A forensic science approach to a starved child

A 19-month-old, 3.6-kg (8-lb) female child dies after a protracted course. The child was premature and suffered a stormy perinatal and postnatal period. When there is underlying disease or a condition potentially sufficient in and of itself to result in a "starved child," isolation of the results of potential neglect presents particular difficulties. The approach to the resolution of this question will be addressed.     

Competency to be executed: Panetti v. Quarterman

The ABA has studied extensively the constitutionally minimum requirements for executing mentally ill offenders. That study has led the Association to conclude that execution of such an offender is constitutionally permissible only if the offender "not only ... [is] 'aware' of the nature and purpose of punishment but also ... 'appreciate[s]' its personal application in the offender's own case, that is, why it is being imposed on the offender." Report in Support of Resolution 122A (Aug. 2006) (emphasis in original). The court below held that a death row inmate who, due to a serious mental disability, suffers from the delusion that the actual reason he is to be executed has nothing to do with his crime is nevertheless competent to be executed. To survive constitutional scrutiny, however, capital punishment must serve the purpose of retribution. The Fifth Circuit's holding breaks that link because it does not require that the offender have any understanding of why he is being put to death--that is, of the retributive purpose of his execution.     

服刑能力的司法鉴定及相关因素分析

目的探讨影响服刑能力的相关因素。方法采用自编服刑能力调查表对309例服刑犯人的鉴定资料进行回顾性调查分析,采用SPSS 13.0软件统计并进行服刑能力影响因素的相关性分析。结果两组在受教育程度、职业分布和婚姻状况上有显著性差异(P(0.01);两组在送鉴原因、案件类型、刑期、精神病学诊断多方面亦有显著性差异(P(0.01)。Logistic回归分析表明精神病学诊断、概念紊乱、刑罚认知、违规认知、接受教育、睡眠障碍与服刑能力的评定均呈显著性相关(r=1.901~28.711P=0.000~0.045)。结论服刑能力的评定与送鉴原因、案件类型、刑期、精神病学诊断、概念紊乱、刑罚认知、违规认知、接受教育和睡眠障碍密切相关。     

Child witness research and forensic interviews of young children: A review

In this article, we provide an introduction to child eyewitness memory issues that are frequently discussed and debated, both within the research and practice communities. We review several of the central areas of research on child eyewitness memory and some of the most promising protocols aimed at standardizing and improving child forensic interviews. We focus primarily on memory in young children, because they pose particular challenges. Research on the use of props and external cues to prompt young children's memory is discussed. We also review research on professionals' knowledge and attitudes about children as witnesses. It is concluded that we must guard against overly negative or overly optimistic views of children's abilities.     

医学会应做好准备 积极应对专家出席法庭

新修订的《中华人民共和国民事诉讼法》于2013年起开始实施。当事人对鉴定结论有异议,要求鉴定专家出席法庭作证已是大势所趋。医学会开展医疗事故(医疗损害)鉴定,专家签名和出席法庭的问题已经没有讨论的必要,如何采取措施积极应对是医学会要迫切考虑解决的问题。医学会、相关专家学者对这一问题进行过多次讨论,提出了多种建议、过度办法以及应对措施,但具体如何操作,还需要在实践中总结和探索。笔者以为,塑造和培养一支优秀的鉴定专家队伍,保证鉴定结论客观、科学、公正,写好鉴定书分析意见,使鉴定结论令当事人信服,是解决这一问题的关键。     

儿童牙齿外伤性脱落的法医学鉴定1例

案例　杨某,男,7岁.某日被李某（男,37岁）用拳打击面部.当日,杨某被医院诊断为上唇粘膜挫伤,左上颌侧切牙、尖牙外伤性脱落.     

