Forensic DNA phenotyping (FDP) is an emerging technology that seeks to make probabilistic inferences regarding a person’s observable characteristics (“phenotype”) from DNA. The aim is to aid criminal investigations by helping to identify unknown suspected perpetrators, or to help with non-criminal missing persons cases. Here we provide results from the analysis of 36 interviews with those who have a professional stake in FDP, including forensic scientists, police officers, lawyers, government agencies and social scientists. Located in eight EU countries, (...) these individuals were asked for their views on the benefits and problems associated with the prospective use of FDP. While all interviewees distinguished between those phenotypic tests perceived to either raise ethical, social or political concerns from those tests viewed as less ethically and socially problematic, there was wide variation regarding the criteria they used to make this distinction. We discuss the implications of this in terms of responsible technology development. (shrink)

The results of forensic science are believed to be reliable, and are widely used in support of verdicts around the world. However, due to the lack of suitable empirical studies, we actually know very little about the reliability of such results. In this paper, I argue that phenomena analogous to the main culprits for the replication crisis in psychology are also present in forensic science. Therefore forensic results are significantly less reliable than is commonly believed. I conclude (...) that in order to obtain reliable estimates for the reliability of forensic results, we need to conduct studies analogous to the large-scale replication projects in psychology. Additionally, I point to some ways for improving the reliability of forensic science, inspired by the reforms proposed in response to the replicability crisis. (shrink)

Forensic science and its influence on policing and the criminal justice system have increased since the beginning of the twentieth century. While the philosophies of the forensic science pioneers remain the pillar of modern practice, rapid advances in technology and the underpinning sciences have seen an explosion in the number of disciplines and tools. Consequently, the way in which we exploit and interpret the remnant of criminal activity are adapting to this changing environment. In order to best exploit (...) the trace, an interdisciplinary approach to both research and investigation is required. In this paper, nine postdoctoral research fellows from a multidisciplinary team discuss their vision for the future of forensic science at the crime scene, in the laboratory and beyond. This paper does not pretend to be exhaustive of all fields of forensic science, but describes a portion of the postdoctoral fellows’ interests and skills. (shrink)

Forensic psychiatry is a particular subspecialty within psychiatry, dedicated in applying psychiatric knowledge and psychiatric training for particular legal purposes. Given that within the scope of forensic psychiatry, a third party usually intervenes in the patient-doctor relationship, an amendment of the traditional ethical principles seems justified. Thus, 47 articles, two book chapters and the guidelines produced by the World Psychiatric Association, the American Association of Psychiatry and the Law, as well as by the Royal Australian and New Zealand (...) College of psychiatrists, were analyzed. The review revealed that the ethics of correctional forensic psychiatry and those of legal forensic psychiatry do not markedly differ from each other, but they are incongruent in terms of implementation. In an effort to better understand which ethical principles apply to forensic psychiatry, a chronological review of the literature published from 1950 to 2015 was carried out. The ethics of correctional forensic psychiatry are primarily deontological. The principle of justice translates into the principle of health care equivalence, the principle of beneficence into providing the best possible care to patients, and the principle of respect of autonomy into ensuring confidentiality and informed consent. The ethics of legal forensic psychiatry are rather consequentialist. In this latter setting, the principle of justice is mainly characterized by professionalism, the principle of beneficence by objectivity and impartiality, and the principle of respect of autonomy by informed consent. However, these two distinct fields of forensic psychiatry share in common the principle of non maleficence, defined as the non collaboration of the psychiatrist in any activity leading to inhuman and degrading treatment or to the death penalty. (shrink)

Humanism in forensic psychiatry: the use of the tidal nursing modelThe humanist school of thought, which finds resonance in many conceptual models and theories designed to guide nursing practice, needs to be understood in the context of the total institution, where the individual is subjected to amortification of the self, and denied autonomy. This article will engage in a critical reflection on how humanism has influenced nursing theorists and the subsequent production of conceptual models and theories, especially as they (...) relate to the field of forensic psychiatric nursing. Although humanism provides optimism for nurse–patient relations, this article explores the incapability of such a philosophy to acknowledge the power relationships between individuals and its inability to explain the day‐to‐day realities experienced in forensic nursing, where the possibility of interpersonal violence reshapes nursing care. The tidal model will be discussed in detail as an example of a recently developed humanistic nursing model. Viewed from this perspective, it is clear that humanistic philosophy and its subsequent models of care are in discordance with the highly specialized field of forensic nursing. (shrink)

