A meta-analytic review of the frequency and patterning of laryngohyoid and cervical fractures in cases of suicide by hanging

The frequency and distribution of fractures are commonly utilized to assist in interpreting the manner of death. In cases of alleged suicide by hanging, however, the evidence base for the frequency and patterning of laryngohyoid and cervical vertebrae fractures resulting from such blunt force traumatic events is limited and so fractures cannot be reliably used to assist in interpreting the manner. Using meta-analytic techniques, this study aimed to estimate frequency and distribution of fractures in the context of relevant intrinsic and extrinsic variables. A systematic review of the literature identified 20 studies with relevant data (8523 cases of suicide by hanging). Meta-analyses identified the frequency and distribution of fractures present and how fracture frequency was affected by the subgroups of age, sex, completeness of suspension, ligature knot position and study design. Results indicated that fracture frequency was variable, there was no unique patterning, and high levels of heterogeneity were present in all variable sub-groups. Age was the only subgroup to show differences. Findings suggest that neck fracture frequency is inconsistent and cannot be predicted by the chosen variables. Subsequently, neck fractures in isolation should not be given weight in medico-legal interpretations of a hanging death as suicidal.     

Protecting digital identity in the cloud: Regulating cross border data disclosure

Widespread use of cloud computing and other off-shore hosting and processing arrangements make regulation of cross border data one of the most significant issues for regulators around the world. Cloud computing has made data storage and access cost effective but it has changed the nature of cross border data. Now data does not have to be stored or processed in another country or transferred across a national border in the traditional sense, to be what we consider to be cross border data. Nevertheless, the notion of physical borders and transfers still pervades thinking on this subject. The European Commission (“EC”) is proposing a new global standard for data transfer to ensure a level of protection for data transferred out of the EU similar to that within the EU. This paper examines the two major international schemes regulating cross-border data, the EU approach and the US approach, and the new EC and US proposals for a global standard. These approaches which are all based on data transfer are contrasted with the new Australian approach which regulates disclosure. The relative merits of the EU, US and Australian approaches are examined in the context of digital identity, rather than just data privacy which is the usual focus, because of the growing significance of digital identity, especially to an individual's ability to be recognized and to transact. The set of information required for transactions which invariably consists of full name, date of birth, gender and a piece of what is referred to as identifying information, has specific functions which transform it from mere information. As is explained in this article, as a set, it literally enables the system to transact. For this reason, it is the most important, and most vulnerable, part of digital identity. Yet while it is deserving of most protection, its significance has been largely under-appreciated. This article considers the issues posed by cross border data regulation in the context of cloud computing, with a focus on transaction identity and the other personal information which make up an individual's digital identity. The author argues that the growing commercial and legal importance of digital identity and its inherent vulnerabilities mandate the need for its more effective protection which is provided by regulation of disclosure, not just transfer.     

Own-age bias in video lineups: a comparison between children and adults

Abstract

The present study investigated whether child (six–eight years of age) and adult witnesses (18–29 years of age) would exhibit an own-age bias when trying to identify targets from video lineups. One hundred and eighty-six participants viewed two filmed events that were identical, except one starred a child target and one a young adult. After a delay of two–three days each witness saw a lineup for the child and adult target. Children exhibited an own-age bias and were better at correctly identifying the own-age target from a target-present (TP) lineup and made more correct rejections for the own-age target-absent (TA) lineup. Adults however, showed a reversed own-age bias for the TP lineups as they made more correct identifications for the child target, but exhibited no bias for the TA lineups. The results suggest that differences in identification accuracy may be due to whether witness age and suspect age overlap.     

Examination of systematic variations in burglars' domain-specific perceptual and procedural skills

Abstract

This research examines systematic variations in residential burglars' domain-specific perceptual and procedural skills. Utilising a formula incorporating frequency of offending, generation of offending-related income, burglary charges, and estimated duration of burglary career, 53 experts and 53 novices were objectively identified from a sample of 209 interviews conducted with incarcerated burglars. The perceptual and procedural burglary skills of these two groups were compared and the results demonstrated important differences indicative of superior domain-specific performance for objectively classified experts. The theoretical implications of these findings are discussed, along with suggestions for application of this knowledge to crime prevention initiatives.     

