The Value of Crime Scene and Site Visitation by Forensic Psychologists and Psychiatrists

Site visits and crime scene visitation by forensic psychologists and psychiatrists may enhance the accuracy and credibility of their forensic work in criminal, civil, and other important contexts. This ethically sound technique of after‐the‐fact data collection and verification offers numerous potential benefits to the forensic mental health professional: clarifying the subject's actions, assessing the reliability of witness reports, identifying contextual determinants of behavior, and more fully illuminating subject motivation and decision‐making. Limitations and suggested guidelines for conducting site visits are offered. Guidelines include preplanning, arranging for an informed guide to accompany and narrate the visit, and conducting the site visit prior to forensic examinations.     

OUT-OF-COURT STATEMENTS BY VICTIMS OF CHILD SEXUAL ABUSE TO MULTIDISCIPLINARY TEAMS: A CONFRONTATION CLAUSE ANALYSIS

Acknowledging the rapid growth of child sexual abuse in the United States, this Note advocates for the recognition of a limited exception to the blanket-hearsay ban on out-of-court statements made by unavailable declarants set out by the Supreme Court in Crawford v. Washington . In order to protect a criminal defendant's Sixth Amendment confrontation right, Crawford requires that hearsay evidence that is "testimonial" in nature be deemed inadmissible if the witness is unavailable and the defendant does not have a prior opportunity to cross-examine the witness against him. However, Crawford noted that, where nontestimonial hearsay is at issue, cross-examination may not be necessary. Accordingly, where a child sexual abuse victim makes statements during a structured or semi-structured forensic interview to a member of a multidisciplinary team, these statements should be deemed nontestimonial and thus admitted into evidence, without requiring cross-examination of the child. Allowing for this exception to the general hearsay ban in Crawford is not only consistent with current precedent, but it is also warranted to promote public policy and to curb the negative impact such abuse has on society.     

Examination of live victims of violent crimes at the Institutes of Legal Medicine of Hanover, Cologne and Leipzig

During the last few years the importance of clinical forensic medicine has increased within the field itself, but also in interdisciplinary cooperation. Although examinations of live victims play a substantial role in the every-day work of most German forensic scientists, the number of data published on their frequency and the type of offence for which they were performed is small. For this reason a comparison of the data from the Institutes of Legal Medicine in Hanover, Cologne and Leipzig was carried out. Most of the examinations performed by all the three institutes were ordered by courts, the prosecution or the police. Only in a few cases did private persons or hospitals ask for a forensic expert opinion on injuries. During the study period the total number of examined violence victims per annum increased noticeably from 252 in 1999 to 507 in 2003. The total number of examinations during the five-year study period amounted to 1181 in Hanover, 393 in Leipzig and 198 in Cologne, which all have a similar number of inhabitants in the respective catchment area of the institutes. Most of the examinations were carried out in victims of bodily harm, sexual assault and child abuse, but also in traffic offences, for age determination, in self-inflicted injuries and in suspects of homicide. On the one hand the remarkable rise of the number of physical examinations shows that the importance of forensic expert opinions is increasingly recognized. On the other hand the considerable regional differences demonstrate that the competence offered by the Institutes of Legal Medicine in the documentation and interpretation of violence is by far not yet sufficiently used.     

Clinical forensic examination findings and legal outcome in cases of suspected sexual child abuse

The clinical forensic examinations conducted at the Institute of Legal Medicine of the Hanover Medical School between 1999 and 2008 in cases of suspected sexual abuse of children were evaluated retrospectively and analysed with regard to their legal outcome. In total, the study included 223 children (172 girls, 51 boys) with a median age of 8.6 years. In 34 children (15.2%), forensically relevant diagnostic findings due to anogenital injury and/or detection of semen were recorded. Perpetrators were convicted more often when they were not a member of the victim's family. In cases with victims aged seven years or older, conviction was more common. The study shows that medical findings can best be preserved by an immediate clinical forensic examination. Suspected sexual child abuse can often not be proved by medical examination results, but in some cases diagnostic findings are not mandatory for conviction.     

