The AFSP Standard - a lesson for law enforcement agencies

Compliance with the AFSP (Association of Forensic Science Providers) Standard [1] which concerns the formulation of an evaluative opinion requires consideration of the defence case. This can be problematic for forensic scientists working with or for law enforcement agencies. Among the aims of law enforcement agencies is to secure a conviction while in many jurisdictions the forensic scientist owes an overriding duty to the Court. This casework report demonstrates that early consideration of the defence case by a forensic scientist complying with the AFSP Standard may help rather than hinder the prosecution. The dichotomy as to a conflict of interest for the scientist between supporting the police/prosecutors and being scientifically objective is shown to be a false dichotomy. Compliance with the Standard ensures that science is a better servant of justice.     

Collecting and Analyzing DNA Evidence from Fingernails: A Comparative Study,,

Forensic practitioners and crime laboratories regularly collect and analyze fingernail evidence; however, the best techniques for processing such evidence have not been established. In this study, numerous aspects of fingernail evidence processing—collection of exogenous cells, transportation, purification of DNA, and STR analysis—were analyzed using fingernails harboring applied blood or epithelial cells from scratchings. Autosomal STR mixtures resulted when fingernails were soaked or swabbed, while scrapings rarely generated mixtures but exhibited allelic dropout. Y‐STRs yielded single source profiles, with scrapings again showing dropout. A silica‐based kit extraction recovered significantly more exogenous DNA than did organic extraction, neither of which was affected by nail polish. Swabbing nails in succession resulted in some cross‐contamination from exogenous material, while transporting nails together did not, although there was loss of exogenous cells. Optimized nail processing produced complete Y‐STR profiles of male volunteers from female fingernails following scratchings.     

Translational criminology and its importance in policing: a review

ABSTRACT

Translational criminology is a decision-making perspective that emphasizes the dynamic coproduction of evidence by researchers and practitioners, focusing on obstacles to and facilitators of evidence generation and utilization. It incorporates several other data-driven decision-making models, including evidence-based policy making. This review suggests that the availability of empirical research is no longer the most significant impediment to evidence-based policing. Rather, translating and implementing knowledge about ‘what works‘ in policing has arisen as the field’s primary barrier to securing the effectiveness and efficiency improvements of research and data utilization. This article orients readers to translational criminology’s various components and explores their applications. Focusing on four central considerations, this review explores the roles of researcher practitioner partnerships, policy, technology, and government in developing and sustaining translational efforts in policing. The review concludes by acknowledging challenges to fostering a translational perspective in policing, and offers examples of where it has been applied with success.     

Why Weren’t We Taught? Exploring Frontier Conflict Through the Lens of Anzac

This article examines public understandings of two key strands of Australian history that sit at opposite ends of a spectrum of remembrance: frontier conflict and Anzac. The former, W. E. H. Stanner argued in 1968, was subsumed in a vacuum of silence, lost to popular consciousness in a wilful act of forgetting. Despite a wealth of subsequent scholarship documenting the violence and dispossession that characterised European colonisation, considerable gaps in public awareness about these foundational events remain. Anzac, in contrast, has become a defining narrative of Australian history for large segments of the general population and the political class. Recent scholarship suggests that this prominence has served to mask other, important histories of the continent, including frontier conflict. In this article, we argue that this is neither a necessary nor essential binary, and further, that one can inform the other. The written reflections of 320 tertiary students enrolled in a course about Australian military history provide insights into the ways that frontier conflict is popularly understood and how the fascination with Anzac can be leveraged to raise awareness of the violent historical dimensions of colonisation.     

The Counterrevolutionary Campus: Herbert Marcuse and the Suppression of Student Protest Movements

Abstract

With the recent surge of college protests against various forms of economic, political, social, and racial injustice, there have been persistent and pernicious reactions from other students, administrators and public figures that function to undermine the emancipatory impulses animating these demonstrations. The reactions are often justified under the banners of tolerance, chastising students to listen instead of protest. This article, focusing on Marcuse’s concepts of repressive toleration and counterrevolution, evaluates the reactionary responses to these events, as well as the critical potential of this fledgling student sensibility, a burgeoning refusal represented by protest events at American universities. We maintain that many of the calls for tolerance are actually demands for silence and belong to a wider counterrevolutionary phase of late capitalism observed by Marcuse. Bedrock liberties are dialectically inverted whereby speech and toleration are repressively deployed against demands for justice. This article concludes by arguing that it is crucial to the success of this resurgent sensibility for justice—and progress toward a radical socialist movement that coincides with the emancipatory vision of Herbert Marcuse—that the counterrevolutionary character of the responses are demystified.     

