An economic approach on countering the misuse of the right to challenge judges: an experiment

Parties can challenge a judge (request a recusal) when they have reasons to believe that a judge is not impartial. In practice this procedure is sometimes abused by lawyers who, for example, want to delay proceedings. Countries have taken different measures to deter the improper use of the procedure to request a recusal, like fines for dismissed requests, or immediately dismissing evidently unfounded requests. In a laboratory experiment we examine the effects of a summary review whether a challenge is evidently unfounded, with or without fines. We find that a review without fine improves legal protection in practice as well as efficiency by reducing unfounded challenges and increasing challenges that have a substantial chance of success. Overall the number of challenges declines. With a fine, challenges decline, but also legal protection.     

The Forensic Confirmation Bias: A Comparison Between Experts and Novices

A large body of research has described the influence of context information on forensic decision‐making. In this study, we examined the effect of context information on the search for and selection of traces by students (N = 36) and crime scene investigators (N = 58). Participants investigated an ambiguous mock crime scene and received prior information indicating suicide, a violent death or no information. Participants described their impression of the scene and wrote down which traces they wanted to secure. Results showed that context information impacted first impression of the scene and crime scene behavior, namely number of traces secured. Participants in the murder condition secured most traces. Furthermore, the students secured more crime‐related traces. Students were more confident in their first impression. This study does not indicate that experts outperform novices. We therefore argue for proper training on cognitive processes as an integral part of all forensic education.     

Learning on the job: Studying expertise in residential burglars using virtual environments*

In this article, we describe a quasi‐experiment in which experienced incarcerated burglars (n = 56), other offenders (n = 50), and nonoffenders (n = 55) undertook a mock burglary within a virtual neighborhood. We draw from the cognitive psychology literature on expertise and apply it to offending behavior, demonstrating synergy with rational choice perspectives, yet extending them in several respects. Our principal goal was to carry out the first robust test of expertise in offenders by having these groups undertake a burglary in a fully fledged reenactment of a crime in a virtual environment. Our findings indicate that the virtual environment successfully reinstated the context of the crime showing clear differences in the decision making of burglars compared with other groups in ways commensurate with expertise in other behavioral domains. Specifically, burglars scoped the neighborhood more thoroughly, spent more time in the high‐value areas of the crime scene while traveling less distance there, and targeted different goods from the comparison groups. The level of detail in the data generated sheds new light on the cognitive processes and actions of burglars and how they “learn on the job.” Implications for criminal decision‐making perspectives and psychological theories of expertise are discussed.     

Single-item predictive validity of the Short-Term Assessment of Risk and Treatability (START) for violent behaviour in outpatient forensic psychiatry

The single-item predictive validity of the Short-Term Assessment of Risk and Treatability (START) has not been thoroughly investigated, although this has great clinical relevance for the selection of treatment targets. Furthermore, it remains unclear whether the characteristic START additions of scoring strengths next to vulnerabilities and selecting key items, add incremental predictive validity. Finally, predictive validity has primarily been studied in inpatient settings and included mainly patients with a psychotic disorder. We analysed data from a mixed diagnostic sample of 195 forensic psychiatric outpatients with a 3-month and 170 patients with a 6-month follow-up period, using logistic regression analysis. The occurrence of violent or criminal behaviour was established based on the case manager’s recordings in the patient’s file. Only 5 of the 20 START items were found to have predictive validity: Impulse Control, Attitudes, Material Resources, Rule Adherence and Conduct. The last three were the only items for which incremental predictive validity was found with respect to scoring it as a strength and a vulnerability. Selection of key items did not add to the predictive validity. While possibly having therapeutic significance, the scoring of strength next to vulnerability and the selection of key items, may not be beneficial for risk assessment.     

Establishing Trust in the Illegal Wildlife Trade in China

This study focusses on the role of trust in the illegal distribution of protected wildlife in China. This research attempts to contribute to the literature by disentangling the establishment of trust within the illegal wildlife trade based on ethnographic fieldwork between 2011 and 2016. Both traders and consumers are resorting to mechanisms of trust to foster exchange and to increase credibility of their agreements. This study discusses the existence of such mechanisms of trust within wildlife trafficking networks that are rather characteristic of illegal wildlife trade in China.

