Evidentiary Standards for Forensic Anthropology*

Abstract: As issues of professional standards and error rates continue to be addressed in the courts, forensic anthropologists should be proactive by developing and adhering to professional standards of best practice. There has been recent increased awareness and interest in critically assessing some of the techniques used by forensic anthropologists, but issues such as validation, error rates, and professional standards have seldom been addressed. Here we explore the legal impetus for this trend and identify areas where we can improve regarding these issues. We also discuss the recent formation of a Scientific Working Group for Forensic Anthropology (SWGANTH), which was created with the purposes of encouraging discourse among anthropologists and developing and disseminating consensus guidelines for the practice of forensic anthropology. We believe it is possible and advisable for anthropologists to seek and espouse research and methodological techniques that meet higher standards to ensure quality and consistency in our field.     

A Life-Course Perspective on Incarcerated Women’s Views on Adulthood

Drawing on 35 in-depth interviews with incarcerated women, supplemented by mail correspondence with a sub-sample of these women, I explore how the participants interpret their early life-course experiences when reflecting on their transition to adulthood and, subsequently, their views on adult roles and responsibilities. The women’s narratives indicate that early experiences with trauma, along with premature entries into adult roles, result in a disorganized transition to adulthood. The findings also suggest that the women’s accelerated transitions to adulthood shape their views on adult roles, pointing to a need to incorporate discussions of age-normative timetables in efforts to assist at-risk and incarcerated women.     

Teaching Forensic Entomology,Forensic Anthropology,and Haematology & Serology during the COVID-19 pandemic: Practical activities for distance learning

As the COVID-19 pandemic upended college and university instruction throughout the world, instructors were hard-pressed to find suitable alternatives for practical activities typically carried out outside of classrooms—in laboratories, workshops, clinics, and in the field. In response to this unanticipated challenge, they relied on their ingenuity to achieve pre-pandemic goals under pandemic conditions that necessitated the shift to online teaching. The Forensic Science Undergraduate Program housed in the School of Medicine of the National Autonomous University of Mexico was not exempt from this educational upheaval but, due to its interdisciplinary nature, required creating and/or adopting a wide range of activities capable of training students to perform practical tasks associated with subject areas that span the natural and social sciences, the humanities, and the law. This report aims to describe the approaches undertaken in three subjects (Forensic Entomology, Forensic Anthropology, and Hematology & Serology) by interviewing instructors and examining their teaching materials. Also, through online surveys, students’ reactions to these approaches were elicited to learn about their suitability and teaching potential. Instructor’s experiences during the pandemic have proven to be a rich source of ingenious solutions, with implications well-beyond the current crisis, such as creating blended or fully online courses aimed at larger numbers of students, forensic and legal professionals, and even other instructors. The wide variety of forensic sciences offers the opportunity to innovate and improve the teaching and learning of science, particularly to the benefit of students that must combine their school tasks with professional and/or family duties.     

论反倾销应诉中司法会计数据的可采性

在反倾销案件中,反倾销调查机关为了做出倾销裁定和产业损害认定,通常需要依赖于从司法会计执业人所收集到的大量司法会计数据。在反倾销司法会计中,司法鉴定执业人依其法定身份的要求,运用专业知识进行判断。司法会计数据的可采性问题是决定应诉结果的一个重要因素。根据我国反倾销应诉的实际情况,急需提高司法鉴定人执业水平,进而提高我国企业应诉过程中产生的会计数据的可采性。     

The future of parenting plan evaluations: A view from the trenches

As expectations rise for parenting plan evaluators to be well-trained, skilled, and knowledgeable in numerous subject areas, and scrutiny of evaluators' work intensifies, the pool of qualified evaluators is shrinking nationwide. The future of parenting plan evaluation as a forensic subspecialty relies upon the availability of competent and committed professionals to do this challenging work, yet few are entering the field. Five experienced parenting plan evaluators from various regions of the United States, including the authors, met for a roundtable discussion to ponder the future of parenting plan evaluations. The panel discussed what drew them to the work, their experiences “in the trenches,” and what has kept them committed to doing evaluations despite daunting challenges. Their views of the rewards and risks of doing the work, barriers and disincentives to newcomers entering the field, recommendations to new evaluators, and outlook for the future are presented.     

Forensic Methods and Procedures Applied to Child Custody Evaluations: What Judges Need to Know in Determining a Competent Forensic Work Product

Judges are seeing an increase in the number of forensic reports in the area of child custody. This increase in forensic mental health involvement suggests that judges need to better understand the application of current forensic mental health methodology to assist them in determining a competent forensic work product. Recent literature has argued that child custody evaluators need to craft their reports consistent with scientific methods and procedures as well as legal standards governing admissibility of scientific evidence. This paper provides a framework for judges to assist in determining whether a child custody evaluation has been crafted consistent with current behavioral science literature pertaining to use of forensic mental health methods and procedures.     

