The Challenge of Universal Norms: Securing Effective Defence Rights Across Different Jurisdictions and Legal Cultures

This article considers the contribution of comparative empirical research in shaping best practice norms for custodial legal advice, and helping to address challenges in their implementation. It traces the role of ECtHR decisions and EU Directives in developing transnational norms to strengthen suspects’ right to legal assistance. Recognizing how these norms are translated into the national context, it considers the value of comparative empirical and socio‐legal research in helping to develop legislative and training measures; how roles and responsibilities are shared out in different legal systems and traditions; and practical arrangements that facilitate or inhibit the effectiveness of custodial legal advice in practice. There is a tension between framing transnational norms that are sufficiently universal to attract support, without being so broad as to lack any transformational force, and sufficiently detailed to ensure respect for core protections without imposing legal requirements too rigid and difficult to be absorbed into diverse processes of criminal justice.     

Bone Mineral Density Adult Age Estimation in Forensic Anthropology: A Test of the DXAGE Application

Estimating age‐at‐death of individuals represented only by skeletonized human remains is a fundamental aspect of forensic anthropological casework. Recently, several researchers have proposed that bone mineral density (BMD) is a useful predictor of age‐at‐death in forensic contexts. Navega et al. (JFS 63(2):497–503) developed an online application called DXAGE for calculating age‐at‐death from BMD parameters. This study tests the utility of DXAGE by utilizing data from the National Health and Nutrition Examination Survey (NHANES). BMD data from a female subsample (n = 470) of the NHANES 2007–2008 dataset were analyzed, and the relationship between predicted age and real age was examined. Inaccuracy was 14.25 years, and bias was ?7.20 years. Results show that there is a weak correlation between predicted and actual age (r = 0.47) using the DXAGE application. While BMD data are potentially useful for predicting age age‐at‐death, the DXAGE application should be used cautiously in forensic anthropological contexts.     

Online victimization risk and self-protective strategies: developing police-led cyber fraud prevention programs

ABSTRACT

The prevalence and impact of cyber fraud continues to increase exponentially with new and more innovative methods developed by offenders to target and exploit victims for their own financial reward. Traditional crime reaction methods used by police have proved largely ineffective in this context, with offenders typically located outside of the police jurisdiction of their victims. Given this, some police agencies have begun to adopt a victim focused, crime prevention approach to cyber fraud. The current research explores with a sample of two hundred and eighteen potential cyber fraud victims, the relationship between online victimization risk, knowledge and use of crime prevention strategies. The study found those most at risk of cyber fraud victimization despite accurate perceptions of risk and knowledge of self-protective behaviors in the online environment underutilise online prevention strategies. This research has important implications for police agencies who are designing and delivering cyber fraud education. It provides guidance for the development of effective prevention programs based on practical skills development.     

Promoting Stability for Youth Returning from Residential Care: Attorney Perspectives

Aftercare services have been suggested to improve reintegration for youth departing residential care programs. The purpose of this study was to collect views from legal professionals about the challenges youth and families face during reintegration and solutions to improve stability. Views were collected from 14 legal professionals (e.g., guardian ad litem, legal counsel) through a survey and 90‐minute nominal group technique focus group. Results indicated parent expectations about re‐entry and lack of services, supports and resources were challenges. Solutions suggested by participants included family, mental health and educational supports, and transition planning. Study limitations and future implications are discussed.     

Skeletal Trauma Resulting From Fatal Low (≤3 m) Free Falls: An Analysis of Fracture Patterns and Morphologies

The skeletal trauma resulting from fatal low (≤3 m) free falls is poorly researched and understood by forensic practitioners. The aim of this study was to identify the types of skeletal trauma resulting from low falls through investigating fracture patterns and morphologies. Skeletal trauma was analyzed using full‐body postmortem computed tomography scans of 145 individuals who died from a low free fall. Trauma was then contextualized to the variables that influence how a person falls using multiple logistic regression. Results showed fracture patterning primarily involved the axial skeleton and that there were a number of patterns significantly associated with the height fallen, pre‐existing health conditions, and age. Analysis of fracture morphologies showed 108 possible fracture types, six of which were significantly associated with the height fallen. Understanding the skeletal trauma characteristic of low free falls will further inform anthropological interpretations of trauma in cases where a fall may be considered the possible mechanism.     

A Geospatial Analysis of the Impact of Sex Offender Residency Restrictions in Two New York Counties

The efficacy of sex offender residence restriction laws in enhancing public safety is controversial and further complicated by evidence that adverse collateral effects may negate or even outweigh whatever benefits they achieve. Based on the theory of “distance decay” that postulates that offenders are more likely to recidivate closer to home, the statutes seek to distance offenders from potential child victims. However, to the extent that such statutes preclude residence in large portions of covered jurisdictions, it has been argued that they contribute to social instability, relegation of offenders to rural or undesirable locations, and even homelessness. A small number of studies have demonstrated the impact of restrictions on residential availability and compliance with the laws, but methodologic issues make it difficult to compare findings. This study uses parcel geocoding, a computerized mapping method, to examine the impact of the sex offender residency restrictions enacted in Erie and Schenectady Counties, NY. Identification and mapping of restricted locations revealed that in nonurban areas, available residential locations were drastically reduced by the restrictions (89.46% and 73.16% restricted in the two counties) and in urban areas almost completely eliminated (95.45% and 97.21%). Unexpectedly, however, when the registered sex offenders in each county were matched to their addresses in the state database, analysis revealed that residence restrictions had no demonstrable effect on where offenders live. More than 85% of offenders in each of the counties were found living in the urban centers, the vast majority of whom (91.89% and 100%) were matched to addresses in restricted locations. These findings may have important policy and procedural implications in the creation and enforcement of sex offender statutes, as well as in the evaluation of those presently in place.     

Utility of Postmortem Vitreous Beta-Hydroxybutyrate Testing for Distinguishing Sudden from Prolonged Deaths and for Diagnosing Ketoacidosis

A retrospective, cross-sectional analysis of vitreous beta-hydroxybutyrate (BHB) on 967 forensic cases over a two-year period was conducted. Cases were sorted into six categories of death: (i) sudden traumatic/non-natural (ST), (ii) sudden natural (SN), (iii) prolonged traumatic/non-natural (PT), (iv) prolonged natural (PN), (v) diabetic ketoacidosis (DKA), and (vi) alcoholic ketoacidosis (AKA). The mean BHB for all cases was 1.67 mmol/L (17.4 mg/dL; range: 0.11–18.02 mmol/L). The numbers of DKA, AKA, PN, PT, SN, and ST deaths were 21, 5, 155, 258, 275, and 253, respectively. Their mean vitreous BHBs were as follows: 11.04 mmol/L (DKA), 8.88 mmol/L (AKA), 1.56 mmol/L (PN), 1.55 mmol/L (PT), 1.26 mmol/L (SN), and 1.38 mmol/L (ST). There was a statistically significant difference between the mean BHBs of the PN and SN death groups (p < 0.001), as well as between those of the PT and ST death groups (p = 0.004). Given the overlapping ranges seen between the prolonged and sudden death groups, the identified differences did not hold clinical significance. In addition, we sought to determine a threshold value for vitreous BHB to definitely diagnose cases of ketoacidosis. BHB threshold concentrations between 2.5 and 5 mmol/L produced sensitivities >92% and specificities >96%. A receiver operator characteristic curve found 3.43 mmol/L to be the optimal cutoff value, demonstrating a specificity of 98.3% and a sensitivity of 96.2%.