     

Human rights and development: the case of local government transformation in South Africa

Local governments throughout the world are assuming a more important role in economic development of their communities as an increasing number of governments begin to decentralise powers and functions. As these lower levels of government seek sustainable local economic development (LED) strategies the human rights approach towards development becomes pertinent as globalisation accelerates. This article proposes an emphasis on socio‐economic rights as the basis for sustainable LED in developing countries. The article is based on the experience of South African local government in the period after 1994, leading up to the first democratic local government elections on 5 December 2000. Proceeding from the view that the promotion of human rights is necessary for the promotion of economic development, the article critically assesses the role of local government in the promotion of LED through a rights‐based approach. It is argued that the identification in the South African Constitution of local government with basic service provision (recently emphasised by a Constitutional court judgement) will place socio‐economic rights at the centre of LED strategies in South Africa. It is argued that this is indeed the most appropriate cornerstone of LED in South Africa. However, the transformation process that leads the country towards its progressive Constitution needs to be maintained and this article identifies five broad areas for transformation that may still be needed to entrench an adequate human rights culture within the sphere of local governance. Copyright © 2007 John Wiley & Sons, Ltd.     

A survey of reported synthesis of methaqualone and some positional and structural isomers.

Methaqualone (2-methyl-3-o-tolyl-4(3H)-quinazolinone) is the illicit synthetic drug of choice amongst South African drug users. Historically police and forensic investigation has proven that all methaqualone seized by the South African Police Service originates from illicit manufacturing sites both inside, and outside South Africa's borders. From a drug enforcement, and forensic point of view it is, thus, of utmost importance that the various synthetic routes available to the illicit "chemist" are fully documented and understood. This is a prerequisite for effective illicit laboratory investigation, as well as chemical and precursor monitoring. This paper gives a brief introduction to the current status with regard to methaqualone use and production in South Africa, as well as an extensive review of the synthesis of methaqualone and selected isomers reported since 1946. A table summarizing synthetic routes reported in 32 reference sources is provided.     

Beware of the possibility of fingerprinting techniques transferring DNA

Fingerprinting brushes have the potential to collect and transfer DNA during powdering. Squirrel-hair fingerprint brushes exposed to specific sets of saliva stains and brushes used in routine casework were tested for their ability to collect and transfer DNA containing material using standard DNA extraction procedures and AmpFlSTR Profiler Plus amplification and typing procedures. The tests found that the risk of transferring DNA during powdering and having a detrimental impact on the analysis increases if the examiner powders over either biological stains (such as blood or saliva) or very fresh prints and uses more sensitive PCR amplification and typing procedures. We advocate caution when powdering prints from which DNA may also be collected and provide options for consideration to limit the risk of transferred DNA contamination while fingerprinting.     

Juvenile sex offenders: a group on its own?

There is some debate about whether sex offenders are similar to non-sex offenders. It is known that sex and non-sex offenders are heterogeneous groups. Comparative studies must take this heterogeneity into account. Based on an aggregated database, a study was conducted among adjudicated juvenile (sex) offenders. The sample consisted of juvenile male sex and non-sex offenders who had been subjected to a psychological assessment at the request of the judge or district attorney. The central question focused on the differences between juvenile sex offenders, in particular rapists and sexual assaulters (n = 57), child molesters (n = 55), and non-sex offenders: violent (n = 85) and nonviolent offenders (n = 80). The results demonstrated that sex offenders differ from non-sex offenders with regard to demographic characteristics, problem behavior, and personality traits. Some reference is made regarding future research.     

Highly sensitive screening method for nitroaromatic, nitramine and nitrate ester explosives by high performance liquid chromatography-atmospheric pressure ionization-mass spectrometry (HPLC-API-MS) in forensic applications

A highly sensitive screening method based on high performance liquid chromatography atmospheric pressure ionization mass spectrometry (HPLC-API-MS) has been developed for the analysis of 21 nitroaromatic, nitramine and nitrate ester explosives, which include the explosives most commonly encountered in forensic science. Two atmospheric pressure ionization (API) methods, atmospheric pressure chemical ionization (APCI) and electrospray ionization (ESI), and various experimental conditions have been applied to allow for the detection of all 21 explosive compounds. The limit of detection (LOD) in the full-scan mode has been found to be 0.012-1.2 ng on column for the screening of most explosives investigated. For nitrobenzene, an LOD of 10 ng was found with the APCI method in the negative mode. Although the detection of nitrobenzene, 2-, 3-, and 4-nitrotoluene is hindered by the difficult ionization of these compounds, we have found that by forming an adduct with glycine, LOD values in the range of 3-16 ng on column can be achieved. Compared with previous screening methods with thermospray ionization, the API method has distinct advantages, including simplicity and stability of the method applied, an extended screening range and a low detection limit for the explosives studied.