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https://www.readbyqxmd.com/read/29770559/ethical-legal-and-social-implications-of-forensic-molecular-phenotyping-in-south-africa
#1
Nandi Slabbert, Laura Jane Heathfield
Conventional forensic DNA analysis involves a matching principle, which compares DNA profiles from evidential samples to those from reference samples of known origin. In casework, however, the accessibility to a reference sample is not guaranteed which limits the use of DNA as an investigative tool. This has led to the development of phenotype prediction, which uses SNP analysis to estimate the physical appearance of the sample donor. Physical traits, such as eye, hair and skin colour, have been associated with certain alleles within specific genes involved in the melanogenesis pathways...
May 17, 2018: Developing World Bioethics
https://www.readbyqxmd.com/read/29724513/forensic-psychiatry-and-neurolaw-description-developments-and-debates
#2
Gerben Meynen
Neuroscience produces a wealth of data on the relationship between brain and behavior, including criminal behavior. The research field studying the possible and actual impact of neuroscience on the law and legal practices, is called neurolaw. It is a new and rapidly developing domain of interdisciplinary research. Since forensic psychiatryhas to do with both neuroscience and the law, neurolaw is of specific relevance for this psychiatric specialty. In this contribution, I will discuss three main research areas in neurolaw - revision, assessment, and intervention - and explore their relevance for forensic psychiatry...
April 30, 2018: International Journal of Law and Psychiatry
https://www.readbyqxmd.com/read/29653319/analysis-of-fatal-accidents-with-tractors-in-the-centre-of-portugal-ten-years-analysis
#3
Soraia M Antunes, Cristina Cordeiro, Helena M Teixeira
Tractors have been described as one of the deadliest farming implements concerning agricultural activity. In Portugal, the scientific investigations about this problem are practically non-existent, with only statistical studies performed by entities related to road traffic safety, not in accordance to the study now performed, pinpointing the possibility of an underreporting of these accidents. This work aims to characterize the fatal tractor accidents in Portugal, autopsied at the Forensic Pathology Department of the Centre Branch of the National Institute of Legal Medicine and Forensic Sciences of Portugal, analysing several variables: gender, age, occupation, survival time, the victim position in the tractor, cause of death, toxicological and histological exams, year/month/day of the week, type of agricultural machine, existence of rollover protective structures (ROPS), type of accident, ground conditions, circumstantial information and geographic distribution of the accidents...
April 6, 2018: Forensic Science International
https://www.readbyqxmd.com/read/29650539/a-call-for-more-science-in-forensic-science
#4
Suzanne Bell, Sunita Sah, Thomas D Albright, S James Gates, M Bonner Denton, Arturo Casadevall
Forensic science is critical to the administration of justice. The discipline of forensic science is remarkably complex and includes methodologies ranging from DNA analysis to chemical composition to pattern recognition. Many forensic practices developed under the auspices of law enforcement and were vetted primarily by the legal system rather than being subjected to scientific scrutiny and empirical testing. Beginning in the 1990s, exonerations based on DNA-related methods revealed problems with some forensic disciplines, leading to calls for major reforms...
April 12, 2018: Proceedings of the National Academy of Sciences of the United States of America
https://www.readbyqxmd.com/read/29618540/mental-condition-requirement-in-competency-to-stand-trial-assessments
#5
Andrew D Reisner, Jennifer L Piel
In Ohio, a criminal defendant is incompetent to stand trial only if "a present mental condition" renders him unable to understand the nature and objectives of the proceedings against him or to assist in his defense. Some forensic mental health evaluators have treated the mental-condition requirement as synonymous with, or similar to, the psychiatric condition required in the state's insanity criteria, which requires a "severe mental disease or defect." Yet the term mental condition does not appear in other areas of the state's criminal code or in the state's definition of a mental illness for purposes of civil commitment...
