A mixed DNA profile controversy revisited

Semaan et al. (J Forensic Res, 2020, 11, 453) discuss a mock case “where eight different individuals [P₁ through P₈] could not be excluded in a mixed DNA analysis. Even though … expert DNA mixture analysis software was used.” Two of these are the true donors. The LRs reported are incorrect due to the incorrect entry of propositions into LRmix Studio. This forced the software to account for most of the alleles as drop-in, resulting in LRs 60–70 orders of magnitude larger than expected. P₁, P₂, P₄, P₅, and P₈ can be manually excluded using peak heights. This has relevance when using LRmix which does not use peak heights. We extend the work using the same two reference genotypes who were the true contributors as Semaan et al. (J Forensic Res, 2020, 11, 453). We simulate three two-donor mixtures with peak heights using these two genotypes and analyze using STRmix?. For the simulated 1:1 mixture, one of the non-donors’ LRs supported him being a contributor when no conditioning was used. When considered in combination with any other potential donors (i.e., with conditioning), this non-donor was correctly eliminated. For the 3:1 mixture, all results correctly supported that the non-donors were not contributors. The low-template 4:1 mixture LRs with no conditioning showed support for all eight profiles as donors. However, the results from pair-wise conditioning showed that only the two ground truth donors had LRs supporting that they were contributors to the mixture. We recommend the use of peak heights and conditioning profiles, as this allows better sensitivity and specificity even when the persons share many alleles.     

Contesting Professionalism: Legal Aid and Nonlawyers in England and Wales

Professions are granted a form of cartel that enables them to charge more than would arise in a free market on the assumption that they provide better quality and are more trustworthy than free-market actors would be. The theoretical assumption that lawyers are more competent than nonlawyers has given rise to significant formal protections for professions in many jurisdictions. Two testable propositions arise from this theory: (1) lawyers cost more, but (2) they deliver higher quality. It is a testing of these twin propositions that is the subject of this article, with well-triangulated data and a deeper understanding of the theoretical differences between lawyers and nonlawyers.     

Correlates of Mortality in a U.S. Cohort of Youth, 1980–98: Implications for Social Justice

This paper reports results of a study based on a nationally representative sample of U.S. youth (N = 11,549) that asked two questions: (1) How does family structure affect the likelihood of adolescent death beyond that of race/ethnicity, sex, socioeconomic status, personal behavior, and other structural factors and (2) under what conditions might appeals for social justice be warranted for relative mortality statuses and for absolute gains in mortality? The study found that marital instability increases the likelihood of dying when controlling for a variety of other factors including class, race/ethnicity, sex, and unemployment rate in area of residence. The author argues that this finding lends support to social justice arguments to redistribute resources in such a way as to ensure the likelihood of absolute gains in mortality. The study also found, however, that race/ethnicity/sex also accounted for the likelihood of dying independently of family structure when controlling for socioeconomic and other factors. The author argues that this finding lends support to social justice arguments to redistribute resources on the basis of relative mortality statuses.     

PUNCHING THE PARENTING TIME CLOCK: THE APPROXIMATION RULE,SOCIAL SCIENCE,AND THE BASEBALL BAT KIDS*

The American Law Institute proposes that in contested physical custody cases the court should allocate to each parent a proportion of the child's time that approximates the proportion of time each has spent performing caretaking functions in the past. Examined through the lens of child development research, the approximation rule is unlikely to improve on the best interests standard. It is difficult to apply; is perceived as gender‐biased; creates a new focus for disputing parents; renders a poor estimate of parents’ contributions to their child's best interests; overlooks parents’ intangible, yet significant, contributions to their child's well‐being; and miscalculates the essence of how a child experiences the family. A preferable alternative is a better defined, contemporary best interests standard that accommodates new knowledge and reforms that encourage nonadversarial, individualized resolutions of custody disputes.     

