In recent years, discussion around memory modification interventions has gained attention. However, discussion around the use of memory interventions in the criminal justice system has been mostly absent. In this paper we start by highlighting the importance memory has for human well-being and personal identity, as well as its role within the criminal forensic setting; in particular, for claiming and accepting legal responsibility, for moral learning, and for retribution. We provide examples of memory interventions that are (...) currently available for medical purposes, but that in the future could be used in the forensic setting to modify criminal offenders’ memories. In this section we contrast the cases of dampening and enhancing memories of criminal offenders. We then present from a pragmatic approach some pressing ethical issues associated with these types of memory interventions. The paper ends up highlighting how these pragmatic considerations can help establish ethically justified criteria regarding the possibility of interventions aimed at modifying criminal offenders’ memories. (shrink)

Extended Reality (XR) systems, such as Virtual Reality (VR) and Augmented Reality (AR), provide a digital simulation either of a complete environment, or of particular objects within the real world. Today, XR is used in a wide variety of settings, including gaming, design, engineering, and the military. In addition, XR has been introduced into psychology, cognitive sciences and biomedicine for both basic research as well as diagnosing or treating neurological and psychiatric disorders. In the context of XR, the simulated ‘reality’ (...) can be controlled and people may safely learn to cope with their feelings and behavior. XR also enables to simulate environments that cannot easily be accessed or created otherwise. Therefore, Extended Reality systems are thought to be a promising tool in the resocialization of criminal offenders, more specifically for purposes of risk assessment and treatment of forensic patients. Employing XR in forensic settings raises ethical and legal intricacies which are not raised in case of most other healthcare applications. Whereas a variety of normative issues of XR have been discussed in the context of medicine and consumer usage, the debate on XR in forensic settings is, as yet, straggling. By discussing two general arguments in favor of employing XR in criminal justice, and two arguments calling for caution in this regard, the present paper aims to broaden the current ethical and legal debate on XR applications to their use in the resocialization of criminal offenders, mainly focusing on forensic patients. (shrink)

The United States Supreme Court has long recognized the value of scientific evidence - especially when compared to other types of evidence such as eyewitness identifications, confessions, and informant testimony. For example, in Escobedo v. Illinois, the Court observed: “We have learned the lesson of history, ancient and modern, that a system of criminal law enforcement which comes to depend on the ‘confession’ will, in the long run, be less reliable and more subject to abuses than a system which (...) depends on extrinsic evidence independently secured through skillful investigation.” Similarly, in Davis v. Mississippi, the Court commented:Detention for fingerprinting may constitute a much less serious intrusion upon personal security than other types of police searches and detentions. Fingerprinting involves none of the probing into an individual's private life and thoughts that marks an interrogation or search. Nor can fingerprint detention be employed repeatedly to harass any individual, since the police need only one set of each person's prints. Furthermore, fingerprinting is an inherently more reliable and effective crime-solving tool than eyewitness identifications or confessions and is not subject to such abuses as the improper line-up and the “third degree.”. (shrink)

Academic misconduct in all its various forms is a challenge for degree-granting institutions. Whilst text-based plagiarism can be detected using tools such as Turnitin™, Plagscan™ and Urkund™, contract cheating and collusion can be more difficult to detect, and even harder to prove, often falling to no more than a ‘balance of probabilities’ rather than fact. To further complicate the matter, some students will make deliberate attempts to obfuscate cheating behaviours by submitting work in Portable Document Format, in image form, or (...) by inserting hidden glyphs or using alternative character sets which text matching software does not always accurately detect.Educators do not tend to think of academic misconduct in terms of criminality per se, but the tools and techniques used by digital forensics experts in law enforcement can teach us much about how to investigate allegations of academic misconduct. The National Institute of Standards and Technology’s Glossary describes digital forensics as ‘the application of computer science and investigative procedures involving the examination of digital evidence - following proper search authority, chain of custody, validation with mathematics, use of validated tools, repeatability, reporting, and possibly expert testimony.’. These techniques are used in criminal investigations as a means to identify the perpetrator of, or accomplices to, a crime and their associated actions. They are sometimes used in cases relating to intellectual property to establish the legitimate ownership of a variety of objects, both written and graphical, as well as in fraud and forgery. Whilst there have been some research articles and case studies that demonstrate the use of digital forensics techniques to detect academic misconduct as proof of concept, there is no evidence of their actual deployment in an academic setting.This paper will examine some of the tools and techniques that are used in law enforcement and the digital forensics field with a view to determining whether they could be repurposed for use in an academic setting. These include methods widely used to determine if a file has been tampered with that could be repurposed to identify if an image is plagiarised; file extraction techniques for examining meta data, used in criminal cases to determine authorship of documents, and tools such as FTK™ and Autopsy™ which are used to forensically examine single files as well as entire hard drives. The paper will also present a prototype of a bespoke software tool that attempts to repurpose some of these techniques into an automated process for detecting plagiarism and / or contract cheating in Word documents.Finally, this article will discuss whether these tools have a place in an academic setting and whether their use in determining if a student’s work is truly their own is ethical. (shrink)

