Structural analysis of human rib fracture and implications for forensic interpretation

Patterns of rib fractures are of significant clinical and forensic interest. Linking patterns of rib fracture with specific physical events provides a foundation for understanding the nature of traumatic events that are associated with rib fracture in forensic contexts. In this study, isolated human ribs (n = 8) were end-loaded to failure to investigate: (i) local deformations (bone strain) prior to and during structural failure, (ii) location of ultimate failure, and (iii) fracture mode. Structural properties of ribs were used to calculate theoretical stresses to determine whether such calculations could be used to predict site of fracture. Ribs fractured on the sternal side of midshaft in all experiments, but mode of failure varied with transverse, buckle, spiral, and "butterfly" fractures observed. Comparison of calculated stress with observed strain values suggest that experimental, rather than theoretical, approaches will be most productive in furthering understanding rib fracture in forensic contexts.     

‘Customary internet-ional law’: Creating a body of customary law for cyberspace. Part 2: Applying custom as law to the Internet infrastructure

The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable to electronic transactions by adapting customary international law rules; apply the suggested rules for determining customary Internet norms and identify some existing practices that may amount to established norms on the Internet, specifically practices relating to the Internet Infrastructure and Electronic Contracting.     

A Review of Evidence-Based Biopsychosocial Laws Governing the Treatment of Pain and Injury

The impact of scientific findings on medical, psychological, and legal concepts has led to the adoption of laws and regulations that do not easily fit into the established legal categories of medical law or mental health law. Instead, this convergence of forces has resulted in laws and regulations mandating biopsychosocial treatment guidelines, where both medical and psychological cares are integrated within the framework of a single paradigm. Laws and regulations of this type have been adopted by a number of US states and Canadian provinces, and could be considered to represent a new category, for which we offer the term “biopsychosocial law.” Biopsychosocial laws currently pertain to medical treatment guidelines for workers’ compensation, a medical treatment system noted for high costs, high levels of litigation, and psychological involvement. There are a number of examples of biopsychosocial laws, but the most noteworthy are based on guidelines developed by the Colorado Division of Workers’ Compensation, the American College of Occupational and Environmental Medicine, the Work Loss Data Institute, and The Reed Group. These guidelines differ significantly with regard to features, conditions covered, and strength of evidence basis. However, all of these guideline systems were developed with the intent of providing good care while controlling costs, are evidence based, integrate the practice of medicine and psychology, and are legally mandated in certain jurisdictions. Taken together, these guidelines represent a growing convergence of scientific evidence, professional society positions, payor policies, and legal regulations. These forces are propelling a broad societal shift away from Cartesian assumptions that the body and mind are separate, and toward a biopsychosocial paradigm for the treatment of injury and illness.     

A Meta-Analytic Review of Pretrial Research: Risk Assessment,Bond Type,and Interventions

This study makes an attempt to aggregate what we currently know about pretrial decision making and jurisdictions’ responses to the pretrial population. This meta-analysis began with an exhaustive search for pretrial research which may have revealed the most prominent finding—that being a distinct lack of research that utilizes any amount of methodological rigor. The findings of this meta-analysis hold several policy implications for the field of pretrial research and practice. First, future research studies in the field of pretrial need to focus on methodological quality and rigor. Second, it appears that some conditions of release may be related to a defendant’s likelihood of failure to appear. Third, it appears that none of the conditions of release reviewed in this study are related to a defendant’s likelihood of re-arrest while on pretrial release. Finally, it is recommended that the field of pretrial develop a sound research agenda and execute that plan with rigor, transparency, and an approach that favors the continued cumulation of knowledge. Strong conclusions about the impact of pretrial release conditions cannot be made as the quality of the pretrial research, overall, is weak at best.     

Laws, Models, and Real People: Choice of Chapter in Personal Bankruptcy

It has been a central assumption in bankruptcy policy debates that financially troubled persons faced with bankruptcy will respond to economic incentives and disincentives. Two provisions of the Bankruptcy Code (Chapters 7 and 13) are most commonly used by individual debtors. Under Chapter 7 debtors agree to give up all their property (n excess of state-determined exemptions) to a trustee for sale and distribution to creditors. Under Chapter 13 debtors keep all their property but agree to pay all or part of their debts over three to five years. This empirical study of fifteen hundred consumers in three states explores whether economic incentives and disincentives are in fact the chief factors influencing choice of chapter. The analysis demonstrates that while economic factors play a part, noneconomic factors are also significant, among them intra- and interstate migration, marital status, self-employment, state of residence, and local legal culture. We conclude that to explore fully how individual decisions are made, the simplistic economic model must be replaced by a more sophisticated model that accounts for both economic and noneconomic factors.     

The Stigma Enigma: Doublespeak,Double Standards,Double Dipping and the Double-Sided Nature of Stigma in Toxic Tort Property Damage Claims

“Ignorance is strength” “2+2=5” Mottos of “Big Brother” excerpted from the novel 1984 by George Orwell     

Children’s Susceptibility to Misidentifying a Familiar Bystander From a Lineup: When Younger is Better

Children from 5 to 12 years of age (N=779) were shown a videotape where a preschool teacher has money stolen from her wallet. Children were shown a lineup, and for children in the bystander condition, the lineup contained a familiar bystander without the thief. Children in the control condition viewed the same lineup but they had not seen the bystander in the videotape. Among the 11–12-year olds, participants in the bystander condition were significantly more likely than control participants to misidentify the familiar bystander. This effect was not found in children from 5 to 10 years of age. When children in the control condition were shown a lineup that contained the thief without the bystander, the 11–12-year olds were significantly more likely than the younger children to correctly identify the thief. These findings demonstrate that age can both increase and decrease the accuracy of children’s lineup identification accuracy depending on the task at hand and the content of a lineup.     

Understanding the risk factors for violence and criminality in women: the concurrent validity of the PCL-R and HCR-20

This study explores the performance of 132 female maximum-security inmates on the Psychopathy Checklist-Revised (PCL-R) and the HCR-20 (Historical, Clinical, and Risk Management Scheme) to examine the concordance between these two risk assessment instruments, and to assess their potential usefulness in determining level of risk for violent behavior and other forms of criminality. The two instruments demonstrated consistent and highly significant correlations across total scores, factor scores, and subscale scores. When the two instruments were entered into a multiple regression analysis to predict violent and non-violent crime, the HCR-20 did not add to the variance explained by the PCL-R. These results confirm earlier research that suggests that there is little or no difference between these two risk assessment instruments in their relationship to community or institutional violence. Further, Receiver Operating Characteristics (ROC) analyses show that both instruments demonstrated an inverse ability to predict convictions for murder, a close to chance ability to predict violent crime, but a shared ability to predict property and minor crime. Broadly, these results suggest that psychopathic women are involved in chronic patterns of non-violent criminality, while women charged and convicted of murder generally do not have elevated scores on the PCL-R or HCR-20. The relevance of these findings to rehabilitation and treatment is discussed.