Clinical forensic examination findings and legal outcome in cases of suspected physical child abuse

Clinical forensic examinations performed at the Institute of Legal Medicine of the Hanover Medical School between 1999 and 2008 in cases of suspected physical abuse of children were analyzed retrospectively with special emphasis on the legal consequences. Altogether, 192 children (85 girls, 107 boys) with a median age of 4.4 years were examined. In 47 cases (24.5 %), the clinical forensic examination findings were interpreted as accidental injuries, birth traumas or unspecific findings. 29 victims (20.0 %) had suffered a shaken baby syndrome. Only part of the presented cases ended with conviction, which was more likely if the victims were aged between 7 and 11 years. Prison terms of 2 years and more were imposed only if the child suffered potentially or acute life-threatening injuries or if additional anogenital lesions were diagnosed indicating sexual child abuse.     

Educating Jurors about Forensic Evidence: Using an Expert Witness and Judicial Instructions to Mitigate the Impact of Invalid Forensic Science Testimony

Invalid expert witness testimony that overstated the precision and accuracy of forensic science procedures has been highlighted as a common factor in many wrongful conviction cases. This study assessed the ability of an opposing expert witness and judicial instructions to mitigate the impact of invalid forensic science testimony. Participants (N = 155) acted as mock jurors in a sexual assault trial that contained both invalid forensic testimony regarding hair comparison evidence, and countering testimony from either a defense expert witness or judicial instructions. Results showed that the defense expert witness was successful in educating jurors regarding limitations in the initial expert's conclusions, leading to a greater number of not-guilty verdicts. The judicial instructions were shown to have no impact on verdict decisions. These findings suggest that providing opposing expert witnesses may be an effective safeguard against invalid forensic testimony in criminal trials.     

性侵儿童案中被害人陈述可信度判断研究

在性侵儿童案中,由于被害儿童身心特点,导致其作证能力和证言可信度常存在争议。但实际上年幼不是否认儿童作证能力的决定性因素。在性侵儿童案件中,要摒弃过度纠缠于对儿童作证能力的争议,将作证能力与证言可信度分开,肯定其作证能力,而着重判断证言可信度。通过对371份性侵儿童案件的裁判文书的分析可知,判断儿童被害人陈述可信度的因素与判断成年被害人陈述可信度的因素大致相同,同时实践中也结合儿童的特点提出了有针对性的考量因素。因此,对"童言"过于忌惮实无必要。在判断儿童被害人陈述可信度时,可以主要依靠判断被害人(证人)可信度的通常方法,同时更多地引入专家证人/辅助人帮助理解儿童行为和心理特点。这样将有助于解决儿童作证涉及的证明问题,更好地保护儿童权益。     

When an Alibi Is Not Enough: Judgments of Evidence Needed to Lay Charges in a Burglary Case

Laypersons were asked to assume the role of investigators to explore judgments of what evidence is needed to make an arrest in a criminal investigation when an alibi witness is present. Participants were sensitive to the relationship between the alibi witness and the suspect and were more likely to believe an alibi provided by someone unrelated to the suspect, as evidenced by requests for more physical evidence against the suspect than when the alibi corroborator was a family member. In addition, when presented with contradictory evidence, the age of the alibi witness became an important consideration. Age alone did not impact perceptions of evidence adequacy; however, when an (adult) eyewitness provided testimony that contradicted a child alibi witness, participants demonstrated partiality towards believing the child as evidenced by (a) more requests for physical evidence to be convinced the child was wrong and to arrest the suspect and (b) higher ratings of alibi witness credibility. This effect was not seen when the eyewitness’s testimony contradicted an alibi provided by an adult. The results provide insight for investigators and legal counsel regarding the influence of varying types of alibi witness evidence.     

The effect of a judicial declaration of competence on the perceived credibility of children and defendants

Purpose. Three studies were conducted to determine the effect of a judicial declaration of competence on perceptions of credibility towards a child witness and an adult defendant. Methods. Undergraduates read vignettes about a 5‐ or a 13‐year‐old child witness or an adult involved in either a sexual assault case or a motor vehicle accident case. In the child conditions, the case was either preceded by a declaration of the child's competence to testify (either specific or general declaration) or there was no mention of the competence of the child. Participants then rated the perceived credibility of both the complainant/witness and the defendant. Results. A judicial declaration of competence that was targeted at the particular child sometimes increased the credibility ratings of the child and decreased those of the defendant, sometimes to levels beyond those observed in the adult conditions. These effects on credibility were not replicated when a general declaration of all children's competence was used. In fact, the general declaration sometimes resulted in more positive ratings of the defendant. Conclusions. These results are discussed in the context of recommendations for the use of competence evaluations and declarations of competence in court.     

