Sowing seeds of change for the digital world – A response to ‘Digital opportunity: A review of intellectual property and growth’

Professor Ian Hargreaves released his independent report entitled Digital Opportunity – A Review of Intellectual Property and Growth on 18 May 2011. Hargreaves advocates strategic change and policy initiatives for the intellectual property framework in both national and international contexts. Ten recommendations are proposed, including reform of copyright licencing procedures, implementation of a digital copyright exchange, and legislative exceptions to copyright infringement, along with restructuring of systems for the grant and enforcement of patents. In this article, the authors discuss Hargreaves’ recommendations and consider how intellectual property law and policy may be used to facilitate innovation and economic growth in the modern digital world.     

Does prison strain lead to prison misbehavior? An application of general strain theory to inmate misconduct

Purpose

This paper applies macro-micro General Strain Theory (GST) to predict prisoner misconduct. It is hypothesized that prison-based strain will adversely affect inmates and increase their misconduct.

Methods

Data from a large southern state are used to examine how environmental strain measured at the prison level influence inmates’ violent misconduct. Analyses will include a group-based trajectory model on monthly counts of violent misconduct for the first three years of incarceration and assess whether the strain of the environment (using a latent measure of prison deprivation as a proxy for environmental strain) distinguishes between trajectories. The analysis will employ finite multilevel mixture modeling with environmental strain as both a within- and between-class predictor, but at the prison level.

Results

Findings suggest that prison strain is positively associated with prison misconduct; however, the magnitude of the effect varies across distinct inmate trajectories.

Conclusions

Theoretical and practical implications are highlighted as are directions for future research.     

EU Constitutionalism in Flux: Is the Eurozone Crisis Precipitating Centralisation or Diffusion?

The Lisbon Treaty was supposed to mark the end of an almost‐decade‐long period of treaty reform. After the tumult of the failed Constitutional Treaty, the settlement it imposed struck a sustainable balance between the competing forces of centralisation and the diffusion that characterise European integration. Yet this constitutional settlement is now threatened by the Eurozone debt crisis and official responses to it, most notably the proposed fiscal compact. A prevalent view regards the crisis as an opportunity to complete the process of political and economic union that the Maastricht Treaty began. However, this article cautions against such a view, which would jettison the post‐Lisbon Treaty constitutional settlement in favour a peculiar kind of German‐led, intergovernmental centralisation. Whether the crisis response measures achieve their stated aims remains to be seen, but the integration project will be reconfigured in the process. Thus, EU constitutionalism is bound to remain in a state of flux.     

Public support for vigilantism: an experimental study

Objectives

To empirically examine the absolute and relative impact of situational characteristics and confidence in the criminal justice system on public support for vigilantism.

Methods

In an experimental study with a between-subjects design, members of a Dutch household panel (n = 1,930) responded to vignettes about vigilantism that were varied across two experimental factors: (1) type of precipitating crime and (2) type of formal sentence for the precipitating offender. In the measurement of support, we distinguished between outrage at vigilantism, empathy with the vigilante, and desired punishment for the vigilante. Confidence was assessed 1?month later.

Results

Our findings show that situational characteristics have a substantial and independent influence on support for vigilantism, in addition to the role of confidence. This means that when citizens express support for those who take the law into their own hands, this is not necessarily rooted in a lack of confidence in the criminal justice system. Furthermore, all three measures of support were affected more by the situational characteristics than by confidence.

Conclusions

Citizens are nuanced in their judgment of vigilantism and sensitive to contextual information, which is in line with other recent findings regarding public punitiveness. Future studies should assess whether the findings can be generalized to other settings where citizens cannot rely (as much) on the state to deal with crime.     

Validation of Half‐Reaction Amplification Using Promega PowerPlex® 16*

Abstract: DNA amplification is a fundamental yet costly process used in DNA analysis. This study evaluated half‐reaction amplification (12.5, 12, and 13 uL) using the Promega Powerplex^® 16 Kit with the hope of reducing sample analysis costs by half. A sensitivity study was completed, along with the testing of various blood stain samples including those with low (<0.40 ng) and high DNA concentrations (>3.0 ng), peak height imbalances, and allelic drop‐out. Also, 467 samples submitted to the MUFSC laboratory for testing were analyzed. Results indicate that half‐reaction amplification produced higher quality profiles than full‐reactions. Average peak heights increased by 85%, peak height imbalances improved, and drop‐out was eliminated in 75.8% of samples. Only eight of 467 case samples required re‐amplification, a success rate of 94% was observed, and the repeat rate decreased significantly. Finally, a DNA input of 0.25–1.0 ng is ideal for half‐reaction amplification.     

