Search Results (32)

The aim of this study was to investigate whether juror characteristics, namely, age, attitudes surrounding coercive control and psychopathic personality traits (PPT), can influence Guilty or Not Guilty verdicts in a developed coercive control trial. One hundred and thirty-five participants (N = 135) completed an online survey consisting of elements of a mock coercive control trial and three questionnaires: the Coercive Control subsection of the Modern Adolescent Dating Violence Attitudes (MADVA (CC)) Scale, the Psychopathic Personality Traits Scale—Revised (PPTS-R) and the Juror Decision Scale (JDS). The results of the analysis demonstrated significant positive correlations between MADVA (CC) scores and all four subscales of the PPTS-R, highlighting the relationship between psychopathy traits and coercive control attitudes. Binary logistic regression findings showed that higher scores on the MADVA (CC) Scale were the only significant predictor of returning a Not Guilty verdict. Those who also returned a Not Guilty verdict had more accepting controlling behaviour attitudes, scored higher for defendant believability and were less confident in their overall decision. Findings from the current study highlight the significance of attitudes in a juror decision-making context. The significance of attitudes may also be applicable to police officers and other agencies within the criminal justice system. Additional efforts need to be made regarding the identification of coercive control tactics, and training programmes should be implemented within the police to increase identification of these behaviours in order and to improve case progression. This may increase the likelihood of a jury being required in these cases. Furthermore, Not Guilty verdicts were given with significantly less confidence than Guilty verdicts, although they have the same influence at trial. More research needs to be carried out to explore the development and maintenance of accepting attitudes towards coercive control, and there is a need for better education regarding coercive control to attempt to tackle harmful attitudes towards it and aim for fairer trials. Full article

Miscarriages of justice led to concerns that forensic science reports were prosecution-biassed and led to elementary errors of probability. The European Network of Forensic Science Institutes (EFNSI) and other institutes developed standards requiring reporting of the probability of evidence under all hypotheses (usually prosecution and defence hypotheses) with the likelihood ratio (LR). $LR={\displaystyle \frac{p\left(E|H_p\right)}{p\left(E|H_d\right)}},$ values > 1, being probative for a prosecution hypothesis. In elementary two-variable conditional probability theory (Baye’s theorem), the LR is also an updating factor which multiplies the odds of guilt for each item of evidence considered. Although this is not true for multiple-variable probability theory, the value of the LR as a valid measure of evidential probity remains. Forensic scientists are experts in evidence and should not stray into the role of the Court to consider the probability of the hypotheses given the totality of the evidence: $p\left(H_p{,H}_d|,E_1,E_2\dots E_n\right).$ Medical experts may be required to assist the court with diagnoses (the hypothesis), but this privilege is balanced by vigilance that experts do not stray beyond their expertise. A narrow interpretation of expertise hinders the evaluation of the evidence under hypotheses adjacent to the area of expertise. This paradox may be overcome by experts declaring competence in areas adjacent to their main area of expertise. Regulatory bodies do not currently require medical experts to adhere to EFNSI guidelines in evaluative reporting. Legal opinion is divided on whether probability theory can be applied to cases requiring medical expertise. Medical experts should, in their reports, clearly separate evaluating the probability of the evidence (where evaluative reporting should apply) and evaluating the probability of hypotheses where methodology should be prioritised over opinion. The reckless misapplication of elementary probability theory, typically transposing conditional probabilities or neglecting prior odds, may lead to the jury being misled into believing posterior odds of guilt are many orders of magnitude greater than reality. Medical experts should declare training in elementary probability theory. Inaccurate probabilities are a joint enterprise between all who inform or advise the jury, so all must be trained in elementary probability theory. Full article

