Reconfiguring the Politics–Law Relationship in the Integration Project through Conflicts–Law Constitutionalism

This paper argues that the relationship between law and politics must be reconfigured within the European Union. Dissecting recent crises in economic, social and political organisation within Europe with reference to the three ‘fictitious’ commodities of Karl Polanyi, we find that law in Europe has contributed to de‐legalisation, de‐socialisation and disenfranchisement. Moving on to review the potential for law to respond to crisis through new paradigms of conflict resolution as suggested by Ralf Dahrendorf, we find that the steering capacity of law is nevertheless limited if it fails to establish a sustaining relationship with politics. Our conclusions are modest: conflict–law constitutionalism cannot solve Europe's many crises. However, it does represent a new paradigm of law within which relations between European law and European politics might be re‐established—a vital step to overcoming crisis.     

A psychometric evaluation of the Defence Style Questionnaire-40 in a UK forensic patient population

Psychological defence mechanisms have been considered important personality processes in the onset, maintenance and recovery of mental disorders. More recently, their application to understanding presenting problems and as potential outcome indicators for forensic patients has been recommended. However, to date there have been no investigations into the reliability and factor structure of defence mechanism assessments for this population. The current study investigated the factor structure, internal consistency and test-retest reliability of the Defence Style Questionnaire-40 (DSQ) for 160 adult male UK forensic patients. The three-factor model of defences proposed by the DSQ-40 developers was not confirmed in the study sample. Reliability indices of the three factors indicated that the Immature factor was the most ‘acceptable’ in terms of internal consistency. Test-retest reliability coefficients ranged from .70 to .91. A revised three-factor structure that closely corresponds to the original validation study is recommended following an exploratory factor analysis. The findings are compared with previous reliability and factor analytic evaluations of the DSQ-40, and recommendations for its use with forensic patients are discussed.     

Application of 3D Imaging Technology to Latent Fingermark Aging Studies

In most latent fingermark aging studies, two‐dimensional (2D) features are obtained from photo images, scans, or inked impressions. However, some relevant information is possibly being missed because fingermarks are three‐dimensional (3D) objects that age in all three dimensions. A feature that has not been carefully examined is how the height of ridges changes over time. In this report, a 3D imaging technology—called optical profilometry—is introduced as a tool for the visual examination of the aging process. Optical profilometry is a nondestructive technology that allows the visualization and data acquisition of unprocessed latent fingermarks. Detailed ridge images and spatiotemporal data were successively obtained on the x‐, y‐ and z‐axis, delivering 3D topographical information. OP was able to detect the loss of ridge heights over time. The feasibility of employing this technology to collect data on the aging process of ridges has been proven.     

Cold Case Homicides: DNA Testing of Retained Autopsy Sexual Assault Smears

Archival medical examiner specimens may contain perpetrator DNA evidence useful in unsolved (“cold case”) homicides. The Office of the Chief Medical Examiner (OCME) histology slide archives were searched for sexual assault smears for all 376 female homicides from 1990 to 1999. Of these, the OCME had sexual assault smears on 84 of which 13 slides had sperm. Of these 13, six were still unsolved. DNA profiles were obtained on all six (5 from smears and one from swabs). Combined DNA Index System ( submission resulted in two matches (“hits”) for new suspects. In addition, three suspects were eliminated in two cases. Our review of archival sexual assault smears resulted in DNA profiles that were able to assist in the investigation of four cold case homicide investigations. It may be worthwhile for medical examiner offices to search their archival histology slides for sexual assault smears on previously unsolved cases particularly those prior to the mid‐1990s when DNA testing was less widely available.     

The Crime and Threat Image Set (CaTIS): a validated stimulus set to experimentally explore fear of crime

Objectives

Fear of crime may develop in response to crime specifically (the narrow pathway) or may be a projection of broader threats (the broad pathway). New approaches are needed to examine how crime and threat, independently and in combination, influence people’s fear. To address this need, we created, evaluated, and validated an image set that varied across the dimensions of threat and crime.

Method

We used a 2 (Threat: high vs. low) × 2 (Crime: high vs. low) within-subjects factorial design. In three studies, participants (N = 24, 29, and 176, respectively) gave threat, crime, and fear ratings towards images. Participants also completed two traditional fear of crime measures and a measure of anxiety. Two evaluation studies explored the suitability of 178 images to produce a final set of 80 images (20 in each of the four categories). We validated this final set of 80 images in a third study.

Results

The validated Crime and Threat Image Set (CaTIS) contains 78 images across four categories: threat-and-crime (high-crime, high-threat), threat-only (low-crime, high-threat), crime-only (high-crime, low-threat), and neutral (low-crime, low-threat). There were significant main effects of threat and crime, and an interaction between Threat × Crime, on participants’ fear ratings. Participants’ own ratings of threat—but not crime—had a strong relationship with their fear ratings.

Conclusions

Threat had a stronger influence on participants’ fear ratings than crime. Thus, what is typically referred to as fear of crime may reflect broader fear. Further research with the CaTIS could explore the expression of this fear.