Occasional reports in the literature suggest that biological samples collected and stored for scientific research are sometimes accessed and used for a variety of forensic purposes. However, donors are almost never informed about this possibility. In this paper we argue that the possibility of forensic access may constitute a relevant consideration at least to some potential research subjects in deciding whether to participate in research. We make the suggestion that if some type of forensic access to research (...) collections is likely to be perceived by the subjects as a reason against donating their biological materials, there are good ethical reasons to make this type of access impossible or at least severely restricted. We also provide an ethical argument for the claim that, if a total ban on this type of forensic access cannot be achieved, potential research subjects should be informed about the extent to which this type of forensic access is possible. (shrink)

Based on an ethnographic study of fingerprint and DNA evidence practices in the Swedish judicial system, this article analyses the materialization of forensic evidence. It argues that forensic evidence, while popularly understood as firmly rooted in materiality, is inseparably technoscientific and cultural. Its roots in the material world are entangled threads of matter, technoscience and culture that produce particular bodily constellations within and together with a particular sociocultural context. Forensic evidence, it argues further, is co-materialized with crimes (...) as well as with particular bodily and social constellations. Consequently, the article suggests that an analysis of how forensic evidence is produced can contribute to feminist understandings of the inseparability of sex and gender: understanding bodies as ongoing technoscientific-material-cultural practices of materialization may be a fruitful approach to analysing their complexity, and the relationships in which they are placed, without surrendering to either cultural or biological determinism. Taking a theoretical point of departure not only in an STS-informed approach, but also in material feminist theorizations, the article also underlines that the suggested theoretical conversations across borders of feminist theory and STS should be understood as a two-way-communication where the two fields contribute mutually to each other. (shrink)

In the Netherlands, Forensic Flexible Assertive Community Treatment is used as a specialized form of outpatient intensive treatment. This outreaching type of treatment is aimed at patients with severe and long lasting psychiatric problems that are at risk of engaging in criminal behavior. In addition, these patients often suffer from addiction and experience problems in different areas of their life. The aim of this exploratory study was to gain more insight into the characteristics of the ForFACT patient population. More (...) knowledge about these patients may enhance the effectiveness of ForFACT and therefore reduce the risk of recidivism. Data on 132 ForFACT patients were gathered by studying electronic patient records, criminal records, and by conducting semi-structured interviews with practitioners and patients. Additionally, as part of a cognitive screening, two screening instruments were conducted to gain insight into intelligence and possible mild cognitive impairments. This article gives a broad description of the ForFACT patient population, including demographic data and context variables, diagnostics, recidivism risk and offense history, and aspects related to care. Furthermore, several recommendations are given to further improve ForFACT. Based on the results it can be concluded that the ForFACT patient population shows a high degree of diversity in complex care needs and responsivity issues. Therefore, this article highlights the necessity for ForFACT to collaborate with other mental health institutions, as well as probation officers, and forensic or criminal justice institutions. Moreover, it is important to continually check the inclusion and exclusion criteria when admitting patients to ForFACT, and to examine whether ForFACT is still the most adequate care for patients or if they need to be referred. In addition, the results emphasize the importance of cognitive screening for forensic outpatients. Finally, this study zooms in on the interface between forensic psychiatric care and general mental health care. (shrink)

New technology generates fantastic possibilities which challenge traditional distinctions between good and bad. Genetic analysis of DNA for forensic purposes is but one example of this. Here society’s need for convicting criminals can conflict with the same society’s need to assure the confidentiality of information about its members and their trust in its institutions. In order to illustrate the complexity of such challenges, a case report from Norway is presented. The point is to reflect on the way we handle (...) trailblazing health technologies in general and on cases where law and order is gained by means that can be conceived of as immoral in particular. The case calls for careful ethical reflection. (shrink)

