One Myth of the Classical Natural Law Theory: Reflecting on the “Thin” View of Legal Positivism

Much controversy has emerged on the demarcation between legal positivism and non‐legal positivism with some authors calling for a ban on the ‐as they see it‐ nonsensical labelling of legal philosophical debates. We agree with these critics; simplistic labelling cannot replace the work of sophisticated and sound argumentation. In this paper we do not use the term ‘legal positivism’ as a simplistic label but identify a specific position which we consider to be the most appealing and plausible view on legal positivism. This is the view advocated by Gardner in his paper 'Legal Positivism: 5½ Myths’ (Gardner 2001 , 199), where he carefully scrutinises the most convincing and unifying postulates of legal positivism, which he calls “the thin view”. The study shows that this thin view presupposes an empirical conception of action that is untenable and implausible since it makes acts of engagement with the law unintelligible to an observer of such acts.     

A Prototype of Mathematical Treatment of Pen Pressure Data for Signature Verification

A prototype using simple mathematical treatment of the pen pressure data recorded by a digital pen movement recording device was derived. In this study, a total of 48 sets of signature and initial specimens were collected. Pearson's correlation coefficient was used to compare the data of the pen pressure patterns. From the 820 pair comparisons of the 48 sets of genuine signatures, a high degree of matching was found in which 95.4% (782 pairs) and 80% (656 pairs) had rPA > 0.7 and rPA > 0.8, respectively. In the comparison of the 23 forged signatures with their corresponding control signatures, 20 of them (89.2% of pairs) had rPA values < 0.6, showing a lower degree of matching when compared with the results of the genuine signatures. The prototype could be used as a complementary technique to improve the objectivity of signature examination and also has a good potential to be developed as a tool for automated signature identification.     

Discrimination of Geographical Origin of Asian Garlic Using Isotopic and Chemical Datasets under Stepwise Principal Component Analysis

Isotopic compositions of δ²H, δ¹⁸O, δ¹³C, and δ¹⁵N and concentrations of 22 trace elements from garlic samples were analyzed and processed with stepwise principal component analysis (PCA) to discriminate garlic's country of origin among Asian regions including South Korea, Vietnam, Taiwan, and China. Results indicate that there is no single trace‐element concentration or isotopic composition that can accomplish the study's purpose and the stepwise PCA approach proposed does allow for discrimination between countries on a regional basis. Sequentially, Step‐1 PCA distinguishes garlic's country of origin among Taiwanese, South Korean, and Vietnamese samples; Step‐2 PCA discriminates Chinese garlic from South Korean garlic; and Step‐3 and Step‐4 PCA, Chinese garlic from Vietnamese garlic. In model tests, countries of origin of all audit samples were correctly discriminated by stepwise PCA. Consequently, this study demonstrates that stepwise PCA as applied is a simple and effective approach to discriminating country of origin among Asian garlics.     

Diagnosing Crime and Diagnosing Disease‐II: Visual Pattern Perception and Diagnostic Accuracy

Previously, we reviewed how general cognitive processes might be susceptible to bias across both forensic and clinical fields, and how interdisciplinary comparisons could reduce error. We discuss several examples of clinical tasks which are heavily dependent on visual processing, comparing them to eyewitness identification (EI). We review the “constructive” nature of visual processing, and how contextual factors influence both medical experts and witnesses in decision making and recall. Overall, studies suggest common cognitive factors uniting these visual tasks, in both their strengths and shortcomings. Recently forensic sciences have advocated reducing errors by identifying and controlling nonrelevant information. Such efforts could effectively assist medical diagnosis. We suggest potential remedies for cognitive bias in these tasks. These can generalize across the clinical and forensic domains, including controlling the sequencing of contextual factors. One solution is an agnostic primary reading before incorporation of a complete history and interpretation.     

Lone Actor Terrorist Attack Planning and Preparation: A Data‐Driven Analysis,

This article provides an in‐depth assessment of lone actor terrorists’ attack planning and preparation. A codebook of 198 variables related to different aspects of pre‐attack behavior is applied to a sample of 55 lone actor terrorists. Data were drawn from open‐source materials and complemented where possible with primary sources. Most lone actors are not highly lethal or surreptitious attackers. They are generally poor at maintaining operational security, leak their motivations and capabilities in numerous ways, and generally do so months and even years before an attack. Moreover, the “loneness” thought to define this type of terrorism is generally absent; most lone actors uphold social ties that are crucial to their adoption and maintenance of the motivation and capability to commit terrorist violence. The results offer concrete input for those working to detect and prevent this form of terrorism and argue for a re‐evaluation of the “lone actor” concept.     