The United States Supreme Court has long recognized the value of scientific evidence – especially when compared to other types of evidence such as eyewitness identifications, confessions, and informant testimony. For example, inEscobedo v. Illinois, the Court observed: “We have learned the lesson of history, ancient and modern, that a system of criminal law enforcement which comes to depend on the –confession— will, in the long run, be less reliable and more subject to abuses than a system which depends (...) on extrinsic evidence independently secured through skillful investigation.” Similarly, inDavis v. Mississippi, the Court commented:Detention for fingerprinting may constitute a much less serious intrusion upon personal security than other types of police searches and detentions. Fingerprinting involves none of the probing into an individual's private life and thoughts that marks an interrogation or search. Nor can fingerprint detention be employed repeatedly to harass any individual, since the police need only one set of each person's prints. Furthermore, fingerprinting is an inherently more reliable and effective crime-solving tool than eyewitness identifications or confessions and is not subject to such abuses as the improper line-up and the “third degree.”. (shrink)

This book charts the historical development of 'forensic objectivity' through an analysis of the ways in which objective knowledge of crimes, crime scenes, crime materials and criminals is achieved. Taking an interdisciplinary approach, with authors drawn from law, history, sociology and science and technology studies, this work shows how forensic objectivity is constructed through detailed crime history case studies, mainly in relation to murder, set in Scotland, England, Germany, Sweden, USA and Ireland. Starting from the mid-nineteenth century and (...) continuing to the present day, the book argues that a number of developments were crucial. These include: the beginning of crime photography, the use of diagrams and models specially constructed for the courtroom so jurors could be ‘virtual witnesses’, probabilistic models of certainty, the professionalization of medical and scientific expert witnesses and their networks, ways of measuring, recording and developing criminal records and the role of the media, particularly newspapers in reporting on crime, criminals and legal proceedings and their part in the shaping of public opinion on crime. This essential title demonstrates the ways in which forensic objectivity has become a central concept in relation to criminal justice over a period spanning 170 years. (shrink)

The paper sets out the challenges facing the Police in respect of the detection and prevention of the volume crime of burglary. A discussion of data mining and decision support technologies that have the potential to address these issues is undertaken and illustrated with reference the authors’ work with three Police Services. The focus is upon the use of “soft” forensic evidence which refers to modus operandi and the temporal and geographical features of the crime, rather than “hard” evidence (...) such as DNA or fingerprint evidence. Three objectives underpin this paper. First, given the continuing expansion of forensic computing and its role in the emergent discipline of Crime Science, it is timely to present a review of existing methodologies and research. Second, it is important to extract some practical lessons concerning the application of computer science within this forensic domain. Finally, from the lessons to date, a set of conclusions will be advanced, including the need for multidisciplinary input to guide further developments in the design of such systems. The objectives are achieved by first considering the task performed by the intended systems users. The discussion proceeds by identifying the portions of these tasks for which automation would be both beneficial and feasible. The knowledge discovery from databases process is then described, starting with an examination of the data that police collect and the reasons for storing it. The discussion progresses to the development of crime matching and predictive knowledge which are operationalised in decision support software. The paper concludes by arguing that computer science technologies which can support criminal investigations are wide ranging and include geographical information systems displays, clustering and link analysis algorithms and the more complex use of data mining technology for profiling crimes or offenders and matching and predicting crimes. We also argue that knowledge from disciplines such as forensic psychology, criminology and statistics are essential to the efficient design of operationally valid systems. (shrink)

