Peer‐Reviewed Forensic Consultation in Practice: Multidisciplinary Oversight in Common Expertise

The fallibility of forensic science consultation is an ongoing and major justice concern. Prospective peer‐reviewed forensic consultation has over 10 years of application in American criminal and civil courts, adapting from the traditional oversight of teaching hospitals, rules of evidence and discovery, conventions of testimony of expert witnesses, and attorneys' overall trial strategy. In systematizing heightened oversight, this process ensures greater accountability in forensic science consultation. The integration of peer reviewers' complementary expertise and experience enhances the sophistication and overall quality of assessment. Forensic examination frequently involves the interface of different specialties. Multidisciplinary peer review augments expert proficiency with that of professional peers having different vantage points from relevant scientific disciplines. This approach ensures greater sophistication of a case inquiry, built‐in accountability, and streamlined processes when multiple experts are necessitated. Here, the authors present examples of several cases and the primary and secondary benefits of this collaborative, rigorous, cross‐disciplinary exercise.     

Hierarchical Cluster Analysis of Ignitable Liquids Based on the Total Ion Spectrum

Gas chromatography–mass spectrometry (GC–MS) data of ignitable liquids in the Ignitable Liquids Reference Collection (ILRC) database were processed to obtain 445 total ion spectra (TIS), that is, average mass spectra across the chromatographic profile. Hierarchical cluster analysis, an unsupervised learning technique, was applied to find features useful for classification of ignitable liquids. A combination of the correlation distance and average linkage was utilized for grouping ignitable liquids with similar chemical composition. This study evaluated whether hierarchical cluster analysis of the TIS would cluster together ignitable liquids of the same ASTM class assignment, as designated in the ILRC database. The ignitable liquids clustered based on their chemical composition, and the ignitable liquids within each cluster were predominantly from one ASTM E1618‐11 class. These results reinforce use of the TIS as a tool to aid in forensic fire debris analysis.     

Do Gang Members Commit Abnormal Homicide?

Gang membership is a robust correlate of homicide offending and victimization, but little is known about the association between gang status and various abnormal forms of homicide (e.g., multiple-victim homicide, sexual homicide, and abduction homicide). The current study utilized data from a large sample of 618 male convicted murderers to empirically examine gang status and diverse forms of homicide perpetration. Gang-involved offenders were nearly three times as likely to commit a normal homicide characterized as a single-victim murder. However, gang members were 64 % less likely to perpetrate multiple-victim murder. In other models, gang status reduced the likelihood of sexual homicide by 75 % and reduced the likelihood of abduction homicide by 56 %. These findings present an anomaly in the gang-homicide literature, and suggestions for additional research are offered.     

Toys for the Boys? Drones,Pleasure and Popular Culture in the Militarisation of Policing

This paper argues that the various and contradictory rationales offered for law enforcement drones are symptomatic of a ‘weapons fetish’ evident in popular culture. This fetishisation imbues military technology such as the drone with masculine fantasies of control and domination that obscure the practical limitations and ethical implications of drones for crime control and prevention. By linking the pleasures of militarism to crucial shifts in the social and economic order, the paper argues that counter-terrorism discourse functions to legitimate the militarised masculine subject positions of paramilitary policing specifically and the neoliberal state generally. In such a context, the drone features as a regressive ‘weapon-toy’ that fuses state control with technological transcendence.     

Types of crimes committed by repeat DUI offenders

This study investigates whether repeat driving under the influence (DUI) offenders have more extensive histories of violent, property, and drug crimes than first-time drunk drivers. It also offers an exploratory investigation into the extent of their criminal specialization. Negative binomial regression was performed on arrest and criminal history data from a systematic random sample of 429 DUI arrestees. Analyses controlling for age, gender, ethnicity, and employment found that being a repeat DUI offender increased the total number of violent and property convictions (regardless of severity) and petty misdemeanor/violation property convictions. The results suggest DUI recidivists are generalists rather than specialists and that impaired driving is best viewed as just one manifestation of a host of deviant behaviors. They also illustrate the challenges of rehabilitating and deterring DUI recidivists and the potential differences between first-time and repeat DUI offenders. The findings should not be interpreted as support of enforcement or deterrent DUI policies that focus on repeat offenders, as limited resources are most efficiently directed at the general population of impaired drivers.     

TOPICAL ISSUES IN CROSS BORDER DISCOVERY： RECONCILING PERSONAL DATA REGULATIONS AND INTERNATIONAL GUIDELINES

This article will consider the following questions： What is the current state of the European data privacy and transfer regime？ What are the challenges the regime is facing and what are the modifications being considered to address them？ What role can the Sedona Conference play in reconciling personal data regulations and cross border discovery？ We will explore the following critical issues： 1. The position taken by the European Commission （EC） in its proposed General Data Protection Regulation （2012） that the current regime, as embodied in the European Union （EU） Data Protection Directive 95/46/EC, has not fully achieved the harmonization of its member state＇s legal systems that was originally envisioned; 2. How the regime can adapt to the challenges and be driven by dynamic legal, technological and economic environments？ The paper will conclude by examining key provisions of the EC＇s proposed regulation within the context of the Sedona Conference＇s International Principles and offer recommendations on implementation.     

Measuring the autonomous influence of an international bureaucracy: the Division for Sustainable Development

International bureaucracies influence global governance processes as independent agents. Biermann and Siebenhüner (Managers of global change: the influence of international environmental bureaucracies. MIT Press, Cambridge, 2009) have developed an analytical framework to measure and explain the degree of autonomous influence of bureaucracies. We test the validity of the causal claims in the framework by applying it to the Division for Sustainable Development, the bureaucracy that services the Commission on Sustainable Development and compare the results with existing applications of the framework to the United Nations Environmental Program and the Climate Secretariat (UNFCCC). The test shows that the framework is comprehensive and captures the main elements of bureaucratic influence. The structure of the explanatory variables, however, as well as some causal claims, needs to be improved. For instance, the framework includes too many explanatory variables, and interplay between the variables is not taken into account. The article suggests five concrete measures to improve the framework by, for example, creating protocols, collapsing variables, and introduce weightings to the variables.     

“The ladder of the law has no top and no bottom”: How therapeutic jurisprudence can give life to international human rights

In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy.