A note on burdens of proof in civil litigation

It has been widely believed that who bears the burden of proof significantly affects the incentives of the legal parties. In particular, Hay and Spier (J Legal Stud 26:413–431, 1997) argues that if legal parties have a commonly accessible body of evidence (perfectly correlated pieces of evidence), the party who bears the burden of proof will present the evidence if and only if the evidence supports his position, while the other party (without the burden) will refrain from presenting it regardless of whether the evidence supports his position. In this paper, I claim that the result will be dramatically changed if the pieces of evidence that each party possesses are not perfectly correlated. I show that each party will present the evidence that supports his position whenever available, regardless of the burden of proof assignment. This implies that allocating the burden of proof does not matter in terms of information elicitation.     

Case rethinking: a protocol for reviewing criminal investigations

Mistakes in decision-making have been identified as the most common type of error in police investigations. Consequently, wrongful convictions and other types of criminal investigative failure may require a complete case ‘rethinking,’ particularly when new evidence disrupts the existing theory. A rush to judgment resulting in a premature shift from an evidence-based to a suspect-based investigation can produce a number of problematic thinking errors. Faulty assumptions, tunnel vision, groupthink, and other cognitive biases and organizational traps hinder evidentiary interpretation and evaluation. This article outlines a protocol for reviewing evidence and rethinking a wrongful conviction or unsolved crime when the existing investigative theory appears to be incorrect. The protocol involves four stages: (1) evidence; (2) interpretation; (3) patterns; and (4) analysis.     

Allison through the (Ottawa) Looking Glass: bureaucratic politics and foreign policy in a parliamentary system

Abstract. The major proponents of the bureaucratic politics approach to the study of foreign policy making — Graham T. Allison and Morton H. Halperin — contend that the paradigm developed from the United States foreign policy making system can be applied in other national contexts. This article assesses this contention. Despite indications that both the context and structure of Canadian foreign policy making in the 1970s would suggest the applicability of the bureaucratic politics model in accounting for policy outcomes, the author notes that few students of Canada's external relations appear convinced of the paradigm's applicability or its utility in a parliamentary context. However, a brief assessment of seven aspects of the structure of foreign policy decisionmaking in Canada during the 1970s suggests that the bureaucratic politics approach is applicable in a parliamentary system. It is argued, nonetheless, that structural differences between the United States and parliamentary systems will have a substantial impact on both the tone of bureaucratic politics and the effects of bureaucratic politics on policy outcomes. Sommaire. Les principaux partisans de l'approche dite de la « politique bureaucratique », pour l'eAtude de l'élaboration de la politique étrangère — Graham T. Allison et Morton H. Halperin — soutiennent l'un et l'autre que le paradigme développéà partir du système américain peut s'appliquer à d'autres contextes nationaux. C'est la these qui est évaluée ici. L'auteur note que certaines indications nous laissent supposer que le contexte et la structure de la politique étrangère canadienne au cours des années 1970 pourraient se prêter à une application du modèle de la politique bureaucratique pour ce qui est de l'analyse des conséquences des politiques, mais que peu de spécialistes en relations internationales canadiennes sont convaincus de la validité du paradigme ou de son utilité dans un contexte parlementaire. Cependant une brève evaluation de sept aspects de la structure de prise de décision en matière de politique étrangère au Canada pendant les années 70, semble montrer que l'approche de la politique bureaucratique est applicable à un système parlementaire. L'auteur soutient cependant que les différences structurelles entre le système présidentiel américain et le système parlementaire peuvent exercer un impact important à la fois sur le ton des politiques développées suivant le modèle de la politique bureaucratique et sur les effets de ces politiques.     

Enforcement Intensity in Danish Drug Control, 1996–2017

Enforcement intensity towards drug law offences in Denmark has increased since 2004, making Denmark one of the few Western countries that is heading towards a more repressive drug control approach. The aim of this study is to examine patterns and correlates of drug enforcement intensity over time. Policy documents and criminal statistics on drug law offences, from 1996 to 2017, are analysed in the context of the rationality perspective and the theory of policy coherence. Time series analyses and bivariate tests of statistical significance are used to examine enforcement intensity over time, between seasons, and in the gender and ethnic composition of convictions. Three periods are identified, delineated by documents that set forth drug policy aims. From 1996 to 2003, a series of qualitative changes to the legal framework was introduced, followed by a quantitative increase in enforcement pressure from 2004 to 2010 with a focus on Copenhagen. From 2011 to 2017, other regions of the country also increased enforcement. The increased intensity in drug control followed a period of increasing cannabis prevalence rates. The increase in reported minor drug law offences correlated with increased seasonal variations and increased disparity in the gender and ethnicity of convicted individuals.

     

A comparison of curfew and noncurfew violators using a self-report delinquency survey

The present study examines one city’s experience with a juvenile curfew ordinance. It compares characteristics of youths detained by the police for curfew violation with teenagers who did not have such police contact. Selfreport data reveal curfew violators admit committing more minor and serious delinquency, as well as status offenses, than noncurfew violators. Curfew violators also disclose higher victimization levels. Implications deriving from these observations are discussed.     

