A Game of \u3cem\u3eKatso\u3c/em\u3e and Mouse: Current Theories for Getting Forensic Analysis Evidence Past the Confrontation Clause

The Sixth Amendment’s Confrontation Clause ensures that an “accused” in a “criminal prosecution[]” has the right “to be confronted with the witnesses against him [.]” Although perhaps a simple concept, defining the scope of confrontation rights has proved extremely difficult. The law has had particular difficulty scoping confrontation rights in forensic analysis cases, such as those where the prosecution seeks to utilize a laboratory report of DNA, blood alcohol content, narcotics, or other “CSI” type analysis. In this connection, Justice Gorsuch recently authored an opinion dissenting from denial of certiorari in Stuart v. Alabama, in which he recognized the “decisive role” of forensic evidence in modern criminal trials, but decried the lack of clarity in this area of law. The purpose of this Article is to analyze modern Confrontation Clause and forensic analysis jurisprudence, and to present six theories or gateways through which to argue that forensic analysis evidence is admissible consistent with the Clause. The theories presented in this Article are not intended to be employed individually, but rather combined to diminish the possibility that the Confrontation Clause will necessitate exclusion. To aid in the presentation of these theories, the Article will discuss the recent illustrative cases of U.S. v. Katso and Stuart v. Alabama, and explore how local stakeholders might utilize Katso-like reasoning to support their positions

Confronting Memory Loss

The Confrontation Clause of the Sixth Amendment grants “the accused” in “all criminal prosecutions” a right “to be confronted with the witnesses against him.” A particular problem occurs when there is a gap in time between the testimony that is offered, and the cross-examination of it, as where, pursuant to a hearsay exception or exemption, evidence of a current witness’s prior statement is offered and for some intervening reason her current memory is impaired. Does this fatally affect the opportunity to “confront” the witness? The Supreme Court has, to date, left unclear the extent to which a memory-impaired witness can afford a criminal defendant her right to confront. Would, for instance, it be of any value to permit a defendant the opportunity to cross-examine a witness claiming no recollection of having seen the crime or identified the defendant as the perpetrator? Should the right to confront simply imply the ability to look one’s accuser in the eye at trial or should it necessitate some degree of opportunity for substantive cross-examination? Two petitions denied certiorari by the Supreme Court in December 2019—White v. Louisiana and Tapia v. New York—could have permitted the Court to clarify confrontation rights in memory loss cases. The purpose of this Article is to identify and discuss eight key issues arising in connection with memory impairment in Confrontation Clause witnesses. Although the Court chose not to put these issues to bed in the context of White or Tapia, these are the issues we anticipate federal and state courts will be called upon to answer in the coming years, and we suspect the Supreme Court will eventually need to answer them

Animal health and the role of communities: an example of trypanasomosis control options in Uganda

In many African countries, governments are re-thinking the role of the state in centrally providing certain goods and services. The rights and responsibilities for providing various public goods are being decentralized to lower levels of government administration, and/or being devolved directly to local citizens or user groups themselves. It is thus critical to ask: under what circumstances will local groups provide the socially optimal level of the public good? In this paper, we apply this question to the case of controlling an important vector-borne livestock disease in Uganda, trypanosomosis, which is transmitted by the tsetse fly. We investigate the underlying epidemiology of transmission and different options for control, and the implications for group provision of control, within the framework of a game-theoretic model. Results indicate that individual incentives to uptake tsetse and trypanosomosis control differ widely across different control methods. Since the costs of successfully implementing collective action are affected by individual incentives to participate in collective action, the model predicts which method/s are likely to be successfully implemented at the community level. More broadly, the model highlights under what circumstances community-provision is not likely to be optimal, depending on the underlying epidemiology of the disease, technological parameters, prevailing market characteristics, and socio-cultural conditions.