司法鉴定中的专业判断

专业判断对鉴定结论的形成影响重大,是司法鉴定中一个重要问题。根据司法鉴定的有关规范,正确认识司法鉴定中的专业判断,对影响司法鉴定中专业判断的因素以及鉴定实务中如何改善专业判断质量等问题进行探讨,具有积极意义。     

An Early Tibetan Commentary on Atiśa’s Satyadvayāvatāra

Dīpa?kara?rījñāna (982–1054 c.e.), more commonly known under his honorific title of Ati?a, is a renowned figure in Tibetan Buddhist cultural memory. He is famous for coming to Tibet and revitalizing Buddhism there during the early eleventh century. Of the many works that Ati?a composed, translated, and brought to Tibet one of the most well-known was his “Entry to the Two Realities” (Satyadvayāvatāra). Recent scholarship has provided translations and Tibetan editions of this work, including Lindtner’s English translation (1981) and Ejima’s Japanese translation (1983). However, previously there was no known Indian or Tibetan commentary to this work. This article identifies for the first time a brief commentary to the Satyadvayāvatāra and discusses its content and purport in relation to early Madhyamaka philosophy in Tibet, and provides an annotated translation of the work. This early Tibetan commentary on the two realities (satyadvaya) provides important insight into how late eleventh century or early twelfth centuries Tibetan followers of Ati?a understood the tenets of Buddhist philosophy, the nature of valid cognition (tshad ma), and the importance of spiritual authority. The early Tibetan commentary to Ati?a’s Satyadvayāvatāra provides direct textual evidence of the beginnings of scholasticism in Tibet and offers an early perspective on the formative developments in the intellectual history of Tibetan Madhyamaka.     

Field reliability of competence to stand trial opinions: How often do evaluators agree, and what do judges decide when evaluators disagree?

Despite many studies that examine the reliability of competence to stand trial (CST) evaluations, few shed light on "field reliability," or agreement among forensic evaluators in routine practice. We reviewed 216 cases from Hawaii, which requires three separate evaluations from independent clinicians for each felony defendant referred for CST evaluation. Results revealed moderate agreement. In 71% of initial CST evaluations, all evaluators agreed about a defendant's competence or incompetence (kappa = .65). Agreement was somewhat lower (61%, kappa = .57) in re-evaluations of defendants who were originally found incompetent and sent for restoration services. We also examined the decisions judges made about a defendant's CST. When evaluators disagreed, judges tended to make decisions consistent with the majority opinion. But when judges disagreed with the majority opinion, they more often did so to find a defendant incompetent than competent, suggesting a generally conservative approach. Overall, results reveal moderate agreement among independent evaluators in routine practice. But we discuss the potential for standardized training and methodology to further improve the field reliability of CST evaluations.     

法庭科学实践教学探索

法庭科学是以科学技术手段确认相关法律事实的证据,是诉讼活动与科学技术密切结合的产物。在社会法制化程度日趋提高的今天,法庭科学已经成为法学专业培养高级人才不可缺少的一门重要学科。由于法庭科学具有自然科学的属性,专业性、实践性很强,针对缺少法庭科学前期基础的法学学生而言,采用实验及多媒体组合等多种实践教学模式不仅能够缩短教学时间、提高教学效率,突破教学的重点和难点,保证教学质量,而且能够充分发挥学生学习的主动性,极大地促进其能力的培养和综合素质的提高。本文通过对法庭科学人才素质培养目标的论证,阐述了法庭科学实践教学的主要模式及必备的条件,并结合现阶段法庭科学实践教学中存在的主要问题,有针对性地提出了相关的完善措施。     

Complex Trauma: Missed and Misdiagnosis in Forensic Evaluations

Psychological Injury and Law - Forensic evaluators frequently utilize diagnoses as a way to document the nature and severity of impairment and/or injury in civil and criminal cases despite...     

COMMENTARY ON TIPPINS AND WITTMANN'S "EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS:

Although in substantial agreement with Tippins and Wittmann's analysis, their call for a moratorium on the practice of custody evaluators making recommendations to the court does not solve the many problems that they have raised, and may have unintended consequences which place families at even greater risk. This commentary reflects our agreement with some of the authors' major points of contention, focuses on several points of disagreement, and suggests alternative remedies for the shortcomings and ethical problems described in child custody evaluations.     