The Division of Investigative Oversight within the U.S. Office of Research Integrity (ORI) is responsible for conducting oversight review of institutional inquiries and investigations of possible research misconduct. It is also responsible for determining whether Public Health Service findings of research misconduct are warranted. Although ORI findings rely primarily on the scope and quality of the institution’s analyses and determinations, ORI often has been able to strengthen the original findings by employing a variety of analytical methods, often computer based. Although (...) ORI does not conduct inquiries or investigations, it has broad authority to provide assistance to institutions at all stages of their reviews of allegations. This assistance can range from providing advice on best practices, to legal assistance, to suggestions for how best to investigate specific allegations. When asked, ORI can also conduct certain forensic analyses, such as a statistical examination of questioned digits or a simple examination of a questioned figure in Photoshop. ORI will not provide opinions or render judgment on such analyses while the institution is still conducting its investigation. Such analyses can be done without knowing much else about the case. (shrink)

In the context of debates on psychiatry issues pertaining to moral dimensions of psychiatric health care are frequently discussed. These debates invite reflection on the question whether forensic practitioners have a role in stimulating patients’ moral development and moral growth in the context of forensic psychiatric and psychological treatment and care. We conducted a qualitative study to examine to what extent forensic practitioners consider moral development and moral growth to be a part of their current professional practices (...) and to what extent they think that stimulating moral development is a legitimate objective in the context of forensic psychiatric treatment. In addition, we asked how forensic practitioners balance pubic safety and risk management concerns with the interests and wellbeing of the individual patient. We conclude that: elements of moral development and moral growth in forensic psychiatric care practices are to a certain extent inevitable and not necessarily questionable or undesirable; yet, as in similar debates these elements need to be made explicit in order to discuss the accompanying ethical challenges and boundaries. An open academic, professional and public debate on aspects of stimulating moral betterment within current practices is therefore desirable. (shrink)

In this brief report, the authors argue that while a lot of concerns about forensic DNA databases have been raised using arguments from biomedical ethics, these databases are used in a complete different context from other biomedical tools. Because they are used in the struggle against crime, the decision to create or store a genetic profile cannot be left to the individual. Instead, this decision is made by officials of a society. These decisions have to be based on a (...) policy that is the concretisation of some of society's most fundamental ideas about its own nature and function. Individuals wanting to influence these decisions have to try to influence this policy, within the bounds of a state's own self-concept. This article is an attempt to reorient the discussion about forensic DNA databases from a biomedical debate to a more political–philosophical one. (shrink)

Bortolotti’s Delusions and Other Irrational Beliefs defends the view that delusions are beliefs on a continuum with other beliefs. A different view is that delusions are more like illusions, that is, they arise from faulty perception. This view, which is not targeted by the book, makes it easier to explain why delusions are so alien and disabling but needs to appeal to forensic aspects of functioning.

The forensic two-trace problem is a perplexing inference problem introduced by Evett (J Forensic Sci Soc 27:375–381, 1987). Different possible ways of wording the competing pair of propositions (i.e., one proposition advanced by the prosecution and one proposition advanced by the defence) led to different quantifications of the value of the evidence (Meester and Sjerps in Biometrics 59:727–732, 2003). Here, we re-examine this scenario with the aim of clarifying the interrelationships that exist between the different solutions, and in (...) this way, produce a global vision of the problem. We propose to investigate the different expressions for evaluating the value of the evidence by using a graphical approach, i.e. Bayesian networks, to model the rationale behind each of the proposed solutions and the assumptions made on the unknown parameters in this problem. (shrink)

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science’s basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable—and may be neutralised—by paying closer attention to criminal adjudication’s normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. (...) Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. (shrink)

The forensic psychiatrist’s task is often considered to be tightly connected to the concept of free will. Yet, there is also a lack of clarity about the role of the concept of free will in forensic psychiatry. Recently, Morse has argued that forensic psychiatrists should not mention free will in their reports or testimonies, and, moreover, that they should not even think about free will. Starting from a discussion on Morse’s claims, I will develop my own view (...) on how forensic psychiatrists are confronted with the issue of free will and how they should deal with this concept and the confusion surrounding it. I conclude that psychiatrists should at least feel free to think about free will and that the conceptual challenges connected to the issues of free will and accountability could rather encourage than deter forensic psychiatrists to think about them. (shrink)

Since at least the mid-1970s, public health and law enforcement officials have conducted joint or parallel investigations of both health problems possibly associated with criminal intent and crimes having particular health dimensions. However, the anthrax and other terrorist attacks of fall 2001 have dramatically underscored the needs that public health and law enforcement officials have for a clear understanding of the goals and methods each discipline uses in investigating such problems, including and especially the potential use of biologic agents as (...) weapons of mass destruction. Recognition of these needs has prompted some experts to call for the application of “forensic epidemiology” to such problems. Even before the attacks of fall 2001, other problems, such as the detection of the West Nile Virus in the United States and concerns that the emergence of this infectious agent was the consequence of a deliberate act, raised novel challenges to the combined interests of public health and criminal investigators. (shrink)

Two books by Eyal Weizman — written together one with Thomas Keenan and the other with Matthew Fuller – make it possible to take a retrospective look at what was initially presented as ‘forensic aesthetics’ and has now been brought back to the proceedings of an ‘investigative aesthetics’. Considered as a whole, forensic _and_ investigative aesthetics is one of the most interesting perspectives opened up in the field of aesthetics in this early part of the 21st century. It (...) is a synthesis that brings together a series of disparate demands that have emerged on the social, political and philosophical levels with the thought of difference and with the questioning of the centrality of Western culture, sometimes confronted with its claims to colonial domination, sometimes dragged into contradictions that verge on caricature. The challenge of forensic, investigative aesthetics consists in rediscovering precisely at the aesthetic level the opportunities for a common feeling (“aesthetic commons”) in order to create a shared space beyond the classic distinction between the private and public spheres. Investigative and forensic aesthetichs focuses on the constitution of material culture, in particular on the production of images and their processual, constructive nature. Therefore, a critical approach becomes also a political proposition relying on the legibility of creative processes and offering to multiple communities formed on a case-by-case basis not the already constituted truth of a final evidence, an image for example, but precisely the formation process of a common sense. The undertaking is ambitious. Reconstructing some of its steps can be useful to determine its aspirations and better understand its theoretical path. (shrink)

For decades, courtrooms around the world have admitted evidence from forensic science analysts, such as fingerprint, tool-mark and bite-mark examiners, in order to solve crimes. Scientific progress, however, has led to significant criticism of the ability of such disciplines to engage in individualization i.e., “match” suspects exclusively to evidence. Despite this, American courts largely reject legal challenges based on arguments that identification evidence provided by these forensic science disciplines is unreliable. In so holding, these courts affirm precedent that (...) it is the adversarial system’s function to weed out frailties in forensic evidence, and find that criticism of the forensic sciences lacks sui generis qualities. This article provides an independent critique of relevant American case law, from which three themes emerge. These themes are (1) the law’s misuse of science; (2) law’s scepticism towards change; and (3) law’s narrow construction of rationality, which generates reductionist concepts, and divorces science from its social context. As such, this article shows how the American judiciary’s approach to this global issue provides a contemporary illustration of key institutional tensions between science and law, and offers some recommendations for reforms that aim to facilitate the legal process to utilize the most reliable forensic science evidence possible. (shrink)

This paper analyses ethical issues in forensic psychiatric research on mentally disordered offenders, especially those detained in the psychiatric treatment system. The idea of a 'dual role' dilemma afflicting forensic psychiatry is more complicated than acknowledged. Our suggestion acknowledges the good of criminal law and crime prevention as a part that should be balanced against familiar research ethical considerations. Research aiming at improvements of criminal justice and treatment is a societal priority, and the total benefit of studies has (...) to be balanced against the risks for research subjects inferred by almost all systematic studies. Direct substantial risks must be balanced by health benefits, and normal informed consent requirements apply. When direct risks are slight, as in register-based epidemiology, lack of consent may be counter-balanced by special measures to protect integrity and the general benefit of better understanding of susceptibility, treatment and prevention. Special requirements on consent procedures in the forensic psychiatric context are suggested, and the issue of the relation between decision competence and legal accountability is found to be in need of further study. The major ethical hazard in forensic psychiatric research connects to the role of researchers as assessors and consultants in a society entertaining strong prejudices against mentally disordered offenders. (shrink)