An interactive triangle approach to student learning

Report of a CELT project on enhancing learning and teaching through innovation and research.Discusses the findings of a research project designed to improve student performance through innovative learning and teaching methods. The traditional format of the Human Physiology module (a core module in the Biomedical Science portfolio) comprising a weekly programme of two lectures and one tutorial was replaced by converting lectures into an on-line form and hosting them on the University's virtual learning environment (WOLF), linking these to key texts, on-line resources and computer software packages. Workshops and drop-in sessions provided additional support and an opportunity for lecturers to diagnose areas of difficulty and provide strategies for resolving them

Cell cycle regulation of a Xenopus Wee1-like kinase

Using a polymerase chain reaction-based strategy, we have isolated a gene encoding a Wee1-like kinase from Xenopus eggs. The recombinant Xenopus Wee1 protein efficiently phosphorylates Cdc2 exclusively on Tyr- 15 in a cyclin-dependent manner. The addition of exogenous Wee1 protein to Xenopus cell cycle extracts results in a dose-dependent delay of mitotic initiation that is accompanied by enhanced tyrosine phosphorylation of Cdc2. The activity of the Wee1 protein is highly regulated during the cell cycle: the interphase, underphosphorylated form of Wee1 (68 kDa) phosphorylates Cdc2 very efficiently, whereas the mitotic, hyperphosphorylated version (75 kDa) is weakly active as a Cdc2-specific tyrosine kinase. The down-modulation of Wee1 at mitosis is directly attributable to phosphorylation, since dephosphorylation with protein phosphatase 2A restores its kinase activity. During interphase, the activity of this Wee1 homolog does not vary in response to the presence of unreplicated DNA. The mitosis-specific phosphorylation of Wee1 is due to at least two distinct kinases: the Cdc2 protein and another activity (kinase X) that may correspond to an MPM-2 epitope kinase. These studies indicate that the down-regulation of Wee1-like kinase activity at mitosis is a multistep process that occurs after other biochemical reactions have signaled the successful completion of S phase

Persistence of Inflationary Shocks: Implications for West African Monetary Union Membership

Plans are far advanced to form a second monetary union, the West African Monetary Zone (WAMZ), in Africa. While much attention is being placed on convergence criteria and preparedness of the five aspiring member states, less attention is being placed on how the dynamics of inflation in individual countries are (dis)similar. This paper aims to stimulate debate on the long term sustainability of the union by examining the dynamics of inflation within these countries. Using Fractional Integration (FI) methods, we establish that some significant differences exist among the countries. Shocks to inflation in Sierra Leone are non mean reverting; results for The Gambia, Ghana and Guinea-Bissau suggest some inflation persistence, despite being mean reverting. Some policy implications are discussed and possible outstanding policy questions are also raised.Inflationary shocks, fractional integration, stationarity, West Africa, Monetary unions.

To what extent did the Press influence the development of aviation in Britain in favour of the aeroplane over the airship?

The role of the newspaper Press in the development of aviation has barely been examined by historians, particularly in relation to the concurrent development of the aeroplane and airship in the early 20th Century. Most studies, such as John Swinfield’s (2012) Airship Design, Development and Disaster, focus on the technical details and capabilities of the technology or on political-economic concerns. However, in attempting to explain the choice of the aeroplane over the airship by both civilian and military organisations by the early 1920’s, these studies have not considered the role of contemporary newspapers in mediating and moulding decisions about Government aviation policies. The ability of the early 20th Century Press Barons to influence British governments has been well documented by Curran& Seaton (2010). This influence was recognised by many politicians who sought the support of the Press for their campaigns. Lord Northcliffe, owner of The Times and Daily Mail, was well known for his interest in aviation and sought to influence government policy in regard to aerial defences against continental powers. His influence was demonstrated in the Shell Crisis of 1915, when the intervention of his papers led to the downfall of the Asquith government. By drawing on recently digitized Press sources this thesis explores the role of the press in debating the comparative merits of the airship and aeroplane, covering the periods before, during and after the Great War. I argue that as a strong advocate of aviation, Lord Northcliffe attempted to use his newspapers to influence public opinion and Government policy in favour of developing both heavier and lighter than air technologies, especially given the evidence of their complementary strengths during the war. I thus show that newspaper reports and articles may have had a significant effect on the evaluation of the airship in Britain, which, contributed to its eventual demise

Detecting Hepatitis B Surface Antigen Mutants

The emergence of HBsAg mutants presents a challenge to HBV screening programs