Development of a specific fragmentation pattern-based quadrupole-Orbitrap™ mass spectrometry method to screen drugs in illicit products

Over the past decade, illicit drugs have been founded in marketed products, which pose a risk to public health. In particular, newly designed analogues synthesized by chemical modification of parent compounds to avoid detection by authorities are frequently detected worldwide. Although many analytical methods for determination of drugs have been reported, analytical methods using high-resolution mass spectrometry, which has the advantage of rapid screening and accurate identification of new substances, are necessary to control illicit drugs in marketed products. In this study, a rapid analytical method using an Orbitrap™ mass spectrometer for identification of illicit drugs in marketed products was developed. The 32 drugs were classified as benzodiazepine-, synthetic cannabinoid-, amphetamine- and benzylpiperazine-type drugs according to their chemical structures, and from their fragmentation patterns in tandem mass spectrometry spectra of an established method. The method validation gave a limit of detection of 0.06–5.30 ng/mL and a limit of quantification of 0.18–16.50 ng/mL, high linearity (R² > 0.994) and mean recoveries of spiked matrix-blank samples ranging from 83.7% to 117.1%. Approximately 71% of 21 samples collected over 3 years were found to individually contain one of four types of benzodiazepines or two different synthetic cannabinoids. In one case, levels as high as 827.2 mg/g were measured suggesting adulteration at high levels, which suggests that potential illicit products containing drugs should be regularly screened to protect public health.     

The effect of cleaning agents on the ability to obtain DNA profiles using the Identifiler™ and PowerPlex® Y multiplex kits

Abstract: A year after the introduction of Identifiler? into the forensic DNA laboratories of the Institute of Environmental Science and Research Limited (ESR), increasing occurrences of dropout of the three loci, D7S820, D18S51, and FGA, were observed in samples where the DNA was not degraded and sufficient DNA was present that full DNA profiles were to be expected. The dropout was either partial or complete at these loci. Full profiles could sometimes be obtained by reamplification of samples using the same input amount of DNA. After a thorough investigation of the methods and procedures used in the laboratory, the cause of this inhibition was identified as the cleaning agent TriGene? ADVANCE. This was determined after the deliberate addition of varying amounts of different cleaning reagents into the DNA amplification reactions. At concentrations of 0.004% TriGene? ADVANCE caused inhibition resulting in tri‐loci dropout. At concentrations of 0.04% and higher, complete inhibition was observed. An effect was also seen on the amplification of samples using the Y STR profiling system PowerPlex^®Y. This work highlights the importance of checking all reagents and chemicals prior to use, even those with no apparent direct influence on the DNA profiling process.     

Evaluation of Lumicyano™ cyanoacrylate fuming process for the development of latent fingermarks on plastic carrier bags by means of a pseudo operational comparative trial

There are a number of studies discussing recent developments of a one-step fluorescent cyanoacrylate process. This study is a pseudo operational trial to compare an example of a one-step fluorescent cyanoacrylate product, Lumicyano™, with the two recommended techniques for plastic carrier bags; cyanoacrylate fuming followed by basic yellow 40 (BY40) dyeing and powder suspensions. 100 plastic carrier bags were collected from the place of work and the items were treated as found without any additional fingermark deposition. The bags were split into three and after treatment with the three techniques a comparable number of fingermarks were detected by each technique (average of 300 fingermarks). The items treated with Lumicyano™ were sequentially processed with BY40 and an additional 43 new fingermarks were detected. Lumicyano™ appears to be a suitable technique for the development of fingermarks on plastic carrier bags and it can help save lab space and time as it does not require dyeing or drying procedures. Furthermore, contrary to other one-step cyanoacrylate products, existing cyanoacrylate cabinets do not require any modification for the treatment of articles with Lumicyano™. To date, there is little peer reviewed articles in the literature on trials related to Lumicyano™ and this study aims to contribute to fill this gap.     

Positive obligations under the African Charter on Human and Peoples’ Rights: the duty of the Nigerian Government to enact a Freedom of Information Act

Beginning with the Independence Constitution of 1960, the right to freedom of information and other civil and political rights have been guaranteed by successive Nigerian Constitutions as fundamental human rights. The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, which incorporated the provisions of the African Charter on Human and People’s Right into Nigerian law in 1983 consolidated these and a plethora of other social, economic and cultural rights and imposed a positive duty on the government to adopt legislative and other measures to give them effect. This article develops this potentially revolutionary principle of positive obligations, which amazingly remains unsung and unused more than a quarter of a century after it became an integral part of Nigerian law. The first part of the article proposes the principle as the most effective basis to compel the enactment of a Freedom of Information legislation, which successive governments have refused to enact despite overwhelming public support and sustained lobbying for a Freedom of Information Bill first introduced in the National Assembly in 1997. The second part critically analyses the latest (2007) version of the Bill. It concludes that its provisions are inadequate to give effect to the right to freedom of information in view of the legal and bureaucratic environment under which it will operate, and suggests remedial measures.     