Training parenting plan evaluators: Looking towards the future

Standards of practice for parenting plan evaluations continue to evolve, informed by advances in research and the development of innovative, evidence-based approaches to assessment and intervention. Parenting plan evaluators are asked to inform the court, parents, and other professionals on how to address the complex needs of increasingly diverse families amid reorganization, high conflict, and crisis. How can we attract and properly train new mental health professionals to do important work in an increasingly strained adversarial system? How can evaluators keep up with these advances over the course of their careers? How can they deepen and refine their skills to work with a diverse array of individuals, family constellations and an enormous range of family circumstances? And how can evaluators care for their own well-being and their colleagues? In this article, the authors describe a multi-dimensional approach to training both new and experienced custody evaluators that includes imparting baseline knowledge on how to conduct quality parenting plan evaluations as a starting point. We discuss a variety of modalities and approaches that can enable evaluators to deepen and expand their skills over the years, contribute to the diverse community of family law professionals, and manage the exceptional demands of working in this field.     

Forensic Engineering Critique of Mold Expert Opinions

Selecting a technical professional can be difficult. Using the court's guidelines can serve as a useful template for gauging qualifications. Since 1993 (Daubert v. Merrell Dow Pharmaceuticals 1993), the standard for admitting expert testimony has become increasingly more rigorous, as it has become better defined by subsequent case law and amended state statutes. This may contribute to increased dependence on expert reports to clarify issues, and serve as aids to negotiated settlements. Two examples are discussed where experts did not meet the criteria in this template.     

The impact of program developers as evaluators on criminal recidivism: Results from meta-analyses of experimental and quasi-experimental research

Using meta-analysis, we report on an investigation of the evaluator's influence in the treatment setting on criminal recidivism outcomes. Many evaluators and users of evaluation of social interventions worry that mixing of the roles of program developer and program evaluator may bias results reported in intervention studies in a positive direction. We first review the results of prior investigations of this issue across 50 prior meta-analyses, finding 12 that tested the impact of investigator influence in the treatment setting. Eleven of these reported that effect size increased positively, sometimes substantially so, when evaluators were influential or involved in the treatment setting. We followed this with a meta-analysis of 300 randomized field trials in individually focused crime reduction, also finding intervention studies in which evaluators who were greatly influential in the treatment setting report consistently and substantially larger effect sizes than other types of evaluators. We discuss two major views — the ‘cynical’ and ‘high fidelity’ theories — on why this is consistently the case, and conclude with a further agenda for research.     

ATTORNEYS' BELIEFS AND OPINIONS ABOUT CHILD CUSTODY EVALUATIONS

We surveyed a national sample of family law attorneys (N = 192) regarding their beliefs and opinions about child custody evaluations, particularly those performed by independent/private practitioners. Findings revealed participants' strongly preferred court‐ordered evaluations performed by doctoral‐level psychologists who assumed a neutral position. The participants expressed concern regarding procedures used by evaluators, the application of evaluation data to the Best Interests of the Child Standard, and certain report components. A clear majority supported evaluators making recommendations about custody and parenting time, but their satisfaction with these evaluations varied widely. Specific concerns and suggestions noted by the participants are highlighted; we conclude with recommendations.     

论法官直接认知与司法鉴定的界分

法官直接认知是法官直接对本案适用的法律、相关待证事实无需当事人举证证明或者在当事人举证已经达至证明标准时,直接加以确认形成内心确信的情形。司法鉴定是请求专家对案件事实或者证据事实出具相关意见的一种辅助证明活动。在我国的司法实践中存在着逃避法官直接认知而滥用司法鉴定的不良现象,应当在理论、立法和司法上准确理解法官直接认知和司法鉴定的功能与范围,二者不可简单替代,尤其不能以司法鉴定代替法官直接认知。     

The GeFI (Italian Forensic Geneticists) code of conduct

The Ge.F.I. (Italian Forensic Geneticists) board has set up a working group aimed to develop the “Code of conduct of a Forensic Geneticist”. This group includes all practitioners working in the field of forensic genetics. The rules of the code of conduct apply to forensic geneticists belonging to the GeFI group and all of those sharing the GeFI’s mission, vision and values applicable to their professional practice, reciprocal relationship and relationship with third parties.     

Forensic pitfalls

The lives of forensic psychiatrists are complicated and subject to stressful experiences because they have elected to interact with a social system very different from their own. This article presents discussion of these frequently troublesome areas commonly encountered by forensic psychiatrists in trying to respond to the law's requests and needs without sacrificing their medical integrity: (1) legitimate definition of expertise; (2) reasonable medical certainty; (3) generally accepted standard of care. They are explored with emphasis on the exercise of self-assessment by the involved forensic psychiatrists lest their incautious application of knowledge and expertise become pitfalls of their own making.