A Commentary on the MND Model and the Boone Critique: “Saying It Doesn’t Make It So”

We appreciate Boone’s (2011, this issue) critique of Rogers, Bender, and Johnson’s (2011, this issue) analysis of the Malingered Neurocognitive Dysfunction (MND) criteria. She raised good points and appeared in general agreement regarding several crucial limitations of the MND model. However, Boone remained mostly silent on several issues including the compelling results from our methodological review of MND studies and Criteria A through D. When provided, her comments tended to be very selective and were often presented with little or no empirical support. This contrasting pattern of strong statements and weak evidence appears to unintentionally parallel the MND model, which was documented in our original analysis. As a result of her criticism, however, we clarified our point regarding methodological limitations in establishing levels of TBI and its potential relevance to determinations of feigned cognitive impairment. We hope that these spirited discussions will stimulate a much-needed review and a fundamental revamping, if not replacement, of the MND model.     

Exclusion from patentability of diagnostic methods practised on the human body:Article 52(4) EPC

The exclusion of diagnostic methods practised on the human bodyfrom patentability was subject to clarification from the EnlargedBoard of Appeal in case G 1/04 of 16 December 2005. This casegives a practical example of the application of the EnlargedBoard's decision.     

An Analysis of Miranda Warnings and Waivers: Comprehension and Coverage

Miranda warnings enshrine the constitutional rights of custodial suspects against self-incrimination. However, the wording and sentence complexity of Miranda warnings and waivers vary dramatically from jurisdiction to jurisdiction. This study is the first extensive investigation of Miranda warning variations examining 560 Miranda warnings from across the United States. With Flesch-Kincaid reading comprehension as a useful metric, Miranda warnings varied from very simple comprehension (i.e., grade 2.8) to requiring postgraduate education. Miranda warnings are composed of five components (e.g., silence and evidence against you); marked variations were also observed in the comprehensibility of individual components. On average, the Miranda warning component on "continuing rights" requires a reading comprehension level six grades higher than the comparatively simple expression of the right to silence. Similar analyses were conducted on Miranda waivers. The content of these warnings differed on such issues as communicating (a) when access to an attorney would be granted (e.g., 45.9% specified only "during questioning") and (b) explicitly that indigent legal services were free (e.g., 31.8% directly informed suspects). Finally, the study identified representative Miranda components at different levels of reading comprehension as a template for further research.     

Glaucoma diagnostic invention ruling puts flesh on bones of G 1/04

The exclusion of diagnostic methods practised on the human bodyfrom patentability was subject to clarification from the EnlargedBoard of Appeal in Case G 1/04 of 16 December 2005. This casegives a practical example of the application of the EnlargedBoard's decision.     

Taphonomic changes to blunt force trauma: a preliminary study

This study examines the effects of taphonomic processes on blunt force trauma (BFT) through an experimental study involving pig heads. Of particular concern is the possibility that taphonomic changes can create pseudo-trauma and/or conceal evidence of actual trauma. BFT was inflicted on 10 pig skulls using a hammer. The skulls were subsequently exposed to the environment for 12 months. Seven taphonomic changes were evaluated: the freeze-thaw cycle; rodent gnawing; carnivore scavenging; presence/weight of soil; presence/weight of rain and snow; movement/displacement of bones; and discoloration due to sun bleaching and grass staining. Taphonomic effects varied between cancellous, compact, fresh, and degreased bone. Freezing and thawing, exposure to rain and snow, movement of the skulls, and soil erosion altered and, in some cases disguised, pre-existing trauma. Rodent and carnivore activity did not obliterate evidence of BFT. Recommendations for evaluating BFT on remains affected by taphonomic processes are presented. As each taphonomic process outlined by this study has the potential to disguise antemortem injury, the authors propose that one must carefully examine large, circular openings in the skull that may represent the remnant evidence of BFT.     

