Testing an Age-old Adage: Can Autopsy Findings be of Assistance in Differentiating Opioid Versus Cardiac Deaths?

Given the common occurrence of both opioid and cardiovascular deaths, and the concomitant use of opioids in those with cardiac disease, the present study was undertaken to see whether the old adage of using the triad of cerebral and pulmonary edema and bladder fullness to suggest an opioid death could be used to differentiate deaths due to opioid toxicity from deaths due to cardiac disease. Brain weight, lung weight, and bladder fullness were compared among opioid-related deaths, cardiac deaths, and a control population. It was found that opioid-related deaths were more likely to have heavy lungs, a heavy brain, and a full bladder, while cardiac-related deaths had smaller volumes of urine in the bladder and heavier hearts. In conjunction with a thorough investigation, these findings may be useful to forensic pathologists when determining whether a death is opioid-related, especially in the setting of concomitant cardiac disease.     

Are Trends in Specialization Across Arrests Explained by Changes in Specialization Occurring with Age?

The current work uses a sample of serious offenders (N = 2,086) to test the extent to which variation in specialization with age accounts for trends in specialization across arrests. Analyses show that controls for age do not have a large influence on trends across arrest in drug offense specialization or trends across arrest in miscellaneous offense specialization. In contrast, results show that controls for age do influence trends in specialization across arrests for violent offenses and for property offenses. For both of these offense types, trends in specialization across arrests prior to controls for age were positive, while trends in specialization across arrests after controls for age were negative. Results show that many of the trends in specialization across arrests found in the earlier literature are likely influenced by changes in specialization occurring with age.     

Can justice be achieved for slave descendents in Mauritius?

This article discusses challenges to achieving justice for slave descendents in Mauritius 177 years after the abolition of slavery. It reflects on the 2009 institution of a Truth and Justice Commission (TJC) in Mauritius to investigate the legacies of slavery and indentured labour. It is argued that time, the ethnic and cultural complexity of Mauritius as well as the TJC itself makes it difficult for Mauritians to achieve restorative justice for slave descendents. Reviewing transitional and restorative justice, the article argues that the Mauritius case study is potentially useful to reflections on the issue of social justice for ancient atrocities and for reflections on the challenges of reparations in complex and democratic societies. It concludes that the greater participation of civil society is required in decisions regarding reparations and that such decisions need to be grounded in contemporary and democratic approaches to achieving justice and the protection of human rights.     

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.     

Can these things be resolved?

This is a report of a presentation on 5th July 2006 by DavidTatham. It focuses on introducing the Uniform Domain Name DisputeResolution Policy (UDRP) and on the ADR procedure of the (then)newly launched .eu domain. The first part provides an excellentintroduction to lawyers     

Can ethyl glucuronide in hair be determined only in 3 cm hair strands?

This paper addresses the suitability of ethyl glucuronide in hair (EtGH) strands other than 3cm for alcohol consumption. This issue will be addressed (a) by statistically comparing the distribution of EtGH results for 3cm hair strands to other hair strands analysed from 4126 cases and (b) by examining the stability of EtGH in an 8cm hair strand and two 12cm hair samples of two volunteers and a post-mortem case using 1cm segmental analysis. For 3464 driving license re-granting Medical and Psychological Assessment (MPA) cases, the detection of alcohol consumption using hair lengths longer than 3cm was never significantly less than for 3cm hair lengths, even up to 12cm hair lengths analysed non-segmented. For 662 non-MPA cases, where, in contrast to MPA cases, generally no abstinence was required, an increase in the EtGH positivity rate was observed with increasing hair length analysed up to 9cm, indicating that EtG-washout effects seem to play a minor role if any. For both MPA and non-MPA hair samples less than 3cm, a drastic, significant increase in the number of positive EtGH samples were observed, compared to 3cm hair lengths, strongly supportive of EtGH incorporation from sweat after a recent alcohol consumption. Segmental studies indicated that EtG is stable in the hair matrix up to 12cm long, hence supporting the above results. Even though both the statistical and the stability studies are preliminary results which need to be confirmed by other studies, they both provide evidence for the determination of alcohol consumption using EtGH in hair lengths longer than 3cm. Amendments to the Consensus of the Society of Hair Testing, the German driving license re-granting guidelines and EWDTS hair guidelines with respect to testing for abstinence and/or alcoholism are proposed for the benefit of the donors.     

Can an employer-based health insurance system be just?

It is America's distinctive practice to tie private health insurance to employment, and recent proposals have tried to retain this link through mandating that all employers provide health insurance to their employees. My primary approach to these issues is neither economic, nor historical, nor political but ethical. After a brief historical overview, I outline a general approach to evaluating the ethical significance of linking the distributions of distinct goods. I examine whether an unjust distribution of jobs spoils justice in the distribution of health insurance, taking as a central example gender inequities in employment and exploring their impact on job-based health insurance. Second, I explore the possibility that justly awarding jobs guarantees justice in employment-sponsored insurance. However, linking the distributions of different goods remains problematic, because such links inevitably undermine equality by enabling the same individuals to enjoy advantages in many different distributive areas. Finally, I examine recent proposals to reform America's health care system by requiring all employers to provide health insurance to their employees. I argue that such proposals lend themselves to the same ethical problems that the current system does and urge greater attention to alternative reform options.     

Positional Asphyxia in Opioid-Related Deaths: Is It Being Overlooked?