The prevention of sexual violence is a major goal of sexual health. In cases of accused sexual offenders, the assessment of diminished criminal responsibility of the accused is one of the most important procedures undertaken by experts in the German legal system. This assessment follows a two-stage method assessing first the severity of a paraphilic disorder and then second criteria for or against diminished capacity. The present study examines the predictive validity of two different sets of criteria for the (...) assessment of criminal responsibility in the context of paraphilic disorders combined with sexual offending. Two exemplary case vignettes of two suspected sexual offenders were developed to assess the criteria. For each participant, one of the two exemplary case vignettes was randomly presented. The presentation of the two different sets of criteria was also randomized, so that each participant was assigned only one of the two criteria sets to rate one of the presented cases. N = 349 participants from different professional backgrounds completed their assessments and were included in the data analysis. The data were evaluated using logistic regression. Results show that the more recently published criteria set predicts both the severity of the disorder as well as the diminished capacity twice as good as the older criteria set of Boetticher et al. currently used regularly for forensic court reports. In preliminary conclusion, the new criteria of Briken and Müller form an empirically based assessment of criminal responsibility. However, the proposed criteria cannot replace an extensive exploration of the accused person and a careful file analysis. Validity and reliability of the results are also limited due to the methodical choice of a vignette study. (shrink)

This unique text is organized around the most current ethical and legal standards as defined by the mental health professionals of psychology, social work, ...

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)

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)

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)

Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.

The Hare Psychopathy Checklist (PCL; Hare, Neumann, & Mokros 2018) scales are among the most widely used forensic assessment tools. Their perceived utility rests partly on their ability to assess stable personality traits indicative of a lack of conscience, which then facilitates behavioral predictions useful in forensic decisions. In this systematic review, we evaluate the empirical evidence behind 3 fundamental justifications for using the PCL scales in forensics, namely, that they are empirically predictive of (1) criminal behavior, (...) (2) treatment outcomes, and (3) a lack of conscience. We found the PCL scales can predict criminal behavior to a statistically significant degree, though with important limitations. We found no evidence of PCL psychopathy being predictive of treatment and rehabilitation outcomes. We found no evidence of PCL psychopathy being predictive of a lack of conscience. These findings disprove widespread beliefs about PCL psychopathy among forensic practitioners and questions the current and future role of the PCL scales in forensic settings. (shrink)

In the present manuscript, we comment upon a paper that strongly criticized an expert report written by the consultants of the defense in a case of pedophilia, in which clinical and neuro-scientific data were used to establish the causal link between brain alterations and onset of criminal behavior. These critiques appear to be based mainly on wrong pieces of information and on a misinterpretation of the logical reasoning adopted by defense consultants. Here we provide a point-by-point reply to the (...) issues raised in the above paper and also discuss the potential role that neuroscience may contribute in the forensic context. Did the forensic neuroscience defense consultants claim the existence of a deterministic relationship between brain structure or function and behavior? How did the neuroscientific logic work in this specific case? How may the classic psychiatric/neurologic examination and neuroscientific evidence work side by side? Does the rarity of a disease impact on the causal relationship between the disease and the crime? Do neuroscientific data need to be interpreted? We address the above questions and conclude that neuroscience may strengthen the results of psychiatric evaluations, thus reducing uncertainty in the forensic settings. (shrink)

Forensic DNA phenotyping is a genetic technology that might be used in criminal investigations. Based on DNA samples of the human body found at crime scenes, it allows to infer externally visible characteristics (such as eye, hair and skin colour) and continental-based biogeographical ancestry. By indicating the probable visible appearance of a criminal suspect, forensic DNA phenotyping allows to narrow down the focus of a criminal investigation. In this article, drawing on interviews with forensic (...) geneticists, we explore how their narratives translate contemporary focus on criminal molecularized bodies. We propose the concept of (de)materialization to approach three aspects of the forensic geneticists’ views. The first regards considering bodies as mutable entities. The second relates to socially contingent meanings attributed to bodies. The third regards to controversies surrounding data reliability. By reflecting upon the (de)materialization of criminal bodies, forensic geneticists juxtapose the defence and unsettling of forensic DNA phenotyping claims. (shrink)

