A higher bar: Institutional impediments to hate crime prosecution

Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified: evidentiary inflation, by which law enforcement uses a higher burden of proof than what is required by statute; loose coupling between police departments and prosecutors' offices; and cultural distance between law enforcement and victims. Findings also reveal that advocacy groups and media can successfully increase the visibility of cases and draw the attention of prosecutors. The findings align with aspects of legal endogeneity theory and enhance our understanding of the role of organizations in constructing the meaning of law. The results also help explain why some laws are rarely enforced, even when they have support from key personnel in an organization.     

Rapid and nondestructive analysis of lipstick on different substrates using ATR-FTIR spectroscopy and chemometrics

Lipstick can be an important piece of evidence in crimes like murders, rapes, and suicides. Due to its prevalence, it can be an important corroborative evidence in crime reconstruction. The analysis of such evidence can provide an evidentiary link between the suspect, the victim, object, or the crime scene. We report the use of nondestructive ATR-FTIR spectroscopy combined with chemometrics for the classification of 10 brands of lipsticks with nine samples each. Chemometric method of partial least square-discriminant analysis (PLS-DA) has been employed to interpret the data and classify the samples into their respective classes. The PLS-DA model provides an AUC figure above 0.99 in all brands except one; for which it is slightly less at 0.94. We have also tested the traces of these lipstick samples on different substrates treating them as unknowns in the already trained PLS-DA model. 100% of the samples on nine substrates viz. a cotton, nylon, plastic, dry tissue, denim (blue jeans), wet tissue, nitrile gloves, white paper, and polyester were correctly attributed to their source brand. In conclusion, the results suggest that ATR-FTIR combined with the chemometrics is a rapid, nondestructive, and accurate method for the discrimination and source attribution of lipstick. This study has potential for use in actual forensic casework conditions.     

The impact of fentanyl on DUIDs and traffic fatalities: Blood and oral fluid data

Fentanyl has emerged as the most prolific drug in the ongoing opioid epidemic and has greatly impacted traffic safety in recent years. This study aimed to evaluate fentanyl prevalence and concentrations in blood and oral fluid in driving under the influence of drugs (DUID) cases in three different regions (i.e., Alabama, Orange County, CA, and Houston, TX) from 2017 to 2022. Furthermore, traffic fatalities were evaluated for Alabama and Orange County, CA. Fentanyl positivity in DUID and traffic fatalities increased for most years in this study. In Alabama, the prevalence of fentanyl DUID cases increased 4-fold in 2022 compared to 2017. Orange County's increase from 2017 to 2022 was 14-fold. In Houston, the increase was approximately 2-fold from 2019 to 2022. The greatest increase for all laboratories coincided with the start of the COVID-19 pandemic. In 2022, the median fentanyl DUID blood concentrations were 4.7, 11, and 4.7 ng/mL in Alabama, Orange County, and Houston, respectively. Most fentanyl cases were polydrug cases (≥90%). Methamphetamine, THC, and alprazolam were the most frequently detected drugs in combination with fentanyl. Alabama has collected oral fluid and blood in DUID cases since 2018. The detection of fentanyl in oral fluid was comparable to blood. However, 59% and 8.7% of fentanyl-positive cases had concentrations of >20 ng/mL in oral fluid and blood, respectively. Therefore, oral fluid as an alternative or supplemental specimen to blood is an attractive approach for fentanyl in DUID cases. This study contributes to understanding recent fentanyl trends and their impact on traffic safety.     

Forensic integrity verification of video recordings based on MTS files

Digital video is used in criminal trials as evidence with legal responsibility because video content vividly depicts events occurring at a crime scene. However, using sophisticated video editing software, assailants can easily manipulate visible clues for their own benefit. Therefore, the integrity of digital video files acquired or submitted as evidence must be ensured. Forensic analysis of digital video is key to ensuring the integrity of links with individual cameras. In this study, we analyzed whether it is possible to ensure the integrity of MTS video files. Herein, we propose a method to verify the integrity of MTS files encoded by advanced video coding high definition (AVCHD), which is frequently used for video recording. To verify MTS file integrity, we propose five features. Codec information, picture timing, and camera manufacture/model are modified AVI and MP4-like format video verification features. Group of pictures and Universally Unique Identifier patterns were specifically developed for MTS streams. We analyzed the features of 44 standard files recorded using all recording options of seven cameras. We checked whether integrity can be validated on unmanipulated videos recorded in various environments. In addition, we considered whether manipulated MTS files edited in video editing software could be validated. Experimental results show that all unmanipulated and manipulated MTS files with known recording devices were discriminated only when all five features were checked. These results show that the proposed method verifies the integrity of MTS files, strengthening the validity of MTS file-based evidence in trials.     

A reference database of Windows artifacts for file-wiping tool execution analysis

Anti-forensic technology can play an effective role in protecting information, but it can make forensic investigations difficult. Specifically, file-wiping permanently erases evidence, making it challenging for investigators to determine whether a file ever existed and prolonging the investigation process. To address this issue, forensic researchers have studied anti-forensic techniques that detect file-wiping activities. Many previous studies have focused on the effects of file-wiping tools on $MFT, $LogFile, and $DATA, rather than on Windows artifacts. Additionally, previous studies that have examined Windows artifacts have considered different artifacts, making it difficult to study them in a comprehensive manner. To address this, we focused on analyzing traces in 13 Windows artifacts of 10 file-wiping tools' operations in the Windows operating system comprehensively. For our experiments, we installed each file-wiping tool on separate virtual machines and checked the traces that the tools left behind in each artifact. We then organized the results in a database format. Our analysis revealed that most of the tools left traces on other artifacts, except for JumpList, Open&SavePidlMRU, and lnk. There were also some cases where traces remained on the other three artifacts. Based on our research, forensic investigators can quickly identify whether a file-wiping tool has been used, and it can assist in decision-making for evidence collection and forensic triage.     

The Theory and Practice of “Nudging”: Changing Health Behaviors

Many of the most significant challenges in health care—such as smoking, overeating, and poor adherence to evidence‐based guidelines—will only be resolved if we can influence behavior. The traditional policy tools used when thinking about influencing behavior include legislation, regulation, and information provision. Recently, policy analysts have shown interest in policies that “nudge” people in particular directions, drawing on advances in understanding that behavior is strongly influenced in largely automatic ways by the context within which it is placed. This article considers the theoretical basis for why nudges might work and reviews the evidence in health behavior change. The evidence is structured according to the Mindspace framework for behavior change. The conclusion is that insights from behavioral economics offer powerful policy tools for influencing behavior in health care. This article provides public administration practitioners with an accessible summary of this literature, putting these insights into practical use.