Bingo! Cheating and legally suspect practices in one of North Carolina’s only forms of legalized gambling

Bingo is one of two legalized forms of gambling in the state of North Carolina. This paper is largely a product of information gleaned from an undercover police operation conducted by a special state task force constructed by the State Attorney General in 1983. The investigation concerned violation of state law designed to regulate bingo activity. This report provides the reader with the development of state law associated with bingo operations, and concentrates on the illegitimate methods used by professional operators to cheat bingo patrons. Legislation designed to crack-down on bingo abuse is discussed as well Gambling is one of the most controversial social activities yet one of the least studied forms of social behavior (King, 1985). Bingo is a specific form of legalized gambling which has received very little attention by social scientists. There have been, however, a few studies which address the characteristics and motivations of bingo players. For example, it has been suggested that bingo is primarily a female activity (Dixie, 1987). However, it has been found that motivations among male and female players differ. Females are motivated more by social contact with other players, whereas men are motivated more by a need for economic advancement (King, 1985). Although some studies exist on the characteristics of bingo players, there is a dearth of research on the operators of bingo games, particularly those operators who ply their trade in a legally suspect fashion. This paper focuses upon the legally suspect mechanisms utilized by some professionals who run bingo gambling operations. The controversy over gambling often extends to state legislatures where lawmakers must wrestle with the question of whether or not to allow legalized gambling within their borders. On the one hand, advocates of legalized gambling cite potential advantages such as the creation of employment opportunities, its potential for enhancement of state revenues, the recreational value of such activity for consumers and the general enhancement of tourism within states having legalized gambling. On the other hand, critics of legalized gambling proclaim its evils such as the perceived relationship of gambling to organized crime, the belief that gambling breeds other social ills (e.g. theft or other crimes of economic desperation) and the belief that gambling can become a psychologically addictive disease which can contribute to individual and family impoverishment as well as community disorganization. North Carolina is one state in which the legislature has demonstrated strong resistance to the allowance of legalized gambling operations. Two exceptions exist, however. North Carolina allows two forms of legalized gambling, bingo games and raffles. This paper focuses upon bingo gambling operations. The central thesis of this paper is bingo was originally legalized to provide tax-exempt, charitable organizations a means of revenue enhancement which would help fund their socially worthwhile endeavors. The legislative changes allowing this form of gambling, however, have created opportunities for professional game operators whose major motivation is personal economic enrichment (versus economic enhancement of charitable organizations). The personal economic enrichment motive is offered to account for the various forms of cheating which were observed in a special investigation of a sample of bingo operations. In a review of theoretical explanations of gambling behavior Kim King (1985) suggests an extension of the functional approach which he labels an “Economic/Status” explanation. This explanation stresses the positive functions of gambling for society and the individual. According to the economic/status explanation, the positive functions of gambling (for the individual) include an innovative opportunity for economic enrichment, success, and status (King, 1985). We would like to suggest that such reasons explain why a number of legally suspect bingo operations have emerged in North Carolina. The same reasons appear to explain the use of various schemes by some bingo operators to cheat their patrons. In short, bingo profits appear to be the primary reason for the massive increase in the number of bingo operations. Other theoretical factors are suggested to account for the attraction of patrons to bingo games. According to King (1985), the “functionalist” explanation of the recent popularity of bingo gambling is due to the tension-release afforded to players of bingo; bingo offers an exciting and innovative way to attain economic success. A concurrent Marxian explanation sees bingo gambling as an opiate of the oppressed, providing a false sense of control and success (King, 1985). Other theoretical factors suggested by King include the symbolic interactionist idea that gambling is a way to display one’s self to others in order to gain character (Goffman, 1967) and the idea that gambling for some people is a means of conspicuous consumption (Veblen, 1899). These factors may account for the popularity of bingo operations, however the focus of this paper is not upon an explanation of why bingo has become so popular. This paper will outline some of the legally suspect methods used by unscrupulous bingo game operators. The information for this report is based upon an undercover police investigation of illegal bingo activity in North Carolina. The investigation was to explore the nature of illegal bingo gambling within the state. Bingo gambling has a unique history in North Carolina; its recent legal history will be discussed in this treatise as well as the various legitimate and illegitimate methods of bingo game operators, state law designed to regulate bingo gambling and measures taken by “professional” (versus “charitable”) operators to protect their lucrative but legally suspect trade.