Uncertainties at the European Union's southern borders: actors,policies, and legal frameworks

A multiplicity of legal and political arrangements regulate the European Union's external borders. With borders representing the intersection between national and international law and politics, the EU also acquired some legal competences in this realm. The resulting triple set of rules coincides with the growing disaggregation of the classical functions of borders. This state of affairs generates legal and procedural uncertainties and results in a growing ambiguity and lack of transparency, in terms of competences and accountability. Due to the EU's concerns with transnational terrorism, and the growing securitization of migration, the EU's borders with the states of the Middle East and North Africa are particularly relevant in this regard, with the resulting uncertainties touching upon fundamental rights. This article discusses the conceptual starting point of the growing institutional, legal, and political complexity at the EU's southern borders, together with relevant aspects and developments, thus also providing the background to the different contributions in this special issue.     

Investigation and Prosecution of Large-scale Crimes at the International Level: The Experience of the ICTY

Although the prosecution of large-scale crimes at the internationallevel shares some similarities to the prosecution of organizedcrime at the national level, there are a number of importantdifferences that make the two areas hardly comparable. Two distinctivetraits of international criminal proceedings stand out in thisregard: (i) the lack of any enforcement agency that would allowprosecuting authorities to carry out investigations on the territoryof an interested state without its assistance and the absenceof a general power to carry out such arrests, which render statecooperation of prime importance and (ii) the fact that the proceduralmodel of international criminal tribunals is mixed containingelements of accusatorial (common law) as well as inquisitorial(civil law) systems. As far as prosecutions are concerned, usefulconcepts and procedures adopted from both legal traditions canbe found in the Statute, the Rules of Procedure and Evidenceas well as in the approach of prosecutors, defence counsel andjudges to the introduction of evidence and, more generally,to the manner in which proceedings are conducted. One of themain examples of this is the acceptance of proof of facts bymeans other than oral evidence as a result of the influenceof the civil law tradition, which has progressively made itsway in the procedural system of the International Criminal Tribunalfor the former Yugoslavia (ICTY). Yet, on the other hand, somemethods normally resorted to in national criminal prosecutionmay turn out to be useful at the international level, such asresorting to insider witnesses. Although known to domestic systems,such practice may have a particular significance in the contextof the prosecution of international crimes. So have additionalforms of criminal participation (such as the notion of jointcriminal enterprise). Only a mixing of traditional and innovativeinvestigative tools and the proper balance of the differentlegal cultures can ensure effective prosecution of internationalcrimes.     

Is technology transfer more than a “mechanical” process?

Editorial Advisory Board     

Incestuous paternity detected by STR-typing of chorionic villi isolated from archival formalin-fixed paraffin-embedded abortion material using laser microdissection

Microscopic examination of a blood clot expelled by a physically and mentally disabled woman taken to the emergency room because of genital bleeding revealed the presence of chorionic villi encircled by decidua, hemorrhage, and necrosis. In order to identify the father of the product of conception, sections of formalin-fixed, paraffin-embedded abortion material were subjected to laser microdissection: DNA extraction from chorionic villi selectively isolated from the surrounding tissues allowed successful STR-typing of fetal cells, which was otherwise prevented by excess maternal DNA. The large number of homozygous genotypes in the fetal profile suggested incestuous paternity. Analysis of reference DNA samples from male relatives excluded the woman's father, paternal grandfather, and maternal grandfather, whereas the obligate paternal alleles of the fetus were constantly present in the genotypes of the woman's brother, clearly demonstrating brother-sister incest (probability of paternity > 99.99999%).     

The increasing labor force participation of older workers and its effect on the income of the aged

The labor force participation rates of men and women aged 62-79 have notably increased since the mid-1990s. The result is a dramatic increase in the share of total money income attributable to earnings. For persons aged 65-69, the earnings share of total income increased from 28 percent in 1980 to 42 percent in 2009. For this age group in the late 1980s and early 1990s, Social Security benefits and earnings were roughly equal shares of total money income (about 30 percent); the earnings share is now more than 12 percentage points larger. When we focus on aged persons who receive Social Security benefits, earnings shares have increased markedly throughout the 62-79 age range since the early 1990s. We show that for aged persons with labor market earnings, those earnings have a large effect on their relative position in the distribution of annual money income of older Americans.     

Rapid in situ repeatable analysis of drugs in powder form using reflectance near-infrared spectroscopy and multivariate calibration

This study takes the first step toward in situ analysis of powder drugs which does not require any alteration of the samples. A fast, inexpensive analytical method based on reflectance near-infrared (NIR) spectrometry and multivariate calibration was applied. A diode-array fiber-optic portable spectrometer in the 900-1700 nm range was employed. Samples were laboratory-prepared ternary powders (diacetylmorphine, caffeine, and paracetamol). Partial least squares regression was applied. The choice of the standard samples for calibration and validation was performed through a D-optimal experimental design. The explained variance was higher than 90%, and the relative root mean square errors were <2%. The number of principal components (6) was very low when compared with the number of raw variables (356 absorbance values). Response plots showed slopes and intercepts were very close to optimal values. Correlation coefficients ranged between 0.909 and 0.989. The method here proposed proved to be competitive with Fourier transform NIR spectrometry.     

Age estimation in children by measurement of open apices in tooth roots: Study of a Mexican sample

The aim of this cross-sectional study was to test the accuracy of Cameriere's European formula for age assessment in a large sample of Mexican children. The accuracy of dental age estimation was defined as how closely real age, measured as the difference between chronological age (CA) and dental age (DA), could be predicted. Digitalized orthopantomographs of 502 Mexican children (254 girls and 248 boys), aged between 5 and 15 years, were analyzed. The seven left permanent mandibular teeth were evaluated using Cameriere's method. Intra- and inter-observer variability for this technique was tested on a small random sample. Dental age was estimated for each individual and compared with known chronological age. Accuracy was measured as the difference between known chronological age and dental age and tested for significance with the mean prediction error (ME). The standard deviation and 95% confidence interval of the mean difference were also calculated. ME was 0.63 years for girls and 0.52 years for boys. ME was found to be slightly overestimated by 0.10 years for girls, but was correctly estimated for boys with an accuracy of 0.00. In conclusion, this method is very useful and may be recommended for practical application both in clinical dentistry and forensic procedures on the Mexican population.     

Trigemino‐Cardiac Reflex as Lethal Mechanism in a Suicidal Fire Death Case

In the vast majority of immediate fire deaths, the mechanism of death is inhalation of toxic gases (especially carbon monoxide), direct thermal injury, or neurogenic shock due to the redistribution of the body's blood volume produced by surface heat on the skin. We present a suicidal case that is unusual because the mechanism of immediate fire death could arguably be explained in terms of a primitive autonomic reflex/the trigemino‐cardiac reflex. Although this reflex is well known to surgeons and anesthetists, with possible lethal consequences in the course of invasive surgical procedures on the head and neck region, it is much less familiar to forensic pathologists.