Be Yourself! How Am I Not myself?

Maslow’s hierarchy of human needs is mostly animalistic; only self-actualization is uniquely human. Yet even this token of “human exceptionalism” is hampered by subscribing to essentialist, rather than existentialist, authenticity. If the former is just about recovering an innate, latent, core, it robs humans of their freedom to (re)create who they are. If we dare to choose, we cannot but be ourselves.     

Analysis of fatty acid ethyl esters in hair as possible markers of chronically elevated alcohol consumption by headspace solid-phase microextraction (HS-SPME) and gas chromatography-mass spectrometry (GC-MS)

Fatty acid ethyl esters (FAEE) are products of the nonoxidative ethanol metabolism, which are known to be detectable in blood only about 24h after the last alcohol intake. After deposition in hair they should be suitable long-term markers of chronically elevated alcohol consumption. Therefore, a method for the analysis of ethyl myristate, ethyl palmitate, ethyl oleate and ethyl stearate from hair was developed based on the extraction of the hair sample by a dimethylsulphoxide (DMSO)/n-hexane mixture, separation and evaporation of the n-hexane phase and application of headspace solid-phase microextraction (HS-SPME) in combination with gas chromatography-mass spectrometry (GC-MS) to the extract. For use as internal standards, the corresponding D(5)-ethyl esters were prepared. The HS-SPME/GC-MS measurements were automatically performed using a multi-purpose sampler. The detection limits of the FAEE were between 0.01 and 0.04ng/mg and the reproducibility was between 3.5 and 16%. By application of the method to hair samples of 21 fatalities with known heavy alcohol abuse 0.045-2.4ng/mg ethyl myristate, 0.35-13.5ng/mg ethyl palmitate, 0.25-7.7ng/mg ethyl oleate and 0.05-3.85ng/mg ethyl stearate were measured. For social drinkers (30-60g ethanol per week), the concentrations were about one order of magnitude smaller. For 10 teetotalers negative results or traces of ethyl palmitate were found. It was shown by supplementary investigations in single cases that FAEE are also present in sebum, that there is no strong difference in their concentrations between pubic, chest and scalp hair, and that they are detectable in hair segments after a 2 months period of abstinence. From the results follows that the measurement of FAEE concentrations in hair is a useful way for a retrospective detection of alcohol abuse.     

Inviting Scientific Discourse on Traumatic Dissociation: Progress Made and Obstacles to Further Resolution

Psychological Injury and Law - This paper emerged from a five-part exchange on trauma-related dissociation in forensic contexts between the authors and Merckelbach and colleagues (2017–2019)....     

Market segmentation in child adoption

The system for the adoption of children is not working well. The dysfunction of the adoption system manifests itself in an excess demand for healthy white babies and excess supply of older children, minority children, or those with disabilities. A market solution can increase the number of adoptions for older children, minority children or children with disabilities. Recognizing the heterogeneity of children and taking account of those differences will yield price differentiation in segmented markets. Such differentiation is especially important in the market for adopted children where the lifetime consequences of a poor match can be severe; more information about child attributes can only improve child-adopter matches. Revenues from the sale of adoption rights for highly demanded children could subsidize the adoption of the less desired children. The time to adoption will decrease and more of the less desired children will be adopted; the sum of consumer (adoptive parents) plus producer (biological mothers or the adoption agencies) surplus will rise and eliminate sub rosa markets for the more desired children.     

Riots without killings

From 1980 to 1985 serious clashes between police and squatter activists and their supporters occurred on the streets of Amsterdam. This paper describes the series of riots that took place and analyzes five of them in greater detail. Specifically, the investigation focuses on the issue of learning from recurrent crises. Did the authorities learn from one riot to the next? If so, in what ways and at what levels? And how effective did the lessons drawn prove to be — given the fact that the other party may have learned as well. Analyzing the key decisions that have been taken in these cases and confronting them with alternative scenarios that may have been pursued, suggests that learning from crises is a two-edged sword. Its potential benefits must be traded off against risks of overgeneralization or misapplication of lessons. The paper is commented on by Arthur H.W. Docters van Leeuwen, Head of the Dutch Security Service.     

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 -