An alleged assault by police

A case is presented of self-inflicted injuries alleged to have been sustained during an assault by police. A summary is given of the factors in this case differentiating between self-inflicted injuries and those due to an assault. The desirability of taking photographs of injuries in cases of alleged assault and the importance of keeping an open mind when assessing injuries are emphasised. The need for greater awareness in the medical and legal professions of the advantages of a forensic medical opinion in the assessment of injuries is mentioned.     

Settling for Less? Organizational Determinants of Discrimination‐Charge Outcomes

Although more than 60,000 workers formally charge their employers with unlawful sex or race employment discrimination annually, fewer than one in five charges results in outcomes favorable to the complainant. Building on sociolegal and organizational theory, this study examines how employing organizations avoid unfavorable discrimination-charge outcomes. Using EEO-1 establishment reports matched to discrimination charge data provided by the Equal Employment Opportunity Commission, I assess the effect of employers' legal experience, resources, and indicators of legal compliance on the likelihood that complainants receive favorable charge outcomes, benefits, monetary settlements, and policy change mandates. In general, I find that legal experience, establishment size, and indicators of legal compliance insulate employers from unfavorable charge outcomes. However, in situations where employers are willing to settle claims, legally experienced establishments are more likely to pay monetary damages and receive mandates to change their workplace policies.     

Distinguishing Between Damage to Clothing as a Result of Normal Wear and Tear or as a Result of Deliberate Damage: A Sexual Assault Case Study

Abstract:  This paper focuses on bra damage, specifically damage observed in hook and eye fasteners that are generally located at the backstraps of bras. We describe bra design including the method by which hook and eye fasteners are generally constructed. We assess bra damage in two situations where the damage observed was unexpected given the case scenarios. These were: (i) the complainant of an alleged rape attributed damage to her bra hooks to force during a struggle and (ii) the complainant had earlier manipulated her bra hooks in an incident not related to her complaint. Steriomicroscopy and reconstruction experimentation were necessarily used to assess the bra damage. A systematic approach to damage analysis was employed by the forensic practitioners to correctly identify damage as being a result of mechanical manipulation and therefore as falsified. This paper suggests that more examples of falsified damage should be documented.     

Forensic Assessment of Adults Reporting Childhood Sexualized Assault: a Lifespan Developmental Analysis

Many adults reporting childhood or adolescent sexualized assault (CSA) seek remedies through civil proceedings, thus necessitating a forensic assessment to determine the nature and extent of any psychological injuries related to such assault. Such assessments pose challenges, as CSA often occurred years earlier and may have affected not only immediate functioning but also later psychological maturation. The present paper explains how a lifespan developmental analysis can assist such assessments. The concepts of psychological development, attachment, developmental trajectory and risk and resilience can help in evaluating whether and how CSA affected normal psychological development, in determining the influence of risk factors other than CSA and in considering resiliency factors. Risk, resilience and psychological function must be examined in the domains of individual abilities and attributes, relationships and significant life activities both pre- and post-assault. Data on pre-assault risk, resilience and function can be used to estimate a “but for the assault” developmental trajectory that can then be compared to the individual’s actual developmental trajectory. This analysis, together with analysis of the severity of CSA, can assist in determining whether and how the CSA that is the basis for civil proceedings contributed to later life psychological injuries.     

Death Due to Coronary Artery Insufficiency Following Blunt Trauma to the Chest

There have been numerous reports of sudden cardiac death following blunt trauma to the chest, but there is lack of such references in forensic literature. It is the court of law which makes decision about trauma precipitating natural events. The forensic pathologist is scientifically trained in the medical field and would be in a better position to give clear picture about the victim's general status at the time of death, exact nature and severity of the illness he is suffering from if any. He can also assess the nature and severity of injuries sustained, and thus, his opinion as to the possible role played by the traumatic event in bringing about the death is valuable. This paper will discuss the mechanism of cardiac injury or possible cardiac injury and sudden death of an apparently healthy 36‐year‐old male following blunt chest trauma sustained during alleged assault by his neighbor.     

Reconstruction of a real car-pedestrian-accident. Part I: Generating an individual digital topographic image of the victim

The aim of forensic biomechanics is the reconstruction of traumatic events based on the pathological findings in the victim's morphology, the accident traces and the car damages. The use of forensic documentation tools (e.g. Streifenlichttopometrie) enables 3-dimensional and proportional accurate documentation of the victim's body, of its injuries and of the car damages with submillimeter precision. The generated topographic image serves as input for a multi-body system model of the victim. It allows further to determine exactly the contact points between car and victim for a computer simulated dynamical reconstruction of the impact situation. In the case of an accident involving a car and a pedestrian the generation and application of computer aided 3-dimensional reconstruction models are shown.     

