<Emphasis Type="Italic">Commentary</Emphasis>: A Critical Review of Published Competency-to-Confess Measures

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test–retest reliability, content validity, construct validity, and criterion-related validity.     

Forensic analysis of hallucinogenic fungi: a DNA-based approach

Hallucinogenic fungi synthesize two controlled substances, psilocin and psilocybin. Possession of the fungal species that contain these compounds is a criminal offence in North America. Some related species that are morphologically similar, do not contain the controlled substances. Therefore, unambiguous identification of fungi to the species level is critical in determining if a mushroom is illegal. We investigate a phylogenetic approach for the identification of species that contain the psychoactive compounds. We analyzed 35 North American specimens representing seven different genera of hallucinogenic and non-hallucinogenic mushrooms. We amplified and sequenced the internal transcribed spacer region of the rDNA (ITS-1) and a 5' portion of the nuclear large ribosomal subunit of rRNA (nLSU rRNA or 28S). ITS-1 locus sequence data was highly variable and produced a phylogenetic resolution that was not consistent with morphological identifications. In contrast, the nLSU rRNA data clustered isolates from the same species and separated hallucinogen containing and non-hallucinogen containing isolates into distinct clades. With this information, we propose an approach that combines the specificity of PCR detection and the resolving power of phylogenetic analysis to efficiently and unambiguously identify hallucinogenic fungal specimens for legal purposes.     

An Exploratory Analysis of Florida Law Enforcement Domestic Violence Policies

The high social cost of domestic violence has caught the attention of lawmakers and criminal justice agency administrators across the country. As public awareness and concern over the incidence of domestic violence has risen, domestic violence legislation has focused on, among other things, the law enforcement response to domestic violence. The purpose of this study is to examine Florida law enforcement agency response to domestic violence by analyzing agency standard operating procedures (SOPs) across measures identified in the Florida Model Policy for Domestic Violence. Utilizing content analysis, the authors identify agency policy mandates including the number of officers responding to the scene, the use of specialized units, availability of victim advocates, and procedures for investigation.     

IS THE APPROXIMATION RULE IN THE CHILD'S BEST INTERESTS?

In an effort to develop clear and uniform standards for the allocation of custodial responsibility, the American Law Institute has proposed a number of reforms. For example, under the approximation rule, the proportion of time parents spent with their children performing direct caregiving functions prior to the divorce would be reflected in the proportion of custodial time allotted to each parent after divorce. Much of the rationale used to justify the approximation rule is explicitly or implicitly based on attachment theory ( Bowlby, 1969, 1973, 1980 ). This article discusses the assumptions and implications of the approximation rule from the standpoint of attachment theory.     

Restraining Gulliver: Institutional reform and the strengthening of state capacity and compliance

Governance in the developing world is fraught with problems of corruption, weak institutions, and inadequate expertise among bureaucrats. Failing to enforce laws and regulations is one way in which these problems manifest themselves. In this paper, we evaluate changes across three institutions charged with oversight or administration of labor justice in Mexico. We find that both autonomy from the executive and professionalization are necessary to improve compliance with labor law over time. Our study shows that professionalization can occur in several ways, including through training, merit hiring, and introducing experienced external administrators. The implications of the study are that reforms that increase the independence and legal authority of oversight institutions should be complemented by efforts to strengthen the professionalism of bureaucrats.