microRNA Detection in Blood,Urine, Semen,and Saliva Stains After Compromising Treatments

Evaluation of microRNA (miRNA) expression as a potential method for forensic body fluid identification has been the subject of investigation over the past several years. Because of their size and encapsulation within proteins and lipids, miRNAs are inherently less susceptible to degradation than other RNAs. In this work, blood, urine, semen, and saliva were exposed to environmental and chemical conditions mimicking sample compromise at the crime scene. For many treated samples, including 100% of blood samples, miRNAs remained detectable, comparable to the untreated control. Sample degradation varied by body fluid and treatment, with blood remarkably resistant, while semen and saliva are more susceptible to environmental insult. Body fluid identification using relative miRNA expression of blood and semen of the exposed samples was 100% and 94%, respectively. Given the overall robust results herein, the case is strengthened for the use of miRNAs as a molecular method for body fluid identification.     

Arbitration Effect

Arbitration is changing the United States justice system. Critics argue that arbitration leads to claim suppression. Proponents argue that, compared with courts, arbitration is cheaper and less formal. These claims have not been empirically tested. In particular, whether and how arbitration impacts individuals’ decision to sue remains an open inquiry. This article for the first time shows, in a series of experiments, the impact of arbitration agreements on individuals' decisions to sue. This article calls it the “arbitration effect.” First, we test whether the arbitration effect exists; that is, if arbitration agreements negatively impact individuals' decision to sue. Second, we experimentally test individuals' decisions to opt out of arbitration agreements. Lastly, we assess whether any type of information can “cure” the arbitration effect. The results establish that individuals are less likely to sue in arbitration as opposed to court, hence the arbitration effect. Such an effect, however, does not exist at the contracting stage, meaning that individuals do not shun arbitration when given the option. Further, none of the fundamental attributes of arbitration, as touted by the U.S. Supreme Court, nor win-rates and class actions mitigate the arbitration effect. Equally, informational nudges do not reduce the effect, and individuals do not ascribe negative attributes to firms forcing mandatory arbitration. For decades, courts and lawmakers grappled with issues related to arbitration. The article provides much-needed data on arbitration. Findings cast serious doubts on the ongoing efforts—market-based, judicial, or regulatory—aiming to change the arbitration course.     

The Court's Role in Promoting Comprehensive Justice for Pregnant Drug and Alcohol Users

Drug use during pregnancy is an important social and medical issue. Legislatures and courts have offered a variety of responses, ranging from imprisonment to comprehensive service programs that are rehabilitative in nature. This article discusses the prevalence and effects of prenatal drug use, followed by a presentation of the scope of legal responses and treatment options. Some courts do not provide outreach services for drug‐offending mothers, while others may offer a limited range of services. In contrast, a comprehensive justice approach would provide a wide range of health, employment, and social programs for the offender. This approach is based on philosophies of restorative justice, therapeutic jurisprudence, and procedural justice. Such a theory‐based comprehensive justice program ultimately benefits mothers, children, and the community. Considerations are offered for judges who seek to implement a comprehensive justice approach to address this important problem.     

SHOULD JUDGES CLOSE THE GATE ON PAS AND PA?

Parental Alienation Syndrome and Parental Alienation are evolving clinical concepts. They are controversial. Their limits, the limits of the legal system, and recent developments in the use and admissibility of expert evidence call into question the appropriateness of their use within the trial process.     

Predictive Efficacy and the Preventive Detention of Dangerous Sexual Offenders: Contributions from Nonlinear Dynamical Systems Theory

Behavioral scientists are regularly summoned by the legal system to make predictions about the likelihood of future dangerous behavior (i.e., violence prediction/risk assessment). In recent years, such efforts have been subjected to considerable scrutiny as, despite the evolution of risk assessment instruments, social scientists have yet to demonstrate the ability to predict violence with a reasonable degree of accuracy. Yet concerns with predictive efficacy may be rooted in the limitations of prediction itself. Nonlinear dynamical systems theory (i.e., chaos theory) and quantum physics jointly paint a picture of human behavior as fundamentally unpredictable; in their light, we are asked to question whether future violence can ever be predicted with a tolerable level of error. In this article, I provisionally explore this very issue, particularly as it appears in the context of decisions concerning the disposition of criminal sexual offenders.     