Cosmetic and convenience surgeries on companion animals: the case for laws with bite to protect a dog’s bark

Abstract

Of the various potential improvements and expansions of the current legal protections for companion animals, this paper will focus on the rationale for, and the possibility of, a ban on companion dog and cat cosmetic and convenience surgeries. After discussing the practical significance of society’s soft spot for companion dogs and cats, this paper will discuss the ‘physically painful’ and ‘unjustifiable’ nature of the cosmetic and convenience surgeries themselves, as well as the statutes, legislative and voter initiatives, and case law relevant to those surgeries. Ultimately, this paper will conclude that although across the board bans on companion dog and cat cosmetic and convenience surgeries would likely fail in all but a tiny minority of ‘animal-friendly’ municipalities, bans that solely target debarking could be more broadly enacted because debarking has been practiced for a shorter period of time than the other surgeries, is performed less frequently, and may be more readily understood by the average American as ‘unnatural,’ and therefore, cruel.     

A charred body inside a burning car with a garden hose connected to the exhaust pipe: Post-mortem self-immolation,a complex or a complicated suicide after the ingestion of alcohol? The importance of an interdisciplinary approach

The analysis of charred bodies represents a serious challenge for forensic pathologists, and an interdisciplinary approach is often the only way to determine the cause and manner of death. We present an unusual case in which the charred body of a 61-year-old man was found inside his burning vehicle. In order to determine cause and manner of death, an interdisciplinary team was employed, with experts in forensic pathology, forensic radiology, toxicology and fire investigations. Post-mortem computed tomography, autopsy and toxicology ruled out the presence of trauma injury and detected signs of vital exposure to fire and blood alcohol levels. On the other hand, according to fire investigations, the fire started inside the car and partially burned fragments of a garden hose were found along the right side of the car. A suicide could therefore be hypothesized, with the man having attempted to poison himself with the car's exhaust fumes and having set the car on fire. The death was consistent with a complicated suicide in which the victim, in a state of reduced capability, accidentally set his car on fire and was unable to escape. The hypothesis of a complex suicide, with the car having been set deliberately on fire, could not, however, be ruled out.     

Comparison of the M-Vac® Wet-Vacuum-Based Collection Method to a Wet-Swabbing Method for DNA Recovery on Diluted Bloodstained Substrates*†‡

A wet-vacuum-based collection method with the M-Vac^® was compared to a wet-swabbing collection method by examining the recovery of diluted blood on 22 substrates of varying porosity. The wet-vacuum method yielded more total nuclear DNA than wet-swabbing on 18 porous substrates, recovering on average 12 times more DNA. However, both methods yielded comparable amounts of total DNA on two porous and two nonporous substrates. In no instance did wet-swabbing significantly recover more DNA. The wet-vacuum method also successfully collected additional DNA on previously swabbed substrates. Mitochondrial DNA yields were assessed, and outcomes were generally similar to the nuclear DNA outcomes described above. Results demonstrate that wet-vacuuming may serve as an alternative collection method to swabbing on difficult porous substrates and could potentially recover additional DNA on previously swabbed substrates. However, swabbing remains the preferred collection method on substrates with visible stains and/or nonporous surfaces for reasons of convenience, simplicity, and lower cost relative to the wet-vacuum method.     

Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

More Sanctions – Less Prison? A Research Note on the Severity of Sanctions Proposed by Survey Participants and how it is Affected by the Option to Combine a Prison Term with Other Sanctions

Public opinion has come to be given an increasingly important role in the crime policy debate of western countries. The task of problematising different pictures that emerges from different studies of public opinion on appropriate sentences thus becomes an important task. In this article the question is whether survey respondents, in their choice of reactions to crime, tend to propose shorter prison sentences when they combine the prison term with other measures? If so, different response instructions can lead to different conclusions as to what survey participants consider to be appropriate sentences. Earlier research points at such tendencies to some extent. In order to examine this question, two comparisons will be made. In the first, survey respondents who chose to combine a prison sentence with other measures is compared with those who chose to propose a prison sentence as the only sanction. In the second, participant who were instructed to only propose a single sanction will be compared with those who were given the opportunity to combine two sanctions. Both comparisons are made with regard to the lengths of the proposed prison sentences. No systematic differences emerge. The correlation between the length of prison term proposed and the choice, or opportunity given, to combine the prison term with other measures varies, for example, across the different offences examined. The choice of appropriate reactions to crime is based on a more advanced deliberation than whether different sanctions may be combined.     

