Withdrawn: Hair Analysis for Drug‐Facilitated Crime: The Critical Role of Hair Growth Rate

The following article from the Journal of Forensic Sciences, “Hair Analysis for Drug‐Facilitated Crime: The Critical Role of Hair Growth Rate” by Koren G, Bellaish E, Maman K, published online on 3rd September 2019 (1) on Wiley Online Library has been withdrawn at the authors’ request, and in agreement between the authors, the Journal’s Editorial Office, and John Wiley & Sons, Inc. The withdrawal has been agreed to by all parties due to material included in the article being involved in current litigation. Reference 1. Koren G, Bellaish E, Maman K. Hair analysis for drug‐facilitated crime: the critical role of hair growth rate. J Forensic Sci 2019;54(5):1574–5. https://doi.org/10.1111/1556-4029.14013 .     

The security of access to accounts under the PSD2

The revised Payment Services Directive (‘PSD2’) has been adopted to stimulate the development of an integrated internal market for payment services. In particular, it facilitates payment initiation services and account information services by granting the providers of these services access to the accounts of the payment service users. At the same time, the recitals state that the PSD2 guarantees a high level of consumer protection, security of payment transactions and protection against fraud.This paper answers the following question: To what extent does the access to accounts of the payment initiation service providers and account information service providers balance the development of the market for payment services with the security of the payment account and the privacy of the user? An analysis of the PSD2 shows that the development of the market for payment services has a higher priority. Security and privacy are ultimately subordinate.First, the PSD2 does not adequately protect the personal data of the users. The definition of ‘account information service’ is broad and covers a wide range of services. This allows the payment service providers to circumvent the limitations of the access to accounts.Next, the payment service providers have a ‘fall back option’ that allows ‘screen scraping’ if the dedicated interface is not functioning properly. Although this access is constrained by several safeguards, the fall back option gives the payment services provider unlimited access to the account of the user.Finally, the payment service providers have considerable freedom to arrange their authentication process as they see fit. The banks seem to be required to trust this process. The PSD2 and regulatory technical standards do not demand that a bank is able to verify the authentication or the integrity of the payment order.     

Evaluation of neodymium isotope analysis of human dental enamel as a provenance indicator using 1013 Ω amplifiers (TIMS)

Human provenance studies employing isotopic analysis have become an essential tool in forensic and archaeological sciences, with multi-isotope approaches providing more specific location estimates compared to single isotope studies. This study reports on the human provenancing capability of neodymium isotopes (¹⁴³Nd/¹⁴⁴Nd), a relatively conservative tracer in the environment. Neodymium isotope ratios have only recently been determined on human remains due to low concentrations in human dental enamel (ppb range), requiring thermal ionisation mass spectrometry (TIMS) using 10¹³ Ω resistors. Dental elements (third molars) from 20 individuals born and raised in the Netherlands were analysed for Nd concentration (n = 12) and Nd isotope ratios (n = 15). The geological control on Nd isotope composition was examined using coupled Nd-Sr isotope analysis of the same third molar. Teeth from different geological environments were also analysed (Caribbean, Columbian, and Icelandic, n = 5). Neodymium elemental concentrations in dental elements ranged between 0.1 and 7.9 ppb (median 0.5 ppb). The Dutch ¹⁴³Nd/¹⁴⁴Nd ratios of the provinces of Limburg and Friesland were between 0.5118 and 0.5121, with Dutch ⁸⁷Sr/⁸⁶Sr ratios in agreement with the previously established local range (0.708–0.710). The current findings were compared to previously published results on Nd concentration and composition from Dutch individuals. The concentration of Nd and ¹⁴³Nd/¹⁴⁴Nd ratios were weakly correlated (R² = 0.47, n = 17) in Dutch human dental enamel. The majority (n = 25, 83.3%) of individuals had Nd and Sr isotope values isotopically indistinguishable from the geological environment in which their third molars formed and mineralised. However, the Nd isotope ratios of the Icelandic individual and several Dutch individuals (n = 4) suggested that Nd in enamel is not solely influenced by geological environment. In order for neodymium isotopes to be quantitatively applied in forensic and archaeological settings further analyses of individuals from various geographical regions with well-defined dietary Nd isotope data are required.     

Guiding Principles for Family Justice Programs

The Association of Family and Conciliation Courts and Relate, UK, co‐convened a 24‐hour consultation at St George's House, Windsor, UK, on modern family justice issues across Europe. This article identifies a preliminary set of guiding principles for family justice programs developed by consultation participants.     