Application of the Optimized Summed Scored Attributes Method to Sex Estimation in Asian Crania

The optimized summed scored attributes (OSSA) method was recently introduced and validated for nonmetric ancestry estimation between American Black and White individuals. The method proceeds by scoring, dichotomizing, and subsequently summing ordinal morphoscopic trait scores to maximize between‐group differences. This study tests the applicability of the OSSA method for sex estimation using five cranial traits given the methodological similarities between classifying sex and ancestry. A large sample of documented crania from Japan and Thailand (n = 744 males, 320 females) are used to develop a heuristically selected OSSA sectioning point of ≤1 separating males and females. This sectioning point is validated using a holdout sample of Japanese, Thai, and Filipino (n = 178 males, 82 females) individuals. The results indicate a general correct classification rate of 82% using all five traits, and 81% when excluding the mental eminence. Designating an OSSA score of 2 as indeterminate is recommended.     

The Origins of Trade Secrecy Law in England, 1600–1851

This paper examines the origins of trade secrecy law from the beginning of the seventeenth century until Morison v Moat (1851), described by the Oxford History of the Laws of England as ‘foundational’. The paper reveals something of a conundrum. The first part shows that although the prevalence of guild ordinances would have familiarized many with the concept of ‘lawful secrets’, these provisions could no longer be enforced in the guild courts by the late seventeenth century, or within the wider jurisdiction of the courts of the City of London. Instead, as the second half of the paper shows, it was the law courts proper that came to provide succour to those working trade secrets, allowing them to both restrain employees from using secrets for their own benefit and/or to sell secrets to other parties. This was a halting process, but one that had certainly begun prior to Morison.     

Iraq and the case for Australian war crimes trials

This article presents the case for Australian war crimes trials, following Australian participation in the invasion of Iraq and the subsequent deaths of as many as a million Iraqi civilians. It focuses on jus in bello (war crimes) rather than jus ad bellum (just war). The article sets out the argument and rationale that Australian war crimes trials are needed. Having established the necessity, the article identifies two of the principal alleged atrocities for which Australian officials should be held criminally accountable. It details Australian military support for the use of cluster bombs against civilians during the 2003 invasion, and senior Australian military commanders’ responsibility for planning and carrying out multiple purported war crimes during the attack on Fallujah in late 2004. The article recognises that, in order for Australian officials to be prosecuted under the International Criminal Court (ICC), all domestic remedies must be first exhausted. It therefore specifically addresses which Australian laws can be used, with particular emphasis on anti-terrorist legislation passed in 2002 under the Howard Government and the introduction into Australia’s domestic federal criminal legislation offences equivalent to the ICC Statute offences of genocide, crimes against humanity and war crimes. These provide the most applicable legal tools for prosecuting senior Australian officials for war crimes in Iraq.     

China and India’s participation in global climate negotiations

In this paper, we discuss a range of issues concerning developing country participation in current global climate change mitigation negotiations, especially India and China. We argue that the problem of redefining ‘common yet differentiated responsibilities’ in a way which allows developing countries room to pursue their individual development goals while still achieving the necessary level of carbon mitigation is central to the debate. The choice of negotiating instruments, effective technology transfer and financial support, and other related issues have been raised principally by China and India, and may also be raised by several other countries. Kyoto non-compliance by Annex 1 countries will also greatly impact the negotiating power of China and India and other developing countries. We conclude that, once basic principles are clearly defined, the greatest incentive for China and India to participate in climate change negotiations is the prospect of future negotiating rounds that can be linked to a large number of climate change related issues, such as intellectual property, the potential for financial transfers and trade/market access.