The Impact of Cultural Diversity on International Criminal Proceedings

This article analyses the impact of cultural diversity on internationalcriminal proceedings, and what may be done to counter the unfortunateconditions — limited (or lack of) understanding, alienationand disagreement — resulting from this diversity. Eachof these conditions, if ignored, seriously undermines not merelythe efficacy of international criminal tribunals, but also theirworth from the standpoint of those who are supposed to benefitfrom them, i.e. actual participants (accused, witnesses andvictims) and affected populations. At present, internationalcriminal tribunals primarily understand the problem of culturaldiversity as one of how to cope with linguistic variations.However, a persistent focus on culture as language hides differencesin terms of other culture-specific components of equal relevanceto their work, notably socio-cultural norms and convictionsabout justice. These variations are especially difficult totackle. In this context, the article examines whether nationalcourts, which are assumed to conduct their proceedings in moreculturally homogenous settings, offer more appropriate foraof adjudication of grave crimes under international law.     

MEDIATION AND DOMESTIC VIOLENCE

This article summarizes policies and procedures used by various courts in the United States in responding to domestic violence. Over 200 courts and services were contacted under a grant from the State Justice Institute in developing this survey. The article covers the profile of mediation services, mediator training regarding domestic violence, screening for domestic violence and protocols used.     

Myths of the insanity defense: Inherent and procedural obstacles

Often societies perceptions can be shaped by the media not only by what it reports but by how it is reported. This article discusses the impact that the American media has had on the social perception that the insanity defense is too often successfully used to avoid legal and criminal culpability. Many of the procedural obstacles associated with the assertion of an insanity defense are poorly understood or ignored. The article further address some of the less attractive characteristics associated with the assertion of the insanity defense that are not procedurally founded but nonetheless serve as an impediment the wide spread use of the defense. In conclusion the insanity defense is submitted as an unavoidable necessary evil in a civilized society that incarcerates its criminals.     

Assessment of moral judgment and empathy in young sex offenders: a comparison of clinical judgment and test results

Professional decision making in forensic clinical practice may have lifelong consequences for offenders. Although information on moral development is important for prediction of reoffending and referral to adequate treatment, conclusions regarding moral development are still largely based on unstructured clinical judgment instead of assessment instruments. For this study, the authors examined to what extent unstructured clinical judgment of both moral judgment and victim empathy concurred with test results in a group of young sex offenders. Moral judgment was measured with the Sociomoral Reflection Measure-Short Form (SRM-SF), whereas victim empathy was measured with an extended version of the Basic Empathy Scale (BES). No significant associations were found between clinical judgment of moral judgment and the mean scores on the SRM-SF. However, clinical judgment of victim empathy was significantly associated with victim empathy on the Victim Empathy Scale but not consistently in the expected direction. Juvenile sex offenders, who were judged by clinicians to show little victim empathy, displayed lower mean scores on the Victim Empathy Scale than juvenile sex offenders who were evaluated to lack victim empathy or to have intact victim empathy. This study showed unstructured clinical judgment of moral development not to concur with test results. To improve decision-making processes regarding moral development, clinicians are advised to rely on instruments that assess moral development to inform clinical judgment. Further research is needed to examine which predictions are more accurate and to establish the predictive validity of moral development evaluations.     

In vitro production of GHB in blood and serum samples under various storage conditions

The in vitro production of GHB was observed in freshly collected, untreated whole blood samples using glass BD-Vacutainers and polypropylene S-monovettes. GHB concentrations were determined daily over a period of one week and after 3, 6 and 9 weeks again. Furthermore, the GHB concentration in 40 untreated random whole blood samples stored at 4°C for a longer period of time (10 samples 12 month, 10 samples 24 month and 20 samples 36 month) was also determined. For comparison, the in vitro production of GHB in freshly collected and prepared serum samples was observed. GHB serum concentrations were determined three times over a period of one week and once again after six weeks. Sample preparation was performed by means of methanolic extraction following the precipitation of whole blood and serum samples. A methanolic standard calibration was done in a low range of 0.005-0.1 μg/mL (LOD: 0.004, LLOQ: 0.013). For quantification a spiked blood bank serum with a determined GHB concentration of 0.09 μg/mL was used. Corrected calibrations in the range of 0.09-5.09 μg/mL were used (LOD: 0.08 μg/mL, LLOQ: 0.30 μg/mL), recovery: 91.3% (high level: 4.09 μg/mL) 50.5% (low level: 0.19 μg/mL). RESULTS: Relevant elevation of GHB was observed in all whole blood samples stored in liquid form (4°C or room temperature). In two of the 40 whole blood samples stored over a longer period of time at 4°C, GHB concentrations in the range of 13 μg/mL were even determined. These findings constitute grounds for caution. Even a GHB cut-off level of 5 μg/mL cannot be considered as "absolutely positive" proof of a case of exogenous administration, at least in untreated liquid blood samples in long time storage. However, no significant elevations of GHB were otherwise observed in any of the serum samples independently of storage temperature nor in the whole blood samples that were frozen for storage. CONCLUSIONS: The results suggest that the cut-off for exogenous GHB of 5 μg/mL could be lowered significantly, with the consequence of winning valuable time for the potential victim, but only if serum is collected for GHB determination or if the whole blood sample is frozen immediately after collection and the procedure well documented.     

Optimization of Human mtDNA Control Region Sequencing for Forensic Applications

Sequencing mitochondrial DNA hypervariable regions I and II (HVI and HVII) is useful in forensic missing person and unidentified remains cases. Improvements in ease and sensitivity of testing will yield results from more samples in a timely fashion. Routinely, amplification of HVI and HVII is followed by Sanger sequencing using the BigDye^® Terminator v3.1 Cycle Sequencing kit (Applied Biosystems) using 4 μL of ready reaction mix (RRM). Each sequencing reaction is then purified through column filtration before capillary electrophoresis. Using lower amounts of RRM (2 μL or 1 μL) and purification using BigDye^® XTerminator^? (Applied Biosystems) instead of columns showed no loss of sequence length and increased the quality and the sensitivity of testing, allowing HVI and HVII typing from mitochondrial genome equivalent to 125 fg of nuclear DNA, or 100 pg of HVI/HVII amplicons. Using this methodology, testing can be completed in 1 day, and the cost of testing is reduced.     

Hierarchical Cluster Analysis of Ignitable Liquids Based on the Total Ion Spectrum

Gas chromatography–mass spectrometry (GC–MS) data of ignitable liquids in the Ignitable Liquids Reference Collection (ILRC) database were processed to obtain 445 total ion spectra (TIS), that is, average mass spectra across the chromatographic profile. Hierarchical cluster analysis, an unsupervised learning technique, was applied to find features useful for classification of ignitable liquids. A combination of the correlation distance and average linkage was utilized for grouping ignitable liquids with similar chemical composition. This study evaluated whether hierarchical cluster analysis of the TIS would cluster together ignitable liquids of the same ASTM class assignment, as designated in the ILRC database. The ignitable liquids clustered based on their chemical composition, and the ignitable liquids within each cluster were predominantly from one ASTM E1618‐11 class. These results reinforce use of the TIS as a tool to aid in forensic fire debris analysis.