Mealey's sociobiological model of sociopathy could profit from attachment theory, in particular, the theory and research on the basis of the Adult Attachment Interview (Main & Goldwyn 1985–1993). Findings of an adult attachment study in a forensic psychiatric setting are summarized. Three attachment-oriented strategies for families, schools, and forensic settings are proposed to help reduce or prevent secondary sociopathy and criminal recidivism.

Drawing on Brown and Fraser’s (in: Giles, Scherer (eds) Social markers in speech, Cambridge University Press, Cambridge, pp 33–62, 1979) framework for the analysis of communicative situations and Fuentes Rodríguez’s (Lingüística pragmática y Análisis del discurso, Arco Libros, Madrid, 2000; in Estudios de Lingüística: Investigaciones lingüísticas en el siglo XXI, 2009. https://doi.org/10.14198/ELUA2009.Anexo3.04 ) model of pragmatic analysis, this paper examines three home-made recordings featuring some of the members of the terrorist cell responsible for the 2017 vehicle-ramming attacks in Barcelona and (...) Cambrils weighted as evidence during the trial held between November 2020 and May 2021 in the Spanish National High Court. The aim of this qualitative analysis is to test whether the linguistic evidence available supports the allegation that the participation in these recordings by one of the accused, Mohamed Houli Chemlal, had been planned by his interlocutors. Results show, first, that the exchanges analyzed present features indicative of both spontaneity and (limited) planification. Second, that Houli makes key contributions to the unfolding of the interactions shown in the recordings and that he does so in a cooperative and apparently relaxed manner, which could at best provide only partial support to his allegations. It is claimed that forensic linguistic analysis can generate valuable insights within terrorism-related legal proceedings. (shrink)

This essay explores the efforts of forensic pathologists in the United States to establish the intellectual and social territory of their specialty, both inside and outside of medicine, and to control the institutional context of its practice. This process pitted forensic pathologists againstpowerful political machines for control of the coroner's office, where the application of medical knowledge legitimized social policy; against the legal profession for control of the application of forensic science in the courts; and against fellow (...) members of the American medical profession for control of entry to the specialty. (shrink)

Nurses working in forensic psychiatric settings face unique challenges in practice, where they take on a dual role of custody and caring. Patient resistance is widespread within these restrictive settings and can take many forms. Perhaps the most disturbing form of resistance entails a patient's weaponization of their bodily fluids, with nurses as their target. The tendency in assigning motive for this act is to relegate to the psychopathology of the patient. This paper will adopt a poststructuralist perspective to (...) reexamine this phenomenon as an act of resistance through the lens of Kristeva's concept of abjection. Patients confined in these settings have little sense of control, and in resistance may resort to the only thing available: their bodily fluids. By weaponizing the abject, patients actively violate and permeate the physical and psychological boundaries of nurses—the very boundaries considered crucial to safe and professional forensic psychiatric nursing practice. By recognizing this phenomenon as an act of resistance to confinement and loss of control, nurses may reorient their approach to care in forensic psychiatric settings. (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)

A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the (...) European legal context, ethicists have called for the recognition of a novel fundamental legal right to mental privacy. In this paper, we explore whether these ethical calls for recognising a novel legal right to mental privacy are necessary in the European context. We argue that a right to mental privacy could be derived from, or at least developed within in the jurisprudence of the European Court of Human Rights, and that introducing an additional fundamental right to protect against brain-reading is not necessary. What is required, however, is a specification of the implications of existing rights for particular neurotechnologies and purposes. (shrink)

