Relationship between blood and urine alcohol concentrations in apprehended drivers who claimed consumption of alcohol after driving with and without supporting evidence

For various reasons, many people suspected of driving under the influence of alcohol (DUIA) are not apprehended sitting behind the wheel, but some time after the driving. This gives them the opportunity to claim they drank alcohol after the time of driving or after they were involved in a road-traffic crash. Alleged post-offence drinking is not easy for the prosecution to disprove, which often means that the DUIA charge is dropped or the person is acquitted if the case goes to trial. The routine practice of sampling and measuring the concentration of alcohol in blood (BAC) and urine (UAC) and calculating urine/blood ratios (UAC/BAC) and the changes in UAC between two successive voids furnishes useful information to support or challenge alleged drinking after driving. We present here a retrospective case series of DUIA offenders (N = 40) in half of which there was supporting evidence of an after-drink (eye witness or police reports) and in the other half no such evidence existed apart from the suspect's admission. When there was supporting evidence of an after-drink, the UAC/BAC ratio for the first void was close to or less than unity (mean 1.04, median 1.08, range 0.54–1.21) and the UAC increased by 0.21 g/L (range 0.02–0.57) between the two voids. Without any supporting evidence of post-offence drinking the mean UAC/BAC ratio was 1.46 (range 1.35–1.93) for the first void, verifying that absorption and distribution of alcohol in all body fluids and tissues was complete. In these cases, the UAC between successive voids decreased by 0.25 g/L on average (range 0.10–0.49), indicating the post-absorptive phase of the BAC curve. Long experience from investigating claims of post-offence drinking leads us to conclude that in the vast majority of cases this lacks any substance and is simply a last resort by DUIA offenders to evade justice. Unless supporting evidence exists (eye witness, police reports, etc.) of post-offence drinking the courts are encouraged to ignore this defence argument.     

Detection and Identification of Explosive Particles in Fingerprints Using Attenuated Total Reflection-Fourier Transform Infrared Spectromicroscopy

Abstract:  The application of attenuated total reflection (ATR)-Fourier transform infrared (FTIR) spectromicroscopy for detection of explosive particles in fingerprints is described. The combined functions of ATR-FTIR spectromicroscopy are visual searching of particles in fingerprints and measuring the FTIR spectra of the particles. These functions make it possible to directly identify whether a suspect has handled explosives from the fingerprints alone. Particles in explosive contaminated fingerprints are either ingredients of the explosives, finger residues, or other foreign materials. These cannot normally be discriminated by their morphology alone. ATR-FTIR spectra can provide both particle morphology and composition. Fingerprints analyzed by ATR-FTIR can be used for further analysis and identification because of its non-destructive character. Fingerprints contaminated with three different types of explosives, or potential explosives, have been analyzed herein. An infrared spectral library was searched in order to identify the explosive residues. The acquired spectra are compared to those of finger residue alone, in order to differentiate such residue from explosive residue.     

Environmental Policy As Learning: A New View of an Old Landscape

Environmental policy in the United States has always been characterized by high levels of political conflict. At the same time, however, policy makers have shown a capacity to learn from their own and others' experience. This article examines U.S. environmental policy since 1970 as a learning process and, more specifically, as an effort to develop three kinds of capacities for policy learning. The first decade and a half may be seen in terms of technical learning, characterized by a high degree of technical and legal proficiency, but also narrow problem definitions, institutional fragmentation, and adversarial relations among actors. In the 1980s, growing recognition of deficiencies in technical learning led to a search for new goals, strategies, and policy instruments, in what may be termed conceptual learning . By the early 1990s, policy makers also recognized a need for a new set of capacities at social learning, reflecting trends in European environmental policy, international interest in the concept of sustainability, and dissatisfaction with the U.S. experience. Social learning stresses communication and interaction among actors. Most industrial nations, including the United States, are working to develop and integrate capacities for all three kinds of learning. Efforts to integrate capacities for conceptual and social learning in the United States have had mixed success, however, because the institutional and legal framework for environmental policy still is founded on technical learning.     