Legal responses to child sexual abuse cases in the Children’s Court of Victoria: study findings on a case-management approach

Child sexual abuse cases present Children’s Courts with distinctive challenges. The highly conflictual nature of child sexual abuse cases means they do not lend themselves to the usual adversarial court processes that characterise the conduct of Magistrate Court matters in Australia. With this in mind, the Children’s Court in Victoria established for 12 months in 2013 a pilot specialised judicial list (known as the ‘D’ List) which offered an intensive Magistrate-led case management approach to child sexual abuse cases in the Family (child protection) Division of the Court. The operation of the List was evaluated to assess the suitability and effectiveness of this approach, and to investigate the challenges associated with managing and deciding this class of cases. The findings confirmed that the List provided better management of cases and reduced delay. Given this, the Court is continuing the judicially proactive intensive case management approach and dedicated list for child sexual abuse matters and extending it to regional courts; believing it to be a more effective approach to managing and deciding this complex class of cases.     

Issues on Nibbāna with Special Reference to Verse No. 1074 of the Upasīvamāṇavapucchā in the Suttanipāta

This paper discusses verse 1074 of the Suttanipāta’s (Sn v. 1074) Upasīvamā?avapucchā. While various interpretations of the verse are possible due to a lack of textual sources to draw from for interpretation, I attempt to understand this verse—which describes the state of nibbāna using the metaphor of an extinguished fire—through a philological examination of the text itself and other contemporary ones. Specifically, I focus on whether the verse implies that nibbāna takes place in the present life or at and after the end of life by examining the compound nāmakāya and the phrase attha? paleti that appear in it. Arguing that the former term is a dvandva meaning “name-and-body” and that the latter means “goes down” (implying the end of life), I conclude that in this verse the Buddha is discussing nibbāna at and after the end of life. However, I do not deny that different interpretations are possible. When dealing with an ancient verse, the interpretation of one word can affect one’s understanding of the verse itself or the sutta overall, possibly leading to perspectives on early Buddhist thought completely different from the original meaning or original intention of the author of the sutta. Taking this into consideration, this paper adopts a meticulous approach to philologically examining early Pāli texts.     

Why is it taking so long to move down the road?: Creating a regional border agreement in the DMV as an alternative for the Interstate Compact on the Placement of Children

The Interstate Compact on the Placement of Children (ICPC) is an agreement between all 50 states and the District of Columbia governing the process of placing a foster child out of state. Notorious for its long wait times and system backlog, the ICPC presents a host of problems for children attempting to move mere minutes across state lines to be with a relative or kin placement instead of state foster care. In an effort to make this process smoother, 18 different “border agreements” have been adopted by several neighboring states across the U.S. Such border agreements give temporary placement licenses to relatives and kin while the ICPC process is ongoing. While this is a good start towards a solution, the ICPC could be further streamlined if border agreements were used more widely, especially in regional contexts. This article considers the possibility of such a regional agreement between the District of Columbia, Maryland, and Northern Virginia (known as the “DMV”). By comparing and contrasting two existing border agreements in these three jurisdictions, a regional DMV border agreement can be created implementing the best terms of both agreements.     

Choice of Jurisdiction: a Recipe of the Reform of Jurisdiction System of Administrative Cases——Based on analysis of "Officials Shield Officials" breeds "difficulty to complain" in administrative proceedings

从行政诉讼原被告及法官三方力量博弈的角度看,受制于现行行政案件管辖制度,“当地法院管辖”、“法院裁定管辖”使得强势的行政权与次强势的司法权强强联合成为现实,进而导致弱势的原告“告状难”.司法权行使去当地化,阻断行政权对司法权的不当干扰;司法权行使去裁定化,杜绝司法权不当行使;赋予原告充分的案件管辖选择权,提升其对抗行政权、司法权的能力,促成三方力量平衡,是解决民告官“告状难”的一剂良方.     

Who is Qualified to Provide Expert Testimony on the Psychological Fitness for Duty of a Police Officer? A Guide for Agencies,Lawyers and Hearing Officers

The Rules of Evidence in the Federal Courts and most State Courts are lenient in qualifying witnesses as experts. This article looks at the most common standard for determining who is qualified to testify as an expert regarding the psychological fitness for duty of a serving police officer. The article then discusses key areas that agencies, attorneys and hearing officers should focus on in determining the credibility of an expert’s testimony. Finally, this paper suggests trial preparation techniques for counsel, should a disputed fitness evaluation become involved in litigation.