The central topic of this paper is a mobile phone application, ‘InformaCam’, which turns metadata from a surveillance risk into a method for the production of public proof. InformaCam allows one to manage and delete metadata from images and videos in order to diminish surveillance risks related to online tracking. Furthermore, it structures and stores the metadata in such a way that the documentary material becomes better accommodated to evidentiary settings, if needed. In this paper I propose InformaCam should be (...) interpreted as a ‘forensic device’. By using the conceptualization of forensics and work on socio-technical devices the paper discusses how InformaCam, through a range of interventions, rearranges metadata into a technology of evidence. InformaCam explicitly recognizes mobile phones as context aware, uses their sensors, and structures metadata in order to facilitate data analysis after images are captured. Through these modifications it invents a form of ‘sensory data forensics'. By treating data in this particular way, surveillance resistance does more than seeking awareness. It becomes engaged with investigatory practices. Considering the extent by which states conduct metadata surveillance, the project can be seen as a timely response to the unequal distribution of power over data. (shrink)

This paper utilizes the framework of Karl Popper’s 3-world ontology to make the case that forensic science is a specialized coding system that establishes meaningful connections between the world of biology and the world of human society . Forensic science is a cross-disciplinary endeavor that uses scientific methods to determine what transpired in a crime so the legal system can determine how to prosecute the offender. On a Popperian analysis of forensic science, world 1 consists of evidence (...) gathered at the crime scene, which enables investigators to develop a detailed reconstruction of the incident for consideration under the legal and ethical codes of society, which are products of world 3. Understanding forensic science in this way serves two purposes: first, it extends Marcello Barbieri’s code biology into the realm of philosophical considerations in science, law and ethics; and second, it situates forensic science within the larger context of debates in contemporary philosophy of science. (shrink)

Scientific evidence is often more reliable than other types of evidence commonly used in criminal trials – i.e., eyewitness identifications, confessions, and informant testimony. Nevertheless, despite its obvious value, forensic science has not always merited the term “science.” Three developments in the 1990s focused attention on its shortcomings: the advent of DNA profiling, the Supreme Court's “junk science” decision, and a number of wellpublicized crime laboratory scandals. In light of these developments, and in order to take full advantage of (...) the power of forensic science to aid in the search for truth, a number of reforms are needed: Crime laboratories should be accredited, lab procedures should be standardized, and basic research needs to be conducted on many commonly used techniques. Court procedures also require improvement: Defense experts should be more readily available to indigent defendants, and more comprehensive pretrial disclosure of the substance of expert testimony should be provided. (shrink)

David Houston Jones builds a bridge between practices conventionally understood as forensic, such as crime scene investigation, and the broader field of activity which the forensic now designates, for example performance and installation art, as well as photography. Contemporary work in these areas responds both to forensic evidence, including crime scene photography, and to some of the assumptions underpinning its consumption. It asks how we look, and in whose name, foregrounding and scrutinising the enduring presence of voyeurism (...) in visual media and instituting new forms of ethical engagement. Such work responds to the object-oriented culture associated with the forensic and offers a reassessment of the relationship of human voice and material evidence. It displays an enduring debt to the discursive model of testimony which has so far been insufficiently recognised, and which forms the basis for a new ethical understanding of the forensic. Jones's analysis brings this methodology to bear upon a strand of contemporary visual activity which has the power to significantly redefine our understandings of the production, analysis and deployment of evidence. Artists examined include Forensic Architecture, Simon Norfolk, Melanie Pullen, Angela Strassheim, John Gerrard, Julian Charrière, Trevor Paglen, Laura Poitras and Sophie Ristelhueber. The book will be of interest to scholars working in art history, visual culture, literary studies, modern languages, photography and critical theory. (shrink)