Legal damages for losses of chances

Traditionally, damages for torts have been awarded on an all-or-nothing basis. In malpractice suits, however, a growing number of courts are holding doctors liable for negligent acts that reduces a patient’s chance of survival, even if the patient’s chances for recovery have already been less than 50%. For lack of a general principle, a disparate variety of loss of chance rules seems in use. To provide some more systematic guidance, the present paper proposes to look directly at the interaction between the injurer’s act and a random move of nature that captures the uncertainty. For any given move of nature, damages are still awarded on an all-or-nothing basis. If however, for lack of observability, moves of nature cannot sufficiently be distinguished, averages of correct damages over observable events are taken. While the scheme aims at compensatory goals of tort law, as a by-product, it also generates efficient precaution incentives provided that due care standards obey the Hand Formula.     

Complainant emotional expressions and perceived credibility: Exploring the role of perceivers’ facial mimicry and empathy

Purpose

This research investigated the roles of perceivers’ facial mimicry and empathy in the emotional victim effect (EVE) – the finding that complainants tend to appear more credible when exhibiting (vs. not exhibiting) negative emotional displays during their statements. Because facial mimicry plays a key role in empathic responding, it was hypothesized that inhibiting and facilitating perceivers’ mimicry would attenuate and amplify the EVE, respectively.

Methods

Participants (N = 362) in an experiment were instructed to mimic or not to mimic facial expressions (controls received no mimicry instructions) while watching a statement by an emotional or non‐emotional rape complainant. Participants rated the complainant's believability and the extent to which they experienced cognitive and affective empathy.

Results

The perceived believability of the complainant was not affected by complainant emotions, thus failing to replicate the EVE. However, the inhibition of mimicry unexpectedly reduced the perceived believability of the complainant, apparently by decreasing participants’ cognitive empathy.

Conclusions

The current findings suggest that mimicry inhibition may increase scepticism in the context of credibility assessment. This has important implications for decision‐making in legal settings and for research on the process of credibility attribution. Moreover, the failure to replicate the EVE adds to the cumulative evidence on the underlying effect size for the phenomenon.     

The Effects of Prior Workplace Behavior on Subsequent Sexual Harassment Judgments

A dual processing model of sexual harassment judgments predicted that the behavior of a complainant in a prior case would influence evaluations in an unrelated subsequent case. In the first of two experimental scenarios depicting social-sexual conduct at work, the female complainant's conduct was manipulated to be aggressive, submissive, ambiguous, or neutral. Half of the participants were asked to reflect upon the first scenario after reading it and before answering responsibility questions. The other half simply reviewed the scenario and answered the questions. When the complainant acted aggressively, her behavior in the first scenario caused men who reflected on the fact pattern to find less evidence of harassment. Most interestingly, an aggressive complainant observed in the first scenario caused participants (especially women) to rate lower the likelihood that a neutral complainant in a second independent case was the victim of gender discrimination. Across cases, men found less evidence of harassment than did women.     

Validation of the Child Sexual Abuse Knowledge Questionnaire

A validation study of the Child Sexual Abuse Knowledge Questionnaire (CSA-KQ) was conducted on a sample of 1712 non-empanelled jurors in the greater Sydney area, Australia. The CSA-KQ contains nine items derived from empirical findings on common misconceptions about typical features of abuse offences, children’s responses to child sexual abuse, and their ability to give reliable evidence. Study 1 tested the factor structure of the questionnaire in a sample of 843 non-empanelled jurors. The best model indicated by exploratory factor analysis had two factors: the Impact of Sexual Abuse on Children and Contextual Influences on the Report. Study 2 cross-validated the findings and tested the predictive validity of the CSA-KQ in a realistic simulated trial in which an 11-year-old complainant alleged abuse by her grandfather. Confirmatory factor analysis replicated the findings of Study 1, showing strong reliability for each of the factors (ρ_y?=?0.70 to ρ_y?=?0.80) and for the CSA-KQ (ρ_y?=?0.76). CSA-KQ scores were significantly correlated with the perceived credibility of the complainant (r?=?0.23). Moreover, the CSA-KQ scores predicted verdict: jurors with greater knowledge about CSA were more likely to convict the defendant than jurors who knew less about CSA.     