A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the (...) European legal context, ethicists have called for the recognition of a novel fundamental legal right to mental privacy. In this paper, we explore whether these ethical calls for recognising a novel legal right to mental privacy are necessary in the European context. We argue that a right to mental privacy could be derived from, or at least developed within in the jurisprudence of the European Court of Human Rights, and that introducing an additional fundamental right to protect against brain-reading is not necessary. What is required, however, is a specification of the implications of existing rights for particular neurotechnologies and purposes. (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)

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)

Forensic evaluations of insanity have recently borne witness to an influx of neuroimaging methods, especially structural and functional magnetic resonance imaging and positron emission tomography, to assist in the development of explanations that help to excuse legal responsibility for criminal behavior. The results of these scanning methods have been increasingly introduced in legal settings to offer or support a clinical diagnosis that in turn suggests that an individual was incapable of knowing right from wrong, or to pinpoint brain (...) dysfunction suggestive of an inability to control behavior. This paper examines how neuroimaging has been employed in insanity evaluations. After addressing the contentious use of neuroimaging scans in insanity evaluations and synthesizing relevant research, we conclude that such scans presently hold limited applicability for forensic determinations of insanity. Furthermore, they can in some cases distract the trier of fact, potentially leading to erroneous conclusions. (shrink)

Forensic evaluations of insanity have recently borne witness to an influx of neuroimaging methods, especially structural and functional magnetic resonance imaging and positron emission tomography, to assist in the development of explanations that help to excuse legal responsibility for criminal behavior. The results of these scanning methods have been increasingly introduced in legal settings to offer or support a clinical diagnosis that in turn suggests that an individual was incapable of knowing right from wrong, or to pinpoint brain (...) dysfunction suggestive of an inability to control behavior. This paper examines how neuroimaging has been employed in insanity evaluations. After addressing the contentious use of neuroimaging scans in insanity evaluations and synthesizing relevant research, we conclude that such scans presently hold limited applicability for forensic determinations of insanity. Furthermore, they can in some cases distract the trier of fact, potentially leading to erroneous conclusions. (shrink)

Forensic evaluations of insanity have recently borne witness to an influx of neuroimaging methods, especially structural and functional magnetic resonance imaging and positron emission tomography, to assist in the development of explanations that help to excuse legal responsibility for criminal behavior. The results of these scanning methods have been increasingly introduced in legal settings to offer or support a clinical diagnosis that in turn suggests that an individual was incapable of knowing right from wrong, or to pinpoint brain (...) dysfunction suggestive of an inability to control behavior. This paper examines how neuroimaging has been employed in insanity evaluations. After addressing the contentious use of neuroimaging scans in insanity evaluations and synthesizing relevant research, we conclude that such scans presently hold limited applicability for forensic determinations of insanity. Furthermore, they can in some cases distract the trier of fact, potentially leading to erroneous conclusions. (shrink)

In 2022, the Camden Coalition Medical-Legal Partnership began providing civil and criminal legal services to substance use disorder patients at Cooper University Health Care’s Center for Healing. This paper discusses early findings from the program’s first year on the efficacy of the provision of criminal-legal representation, which is uncommon among MLPs and critical for this patient population. The paper concludes with takeaways for other programs providing legal services in an addiction medicine setting.

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)

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)

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 subject of the research refers to the aspect of digital forensics and computer crime and the latter is one of the reasons for the evolution of crime in general. Based on the growing trend of technology development and the increase in the number of digital crimes, a special emphasis is given to the statistical aspect of computer crime as well as measures to reduce the impact of computer crime, including the ethical and legal aspects in the Republic of North (...) Macedonia (RNM). To conduct this research, statistical data on computer crime in RNM from 2011 to 2020 were used, based on historical data of analysis, as well as comparison, correlation, and the ANOVA-test. The highest number of crimes were registered in 2020 and a special feature is that a positive linear trend can be observed during the last decade. “Damage and unauthorized access to a computer system” took the first place in computer crimes according to the Criminal Procedure Law. (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 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)