Analysis of motivation in people with mild learning disabilities (mental handicap) who set fires

Abstract

Ten people with mild learning disabilities (mild mental handicap) who had all set rues and had been admitted to a hospital facility for people with challenging behaviours were interviewed about their perceptions of events, feelings and cognitions prior to and after setting fins. They were also asked to rate their excitement/upset in a series of fire-related situations. Results showed that people could identify reliably the events, feelings and cognitions prior to fire-setting but were less reliable at identifying consequences. Most commonly, people had felt angry prior to setting fires but it was also common to feel not listened to, sad or depressed. Multiple factors were relevant for most people. Some people identified the excitement of the rue as relevant and these people gave the highest ratings on the fire-related situations schedule and scored higher than controls on this schedule. Implications for treatment are discussed.     

TRIPS and paper tigers cause a stumble over inventive step

The Court of Appeal for England and Wales has revised the testfor inventive step and also considered the rights of appealunder Trade-Related Aspects of Intellectual Property Rights(TRIPS)     

EU GDPR or APEC CBPR? A comparative analysis of the approach of the EU and APEC to cross border data transfers and protection of personal data in the IoT era

This article examines the two major international data transfer schemes in existence today – the European Union (EU) model which at present is effectively the General Data Protection Regulation (GDPR), and the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules system (CBPR), in the context of the Internet of Things (IoT).While IoT data ostensibly relates to things i.e. products and services, it impacts individuals and their data protection and privacy rights, and raises compliance issues for corporations especially in relation to international data flows. The GDPR regulates the processing of personal data of individuals who are EU data subjects including cross border data transfers. As an EU Regulation, the GDPR applies directly as law to EU member nations. The GDPR also has extensive extraterritorial provisions that apply to processing of personal data outside the EU regardless of place of incorporation and geographical area of operation of the data controller/ processor. There are a number of ways that the GDPR enables lawful international transfer of personal data including schemes that are broadly similar to APEC CBPR.APEC CBPR is the other major regional framework regulating transfer of personal data between APEC member nations. It is essentially a voluntary accountability scheme that initially requires acceptance at country level, followed by independent certification by an accountability agent of the organization wishing to join the scheme. APEC CBPR is viewed by many in the United States of America (US) as preferable to the EU approach because CBPR is considered more conducive to business than its counterpart schemes under the GDPR, and therefore is regarded as the scheme most likely to prevail.While there are broad areas of similarity between the EU and APEC approaches to data protection in the context of cross border data transfer, there are also substantial differences. This paper considers the similarities and major differences, and the overall suitability of the two models for the era of the Internet of Things (IoT) in which large amounts of personal data are processed on an on-going basis from connected devices around the world. This is the first time the APEC and GDPR cross-border data schemes have been compared in this way. The paper concludes with the author expressing a view as to which scheme is likely to set the global standard.     

Pornography, Pragmatism, and Proscription

The Criminal Justice and Immigration Act 2008 criminalizes the possession of extreme pornography, namely, images of bestiality, necrophilia, and life-threatening or serious violence, and is the immediate context for this article which seeks to present a pragmatic liberal humanist critique of pornography regulation. Such a critique, derived in particular from the writings of Nussbaum and Rorty, presents an alternative case for regulation, eschewing the visceral competing fundamentalisms which characterized the 'porn wars' of the 1980s and 1990s. Whilst moral and epistemological philosophers squabble with radical feminists and radical libertarians, extreme pornography can nurture real injustice and ruin real lives. A pragmatic liberal humanism demands a pragmatic response to extreme pornography. The first part of this article will revisit the longer history of the 'porn wars'; the second describes the parameters of a pragmatic liberal humanist critique; the third examines the shorter history of pornography regulation written into the provisions now enacted in the 2008 Act.