Forensic archaeology, the application of archaeological methods in a criminal framework, has undergone a rapid process of acceptance and development. From the initial occasional involvement of archaeologists in the search for and recovery of murder victims in the late 1970s, to the general acceptance of archaeological methods, such as shallow level geophysics, this chapter provides a brief history of forensic archaeology in the United Kingdom and beyond. It outlines the ways in which an archaeologist’s understanding of formation processes (...) and skills in the interpretation of human behaviour from physical alterations to the landscape can be of benefit to different stages and types of investigation. Discussing the way in which the archaeologist can usefully contribute to the investigation of a crime, the chapter looks at the methods which have been successfully applied in a number of high-profile cases and the considerations which the forensic archaeologist must make which are not an issue for ‘traditional’ archaeology. In a discipline which has reached a critical point in its development with the acknowledgement that archaeological skills should regularly form an integral part of crime scene investigation and an increase in professional training, the authors explain how forensic archaeology is now moving to increased standardization and attempts at quality assurance. (shrink)

Managing aggression in mental health hospitals is an important and challenging task for clinical nursing staff. A majority of studies focus on the perspective of clinicians, and research mainly depicts aggression by referring to patient-related factors. This qualitative study investigates how aggression is communicated in forensic mental health nursing records. The aim of the study was to gain insight into the discursive practices used by forensic mental health nursing staff when they record observed aggressive incidents. Textual accounts were (...) extracted from the Staff Observation Aggression Scale-Revised (SOAS-R), and Fairclough’s Critical Discourse Analysis was used to identify short narrative entries depicting patients and staffs in typical ways. The narratives contained descriptions of complex interactions between patient and staff that were linked to specific circumstances surrounding the patient. These antecedents, combined with the aggression incident itself, created stereotyping representations of forensic psychiatric patients as deviant, unpredictable and dangerous. Patient and staff identities were continually (re)produced by an automatic response from the staff that was solely focused on the patient’s behavior. Such response might impede implementation of new strategies for managing aggression. (shrink)

The prelims comprise: Introduction How it Works Sources of Error and Uncertainty DNA Typing Results as Legal Evidence The Legal Reception of DNA Typing DNA Typing and the Judicial Assessment of Scientific Evidence Social Impact: Criminal Investigation and Adjudication Conclusion Notes.

The political and financial investments in the implementation of forensic DNA databases and the ethical issues related to their use and expansion justify inquiries into their performance and general utility. The main function of a forensic DNA database is to produce matches between individuals and crime scene stains, which requires a constant input of individual profiles and crime scene stains. This is conditioned, among other factors, by the legislation, namely the criteria for inclusion of profiles and the periods (...) of time and conditions for their retention and/or deletion. This article aims to provide an overview of the different legislative models for DNA databasing in Europe and ponder if wider inclusion criteria – and, consequently, database size – translates into more matches between profiles of crime scene stains and included individuals. The legislation governing forensic DNA databases in 22 countries in the European Union was analysed in order to propose a typology of two major groups of legislative criteria for inclusion/retention of profiles that can be classified as having either expansive effects or restrictive effects. We argue that expansive criteria for inclusion and retention of profiles do not necessarily translate into significant gains in output performance. (shrink)

Introduction: This article discusses ethical, legal and social issues raised by the collection, storage and use of DNA in forensic databases. Review: The largest and most inclusive forensic database in the world, the UK National DNA database, leads the worldwide trend towards greater inclusivity. The performance of the NDNAD, criteria for inclusion, legislative framework and plans for integrating forensic databases across Europe are discussed. Comparisons are drawn with UK biobank that has started collecting DNA samples linked to (...) medical records and, unlike the NDNAD, requires informed consent from volunteers, allows withdrawal of samples and only includes adults. The potential uses of research into genes associated with violent and ‘antisocial’ behaviour are discussed in the context of an increasing degree of surveillance in the UK. Conclusion: It should not be assumed that the benefits of forensic databases will necessarily override the social and ethical costs, regardless of changes to the criteria for inclusion or the permitted uses of samples and profiles. The expansion of forensic databases raises issues of relevance to the medical profession. (shrink)

