Law and Rhetoric: Critical Possibilities

What contribution can rhetoric make to socio‐legal studies? Though now a byword for deception and spin, rhetoric was long identified with the very substance of law and politics. Latterly radical scholars have foregrounded an understanding of law as rhetoric in their polemics against legal formalism, but it needs to be complemented by a critical perspective which goes beyond simple revivalism, taking account of rhetoric's own blind spots, inquiring into the means by which some speakers and listeners are privileged and others excluded or silenced. The critical potential of legal rhetoric is tested here through a review of the developing law on mental capacity and the best interests of people with disabilities in England and Wales. Much of what is at stake there is properly grasped in terms of a politics of speech: who is addressed, who can speak, who must speak, and how are they represented in judicial and media discourse.     

A Grass Molecular Identification System for Forensic Botany: A Critical Evaluation of the Strengths and Limitations*

Abstract: Plant material is frequently encountered in criminal investigations but often overlooked as potential evidence. We designed a DNA‐based molecular identification system for 100 Australian grasses that consisted of a series of polymerase chain reaction assays that enabled the progressive identification of grasses to different taxonomic levels. The identification system was based on DNA sequence variation at four chloroplast and two mitochondrial loci. Seventeen informative indels and 68 single‐nucleotide polymorphisms were utilized as molecular markers for subfamily to species‐level identification. To identify an unknown sample to subfamily level required a minimum of four markers or nine markers for species identification. The accuracy of the system was confirmed by blind tests. We have demonstrated “proof of concept” of a molecular identification system for trace botanical samples. Our evaluation suggests that the adoption of a system that combines this approach with DNA sequencing could assist the morphological identification of grasses found as forensic evidence.     

A Comprehensive and Harmonized Digital Forensic Investigation Process Model

Performing a digital forensic investigation (DFI) requires a standardized and formalized process. There is currently neither an international standard nor does a global, harmonized DFI process (DFIP) exist. The authors studied existing state-of-the-art DFIP models and concluded that there are significant disparities pertaining to the number of processes, the scope, the hierarchical levels, and concepts applied. This paper proposes a comprehensive model that harmonizes existing models. An effort was made to incorporate all types of processes proposed by the existing models, including those aimed at achieving digital forensic readiness. The authors introduce a novel class of processes called concurrent processes. This is a novel contribution that should, together with the rest of the model, enable more efficient and effective DFI, while ensuring admissibility of digital evidence. Ultimately, the proposed model is intended to be used for different types of DFI and should lead to standardization.     

A Critical Analysis of the MND Criteria for Feigned Cognitive Impairment: Implications for Forensic Practice and Research

Forensic neuropsychology continues to grapple with critical determinations of response styles, including the assessment of malingering. The development of the Malingered Neurocognitive Dysfunction (MND) model has been highly influential for both feigning research and neuropsychological practice. In striving to be a comprehensive model of malingering, MND proposes complex criteria for ascertaining possible, probable, and definite levels. In its critical review, this article suggests the possibility of an MND bias towards the over-classification of malingering. It also examines the limits of MND research to adequately test the MND model. The conceptual and empirical limitations of MND are discussed with reference to theory and neuropsychological practice.     

Children’s Allegations of Sexual Abuse: A Model for Forensic Assessment

It is important both clinically and forensically to gain information to provide an understanding of the veracity of a child’s allegations of sexual abuse. Even though it is reasonable to hypothesize that most allegations are true—children are not infallible and thus some allegations are false. A systematic model of pathways to false allegations—however rare or common—is important because so much depends on this question (i.e., both false positives and false negatives are harmful to children). We propose that there are two major pathways to false allegations of child sexual abuse: (1) the child is lying and (2) the child has a false memory due to his or her problems in information processing. We conclude by presenting a more detailed protocol for more formally evaluating these pathways to false allegations in specific cases.     

A New Robust Epigenetic Model for Forensic Age Prediction

Forensic DNA phenotyping refers to an emerging field of forensic sciences aimed at the prediction of externally visible characteristics of unknown sample donors directly from biological materials. The aging process significantly affects most of the above characteristics making the development of a reliable method of age prediction very important. Today, the so-called “epigenetic clocks” represent the most accurate models for age prediction. Since they are technically not achievable in a typical forensic laboratory, forensic DNA technology has triggered efforts toward the simplification of these models. The present study aimed to build an epigenetic clock using a set of methylation markers of five different genes in a sample of the Italian population of different ages covering the whole span of adult life. In a sample of 330 subjects, 42 selected markers were analyzed with a machine learning approach for building a prediction model for age prediction. A ridge linear regression model including eight of the proposed markers was identified as the best performing model across a plethora of candidates. This model was tested on an independent sample of 83 subjects providing a median error of 4.5 years. In the present study, an epigenetic model for age prediction was validated in a sample of the Italian population. However, its applicability to advanced ages still represents the main limitation in forensic caseworks.     

