Diverting young offenders from crime in Ireland: the need for more checks and balances on the exercise of police discretion

The Irish police (the Garda Síochána) have been exercising their law enforcement discretion to pursue a diversionary strategy for young offenders since at least 1953. Working in a street environment of low visibility they have managed to expand their traditional law enforcement function into territory more appropriately reserved for courts, social workers and probation officers. This article charts the development of this expansion and examines its current manifestation in the juvenile diversion programme. It argues that the welfare benefits for the young offenders are being purchased at the cost of due process rights, and that there is a need for more custom built accountability checks and balances to strike a better balance in the programme.     

Investigation of hydrogen cyanide generation from the cyanoacrylate fuming process used for latent fingermark detection

Cyanoacrylate fuming is one of the most common techniques employed for the detection of latent fingermarks on non-porous surfaces such as plastic and glass. The technique is generally applied by exposing items of interest to the vapours generated by heating a suitable quantity of commercial cyanoacrylate adhesive. In this study, the potential for highly toxic hydrogen cyanide (HCN) to be generated from the overheating of cyanoacrylate was investigated. Two commercial cyanoacrylate adhesives and two quantitative methods for the determination of HCN were employed: (i) the sodium picrate method; and (ii) the picrate-resorcinol method. (13)C nuclear magnetic resonance (NMR) analysis was used to confirm the presence of cyanide. In addition, the thermal decomposition of cyanoacrylate was studied using simultaneous thermogravimetric and differential thermal analysis (TGA-DTA). It was determined that detectable and quantifiable amounts of HCN were generated from the thermal decomposition of cyanoacrylate monomer and polymer at temperatures as low as 200 °C. Using an optimised picrate-resorcinol method, it was shown that around 10 μg of HCN could be generated from the heating of 1g of cyanoacrylate monomer at 200 °C. For one of the adhesives tested, this increased to above 100 μg of HCN when 1g of cyanoacrylate monomer was heated at 280 °C. Recommendations are provided that, if followed, should ensure that the cyanoacrylate fuming process can be safely applied with minimal risk to the operator.     

Fingermark detection on non-porous and semi-porous surfaces using NaYF4:Er,Yb up-converter particles

This article describes the first use of an anti-Stokes material, or up-converter, for the development of latent fingermarks on a range of non-porous surfaces. Anti-Stokes materials can absorb long-wavelength light and emit light at a shorter wavelength. This property is unusual in both natural and artificial materials and so fingermark detection techniques based on anti-Stokes luminescence are potentially sensitive and selective. Latent fingermarks on luminescent and non-luminescent substrates, including Australian polymer banknotes (a well-known 'difficult' surface), were developed with sodium yttrium tetrafluoride doped with erbium and ytterbium (NaYF(4):Er,Yb) by dry powder, wet powder, and cyanoacrylate staining techniques. This study illustrates the potential of up-converter phosphors for the detection of latent fingermarks.     

Sowing seeds of change for the digital world – A response to ‘Digital opportunity: A review of intellectual property and growth’

Professor Ian Hargreaves released his independent report entitled Digital Opportunity – A Review of Intellectual Property and Growth on 18 May 2011. Hargreaves advocates strategic change and policy initiatives for the intellectual property framework in both national and international contexts. Ten recommendations are proposed, including reform of copyright licencing procedures, implementation of a digital copyright exchange, and legislative exceptions to copyright infringement, along with restructuring of systems for the grant and enforcement of patents. In this article, the authors discuss Hargreaves’ recommendations and consider how intellectual property law and policy may be used to facilitate innovation and economic growth in the modern digital world.     

Imaging electrostatic fingerprints with implications for a forensic timeline

The electrical charge deposited by contact electrification due to a finger touching a thin insulating surface is imaged using an electric field microscopy system. It is based on an ultrahigh impedance electric potential sensor used as a non-contact raster scanning probe to measure surface charge density with a spatial resolution of up to 5 μm. Preliminary results are presented which yield two principle findings. First, they indicate that the spatial resolution of the fingerprint image is sufficient for identification purposes. Secondly, that the decay of the surface charge may be considered as a candidate method for the dating or sequencing of these electrical charge fingerprints. The decay of surface charge with time is well defined, largely material dependent, and may take many days. This intrinsic decay rate for the material may be quantified using the charge imaging system described in this paper and a known test charge. The measurement technique described is non-destructive, may be repeated without degradation of the sample, and does not preclude the subsequent use of other techniques such as DNA analysis or conventional latent fingerprint development.     

