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)

The Science of Proof offers a detailed history of how experts of forensic science first interfaced with the court system in 18th and 19th century France.

In this paper, a case study is conducted to test the capability of the Carneades Argumentation System to model the argumentation in a case where forensic evidence was collected in an investigation triggered by a conflict among art experts on the attribution of a painting to Leonardo da Vinci. A claim that a portrait of a young woman in a Renaissance dress could be attributed to da Vinci was initially dismissed by art experts. Forensic investigations were carried out, (...) and evidence was collected by art history experts and scientific experts. The expert opinions were initially in conflict, but new evidence shifted the burden of proof onto the side of the skeptics. This paper presents an analysis of the structure of the interlocking argumentation in the case using argument mapping tools to track the accumulation of evidence pro and con. (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)

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)

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)

Ferdinand Schoeman (1986) attempts to refute six arguments that I gave in The Probable and the Provable (1977, pp. 49-120) for not analyzing the standards of forensic proof in terms of any concept of probability that conforms to the familiar principles of the mathematical calculus of chance. But he evidently does not appreciate the strength of the case for rejecting the validity of any such analysis. In the course of discussing his criticisms, I shall add a seventh argument (...) to fortify my position, though I concede that the second of my original arguments has to be discarded. (shrink)

Im Zentrum von Vallas Umgestaltung der Dialektik als rhetorischer Methode steht ein neues Verständnis von certum, das aus Quintilians Institutio oratoria stammt. Diesem Verständnis zufolge ist Gewissheit in dem begründet, was allgemein akzeptiert wird, nicht in dem, was wahr ist. Damit trennt Valla certum und verum. In den Dialecticae disputationes stellt er Dialektik nicht als eine logische oder philosophische Methode zum Beweis von Wahrheiten dar, sondern als Praxis Geständnisse herbeizuführen und als juristische Produktion konsensueller Gewissheiten. Auch in anderen Werken, etwa (...) den Elegantiae und seinem Kommentar zu Quintilians Institutio, verbindet er durchweg certum mit Konsens, insbesondere Konsens im Sinne der rhetorischen Strategie der status-Theorie. (shrink)

The book was planned and written as a single, sustained argument. But earlier versions of a few parts of it have appeared separately. The object of this book is both to establish the existence of the paradoxes, and also to describe a non-Pascalian concept of probability in terms of which one can analyse the structure of forensic proof without giving rise to such typical signs of theoretical misfit. Neither the complementational principle for negation nor the multiplicative principle for (...) conjunction applies to the central core of any forensic proof in the Anglo-American legal system. There are four parts included in this book. Accordingly, these parts have been written in such a way that they may be read in different orders by different kinds of reader. (shrink)

Seeking to preserve electronically encoded evidence implies that an incident or event has occurred requiring fact extrapolation for presentation, as proof of an irregularity or illegal act. Whether target data are in transit or at rest, it is critical that measures be in place to prevent the sought information from being destroyed, corrupted or becoming unavailable for forensic investigation.

This book examines core issues related to legal insanity, integrating perspectives from psychiatry, law, and ethics. Various criteria for insanity are analyzed and recommendations for forensic psychiatric and legal practice are offered. Many legal systems have an insanity defense, in one form or another. Still, it remains unclear exactly when and why mental disorders affect a person’s moral or criminal responsibility. Questions addressed in this book include: Why should insanity be a component of our legal system? What should be (...) the criteria for an insanity defense? What would be the reasons for abolishing it? Who should bear the burden of proof? Furthermore, the book discusses the impact neurosciences may have on psychiatric and psychological evaluations of defendants as well as on legal decisions about insanity. (shrink)

Summary The paper follows the lives of Mateu Orfila and François Magendie in early nineteenth-century Paris, focusing on their common interest in poisons. The first part deals with the striking similarities of their early careers: their medical training, their popular private lectures, and their first publications. The next section explores their experimental work on poisons by analyzing their views on physical and vital forces in living organisms and their ideas about the significance of animal experiments in medicine. The last part (...) describes their contrasting research on the absorption of poisons and the divergences in their approaches, methods, aims, standards of proof, and intended audiences. The analysis highlights the connections between nineteenth-century courtrooms and experimental laboratories, and shows how forensic practice not only prompted animal experimentation but also provided a substantial body of information and new research methods for dealing with major theoretical issues like the absorption of poisons. (shrink)

