Hague Case Law: Latest Developments

Netherlands International Law Review -     

Testing problems regarding narcotic substances in hair analysis]

The authors discuss legal, ethic, and technological problems associated with introduction of drug testing by analysis of hair in Russia. There are sufficiently reliable methods of hair analysis, but lack of legal basis and poor equipment of forensic chemical departments impede the introduction and wide use of these methods in Russia. The authors propose certification of the best equipped departments and render them the legal status of regional centers for tests for narcotics and psychotropic agents.     

Forensic evaluation of the QIAshredder/QIAamp DNA extraction procedure

The potential to recover genetic profiles from evidence samples has substantially increased since robust and sensitive amplification kits are commercially available. Nevertheless, even the best amplification kits cannot succeed when the extracted DNA is of poor quality. In this study we compared the efficiency of silica (QIAamp DNA Mini Kit), Chelex and Phenol-Chloroform (PC) based protocols to recover DNA from different categories of samples (blood and saliva on cotton swabs, muscles, cigarette butts, saliva on foods and epidermal cells on clothes). The efficiency of the QIAamp system was improved when samples were treated with QIAshredder homogenizing columns. Overall, conventional Chelex or PC protocols allowed to recover conclusive SGM Plus profiles for 61% of the samples considered in this study. Contrastingly, 82% of them were successfully genotyped after being treated with a combination of QIAshredder and QIAamp systems. Our results further suggested that the QIAshredder/QIAamp protocol was particularly helpful to analyze evidence samples with few DNA and/or that were collected on substrates containing PCR inhibitors.     

Death From Butane Inhalation Abuse in Teenagers: Two New Case Studies and Review of the Literature

The ready availability of butane makes butane abuse frequent. Fatalities are rare. This study presents two cases of death by butane overdose. The postmortem analyses were carried out using headspace gas chromatography–mass spectrometry. It revealed femoral blood butane concentrations of 18 and 22 mg/L, respectively, as well as specific combinations of adjuvants in each victim. In one of the victims, brain and fatty tissue also contained butane, pointing to chronic consumption. The originality of this study is to show that the identification of specific combinations of adjuvants can be helpful for identifying the brand of deodorant used. Also, sampling the skin and mucosa can help identify the method of drug delivery. The histological examination documented both the direct toxic effect of the gas on the respiratory mucosa and signs of chronic abuse. Volatile substance intoxications should be systematically considered in case of sudden death in a teenager.     

The expert assessment of the sign of the presence of fluid in the basilar sinus in the diagnosis of drowning

Incidence of fluid presence (drowning medium) in basilar bone sinus of dead bodies found in water was studied according to pathogenetic type of drowning. Method of quantitative assessment of this sign in medicolegal evaluation of the cause of death when dead bodies were found in water is suggested.     

If Brain Scans Really Detected Deception,Who Would Volunteer to be Scanned?

Abstract: Recent neuroimaging studies investigating the neural correlates of deception among healthy people, have raised the possibility that such methods may eventually be applied during legal proceedings. Were this so, who would volunteer to be scanned? We report a “natural experiment” casting some light upon this question. Following broadcast of a television series describing our team’s investigative neuroimaging of deception in 2007, we received unsolicited (public) correspondence for 12 months. Using a customized template to examine this material, three independent assessors unanimously rated 30 of an initial 56 communications as unequivocally constituting requests for a “scan” (to demonstrate their author’s “innocence”). Compared with the rest, these index communications were more likely to originate from incarcerated males, who were also more likely to engage in further correspondence. Hence, in conclusion, if neuroimaging were to become an acceptable means of demonstrating innocence then incarcerated males may well constitute those volunteering for such investigation.