The decision to provide discovery: an examination of policies and guilty pleas

Journal of Experimental Criminology - Prosecutors’ decisions to provide discovery can have vast implications for defendants. When prosecutors do not provide exculpatory information in the...     

From European Integration to European Integrity: Should European Law Speak with Just One Voice?

Abstract: This article examines whether and how the moral principle of legal coherence or integrity, which has recently been developed further as a response to disagreement in the national legal context, applies to European law. According to the European integrity principle, all national and European authorities should make sure their decisions cohere with the past decisions of other European and national authorities that create and implement the law of a complex but single European legal order. Only by doing so, it is argued, can the European political and legal community gain true authority and legitimacy in the eyes of the European citizens to whom all these decisions apply. Although European integrity is primarily a product of European integration, it has gradually become one of the requirements of further integration. The article suggests that the principle of European integrity would help dealing with the growing pressure for common European solutions under conditions of increasing diversity. It places disagreement at the centre of European politics, as both an incentive and a means of integration by way of comparison and self‐reflectivity. It constitutes therefore the ideal instrument for a pluralist and flexible further constitutionalisation of the European Union.     

Auricular surface aging: a blind test of the revised method on historic Italians from Sardinia

Age determination from human skeletal remains is an important biological parameter in both forensic and bioarchaeological contexts. This study presents the results of a blind test of the revised auricular surface age estimation method proposed by Buckberry and Chamberlain (Am. J. Phys. Anthropol. 119 (2002) 321-329) on a large sample (n=404) of known sex and age from the Sassari collection, housed at the Museum of Anthropology, University of Bologna, Italy. Ilia were scored for five features: transverse organization, surface texture, microporosity, macroporosity, and apical changes, which combined for a composite score. The results indicated that all features and the composite score were positively correlated with known age. Composite scores were significantly different between the sexes, suggesting that males and females should be treated separately. Bias and inaccuracy varied across age intervals. Age tended to be overestimated in individuals under age 59 and underestimated for those over age 60 years. However, the revised method showed improvement over the original auricular surface method (Lovejoy et al., Am. J. Phys. Anthropol. 68 (1985) 15-28), especially for aging older individuals. Considerable variation exists in the age ranges derived from composite scores and few significant differences were found between age stages, suggesting that fewer stages with wider age ranges may be necessary. The independent, quantitative scoring of the surface features makes the revised method substantially easier to apply and the method shows significant improvement for aging older individuals.     

An innovative transfer DNA experimental design and qPCR assay to identify primary,secondary, and tertiary DNA transfer

“Touch DNA” is a form of trace DNA that is presumed to be deposited when an individual touches something and leaves behind DNA-containing skin cells, sweat, or other fluids. While touch DNA is often the result of direct contact (i.e., primary transfer), it can also be indirectly transferred between surfaces or individuals (e.g., secondary or tertiary transfer). Even experts cannot distinguish between different types of transfer and do not fully understand which variables affect direct versus indirect transfer or how often each type of transfer occurs. In this study, we utilize an innovative protocol that combines a paired male and female transfer DNA experimental design with an Amelogenin qPCR assay to generate data on primary, secondary, and tertiary DNA transfer. We report frequencies of indirect DNA transfer and also investigate the potential effects of participant age, self-identified ethnicity, and skin conditions on DNA transfer. Out of 22 experimental trials, we detected primary transfer (male + female) in 71% of trials, secondary DNA transfer in 50% of trials, and tertiary DNA transfer in 27% of trials. No significant associations were found between primary DNA transfer and age, self-identified ancestry, or skin conditions, however, all individuals with sloughing skin conditions demonstrated primary DNA transfer and we suggest this variable be explored in larger samples. These results contribute to a better understanding of the conditions under which secondary and tertiary DNA transfer occurs and can be used to propose realistic DNA transfer scenarios in court cases.     

Using PMCT of Individuals of Known Age to Test the Suchey–Brooks Method of Aging in Victoria,Australia

The estimation of an individual's age at death plays a critical role in the investigation of unidentified human remains. The Suchey–Brooks method, which involves the analysis of degenerative morphological changes in the pubic symphysis, is currently widely used to estimate age in adults. This study tested the applicability of the Suchey–Brooks method on a contemporary adult Australian (Victorian) subpopulation by observing three‐dimensional volume‐rendered postmortem computed tomographic (PMCT) reconstructions of the pubic symphysis of 204 individuals aged 15–100 years. Results showed the method was reliable for females (85% correct allocations) but not for males (67% correct allocations). It is therefore recommended that extreme caution be used when applying the Suchey–Brooks method for estimating age at death of an individual in this subpopulation from PMCT images. The results suggest further investigation into alternate age estimation methods is required.     

New Approaches to Age Estimation Using Palatal Suture Fusion

Palatal suture fusion has seen little testing and/or application due in part to an inadequately described relationship to formal age ranges. This study presents a modified scoring method that examines fusion on samples of modern documented adult males and compares two Bayesian approaches to age estimation. In the first analysis, American and Portuguese collections were used to derive univariate and multivariate transition analysis (TA) parameters, which combined with an informative prior, estimated age in a sample of modern Americans and Portuguese. For the second analysis, a Bayesian multiple linear regression (BMLR) used indicator statuses as the independent variables with age as the dependent variable. Highest posterior density regions (HPDRs) and highest posterior density intervals (HDI) were calculated for a holdout sample. Final age estimates for the methods were tested for accuracy using cumulative binomial tests at 75% and 90% coverages. The HPDRs from multivariate TA captured age better for younger individuals, but consistently underaged. The cumulative binomial tests on the BMLR results indicated the prediction intervals performed as expected, and we show they are narrower (more precise) and/or more accurate than the corresponding HPDR. The modified method presented here formally links palatal suture obliteration to age using two different approaches, one of which (BMLR) is new to the aging literature. The BMLR provided results free from bias and more reasonable age ranges while maintaining accuracy. We present a look-up table and a free, simple R file for users to download and run their own estimates with BMLR.     

Improving court-appearance rates through court-date reminder phone calls

Without a defendant’s appearance in court, the adjudication of criminal charges cannot proceed. The low defendant court appearance rates of Lafayette Parish, Louisiana were identified as a high priority to address. A pilot project was implemented, in which, Lafayette Parish Sheriff’s Office (LPSO) Information Officers would call defendants approximately 5–9 days before their pretrial court appearance. This process began in September 2014. LPSO staff attempted to call all non-incarcerated or diverted defendants with known contact information. LPSO staff documented when calls were made and the type of response (spoke to defendant, left a voicemail, no answer, inoperable phone or spoke to friend or family member). Calls were made to defendants with court appearances in arraignment hearings, misdemeanor pretrial and trial, felony pretrial and traffic court. Court appearance rates for all court hearings increased from 48 to 62%.