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Forensic; Legal; Law;

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 According to the law, biological samples withdrawn during an autopsy can't be given back to the families after analysis(art. 230-30 CPP).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...
March 8, 2018: La Presse Médicale
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
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
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
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
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...
January 31, 2018: Forensic Science International
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
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)...
January 5, 2018: Forensic Science International
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
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
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
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
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
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 2017: Der Nervenarzt
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
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
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
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
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
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
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