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https://www.readbyqxmd.com/read/28939736/u-s-case-law-and-legal-precedent-affirming-the-due-process-rights-of-immigrants-fleeing-persecution
#1
Shawn S Sidhu, Ramnarine Boodoo
The political discourse on domestic immigration policy has shifted rapidly in recent years, mirrored by similar shifts in the geopolitical climate worldwide. However, a nuanced assessment of the legal basis backing such rhetoric is sorely lacking. This article examines the historical, legal, and case law precedent as it pertains specifically to immigrants who are fleeing persecution and residing within the United States. Due process rights emerged from the Fifth, Sixth, and Fourteenth Constitutional Amendments and have been expanded to include this population through several sequential United States Supreme Court Cases...
September 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/28852538/forensic-bitemark-identification-weak-foundations-exaggerated-claims
#2
Michael J Saks, Thomas Albright, Thomas L Bohan, Barbara E Bierer, C Michael Bowers, Mary A Bush, Peter J Bush, Arturo Casadevall, Simon A Cole, M Bonner Denton, Shari Seidman Diamond, Rachel Dioso-Villa, Jules Epstein, David Faigman, Lisa Faigman, Stephen E Fienberg, Brandon L Garrett, Paul C Giannelli, Henry T Greely, Edward Imwinkelried, Allan Jamieson, Karen Kafadar, Jerome P Kassirer, Jonathan 'Jay' Koehler, David Korn, Jennifer Mnookin, Alan B Morrison, Erin Murphy, Nizam Peerwani, Joseph L Peterson, D Michael Risinger, George F Sensabaugh, Clifford Spiegelman, Hal Stern, William C Thompson, James L Wayman, Sandy Zabell, Ross E Zumwalt
Several forensic sciences, especially of the pattern-matching kind, are increasingly seen to lack the scientific foundation needed to justify continuing admission as trial evidence. Indeed, several have been abolished in the recent past. A likely next candidate for elimination is bitemark identification. A number of DNA exonerations have occurred in recent years for individuals convicted based on erroneous bitemark identifications. Intense scientific and legal scrutiny has resulted. An important National Academies review found little scientific support for the field...
December 2016: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28799186/the-psycholegal-factors-for-juvenile-transfer-and-reverse-transfer-evaluations
#3
Christopher M King
It remains unclear whether forensic mental health assessments for juvenile reverse transfer (to juvenile court) are distinct from those for juvenile transfer (to adult court). This survey consisted of an updated review of transfer and reverse transfer laws (in jurisdictions that have both mechanisms) in light of the generally accepted three-factor model of functional legal capacities involved in transfer evaluations (i.e., risk, sophistication-maturity, and treatment amenability). Results indicated that a majority of states' reverse transfer statutes refer explicitly or implicitly to the same three psycholegal constructs identified as central for transfer...
August 11, 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28776213/-standards-for-treatment-in-forensic-committment-according-to-%C3%A2-%C3%A2-63-and-%C3%A2-%C3%A2-64-of-the-german-criminal-code-interdisciplinary-task-force-of-the-dgppn
#4
REVIEW
J L Müller, N Saimeh, P Briken, S Eucker, K Hoffmann, M Koller, T Wolf, M Dudeck, C Hartl, A-K Jakovljevic, V Klein, G Knecht, R Müller-Isberner, J Muysers, K Schiltz, D Seifert, A Simon, H Steinböck, W Stuckmann, W Weissbeck, C Wiesemann, R Zeidler
People who have been convicted of a crime due to a severe mental disorder and continue to be dangerous as a result of this disorder may be placed in a forensic psychiatric facility for improvement and safeguarding according to § 63 and § 64 of the German Criminal Code (StGB). In Germany, approximately 9000 patients are treated in clinics for forensic psychiatry and psychotherapy on the basis of § 63 of the StGB and in withdrawal centers on the basis of § 64 StGB. The laws for treatment of patients in forensic commitment are passed by the individual States, with the result that even the basic conditions differ in the individual States...
