Neurolaw and Direct Brain Interventions

This issue of Criminal Law and Philosophy contains three papers on a topic of increasing importance within the field of “neurolaw”—namely, the implications for criminal law of direct brain intervention based mind altering techniques (DBI’s). To locate these papers’ topic within a broader context, I begin with an overview of some prominent topics in the field of neurolaw, where possible providing some references to relevant literature. The specific questions asked by the three authors, as well as their answers and central claims, are then sketched out, and I end with a brief comment to explain why this particular topic can be expected to gain more prominence in coming years.     

Regional Mobilization in the New Europe: Old Wine in a New Bottle?

This conclusion links the various contributions in light of the introductory framework. In line with our framework, scepticism towards the EU has increased since 2004 across most of the EU regions (old and new) and state-centric approaches (regional influence mediated through the central executives) have become the dominant strategy for regional mobilization. Unmediated access through direct regional representation in Brussels remains an important side-strategy though, especially for sub-state nations and regions with the highest level of regional authority, as theoretically expected. Regional authority—more so than the difference between competitive versus cooperative multi-level designs—is an important predictor against centralization pressures resulting from European integration. Overall, changes in the ‘New Europe’ have intensified but not transformed the dominant patterns of regional mobilization, while system-level and regional variables mediate impacts of Europeanization.     

Reactions of latent prints exposed to blood

We explored whether an undeveloped latent print (fingermark) exposed to blood and later developed by enhancement with blood reagents such as amido black (AB) or leucocrystal violet (LCV) could appear as a genuine blood mark. We examined three different experimental conditions. In Experiment I, fingermark residue only was tested, as a control to confirm that fingermark residue alone does not react with the blood reagents AB and LCV. Experiment II investigated whether latent fingermarks exposed to blood dilutions could be treated with AB or LCV and subsequently appear as a genuine blood mark enhanced with AB or LCV. Experiment III tested whether latent fingermarks exposed to whole blood could be processed with AB or LCV and subsequently appear as a genuine blood mark enhanced with AB or LCV.The present study found that indeed, fingermark residue alone does not react with the blood reagents AB and LCV. In Experiment II, an interaction occurred between the fingermark residue and the diluted blood that caused the ridges to appear a red color. In the present study, this interaction is called a faux blood mark. While the faux blood mark phenomenon occurred most often following exposure to diluted blood, it did not occur consistently, and a predictable pattern could not be established. However, the reaction occurred more frequently following extended fingermark residue drying times. Faux blood marks are distinguishable from genuine blood marks prior to enhancement with blood reagents. Following treatment with blood reagents, it became increasingly difficult to determine whether the enhanced mark was a genuine blood print or a latent fingermark exposed to diluted blood. Latent fingermarks exposed to whole blood often resulted in a void prior to enhancement, but following treatment with blood reagents, were difficult to distinguish from a genuine blood mark enhanced with blood reagents.     

Stirred,Shaken, or Blended

Abstract

Research documents the variation in levels of offending and the official response to boys' and girls' misbehavior (see Chesney-Lind & Sheldon 2004 for a nice summary of this work). Our research questions develop from this literature. We first expect differences in girls and boys at intake to a residential program for low-to-medium risk offenders, and then we also expect differences in official responses to girls and boys during their aftercare experience. Our findings confirm the literature—girls and boys differ in seriousness of committing offenses. Additionally, girls and boys are treated differently during their time in juvenile justice programming. For example, girls are monitored more closely than boys and receive less serious penalties for similar levels of rule violations. We find no difference between boys and girls in their odds of receiving a serious sanction. While traditional theoretical attempts to explain girls' misbehavior are often described with the expression “add women and stir,” our findings suggest that both behavior of and official response to boys' and girls' activities show that girls are not simply stirred into the male mix but are responded to differently than boys and in ways that illustrate conventional gender socialization.     

Structural Inequality and Social Support for Women Prisoners Released to Rural Communities

Incarceration and community reentry for rural women reflect gendered processes. We draw on in-depth semistructured interviews and focus groups to examine the return of women prisoners to underserved rural communities while attending to the perspectives of their closest social supporters. Our findings underscore the complexity of the reentry process for rural women and its particular impact on their families. We challenge dominant discourses of personal responsibility that detract from the structural violence and injustice shaping reentry experiences for women and their social supporters. We also consider the policy implications of discharge and reentry planning for rural women and their families as well as strategies to reduce recidivism.     

Pharma on the hot seat

The pharmaceutical industry has been receiving greater scrutiny lately due in large part to the many public and private legal enforcement actions taken against pharmaceutical manufacturers. These enforcement actions, along with legal developments such as the OIG Compliance Guidance for Pharmaceutical Manufacturers, the Sarbanes-Oxley Act's statutory guidelines for public corporations, the HIPAA privacy regulations, and the Medicare Modernization Act, have the potential to encourage the pharmaceutical industry to self-regulate beyond the bounds currently required by the law. After a brief overview of enforcement actions and compliance programs directed toward the pharmaceutical industry, this Article reviews a similar situation the hospital industry faced when Medicare promulgated major reimbursement modifications. The Article proposes that the pharmaceutical industry, in the face of such intense scrutiny and uncertainty, should implement more rigorous self-regulation. Without more stringent self-regulation, this intense interest in the pharmaceutical industry may result in a regulatory push that establishes unanticipated and cumbersome measures for the industry.     

Nanomanipulation‐Coupled Nanospray Mass Spectrometry Applied to the Extraction and Analysis of Trace Analytes Found on Fibers*

Abstract: This article presents the novel instrumentation of nanomanipulation coupled to nanospray ionization‐mass spectrometry, which is used to directly probe trace analytes found on individual fibers. The low detection limits and sample volumes associated with nanospray ionization‐mass spectrometry make it the ideal instrument to implement for trace analysis. Nanospray ionization‐mass spectrometry, coupled with the nanomanipulator, allows for the direct probing of trace particulates on fibers. The technique is demonstrated by dissolving an electrostatic particle of cocaine from a fiber, collecting the analyte solution in a nanospray tip, and transferring the tip directly to the mass spectrometer to complete analysis. The utility of this technique is evident through the minimal sample preparation and short analysis time. The use of nanomanipulation coupled to nanospray ionization‐mass spectrometry could improve on current trace particulate analysis by reducing both detection limits and sample size required to complete analysis.