A Two‐Level Model for Evidence Evaluation in the Presence of Zeros*

Abstract: Likelihood ratios (LRs) provide a natural way of computing the value of evidence under competing propositions. We propose LR models for classification and comparison that extend the ideas of Aitken, Zadora, and Lucy and Aitken and Lucy to include consideration of zeros. Instead of substituting zeros by a small value, we view the presence of zeros as informative and model it using Bernoulli distributions. The proposed models are used for evaluation of forensic glass (comparison and classification problem) and paint data (comparison problem). Two hundred and sixty‐four glass samples were analyzed by scanning electron microscopy, coupled with an energy dispersive X‐ray spectrometer method and 36 acrylic topcoat paint samples by pyrolysis gas chromatography hyphened with mass spectrometer method. The proposed LR model gave very satisfactory results for the glass comparison problem and for most of the classification tasks for glass. Results of comparison of paints were also highly satisfactory, with only 3.0% false positive answers and 2.8% false negative answers.     

Crossing the threshold: A positive analysis of IBRD graduation policy

According to World Bank policy, countries remain eligible to borrow from the IBRD until they are able to sustain long-term development without further recourse to Bank financing. Graduation from IBRD is not an automatic consequence of reaching a particular income level, but rather is supposed to be based on a determination of whether the country has reached a level of institutional development and capital-market access that enables it to sustain its own development process without recourse to Bank funding. This paper takes a positive approach to IBRD graduation policy, investigating what income and non-income factors appear to have influenced graduation status in recent decades, based on panel data for 1982 through 2009. Explanatory variables include the per-capita income of the country, as well as measures of institutional development and market access that are cited as criteria by the graduation policy, and other plausible explanatory variables that capture the levels of economic development and vulnerability of the country. We find that the observed correlates of Bank graduation status are generally consistent with the stated policy. Countries that are wealthier, more creditworthy, more institutionally developed, and are less vulnerable to trade, financial, and other shocks are more likely to be graduates. Predicted probabilities generated by the model conform closely to the actual graduation and de-graduation experiences of Trinidad and Tobago and Korea, among other countries, and suggest that Hungary and Latvia may have graduated prematurely—a prediction subsequently borne out by the large loans that they later received from the IBRD in the wake of the global financial crisis.     

A study of the intermolecular interactions of lipid components from analogue fingerprint residues

A compositionally simplified analogue of a latent fingermark was created by combining single representatives of each major component of a natural fingermark. Further modified analogues were also produced each having one component removed. The aim of this study was to investigate the intermolecular interactions that occurred within these analogue samples using Fourier Transform Infrared (FT-IR) Microspectroscopy. FT-IR microspectroscopy showed that the absence of squalene and cholesterol significantly restricted the interactions between the other organic constituents within the analogue samples. Investigating the intermolecular interactions of organic compounds within a simplified analogue solution could indicate corresponding interactions that occur within natural fingermarks. These potential interactions could go on to be the target of further investigation of latent fingermark chemistry, and ultimately contribute to a better understanding of the aging processes and degradation mechanisms that take place post-deposition.     

Victim age,attractiveness and,abuse history as factors in the perception of a hypothetical child sexual abuse case

Abstract

This study examines the effect of victim age, victim attractiveness, the victim's abuse history and respondent gender have on attributions of blame and credibility towards a female victim in a hypothetical child sexual abuse case. A total of 397 respondents from a community sample read a hypothetical child sexual abuse (CSA) scenario in which victim age, victim attractiveness and the victim's abuse history were manipulated. Respondents then completed a 16-item blame attribution questionnaire. Several predictions were made. First, a 10-year-old victim would be deemed less blameworthy and more credible than a 15-year-old victim. Secondly, an attractive victim would be viewed more positively, and attributed less blame, than an unattractive victim. Thirdly, a victim with previous history of being sexual abused—either by the same or different perpetrators—would be deemed more culpable for their own CSA than a first time victims. Finally, female respondents were expected to take a more pro-victim and anti-perpetrator stance than males. Whilst comparatively few differences were found across victim attractiveness and abuse history. Overall findings were broadly in line with predictions. It was concluded that victim age and respondent gender play particularly important roles in the attribution of blame towards victims and perpetrators of child sexual abuse.