March 2018: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29618539/sexsomnia-as-a-defense-in-repeated-sex-crimes
#6
Amir Mohebbi, Brian J Holoyda, William J Newman
Sexsomnia and related sexual behaviors during sleep may be diagnosed in individuals accused of sex crimes. Although sexsomnia is now formally recognized in the DSM-5, the variable presentation of such behaviors and the possibility of malingering in medicolegal situations can cause challenges for forensic evaluators and legal professionals alike. Review of the literature reveals a paucity of cases involving allegations of repeated incidents due to abnormal sexual behaviors or experiences in sleep. It is important for experts involved in such cases to understand how the courts have responded to sexsomnia defenses involving diverse alleged incidents...
March 2018: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29618534/revisiting-the-false-confession-problem
#7
Viviana Alvarez-Toro, Cesar A Lopez-Morales
Despite the existence of important safeguards in our criminal legal system, innocent suspects often succumb to forceful and deceptive interrogation techniques. Among those over-represented members of the false confessor population are minors, people with cognitive and intellectual disabilities, and those with psychiatric disorders. Some of the confessions made by these at-risk populations can hardly be considered voluntary or reliable, but they are generally admitted at trial, regardless of their prejudicial effect...
March 2018: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29526430/-autopsy-legal-under-the-law
#8
Alexia Delbreil, Mélanie Voyer, Michel Sapanet, Laurence Leturmy
Only a physician specialized in forensic medicine is allowed to process a autopsy legal. The 2011 reform of forensic medicine aimed to homogenize and enhance thanatological practices over French state territory. According to the law, biological samples withdrawn during an autopsy can't be given back to the families after analysis(art. 230-30 CPP). Respecting the human body and restoring their physical aspect are mandatory by law (art. 230-29 CPP). After a autopsy legal, dead bodies must be given back to their relatives as soon as possible...
April 2018: La Presse Médicale
https://www.readbyqxmd.com/read/29526268/analysing-and-exemplifying-forensic-conclusion-criteria-in-terms-of-bayesian-decision-theory
#9
A Biedermann, S Bozza, F Taroni
There is ongoing discussion in forensic science and the law about the nature of the conclusions reached based on scientific evidence, and on how such conclusions - and conclusion criteria - may be justified by rational argument. Examples, among others, are encountered in fields such as fingermarks (e.g., 'this fingermark comes from Mr. A's left thumb'), handwriting examinations (e.g., 'the questioned signature is that of Mr. A'), kinship analyses (e.g., 'Mr. A is the father of child C') or anthropology (e.g...
March 2018: Science & Justice: Journal of the Forensic Science Society
https://www.readbyqxmd.com/read/29526267/massively-parallel-sequencing-and-the-emergence-of-forensic-genomics-defining-the-policy-and-legal-issues-for-law-enforcement
#10
Nathan Scudder, Dennis McNevin, Sally F Kelty, Simon J Walsh, James Robertson
Use of DNA in forensic science will be significantly influenced by new technology in coming years. Massively parallel sequencing and forensic genomics will hasten the broadening of forensic DNA analysis beyond short tandem repeats for identity towards a wider array of genetic markers, in applications as diverse as predictive phenotyping, ancestry assignment, and full mitochondrial genome analysis. With these new applications come a range of legal and policy implications, as forensic science touches on areas as diverse as 'big data', privacy and protected health information...
March 2018: Science & Justice: Journal of the Forensic Science Society
https://www.readbyqxmd.com/read/29473812/acquired-immunodeficiency-syndrome-a-forensic-perspective
#11
Meiring de Villiers
This article provides a review of the science of HIV/AIDS for nonspecialist stakeholders such as lawyers, regulators, and policy analysts. The purpose of the article is twofold: it (1) aims to communicate the biomedical principles that underlie the pandemic in a rigorous yet accessible format and (2) shows that an understanding of the interaction between a legal rule and medical science is essential if the intended meaning, purpose, and policy rationale of the rule are to be preserved. It illustrates the interaction between law and science by analyzing the application of a doctrine in medical malpractice to litigation involving HIV/AIDS...