Child abuse potential and parenting stress within maltreating families

This study examined the relationship between child abuse potential and parenting stress in mothers and fathers receiving services for child maltreatment. Significant differences were found between perpetrating and nonperpetrating parents. Nonperpetrating parents reported more problems with family, greater total parenting stress and child-related stress, and greater stress from child demandingness, adaptability, acceptability, and distractibility. No significant gender differences in child abuse potential and parenting stress were found. Aspects of parent related stress moderated the relationship between child related stress and abuse potential. Perceived stress from parenting sense of competence was isolated as a variable that significantly increased abuse potential at medium and high levels of child-related stress.     

Improving Judicial Controls over the Pretrial Development of Civil Actions: Model Rules for Case Management and Sanctions

This article follows two earlier pieces in which the author reported the findings of a pilot empirical exploration of how well the discovery system in civil litigation is functioning. Brazil begins by focusing on the principal problems his field studies exposed and by suggesting a theory of discovery reform which responds to the nature and sources of those problems. His principal thesis is that too often neither judges nor attorneys assume sufficient responsibility for the discovery system as a system. Most of this article is devoted to two major proposals that are designed to promote in the judiciary and in counsel a sense of responsibility for the pretrial system and to equip the judiciary to convert that sense into action. Brazil proposes a comprehensive model rule that courts could use to manage the pretrial development of civil actions. He then uses his model as a background for suggesting modifications to and extensions of the proposed revision of Rule 16 that the Advisory Committee on Civil Rules has circulated for comment. He also offers a critique of current provisions for sanctions and advances an alternative sanctions rule that acknowledges a right to compensation for damages caused by an opponent's breach of pretrial obligations and that reduces the scope of judicial discretion to refuse to impose compensatory awards.     

National health insurance: Some lessons from the Canadian experience

In the current American debate over national health insurance an examination of the Canadian governmental experience is very instructive. Canada is enough like the United States to make the effects of Canadian health insurance policies rather like a large natural experiment. The Canadian experience—universal government health insurance administered by the ten provinces with some fiscal and policy variations—can be used to predict the impact in the United States of proposed national health insurance plans on the medical care system, and the reaction of mass publics and national policymakers to these effects.The central purpose of the Canadian national health insurance was to reduce and hopefully eliminate financial barriers to medical care. In this it succeeded. But it also produced results which Canadian policymakers never anticipated: essentially unexpected side-effects on cost, quality, organization, and manpower distribution of the particular national health insurance program adopted. It should be cause for concern, the article concludes, that most of the prominent American national health insurance proposals resemble the Canadian program in failing to provide a single level of government with both the means and incentives to curb the inflationary effects of national health insurance. The lesson from Canada is that unless the system has very strong anti-inflationary mechanisms and incentives built into it, national health insurance will feed the fires of medical inflation despite great formal governmental authority to control it.     

THE DETERMINATION OF ANTITRUST LIABILITY IN UNITED STATES v. MICROSOFT: THE EMPIRICAL EVIDENCE THE DEPARTMENT OF JUSTICE USED TO PROVE ITS CASE

This paper considers the empirical evidence used by the Departmentof Justice in the U.S. v. Microsoft antitrust case to provethat Microsoft engaged in exclusionary (and anticompetitive)actions in the browser market as part of its efforts to maintainits dominance of the personal computer operating system market.This evidence deserves special consideration because the DistrictCourt made the unusual decision to rely on the empirical evidencepresented by the Department of Justice rather than the empiricalevidence presented by Microsoft. This decision was unusual becauseMicrosoft's evidence had a strong presumption of validity asit was based on data that Microsoft collected and used in theordinary course of its business. Furthermore, no market participantsused the Department of Justice-sponsored data in any meaningfulway. Although it is impossible to determine with any certaintywhy the District Court ruled the way it did, I conclude thatthere were two driving forces in the court's decision. The Departmentof Justice identified serious flaws in Microsoft's data, makingit unreliable for the purposes for which Microsoft was usingit in the trial. The Department of Justice was also able toshow that no such flaws affected the data it sponsored and indeed,on many points, that data was more consistent with the testimonyof Microsoft executives than the data sponsored by Microsoft.