Economics of discriminatory sentencing

The legal and social professions have long been concerned with the problem of whether the fact that those incarcerated in prison tend to be drawn from the ranks of the poor unemployed and low social status is indicative of willful discrimination against the underprivileged. In this paper we apply the traditional analytical tools of economics to develop the conditions required for an efficient tradeoff between the probability of conviction and the length of prison sentence for both rich and poor. We show that the generally accepted approach of equal punishment for equal crimes tends to overdeter the rich and underdeter the poor, which results in a gross overrepresentation of the poor in the prison population. In order to eliminate this overrepresentation, the poor must receive a more severe sentence than the rich for an equivalent crime. This appears to contradict normal definitions of equity and we address this issue. We also show that an increase in the total crime budget when used efficiently must always result in longer sentences but can, under appropriate conditions, require a lower probability of apprehension.     

Trauma-Related Dissociation Is No Fantasy: Addressing the Errors of Omission and Commission in Merckelbach and Patihis (2018)

Dissociation is commonly a response to trauma that can be associated with significant impairment. In order to deal with dissociation in court from a comprehensive, scientifically informed, and valid perspective, Brand, Schielke, and Brams (Psychological Injury and Law, 10, 283-297, 2017a, b) provided a balanced view of dissociation, its characteristics, evidence base, and best assessment practices. Without an approach such as this, forensic experts risk having insufficient knowledge in its causation, phenomenology, and assessment and accordingly misunderstand trauma-related dissociation (TRD). Brand et al. (Psychological Injury and Law, 10, 283-297, 2017a, b) addressed this issue by providing an overview of TRD relevant to forensic contexts, acknowledging some of the erroneous and misinformed approaches to the topic. Merckelbach and Patihis (2018) offered a critique of Brand et al. (Psychological Injury and Law, 10, 283-297, 2017a, b) that illustrated this lack of knowledge and misunderstanding about TRD. Many of the statements made by these authors are conceptually inaccurate or scientifically misinformed. As we show, they were incorrect when they stated that research is lacking about the inter-rater reliability of dissociative disorder (DD) diagnoses. They were unaware of the error rates of tests and interviews among dissociative samples, which we present here. Merckelbach and Patihis challenged Brand et al., arguing their methods and literature review “lacked a connectivity to existing science” (p. 3), despite extensive citations of studies with DD patients. They argued that we failed to adequately consider malingering despite our discussions of empirically supported methods for assessing it. We show that Merckelbach and Patihis overlooked research that does not support their views. As we review their comments, we illustrate their pattern of misreading and misunderstanding our papers, as well as lapses in their reasoning. The current paper reinforces that in the forensic context, experts can acquire adequate understanding of TRD and its evidence base, and put forward arguments against any harsh critique of the area that is uninformed about, misunderstands, or includes omissions and errors in critical conceptualization, state-of-the-art assessment practices, and research methodology and results.     

Supreme Court, 12 November 1999, The United States of America v. Havenschap Delfzijl/Eemshaven,RvdW 1999, 172C,NIPR 2000, 40.

Netherlands International Law Review -     

Decolonising online development studies? Emancipatory aspirations and critical reflections – a case study

Academics in high-income countries are increasingly launching development studies programmes through online distance learning to engage practitioner-students in low-income countries. Are such initiatives providing opportunities to critically tackle social injustice, or merely ‘mirroring’ relations of global inequality and re-entrenching imperial practices? Building on recent scholarship addressing efforts to ‘decolonise development studies’ and the complex power dynamics they encounter, we reflect on this question by analysing experiences of faculty and students in a United Kingdom-based online development studies programme, focusing particularly on perspectives of development practitioner-students working from Africa. We discuss barriers to social inclusivity – including the politics of language – that shaped participation dynamics in the programme as well as debates regarding critical development course content, rethinking possibilities for bridging counter-hegemonic development scholarship with practice-oriented approaches in a range of social contexts. Our analysis unpacks key tensions in addressing intertwined institutional and pedagogic dilemmas for an agenda towards decolonising online development studies, positioning decolonisation as a necessarily unsettling and contested process that calls for greater self-reflexivity.     

Are there possibilities for the detection of chronically elevated alcohol consumption by hair analysis? A report about the state of investigation

The analysis of suitable ethanol markers in hair would be an advantageous tool for chronic alcohol abuse control because of the wide diagnostic window allowed by this specimen and the possibility of segmental investigation. Between the markers practically used or thoroughly investigated in blood or urine, ethylglucuronide, fatty acid ethylesters, phosphatidylethanol, acetaldehyde adducts to protein and 5-hydroxytryptophol can be regarded as possible candidates also in hair, but preliminary data were found in the literature only for ethylglucuronide and acetaldehyde modified proteins. By using headspace gas chromatography and headspace solid phase microextraction in combination with gas chromatography-mass spectrometry (SPME-GC/MS), in alkaline hydrolysates of hair it was possible to determine between 17 and 135 ng/mg of ethanol beside acetone and several other volatile compounds with slightly higher ethanol values for alcoholics than for social drinkers and teetotalers. A part of this is ethanol only absorbed in the hair matrix from the surrounding environment and consequently is not applicable as a diagnostic criterion. By extraction with aqueous buffer, methanol or a methanol/chloroform mixture and subsequent alkaline hydrolysis it was found that another part is generated from ethylesters, which are preferentially deposited in the lipid fraction of hair. In a specific search for ethylesters of 17 carboxylic acids by GC/MS-SIM in most cases ethyl 4-hydroxybenzoate (0.1 to 5.9 ng/mg, a preservative in hair cosmetics) and in four cases traces of indolylacetic acid ethylester were found. Furthermore, diethyl phthalate (a softening agent, present also in many cosmetic products) was identified in the hair of alcoholics as well as of children. As potential markers of alcohol intake, ethyl palmitate, ethyl stearate and ethyl oleate were detected in hair samples of alcoholics by headspace SPME-GC/MS of the chloroform/methanol extracts.