Summary The paper follows the lives of Mateu Orfila and François Magendie in early nineteenth-century Paris, focusing on their common interest in poisons. The first part deals with the striking similarities of their early careers: their medical training, their popular private lectures, and their first publications. The next section explores their experimental work on poisons by analyzing their views on physical and vital forces in living organisms and their ideas about the significance of animal experiments in medicine. The last part (...) describes their contrasting research on the absorption of poisons and the divergences in their approaches, methods, aims, standards of proof, and intended audiences. The analysis highlights the connections between nineteenth-century courtrooms and experimental laboratories, and shows how forensic practice not only prompted animal experimentation but also provided a substantial body of information and new research methods for dealing with major theoretical issues like the absorption of poisons. (shrink)

Summary The paper follows the lives of Mateu Orfila and François Magendie in early nineteenth-century Paris, focusing on their common interest in poisons. The first part deals with the striking similarities of their early careers: their medical training, their popular private lectures, and their first publications. The next section explores their experimental work on poisons by analyzing their views on physical and vital forces in living organisms and their ideas about the significance of animal experiments in medicine. The last part (...) describes their contrasting research on the absorption of poisons and the divergences in their approaches, methods, aims, standards of proof, and intended audiences. The analysis highlights the connections between nineteenth-century courtrooms and experimental laboratories, and shows how forensic practice not only prompted animal experimentation but also provided a substantial body of information and new research methods for dealing with major theoretical issues like the absorption of poisons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Multiple Personality and Moral Responsibility”Daniel W. Shuman (bio)Stephen Braude’s essay, “Multiple Personality and Moral Responsibility,” discusses a number of important issues about the moral and legal responsibility of persons diagnosed with multiple personality disorder (MPD), known in DSM-IV as Dissociative Identity Disorder (DID). One issue that is fundamental to this debate, which Braude does not address, however, is the empirical reality underlying the debate. Does MPD/DID exist? (...) A prerequisite to a debate about the legal consequences of MPD/DID is legally sufficient proof of its existence and its behavioral consequences.Proof that MPD/DID exists, its impact on legal standards of responsibility, and that the defendant suffers from it, must come from expert testimony; it is not part of the common knowledge or experience of the typical judge or juror. Courts are, however, increasingly, unwilling to assume that because an expert has impressive qualifications, he or she will necessarily present scientifically valid evidence. Particularly in cases of psychiatric and psychological evidence, courts that once looked solely at the expert’s qualifications to determine the admissibility for expert scientific evidence, now understand that the expert’s qualifications are a necessary but not a sufficient condition for the presentation of accurate expert testimony. Courts increasingly want to know how experts know what they claim to know and whether their methods of knowing meet the hallmarks of good science.Thus, from a legal standpoint, a prerequisite to admissibility of the evidence that serves as a basis for a discussion of the legal implications of MPD/DID is rigorous scientific proof of its existence. Proof of the existence of MPD/DID has not, however, been the subject of rigorous scientific research, but instead has consisted of non-falsifiable clinical experience where the risk of iatrogenesis (i.e., hypnosis and suggestion) is ever present. While these clinical observations and opinions may ultimately be proven valid by subsequent research, there is simply no way to know whether that is so in the absence of rigorous scientific research. If proof of the existence of MPD/DID is clinically but not scientifically grounded, legal rules based upon it are suspect. Moreover, claims of MPD/DID often arise in a legal context where there are significant benefits to be gained from receiving the diagnosis which heightens the importance of rigorous scientific scrutiny.Diagnostic validity and reliability matters in different ways in the forensic context than it does in the therapeutic context. These contextual differences [End Page 59] are reflected in disparate standards for scrutinizing each. There is no threshold requirement, for example, that a psychotherapist prove that a diagnostic category is valid or that a psychotherapeutic treatment used for a person suffering from it is generally recognized as safe and effective before using it; however, there is a threshold requirement of rigorous scientific scrutiny before admission of this information in evidence. If a therapist’s diagnostic hypothesis that there are two personality states influencing a patient’s behavior is not borne out, it can be revised in later sessions. Even if MPD/DID does not exist, treatment that assumes it does may nonetheless be effective because therapeutic outcome is more closely tied to the nature of the therapist-patient relationship than the content of therapy, or because multiple personality states is an effective therapeutic metaphor. Moreover, if the patient is not satisfied that the diagnosis or treatment rendered is helpful, the patient can leave therapy or seek another therapist.In contrast, judicial determinations are a one-shot determination which cannot be revisited in light of subsequently acquired knowledge. The defendant/patient is not free to change courts, or withdraw from the legal proceedings. Thus, it would be entirely appropriate for psychiatrists and psychologists to treat patients presenting symptoms of what they label MPD/DID and for courts to reject exculpatory evidence from psychiatrists and psychologists of that disorder.Related ArticlesFeature Article: Multiple Personality and Moral ResponsibilityCommentary: Commentary by ClarkCommentary: Commentary by ShumanDaniel W. Shuman Daniel W. Shuman, Professor of Law, Southern Methodist University, Dallas, TX 75235, USA.Copyright © 1996 The Johns Hopkins University Press... (shrink)