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.     

The role of clinical forensic medicine in cases of sexual child abuse

The work of specialists in forensic medicine in those cases of child abuse that result in the killing of a child is defined and well known. It is less well defined in cases of (suspected) sexual abuse. The cases presented show the difficulties that arise if medical doctors and prosecutors are uncertain about the procedures that have to be followed or do not appreciate the value of objective findings. It is concluded that knowledge about necessary examinations by physicians, police officers and prosecutors has to be promoted in order to improve handling and (legal) outcome of these cases.     

The Believability of Hearsay Testimony in a Child Sexual Assault Trial

Two experiments investigated how mock jurors react to hearsay testimony in a case involving child sexual assault. Participants read a fictional criminal trial summary involving the sexual assault of a 4-(Experiment 2 only), 6-, or 14-year-old female. The summaries were presented in one of four conditions: (a) child condition—the alleged victim testified; (b) hearsay condition—the alleged victim did not testify, but an adult hearsay witness did testify; (c) multiple condition (Experiment 1 only)—both the alleged victim and the adult hearsay witness testified; and (d) no-witness condition—neither the alleged victim nor the hearsay witness testified. The hearsay testimony was believed to a considerable degree, and this testimony led to an increase in the perceived guilt of the defendant. Moreover, these results were comparable to those of conditions in which the alleged victim testified. The results are discussed in terms of the psychosocial factors affecting the perception of hearsay testimony in a child sexual assault trial.     

Medical examination of sexually abused children: medico-legal value

The Department of Forensic Medicine (forensic pathology and clinical forensic medicine), Aarhus, Jutland, Denmark, performs examinations of children suspected to have been sexually abused when reported to and requested by the police in Jutland, Denmark. Jutland covers an area of 210,000 km2 with about 300,000 inhabitants in Aarhus. A colposcope initially equipped with an Olympus camera, but now with a video camera attached has been used since 1994. Since 1994 the department has performed more than 100 examinations of children suspected of having been sexually abused. A preliminary study was taken to evaluate all cases from 1995 including the legal outcome. RESULTS: The material included 34 cases with three boys, mean age 11 years, and 31 girls, mean age 8 years, at the time of the examination. The sexual abuse events were fondling including penetration of the vagina, vaginal (14), anal (7), and oral (5) intercourse as well as cunnilingus and nontouching abuses. The medical examination was most often performed more than a week after the abuse. The examination revealed normal findings in 23 cases, nonspecific findings including erytherma in 13 cases, and in only one child was a traumatic lesion with rupture of the hymen seen. The perpetrators were above 25 years of ane and were family members or someone known to the child. Nine perpetrators were convicted at court, of whom three admitted having abused the child. CONCLUSION: A medical examination in cases of sexual child abuse seldom provides a legal proof of sexual abuse. The most important is the story told by the child. Therefore, the examination is a supplement which may support or remain neutral to the story told by the child.     

Complex brain malformation as a rare cause of neonatal death

A dead female neonate was brought to a children's hospital by the mother. The MRI scan suggested a malformation of the brain. Because of the other circumstances of the case (the mother left the hospital unauthorizedly), a forensic autopsy was ordered, in the course of which the brain was removed while the head was totally immersed in water. This method, which was introduced by Prahlow et al., helps to obtain intact brain specimens without interfering with the necessary medicolegal preparations to determine whether the child was born alive. Neuropathological examinations classified the cerebral malformation as (lethal) lissencephaly. Further investigations showed that the mother had lived in Germany without a residence permit.     