August 3, 2017: Der Nervenarzt
https://www.readbyqxmd.com/read/28713099/-giving-medico-legal-opinions-in-cases-with-suspicion-of-medical-mistake-part-1-between-medicine-and-justice
#5
Czesław Chowaniec, Małgorzata Chowaniec, Mateusz Wilk
Creating medico-legal opinion is a sophisticated investigative, analytical, decision-making and creative process. Forensic medicine specialist in cooperation with clinical medicine consultants, on the basis of evidence analysis, which was gathered during procedures and contained in the acts has to create an objective and essential opinion. This opinion is a vital, very important and irreplaceable proof in every case. Judicial body consults with forensic medicine specialist or specialists if there are circumstances for settlement of which there is a need of classified informations - art...
2017: Wiadomości Lekarskie: Organ Polskiego Towarzystwa Lekarskiego
https://www.readbyqxmd.com/read/28691774/bite-mark-analysis-in-foodstuffs-and-inanimate-objects-and-the-underlying-proofs-for-validity-and-judicial-acceptance
#6
Fernando Rivera-Mendoza, Stella Martín-de-Las-Heras, Pablo Navarro-Cáceres, Gabriel M Fonseca
Even though one of the first bite mark cases was Doyle v. State in 1954 (a bitten cheese case), the research has focused on bite marks inflicted in human skin. As published Papers, Case Reports, or Technical Notes can constitute precedents which are relied upon in making the legal arguments and a considerable amount of case law exists in this area, we present a systematic review on bite mark analysis in foodstuffs and inanimate objects and their underlying proofs for validity and judicial acceptance according to Daubert rulings...
July 10, 2017: Journal of Forensic Sciences
https://www.readbyqxmd.com/read/28538756/psychiatric-evaluation-of-civil-capacity-with-the-new-brazilian-statute-of-the-person-with-disabilities
#7
Elias Abdalla-Filho
The objective of this paper is to provide an update to psychiatrists regarding the new Brazilian Law for the Inclusion of People with Disabilities (BLI, Law 13,146 of 2015), and, specifically, to discuss potential implications of situations in which examination by a forensic psychiatrist points toward civil incompetence, while the above-mentioned law mandates full civil capacity for disabled persons. A study of Law 13,146/2015 was conducted, including a comparative analysis of legal and psychiatric approaches on the subject...
July 2017: Revista Brasileira de Psiquiatria
https://www.readbyqxmd.com/read/28400064/sexually-violent-predator-risk-assessments-with-the-violence-risk-appraisal-guide-revised-a-shaky-practice
#8
REVIEW
Brian R Abbott
Twenty-two jurisdictions in the United States permit the involuntary civil confinement of sexual offenders upon expiration of their criminal sentence and, if committed, these individuals face possible lifetime commitment. One of the legal requirements that psychologists must address in sexually violent predator evaluations is the likelihood that an individual will engage in dangerous sexual behavior and consideration of the probabilities for sexual recidivism contained in actuarial experience tables best address this inquiry...
April 8, 2017: International Journal of Law and Psychiatry
https://www.readbyqxmd.com/read/28383611/training-in-occupational-medicine-jurisprudential-malfunctions-in-the-italian-system-and-european-perspectives
#9
L Cegolon, W C Heymann, C Xodo, J H Lange
BACKGROUND: To practice occupational health in Europe, a medical doctor must qualify in occupational medicine. This requires a period of postgraduate specialist medical training lasting a minimum of four years, in conformity with European regulations, to obtain a certificate of completion of training which is then mutually recognized within the entire European Union. DISCUSSION: In 2002 an Italian law allowed doctors specialized in public health medicine and legal/forensic medicine to also practice as consultants in occupational medicine in the country...
May 2017: Annali di Igiene: Medicina Preventiva e di Comunità
https://www.readbyqxmd.com/read/28351881/mjustice-preliminary-development-of-a-mobile-app-for-medical-forensic-documentation-of-sexual-violence-in-low-resource-environments-and-conflict-zones
#10
Ranit Mishori, Michael Anastario, Karen Naimer, Sucharita Varanasi, Hope Ferdowsian, Dori Abel, Kevin Chugh
Digital health development and use has been expansive and operationalized in a variety of settings and modalities around the world, including in low- and middle-income countries. Mobile applications have been developed for a variety of health professionals and frontline health workers including physicians, midwives, nurses, and community health workers. However, there are no published studies on the development and use of digital health related to human rights fieldwork and to our knowledge no mobile health platforms exist specifically for use by frontline health workers to forensically and clinically document sexual violence...
