FSC 402 Final Exam Flashcards
Define “Impairment”
Reduced ability to perform a task.
Exemplify why driving is a complex psychomotor task.
- Need to follow the lane
- Have to always be ready to hit the brakes
- Have to be aware of cars in other lanes
- **all at the same time
Scientific vs. Legal Impairment
Scientific impairment is measurable.
Legal impairment is not established by the forensic toxicologist but is dependent on judge/jury decision.
True/False: The crown needs to prove a great degree of impairment for conviction.
False
The Crown need only to prove any degree of impairment of the person’s ability to drive, no matter how great or minor.
Difference between toxicology and forensic toxicology?
How the toxicology is applied to the law.
Why did the Criminal Code for impaired driving offences change?
To lower the cases related to impaired driving.
It takes 10-15 minutes for BAC level to increase to 80 so initially your BAC level would be low and would increase gradually while in the police station. However, BAC is measured at the scene and that level is used in court = faulty and cases get thrown out. This has now changed and you are not allowed to drink before or right after driving for accuracy.
What is the Carter Defence?
Judge can throw cases off even though there is evidence that your BAC level is high because they choose to believe variable factors like your size/height/weight/gender in relation to the suspected level of intoxication.
True/False: Suspect can be convicted due to exceeding impaired limit AND per se limit.
False
Suspect can be charged for exceeding both impaired and per se limits but can only be convicted with one.
True/False: You can refuse to give breath sample because it is within your legal right.
False
Refusing to give a breath sample will still give you the penalty of what you are charged for, you cannot avoid charges by avoiding giving a blood sample. Suspicious that you are refusing to give sample.
Relation between Variability and BAC limits?
Law states that a suspect can be charged if the BAC limit is exactly 80 or over. Defense is usually variability but that usually only works when very close to or exactly 80.
Impaired vs. Per se Limit
Impaired: Effects of drugs/alcohol on an individual and testing for drug samples if available. Don’t need BAC level, smelling like alcohol is enough.
Per se: Testing of drugs and alcohol, need a sample for this. There are issues about reliability of analysis.
Should per se limits be considered? Why or why not?
No, because there is a wide variability of factors (legal aspects, political pressure).
Per se limit on the ability to operate a vehicle should not be threshold because it is not reliable due to variability.
Degree of impairment is dependent on
- driving experience
- age
- complexity of the driving task
- blood alcohol concentration
When does BAC become significant?
when BAC level is >50mg/100mL
True/False: Younger drivers are less tolerant to alcohol.
True, younger drivers experience impaired effects more severely.
What is Choice Reaction time?
Ability to correctly choose between two actions in the appropriate time.
e.g. Someone jumps in front of your car - do you brake or swerve to avoid hitting the person?
What is Divided attention?
Ability to divide attention between two sources
e.g. Monitor lane position, be aware of other cars…
True/False: Impairment effects can be observed at very low BAC levels.
True, you have no tolerance to these behaviours
Define “Complex Reaction Time”
The time required to respond in a scenario when thre are two or more stimuli and several possible responses.
A short complex reaction time enables the driver to…
react quickly to emergency and unexpected situations
True/False: Even a millisecond (ms) change in complex reaction time results in significant differences
True, 100ms change leads to 2.8m more of the distance travelled.
Give examples of laboratory analyses on alcohol and impaired driving
Analyzes level of impairment on individual skills in driving through measuring:
- simple/complex reaction time
- tracking ability
- ability to perform divided attention tasks.
Closed Course Studies
Assess the effects of alcohol on the integrated task of driving and define the impairment based on an overall degradation in the driver’s skill.
Scientific and legal definition of impairment is related to case:
R. v. Stellato
Explain the “Laurell Study”
Simulated unexpected situation by having a human shaped obstacle blocking the road, driver subjects had BAC < 50 mg/mL. Half the participants crashed, which proves that low BAC causes impairment too.
In the second part a harsh maneuver was planted in the course and collision numbers increased, even with subjects that had BAC < 24 mg/mL.
What does epidemiological data assess?
Probability of a driver’s involvement in a motor vehicle collision as a function of the BAC.