Suicide by electrocution with low-voltage current

Three cases of suicide by electrocution with low-voltage current were observed in five years (1994-1998) by medical clinical forensic examiners of an Emergency Forensic Unit of the Paris suburb among 2,000 external death examinations. The cases involved one woman, aged 72 and two men, aged 38 and 41. In the last two cases, electric burns were retrieved under bared electric wires, placed on the arms or fingers in order to realize a hand-to-hand electric circuit involving the heart muscle. In the other case, the electric circuit between mouth and foot also involved the heart muscle. Household low-voltage current delivered (220 V in France) had a sufficient strength to induce local muscular paralysis and heart fibrillation. In the three cases, blood samples taken have retrieved very high levels of muscular enzymes (CPK, LDH) correlated to the mechanism of electric death. The rareness of suicide by electrocution and its forensic characteristics are detailed in order to help the clinical forensic examiners, prosecutors, and police officers concerned by such death examinations.     

The impact of protective shields and videotape testimony on conviction rates in a simulated trial of child sexual abuse

In Experiment 1 mock jurors watched a videotape simulation of a sexual abuse trial that included a 10-year-old child witness testifying in one of three different modalities: (1) The child testified in court while directly confronting the defendant (open court condition). (2) The child testified in court with a protective shield placed between the child and the defendant (shield condition). (3) The child testified outside the courtroom and the child's testimony was presented to the jury and the defendant on a video monitor (video condition). The mock jurors judged the guilt of the defendant after watching the entire trial. The modality of the child's testimony had no impact on conviction rates. In Experiment 2 subjects watched the same trial that was used in Experiment 1. The trial was stopped immediately after the child testified (the child was the first witness to take the stand), and subjects judged the guilt of the defendant. The modality of the child's testimony had a significant impact on conviction rates. Subjects in the open court condition were more likely to convict the defendant than subjects in the shield and videotape conditions. These findings are relevant to Supreme Court decisions regarding the use of protective devices with child witnesses.     

《儿童权利公约》与我国儿童证人权利制度之完善

儿童证人是刑事诉讼中特殊的诉讼参与人。《儿童权利公约》确立了对儿童权益保护的一般原则，有关国际文件也确立了儿童证人在刑事诉讼中所应享有的诉讼权利。国外的刑事诉讼立法有的也对儿童证人权利制度作了规定。比较而言，我国儿童证人权利制度内容贫乏，既不能满足司法实践对儿童证人保护的需要，也没有体现公约及有关国际文件的要求。应从免于宣誓等方面构建我国儿童证人权利制度。     

Virtopsy,a new imaging horizon in forensic pathology: virtual autopsy by postmortem multislice computed tomography (MSCT) and magnetic resonance imaging (MRI)--a feasibility study

Using postmortem multislice computed tomography (MSCT) and magnetic resonance imaging (MRI), 40 forensic cases were examined and findings were verified by subsequent autopsy. Results were classified as follows: (I) cause of death, (II) relevant traumatological and pathological findings, (III) vital reactions, (IV) reconstruction of injuries, (V) visualization. In these 40 forensic cases, 47 partly combined causes of death were diagnosed at autopsy, 26 (55%) causes of death were found independently using only radiological image data. Radiology was superior to autopsy in revealing certain cases of cranial, skeletal, or tissue trauma. Some forensic vital reactions were diagnosed equally well or better using MSCT/MRI. Radiological imaging techniques are particularly beneficial for reconstruction and visualization of forensic cases, including the opportunity to use the data for expert witness reports, teaching, quality control, and telemedical consultation. These preliminary results, based on the concept of "virtopsy," are promising enough to introduce and evaluate these radiological techniques in forensic medicine.     

Evaluating the Probative Value of Child Custody Evaluations

It has previously been argued that a competent forensic work product is defined, in part, by the evaluator's use of conventional forensic methods and procedures applied to child custody evaluations (Gould, 1998) and that the more judges and other legal professionals understand about forensic methods and procedures, the better they are able to critically weigh the substance and merit of a child custody evaluation (Gould & Bell, 2000). These forensic methods and procedures have their foundation in the behavioral sciences and are characteristic of competent and comprehensive forensic evaluations conducted for other legal purposes. In this paper, we provide a more detailed model for critiquing the forensic competence of a child custody report. Such a model better assists courts and lawyers in understanding how to assess the substance and admissibility of custody reports.