The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical (...) considerations, aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

_The first part called the Preamble tackles: (a) the issues of silence and speech, and life and disease; (b) whether we need to know some or all of the truth, and how are exact science and philosophical reason related; (c) the phenomenon of Why, How, and What; (d) how are mind and brain related; (e) what is robust eclecticism, empirical/scientific enquiry, replicability/refutability, and the role of diagnosis and medical model in psychiatry; (f) bioethics and the four principles of beneficence, non-malfeasance, (...) autonomy, and justice; (g) the four concepts of disease, illness, sickness, and disorder; how confusion is confounded by these concepts but clarity is imperative if we want to make sense out of them; and how psychiatry is an interim medical discipline. The second part called The Issues deals with: (a) the concepts of nature and nurture; the biological and the psychosocial; and psychiatric disease and brain pathophysiology; (b) biology, Freud and the reinvention of psychiatry; (c) critics of psychiatry, mind-body problem and paradigm shifts in psychiatry; (d) the biological, the psychoanalytic, the psychosocial and the cognitive; (e) the issues of clarity, reductionism, and integration; (f) what are the fool-proof criteria, which are false leads, and what is the need for questioning assumptions in psychiatry. The third part is called Psychiatric Disorder, Psychiatric Ethics, and Psychiatry Connected Disciplines. It includes topics like (a) psychiatric disorder, mental health, and mental phenomena; (b) issues in psychiatric ethics; (c) social psychiatry, liaison psychiatry, psychosomatic medicine, forensic psychiatry, and neuropsychiatry. The fourth part is called Antipsychiatry, Blunting Creativity, etc. It includes topics like (a) antipsychiatry revisited; (b) basic arguments of antipsychiatry, Szasz, etc.; (c) psychiatric classification and value judgment; (d) conformity, labeling, and blunting creativity. The fifth part is called The Role of Philosophy, Religion, and Spirituality in Psychiatry. It includes topics like (a) relevance of philosophy to psychiatry; (b) psychiatry, religion, spirituality, and culture; (c) ancient Indian concepts and contemporary psychiatry; (d) Indian holism and Western reductionism; (e) science, humanism, and the nomothetic-idiographic orientation. The last part, called Final Goal, talks of the need for a grand unified theory. The whole discussion is put in the form of refutable points._. (shrink)

Although the individuality of whole-body movements has been suspected for years, the scientific proof and systematic investigation that individuals possess unique movement patterns did not manifest until the introduction of the criteria of uniqueness and persistence from the field of forensic science. Applying the criteria of uniqueness and persistence to the individuality of motor learning processes requires complex strategies due to the problem of persistence in the learning processes. One approach is to examine the learning process of different (...) movements. For this purpose, it is necessary to differentiate between two components of movement patterns: the individual-specific component and the discipline-specific component. To this end, a kinematic analysis of the shot put, discus, and javelin throwing movements of seven high-performance decathletes during a qualification competition was conducted. In total, joint angle waveforms of 57 throws formed the basis for the recognition task of individual- and discipline-specific throwing patterns using a support vector machine. The results reveal that the kinematic throwing patterns of the three disciplines could be distinguished across athletes with a prediction accuracy of up to 100% (57 of 57 throws). However, athlete-specific throwing characteristics could also be identified across the three disciplines. Prediction accuracies of up to 52.6% indicated that up to 10 out of 19 throws of a discipline could be assigned to the correct athletes, based on only knowing these athletes from the kinematic throwing patterns in the other two disciplines. The results further suggest that individual throwing characteristics across disciplines are more pronounced in shot put and discus throwing than in javelin throwing. Applications for training and learning practice in sports and therapy are discussed. In summary, the chosen approach offers a broad field of application related to the search of individually optimal movement solutions in sports. (shrink)

