‐related amnesia—alcohol blackout—is a common claim of criminal defendants. The generally held belief is that during an alcohol blackout, other cognitive functioning is severely impaired or absent. The presentation of alcohol blackout as scientific evidence in court requires that the science meets legal reliability standards (Frye, FRE702/Daubert). To determine whether “alcohol blackout” meets these standards, an evidence‐based analysis of published scientific studies was conducted. A total of 26 empirical studies were identified including nine in which an alcohol blackout was induced and directly observed. No objective or scientific method to verify the presence of an alcoholic blackout while it is occurring or to confirm its presence retrospectively was identified. Only short‐term memory is impaired and other cognitive functions—planning, attention, and social skills—are not impaired. Alcoholic blackouts would not appear to meet standards for scientific evidence and should not be admissible.     

1‐800‐Skype‐Me

It is increasingly common that children of divorce are geographically separated from one of their parents. This article considers the challenges that arise from that reality by exploring this problem from a variety of perspectives and by providing practical tips to minimize the impact of the distance. A review of the Ontario caselaw and Arizona Guidelines reveal that certain factors are important in the resolution of these disputes, including: the age of the child, mode of transportation between homes, distance, prior contact, and feasibility of virtual access. Court‐ordered access may include remedies that, absent the distance issue, may be considered extreme, including moving to overnight/extended access periods for young children, permitting children to travel unaccompanied, favoring the nonresident parent for holidays and vacation time, allowing children to decrease contact with the nonresident parent, and decreasing or terminating child support. Where distance dictates the in‐person and virtual access schedules, creative solutions are critical to the successful resolution of these cases. Forward thinking family law professionals can meaningfully help parents to achieve better outcomes for children.     

CHILD CUSTODY EVALUATION PRACTICES: A 20‐YEAR FOLLOW‐UP

This study surveyed 213 experienced child custody evaluators utilizing the same questionnaire in the Ackerman & Ackerman 1997 and Keilin & Bloom 1986 studies. Demographic information, evaluation practices, custody decision‐making, and recommendations were surveyed. Comparisons were made across all three studies to identify the similarities and differences in child custody evaluation practices over the past 20 years. This study added questions about risk management and ethical issues, and current practices in placement/access schedules. The reader is advised that not engaging in the practices performed by a majority of psychologists could result in a difficult testimony experience.     

Multimethod Resolution of a Small‐Scale Case of Commingling

This study highlights the use of multiple methods for resolving a case of commingled human remains. Skeletal remains were located in a marijuana field in rural northern California by law enforcement. Although initially buried in shallow graves, the remains of two decedents were disturbed by large carnivores and scattered over a wide area. The remains were submitted by law enforcement for forensic anthropological analysis and resolution of commingling. To segregate the remains of the two individuals, a number of methods were employed, including: (i) physical matching of fragmented remains; (ii) articulation to evaluate joint congruence; (iii) visual pair‐matching of bilateral elements; (iv) osteometric pair‐matching; (v) evaluation of taphonomic patterns; (vi) DNA analysis; and (vii) portable X‐ray spectrometry (pXRF). This multimethod approach resulted in accurate resolution of the commingling and facilitated reconstruction of the biological profiles, taphonomic patterns, and trauma analysis for each individual.     

The Biggest “Have” of Them All: Wal‐Mart and Its Litigation Outcomes in Slip‐and‐Fall Cases

Scholars have theorized that resource‐rich litigants known as the “haves” tend to succeed disproportionately in litigation when the adverse party is a “have‐not.” The traditional theory suggests that haves are able to use their wealth to secure better attorney representation and can use their frequent experience in litigation to tip the scales of justice in their favor, particularly when faced with “one‐shotters” whose involvement in litigation is infrequent. A remaining question, however, is whether some haves fare better than other similarly situated haves. Specifically, this article posits that the litigation strategy used by the defendant may also play a role in litigation outcomes. Companies that tenaciously fight claims that, in the short term, would be cheaper to settle might discourage otherwise valid claims in the future from being filed out of fear that the litigation will be a protracted battle. This article examines Wal‐Mart Stores, Inc. (Wal‐Mart)—the largest revenue‐generating company in the United States—to explore whether it fares better than other resource‐rich defendants. Wal‐Mart in particular has a reputation against settling cases and thus is an excellent vehicle to investigate this hypothesis. Appellate cases in an eleven‐year period involving slip‐and‐fall litigation were compiled, and the results show that Wal‐Mart did win at a higher rate than other defendants. Although more research is needed to explore fully the effect of litigation strategy on win–loss rates, this sample of cases demonstrates that Wal‐Mart is a more effective and victorious litigant.     

Commentary on Foubert, Godin, & Tatum (2010): the evolution of sexual violence prevention and the urgency for effectiveness

Foubert, Godin, and Tatum describe qualitative effects among college men of The Men's Program, a one-session sexual violence prevention program. This article and the program it describes are representative of many sexual violence prevention programs that are in practice and provide an opportunity for a brief discussion of the development and evaluation of sexual violence prevention approaches. In this commentary, we will focus on two considerations for an evolving field: the adherence to the principles of prevention and the use of rigorous evaluation methods to demonstrate effectiveness. We argue that the problem of sexual violence has created urgency for effective prevention programs and that scientific and prevention standards provide the best foundation to meet this need.     

Fatality of 33‐Year‐Old Man Involving Kratom Toxicity

Kratom is an herbal product commonly used for its effects which are similar to opioids and stimulants. Few studies demonstrate the dangers and lethality of Kratom, and most fatalities from Kratom involve other abused substances. In the current case report, a 33‐year‐old white man with a known history of opioid abuse and mental illnesses was found unresponsive in his basement with no obvious signs of trauma. After resuscitative efforts, he was pronounced dead and taken for autopsy evaluation. Blood from the inferior vena cava was analyzed for common abused substances. The laboratory toxicology work‐up revealed positive findings of caffeine, cotinine, and naloxone with low levels of Δ‐9 tetrahydrocannabinol. However, a marked level of mitragynine at 1.9 mg/L was observed, the highest reported to date. Given the facts and evidence, the medical examiner certified the cause of death as “mitragynine toxicity” and the manner of death was classified as an “accident.”     

Analyzing the Psychological and Social Contents of Evidence—Experimental Comparison between Guessing,Naturalistic Observation,and Systematic Analysis

To improve inferences about psychological and social evidence contained in pictures and texts, a five‐step algorithm—Systematic Analysis (SA)—was devised. It combines basic principles of interpretation in forensic science, providing a comprehensive record of signs of evidence. Criminal justice professionals evaluated the usefulness of SA. Effects of applying SA were tested experimentally with 41 subjects, compared to 39 subjects observing naturally (naturalistic observation) and 47 subjects guessing intuitively intuitive guessing group. After being trained in SA, prosecutors and police detectives (N = 217) attributed it a good usefulness for criminal investigation. Subjects (graduate students) using SA found significantly more details about four test cases than those observing naturally (Cohen's d = 0.58). Subjects who learned SA well abducted significantly better hypotheses than those who observed naturally or who guessed intuitively. Internal validity of SA was α = 0.74. Applying SA improved observation significantly and reduced confirmation bias.