Humans Are Animals,Too: Critical Commonalities and Differences Between Human and Wildlife Forensic Genetics

Wildlife forensics has recently been recognized among the wide variety of forensic science disciplines. This review compares human and wildlife DNA forensics, which use the same genetic tools, but often for far different purposes. Human forensic genetics almost invariably attempts to identify individual perpetrators involved in a given crime. Wildlife forensics often determines whether a crime has occurred. In addition to techniques familiar in human laboratories, like individual matching with STRs, wildlife analysts may be asked to determine the taxonomic identity, geographic source, or sex of evidence items, or the familial relationships or minimum number of individuals among a group of samples. This review highlights the common questions, legal framework, databases, and similar validation requirements to foster understanding between disciplines. Based on this understanding, human and wildlife DNA practitioners may work together and learn from each other in order to elevate the discipline of forensic genetics.     

代谢物组学及法医学新机遇——创建代谢物组学数据库及专家系统的设想

法医学DNA技术促成了法医学实践的一次飞跃,其建立的数据库策略为后续的研究提供了可贵的借鉴;2004年召开的人类基因组大会提出并肯定了代谢物组学的理论和技术,该技术相对于目前应用的其它技术并结合法医学的实践需要,具有更广阔的应用前景,本文借鉴DNA技术成功的经验,首次提议建立代谢物组学数据库及基于该数据库的专家系统,为解决目前法医学难以解决的难题,促成法医学继DNA技术之后新飞跃进行探索.     

公寓广告中意识形态渗透手段的多模态批评性话语分析

多模态话语普遍存在于广告语篇中，因此，对广告进行多模态话语分析显得十分必要。论文以ChinaDaily上的一则英文公寓广告为语料，对广告中的图片采用视觉语法的分析方法，对广告中的文字说明则以批评性话语分析的三维模式为出发点进行意识形态分析。该研究揭示了语篇生产者如何在特定的社会文化语境下运用各种符号对消费者进行情感、态度、观念上的控制，旨在增强受众对不同层面意识形态渗透手段的认识，提高受众批判性视觉阅读能力与语言阅读能力。     

The Philosophy of the Gift and the Psychology of Advocacy: Critical Reflections on Forensic Mental Health Intervention

This article examines mental health advocacy,exploring the philosophy of the gift and thepsychology of forensic intervention. Byselectively, though strategically, reviewing the workof Hobbes, Emerson, and Nietzsche,we argue that egoism, charity, and pity displace altruistic, selfless gift-giving. To furtherlegitimize our analysis, we consider Derrida's semiotic deconstructionism and Lacan's psychoanalytic semiotics. Derrida points outhow gift-giving is an aporetic reality; that is,it represents an (im)possibility. Lacandemonstrates how the mirror stage of development givesrise to the self-other ego, in which the subjectis always and already divided. We subsequentlyexplain, therefore, how the gift of mental healthadvocacy must necessarily proceed, in part, from self-interests (i.e., egoism), making the virtuousact of mental health advocacy an (im)possibility.     

Forensic Psychology: A Guide to Practice

Abstract

G. H. Gudjonsson and L. R. C. Haward, Forensic Psychology: A Guide to Practice. London. Routledge, 1998.     

综合语篇分析模式与公安英语口语教学

综合语篇分析模式是指将文体分析、语域分析、体裁分析综合运用于英语语篇教学的模式,将该模式应用于公安英语 口语教学将有利于培养学生在将来的公安工作中用英语办事的能力。     

Babble: A Theater in Justice and Discourse

The world studied by empirical criminal justice research is babble—a congeries of voices whose meanings represent many normative worlds. Our research designs provide a frame for the babble, and our statistics codify and simplify it. We provide analytic portraits of it and, using the substantive language of crime control, give those portraits meaning. Yet, those meanings are located in a crime control discourse that de-legitimizes and destroys those normative worlds. This paper, an interpretive montage, is a collection of fractured narratives assembled to show that interpretation has something to offer the way we think about knowledge production in the field of criminal justice. It is also a cautionary tale to students in criminal justice, to remember that our scientific abstractions are an abstraction from the underlying realities of human life, not a “deeper” or in some way more real understanding. Our aim is to move the babble—the humanity from which the voices emerge—back into the foreground of justice research.

---

Psychological Injury and Law: A Biopsychosocial and Forensic Perspective

The articles in the present special issue on the area of psychological injury and law broaden understanding of the area by considering topics outside the range of the seven major areas that mark the field. In the articles in this special issue, common themes include: (a) having comprehensive, recent literature reviews, (b) presentation of models related to psychological injury and law in which existing models are integrated, (c) integration of biopsychological and forensic perspectives, and (d) consideration of development or change processes, and examination of causality. (e) All the articles discuss possible improvements to the DSM-IV; for example, there should be a separate, sixth axis pertaining to causality.