Reliability of Craniofacial Superimposition Using Three‐Dimension Skull Model

Craniofacial superimposition is a technique potentially useful for the identification of unidentified human remains if a photo of the missing person is available. We have tested the reliability of the 2D‐3D computer‐aided nonautomatic superimposition techniques. Three‐dimension laser scans of five skulls and ten photographs were overlaid with an imaging software. The resulting superimpositions were evaluated using three methods: craniofacial landmarks, morphological features, and a combination of the two. A 3D model of each skull without its mandible was tested for superimposition; we also evaluated whether separating skulls by sex would increase correct identifications. Results show that the landmark method employing the entire skull is the more reliable one (5/5 correct identifications, 40% false positives [FP]), regardless of sex. However, the persistence of a high percentage of FP in all the methods evaluated indicates that these methods are unreliable for positive identification although the landmark‐only method could be useful for exclusion.     

INCENTIVES FOR COLLECTIVE DEVIANCE: GROUP SIZE AND CHANGES IN PERCEIVED RISK,COST, AND REWARD*

Research has demonstrated that the presence of others shifts decision‐making about risky/deviant behavior. One reason for this shift could be changes in the anticipated experience of formal sanctions, informal costs, and rewards. To investigate this possibility, this study conducted two randomized controlled trials with hypothetical vignettes, in which a range of how many other people were also involved in the criminal act defined the treatment conditions. Across two samples of university students (Ns = 396 and 263), the results revealed that as the size of the involved group increased, the anticipated experience of sanction risk and several informal social costs associated with engaging in the act decreased, and the anticipated experience of two rewards increased. Additional analyses suggest that, with one exception in each data set, these changes are not only tied to the solo/group distinction.     

Legal reforms appropriate for cohabitants and LATs

Cohabitants and LATs (couples who “live apart together”) do not fit the traditional categories and rules of our family law system. This article describes what we know about both cohabitants and LATs in the U.S., compares the two institutions, and makes recommendations about legal reforms with respect to each. For cohabitants the reforms would assimilate cohabiting couples to marriage after the passage of time, based on the evidence of their economic interdependence and the probability that there are children in their households. As to LATs, the reforms proposed are limited to those that would support the caretaking functions LATs perform for each other, resulting in benefits to society as a whole.     

The utility of trauma evaluations in judicial decision-making in child sex trafficking cases: A qualitative analysis

Youth coerced into trafficking experience multiple forms of abuse, and are deprived of basic human rights associated with liberty and self-determination, all of which can adversely affect mental and psychological well-being (Ottisova et al., Behavioral Medicine, 44(3), 234-241.). This study uses a qualitative approach to exploring how judges use trauma-related information to make decisions about how to adjudicate cases involving minors who have been sexually trafficked. Additionally, the study identifies barriers to receiving data, the court resources needed to effectively respond, and potential remedies to address gaps in effective case management. The study uses data from 82 juvenile and family court judges from around the USA 27-item structured interview was used to determine the availability and utility of trauma services, needed resources, and solutions to overcome gaps in effective case adjudication. Themes emerged related to lack of access to and timing issues that limited the utility of reports, lack of congruency between recommendations and available resources and child and family resistance to disclosures. Solutions to overcome barriers are related to increased cross-disciplinary collaboration, awareness and responsiveness. Legal remedies such as Safe Harbor laws can only be realized if the systemic context is aligned and appropriately resourced toward responsiveness.     

Deep learning for sex determination: Analyzing over 200,000 panoramic radiographs

The objective of this study is to assess the performance of an innovative AI-powered tool for sex determination using panoramic radiographs (PR) and to explore factors affecting the performance of the convolutional neural network (CNN). The study involved 207,946 panoramic dental X-rays and their corresponding reports from 15 clinical centers in São Paulo, Brazil. The PRs were acquired with four different devices, and 58% of the patients were female. Data preprocessing included anonymizing the exams, extracting pertinent information from the reports, such as sex, age, type of dentition, and number of missing teeth, and organizing the data into a PostgreSQL database. Two neural network architectures, a standard CNN and a ResNet, were utilized for sex classification, with both undergoing hyperparameter tuning and cross-validation to ensure optimal performance. The CNN model achieved 95.02% accuracy in sex estimation, with image resolution being a significant influencing factor. The ResNet model attained over 86% accuracy in subjects older than 6 years and over 96% in those over 16 years. The algorithm performed better on female images, and the area under the curve (AUC) exceeded 96% for most age groups, except the youngest. Accuracy values were also assessed for different dentition types (deciduous, mixed, and permanent) and missing teeth. This study demonstrates the effectiveness of an AI-driven tool for sex determination using PR and emphasizes the role of image resolution, age, and sex in determining the algorithm's performance.     