True/False: As BAC level increases, crash risk increases.
True
Most extensive and versatile study on alcohol and impaired driving
Grand Rapids Study
Grand Rapids Study results (3)
- Drivers with BAC > 40mg/100mL have more single vehicle accidents and also more severe accidents than sober drivers.
- Drivers with a BAC of 100mg/mL were 6x more likely to cause an accident.
- Drivers with a BAC of 150mg/mL were 25x more likely to cause an accident.
What was Grand Rapids study useful for?
The result data was used to determine the legal limit of BAC in Canada
True/False: Identification of physical intoxication is objective
False, identification of physical intoxication is subjective.
Is impairment easily proven?
Impairment, while present at very low BAC’s is not easily proven in cases where lacking driving evidence or physicals.
True/False: In court, the presence of physical signs of intoxication is significant.
True
Yes, despite the fact that intoxication and BAC are not correlated well.
What are drug-facilitated sexual assaults?
Offenses in which victims are subjected to non-consensual sexual acts while they are incapacitated or unconscious due to the effects of alcohol and/or drugs, and are therefore unable to resist or consent.
True/False: As a forensic toxicologist you cannot provide expert opinion on consent.
True
Forensic toxicologists can only provide opinions on drugs and the effects of the drugs on the body.
Forensic toxicologists can provide opinion on….
- If a drug impairs the ability of the victim to fight back/resist
- If a drug impairs the ability of the victim to comprehend and understand the situation
Exemplify a typical sexual assault scenario
- Victim has one or more alcoholic drinks
- Drink left unattended
- Victim loses track of events
- Wakes up in a strange place
- May be inappropriately dressed/clothing may be worn wrong
- Inability to recall events (may result to delayed reporting)
What may lead to drug facilitated sexual assaults?
- Sexual predator spikes drink
- Voluntary use of recreational drugs
- Lack of knowledge about mixing different drugs
- Wide range of substances encountered
Common symptoms of drug facilitated sexual assaults?
- Reduced inhibition
- Impaired judgement
- Confusion
- Dizziness
- Drowsiness
- Impaired memory
- Loss of conciousness
- Nausea
What is the advantage is the victim drinks regularly?
Know the effect of alcohol on their body, so if they experience different symptoms, this can tip them off or raise their suspicion that the drink was tampered with
What are the characteristics of an “ideal date rape drug”?
- Central nervous system depressant
- Relatively fast acting (around 30min)
- Effects last for a number of hours
- Rapidly eliminated (removes evidence)
- Amnesia
- Easy to obtain
- Easy to add to an individuals drink (shouldn’t be noticeable)
Cons of amnesia in a case?
- Can lead to the delayed reporting of a crime
- Lack of memory can be used by defence in courtroom
Common sex assault drugs?
- Alcohol
- Benzodiazepines
- Diphenhydramine
- GHB
Why is alcohol a good sex assault drug?
- Most frequently encountered, the more availability of the drug - it is harder to pinpoint what happened.
- Complainants voluntarily consume alcohol.
Effects of alcohol?
- Central nervous system depressant
- Increased sociability
- Decreased inhibitions
- Impairment of mental and motor functions
- Sedation and loss of conciousness
- Will increase the effects of other sedatives
- Onset and degree of effects dependent on tolerance
Case history for alcohol? (Case 1)
- 16 year old girl admits to drinking white claw at party and alleges that she has been sexually assaulted.
- Accused says the compliant consented.
- Female weight - 68 kg (150 lbs)
- Blood sample collected in hospital
Result: Ethanol 50 mg/100 mL
BAC in young sexual assault victims
- When the victim is young their tolerance must be taken into account
- BAC level becomes less important the more older and tolerant the person is
Case 1: Back Calculation
Results: 50 mg/100 mL
-These results were taken after the party so the BAC at the time of incident should be higher
- Back calculation to the time of the incident
130 to 250 mg/ 100 mL
True/False: The results of the alcohol analysis in blood and urine samples represent the alcohol concentration at the time of the incident
False
The results represent the alcohol concentration at the time the samples were collected.
