Substitution of human for horse urine disproves an accusation of doping*

In order to detect switching and/or manipulation of samples, the owner of a stallion asked our lab to perform a DNA test on a positive doping urine sample. The objective was to compare the urine DNA profile versus blood and hair DNA profiles from the same stallion. At first, 10 microsatellite markers were investigated to determine the horse identity. No results were obtained when horse specific markers were typed in the urine sample. In order to confirm the species origin of this sample we analyzed the mitochondrial cytochrome b gene. This analysis from blood and hair samples produced reproducible and clear PCR-RFLP patterns and DNA sequence match with those expected for horse, while the urine sample results were coincident with human. These results allowed us to exclude the urine sample from the questioned stallion and determine its human species origin, confirming the manipulation of urine sample.     

Human trafficking and criminal proceedings in Portugal: discourses of professionals in the justice system

Since the adoption of the UN Trafficking Protocol in 2000, the predominant approach to combat human trafficking has been based on the criminalization of traffickers in conjunction with a concern for victims’ protection. However, few empirical studies considered the effectiveness of those measures, which makes it difficult to understand why criminal cases of human trafficking generally result in few convictions. In Portugal, recent legislative changes have made the legal framework on human trafficking more comprehensive, inclusive and convergent with European directives. The effects of the implementation of those legislative changes on investigation and prosecution are still overlooked. The present study analyses the discourses of justice system professionals that concern the investigation and prosecution of human trafficking. It examines and identifies the factors that, in their perspective, block the recognition of the typifying elements of the crime of human trafficking and create obstacles to the prosecution and conviction of those crimes. Our findings suggest that legislative advances recognized by the participants need to be accompanied by other changes, some of a more systemic nature and others that are more specific. An efficient criminal procedure should include better legal phrasing of the means of evidence of human trafficking that is supported by objective instruments for this to be considered valid; the centralization of proof that the testimony of the victim has to overcome; specialized professional training of an ongoing nature; an efficient cooperation between the various law enforcement agencies at the national and international levels, with public prosecution services and magistrates; a greater clarification of the condition of the special vulnerability of victims and an informed perspective regarding the global nature of the phenomenon of human trafficking, one that is also sensitive towards the victim (e.g., in relation to the victims’ vulnerability, illegal status, and their difficulties in terms of social and cultural integration).     

Foucault on “Avowal”: Theatres of Truth from Homer to Modern Psychology

FOUCAULT, MICHEL. 2014 . Wrong‐Doing, Truth‐Telling: The Function of Avowal in Justice . Ed. Fabienne Brion and Bernard Harcourt, trans. Stephen Sawyer. Chicago, IL: University of Chicago Press. Cloth $35.00, E‐book $7.00 to $30.00. The publication of a previously unknown set of lectures delivered by Foucault in 1981 at Louvain's criminology institute constitutes a major revelation for legal and criminological scholars (Wrong‐Doing, Truth‐Telling: The Function of Avowal in Justice, 2014). The lecture material includes an extended discussion of the techniques used by Oedipus to establish the truth of his familial crime, a reflection on the beginnings of the inquisitorial justice system (which Foucault here argues paved the way for the scientific revolution), and analyses of contemporary forensic confessions. Throughout these meticulously edited lectures, the scientific and philosophical “inquiries” that revolutionized modern European knowledges are shown to be rooted in embodied practices of confession and avowal that go back to ancient Greece.     

From persons and their acts to webs of relationships: some theoretical resources for environmental justice

Naming the “Anthropocene” as the spatiotemporality in which we live is a theoretical action that resonates with two separate traditions that can, for a limited purpose, be brought into relation with one another. The first is that identified with Foucault’s work, which is anti-humanist in a post-structuralist manner. The second is a set of ideas and resources for thought and action developed by indigenous peoples, namely “indigenous legal traditions”, which are anti-humanist in a different way. I argue here that since both of these intellectual traditions begin by de-centering the classic liberal subject, and even de-centering “man”, they have some affinities. In both perspectives, action is seen as a feature of webs of relationships, rather than as the willed acts of the classic European “person”. Thus, borrowing from both of these could help to elaborate a framework for thinking about responsibility, action, and governance that does not reproduce the very anthropocentrism that underpinned the destructive exploitation of the environment.