The case for pain neuroimaging in the courtroom: lessons from deception detection

From an observer''s perspective, pain is a fairly nebulous concept—it is not externally visible, its cause is not obvious, and perceptions of its intensity are mainly subjective. If difficulties in understanding the source and degree of pain are troublesome in contexts requiring social empathy, they are especially problematic in the legal setting. Tort law applies to both acute and chronic pain cases, but the lack of objective measures demands high thresholds of proof. However, recent developments in pain neuroimaging may clarify some of these inherent uncertainties, as studies purport detection of pain on an individual level. In analyzing the scientific and legal barriers of utilizing pain neuroimaging in court, it is prudent to discuss neuroimaging for deception, a topic that has garnered significant controversy due to premature attempts at introduction in the courtroom. Through comparing and contrasting the two applications of neuroimaging to the legal setting, this paper argues that the nature of tort law, the distinct features of pain, and the reduced vulnerability to countermeasures distinguish pain neuroimaging in a promising way. This paper further contends that the mistakes and lessons involving deception detection are essential to consider for pain neuroimaging to have a meaningful future in court.     

A Critical Assessment of Using Children to Participate Actively in Hostilities in Lubanga Child Soldiers and Direct Participation

The first judgment of the International Criminal Court, delivered on 9 March 2012, raises a pivotal and equally controversial issue of what constitutes ‘active participation in hostilities’ for the purpose of the child solider offences under the Rome Statute in the case against Thomas Lubanga Dyilo. The Majority (Judge Fulford and Judge Blattmann) adopted a broad definition of the notion of ‘active’ participation and the Minority (Judge Benito) an even more ample one. This was achieved by distinguishing between ‘active participation in hostilities’ and ‘direct participation in hostilities’ and by recourse to the travaux préparatoires of the Rome Statute and to human rights norms. The purpose of this contribution is to demonstrate that the meaning of ‘active participation in hostilities’ under Articles 8(2)(b)(xxvi) and 8(2)(e)(vii) of the Rome Statute is not ambiguous or obscure, but is the same as that of ‘direct participation in hostilities’ under international humanitarian law. Recourse to supplementary means of interpretation by the Trial Chamber, be it to the travaux préparatoires, or to human rights norms, was unnecessary and misguided. The contribution will also draw some conclusions on how criminal liability before the ICC may be excluded for Articles 8(2)(b)(xxvi) or 8(2)(e)(vii) of the Rome Statute on the basis of the broad definition adopted by the Trial Chamber of the notion of ‘active participation in hostilities’ and will discuss other consequences arising from the judgement at hand.     

An anthropological analysis of gunshot wounds to the chest

This analysis of gunshot trauma to the bony thorax examines 87 handgun and rifle wounds from documented cases in an effort to corroborate an earlier report and to provide the forensic community with additional literature in this area. Specifically, this study tests whether the trauma signatures associated with gunshot wounds in the bony thorax are useful in determining the direction of fire. Because the ribs occupy a significant portion of the bony thorax, they are struck more frequently than other bones and, consequently, they are the focus of this report. This study confirmed that bullets can leave distinctive markers on ribs that indicate the direction of fire, including depressed fractures, bone fragments displaced in the direction of the bullet's path, and beveling. Although forensic anthropologists can determine the direction that a bullet was traveling when it struck a given rib, they cannot give a definitive statement about the number or sequence of gunshots without supporting soft tissue evidence.     

Die Grundwasserrichtlinie

Ohne Zusammenfassung     

Improving Sex Estimation from Crania Using a Novel Three‐dimensional Quantitative Method,,

This study utilizes an innovative 3D approach to discover metric variables that obtain the highest classification rates for sex estimation from the cranium. Models were constructed from 222 cranial CT scans of U.S. Whites from the Bass Donated Collection. These models were used to create a statistical bone atlas that captures the primary shape variation in the skull and facilitates rapid computer‐automated analyses. The bone atlas showed that important size‐related sex variables are bizygomatic breadth, maximum cranial length, cranial base length, and mastoid height. Shape‐related variables capture sex differences in the projection of the glabellar region, inclination of the frontal, and cranial base flexion. In addition, vault thickness is highly dimorphic, with females having on average thicker vaults in the frontal region, and males having thicker vaults in the occipital region. Cross‐validated linear discriminant analysis obtained >95% accuracy (97.5% with 11 variables and 95.5% with eight variables).     

Effectiveness of Risk-Needs-Responsivity-Based Family Violence Programs with Male Offenders

The following presents the outcome of an evaluation of family violence prevention programs for male offenders. The moderate and high intensity programs were designed and implemented to conform to the Risk-Needs-Responsivity (RNR) principles. Results showed that program participation significantly reduced attitudes that supported violence against women and improved pro-social skills related to non-abusive relationships; treatment effects were moderate to high. Parole officer feedback generally reported positive changes in behavior and attitude associated with treatment. A post-release follow-up indicated that program completion significantly reduced spousal violence and general violent recidivism. Program participation did not, however, have a significant impact on non-violent crime. Results indicate that domestic violence programs respecting the RNR principles may be effective in reducing partner violence.     

Spheno-occipital synchondrosis fusion in modern Americans

This study examines spheno-occipital synchondrosis fusion in the modern American population and presents age ranges for forensic use. The sample includes 162 modern individuals aged 5-25 years. The basilar synchondrosis was scored as open, closing, or closed via direct inspection of the ectocranial site of the suture. Transition analysis was used to determine the average ages at which an individual transitions from unfused to fusing and from fusing to fused. The maximum likelihood estimates from the transition analysis indicate that females are most likely to transition from open to closing at 11.4 years and males at 16.5 years. Females transition from closing to closed at 13.7 years and males at 17.4 years. The probability distributions associated with these maximum likelihood estimates were used to derive age ranges for age estimation purposes. These results reflect sexual dimorphism in basilar synchondrosis fusion and agree approximately with average age at pubertal onset.