Police Responses to Sexual Assault Complaints: The Role of Perpetrator/Complainant Intoxication

This study explored the impact of victim and perpetrator alcohol consumption on police officers' evaluations of an alleged sexual assault and their reported likelihood of charging the perpetrator. Two hundred and twelve police officers were presented with a vignette depicting an acquaintance rape in which the beverage consumption (beer, cola) of both the victim and perpetrator was systematically varied. Results indicated that the officers' perceptions of the complainant's intoxication level, as well as the gender of the officer, influenced officers' evaluations of the alleged sexual assault. The more intoxicated the complainant was perceived to be, the more negatively she was viewed. Female police officers evaluated the victim more favorably than male officers. The only factors related to the officers' likelihood of charging the perpetrator, however, involved their assessment of the complainant's credibility and their perception of the likelihood that the perpetrator would be found guilty in a court of law.     

The Standardisation of Tort Damages

This article explores the nature, scope, rationale and merits of the standardisation of compensatory damages in tort law, ie the fact of giving the claimant not the value (subject to ordinary limiting principles) of his own loss, but that of the loss which an ordinary claimant placed in the same circumstances would have suffered. Standardisation happens in respect of pecuniary and non‐pecuniary losses, direct and consequential losses, and also normative losses. Its two main spurs are either that the orthodox award would not give the desired result—typically ‘too little’ damages—or that it runs into evidentiary difficulties, which the award of a typical sum overrides. While epistemic standardisation (which is not strictly standardisation) might be acceptable, the avowed granting of compensatory damages which do not aim to correspond to the claimant's own loss should be resisted, and is in any event impossible because consequential losses can never be meaningfully standardised.     

FORENSIC ECONOMICS: AN INTRODUCTION WITH SPECIAL EMPHASIS ON PRICE FIXING

This paper aims at explaining accepted methods of forensic analysisand how forensic economics is used in the context of competition-lawenforcement. Illustrations are drawn from ancient and modernantitrust cases involving price-fixing allegations. The statedgoal of antitrust laws of most nations is deterrence. Optimaldeterrence requires that cartel penalties be based on multiplesof economic injuries. Yet, antitrust authorities are typicallyreluctant to calculate fines on the basis of damages becauseof perceived analytical challenges or because the fact-finderslack needed economic education. However, reasonable estimatesof damages can often be quickly prepared using simpler methodsthan econometric modeling. More often than not, alternativeestimates of cartel overcharges tend to be mutually supportive.The reluctance of antitrust authorities to base fines on damagesseems to indicate an abundance of caution.     

Goal Conflict in Juror Assessments of Compensatory and Punitive Damages

Recent tort reform debates have been hindered by a lack of knowledge of how jurors assess damages. Two studies investigated whether jurors are able to appropriately compartmentalize compensatory and punitive damages. In Study 1, mock jurors read a trial summary and were asked to assess compensatory and punitive damages in one of three conditions: (a) compensatory damages only, (b) punitive damages for the plaintiff, or (c) punitive damages for the state treasury. Results suggest that jurors who did not have the option to award punitive damages inflated compensatory damages via pain and suffering awards. Jurors were marginally more likely to award punitive damages when the plaintiff was the recipient. Mock jurors in Study 2 read a similar case summary and were asked to assess compensatory and punitive damages. Two factors were varied in Study 2: (a) egregiousness of the defendant's conduct, and (b) the recipient of any punitive damages (the plaintiff vs. a consortium of state funds). Jurors were more likely to award punitive damages when the defendant's conduct was more egregious and when the plaintiff was the recipient. The results suggest leakage between compensatory and punitive damage judgments, contrary to the law's mandate.     

Application of 3D documentation and geometric reconstruction methods in traffic accident analysis: with high resolution surface scanning, radiological MSCT/MRI scanning and real data based animation

The examination of traffic accidents is daily routine in forensic medicine. An important question in the analysis of the victims of traffic accidents, for example in collisions between motor vehicles and pedestrians or cyclists, is the situation of the impact. Apart from forensic medical examinations (external examination and autopsy), three-dimensional technologies and methods are gaining importance in forensic investigations. Besides the post-mortem multi-slice computed tomography (MSCT) and magnetic resonance imaging (MRI) for the documentation and analysis of internal findings, highly precise 3D surface scanning is employed for the documentation of the external body findings and of injury-inflicting instruments. The correlation of injuries of the body to the injury-inflicting object and the accident mechanism are of great importance. The applied methods include documentation of the external and internal body and the involved vehicles and inflicting tools as well as the analysis of the acquired data. The body surface and the accident vehicles with their damages were digitized by 3D surface scanning. For the internal findings of the body, post-mortem MSCT and MRI were used. The analysis included the processing of the obtained data to 3D models, determination of the driving direction of the vehicle, correlation of injuries to the vehicle damages, geometric determination of the impact situation and evaluation of further findings of the accident. In the following article, the benefits of the 3D documentation and computer-assisted, drawn-to-scale 3D comparisons of the relevant injuries with the damages to the vehicle in the analysis of the course of accidents, especially with regard to the impact situation, are shown on two examined cases.     

