State Constitutions, Freedom of Expression, and Search and Seizure: Prospects for State Court Reincarnation

This article examines the decisions of ten state high courtsin the areas of access to private property for expressive purposesand exclusion of the fruits of illegal searches and seizures.The analysis centers on two questions. First, are some statesrelying on their own constitutions to resolve individual rightsissues while other continue to follow the United States SupremeCourts interpretation of the federal Constitution? Second, havethe states that do rely on their own constitutions to resolveindividual rights issues developed an independently based stateconstitutional jurisprudence, or have they simply attemptedto circumvent decisions of the Burger Court? The authors findlittle evidence that the state high courts examined here havebegun, as yet, to develop an independent approach to state constitutionalanalysis.     

Are prisoners Clients?

Public servants should identify their clients. As a statement of modern practice it seems unobjectionable. The emphasis of modern management has shifted from die inputs and processes to the outputs and recipients of government services. The language of the public sector has been infused with the rhetoric of the private, with discussion of customers and clients, rather than, as previously, recipients and patients. In many places the benefits are apparent, with officials less concerned with ensuring that every minute process is satisfied and more directed to the needs of those whom they service. My concern here is not to challenge the notion that a concentration on clients and customers is desirable; in places it clearly is. Rather I want to suggest that while a client focus may be applicable in some facets of public policy it is not universally so. There are instances where the attempt to classify everyone as clients may be counterproductive and strip the concept of useful meaning.     

DNA Analysis and Document Examination: The Impact of Each Technique on Respective Analyses

Threatening letters, counterfeit documents, and anonymous notes can commonly be encountered in criminal situations. Such handwritten documents may encourage DNA to transfer from the writer's hands and lower arms when these areas come into contact with the document. As any DNA transferred is likely to be at a low level, sensitive low copy number (LCN) DNA analysis can be employed for testing document exhibits. In this study, we determine locations on the document that are most commonly touched during writing and handling and compare DNA recovery from these sites. We describe the impact of DNA sampling on subsequent document examination techniques including the ESDA^® and likewise the effect of the ESDA^® and two other document examination techniques on subsequent DNA analysis. The findings from this study suggest that DNA results can be obtained through targeted sampling of document evidence, but that care is required when ordering these examination strategies.     

Canine Population Data Generated from a Multiplex STR Kit for Use in Forensic Casework*

Abstract: Canine biological specimens are often part of the physical evidence from crime scenes. Until now, there have been no validated canine‐specific forensic reagent kits available. A multiplex genotyping system, comprising 18 short tandem repeats (STRs) and a sex‐linked zinc finger locus for gender determination, was developed for generating population genetic data assessing the weight of canine forensic DNA profiles. Allele frequencies were estimated for 236 pedigreed and 431 mixed breed dogs residing in the U.S. Average random match probability is 1 in 2 × 10³³ using the regional database and 1 in 4 × 10³⁹ using the breed dataset. Each pedigreed population was genetically distinct and could be differentiated from the mixed breed dog population but genetic variation was not significantly correlated with geographic transition. Results herein support the use of the allele frequency data with the canine STR multiplex for conveying the significance of identity testing for forensic casework, parentage testing, and breed assignments.     

Fimag: The United Kingdom Disaster Victim/Forensic Identification Imaging System

Abstract:  Imaging is an integral diagnostic tool in mass fatality investigations undertaken traditionally by plain X-rays, fluoroscopy, and dental radiography. However, little attention has been given to appropriate image reporting, secure data transfer and storage particularly in relation to the need to meet stringent judicial requirements. Notwithstanding these limitations, it is the risk associated with the safe handling and investigation of contaminated fatalities which is providing new challenges for mass fatality radiological imaging. Mobile multi-slice computed tomography is an alternative to these traditional modalities as it provides a greater diagnostic yield and an opportunity to address the requirements of the criminal justice system. We present a new national disaster victim/forensic identification imaging system—Fimag—which is applicable for both contaminated and non-contaminated mass fatality imaging and addresses the issues of judicial reporting. We suggest this system opens a new era in radiological diagnostics for mass fatalities.     

Distribution of 6-monoacetylmorphine and morphine in head and pubic hair from heroin-related deaths

There is limited published data to aid interpretation of analytical findings from hair analysis. The aim of the study was to collate 6-monoacetylmorphine (6-AM) and morphine concentrations in head and pubic hair from heroin users and to propose reference ranges and relate these to the amount of heroin used. The ratio of morphine-to-6-AM was also investigated. A total of 82 head hair samples divided into 173 segments of various lengths and 15 pubic hair samples were collected at postmortem from heroin users. The hair was analysed using a previously published method. A statistical evaluation demonstrated that in head hair, the lower, middle and upper concentration ranges of 6-AM were 0.1–0.9, 0.9–12.5 and 12.5–154.1 ng/mg and those of morphine were 0.1–0.8, 0.8–6.0 and 6.0–36.3 ng/mg. In pubic hair, the lower, middle and upper concentration ranges of 6-AM were 0.2–0.5, 0.5–2.3 and 2.3–18.2 ng/mg and those of morphine were 0.2–0.4, 0.4–2.4 and 2.4–13.3 ng/mg. The morphine-to-6-AM ratio showed a large variation. The ratio tended to decrease from proximal to distal segments. The statistical results suggest low, middle and high concentration ranges which we propose can be used for estimating the amount of heroin consumed into corresponding low or occasional, regular or habitual and heavy or excessive drug use. The ratio of morphine-to-6-AM showed great variation and did not support the proposal that a ratio less than 0.77 is needed to prove ingestion of heroin.