July 2017: Journal of Legal Medicine
https://www.readbyqxmd.com/read/29431456/forensic-psychology-and-correctional-psychology-distinct-but-related-subfields-of-psychological-science-and-practice
#12
Tess M S Neal
This article delineates 2 separate but related subfields of psychological science and practice applicable across all major areas of the field (e.g., clinical, counseling, developmental, social, cognitive, community). Forensic and correctional psychology are related by their historical roots, involvement in the justice system, and the shared population of people they study and serve. The practical and ethical contexts of these subfields is distinct from other areas of psychology-and from one another-with important implications for ecologically valid research and ethically sound practice...
February 12, 2018: American Psychologist
https://www.readbyqxmd.com/read/29427705/dismantling-the-justice-silos-flowcharting-the-role-and-expertise-of-forensic-science-forensic-medicine-and-allied-health-in-adult-sexual-assault-investigations
#13
Sally F Kelty, Roberta Julian, Eva Bruenisholz, Linzi Wilson-Wilde
Forensic science is increasingly used to help exonerate the innocent and establishing links between individuals and criminal activities. With increased reliance on scientific services provided by multi-disciplinary (police, medicine, law, forensic science), and multi-organisational in the private and government sectors (health, justice, legal, police) practitioners, the potential for miscommunication resulting unjust outcomes increases. The importance of identifying effective multi-organisational information sharing is to prevent the 'justice silo effect'; where practitioners from different organisations operate in isolation with minimal or no interaction...
April 2018: Forensic Science International
https://www.readbyqxmd.com/read/29384744/the-age-estimation-practice-related-to-illegal-unaccompanied-minors-immigration-in-italy
#14
F Pradella, V Pinchi, M Focardi, R Grifoni, M Palandri, G A Norelli
The migrants arrived to the Italian coasts in 2016 were 181.436, 18% more than the previous year and 6% more than the highest number ever since. An "unaccompanied minor" (UAM) is a third-country national or a stateless person under eighteen years of age, who arrives on the territory of the Member State unaccompanied by an adult responsible for him/her whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she entered the territory of the Member States...
December 1, 2017: Journal of Forensic Odonto-stomatology
https://www.readbyqxmd.com/read/29367171/the-uk-national-dna-database-implementation-of-the-protection-of-freedoms-act-2012
#15
REVIEW
Aaron Opoku Amankwaa, Carole McCartney
In 2008, the European Court of Human Rights, in S and Marper v the United Kingdom, ruled that a retention regime that permits the indefinite retention of DNA records of both convicted and non-convicted ("innocent") individuals is disproportionate. The court noted that there was inadequate evidence to justify the retention of DNA records of the innocent. Since the Marper ruling, the laws governing the taking, use, and retention of forensic DNA in England and Wales have changed with the enactment of the Protection of Freedoms Act 2012 (PoFA)...
March 2018: Forensic Science International
https://www.readbyqxmd.com/read/29282236/probable-standards-of-care-for-suicide-risk-assessment
#16
Joseph H Obegi
The legal standard of care for assessing and responding to suicide risk has historically been ambiguous, creating inconsistency in the testimony of forensic experts and uncertainty about clinical responsibilities among practitioners. In this article, I rigorously apply the legal concept of reasonable care to identify clinical activities that courts could collectively consider as evidence of reasonably careful suicide risk assessments. I derived six clinical activities, which I refer to as probable standards, from a review of legal scholarship in tort law, court cases involving suicidal behavior, and forensic papers on suicide risk assessment...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29220672/international-humanitarian-law-the-legal-framework-for-humanitarian-forensic-action
#17
Gloria Gaggioli
In armed conflicts, death is not an exceptional occurrence, but becomes the rule and occurs on a daily basis. Dead bodies are sometimes despoiled, mutilated, abandoned without any funeral rite and without a decent burial. Unidentified remains may be counted by hundreds or thousands. As a result, families look for years for missing relatives, ignorant of the fate of their loved ones. International Humanitarian Law, also called the laws of war or the law of armed conflict, is an international law branch, which has been developed to regulate and, as far as possible, to humanize armed conflicts...
January 2018: Forensic Science International
https://www.readbyqxmd.com/read/28939736/u-s-case-law-and-legal-precedent-affirming-the-due-process-rights-of-immigrants-fleeing-persecution
#18
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
#19
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
#20
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...
January 2018: Behavioral Sciences & the Law
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