More than three decades ago, the Supreme Court of the United States (SCOTUS) ruled that individuals who are not competent (alternatively referred to by the Court as insane) at the time of their scheduled execution cannot be put to death. Despite the years that have passed since the Court’s decision and the literal life-or-death stakes involved, competency for execution (CFE) remains underexplored in the psychological, psychiatric, and legal literature. A number of important legal and ethical issues that arise when a person on death row maintains they are not competent to be executed are still unresolved even after the landmark Supreme Court cases such as Ford v. Wainwright (1986), Panetti v. Quarterman (2007), and Madison v. Alabama (2019). In this first-of-its-kind descriptive study, we analyzed the demographic and case characteristics of the 28 successful Ford claimants—individuals in the United States who have been found to be incompetent to be executed and compared them to the general death row population and homicide cases nationwide. Our findings reveal some similarities but also some differences between these claimants and the general death row population and homicide cases: the successful Ford claimants are exclusively male (in keeping with the general prison population on death row), relatively older, and underrepresented among White and Latinx inmates (i.e., Black claimants are more successful than their White and Latinx counterparts at evading execution). Nearly all (96%) suffer from schizophrenia, with 79% experiencing psychiatric comorbidity, yet only 54% received any significant treatment before or after the criminal offense. The claimants’ cases also involve a higher proportion of child victims, male family members, and female non-family member victims, as well as more multiple-victim cases (not indiscriminate) and fewer intraracial homicides. Fewer victims are male, and more are female. However, the cases do not align with typical male-on-male violent crimes or femicide patterns, such as those involving sexual or domestic violence. Additionally, systematic psycho-legal deficiencies are prevalent, including a low rate of mental health evidence (61%) presented at trials and some cases lacking psychiatric involvement in CFE evaluations. Temporal influence and drastic state variations on CFE evaluation are also noted. Although the small sample size limits generalizability, this small-scale descriptive study offers a number of important insights into the complexities of CFE decisions and lays the groundwork for future research and policy development. Full article

Electronic evidence is an essential component in most legal trials of criminal activities, and digital forensics is therefore a crucial support for law enforcement investigations. For instance, a wide range of electronic devices contain Not AND (NAND) flash memory chips, and when a criminal leaves digital evidence on non-operational or locked systems, accessing this memory is crucial. Student acquisition of the necessary competences and skills associated with electronic devices, their basic principles, and the associated technologies can be provided by experimental training, as done with the optional Digital Forensics module included in the degree in Criminalistics: Forensic Sciences and Technologies offered by the University of Alcalá (Spain). This module equips students with the appropriate skills to extract, process, and authenticate evidence information using suitable tools. The purpose of this study was to investigate the effectiveness of experimental learning, deployed through laboratory digital forensic tasks. A literature review was conducted of novel data extraction and analysis tools and procedures as a guide to the design of data recovery tasks incorporating experimental learning. Drawing on student feedback, our results highlight positive learning outcomes for the students. It is concluded that powerful forensic image analysis freeware is capable of identifying elements, and practical tests involving JTAG/chip−off extraction and analysis yield favorable results. A proposal for future studies is to reduce the destructiveness of invasive extraction methods. Full article

Over the last decade there has been increasing interest in the links between the consumption of ultra-processed foods and various neuropsychiatric disorders, aggression, and antisocial behavior. Neurolaw is an interdisciplinary field that seeks to translate the rapid and voluminous advances in brain science into legal decisions and policy. An enhanced understanding of biophysiological mechanisms by which ultra-processed foods influence brain and behavior allows for a historical reexamination of one of forensic neuropsychiatry’s most famous cases—The People v. White and its associated ‘Twinkie Defense’. Here in this Viewpoint article, we pair original court transcripts with emergent research in neurolaw, including nutritional neuroscience, microbiome sciences (legalome), pre-clinical mechanistic research, and clinical intervention trials. Advances in neuroscience, and related fields such as the microbiome, are challenging basic assumptions in the criminal justice system, including notions of universal free will. Recent dismissals of criminal charges related to auto-brewery syndrome demonstrate that courts are open to advances at the intersection of neuromicrobiology and nutritional neuroscience, including those that relate to criminal intent and diminished capacity. As such, it is our contention that experts in the neurosciences will play an increasing role in shaping research that underpins 21st-century courtroom discourse, policy, and decision-making. Full article