Direct STR amplification from whole blood and blood- or saliva-spotted FTA without DNA purification

The DNA purification step has been thought to be essential for typing of STR DNA. However, this process is time-consuming, and there is a risk of unexpected cross-contamination during purification. We report a new method for direct short tandem repeat (STR) amplification using a newly developed direct PCR buffer, AnyDirect, which can amplify STR loci from whole blood and blood- or saliva-spotted FTA cards without DNA purification. The autosomal and Y chromosomal STR loci were analyzed for whole blood and blood or saliva spots of random individuals, followed by comparison of the results with those of corresponding purified DNA. The results from whole blood and blood spots showed perfect concordance with those from purified DNA without allele or locus drop-out. However, in the case of saliva spots, no amplification or locus drop-out was observed in some of the samples, which offers a topic for further study. Additionally, some commercial hot-start DNA polymerases other than AmpliTaq Gold DNA polymerase were also found to be compatible with this buffer system. Therefore, this direct PCR buffer was demonstrated to be useful for fast forensic DNA analysis or criminal DNA databases for which there is no need to store DNA samples.     

Homicides committed by youth assailants: a retrospective study

The pediatric population has received considerable attention in the forensic community; the youth assailant of homicide, however, is understudied. The authors retrospectively reviewed all cases referred to the Forensic Pathology Section of the Medical University of South Carolina between January 1991 and May 2006. Cases included in the study were homicides in which 1 or more assailants were 19 years of age or younger. The cases were examined as to the cause and manner of death, victim age, gender, race, incident location, weapon used, assailant-victim relationship, assailant age, gender, race, motive, and postmortem toxicology results. Assailant information was obtained from forensic records at Medical University of South Carolina, police department records, and online search engines of South Carolina State newspaper archives confirmed by law enforcement reports. The youth assailants were predominantly black men, 15 to 19 years of age (range, 4-19 years). Most victims were black male acquaintances, and the motive was most often an argument. The most common cause of death was cerebral laceration because of a gunshot wound. The incident occurred in the home in 41% of cases, followed by the street in 31%. Victim toxicology was frequently positive for cocaine, marijuana, and alcohol.     

Analysis of ketamine and norketamine in urine by automatic solid-phase extraction (SPE) and positive ion chemical ionization-gas chromatography-mass spectrometry (PCI-GC-MS)

Ketamine (KT) is widely abused for hallucination and also misused as a "date-rape" drug in recent years. An analytical method using positive ion chemical ionization-gas chromatography-mass spectrometry (PCI-GC-MS) with an automatic solid-phase extraction (SPE) apparatus was studied for the determination of KT and its major metabolite, norketamine (NK), in urine. Six ketamine suspected urine samples were provided by the police. For the research of KT metabolism, KT was administered to SD rats by i.p. at a single dose of 5, 10 and 20mg/kg, respectively, and urine samples were collected 24, 48 and 72 h after administration. For the detection of KT and NK, urine samples were extracted on an automatic SPE apparatus (RapidTrace, Zymark) with mixed mode type cartridge, Drug-Clean (200 mg, Alltech). The identification of KT and NK was by PCI-GC-MS. m/z238 (M+1), 220 for KT, m/z 224 (M+1), 207 for NK and m/z307 (M+1) for Cocaine-D(3) as internal standard were extracted from the full-scan mass spectrum and the underlined ions were used for quantitation. Extracted calibration curves were linear from 50 to 1000 ng/mL for KT and NK with correlation coefficients exceeding 0.99. The limit of detection (LOD) was 25 ng/mL for KT and NK. The limit of quantitation (LOQ) was 50 ng/mL for KT and NK. The recoveries of KT and NK at three different concentrations (86, 430 and 860 ng/mL) were 53.1 to 79.7% and 45.7 to 83.0%, respectively. The intra- and inter-day run precisions (CV) for KT and NK were less than 15.0%, and the accuracies (bias) for KT and NK were also less than 15% at the three different concentration levels (86, 430 and 860 ng/mL). The analytical method was also applied to real six KT suspected urine specimens and KT administered rat urines, and the concentrations of KT and NK were determined. Dehydronorketamine (DHNK) was also confirmed in these urine samples, however the concentration of DHNK was not calculated. SPE is simple, and needs less organic solvent than liquid-liquid extraction (LLE), and PCI-GC-MS can offer both qualitative and quantitative information for urinalysis of KT in forensic analysis.     

Court compliance as a predictor of postadjudication recidivism for domestic violence offenders

This study evaluated pre- and postadjudication behavior of 220 male defendants convicted of a domestic violence-related offense using court records and police department data. Our goal was the identification of possible predictors for continued criminal behavior that could pose a risk of further harm to victims. Factors identified as significant predictors of defendant recidivism were having two or more court reports of noncompliance with domestic violence treatment, two or more warrants issued by the court for noncompliance, and two or more reports to law enforcement of new criminal activity involving the defendant. Law enforcement reports were the strongest predictor of recidivism, with an odds ratio of 7.7 and confidence interval of 3.0-19.7. These results illustrate the importance of monitoring multiple dimensions of defendant behavior while under court supervision and of communicating information on noncompliance with victims and advocates to assist in safety planning efforts.     

Predictors of job satisfaction among police officers: Does personality matter?

The aim of this research was to enhance the theoretical foundation of job satisfaction within the field of policing. The data were collected through a self-report survey administered to a sample of sworn police officers (N = 87). The primary research question was whether personality characteristics significantly contribute to perceptions of job satisfaction beyond which could be explained through demographic and job characteristic variables. Although results of hierarchical multiple regressions revealed that overall personality measurement added to the variance accounted for in job satisfaction beyond demographic and job characteristic variables, none of the independent personality scales were significant predictors. Overall, results demonstrated that years of experience and the job characteristic factors of autonomy and feedback were the most important predictors of job satisfaction in this sample of police offers. Implications and future directions are discussed.