March 24, 2017: Global Health, Science and Practice
https://www.readbyqxmd.com/read/28344897/testing-of-microsatellite-multiplexes-for-individual-identification-of-cape-parrots-poicephalus-robustus-paternity-testing-and-monitoring-trade
#11
Willem G Coetzer, Colleen T Downs, Mike R Perrin, Sandi Willows-Munro
BACKGROUND: Illegal trade in rare wildlife species is a major threat to many parrot species around the world. Wildlife forensics plays an important role in the preservation of endangered or threatened wildlife species. Identification of illegally harvested or traded animals through DNA techniques is one of the many methods used during forensic investigations. Natural populations of the South African endemic Cape Parrot (Poicephalus robustus) are negatively affected by the removal of eggs and chicks for the pet trade...
2017: PeerJ
https://www.readbyqxmd.com/read/28289788/-failure-of-a%C3%A2-study-in-forensic-psychiatric-hospitals-clinical-trial-to-investigate-the-additive-effect-of-triptorelin-on-the-efficacy-of-psychotherapy
#12
Peer Briken, Jürgen L Müller, Wolfgang Berner, Rolf-Hasso Bödeker, Jochen Vollmann, Christian Kasperk, Matthias Koller
BACKGROUND: A testosterone-lowering medication is relatively commonly used as a form of treatment for sexual offenders with severe paraphilic disorders in German forensic psychiatric hospitals; however, a double-blind, controlled and randomized study, which investigates the efficacy of this medication, is still lacking. AIM: This article describes the process from the planning to the rejection of a clinical trial over the period from 2009 to 2015. METHODS AND RESULTS: Despite the careful planning with an interdisciplinary team and giving special consideration to the complex legal situation, the Federal Institute for Drugs and Medical Devices (BfArM) rejected the proposed trial in a brief formal letter with reference to the German Drug Law (§ 40 para...
May 2017: Der Nervenarzt
https://www.readbyqxmd.com/read/28262446/separation-of-ortho-meta-and-para-isomers-of-methylmethcathinone-mmc-and-methylethcathinone-mec-using-lc-esi-ms-ms-application-to-forensic-serum-samples
#13
Alexandra Maas, Konrad Sydow, Burkhard Madea, Cornelius Hess
Separation and identification of positional isomers is an important issue in forensic toxicology, particularly in the context of new psychoactive substances (NPS). Despite the structural similarity, positional isomers often show different pharmacological properties and thus can exhibit dramatic differences with respect to their toxicity. Additionally, besides these pharmacological and toxicological effects, the legal status is also of great importance. We present a sensitive and selective LC-MS/MS method to separate the ortho, meta and para isomers of methylmethcathinone (MMC) and methylethcathinone (MEC) using a core-shell biphenyl analytical column...
April 15, 2017: Journal of Chromatography. B, Analytical Technologies in the Biomedical and Life Sciences
https://www.readbyqxmd.com/read/28252619/-the-problems-of-professional-competence-in-the-complementary-professional-forensic-medical-expertise-programs-of-advanced-training-and-professional-requalification
#14
A B Shadymov, S A Fominykh, V P Dik
This article reports the results of the analysis of the new tendencies and normatives of the working legislation in the field of additional professional education in the speciality of «forensic medical expertise» and the application of the competency-based approach to the training of specialists in the framework of professional requalification and advanced training programs. Special attention is given to the problems of organization of the educational process and the elaboration of additional training programs based on the competency approach to the training of specialists at the Department of Forensic Medicine and Law with the professor V...