Beyond Traumatic Brain Injury: Advancing Forensic Neuropsychological Assessment

As research on the cognitive impact of medical conditions and mental health disorders advances, it is imperative for forensic neuropsychologists to stay abreast of rapidly accumulating new empirical evidence from neuroscience and neuropsychology to disentangle multiple determinants of cognitive impairment. Although medicolegal neuropsychological assessments traditionally focused on traumatic brain injury (TBI) sequelae, it is equally important to consider the potential impact of any other acquired, or secondarily induced brain impairments, regardless of their source. Such injuries or conditions are at times assumed to cause a lesser cognitive impact than TBIs; however, their effects depend entirely on the factor in question. Injuries and illnesses implicated in civil litigation—and eventually affecting competency—can indeed involve TBI, but also anoxic/hypoxic injuries, pain, depression, posttraumatic stress disorder (PTSD), sensory deficits (e.g., tinnitus), and fatigue, and all, in turn, can affect an individual’s cognitive function and quality of life. Impairments caused by these conditions can be disabling and resistant to treatment, particularly, when the treatment is based on incorrect diagnostic, prognostic, and causality assumptions.     

The 4 Ds of Forensic Mental Health Assessments of Personal Injury

The field of psychiatric/psychological injury and law concerns tort and other legal claims for injuries sustained in events at issue, such as in motor vehicle accidents (MVAs), worker compensation, or the veteran affairs (VA). The 4 Ds refer to the requirement that legal action in these types of cases can proceed when there is a duty, the duty has been discharged with dereliction, the resultant act has caused directly tortious harm, and damages are applicable. In contrast, the related 4 Cs refer to the conditions of effective forensic testimony. The principles of forensic mental health assessment (FMHA; Heilbrun et al., 2009) underscore the scientific requirements in forensic assessments, as do the American Psychological Association’s (APA, 2013) forensic specialty guidelines. For example, Brodsky’s maxims for effective work in court (Brodsky & Gutheil, 2016) cover a broad spectrum of ethical and practice guidelines for the profession. Similarly, Young (2016 a, b, c) has specified the parameters of admissible evidence in court, functioning ethically for the court, and the need to be comprehensive, scientifically informed, and impartial in forensic mental health assessments. All these sources lead to an integrated set of the principles for effective and ethical practice in the forensic arena of mental health work, referred here as the 4 Ds for the field of psychiatric/psychological injury and law. These revised 4 D principles involve Dignity, Distance, Data, and Determinations.     

Clinical forensic medicine and its main fields of activity from the foundation of the German Society of Legal Medicine until today

The fields mainly covered by clinical forensic medicine are subject to time-related changes which are described on the basis of the German literature of the 20th century. Some fields of forensic sexual medicine (diagnosis of virginity, proof of criminal abortion, potentia coeundi, potentia generandi, potentia concipiendi) have become less important in the daily work of medicolegal institutes, whereas victims of rape and sexual abuse continue to form a major part of the forensic examination material in the German-speaking countries. The evaluation of suspected physical child abuse has grown in importance since the 60s, and it is essentially the merit of Elisabeth Trube-Becker that this problem is now dealt with also in scientific medicine. More recently, medicolegal experts are increasingly confronted with further groups of persons: victims of domestic violence, abused/neglected seniors, refugees from countries where torture is used. A new special field, which established itself only in the 90s, is the estimation of age with regard to the criminal responsibility of suspects who have no identity papers or pretend to have none. A phenomenon frequently observed in the last two decades is the non-accidental self-infliction of injuries. Whereas in the first half of the 20th century the motive for self-mutilation was typically to evade military service, this category of injury was later mainly seen in the context of insurance fraud; more recently most forensically relevant self-inflicted injuries refer to simulated offenses (fictitious sexual offenses and robbery, attacks allegedly having a political background). One of the traditional fields of clinical forensic medicine continues to be the evaluation of victims and suspects following bodily harm and attempted homicides. In the field of civil law medicolegal experts are particularly often concerned with controversial consequences of traffic accidents (e.g. alleged whiplash injuries after rear-end collisions at low velocities).