Since the 90’s, neurolaw is on the rise. At the heart of heated debates lies the recurrent theme of a neuro-revolution of criminal responsibility. However, caution should be observed: the alleged foundations of criminal responsibility (amongst which free will) are often inaccurate and the relative imperviousness of its real foundations to scientific facts often underestimated. Neuroscientific findings may impact on social institutions, but only insofar as they also engage in a political justification of the changes being called for, (...) convince populations, and take into consideration the ensuing consequences. Moreover, the many limits of neuroscientific tools call for increased vigilance when, if ever, using neuroscientific evidence in a courtroom. In this article, we aim at setting the basis for future sound debates on the contribution of neuroscience to criminal law, and in particular to the assessment of criminal responsibility. As such, we provide analytical tools to grasp the political and normative nature of criminal responsibility and review the current or projected use of neuroscience in the law, all the while bearing in mind the highly-publicized question: can neuroscience revolutionize criminal responsibility? Answering this question implicitly requires answering a second question: should neuroscience revolutionize the institution of criminal responsibility? Answering both, in turn, requires drawing the line between science and normativity, revolution and dialogue, fantasies and legitimate hopes. (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)

In 2021, there was a significant amendment to the legislation on medical experimentation. In particular, Chapter 4 of the Law of December 5, 1996 on the Profession of Physician and Dentist (Journal of Laws 2023, item 1516) was amended, in which the prerequisites of legally relevant consent given by the participant in the experiment or by other entities that express a position on their behalf were specified. In addition, procedures related to the opinion of the research project by the so-called (...) bioethics committee were described. Its members were obliged to maintain confidentiality with regard to information obtained in connection with the fulfilled function. These norms became protected by criminal sanctions, set forth in the amended Article 58 of the law. New generic types of criminal acts were introduced, primarily aimed at protecting the participant's right to self-determination, the voluntariness of participation in the experiment, and the confidentiality of data submitted by the experimenters in their proposals to bioethics committees. These norms fill in the gaps that have existed so far in the criminal law protection of these values. The article systematically discusses the generic types of criminal acts that have been penalized in Article 58 (4) to (6) of the referenced law. Their object of protection, object side, subject, subject side, punishability and potential confluence with other regulations are presented. The historical-dogmatic justification for the introduction of these regulations is also shown. (shrink)

Forensics is proposed as a means to understand, trace, and recompile data and computational activities. It has a securitocratic dimension and one that is being developed as a means of opening processes, events and systems into a more public state. This article proposes an analysis of forces at play in the circulation of a ‘screener’ of Quentin Tarantino’s The Hateful Eight and associated files, to suggest that forensic approaches used to control flows of data may be repurposed for dis­semination. (...) The article maps a brief history of digital forensics and sets out some of its political entailments, indicating further lines of enquiry regarding the inter-relation of technosocial powers constituted in the interactions between forensics and coun­ter-measures. The article proposes that the posthumanities are partially constituted by a renewed relationship between questions of culture, subjectivity, knowledge and the technical. Some propositions for the technical as grounds for cultural politics are made. (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)

This is a review of Larry Alexander and Kim Ferzan’s _Reflections on Crime and Culpability_, a sequel to the authors’ _Crime and Culpability_. The two books set out a sweeping proposal for reforming our criminal law in ways that are at once commonsensical and mindbogglingly radical. But even if one is not on board with such a radical experiment, simply thinking it through holds many unexpected lessons: startlingly new insights about the current regime and about novel ways of doing (...) legal theory, some of which are explored in this essay. (shrink)

Section 2 of the 1957 Homicide Act is indefensible: the concept of 'mental responsibility' is a hybrid which turns the psychiatrist witness either into a thirteenth juryman or a spare barrister. But reform does not lie along the lines suggested by the Butler Committee or the Criminal Law Revision Committee. The latter leaves the jury with insufficient guidance; the former returns to the bad eighteenth century policy of treating mental illness not as a factor in determining responsibility but as (...) a status exempting from responsibility. The much criticised McNaughton rules provide a sounder basis for deciding where responsibility should be assigned in criminal cases. (shrink)

Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of ‘moral certainty’, scientific proof attained a reputation for objectivity. Although most forms of legal evidence continue to be treated as fallible ‘opinions’ rather than objective ‘facts’, forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status (...) of forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The ‘administrative objectivity’ of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of ‘truth’ in the criminal justice system. (shrink)