Wrongful convictions and claims of false or misleading forensic evidence

The results are reported of a study to examine case factors associated with 732 wrongful convictions classified by the National Registry of Exonerations as being associated with “False or Misleading Forensic Evidence.” A forensic error typology has been developed to provide a structure for the categorization and coding of factors relating to misstatements in forensic science reports; errors of individualization or classification; testimony errors; issues relating to trials and officers of the court; and evidence handling and reporting issues. This study, which included the analysis of 1391 forensic examinations, demonstrates that most errors related to forensic evidence are not identification or classification errors by forensic scientists. When such errors are made, they are frequently associated with incompetent or fraudulent examiners, disciplines with an inadequate scientific foundation, or organizational deficiencies in training, management, governance, or resources. More often, forensic reports or testimony miscommunicate results, do not conform to established standards, or fail to provide appropriate limiting information. Just as importantly, actors within the broader criminal justice system—but not under the purview of any forensic science organization—may contribute to errors that may be related to the forensic evidence. System issues include reliance on presumptive tests without confirmation by a forensic laboratory, use of independent experts outside the administrative control of public laboratories, inadequate defense, and suppression or misrepresentation of forensic evidence by investigators or prosecutors. In approximately half of wrongful convictions analyzed, improved technology, testimony standards, or practice standards may have prevented a wrongful conviction at the time of trial.     

Managing Politics? Ethics Regulation and Conflicting Conceptions of “Good Conduct”

Concern for fostering trust in public institutions has prompted many governments to invest in systems of ethics regulation, embracing various dimensions of good governance. This article assesses the impact of ethics regulation on the conduct of English local politicians using Foucauldian perspectives on government, power, and resistance. The research finds that ethics regulation encountered problems when politicians resisted the models of political identity and behavior that it was perceived to promote. Particular concentrations of misconduct complaints were identified in which politicians believed that changes to political management structures, designed to make local governance more effective, caused a loss of voice for elected representatives. Ethics regulation itself sometimes served as a device for controlling others and effecting resistance. The article concludes with reflections on how far we should expect political conduct to be managed by such regulatory practices.     

How the ‘entry’ defines the ‘exit’: contradictions between the political and military strategies adopted in 2001 and how they have deleteriously affected the longer-term possibilities for stabilisation in Afghanistan

Focusing on the period 2001–2003, the paper discusses how the Western military intervention in Afghanistan changed power structures early on, undermining the political settlement in the long term and culminating in the present electoral crisis. Key concepts, a theoretical framework and the initial military approach (including how the initial military strategy undermined an indigenous solution for toppling the Taliban) are outlined and literature focused on hybrid governance and ‘legitimacy’ as an important but overlooked facet of peace-building is presented. Examples of ‘lessons learned’ in relation to the failure to engage with traditional forms of governance–early on in the Afghan conflict—are set out. The objective is to show that the military strategy adopted in 2001–2002 had adverse long-term consequences that were hard to reverse later on (e.g. by shifting the goalposts of military activity to, for example, a counter-insurgency strategy from 2005 onwards). This paper does not aim to resolve these paradoxes in the Afghan context going forward but offers implicit recommendations based on ‘lessons learned’.     

Prior problem behavior accounts for the racial gap in school suspensions

Purpose

A large body of empirical research finds a significant racial gap in the use of exclusionary school discipline with black students punished at rates disproportionate to whites. Furthermore, no variable or set of variables have yet to account for this discrepancy, inviting speculation that this association is caused by racial bias or racial antipathy. We investigate this link and the possibility that differential behavior may play a role.

Methods

Using data from the Early Childhood Longitudinal Study, Kindergarten Class (ECLS-K), the largest sample of school-aged children in the United States, we first replicate the results of prior studies. We then estimate a second model controlling for prior problem behavior.

Results

Replicating prior studies, we first show a clear racial gap between black and white students in suspensions. However, in subsequent analyses the racial gap in suspensions was completely accounted for by a measure of the prior problem behavior of the student – a finding never before reported in the literature.

Conclusions

These findings highlight the importance of early problem behaviors and suggest that the use of suspensions by teachers and administrators may not have been as racially biased as some scholars have argued.     

