Familial DNA searching- an emerging forensic investigative tool

In recent years, jurisdictions across the United States have expressed a growing interest in aiding criminal investigations through the use of familial DNA searching (FDS)- a forensic technique to identify family members through DNA databases. The National Survey of CODIS Laboratories surveyed U.S. CODIS laboratories about their perceptions, policies, and practices related to FDS. In total, 103 crime labs completed the survey (77% response rate). Labs in 11 states reported using FDS, while labs in 24 states reported using a similar-but distinct- practice of partial matching. Although the majority of labs had positive perceptions about the ability of FDS to assist investigations, labs also reported a number of concerns and challenges with implementing FDS. Respondents reported using either practice a limited amount with modest numbers of convictions resulting from both FDS and partial matching. The article reports on varying practices related to official policies, training, eligibility, the software search, lineage testing, requirements for releasing information, and subsequent investigative work. Finally, the article discusses what can be learned from this survey, accompanying limitations, and implications for decision-makers considering using FDS.     

State, Citizen, and Character in French Criminal Process

This paper charts some major differences in the way in which evidence of the defendant's character is treated in France when compared with practice in England and Wales. Such evidence is more pervasive and visible (especially in the most serious cases) and its relevance is more broadly defined. Further, its presentation is shaped by a developed and positive conception of the French citizen. In part, these differences may be explained by differences in procedural tradition: the unitary trial structure in France, the dominance of fact—finding by the professional judiciary, and the rejection of general exclusionary rules of evidence. But a full explanation requires French legal culture to be understood in the context of French political culture. This reveals a very different conception of relations between state and citizen to that of Anglo-Saxon liberalism. As a result the legitimacy of trial is seen in terms of the rehabilitation of the accused as a citizen of the state rather than simply the punishment of a particular infraction.     

Building consensus for affordable housing

Abstract

At one time the national goal of affordable housing was a widely held consensus that led to decent housing for millions of Americans. Today, proponents of affordable housing must negotiate with diverse and sometimes hostile parties to secure project approvals. Discussions are frequently adversarial, and stalemate is too often the result. The consensus has collapsed.

If progress toward affordable housing is to be made, proponents will have to recast the way they operate within this new environment. More than new financing plans or recommendations for regulatory relief are needed. Attention must also focus on the processes by which groups address divergent interests and come to agreement. “Principled negotiation,” a form of joint problem solving, when coupled with third‐party intervention, offers a promising and effective means of dealing with this hostile environment.     

The Dynamics of Terrorism and Counterterrorism: Understanding the Domestic Security Dilemma

This article argues that the concept of the “domestic security dilemma” can help us to better understand public opposition to government counterterrorism policies. It examines the concept of the “security dilemma” in international relations theory and argues that this concept can also be applied to the analysis of domestic security politics. The article explains that when the government takes actions intended to make people safer from terrorist threats, it often has the unintended consequence of heightening concerns about government oppression. Thus, counterterrorism represents a “domestic security dilemma”—a situation where security tradeoffs have consistently undermined anticipated security gains.     

Practical guidelines on incorporating “partnering” within IT agreements for public sector bodies

“Partnership” and “partnering” are two of the most frequently used terms in public sector procurement. They may be used by both customers and suppliers to justify their respective negotiating positions. A supplier may argue that, since the agreement is a “partnership agreement”, there should be no service credits or liquidated damages payable. The customer on the other hand, may argue, on similar grounds, that it wants to benchmark the supplier and have a broad right to audit every aspect of the supplier’s business.But despite being well used phrases, most guidance relating to these concepts does not define how “partnerships” or “partnering” is to work in practice. While most talk of the supplier and the customer working together “in partnership” with common aims, there is little information available as to how this will be incorporated into agreements, particularly in the context of large scale IT procurements.¹ The purpose of this article is to review the available guidance and detail some of the ways in which this guidance can be incorporated into legal agreements.     

An American proficiency testing program

In 1975 the Forensic Sciences Foundation Inc. (FSF) under a grant from the Law Enforcement Assistance Administration (LEAA) in the United States carried out a research project on the design and execution of a proficiency testing program for crime laboratories. Following completion of that research, FSF Inc. affiliated with Collaborative Testing Services Inc. (CTS) to maintain an operational program on a cost recoverable basis and with the assistance of a professional advisory committee (PAC) appointed by the American Society of Crime Laboratory Directors (ASCLD).This paper discusses the problems of running a proficiency testing program of this type on a national/international basis for a large number of laboratories and covering a variety of evidence categories. Problems of confidentiality of results, test design and production, results analysis and reporting are emphasized. Some evaluation is made of the general types of results reported in this program.     

Dialogue and the Inquisitorial Tradition: French Defence Lawyers in the Pre-Trial Criminal Process

Recent years have seen an intermittent debate amongst journalists, policy-makers and academics in adversarial jurisdictions about the nature and quality of the inquisitorial tradition in criminal process. Much of the political impact of the debate in Britain has stemmed from the view asserted periodically by certain high profile figures that some form of judicial supervision of police investigation – as practised for example in France – might be introduced in England and Wales.¹ Such views tend to find expression when events call into question not just particular rules but also the underlying structures and assumptions of our adversarial tradition of criminal process. Thus in 1991 the public revelation of serious miscarriages of justice led to the appointment of a Royal Commission on Criminal Justice in which the adversarial character of the pre-trial process seemed to be a key point of interrogation.² The police view, demonstrated in a number of key cases, was that once they were clear that a suspect was guilty they had no responsibility to pursue exculpatory lines of investigation. This, combined with the failure of defence lawyers to play the extensive, autonomous investigative role the adversarial system demanded of them, encouraged some to ask whether there might not be advantages in somehow ensuring that the resources and rights of the state were devoted to pursuing exonerating as well as incriminating evidence. Given the limited empirical evidence then available on the workings of judicial supervision in practice⁴ and the sometimes vehement dispute in France itself about the future of its pre-trial process and especially the juge d'instruction(examining magistrate), the proposals were perhaps not surprisingly rejected.⁵ But since the mid 1990s, British funders have begun to finance a number of empirical studies of French criminal justice.⁶ This paper reports the principal findings of a empirical study primarily funded by Britain's Economic and Social Research Council into the role of defence lawyers in France.⁷ Our focus and primary theme is the developing nature of their dialogue and exchanges with key state actors such as judges, prosecutors and the police on the one hand and with clients on the other. But in so doing we aim to cast light on the broader functioning of the pre-trial process in France.     

Turf battles on medicine avenue

His interests include comparative health systems and Soviet socialized medicine.