Chemical signature of ecstasy volatiles by comprehensive two-dimensional gas chromatography

A method for ecstasy volatiles 'signature' analysis based on two-dimensional gas chromatography separation and time-of-flight mass spectrometry detection (GC×GC-TOFMS) is presented. Organic impurity volatiles were extracted by head space solid phase microextraction (HS-SPME). The final column phase choice of the four different column combinations tested was a low-polarity 5% phenyl polysilphenylene-siloxane coupled with a polyethylene glycol phase, which best displayed the complex impurity profile. Second dimension ((2)D) retention time reproducibility was found to be about 1% RSD, and area reproducibility of SPME sampling was just over 5% RSD for compounds with S/N ratio of about 100. High similarity of TOFMS spectra of impurities was obtained against commercial MS libraries. 16 components from the two-dimensional profiles were selected for comparison of the 24 ecstasy tablets, most of which proved to be benzodioxole derived compounds. All tablets were correctly classified in eight groups according to their post-tabletting characteristics, when appropriate data pre-treatment was applied. Principal component analysis revealed clustering of samples according to the country of origin. Samples from Macedonia were elevated in N-formyl-MDMA and N-acetyl-MDMA while samples from Australia were elevated in 3,4-methylenedioxypropane and 3,4-methylenedioxyacetophenone. Furthermore, three components were found to be unique for one of the source countries. The additional separation of components on the (2)D column, increased response due to modulation, high acquisition rate with full mass spectra using TOFMS detection, and MS deconvolution extend the possibility of detecting additional markers and route-specific components, especially of low abundant, polar components.     

Styryl dye coated metal oxide powders for the detection of latent fingermarks on non-porous surfaces

Conventional fingermark powders rely on contrast induced by absorption/reflection (e.g. black powder) or luminescence in the visible region (e.g. Blitz Green(?)). In most cases, these powders provide sufficient contrast; however, in some circumstances surface characteristics can interfere with the visualisation of powdered fingermarks. Visualisation in the near infra-red (NIR) region, however, has been shown to eliminate interferences commonly encountered in the visible region. In this study, a mixture of rhodamine 6G and the NIR laser dye styryl 11 (STaR 11) was coated onto an aluminium oxide nanopowder and then mixed with silver magnetic powder to develop and visualise fingermarks in the NIR. When compared to Blitz Green(?), it was determined that the STaR 11 magnetic powder was better suited for marks deposited on textured surfaces and for older marks, whereas Blitz Green(?) performed better on smooth glossy surfaces. The ability of the STaR 11 mixed dye formulation to be visualised in both the visible and NIR regions also provides a significant advantage over conventional luminescent fingermark powders.     

The self-regulation model of sexual offending: Relationship to risk and need

In the present study, we evaluated the validity and utility of the self-regulation model in a sample of 275 adult male sexual offenders treated within the Correctional Service of Canada (CSC). Individuals following different self-regulation pathways, as delineated in the SRM, were compared on offence characteristics, static and dynamic risk measures, and various treatment targets. Multivariate analyses revealed that, in general, offenders guided by approach-motivated goals exhibited more problematic offence characteristics as well as greater risk and treatment need than individuals guided by inhibitory goals. However, several other important distinctions were noted across offenders with different goals and strategies toward offending. These findings highlight the main importance of utilizing a comprehensive and multidimensional offence process model that emphasizes multiple routes to offending in sexual offender treatment. Implications of these findings for the effective assessment and rehabilitation of sexual offenders are discussed.     

Are the major risk/need factors predictive of both female and male reoffending?: a test with the eight domains of the level of service/case management inventory

The Level of Service/Case Management Inventory (LS/CMI) and the Youth version (YLS/CMI) generate an assessment of risk/need across eight domains that are considered to be relevant for girls and boys and for women and men. Aggregated across five data sets, the predictive validity of each of the eight domains was gender-neutral. The composite total score (LS/CMI total risk/need) was strongly associated with the recidivism of males (mean r = .39, mean AUC = .746) and very strongly associated with the recidivism of females (mean r = .53, mean AUC = .827). The enhanced validity of LS total risk/need with females was traced to the exceptional validity of Substance Abuse with females. The intra-data set conclusions survived the introduction of two very large samples composed of female offenders exclusively. Finally, the mean incremental contributions of gender and the gender-by-risk level interactions in the prediction of criminal recidivism were minimal compared to the relatively strong validity of the LS/CMI risk level. Although the variance explained by gender was minimal and although high-risk cases were high-risk cases regardless of gender, the recidivism rates of lower risk females were lower than the recidivism rates of lower risk males, suggesting possible implications for test interpretation and policy.