BAC at 130 mg/ 100 mL the victim
would not be in the right state of mind to be able to consent or comprehend the situation
BAC at 250 mg/ 100 mL the victim
would be unconcious
What are benzodiazepines prescribed for?
- Insomnia
- Anxiety
- Seizures
Properties of benzodiazepines?
- Most frequently prescribed drug
- Readily available
- Fast acting
Note: Any benzodiazepine may be used in drug facilitated sex assault.
Benzodiazepine examples
- Flunitrazepam
- Lorazepam
- Alprazolam
- Diazepam
- Triazolam
- Clonazepam
- Flurazepam
- Chlordiazepoxide
Lorazepam brand name?
Ativan
Alprazolam brand name?
Xanax
Diazepam brand name?
Valium
Flunitrazepam brand name?
Rophynol
Triazolam brand name?
Halcion
Clonazepam brand name?
Clonapam
Flurazepam brand name?
Dalmane
Chlordiazepoxide brand name?
Librium
Describe Lorazepam properties?
- Prescribed for insomnia and anxiety
- Onset of action within 30-40 minutes
- Effects last up to 8 hours
- Half life is 10-20 hours (this is enough time to be detectable by forensic toxicologists)
What are the physical effects of Lorazepam?
- Confusion
- Sedation
- Amnesia
Synonyms for Flunitrazepam?
- Rohypnol
- Roofies
- Roches
- Rubies
- R-2s
How can you detect flunitrazepam in beverages?
Clear beverages = Turns blue
Coloured beverages = Cloudy appearance
True/False: Flunitrazepam is marketed all over the world.
False
Not marketed in US or Canada, available in Europe and Central America
Diphenhydramine synonyms
- Benadryl (antihistamine)
- Gravol (anti-nauseant)
- Nytol (sleep aid)
Diphenhydramine properties?
- Readily available
- Primary effect is antihistaminic effects
- Causes sedation
- Half-life is 3-14 hours (depends on metabolism)
- Increased sedation when combined with alcohol
GHB synonyms?
- Liquid Ecstasy
- “Easy lay”
- Griveous bodily harm
What does GHB stand for?
Gamma Hydroxybutyrate
GHB properties?
- Easily synthesized and has recipes for it online
- Colourless, odourless, dissolves easily
- Salty taste
- Clear liquid and slightly thicker than water
- Naturally occurs in the body
- Half-life is 0.5-1 hour
What are GHB effects on the body?
- Rapid onset (30 mins)
- Similar effects to alcohol intoxication
- Sense of well being
- Euphoria
- Sedation
- Amnesia
Explain the Reynhard Sinaga case
- Most prolific rapist in UK history
- Convicted of 136 rapes
- Used GHB to incapacitate his victims
- Targeted heterosexual men as they are stigmatized and less prone to report
- One man woke up in the middle of the incident and called the police
- Police found hundreds of hours of video evidence and the suspect kept trophies of victims
- Most victims were not aware of the assault until they had been contacted by the police
- Showed no remorse during trial
- He had GHB in his apartment
What are the challenges and limitations in drug-facilitated sexual assault cases?
- Wide range of drugs can be used
- Only small amount of highly potent drugs are required to incapacitate victims
- Drugs clear from the body quickly (relatively rare to get a sample within the hour of the incident)
- Time between incident and collection of samples decreases the chances of detecting the drug (people can delay reporting the incident to avoid facing the attacker)
True/False: You can look for all drugs possible with a singular screening method
False
Even though screening techniques are advancing, there is no screening method that can look for every drug
What is the role of toxicology in drug-facilitated sexual assault cases?
- Conducting laboratory analysis
- Interpretation of findings
- Providing letters of opinion
- Provision of viva voce evidence
How are letters of opinion different from expert testimony?
- Used when individuals come forward months or years later
- You can look over events and provide evidence of what drugs might have been used
What is viva voce evidence?
Oral testimony instead of a written affidavit
Biological samples in drug-facilitated sexual assaults?
- Blood
- Urine
Non-biological samples in drug-facilitated sexual assaults?
- Tablets
- Drinks
- Stains from spilled drinks
- Vomitus
- Detailed case history
Give examples of case history questions for a drug-facilitated sexual assault complainant?
