Death in custody: a historical analysis

This research delineates the historical evolution of death in custody. A retrospective, exploratory analysis of 145,425 cases from Maryland's Office of the Chief Medical Examiner, occurring from 1939 to 2004, was conducted. Two hundred and two custodial deaths were identified and subsequently examined relative to time, agency, decedent characteristics, and cause and manner of death. Results indicate that there have been substantive changes in custodial deaths over time. Cardiovascular disease was the most frequent cause of death from the 1930s to the 1970s, except for the 1940s, when syphilis and tuberculosis took precedence. Asphyxia, the predominant cause of death in the 1980s, reflected an increase in suicidal hangings. Emerging in the 1980s, drug intoxication deaths were prevalent in the 1990s and 2000s. Sudden unexplained deaths involving violent behavior, the use of multiple restraints, and drug intoxication were not identified until the 1980s, coinciding with periods of increased cocaine abuse nationally.     

Providing services to survivors of domestic violence: a comparison of rural and urban service provider perceptions

Although there is a considerable body of knowledge about domestic violence, a limited proportion focuses on domestic violence in rural settings. Using a nonprobability purposive sampling technique, 93 providers of domestic violence services from rural and urban localities in North Carolina and Virginia were located and asked to complete a self-administered survey soliciting provider perceptions about service consumers, the general public, themselves, and inter- and intra-agency issues. Significant differences were observed between rural and urban providers about service consumer needs and experiences, perceptions about the general public, area resource availability, agency funding, provider training, and worker safety. Implications of these differences are discussed.     

Human Dignity and Socio-Economic Rights

The South African Constitution numbers among a very few constitutions around the world which include justiciable socio-economic rights. One of the controversies surrounding judicial enforcement of such rights is the extent to which it is appropriate for courts to engage in policy choices in relation to the use of state resources in light of the doctrine of the separation of powers. The South African Constitutional Court has responded by developing an approach to adjudication of socio-economic rights in which the role of the court is to determine the reasonableness or otherwise of measures taken by the legislature and executive to implement such rights. However, the South African Constitution is also notable for its identification of human dignity as an underlying value and the explicit duty placed on the courts to interpret the rights protected under the Bill of Rights in conformity with this value. This article scrutinises the socio-economic rights jurisprudence of the South African Constitutional court in light of the Constitutional commitment to human dignity. It questions whether reasonableness review in socio-economic cases successfully balances human dignity with the appropriate degree of deference to the legislature and executive, in compliance with the doctrine of the separation of powers.     

An appraisal of Ireland’s current legislative proposals for regulating domestic surrogacy arrangements

This article critiques the complex hybrid model that has been proposed for regulating domestic surrogacy arrangements in Ireland, and the reasons why this model came about. It proposes an alternative model for regulating surrogacy, one that is in operation elsewhere and achieves a better balance between the rights of the surrogate, the intending parents and, most importantly, the surrogate-born child. The proposed establishment of the National Surrogacy Register, its interaction with the Register of Births and the issuing of ‘surrogacy certificates’ is also analysed, and a far less complex means of respecting the surrogate-born child’s right to knowledge of its identity is proposed. The article concludes that Ireland’s current legislative proposals for regulating surrogacy need to be substantially revised before ever being placed on the statute book. In their present form, they are so restrictive that, rather than facilitating domestic surrogacy arrangements, they are far more likely to discourage them.     

Histological correlates of post mortem mitochondrial DNA damage in degraded hair

We have assessed the histological preservation of naturally degraded human hair shafts, and then assayed each for levels of amplifiable mitochondrial DNA and damage-associated DNA miscoding lesions. The results indicate that as sample histology is altered (i.e. as hairs degrade) levels of amplifiable mitochondrial DNA decrease, but no correlation is seen between histology and absolute levels of mitochondrial DNA miscoding lesions. Nevertheless, amplifiable mitochondrial DNA could be recovered across the complete range of the histological preservation spectrum. However, when template copy number is taken into consideration, a correlation of miscoding lesions with histology is again apparent. These relationships indicate that a potential route for the generation of misleading mitochondrial sequence data exists in samples of poor histology. Therefore, we argue that in the absence of molecular cloning, the histological screening of hair may be necessary in order to confirm the reliability of mitochondrial DNA sequences amplified from hair, and thus represents a useful tool in forensic mitochondrial DNA analyses.     

Prospective Replication of the Violence Risk Appraisal Guide in Predicting Violent Recidivism Among Forensic Patients

An exhaustive survey of a cohort of forensic patients provided an opportunity for a prospective replication of the predictive accuracy of the Violence Risk Appraisal Guide (VRAG). Data collected during the original survey also permitted a test of the predictive accuracy of clinical assessments of risk on the same cohort. The VRAG yielded a large effect size in predicting violent recidivism (ROC area = .80) over a constant 5-year follow-up and performed significantly better than averaged clinical opinions. The superiority of the VRAG was also observed at very short follow-up times and for very serious violence. Moreover, for 16 subsamples, observed rates of violent recidivism did not differ significantly from the expected rates. VRAG score was unrelated, and clinical judgments inversely related to violent recidivism in the small low-risk sample of female forensic patients. The authors conclude that, regardless of length of opportunity or severity of outcome, actuarial methods are more accurate than is clinical judgment.     

A metallurgical review of the interpretation of bullet lead compositional analysis

Comparison of the minor and trace element compositions of bullet lead alloys has been used by some forensic examiners to make definitive positive associations between bullets or lead fragments at a crime scene and samples of bullets linked to a suspect(s). Such conclusions have been based on the elemental analysis of isolated groups of bullets with no consideration of the metallurgical processes involved in the production and refining of the bullet lead alloys. An understanding of the metallurgy of lead refining reveals that the elements quantified in the forensic analysis are carefully controlled in the refining process and that there are logical reasons why some elements are more discriminatory than others. Data for lead alloys supplied to two major ammunition manufacturers confirm that multiple indistinguishable shipments of lead alloys from secondary lead refiners to the ammunition manufacturers are made each year and over a period of many years. The data also demonstrate that distinguishable compositions can come from the same melt or "source" of lead alloy. These results clearly indicate that bullets with indistinguishable compositions could have come from different lead "sources" produced in the same or different years. Furthermore, the observation that two bullets have a distinguishable composition does not necessarily mean that they came from a different "source".Our results show that the forensic examiner using a method of bullet lead alloy elemental analysis, which quantifies up to six elements is restricted to concluding only that indistinguishable bullets might have come from the same "source," not that they did come from the same "source". In addition, it is quite possible that multiple bullets with similar but distinguishable compositions could have come from the same "source". The authors therefore feel that there is no scientific validity to any conclusions more positive than attributing the possible association as to molten source among bullets from different samples. An understanding of the metallurgical principles operative in the melting/casting process as well as the data acquired for this study, indicate that any forensic conclusions which associate unknown bullets with the "same source", and/or "same box" should fail most or all Daubert criteria.