THE LANGUAGE OF STIGMATIZATION AND THE MARK OF VIOLENCE: EXPERIMENTAL EVIDENCE ON THE SOCIAL CONSTRUCTION AND USE OF CRIMINAL RECORD STIGMA

After years of stagnation, labeling theory has recently gained new empirical support. Simultaneously, new policy initiatives have attempted to restructure criminal record stigma to reduce reintegration barriers, and subsequent recidivism, driven by labeling. For example, in a recent Department of Justice (DOJ) language policy, person‐first terms (e.g., “person with a conviction”) were substituted for crime‐first terms (e.g., “offender”). The Equal Employment Opportunity Commission has also issued guidelines to structure how decision‐makers use criminal records. Unfortunately, little is currently known about the social construction and use of criminal record stigma or the potential effects of such policy changes. In the current study, we provide two unique empirical tests. In study 1, we examine the social construction of stigma by testing DOJ's language policy with experimental data from a nationally representative sample of American adults (N = 996). In study 2, we use a separate nationwide experiment (N = 1,540) to examine how the contextualization of criminal records influences social exclusion decisions. Across both studies, we find consistent evidence of a “mark of violence.” The public perceives that individuals with violent convictions are the most likely to commit future crimes, and it is more supportive of excluding these individuals from employment. Crime‐first terms exacerbate perceived recidivism risk for individuals with violent convictions.     

The Burglary Boost: A Note on Detecting Contagion Using the Knox Test

Objectives

A large body of literature in quantitative criminology finds that the spatio-temporal clustering of burglary is greater than one would expect from chance alone. This suggests that such crimes may exhibit a “boost” effect, wherein each burglary increases the risk to nearby locations for a short period. In this study, we demonstrate that standard tests for spatio-temporal dependence have difficulty distinguishing between clustering caused by contagion and that caused by changing relative risks. Therefore, any estimates of the boost effect drawn from these tests alone will be upwardly biased.

Methods

We construct an agent-based model to generate simulated burglary data, and explore whether the Knox test can reliably distinguish between contagion (one burglary increases the likelihood of another burglary nearby) and changes in risk (one area gets safer while another gets more dangerous). Incorporating insights from this exercise, we analyze a decade of data on burglary events from Washington, DC.

Results

We find that (1) absent contagion, exogenous changes in relative risk can be sufficient to produce statistically significant Knox ratios, (2) if risk is changing over time, estimated Knox ratios are sensitive to one’s choice of time window, and (3) Knox ratios estimated from Washington, DC burglary data are sensitive to one’s choice of time window, suggesting that long-run changes in relative risk are, in part, driving empirical estimates of burglary’s boost effect.

Conclusions

Researchers testing for contagion in empirical time series should take precautions to distinguish true contagion from exogenous changes in relative risks. Adjusting the time window of analysis is a useful robustness check, and future studies should be supplemented with new approaches like agent-based modeling or spatial econometric methods.

     

The Role of Site Variance in the American Judicature Society Field Study Comparing Simultaneous and Sequential Lineups

Objectives

Police departments often use photo lineups for eyewitness identification purposes. A widely adopted lineup reform designed to reduce eyewitness misidentifications involves switching from the standard simultaneous photo presentation format to a sequential format. These two lineup procedures were recently tested in the American Judicature Society (AJS) field study, which was conducted in four different police jurisdictions. The results from two phases of that investigation reached opposite conclusions as to which lineup procedure is superior, and the purpose of our current investigation was to elucidate the role of site variance in shaping those contrasting conclusions.

Methods

In previous analyses, the field study data were either (1) aggregated across all four study sites or (2) drawn from only one study site (Austin, Texas). Here, we analyze the data separately for the Austin study site, where 69 % of the eyewitnesses were tested, and the other three study sites combined, where 31 % of the eyewitnesses were tested.

Results

The results indicate significant site variance between the Austin and non-Austin study sites. In addition, the results suggest that aggregating the data across sites played a determinative role in creating the apparent disagreement about which lineup procedure is diagnostically superior.

Conclusions

Once large differences across the AJS study sites are taken into consideration, there is no longer any disagreement about which lineup procedure is superior. The simultaneous procedure is diagnostically superior to the sequential procedure, but the sequential procedure sometimes induces more conservative responding (a result that can and often does masquerade as diagnostic superiority).

     

Rational choice attitudinalism?

This essay reviews Epstein, Landes, and Posner’s The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. Their book systematically asks how the role of ideology varies across the tiers of the federal judicial hierarchy. A major finding is that the impact of ideology increases from the bottom to the top of the judicial hierarchy. Their typical methodology formulates an ex ante measure of judicial ideology such as the political party of the appointing president, and demonstrates that this measure correlates with later judicial behavior, often voting on case dispositions. Along the way, they investigate a multitude of topics, including some quite under‐explored ones. We argue that ELP’s theory is only weakly connected to their empirical practice, for the latter focuses on the role of ideology in judging while the former says almost nothing about that relationship. In fact, though, their empirical practice does embed a theory of law and ideology, but one quite different from that suggested by the book’s rhetoric. In the penultimate section of the essay, we explore this disconnection between ELP’s theory, practice, and interpretation. Its origin (we argue) lies in an extremely thin conceptualization of law. We conclude with the issue posed in ELP’s final chapter, “The Way Forward,” but suggest a rather different path.