Aunque el derecho probatorio y el derecho procesal se han dedicado desde siempre al estudio de los problemas relacionados con las pruebas y el establecimiento de los hechos en los procesos judiciales, el énfasis ha estado siempre en el aspecto formal, doctrinal y procedimental en detrimento de los fundamentos filosóficos y teóricos. Durante los últimos años ha habido un intento sostenido de explorar estos fundamentos combinando no sólo las herramientas tradicionales proporcionadas por la lógica, la gramática y la retórica, sino (...) también los avances hechos en ciencias como la estadística y la probabilidad, la medicina y la psicología forenses, la psicología de la percepción, la epistemología y la filosofía de la ciencia. El presente libro reúne las contribuciones de destacados juristas y filósofos latinoamericanos a esta nueva perspectiva interdisciplinaria, conocida como epistemología jurídica. El libro está dividido en tres grandes temas: la primera parte explora los problemas epistemológicos del conocimiento de los hechos en los procesos judiciales; la segunda se enfoca en el problema de los estándares de prueba; y la sección final discute el testimonio de los expertos. En su conjunto el libro ofrece un panorama tanto de los problemas centrales de la epistemología jurídica, como del estado del arte de la disciplina. (shrink)

The notion of proof is central to mathematics yet it is one of the most difficult aspects of the subject to teach and master. In particular, undergraduate mathematics students often experience difficulties in understanding and constructing proofs. Understanding Mathematical Proof describes the nature of mathematical proof, explores the various techniques that mathematicians adopt to prove their results, and offers advice and strategies for constructing proofs. It will improve students’ ability to understand proofs and construct correct proofs of (...) their own. The first chapter of the text introduces the kind of reasoning that mathematicians use when writing their proofs and gives some example proofs to set the scene. The book then describes basic logic to enable an understanding of the structure of both individual mathematical statements and whole mathematical proofs. It also explains the notions of sets and functions and dissects several proofs with a view to exposing some of the underlying features common to most mathematical proofs. The remainder of the book delves further into different types of proof, including direct proof, proof using contrapositive, proof by contradiction, and mathematical induction. The authors also discuss existence and uniqueness proofs and the role of counter examples. (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)

The idea of proof-theoretic validity originated in the work of Gentzen, when he suggested that the meaning of each logical expression was encapsulated in its introduction-rules. The idea was developed by Prawitz and Dummett, but came under attack by Prior under the soubriquet 'analytic validity'. Logical truths and logical consequences are deemed analytically valid by virtue of following, in a way which the present chapter clarifies, from the meaning of the logical constants. But different logics are based on different (...) rules, confer different meanings and so validate different theorems and consequences, some of which are arguably not true or valid at all. It seems to follow that some analytic statements are in fact false. The moral is that we must be careful what rules we adopt and what meanings we use our rules to determine. (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)

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)

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)

Driven by the question, 'What is the computational content of a (formal) proof?', this book studies fundamental interactions between proof theory and computability. It provides a unique self-contained text for advanced students and researchers in mathematical logic and computer science. Part I covers basic proof theory, computability and Gödel's theorems. Part II studies and classifies provable recursion in classical systems, from fragments of Peano arithmetic up to Π11-CA0. Ordinal analysis and the (Schwichtenberg-Wainer) subrecursive hierarchies play a central (...) role and are used in proving the 'modified finite Ramsey' and 'extended Kruskal' independence results for PA and Π11-CA0. Part III develops the theoretical underpinnings of the first author's proof assistant MINLOG. Three chapters cover higher-type computability via information systems, a constructive theory TCF of computable functionals, realizability, Dialectica interpretation, computationally significant quantifiers and connectives and polytime complexity in a two-sorted, higher-type arithmetic with linear logic. (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 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)