Recently, there has been increased scientific and clinical interest in the potential harms associated with ultra-processed foods, including poor mental health, aggression, and antisocial behavior. Research spanning epidemiology, mechanistic pre-clinical work, addiction science, microbiome and exposome science, and human intervention trials has underscored that nutrition is of relevance along the criminal justice continuum. As such, the emerging dietetics research is salient to the thousands of international psychologists and allied mental health professionals that are engaged in justice work, including forensics, prevention, and intervention. In addition, relationships between nutrition and behavior relate to “food crime”, an emergent area unifying criminal justice researchers with psychology, public health, and other interdisciplinary sectors. Food crime scrutinizes the vast harms, including non-communicable diseases and adverse behavioral outcomes, as influenced by the distribution of addictive ultra-processed food products. Here, we examine the emergent research, including biophysiological mechanisms, and evidence indicating that dietary patterns/components intersect with psychosocial vulnerabilities linked with risks of antisocial behavior and justice involvement. Viewed through a prevention lens, the study of nutrition and aggressive behavior should be prioritized, especially if the outcomes emerge as externalities of the global consumption of ultra-processed food. In the context of criminal justice and behavior, there is a need for forensic examination of how industry influence and power structures can undermine matters of food justice. Full article

International studies have linked the consumption of ultra-processed foods with a variety of non-communicable diseases. Included in this growing body of research is evidence linking ultra-processed foods to mental disorders, aggression, and antisocial behavior. Although the idea that dietary patterns and various nutrients or additives can influence brain and behavior has a long history in criminology, in the absence of plausible mechanisms and convincing intervention trials, the topic was mostly excluded from mainstream discourse. The emergence of research across nutritional neuroscience and nutritional psychology/psychiatry, combined with mechanistic bench science, and human intervention trials, has provided support to epidemiological findings, and legitimacy to the concept of nutritional criminology. Among the emergent research, microbiome sciences have illuminated mechanistic pathways linking various socioeconomic and environmental factors, including the consumption of ultra-processed foods, with aggression and antisocial behavior. Here in this review, we examine this burgeoning research, including that related to ultra-processed food addiction, and explore its relevance across the criminal justice spectrum—from prevention to intervention—and in courtroom considerations of diminished capacity. We use auto-brewery syndrome as an example of intersecting diet and gut microbiome science that has been used to refute mens rea in criminal charges. The legalome—microbiome and omics science applied in forensic and legal psychology—appears set to emerge as an important consideration in matters of criminology, law, and justice. Full article

Laboratory trials were carried out to investigate the development of three entomophagous parasitoid wasps in preimaginal stages of Sarcophaga dux in monoinfections and mixed infections. Laboratory-raised postfeeding S. dux third-stage larvae were exposed to Brachymeria podagrica. After pupation, 50 of these fly puparia were brought in contact with pupal parasitoid Dirhinus himalayanus and 50 with Nasonia vitripennis, and the remaining 50 puparia were left as Brachymeria monoinfection. In three further trials, each set of 50 freshly pupated host puparia from the same source was exposed to N. vitripennis and D. himalayanus, as monoinfections and mixed infections, respectively. The uninfected control group consisted of 50 S. dux larvae that were kept separately under the same conditions. The percentages of successfully developed B. podagrica and D. himalayanus in monoinfections were 56 and 86%, respectively, and progeny of N. vitripennis hatched from 88% of the exposed host puparia. In mixed infections, N. vitripennis dominated over B. podagrica and D. himalayanus with rates of successfully infected hosts of 50 and 94%, respectively. The number of Nasonia progeny in these groups ranged from 4 to 49 and 5 to 43, respectively. Dirhinus himalayanus did not develop in the simultaneous infection with N. vitripennis. Not a single S. dux eclosed in the six experimental groups, while in the uninfected control group, 46 (92%) adult flies eclosed 11 to 14 days after the start of pupation. Since the three parasitoids emerge from flesh fly pupae, these insects can become important in criminal forensic investigations when corpses are in an advanced stage of decay. More data on their preimaginal development at different temperatures are necessary. Full article