The recovery of pollen evidence from documents and its forensic implications

Three experiments were undertaken to establish the potential for forensic palynological analysis in cases of suspected document fraud. The first study tested 6 different types of paper and 9 different types of ink (n = 54) and it was established that the best retainer of particulates (in this case a proxy was used in the form of UV powder) was medium biro ink and Wove and Connoisseur paper. It was found that for the different paper types 42–52% of the particulates collected were found in the ink and thus both the paper and the ink are potentially valuable sources of trace evidence in a forensic investigation. The second study sought to address the differences in the spatial distribution of particulates on documents when writing took place before or after the paper was treated with UV particulates. Ninety-six observations were made for each piece of paper tested and it was found that when the writing took place after the particulates were applied to the paper; more particulates were retained on the paper in contrast to when the writing took place before the particulate treatment. The spatial distribution of particulates was also affected, with particulates being retained in the folds of the paper when the writing took place before particulate treatment in contrast to a more erratic pattern that emerged due to the pressure of the hand of the writer when the writing took place after the particulate treatment. The third study utilised lily (Lilium) pollen grains and the findings broadly concurred with the second study. The main difference identified was when the writing took place before the particulates were applied; when UV powder was used the particulates were retained in the folds of the paper whereas this pattern was not seen to the same degree when pollen grains were used due to their ‘stickier’ nature. Envelopes and the pen nibs were also found to be rich sources of pollen grains after the experiments were undertaken.These studies have implications for the application of forensic palynology in cases of suspected document fraud. Pollen grains may well be present, and their analysis has the potential to reveal not only the timing of the generation of the document, but the spatial trends revealed indicate that it may well be possible to establish the sequence of significant events for forensic reconstruction. As such forensic palynology is demonstrated to have great potential in aiding forensic investigations, and is as yet an under-utilised form of trace evidence.     

Suspicion formation among police officers: an international literature review

Recent research on racial profiling has renewed attention on how police officers develop suspicions about citizens, and how these suspicions influence the official behavior of police. In order to guide the current research, a review of the wealth of existing qualitative and quantitative research on this topic is necessary. This literature review examines the existing international research in psychology, sociology, and criminology on police officer development of suspicion. It also lays out a framework for organizing the findings with four broad methods of suspicion development: stereotypical perceptions about typical criminal offenders, prior knowledge about specific citizens; incongruent circumstances, and suspicious nonverbal cues. It concludes with the few studies linking officer suspicions to official police behavior.     

Post-development,Foucault and the colonisation metaphor

Post-development, the most recent radical reaction to the problems of postwar development efforts, has been the focus of both strident criticism and restrained defence in Third World Quarterly . This article shows that addressing post-development's shortcomings is more useful than dismissing or limiting its potential. By using the work of Foucault, one of post-development's theoretical departure points, a clear distinction is drawn between the operation of power in colonial and development eras. This requires a shift away from repressive views of power, ideas that a singular force directs development, and the colonisation metaphor used by some post-development writers. This article then shows that combining Foucault's notion of dispositif with his concept of normalisation is useful for understanding the operation of power in the postwar development project, and for comprehending how power operates through the World Bank. In this way a critical engagement with post-development can improve our understanding and analysis of development.     

Evaluating participatory development: tyranny,power and (re)politicisation

Ever since participation entered mainstream development discourse, critics have attacked it as form of political control. If development is indeed an ‘anti‐politics machine’ ( Ferguson, 1994 Ferguson J (1994) The Anti‐politics Machine: ‘Development’, Depoliticization, and Bureaucratic Power in Lesotho (Minneapolis, MN: University of Minnesota Press)  [Google Scholar] ), the claim is that participation provides a remarkably efficient means of greasing its wheels. But do participatory practices and discourse necessarily represent the de‐politicisation of development? This paper aims to provide an answer in two distinct ways. First, it examines the ‘de‐politicisation’ critique, arguing that, while participation may indeed be a form of ‘subjection’, its consequences are not predetermined and its subjects are never completely controlled. Second, it investigates participatory development's ability to open up new spaces for political action, arguing that celebrations of ‘individual liberation’ and critiques of ‘subjection to the system’ both over‐simplify participation's power effects. To re‐politicise participation, empowerment must be re‐imagined as an open‐end and ongoing process of engagement with political struggles at a range of spatial scales.