Controversial Suicide Case Using a Submachine Gun with a Sound Suppressor—The Need of Team Work of Forensic Chemistry and Firearm Examiners

Evidence materials in a presumed suicide case were studied by a firearm examiner and a forensic chemist. The victim's body with double gunshot wounding in his forehead, a machine gun in the sustained fire mode with a silencer, and four cartridge cases were found. Examinations of the evidence, the case file studies, and experiments dedicated to the case were carried out. Relationships between the placement of cartridge cases and the gun were established using a fast camera. The distributions of gunshot residues on the evidence materials and within the comparative gunshot patterns were studied by means of optical and electron microscopy, X‐ray microanalysis, and infrared spectroscopy. The shooting distance was assessed to be 30 cm or more, whereas the greatest distance that could have been achieved by the victim himself was about 11–13 cm. The obtained results supported the version of homicide rather than suicide.     

The effect of mark enhancement techniques on the presumptive and confirmatory tests for blood

An investigation into the effects of physical and chemical enhancement on subsequent presumptive and confirmatory tests for human blood is presented. Human blood was deposited onto porous (white 80 gsm paper and brown envelope) and non-porous (tile and linoleum) substrates in a depletion series (30 depletions on non-porous and 20 on porous) and subjected to three ageing periods; 1, 7 and 28?days. A number of enhancement techniques were tested [fluorescence, black magnetic powder (BMP), iron-oxide black powder suspension (PS), cyanoacrylate (CA) fuming, acid violet 17 (AV17), acid yellow 7 (AY7), ninhydrin, DFO and Bluestar Forensic Magnum (BFM) luminol] to evaluate their potential effects on subsequent presumptive and confirmatory tests. AV17 and Bluestar provided the best enhancement and fully enhanced all depletions in the series. The sensitivity of the Kastle-Meyer (KM) (presumptive), Takayama and RSID-Blood tests (confirmatory) was initially investigated to determine the range of detectable depletions. The KM test detected all depletions, whereas the Takayama test detected up to depletion 6 and RSID-Blood detected up to depletion 20 (paper), 10 (envelope), 15 (tile) and 9 (lino). The abilities of these tests to detect blood after enhancement were then observed.A number of techniques resulted in little to no effect on any of the blood tests, whereas adverse effects were observed for others. Ninhydrin and CA fuming caused weak but instantaneous positive KM results whereas methanol-based AV17 and AY7 delayed the reaction by as much as 1?min. The Takayama test was not very sensitive, therefore, its performance was easily affected by enhancement and negative results were often observed. RSID-Blood tests were largely unaffected by chemical enhancement although a drop in positive results was observed for some of the techniques when compared to positive controls.Using a standard procedure for DNA extraction, all the tested blood samples (before and after enhancement) gave a detectable quantity of DNA and were successfully profiled. Out of the 45 samples processed for DNA profiling, 41 gave full profiles, while the remaining showed allele drop out in one or two loci.     

The Cybercrime Convention Committee's 2017 Guidance Note on Production Orders: Unilateralist transborder access to electronic evidence promoted via soft law

This article provides a critical analysis of the Council of Europe Cybercrime Convention Committee's Guidance Note of Production Orders, published on 1 March 2017. The article looks at the legal controversies surrounding production orders with a cross-border element. It explains the Guidance Note's background and origins, the basic provisions in the Cybercrime Convention allowing the law enforcement authorities to order and obtain certain information and discusses the requirements that follow from the relevant provisions of the Convention. This analysis is complemented by four critical remarks on the way the Guidance Note pushes the boundaries of acceptable treaty interpretation on the necessity of the Guidance Note, its position in regard to extraterritorial enforcement jurisdiction and sovereignty, its reticence towards fundamental rights and its refusal to define or clarify the important notion of “subscriber information”. The article argues that unilateralism is not a solution. Instead of soft law plumbing, what is needed is an agreement between sovereign states checked by their constituencies.