For courses in Transition to Advanced Mathematics or Introduction to Proof. Meticulously crafted, student-friendly text that helps build mathematical maturity Mathematical Proofs: A Transition to Advanced Mathematics, 4th Edition introduces students to proof techniques, analyzing proofs, and writing proofs of their own that are not only mathematically correct but clearly written. Written in a student-friendly manner, it provides a solid introduction to such topics as relations, functions, and cardinalities of sets, as well as optional excursions into fields such (...) as number theory, combinatorics, and calculus. The exercises receive consistent praise from users for their thoughtfulness and creativity. They help students progress from understanding and analyzing proofs and techniques to producing well-constructed proofs independently. This book is also an excellent reference for students to use in future courses when writing or reading proofs. 0134746759 / 9780134746753 Chartrand/Polimeni/Zhang, Mathematical Proofs: A Transition to Advanced Mathematics, 4/e. (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)

Structural proof theory is a branch of logic that studies the general structure and properties of logical and mathematical proofs. This book is both a concise introduction to the central results and methods of structural proof theory, and a work of research that will be of interest to specialists. The book is designed to be used by students of philosophy, mathematics and computer science. The book contains a wealth of results on proof-theoretical systems, including extensions of such (...) systems from logic to mathematics, and on the connection between the two main forms of structural proof theory - natural deduction and sequent calculus. The authors emphasize the computational content of logical results. A special feature of the volume is a computerized system for developing proofs interactively, downloadable from the web and regularly updated. (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)

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.

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.

This introduction to the basic ideas of structural proof theory contains a thorough discussion and comparison of various types of formalization of first-order logic. Examples are given of several areas of application, namely: the metamathematics of pure first-order logic (intuitionistic as well as classical); the theory of logic programming; category theory; modal logic; linear logic; first-order arithmetic and second-order logic. In each case the aim is to illustrate the methods in relatively simple situations and then apply them elsewhere in (...) much more complex settings. There are numerous exercises throughout the text. In general, the only prerequisite is a standard course in first-order logic, making the book ideal for graduate students and beginning researchers in mathematical logic, theoretical computer science and artificial intelligence. For the new edition, many sections have been rewritten to improve clarity, new sections have been added on cut elimination, and solutions to selected exercises have been included. (shrink)

The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should not be so (...) suspicious of lie detection evidence if it has comparative advantages over the epistemic methods currently utilised by the legal system. In this article, I add to this growing support by making a novel comparative advantage argument in favour of brain-based lie detection evidence. The argument focuses on the P300 concealed information test (P300 CIT), which has several unique properties, and on the effect it may have on pre-trial bargaining in criminal cases rather than in-court evidence. The thesis is that P300 CIT could allow for innocent defendants to credibly signal their innocence to investigators and prosecutors during pre-trial bargaining more effectively than current proposed methods for doing the same thing. I defend this argument from a number of objections, and suggest that it opens up an interesting avenue in the ongoing debate about the merits of this technology. Although the argument is presented with the criminal law in mind, it could form part of a more general cumulative case in favour of this technology. (shrink)

The aim of this book is to help students write mathematics better. Throughout it are large exercise sets well-integrated with the text and varying appropriately from easy to hard. Basic issues are treated, and attention is given to small issues like not placing a mathematical symbol directly after a punctuation mark. And it provides many examples of what students should think and what they should write and how these two are often not the same.

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 traditional view of evidence in mathematics is that evidence is just proof and proof is just derivation. There are good reasons for thinking that this view should be rejected: it misrepresents both historical and current mathematical practice. Nonetheless, evidence, proof, and derivation are closely intertwined. This paper seeks to tease these concepts apart. It emphasizes the role of argumentation as a context shared by evidence, proofs, and derivations. The utility of argumentation theory, in general, and argumentation (...) schemes, in particular, as a methodology for the study of mathematical practice is thereby demonstrated. Argumentation schemes represent an almost untapped resource for mathematics education. Notably, they provide a consistent treatment of rigorous and non-rigorous argumentation, thereby working to exhibit the continuity of reasoning in mathematics with reasoning in other areas. Moreover, since argumentation schemes are a comparatively mature methodology, there is a substantial body of existing work to draw upon, including some increasingly sophisticated software tools. Such tools have significant potential for the analysis and evaluation of mathematical argumentation. The first four sections of the paper address the relationships of evidence to proof, proof to derivation, argument to proof, and argument to evidence, respectively. The final section directly addresses some of the educational implications of an argumentation scheme account of mathematical reasoning. (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.

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)

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)

This comprehensive monograph is a cornerstone in the area of mathematical logic and related fields. Focusing on Gentzen-type proof theory, the book presents a detailed overview of creative works by the author and other 20th-century logicians that includes applications of proof theory to logic as well as other areas of mathematics. 1975 edition.