The contribution of positional asphyxia in opioid-related deaths is currently unknown. Diagnostic criteria for positional asphyxia include finding the decedent in a position that does not allow for adequate respiration and an inability to extricate themselves from the position due to various conditions. Our primary objective was to assess whether positional asphyxia and the resulting airway compromise were a contributing factor to death due to the toxic effects of opioids. We evaluated 225 deaths where the death scene investigation contained adequate information to evaluate for positional asphyxia and performed a Pearson chi-square test to determine if the proportion of deaths found in an airway compromising position was higher when opioid(s) caused the death. The proportion of decedents found in a potential airway compromising position was greater when the death was related to opioid use (p < 0.0001). Further, narrowing the dataset to decedents who were definitely in an airway compromising position [Yes (24.49%) vs. No (11.02%)] showed a statistically significant association between positional asphyxia and deaths related to opioid use (p = 0.0021). Carefully documenting the position in which the decedent was initially found may be a significant factor in accurate reporting and in harm reduction efforts to decrease the opioid mortality rate.     

Can the AML system be evaluated without better data?

The Anti-Money Laundering regime has been important in harmonizing laws and institutions, and has received global political support. Yet there has been minimal effort at evaluation of how well any AML intervention does in achieving its goals. There are no credible estimates either of the total amount laundered (globally or nationally) nor of most of the specific serious harms that AML aims to avert. Consequently, reduction of these is not a plausible outcome measure. There have been few efforts by country evaluators in the FATF Mutual Evaluation Reports (MERs) to acquire qualitative data or seriously analyze either quantitative or qualitative data. We find that data are relatively unimportant in policy development and implementation. Moreover, the long gaps of about 8 years between evaluations mean that widely used ‘country risk’ models for AML are forced still to rely largely on the 3rd Round evaluations whose use of data was minimal and inconsistent. While the 4th round MERs (2014–2022) have made an effort to be more systematic in the collection and analysis of data, FATF has still not established procedures that provide sufficiently informative evaluations. Our analysis of five recent National Risk Assessments (a major component of the new evaluations) in major countries shows little use of data, though the UK is notably better than the others. In the absence of more consistent and systematic data analysis, claims that countries have less or more effective systems will be open to allegations of ad hoc, impressionistic or politicized judgments. This reduces their perceived legitimacy, though this does not mean that the AML efforts and the evaluation processes themselves have no effects.     

Chilling Journalism: Can Newsgathering be Harassment or Stalking?

Newsgathering often requires journalists to ask uncomfortable questions or make multiple attempts to talk to unwilling sources. Some journalists have been accused of harassment, even when the plain language of state laws would not classify their actions as criminal conduct. In the rare instances that journalists actually were charged with harassment or subject to protective orders for stalking, district attorneys or judges typically did not allow them to be punished. This study, however, found nine statutes that might be applied to punish newsgathering activities that are neither hounding nor harassing. It also identifies language from statutes that clearly could not be applied to punish newsgathering communications by journalists. The article recommends that prosecutors and judges continue to prevent the application of criminal harassment and stalking laws to newsgathering activities.     

Can a Member of Parliament be ‘Genuinely and Properly’ Interested in Court Records?

If there was ever a case where the factual substratum could not have ever been foreseen, McCully v Whangamata Marina Society Inc & Anor ¹ 1 [2006] NZCA 209. (McCully) was one. The case is an unexpected by‐product of the substantive underlying case of Whangamata Marina Society Inc v Attorney‐General ² 2 HC WN CIV 2006, 485–789. (Whangamata) where the member of Parliament (MP) was not a party. The McCully case is unusual because: (1) it is, in law, a civil procedure case that matures into a significant constitutional law case; and (2) it is not the ruling alone, but the factual substratum particularly, that touches on the very heart of constitutional law. This article is limited to a cross‐analysis of the separation of powers, the sub judice rule, and ministerial decision‐making.     

Can Strict Criminal Liability for Responsible Corporate Officers be Justified by the Duty to Use Extraordinary Care?

The responsible corporate officer (RCO) doctrine is, as a formal matter, an instance of strict criminal liability: the government need not prove the defendant’s mens rea in order to obtain a conviction, and the defendant may not escape conviction by proving lack of mens rea. Formal strict liability is sometimes consistent with retributive principles, especially when the strict liability pertains to the grading of an offense. But is strict liability consistent with retributive principles when it pertains, not to grading, but to whether the defendant has crossed the threshold from noncriminal to criminal conduct? In this essay, I review the two most plausible arguments supporting an affirmative answer in the context of the RCO doctrine. First, perhaps this doctrine reflects a rule-like form of negligence, akin to a rule that prohibits selling alcohol to a minor. Second, perhaps this doctrine expresses a duty to use extraordinary care to prevent a harm. Neither argument is persuasive. The first argument, although valid in some circumstances, fails to explain and justify the RCO doctrine. The second argument, a duty to use extraordinary care, is also inadequate. If “extraordinary care” simply means a flexibly applied negligence standard that considers the burdens and benefits of taking a precaution, it is problematic in premising criminal liability on ordinary negligence. If instead it refers to a higher duty or standard of care, it has many possible forms, such as requiring only a very slight deviation from a permissible or justifiable standard of conduct, placing a “thumb” on the scale of the Learned Hand test, identifying an epistemic standard more demanding than a reasonable person test, or recognizing a standard that is insensitive to individual capacities. However, some of these variations present a gratuitous or incoherent understanding of “negligence,” and none of them sufficiently explain and justify the RCO doctrine.