The forensic use of DNA involves the public in a number of roles. The rapid adoption of DNA identification as a part of the legal system and continuing developments have afforded little opportunity to thoroughly interrogate public understandings of issues. This article reports on a survey that explores public understanding of the forensic use of DNA: sources of knowledge, understandings of processes, and attitudes toward DNA use. Overall, knowledge about DNA use was limited, particularly around means of taking (...) samples and storage, and two thirds stated that they did not have enough information about DNA use. While the majority agreed that such use of DNA is “a great step forward,” they “would be happy to give a DNA sample if requested,” and considered DNA evidence to be important, concern was indicated about some areas, such as possible mistakes. This was particularly the case for indigenous peoples. (shrink)

Mental health clinicians and evaluators of a person's mental health for legal purposes must address highly nuanced and possibly conflicting goals that arise in their work. Forensic Neuropsychiatric Ethics reviews real-life dilemmas facing practitioners who work in the field of mental health. The first two chapters ground the reader in the modern history and evolution of forensic ethics. Subsequent chapters provide practical direction on a range of important topics, including maintaining robust professionalism, writing an ethical report, testifying ethically, (...) participating in capital cases, managing bias and subjectivity, incorporating testing into one's opinion, and working in leadership roles. Other topics include providing informed consent; violating confidentiality; considering advance directives and physician assistance in dying; fulfilling the Tarasoff duty to protect; ethical considerations related to assisted outpatient treatment; the assessment and potential removal of firearms; the termination of pregnancy and decisional capacity; recognition of structural and implicit bias in violence risk assessments; and implications for the use of neuroscience and artificial intelligence in the courtroom. The book is written for all clinicians, forensic evaluators, educators, administrators, lawyers, and judges. (shrink)

Forensic psychiatry is pervaded by moral dilemmas. Although professionals in forensic psychiatry are trained in law and psychiatry and are certainly aware of ethical issues in the care for patients, they tend to make decisions in an implicit way and not to discuss their moral concerns or doubts. More structural attention for ethics seems to be required. In this paper, we show the value of moral case deliberation in forensic psychiatry. Moral case deliberation is a specific kind (...) of clinical ethics support in which healthcare professionals discuss a moral issue from practice in a structured way, facilitated by an ethicist or specifically trained facilitator. It is applicable to a wide array of situations in healthcare practice. In contrast to other models of clinical ethics support, such as individual consultation, the focus is on the moral experience of professionals and using a structured method to foster dialog and joint moral learning. In this paper, an example of case on a forensic ward is presented. The case shows that moral case deliberation leads to reflection on values and stimulates openness and honesty regarding uncertainties. Moreover, the deliberation provides room for new insights and creates a basis for a joint decision on how to proceed further, recognizing the tensions and difficulties involved. (shrink)

Contract cheating is a major problem in Higher Education because it is very difficult to detect using traditional plagiarism detection tools. Digital forensics techniques are already used in law to determine ownership of documents, and also in criminal cases, where it is not uncommon to hide information and images within an ordinary looking document using steganography techniques. These digital forensic techniques were used to investigate a known case of contract cheating where the contract author has notified the university and (...) the student subsequently confirmed that they had contracted the work out. Microsoft Word documents use a format known as Office Open XML Format, and as such, it is possible to review the editing process of a document. A student submission known to have been contracted out was analysed using the revision identifiers within the document, and a tool was developed to review these identifiers. Using visualisation techniques it is possible to see a pattern of editing that is inconsistent with the pattern seen in an authentic document. (shrink)

If one considers the Collingridge dilemma to be a dilemma awaiting a solution, one has implicitly abandoned a genuinely historical conception of the future and adopted instead a notion of the future as an object of technical design, the realisation of technical possibility or as wish-fulfilment. The definition of technology assessment (TA) as a successful response to the Collingridge dilemma renders it a technoscience that shares with all the others the conceit of being able, supposedly, to shape the future. An (...) alternative way of pursuing TA begins with an analysis of our age of technoscience, including its impoverished conception of the future. A critical appreciation of this conception gives rise to a forensics of wishing. (shrink)

This book is a penetrating analysis of the forensic mental health system - how it operates, the people involved, the problems inherent in the system, and the huge ethical dilemmas. It brings together a range of specialists, who describe the processes involved in dealing with a mentally disordered offender - from their own unique perspective.