儿童牙齿外伤性脱落的法医学鉴定1例

案例杨某,男,7岁。某日被李某(男,37岁)用拳打击面部。当日,杨某被医院诊断为上唇粘膜挫伤,左上颌侧切牙、尖牙外伤性脱落。法医学检查:杨某上唇粘膜小片状淤血,左上颌中切牙、侧切牙及尖牙缺失。其中侧切牙、尖牙牙槽窝凹陷,其内可见血迹且触痛明显。中切牙牙槽窝内可见一新生     

Co‐witness information influences whether a witness is likely to choose from a lineup

Purpose. Much crime is witnessed by more than one eyewitness, and witnesses may learn information about other witness's decisions throughout the identification and trial process. The objective of this paper was to investigate whether hearing about a co‐witness's type of lineup decision and subsequent confidence level affects another witness's type of lineup choice. Methods. A total of 304 undergraduate students watched a crime video with a confederate co‐witness. After the video, the witnesses completed an identification task. Prior to completing the task, the participant learned that the confederate co‐witness either chose from or rejected the lineup and was subsequently confident or not confident in that decision (or heard no co‐witness information). Participants completed the identification task using either a target present (TP) or target absent (TA) lineup. Results. Overall, those who heard the co‐witness chose from the lineup were more likely to choose from the lineup than those who heard no co‐witness information or who heard the co‐witness rejected the lineup. In addition, witnesses who chose from the lineup and heard the co‐witness chose from or rejected the lineup expressed more confidence in that choice if the co‐witness was more confident versus if the co‐witness was less confident. Conclusions. In cases of multiple witnesses, identification decisions may not be independent pieces of evidence. Therefore, it is important that police separate co‐witnesses throughout the identification process.     

Virtual forensic anthropology: Novel applications of anthropometry and technology in a child death case

Full-body 3D virtual reconstructions were generated using 3D technology and anthropometry following the death of a young girl, allegedly from severe malnutrition as a result of abuse and neglect. Close range laser scanning, in conjunction with full colour digital texture photography, was used to document the child's condition shortly after death in order to demonstrate the number and pattern of injuries and to be able to demonstrate her condition forensically. Full-body digital reconstructions were undertaken to illustrate the extent of the malnutrition by comparing the processed post mortem scans with reconstructed images at normal weight for height and age. This is the first known instance of such an investigative tool.     

Should forensic patients be informed of evaluators' opinions prior to trial?

There are several articles in the literature that discuss the problems which occur when persons who have been evaluated by forensic clinicians hear the results of those evaluations for the first time in court. The authors agree that the scenarios presented are problematic but suggest that in many cases the problems can be avoided by sharing the information with the person prior to presenting it in court. They present several case examples to illustrate their point.     

Known semen donors: to be or not to be a parent

The law has failed to keep pace with the reality that lesbian couples are conceiving children and raising families. At both Commonwealth and State levels, a complex web of legislation engulfs and winds its way through this area of the law. This article seeks to expose some of the bizarre and anomalous consequences that have emerged through the interaction of these provisions and the resulting judicial interpretations. It is argued that this incongruous, unsatisfactory situation cannot be allowed to continue. Uniform State and Commonwealth legislation must be enacted and existing Commonwealth legislation modified to avoid ongoing inconsistencies. Finally, legislative amendments are recommended which, it is argued, will go some way towards rectifying the situation.     

Competency to stand trial: a conceptual model for its proper assessment

The assessment of competency to stand trial is frequently fraught with conceptual confusion resulting from a failure to properly apply the data of the clinical examination to the relevant legal criteria. A basic question scheme that encompasses (1) the defendant's psychiatric status, (2) the effects of that status on his functioning, and (3) his apparent ability to participate in legal proceedings, is introduced to clarify the evaluation of fitness to stand trial. The way in which combinations of answers to three "basic questions" generate a scheme that clarifies the difficulties encountered in most competency evaluations is shown. Eight paradigm cases are generated. Five of these (competence, incompetence, mentally ill but competent, malingering, and impaired but competent) are frequently straightforward. However, the three possibilities in which a defendant meets criteria entailed by two of the three questions are inherently subject to controversy. These situations (circumscribed psychosis related to the charges, malingering in the context of mental illness, and functional deficits in the context of minor mental illness) are discussed in detail and illustrated with case material.