Ethics and Foreign Policy: the Antinomies of New Labour's 'Third Way' in Sub-Saharan Africa

This article explores how New Labour has attempted to implement its ideas about a 'third way' foreign policy in sub-Saharan Africa. Through an examination of British foreign policy practices, we explore whether New Labour has succeeded in finding a 'third way' between traditional views of socialism and capitalism in Africa. In particular, the article focuses on New Labour's attempts to build peace, prosperity and democracy on the African continent. We conclude that although New Labour's claims to add an 'ethical dimension' to foreign policy have succeeded in giving Britain a higher profile in the international arena, the implementation of such a policy is intrinsically difficult. These difficulties in turn arise from the antinomies embodied in New Labour's policy, or more specifically from the tension between the liberal internationalism of the third way and traditional concerns for the national interest, as well as the contradictions inherent in a commitment to both political and economic liberalism.     

Dodging Dodd‐Frank: Excessive Speculation,Commodities Markets,and the Burden of Proof

Inspired by the wave of regulatory rulemaking, which followed the 2008 financial crisis and the passage of the Dodd‐Frank Act, this article examines the efforts of the Commodities Futures Trading Commission to implement one such rule: Rule 76 FR 4752. Born of concerns with the impact of financial speculators on commodities prices, the rule calls for the expanded use of position limits to control “excessive speculation” in US commodities markets. In documenting the political and legal life of this rule from its roots in policy reports through to its suspension by a federal judge, the article explores the place of “evidence” in the rulemaking process. Particular attention is devoted to the growing evidentiary burden placed on financial regulators who are expected to frame market problems in terms of quantitative, price‐based forms of harm. In the case of position limits, this has involved statistical analyses of the causal connections between excessive speculation and commodities prices and the use of a single statistical test: Granger causality. By examining the parameters and limitations of this test, the article offers a valuable window into the unique challenges of financial regulation and their roots in questions of knowledge, evidence, and proof.     

Examining the Criminal History and Future Offending of Child Pornography Offenders: An Extended Prospective Follow-up Study

We examined police occurrence and criminal records data for a sample of 201 registered male child pornography offenders originally reported by Seto and Eke (Sex Abus J Res Treat 17:201–210, 2005), extending the average follow-up time for this sample to 5.9 years. In addition, we obtained the same data for another 340 offenders, increasing our full sample to 541 men, with a total average follow-up of 4.1 years. In the extended follow-up of the original sample, 34% of offenders had new charges for any type of reoffense, with 6% charged with a contact sexual offense against a child and an additional 3% charged with historical contact sex offenses (i.e., previously undetected offenses). For the full sample, there was a 32% any recidivism rate; 4% of offenders were charged with new contact sex offences, an additional 2% of offenders were charged with historical contact sex offenses and 7% of offenders were charged with a new child pornography offense. Predictors of new violent (including sexual contact) offending were prior offense history, including violent history, and younger offender age. Approximately a quarter of the sample was sanctioned for a failure on conditional release; in half of these failures, the offenders were in contact with children or used the internet, often to access pornography again.     

Latent fingermark visualisation using reduced-pressure sublimation of copper phthalocyanine

The sublimation of copper phthalocyanine (CuPc) at a temperature of 400°C under conditions of reduced pressure is shown to be an effective method of developing latent fingermarks on certain types of surface. Preliminary experiments on a limited selection of surfaces including paper, plastic and ceramic tiles were carried out using a simple apparatus consisting of a vacuum desiccator and a resistive heater. CuPc from the gas phase condenses preferentially on fingermark deposits, revealing deep blue patterns with excellent ridge detail clarity on light coloured surfaces. The technique is shown to be most effective on porous surfaces such as paper, but relatively ineffective on non-porous ceramic and plastic surfaces.