The introduction of ‘special measures’ within England and Wales (i.e., provisions for vulnerable and intimidated witnesses at court) marked a significant change in legal tradition and trial procedures such that victim and witness care was repositioned as a primary concern alongside the longstanding rights afforded to defendants. As public perceptions towards the legitimacy of criminal justice procedure remain a key concern among legal scholars and social scientists, this study aimed to examine individual differences in attitudes held towards the rights afforded to complainants and defendants within English courts. Adopting a cross-sectional study design, 114 UK adults were recruited to take part in an online survey. Questions centered around the importance of providing adequate witness care whilst protecting defendants’ rights to a fair trial. A new measurement tool was developed to allow these attitudes to be systematically assessed and understood, termed the Attitudes Towards Vulnerable Victims Scale (ATVVS). Results indicate that respondent age, gender, level of education, and belief in a just world are important determinants of public support for the use of special measures at trial as well as perceptions towards complainant and defendants’ rights. Taken together, findings indicate that misconceptions about vulnerable victims appear to underlie a lack of support for the use of special measures. Full article

Recent studies have illuminated the potential harms associated with ultra-processed foods, including poor mental health, aggression, and antisocial behavior. At the same time, the human gut microbiome has emerged as an important contributor to cognition and behavior, disrupting concepts of the biopsychosocial ‘self’ and raising questions related to free will. Since the microbiome is undeniably connected to dietary patterns and components, the topics of nutrition and microbes are of heightened interest to neuroscience and psychiatry. Research spanning epidemiology, mechanistic bench science, and human intervention trials has brought legitimacy to nutritional criminology and the idea that nutrition is of relevance to the criminal justice system. The individual and community-level relationships between nutrition and behavior are also salient to torts and the relatively new field of food crime—that which examines the vast harms, including grand-scale non-communicable diseases and behavioral outcomes, caused by the manufacturers, distributors, and marketers of ultra-processed food products. Here in this essay, we will synthesize various strands of research, reflecting this emergent science, using a notable case that straddled both neurolaw and food crime, Huberty v. McDonald’s (1987). It is our contention that the legalome—microbiome and omics science applied in neurolaw and forensics—will play an increasing role in 21st-century courtroom discourse, policy, and decision-making. Full article

Progress in DNA profiling techniques has made it possible to detect even the minimum amount of DNA at a crime scene (i.e., a complete DNA profile can be produced using as little as 100 pg of DNA, equivalent to only 15–20 human cells), leading to new defense strategies. While the evidence of a DNA trace is seldom challenged in court by a defendant’s legal team, concerns are often raised about how the DNA was transferred to the location of the crime. This review aims to provide an up-to-date overview of the experimental work carried out focusing on indirect DNA transfer, analyzing each selected paper, the experimental method, the sampling technique, the extraction protocol, and the main results. Scopus and Web of Science databases were used as the search engines, including 49 papers. Based on the results of this review, one of the factors that influence secondary transfer is the amount of DNA shed by different individuals. Another factor is the type and duration of contact between individuals or objects (generally, more intimate or prolonged contact results in more DNA transfer). A third factor is the nature and quality of the DNA source. However, there are exceptions and variations depending on individual characteristics and environmental conditions. Considering that secondary transfer depends on multiple factors that interact with each other in unpredictable ways, it should be considered a complex and dynamic phenomenon that can affect forensic investigation in various ways, for example, placing a subject at a crime scene who has never been there. Correct methods and protocols are required to detect and prevent secondary transfer from compromising forensic evidence, as well as the correct interpretation through Bayesian networks. In this context, the definition of well-designed experimental studies combined with the use of new forensic techniques could improve our knowledge in this challenging field, reinforcing the value of DNA evidence in criminal trials. Full article

