Interpretation of a 3,4-methylenedioxymethamphetamine (MDMA) blood level: discussion by means of a distribution study in two fatalities

The amphetamine derivative 3,4-methylenedioxymethamphetamine (MDMA, "Ecstasy" is a currently used or abused designer drug and fatalities are frequently encountered in forensic practice. However, the question remains open whether an MDMA blood level can be toxic or even potentially lethal. In order to provide insight in the interpretation of a detected MDMA concentration, the distribution of MDMA and its metabolite 3,4-methylenedioxyamphetamine (MDA) in various body fluids and tissues was studied and discussed in two different fatalities. Apart from peripheral blood samples (such as femoral and subclavian blood), various blood samples obtained centrally in the human body and several body fluids (such as vitreous humour) were examined. In addition, various tissues such as cardiac muscle, lungs, liver, kidneys, and brain lobes were analysed. In contrast to the peripheral blood levels, high MDMA and MDA levels were found in cardiac blood and the majority of the organs, except for the abdominal adipose tissue. The high concentrations observed in all lung lobes, the liver and stomach contents indicate that post-mortem redistribution of MDMA and MDA into cardiac blood can occur and, as a result, blood sampled centrally in the body should be avoided. Therefore, our data confirm that peripheral blood sampling remains "the golden standard". In addition, a distinct difference in peripheral blood MDMA concentrations in our two overdose cases was established (namely 0.271 and 13.508 microg/ml, respectively). Furthermore, our results suggest that, if a peripheral blood sample is not available and when putrefaction is not too pronounced, vitreous humour and iliopsoas muscle can be valuable specimens for toxicological analysis. Finally, referring to the various mechanisms of death following amphetamine intake, which can result in different survival times (e.g. cardiopulmonary complications versus hyperthermia), the anatomo-pathological findings and the toxicological results should be considered as a whole in arriving at a conclusion.     

An alternative method to screen for pepper spray residue

A method was developed to screen for pepper spray residue using instruments and methods other than those techniques commonly employed to analyze chemical residue (i.e.. gas chromatography mass spectrometry-GCMS or liquid chromatography mass spectrometry-LCMS). The method employed gas chromatography (GC), thin layer chromatography (TLC), and diffuse reflectance infrared Fourier transform spectroscopy (DRIFTS) to screen for dried pepper spray stains. Pepper sprays from nine different manufacturers were investigated. Capsaicin and dihydrocapsaicin were identified and unique IR reflectance spectra are presented. An additional five compounds were presumptively found. Results showed that a particular stain could be characterized as a pepper-based stain.     

Further studies on spot tests and microcrystal tests for identification of cocaine

The presence of cocaine in illicit drug samples is still being determined in some laboratories using spot tests and microcrystal tests. Seventeen chemical species were tested using three different spot tests (Wagner, Marquis, and cobalt thiocyanate followed by stannous chloride reactions) and two microcrystal tests (gold chloride and platinic chloride) to determine whether the results could be differentiated from the results of these tests on cocaine. The data obtained indicated that nine of the 17 compounds gave results similar to those from cocaine using the three spot tests, but that the results from microcrystal testing allowed for differentiation of all nine compounds from cocaine.     

The Principle of Full Compensation in Tort Law

According to the principle of full compensation, tort law seeks to put the victim in the position he was in before the tort. This position is generally considered to be the situation where the victim does not suffer any harm at all. We consider an alternative interpretation. If an injurer takes due care, the victim is faced with expected harm. This can be considered the victim's expected harm in the situation he was in before the tort. Thus conceived full compensation requires a negligent injurer to pay damages which bring the (potential) victim ex ante in the same position as the victim was in the case where the (potential) injurer takes due care. We investigate the consequences of this restated negligence rule. For due care levels larger than efficient care, the standard negligent rule may lead to excessive care, whereas the restated negligent rule always leads to efficient care. Furthermore, the activity level under the restated negligent rule is greater than the activity level under the standard negligent rule, which itself is greater than the efficient activity level. Social welfare under the restated negligence rule can either be higher or lower than social welfare under the standard negligence rule.     

Blood droplet dynamics--I

The interpretation of bloodstain patterns at crime scenes has received increased attention in recent years. Important to an understanding of this is knowledge of the fundamentals of blood droplet formation and impact dynamics. A review of the literature reveals that a considerable amount of work has been done with aqueous drop dynamics. Workers in the forensic science area seem to have been unaware of this. In addition, some of the most important and comprehensive early work with blood droplet dynamics seems to have been forgotten. It is not cited in more recent publications dealing with bloodstain pattern interpretation. This literature is reviewed and discussed as well. The present study presents results of experiments with blood droplet dynamics and high-speed photographs of blood droplet impacts on stationary target surfaces. Some longstanding misconceptions of importance to forensic scientists engaged in crime scene reconstruction are discussed.     

Das informell-kooperative Verwaltungshandeln im Umweltrecht

Zusammenfassung  Informelles Verwaltungshandeln geh?rt zum umweltrechtlichen Alltag. Die technische Entwicklung und die zunehmende Komplexit?t umweltrelevanter Sachverhalte veranlassen den Staat dazu, jenseits der hergebrachten Handlungsformen des ?ffentlichen Rechts in den wirtschaftlichen Bereich einzuwirken und das ursprünglich subordinative Staat-Bürger-Verh?ltnis in eine auf Konsens zielende Kooperation umzustrukturieren. Der vorliegende Beitrag befasst sich mit der noch nicht abschlie?end gekl?rten rechtlichen Bew?ltigung informeller staatlicher T?tigkeit. Der Schwerpunkt liegt dabei auf dem sog. normvollziehenden Verwaltungshandeln. Besondere Berücksichtigung findet die Teilformalisierung informeller Verhaltensweisen de lege lata und im Referentenentwurf zum UGB.