2017: Sudebno-meditsinskaia Ekspertiza
https://www.readbyqxmd.com/read/28238498/legal-social-ethical-and-medical-perspectives-on-the-care-of-the-statutory-rape-adolescent-in-the-emergency-department
#15
Shiu-Lin Tsai, Elvira Acosta, Toni Cardenas, Jeremy K Sigall, Kevin Van Geem
Rapes involving adolescents who present to the emergency department (ED) are fraught with ethical and legal complexities and are often emotionally turbulent for patients, their families, and medical providers. Management requires a thoughtful approach from multiple standpoints, including legal, psychosocial, ethical, and medical ones. However, there is no standardized sexual assault education for emergency medicine residents, and management practices vary widely.(1,2) We present a hypothetical statutory rape case based on real cases that occurred in New York City and bring together the perspectives of an attorney on the legal parameters, two social workers on the psychosocial issues, an ethicist on the moral considerations, and a pediatric emergency physician-who is also a sexual assault forensic examiner-on the medical treatments...
July 2017: Annals of Emergency Medicine
https://www.readbyqxmd.com/read/28216771/filicide-in-the-united-states
#16
Phillip J Resnick
In the United States the Accreditation Council of Graduate Medical Education determines the curriculum required for fellows in forensic psychiatry to become board certified as a subspecialist. Areas that must be covered during the one year fellowship include criminal issues, such as insanity; civil issues, such as tort law and Workers' Compensation; legal regulation of psychiatry, such as confidentiality and involuntary hospitalization; and correctional psychiatry issues, such as dual agency and prisoner's rights...
December 2016: Indian Journal of Psychiatry
https://www.readbyqxmd.com/read/28216768/competence-to-stand-trial-an-overview
#17
REVIEW
Steven K Hoge
The legal concept of competence to stand trial has ancient roots. The history of this legal construct in Anglo-Saxon law will be reviewed. A competent defendant is a requirement of the criminal justice system because it reflects interests related to the dignity of the process, the accuracy of adjudication, and respect for the autonomy of defendants. In the United States, legal decisions have established the contours of the requirements related to competent participation in adjudication. Forensic psychiatrists have operationalized the requirements for assessment purposes...
December 2016: Indian Journal of Psychiatry
https://www.readbyqxmd.com/read/28216766/forensic-psychiatry-in-india-past-present-and-future
#18
REVIEW
S Nambi, Siva Ilango, Lakshmi Prabha
Forensic psychiatry is a subspecialty of psychiatry, in which scientific and clinical expertise is applied to legal issues in legal contexts embracing civil, criminal, correctional, or legislative matters. Forensic psychiatry is still in an infant stage in India and other developing countries. Law is the sanctioning discipline, and Psychiatry is the therapeutic discipline. Due to various reasons, Forensic Psychiatry is reared as Cinderella in our country; "which is much neglected, ignored, misinterpreted, and misunderstood...
December 2016: Indian Journal of Psychiatry
https://www.readbyqxmd.com/read/28134394/evaluation-and-management-of-female-victims-of-sexual-assault
#19
Roxanne A Vrees
Sexual assault is characterized by any sexual contact or behavior that occurs without explicit consent. Classifications vary based on the status of the perpetrator's relationship to the victim (eg, stranger, acquaintance) and characteristics of the victim herself (eg, child, elder adult, mentally disabled adult). Regardless of the classification, sexual assault is a significant individual as well as public health issue affecting women of all ages. While the majority of sexual assault cases are not initially reported to law enforcement, the best available data suggest the lifetime prevalence of sexual assault in the United States is approximately 20% among adult women...
January 2017: Obstetrical & Gynecological Survey
https://www.readbyqxmd.com/read/28035474/technical-note-early-post-mortem-changes-of-human-bone-in-taphonomy-with-%C3%AE-ct
#20
Erwan Le Garff, Vadim Mesli, Yann Delannoy, Thomas Colard, Xavier Demondion, Anne Becart, Valéry Hedouin
Post-mortem interval (PMI) estimation is an important issue in forensic medicine, particularly for criminal purposes and legal limitation periods. The goal of the present study is to examine the evolution of the trabecular cranial vault bone after 4 weeks of conservation in a controlled environment with micro-tomography (μCT) analyses.Four bone samples were extracted from a fresh human cranial vault (a donation to science according to the French law) and conserved in an air-controlled environment. The samples were weighed and μCT scanned at a 10-μm resolution every week after death for a month...
May 2017: International Journal of Legal Medicine
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