Forensic institutions throughout the world house patients with severe psychiatric illness and history of criminal violations. Improved medical care, hygiene, psychiatric treatment, and nutrition led to an unmatched longevity in this population, which previously lived, on average, 15 to 20 years shorter than the public at large. On the other hand, longevity has contributed to increased prevalence of age-related diseases, including neurodegenerative disorders, which complicate clinical management, increasing healthcare expenditures. Forensic institutions, originally intended for the treatment of younger individuals, are ill-equipped for the growing number of older offenders. Moreover, as antipsychotic drugs became available in 1950s and 1960s, we are observing the first generation of forensic detainees who have aged on dopamine-blocking agents. Although the consequences of long-term treatment with these agents are unclear, schizophrenia-associated gray matter loss may contribute to the development of early dementia. Taken together, increased lifespan and the subsequent cognitive deficit observed in long-term forensic institutions raise questions and dilemmas unencountered by the previous generations of clinicians. These include: does the presence of neurocognitive dysfunction justify antipsychotic dose reduction or discontinuation despite a lifelong history of schizophrenia and violent behavior? Should neurolipidomic interventions become the standard of care in elderly individuals with lifelong schizophrenia and dementia? Can patients with schizophrenia and dementia meet the Dusky standard to stand trial? Should neurocognitive disorders in the elderly with lifelong schizophrenia be treated differently than age-related neurodegeneration? In this article, we hypothesize that gray matter loss is the core symptom of schizophrenia which leads to dementia. We hypothesize further that strategies to delay or stop gray matter depletion would not only improve the schizophrenia sustained recovery, but also avert the development of major neurocognitive disorders in people living with schizophrenia. Based on this hypothesis, we suggest utilization of both receptor-dependent and independent therapeutics for chronic psychosis. Full article

Although victims have the right to limited participation in trials and to seek reparations after sentencing, the legal structure of the International Criminal Court (ICC) prioritizes retributive justice over restorative justice and punishment over reparations. Thus, currently, although the perpetrators can be tried through the ICC, it is still difficult to obtain reasonable compensation for the damages suffered by the victims. On the one hand, the ICC’s reparation system may be restricted by the identity of the victim, ICC internal factors, and so on. The current structure of the ICC compensation system allows for hierarchical relationships between victims, while at the same time, there is tension between individual and collective types of compensation. These factors have led to a disconnect and gap between the protection of rights at the theoretical level and actual reparation. This dichotomy between the theoretical protection of the rights of victims and the real protection of victims in practice exists in the ICC. Victims are isolated from the field of vision due to potential repercussions. The idealistic illusion of justice is completed when the ICC stands on the stage and accepts the audience’s praise. However, for compensation in criminal courts, people are paying increasing attention to the legal process and content. In practice, the proportion of victims of international crimes is not low, and in some cases, victims are widespread. It can be seen that criminal compensation for victims is an issue that spans a vast range of people and regions. Nonetheless, there are still research gaps regarding reparation and other ideas of justice according to the ICC, how the ICC provides multifaceted safeguards for victims, and the limitations and influence of the mechanism of the ICC on the compensation of victims. Considering the above problems, this paper aims to analyze the International Criminal Court indemnity cases. This paper wishes to analyze reparations and other ideas of justice under the ICC, examining the approach of the ICC toward compensation for victims, where the ICC is heading regarding reparations for victims, how the reparations system works, and the advantages and disadvantages of the reparations system, as well as what are the potential problems of ICC related to reparations. What guarantees do the ICC’s mechanisms provide for victims to be able to receive reparations? How does the structure of the ICC reparations system conflict with victims’ reparations in practical terms? What are the potential obstacles and gaps between criminal trial reparations and victims? The first chapter wants to analyze the early Nuremberg tribunal, Tokyo tribunal, ICTY, and the ICTR by analyzing whether international criminal justice under these military tribunals was restorative justice or reparation justice and interspersed with analyses of reparation to victims under these tribunals. Then, it analyses it further about justice and reparation of the ICC, and it talks about the compensation for the victim and how the idea of compensation under the ICC has evolved. Using these arguments to analyze reparation and other different ideas of justice under the paly of ICC. The second chapter of the article analyzes the “participatate in trial for compensation”, “The limits of participating in trial”, “Safety protection for victims” to demonstrate the current protection and progress of the ICC system on the issue of victims’ compensation, this is because victims’ participation in the trial will bring a lot of help to the issue of compensation. The article analyses the significance and shortcomings of participation in a trial for compensation, which is necessary and meaningful to the issue of compensation because “participation in trial” and compensation are related and complementary to each other, as participation of the victims will bring a lot of help to the issue of compensation. The article analyses the section “Protection of the financial situation of victims: A possible alternative methods of reparation” because, to some extent, it can be seen as an alternative method of ICC compensation. The third chapter of the article hopes that by analyzing “Little compensation”, “The silence court put on victims’ rights of compensation”, “The ICC’s model of judicial administration remains optional” to argue and analyze how the structure of the ICC reparations system conflict with victim reparations in practical terms. Because the silence the court put on victims’ rights of compensation and the ICC’s model of judicial administration remains optional, both directly impact the issue of compensation. Chapter IV mainly aims to analyze some of the potential negative impacts of the ICC on victim reparations, specifically “The victim’s social death”, “Restrictions on “expression” between the victim and the court”, “Does the ICC hope to improve its attitude to victims?” to specifically analyze and argue these aspects of its potential negative impact on victim reparations. On this basis, this paper analyzes the gap between criminal trial reparations and victims to identify what negatives exist between the two. Full article