- Were drugs used before 24 hours of the incident?
- Were drugs or alcohol used between incident and sample collection?
- Describe any mental or physical impairment experienced prior, during or after the assault?
What kind of suspect information is collected in drug-facilitated sexual assault cases?
- Does the assaulter have a drug history?
- Is the assaulter prescribed with any medication? (is it readily available)
- What is the assaulters occupation and hobbies?
Ketamine
Is a veterinary-tranquilizer, can be readily available to vets
GHB is often used by
body builders
Explain Case 2: Midazolam we did in class.
The complainant consumed alcohol and left a bar with the accused, went back to his apartment and stopped at a Tim Hortons on the way. She drank the coffee and remembers nothing. Victim taken to the hospital by a friend and a sexual assault kit was performed. Coffee cups were seized from suspects apartment for testing and urine sample was collected. Midazolam (benzodiazepine) was found in one of the coffee cups as well as urine sample. Multiple vials of midazolam found in medicine cabinet of assaulter, turns out he works at a hospital and has been stealing the drugs.
Explain Case 3 (15 year old girl with chocolate milk) in class
Complainant is a 15 year old girl and reported she was feeling woozy after drinking chocolate milk while with step-father, she was aware that she was being sexually assaulted but could not resist. The complainant’s mother was home as well but she was napping upstairs, she never takes naps - turns out the step-father drugged the mother to have alone time with the daughter. Once recovered, the mother took her to the hospital to have a sexual assault kit performed. Two milk cartons were collected from the scene, even though they were empty, Lorazepam residue was found in both. In addition, Lorazepam was found in urine as well as her step-father’s DNA inside her. All the lawyers the father hired told him to plead guilty bc there was too much evidence.
Explain Case 4 (women with sleeping tablet) we did in class
Women was staying at her friend’s house and she had 3-4 glasses of wine while dining out. She had trouble sleeping, friend gave her “sleeping tablet”. She reported that she passed out quickly after taking the medication and sometime during the night she woke up and became aware that she was being sexually assaulted by friends husband. She tells her friend and she responds with “oh no, not again”. Blood and urine samples were collected, nothing found in blood, only temazepam (Restoril) was found in urine. Restoril is prescribed for insomnia has short half life, so explains why it was detected only in urine. Restoril and alcohol mixed causes extreme sedation.
Spiking and Pricking
UK police received hundreds of reports of “drink spiking”
Attacks also involve reports of women being pricked by a needle while at a bar and quickly being left in a “paralysed” state.
What are the important factors of Homicides and Suspicious deaths in relation to forensic toxicology?
- Drug effects
- Timing
- Behaviour
How is timing important in forensic toxicology?
Drug elimination may assist in providing a time frame for an incident. A known time frame can help with determining who was in contact with victim and confirming alibis.
e.g. Someone spotted drinking at a bar and perceived as intoxicated. Body found 48 hours later and post mortem femoral blood alcohol concentration is zero. Thanks to witness, we know what happened.
How is behaviour important in forensic toxicology?
- We can understand the effects the drug had on the deceased, how it contributed to their death (inhibiting movement, etc)
- Often toxicological samples are available for analysis (full toxicological screening must be performed)
- Effects of the drugs on the accused (defense can talk about drugs inducing certain behaviour which can change homicide to manslaughter - this can even get accused acquitted)
- Hypothetical scenarios may be provided
- Majority of case samples will not have toxicological testing available
How is drug effects and toxicity important in forensic toxicology?
- Did the drugs or poison cause death or was it contributing factor?
True/False: Drug dealers can be charged with manslaughter or negligence resulting in death.
True
Case example of 2 women, one taken off life support and the other survived.
2 women took alcohol and cocaine at an after party as well as consuming both before the after party as well. One friend was snoring and foaming heavily and both were found unconcious - turns out they took heroin and not cocaine. Due to a false sex assault kit and evidence by survived friend, it was ruled out as a sexual assault case. The accused got a search warrant and it was found that he put a 50k bag in a friend’s car - but because there wasn’t enough evidence that specifically explained that he gave the heroin to the girls, he was acquitted.
