Policing labor: the power of private security guards to search workers in Brazil

The losses caused by worker theft is one of the most concerning security problems for corporations. Private policing of the workplace is central to cutting down on such losses and keeping up profits. One of the most frequently used methods in such policing is searching workers. Despite the importance of searches and their potential for intrusion into individuals’ right to privacy, the normative bases for and limits to the use of this power have so far been little studied. The aim of this paper is to analyze the legal foundations and limits imposed by the Brazilian State so that private security guards can conduct searches in the workplace. The analysis is based on a qualitative study of Brazilian labor law and a qualitative/quantitative study of 376 judicial decisions on searches collected randomly in two Brazilian states between 2010 and 2013. The data shows that searches can be conducted in the workplace based on the employer’s right to manage production and protect their property. It also indicates the existence of relatively flexible limits to searches. Only a minority of the courts impose restrictions on searches similar to those set for police officers. Most judges allow more extensive searches than those permitted within the scope of public justice systems. The consequences of these findings are discussed.     

Opinions by AAPL forensic psychiatrists on controversial ethical guidelines: a survey.

A survey was conducted of a sample of AAPL members to determine their opinions on the inclusion of controversial ethical guidelines for forensic psychiatry. Members appear to appreciate the need to consider traditional Hippocratic values as at least one consideration in their functioning as forensic psychiatrists. They appear to balance their duties to an evaluee with duties to society and the legal system and to appreciate the responsibilities of multiple agency. Support was shown for interpreting ambiguities in AAPL's current guidelines in the directions indicated by most of this survey's proposed guidelines.     

Revisiting arson from an outpatient forensic perspective.

Progress in the understanding of individuals who commit arson has been on a slow but steady course over the past two decades. From our review of court-ordered outpatient forensic psychiatric evaluation of individuals charged with arson over a five-year period, preliminary prototypical profiles of the psychotic, mentally retarded, alcohol abusing, and mood-disordered firesetter are offered. The clinical-legal relevance of our results are explored.     

Minisequencing-based genotyping of Duffy and ABO blood groups for forensic purposes

Duffy and ABO blood group genetic polymorphisms were studied by minisequencing analysis of single-nucleotide polymorphisms (SNPs) at nucleotide positions--33, 125, 265, and 298 of the Duffy gene and at nucleotide positions-261, 297, 467, 646, and 703 of the ABO gene. In an Italian population sample, we found four alleles and seven genotypes for the Duffy and six alleles and 16 genotypes for the ABO systems. The lower limit for reproducible results was 200 pg DNA, with a range of up to 10 ng and an optimum at 1 ng. All of the 16 analyzed inclusive paternity tests were also consistent with parentage and two out of four inconsistencies with parentage cases were excluded by one or more SNPs. Although Duffy and ABO SNP typing show lower informativeness than most current forensic tests, their robustness, the limited population distribution of FY* Fy type, and the sensitivity of the minisequencing technology suggest that these markers can be useful in selected forensic applications.     

STR data for 11 autosomal STR markers from Costa Rica, Central America

Allele frequencies for 11 STR autosomal loci (F13A01, F13B, FESFPS, LPL, CSF1PO, TH01, TPOX, VWA, D16S539, D7S820 and D13S317) were obtained from a sample of 200 unrelated individuals from Costa Rica, Central America.     

Multiplex PCR development of Y-chromosomal biallelic polymorphisms for forensic application

Single-nucleotide polymorphisms of Y chromosome (Y-SNPs) are a class of markers of interest in forensic investigations, because many of them show regional specificity, providing useful information about the geographic origin of a subject or evidence under investigation. A first multiplex with 7 SNPs (M35, M89, M9, M170, M172, M45, M173), which occur in the basal branches of the phylogenetic tree and are able to assign a subject to known most frequent European haplogroups, was designed. SNP genotyping was accomplished by hot-start PCR with primers amplifying fragments between 96 and 136 nucleotides, minisequencing, and capillary electrophoresis of extension products. Ninety seven subjects of known geographic provenance were studied, of which 68 from Europe. Of these, 57 had mutations found more frequently in European haplogroups and 11 more frequent in Asian populations. Subjects from non-European countries were also examined and had haplogroups common in their regions of provenance. Experiments with low molecular weight DNA gave positive amplification from 1 ng of DNA for all seven SNPs.