Stealing Thunder as a Courtroom Tactic Revisited: Processes and Boundaries

Stealing thunder refers to a dissuasion tactic in which an individual reveals potentially incriminating evidence first, for the purpose of reducing its negative impact on an evaluative audience. We examined whether it was necessary to frame the negative revelation in a manner that downplayed its importance, and found that stealing thunder successfully dissuaded mock jurors even without framing. We also sought to determine the mechanism by which stealing thunder operated, and found that stealing thunder led mock jurors to change the meaning of incriminating evidence to be less damaging to the individual. We also found that stealing thunder's effectiveness did not hinge on whether or not opposing counsel also mentioned the thunder evidence, and that the stealing thunder tactic was no longer effective when opposing counsel revealed to the mock jurors that the stealing thunder tactic had been used on them.     

External quality assessment of laboratory performance in analysis of toxicological cases

A mean of 44 members of the United Kingdom national external quality assessment scheme (UKNEQAS) for toxicology reported analytical findings on 10 toxicological cases circulated between December 1995 and February 2000. Material distributed usually consisted of a 5ml blood and a 20ml urine sample simulated by quantitative addition of drugs and their metabolites to material donated by volunteers and patients. The samples were accompanied by a brief outline of the circumstances surrounding the case. Laboratories were requested to report their analytical findings, list methods of analysis, and provide interpretation of their findings. The mean overall success rate for identification of drugs or their pharmacological group was 76%, failure being largely by laboratories providing an immunoassay-based screening service for a fixed range of drug groups. The latter laboratories indicated that cases would be referred to regional toxicology centres for further investigation or confirmation. The coefficient of variation of measurements was <7% for routine analytes, such as ethanol and paracetamol, but 26-44% for tricyclics and opiates. There were 3% false positive reports. The quantity and content of interpretative comment provided by the laboratories was very variable. A number provide nothing in addition to the analytical result.     

Latent fingerprint detection using a scanning Kelvin microprobe

Electrochemical interactions between latent human fingerprints and metal surfaces in ambient air are investigated using a scanning Kelvin microprobe. Inorganic salts present in sweat deposited at fingerprint ridges locally depassivate the metal surface producing a Volta potential decrease of greater than 200 mV. Volta potential patterns may persist for months and prints may be visualized by potential mapping, even when overcoated with a polymer layer. Because the Volta potential differences are produced by involatile salts they persist when the organic components of the fingerprint residue have been volatilized by heating to 600 degrees C.     

Studies on the stability and detection of cocaine, benzoylecgonine, and 11-nor-delta-9-tetrahydrocannabinol-9-carboxylic acid in whole blood using Abuscreen radioimmunoassay

A study was undertaken to assess the stability and the radioimmunoassay (RIA) detection of cocaine, benzoylecgonine (BZE), and 11-nor-delta-9-tetrahydrocannabinol-9-carboxylic acid (THC-COOH) in whole blood while stored in 4 different kinds of blood collection tubes for up to 30 days at refrigeration and room temperatures. At various intervals, the tubes were sampled and analyzed using Abuscreen RIA. Also, semi-quantitative data derived from RIA analysis of forensic blood specimens were compared with quantitative data acquired using gas chromatography (GC) or GC/mass spectrometry (GC/MS) on the same specimens. RIA and chromatographic studies revealed that BZE and THC-COOH were stable in blood under all conditions studied. Cocaine, however, was found not to be stable in blood, especially when stored at room temperatures. Despite cocaine's instability in blood, RIA was able to detect the presence of cocaine and its breakdown products in blood under all conditions studied.     

State Constitutional Limits on Legislative Procedure: Legislative Compliance and Judicial Enforcement

Most state constitutions contain detailed restrictions on thelegislative process. Violations of some of these restrictions(e.g., single-subject requirements) are reflected on the faceof a final enactment. Other violations (e.g., alteration ofa bill to change its original purpose) are not evident in thefinal enactment, but require investigation of the legislativeprocess. State courts have developed a variety of approachesto these second types of violations, from excluding all evidencebeyond the enactment to permitting any evidence of constitutionalviolations. The Pennsylvania Abortion Control Act was passedin apparent violation of both types of constitutional restrictions.The legislative debates reflected legislators' attitudes aboutsuch restrictions, but the Pennsylvania courts refuse to enforcethem. After surveying other judicial approaches, the articlediscusses the legislative and executive obligation to followconstitutional restrictions, regardless of judicial enforcement.The article then advocates increased judicial enforcement, whilemaintaining proper deference to the legislature.     

Book Reviews

Michael Graham Fry (ed.), Power, Personalities and Politics: Essays in Honour of Donald Cameron Watt (London: Frank Cass 1992) £35. ISBN 0 7146 3428 X.

John L. Offner, An Unwanted War: The Diplomacy of the United States and Spain over Cuba, 1895-1898 (Chapel Hill, University of North Carolina Press, 1992), $43.95 (hb), $16.45 (pb).

Michael Leifer and John Phipps, Vietnam and Doi Moi: Domestic and International Dimensions of Reform, RIIA Discussion Paper No. 35 (London: The Royal Institute of International Affairs: 1991) 40 + ii pp. £5. ISSN 0951-4171.

Michael C. Williams, Vietnam at the Crossroads (London: Pinter Publishers for the Royal Institute of International Affairs, 1992) 104 + viii pp. £22.50 (hb); £8.95 (pb). ISBN 1-85567-051-8 (hb); 1-85567-052-6 (pb).

Neville Brown, The Strategic Revolution: Thoughts for the Twenty-First Century (Brassey's: London, 1992), 248 pp.