Sexual Forensics in Victorian and Edwardian England est une étude riche et sagace de l’histoire culturelle de la médecine légale anglaise à l’époque victorienne et édouardienne. Partant des audiences de tribunaux jugeant des faits de violences sexuelles entre 1850 et 1915, l’historienne de la médecine Victoria Bates montre comment science et droit s’associent dans la construction de l’image stéréotypée de « la » victime. Malgré l’augmentation du nombre des plaintes pour violences sexuelles, l...

Resumen: El objetivo de este trabajo es describir la situación actual y las proyecciones de la comparación forense de la voz en Chile, a la luz de los estándares internacionales que se enfocan en la producción de evidencia confiable, que pueda ser utilizada en los tribunales de justicia. Para ello, en principio, se dan a conocer los fundamentos científicos que caracterizan esta rama de las ciencias forenses y, luego, sobre esa base se analiza y comenta la situación de Chile y (...) sus proyecciones, tanto en la práctica como en la investigación forense. Abstract: The objective of this work is to describe the current situation and the projections of forensic voice comparison in Chile, in the light of international standards that focus on the production of reliable evidence that can be used in the courts of justice. To do this, first, the scientific foundations that characterize this branch of forensic sciences are disclosed and, then, on that basis, the situation in Chile and its projections are analyzed and discussed, both in practice and in the forensic research. (shrink)

The publication of a new ethics code for the American Psychological Association (1992), new guidelines (Committee on Ethical Guidelines for Forensic Psychologists, 1991), and two new versions of the Minnesota Multiphasic Personality Inventory (the MMPI-2, Butcher, Dahlstrom, Graham, Tellegen, & Kaemmer, 1989; and the MMPI-A, Butcher et al., 1992) provide an opportunity to review ethical aspects of forensic assessment. Seven major issues-appropriate graduate training, competence in the use of standardized tests, using tests that fit the task, using tests (...) that fit the individual, administering tests correctly, using computers appropriately in forensic assessment, and assessing and reporting factors that may affect the meaning of test findings - are discussed. The revision of the MMPI is used to illustrate some of these issues. (shrink)

In an Internet of Things (IoT) environment, IoT devices are typically connected through different network media types such as mobile, wireless and wired networks. Due to the pervasive nature of such devices, they are a potential evidence source in both civil litigation and criminal investigations. It is, however, challenging to identify and acquire forensic artefacts from a broad range of devices, which have varying storage and communication capabilities. Hence, in this paper, we first propose an IoT network architecture for (...) the forensic purpose that uses machine learning algorithms to autonomously detect IoT devices. Then we posit the importance of focusing on the links between different IoT devices (e.g. whether one device is controlled or can be accessed from another device in the system), and design an approach to do so. Specifically, our approach adopts a graph for modelling IoT communications’ message flows to facilitate the identification of correlated network traffic based on the direction of the network and the associated attributes. To demonstrate how such an approach can be deployed in practice, we provide a proof of concept using two IoT controllers to generate 480 commands for controlling two IoT devices in a smart home environment and achieve an accuracy rate of 98.3% for detecting the links between devices. We also evaluate the proposed autonomous discovering of IoT devices and their activities in a TCP network by using real-world measurements from a public dataset of a popular off-the-shelf smart home deployed in two different locations. We selected 39 out of 81 different IoT devices for this evaluation. (shrink)

Professor Whitehead has provided a new translation of the five surviving forensic speeches of the Athenian lawyer-politician Hypereides. Hypereides' importance lies not only in his speeches, but also in his centrality in the political life of ancient Athens, as a contemporary of Demosthenes, and one of the canonical Ten Attic Orators. This book, which includes a general introduction and lavish historical and literary commentary, represents the first complete collection of Hypereides' works in any language.

Information from forensic genetic tests of crime scene samples has been used to make claims about suspects' race and appearance. This article discusses and critiques the techniques used to make such claims, and raises policy concerns about them.