The two conceptual dififculties of specialized evidence

I am distinctively honored to be asked to deliver this address. My admiration for many of the people in this room is overlfowing. Among the Chinese are those who are, literally, responsible for facilitating the long march of China to the rule of law.1 This is no easy task, given the insanity of the Anti-Rightist Movement and the Cultural Revolution that together destroyed any semblance of a rational legal system and as a by-product extirpated, again literally, legal knowledge from China; law schools were closed and books were burned. Over the last few years, I have also come to deeply admire the efforts of the Swiss forensic scientists to establish their various ifelds on sound conceptual and empirical foundations and who are struggling with the very topic of this address, the conceptual difficulties specialized evidence poses for the legal resolution of disputes. The European Network of Forensic Science Institutes' Guideline for Evaluative Reporting in Forensic Science is both a clear statement of these difficulties and offers very helpful recommendations that if implemented would ameliorate some of them.     

Global warming and state-corporate crime: the politicalization of global warming under the Bush administration

Global warming is one of the most significant and difficult issues facing the world today. As result, researchers in a number of disciplines have directed their attention to addressing issues relevant to the study of and responses to global warming. This has been less true in the social sciences, and especially within specific social sciences such as criminology, in comparison to the physical sciences. Global warming does, however, have criminological and sociological relevance on several levels. This article examines one of those levels by exploring the politicalization of global warming under the Bush Administration, and addresses this issue as an example of state-corporate crime.     

Revisiting the Thermal Development of Latent Fingerprints on Porous Surfaces: New Aspects and Refinements*

Abstract: Although the ability to develop latent fingerprints on paper using heat alone has been noted previously, it has been considered impractical for casework and inferior to other techniques. Here a new refinement of the technique is demonstrated for the high quality development of latent fingerprints on porous surfaces such as paper. Fingerprints deposited on various papers were developed by exposing them to hot air with a temperature in the vicinity of 300°C, for periods of c. 10–20 sec. Several different heating methods were tested. The novel observation was made that after shorter heating times, fluorescent prints could be observed. These became visible after longer heating times, as noted by earlier workers, but with greatly improved contrast compared with their results. Prints from various donors (and aged prints) were developed with excellent ridge contrast. Direct heating methods (such as with a hot plate or press) produced inferior results. The refined technique, which is simple, safe and inexpensive compared with conventional methods, has great potential for use in forensic laboratories.     

Outsmarting the Liars: The Benefit of Asking Unanticipated Questions

We hypothesised that the responses of pairs of liars would correspond less with each other than would responses of pairs of truth tellers, but only when the responses are given to unanticipated questions. Liars and truth tellers were interviewed individually about having had lunch together in a restaurant. The interviewer asked typical opening questions which we expected the liars to anticipate, followed by questions about spatial and/or temporal information which we expected suspects not to anticipate, and also a request to draw the layout of the restaurant. The results supported the hypothesis, and based on correspondence in responses to the unanticipated questions, up to 80% of liars and truth tellers could be correctly classified, particularly when assessing drawings.

Protecting Eyewitness Evidence: Examining the Efficacy of a Self-Administered Interview Tool

Given the crucial role of eyewitness evidence, statements should be obtained as soon as possible after an incident. This is not always achieved due to demands on police resources. Two studies trace the development of a new tool, the Self-Administered Interview (SAI), designed to elicit a comprehensive initial statement. In Study 1, SAI participants reported more correct details than participants who provided a free recall account, and performed at the same level as participants given a Cognitive Interview. In Study 2, participants viewed a simulated crime and half recorded their statement using the SAI. After a delay of 1 week, all participants completed a free recall test. SAI participants recalled more correct details in the delayed recall task than control participants.     

That Was Then, This Is Now, What About Tomorrow? Future Directions in State Crime Studies

Research and theorizing on state crime has come to play an important role in the fields of criminology and criminal justice for understanding the worst of crimes: those of powerful state agencies and agents. Since William Chambliss’ (1989) ASC presidential address, scholars of state crime have made advances in theoretical modeling and analyzing core enactment and etiological factors of crimes of the state (e.g., Barak 1991; Friedrichs 1998; Grabosky 1989; Kauzlarich and Kramer 1998; Kramer and Michalowski 2005; Kramer et al. 2005; Michalowski and Kramer 2006; Mullins and Rothe 2008a, b; Pearce 1976; Ross 1995, 2000; Rothe 2009; Rothe and Mullins 2006, 2008). Nonetheless, the study of state crime still has a long way to go before it ever reaches the magnitude or legitimacy afforded to the study of traditional street crime. It is with this in mind that several leading scholars of state criminality have come together and reevaluated the state of state crime and the ways in which the field must move forward. This kind of inventory, where scholars examine the past, present and future of the field, is not without precedent. For example, almost a decade ago (Ross et al. 1999) explored the difficulty of conducting state crime research and made a series of recommendations on how it could be improved. Nearly 7 years later (Rothe and Friedrichs 2006) re-evaluated the state of state crime and called for more attention to those beyond US crimes of the state and include crimes of globalization and also international controls such as the International Criminal Court (Friedrichs and Friedrichs 2007; Rothe and Mullins 2006; Rothe et al. 2006, 2008). Since that time, there has been substantial movement by scholars of state crime in these other areas, yet, as we note, there still remains key issues that need to be addressed and overcome: it is with this that we again revisit the field of state crime. We wish to thank all of those that contributed to our discussions and thoughts during the American Society of Criminology Roundtable on State Crime I and II, November 2007.

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Gangs and public policy

Research Summary Attention to gang issues has dramatically increased in the last several decades, both in the scholarly literature and in law enforcement. Despite widespread attention to the gang problem, researchers, police officers, and lawmakers have yet to agree on definitions used to characterize and understand the problem. This article summarizes the existing literature concerning the importance of accurately defining and classifying gang members, documents and analyzes state and federal gang legislation in the United States, and provides a detailed analysis of one state's system that might serve as a useful model for other states. Policy Implications Serious risks to public safety and civil liberties are associated with Type 1 and Type 2 classification errors regarding gang membership. The wide variation in state statutory definitions of “gang member” and in the construction and administration of gang databases presents major challenges for policymakers and academic researchers. This article addresses these challenges and argues that a more rigorous and unified system, based on one state's existing model, might be possible and could offer significant advantages in our efforts to address the delinquent and criminal behavior of gangs throughout the United States.     

Myths and Mild Traumatic Brain Injury

Despite the fact that patients with mild traumatic brain injuries (TBI) are commonly encountered in clinical practice, there are numerous myths surrounding their diagnosis, assessment, and outcome. The purpose of this paper is to review some of the more common myths related to mild TBI including: (a) there is no Miserable Minority; (b) meta-analytic studies have proven that patients with mild TBI do not experience persistent deficits; (c) personality tests can reliably capture psychological problems in patients with a mild TBI; (d) findings from the sports concussion literature can be directly applied to clinical patients; and (e) in the absence of loss of consciousness, the diagnosis of a mild TBI is uncertain.