非法鉴定胎儿性别不入罪之刑法谦抑缘由

非法鉴定胎儿性别是导致新生儿性别比例严重失调的主要原因,其是否入罪是一个颇具时代意义而又极其敏感的问题,应该引起人们的广泛关注。但社会问题当由社会政策调控,基于刑法谦抑考虑,立足于刑罚效益与人性,刑法并不能因此贸然介入。非法鉴定胎儿性别不入罪是立法者权衡利弊后明智的选择。     

Courage,regulatory responsibility,and the challenge of higher‐order reflexivity

Contemporary regulators must respond to ever‐increasing societal demands in various domains. Regulators must cope with these demands under conditions of extreme epistemic scarcity and ideological divide. This leaves regulators perplexed about what action they should take. Regulatory praxis offers two primary responses to this moral and epistemic dilemma: technical canonization and reflexive regulation. While these two approaches represent contrary regulatory philosophies, they suffer from two common blind spots: (a) disregard of the critical role of discretionary judgment in regulatory action; and (b) disregard of the dilemma of higher‐order reflexivity. The article explores the idea of higher‐order reflexivity in the regulatory context. This exploration renders visible the abysses that are faced by regulators as they attempt to resolve regulatory dilemmas through a cognizant and introspective process. The article argues that the Socratic concept of courage and the idea of forward‐looking responsibility provide a plausible framework for thinking about the challenge of regulatory judgment. It concludes with a discussion of the legal and institutional mechanisms that could both facilitate and put to scrutiny the realization of this ideal (but noting also several features of the contemporary regulatory system which constitute potential barriers).     

Obscuring sexual crime: examining media representations of sexual violence in Megan’s law

Sexual violence remains a pervasive and persistent social problem. In 1996, Congress enacted Megan’s Law, dictating mandatory community notification and potential civil commitment for those deemed by the State to be dangerous sexual offenders. In 2013, Megan’s Law continues to influence the treatment of sexual offenders under law and the social construction of a highly publicized, yet statistically rare, sexual crime – the rape and murder of a young female child by a depraved male stranger. This influence highlights the extent to which this personalized crime bill shapes the social construction of sexual violence in terms of sex and gender systems. This paper examines how sex and gender shape media discourses of the sexual offender and victim that are mobilized in the legislative debate on Megan’s Law. Drawing on theoretical ideas from cultural studies and feminist legal scholarship, we employ discourse analysis to analyze the legislative debate on Megan’s Law. We find that high-profile media images of sex offenders and victims are relied on to construct a singular image of sexual violence, whereby a child is victimized by an adult sexual predator. These images draw on traditional, conservative notions of gender and sexuality.     

同案同判下司法技术与情理的平衡

同案同判旨在通过指导案例和类案检索制度促进法律统一适用,从而树立司法公信力。同案同判表示着司法技术化趋势,而司法技术化是中国近代以来愈加推崇的形式理性及其所引领的市场经济、科技发展的必然结果。同案同判一方面保证了法律的确定性与司法的形式正义,另一方面却因法律适用过程中的技术化操作牺牲了部分个案的实质正义。既然同案同判的最终目的是向社会树立司法公正价值,那么就必须兼顾社会公正观。当代社会的主流公正观是在法治前提下追求情理法兼容。这是法律儒家化的结果,符合中华文明的和谐平衡观,是传统司法的首要原则。司法技术化与传统情理法的冲突,深层次是中西文化、传统与现代的冲突。近代以来,中国对技术过度迷信,导致司法公正与民众公正观的间隙扩大。这需以情理法兼容的传统予以调和,使司法不仅仅是科学的法律知识与程序之学,更是兼顾伦理观的司法技艺。司法技术只能作为解决当前司法适用不统一的过渡与辅助手段,长远来看,需通过拓展法官的综合知识与培育伦理素质以正确适用、阐释法律。