Homes in which families are experiencing stressful and challenging circumstances can foster a social space that engenders violent behaviours in parents, inadequate childcare, and the exposure of children to criminal and antisocial behaviours at an early age in addition to many other negative social and health consequences throughout their development. Family Skills Training offers a combination of parenting knowledge, skill building, competency enhancement, and support to strengthen family protective factors, such as communication, trust, problem-solving skills, and conflict resolution. Through over a decade-long experience piloting evidence-based family skills packages globally, we developed a universal open-source family skills package, “Family UNited” (FU), designed for families with children aged 8 to 15 years living in low- and middle-income countries (LMIC). The current study aims to explore the efficacy, fidelity, and acceptability of FU in Trentino and Parma, Italy. We plan to conduct a multi-site, non-blinded, two-armed, cluster-randomised controlled trial to assess efficacy in 160 families: the intervention group receiving FU and the waitlist/control group only receiving FU after the completion of all data collection points. We will prospectively collect outcome data, assessing changes in parenting skills and family adjustment in caregivers, children’s behaviour, resilience capacities, and attitudes towards peer violence. To assess programme delivery, fidelity, feasibility, and acceptability we will include an embedded process evaluation. This study aims to evaluate the improvement in parenting skills, child well-being, and family mental health after participation in FU, compared to no intervention. Even though this trial is to be conducted in a high-income country, such results complement the existing piloting experience in LMIC. with impact-related measures encouraging the adoption of such approaches globally and beyond the EU borders. Full article

Criminal trials and claims against physicians for malpractice-related damages have increased dramatically in recent years, and, with Obstetrics and Gynecology being one of the medical specialties that is at the highest risk, we carried out a retrospective analysis aimed at examining all Obstetrics- and Gynecology-related medical professional liability prosecutions within the General Register of Criminal Records of the Rome Public Prosecutor’s Office between the years 2000 and 2014. The number of prosecutions increased steadily in the years 2000–2005, with varying trends in the following years. A total of 727 healthcare professionals were involved in criminal charges, and most prosecuted crimes were related to Articles 590 and 589 of the Italian Penal Code, followed by violations of Article 17 of Law 194/78. In most cases, filing was requested and granted without opposition. In 95 cases, an expert witness was appointed by the Court, and in 68 cases, the technical consultants of the State Prosecutor found culpable conduct. Public hospitals, private nursing homes and outpatient clinics, or private practices were mostly involved; in 45% of the cases, the physicians were hospital employees. In this setting, Italy is prepared to introduce new measures and regulations to address the issues posed by defensive medicine and charges of professional liability for healthcare providers. Full article