     

Impact of Information About Sentencing Decisions on Public Attitudes Toward the Criminal Justice System

Research reveals public dissatisfaction with perceived leniency of the criminal justice system. However, when asked to sentence hypothetical offenders, members of the public tend to choose dispositions similar to what current court practices prescribe. In two studies reported here, subjects completed a mock sentencing exercise and a general attitude survey. In an initial pilot study, they expressed general dissatisfaction with the criminal justice system but the relative punitiveness of their sentences (in terms of their perceptions of how severe various sentencing options are) was only slightly elevated above a set of reference sentences. Providing a typical judge's sentencing decisions did not decrease dissatisfaction but was associated with an anchoring effect. This effect was explored in the main study by manipulating the provided reference sentences to be either lenient, moderate, or punitive. Again, participants expressed general dissatisfaction with the criminal justice system but prescribed generally moderate sentences, anchoring their sentences to the information provided. However, only those exposed to moderate typical sentences subsequently reported reduced dissatisfaction with the criminal justice system.     

Evidence for Social and Behavior Problems in Low-Income,Urban Preschoolers: Effects of Site,Classroom, and Teacher

Teacher ratings of 336 preschool children (mean age = 48 months) attending two urban Head Start programs were collected to examine the influence of contextual variables of teacher training, classroom, and site on the prevalence of significant problems. The prevalence of externalizing behaviors in the problem range was higher than expected and fewer children were rated in the well-adjusted range on social competence measures. Psychometric characteristics of the ratings indicated that teachers in this urban setting were less consistent in their ratings of internalizing problems, calling into question the lack of elevation of such problems in this population. Ratings by teachers and teacher assistants of the same children showed low agreement; the level of ratings was not affected by differences in training but did vary across classrooms. Hierarchical linear modeling analyses of the entire sample showed significant effects of classroom and site on problem behaviors and social competence. These results reveal the wide variation in problem frequency across classrooms, which needs to be considered in the implementation and evaluation of evidence-based interventions. Further, these results point to the importance of studying possible lasting effects on children exposed to these differing contexts.     

Allele frequencies of 19 STR loci in a Philippine population generated using AmpFlSTR multiplex and ALF singleplex systems

Allele frequencies for the 19 short tandem repeat (STR) loci CSF1PO, D2S1338, D3S1358, D5S818, D7S820, D8S306, D8S1179, D13S317, D16S539, D18S51, D19S433, D21S11, DHFRP2 (FOLP23), F13A01, FES/FPS, FGA, TH01, TPOX, and vWA were obtained from a sample of 106 unrelated Filipinos from different regions of the Philippine archipelago.     

Quantitative analysis of multiple illicit drugs in preserved oral fluid by solid-phase extraction and liquid chromatography-tandem mass spectrometry

We present a validated method for the simultaneous analysis of basic drugs which comprises a sample clean-up step, using mixed-mode solid-phase extraction (SPE), followed by LC-MS/MS analysis. Deuterated analogues for all of the analytes of interest were used for quantitation. The applied HPLC gradient ensured the elution of all the drugs examined within 14 min and produced chromatographic peaks of acceptable symmetry. Selectivity of the method was achieved by a combination of retention time, and two precursor-product ion transitions for the non-deuterated analogues. Oral fluid was collected with the Intercept, a FDA approved sampling device that is used on a large scale in the US for workplace drug testing. However, this collection system contains some ingredients (stabilizers and preservatives) that can cause substantial interferences, e.g. ion suppression or enhancement during LC-MS/MS analysis, in the absence of suitable sample pre-treatment. The use of the SPE was demonstrated to be highly effective and led to significant decreases in the interferences. Extraction was found to be both reproducible and efficient with recoveries >76% for all of the analytes. Furthermore, the processed samples were demonstrated to be stable for 48 h, except for cocaine and benzoylecgonine, where a slight negative trend was observed, but did not compromise the quantitation. In all cases the method was linear over the range investigated (2-200 microg/L) with an excellent intra-assay and inter-assay precision (coefficients of variation <10% in most cases) for QC samples spiked at a concentration of 4, 12 and 100 microg/L. Limits of quantitation were estimated to be at 2 microg/L with limits of detection ranging from 0.2 to 0.5 microg/L, which meets the requirements of SAMHSA for oral fluid testing in the workplace. The method was subsequently applied to the analysis of Intercept samples collected at the roadside by the police, and to determine MDMA and MDA levels in oral fluid samples from a controlled study.     

The Alabama Structured Assessment of Treatment Completion for insanity acquittes (The AlaSATcom)

The most complex and risky decisions made by forensic psychiatrists revolve around the decision to release insanity acquittes from custody. This decision has several levels of risk, including the potential liability to the psychiatrist as well as the possible risk to the community. A single bad outcome, even if not predictable, can have disastrous results, not only for victims, but also for the releasing facility. Since predicting violence has so many problems, we chose to look at completeness of treatment instead, so we could say to the Court, "We don't know about violence, but we do know that he has vastly improved." Since many NGRI (Not Guilty by Reason of Insanity) patients spend years in the hospital, they are also expensive. They have rights, as well; therefore the complex assessment must be done as quickly and as accurately as possible. We have developed a spread sheet program to compare these multiple factors, and have compared it against the clinical decisions we have made in more than 100 discharges. We believe this gives a framework for decision-making that will increase the consistency of this process.