Anticipated shaming and criminal offending

Criminological research suggests that informal sanctions like shaming may have a stronger influence on crime than do formal sanctions, but research has yet to examine whether anticipated shaming may mediate the relationship between crime and variables derived from dominant micro-level theories. The present paper argues that variables derived from learning, control, strain, and deterrence theories influence criminal offending via their effect on anticipated shaming. Using data collected from a sample of young adults, results from both tobit and path analyses suggest that the prospect of shaming among friends and family bears a stronger direct relation to criminal intent than do more commonly examined variables and that the effect of such variables on criminal intent is largely indirect, mediated by anticipated shaming. We therefore suggest that crime control efforts might benefit from incorporating a greater role for Braithwaite's conception of reintegrative shaming.     

Power Relations in Employment Disputes

This article reconceptualizes the operation of power relations in employment disputes. We draw on Foucault's theory of neo‐liberal governance to inform our analysis of empirical data exploring how low‐income workers make decisions about whether to engage with the Employment Tribunal system. Particular focus is placed on the ways the state governs employment disputes to achieve ideologically driven objectives. We conclude: first, that power relations in employment disputes operate across a range of institutions and individuals, and that the state's role is powerful and ongoing; secondly, that power relations operate to shape not just the objective context that workers find themselves in when experiencing an employment dispute but also workers' subjective moral codes about appropriate courses of action to take; and thirdly, that despite the powerful influence of the state, workers continue to hold non‐economic values that guide their perception of the appropriate basis for relations between employers and workers.     

15 years later: Post 9/11 support for increased security and criminalizing muslims

Islamophobia appears to be growing, becoming a mainstream ideology in the United States. Despite the current spike in anti-Islamic sentiment and fear of the Islamic “other,” these ideas are not new and can be traced back to the September 11, 2001, terrorist attacks. Using survey data collected only months after the attacks (N = 422), this study uses an integrated threat framework to examine predictors of public support for increased security in the United States. The results show that perceived personal threat and support for policies that criminalize Muslims predict support for security policies that compromise civil liberties. This is especially true among older individuals, conservatives, individuals less inclined towards individual freedom, and those living in the Northeast or in the South.     

Fatalities Due to Failure of Continuous Subcutaneous Insulin Infusion Devices: A Report of Six Cases

Diabetes mellitus type 1 and type 2 are diseases characterized by impaired regulation of blood glucose due to decreased insulin production and insulin resistance, respectively. Management of diabetes mellitus often requires injection of exogenous insulin. Continuous subcutaneous insulin infusion (CSII or insulin pump) is a diabetes treatment modality utilizing a device to aid in regulation of glycemic control. Malfunctions in device components can have rare fatal consequences. Described in this report are six fatalities due to one such malfunction, the failure of plastic cannulas of CSII devices to penetrate the skin and deliver insulin, resulting in fatal diabetic ketoacidosis (DKA). The cases derive from four different death investigation systems. For each case, scene and autopsy findings are presented, as well as selected toxicology and histology findings. These cases illustrate the importance of careful examination of CSII devices in death investigations and introduce a discussion on discrepant manner of death classifications.     

Forensic Inspection of Sensitive User Data and Artifacts from Smartwatch Wearable Devices

Wearable devices allow users the ability to leave mobile phones behind while remaining connected to the digital world; however, this creates challenges in the examination, acquisition, identification, and analysis of probative data. This preliminary research aims to provide an enhanced understanding of where sensitive user data and forensic artifacts are stored on smartwatch wearable devices, both through utilization as a connected and standalone device. It also provides a methodology for the forensically sound acquisition of data from a standalone smartwatch wearable device. The results identify significant amounts of data on the Samsung^? Gear S3 Frontier, greater than that stored on the companion mobile phone. An Apple Watch^® Series 3 manual examination method which produces native screenshots was identified; however, the companion mobile phone was found to store the greatest amount of data. As a result of this research, a data extraction tool for the Samsung^? Gear S3 Frontier was created.