Judicial decision-making in family court involving children with autism spectrum disorder

The prevalence of autism spectrum disorder (ASD) in children and adolescents has increased over the past decade. Consequently, the courts and experts are more likely to be exposed to these children whose needs are highly heterogeneous. The present study aims to document judicial decision-making about children with autism spectrum as well as the parenting recommendations made by experts involved in these cases. There were 104 court decisions reviewed in Quebec over the past ten years. The results show that 85.6% of the decisions included a child custody assessment and that judges are more likely to order primary care to mother (56%). However, shared parenting (27%) and primary care to the father (17%) were also ordered in disputes involving an autistic child. Bivariate analyses revealed that challenges with parental monitoring and supervision were associated with court-ordered parenting arrangements. The present study revealed that a child custody assessment as well as father custody are more often observed than in the general population. This study highlights the need for further research to shed light on the best interests of children with ASD following the separation of their parents.     

Child witnesses in criminal court

The last decade has witnessed a dramatic rise in public and professional concern regarding the special needs of children as witnesses in the court setting. This study was conducted to examine characteristics of criminal court cases involving children as potential witnesses that were adjudicated through a trial conviction, trial acquittal, or guilty plea, from among cases that went to court in a 12-month period in nine judicial circuits in three states. Three hundred sixteen criminal court cases involving children as potential witnesses were examined. The vast majority, of these cases involved sexual crimes against children. The results indicated that relatively few (16.8%) adjudicated cases were resolved through a trial proceeding. Sentencing varied from state to state and as a function of the disposition of the case. Future research should be conducted prospectively to determine (a) whether cases involving children as witnesses in criminal court are prosecuted at lower rates than cases involving adults and (b) the reasons that cases leave the criminal justice system prior to any court actions.This research was supported by State Justice Institute grant No. 88-11J-D-064. Points of view or opinions expressed in this article do not necessarily represent the official position or policies of the State Justice Institute.     

The incidence of learning disabilities and mental retardation in youth under the jurisdiction of the juvenile court

The incidence rate of learning disabled and mentally retarded youth among three groups of youth under the jurisdiction of the juvenile court is examined. These three groups are institutionalized delinquents, nonconfined delinquents, and status offenders. The chi-square statistic indicated no significant differences (p > .05) with respect to the presence of either learning disabilities or mental retardation among the three groups.     

患者死亡医疗纠纷司法鉴定24例分析

目的探讨涉及患者死亡医疗纠纷的过错成因,分析其司法鉴定的切入点。方法收集了涉及患者死亡且多次鉴定的医疗纠纷案例24例,从一般情况、科室分布、责任程度划分以及差错分析等方面进行了总结和分析。结果此类案例在技术方面存在患者自身疾病隐匿、接诊部门处理过程简单、科室之间配合不力、紧急情况下措施不果断等问题。此外,告知义务的履行、转诊时机把握以及常备抢救设施的维护等管理方面漏洞也是医疗纠纷的多发环节。结论本文可为进行此类医疗纠纷的司法鉴定提供帮助,也为避免纠纷的发生提供参考。     

Educator of the court: the role of the expert witness in cases involving autism spectrum disorder

The role of the expert witness in legal contexts is to educate fact finders of the court who may have no background in the expert’s area. This role can be especially difficult for those who assist in cases involving individuals with autism spectrum disorder (ASD). As expert assistance on ASD is crucial to ensuring just outcomes for individuals diagnosed with ASD, knowledge on how expert witnesses perceive and approach their roles, and what factors may influence these perceptions, is essential. This qualitative research utilizes semi-structured interviews with a sample of expert witnesses in cases involving ASD, analyzed using a grounded-theory constant-comparative analytic approach. Data reveal that experts appear to view their roles in court as reconstructionists, educators, myth-dispellers, and most of all, communicators, actively using their testimony to fill these roles in cases. These results also allow for the development of a model that illustrates two areas that coalesce to affect how experts view their roles in court: (1) personal experiences of experts in cases in which they have been involved; and (2) influences outside experts’ personal experiences, such as their general opinions or observations regarding ASD and its relationship to the criminal justice system.     

A technique to capture, analyze, and quantify anterior teeth rotations for application in court cases involving tooth marks

Anterior teeth within the human dentition have a specific numerical rotation value. Bite marks show an array of angled indentations, abrasions, microlacerations, and contusions. These marks generally represent the incisal surfaces of the suspect's dentition reflecting the rotation values of the teeth in the dental arch. This study described a method for capturing and analyzing anterior dental rotations. The rotations of individual anterior teeth within the study population were categorized as common, uncommon, and very uncommon according to Allen's classification. In the absence of a large number of incisal patterns present in a bite mark, a single but heavily weighted tooth rotation could be of equal discriminatory potential to several common rotation values. No prevalence studies quantifying individual tooth rotations are available. The measurement of each individual tooth rotation together with its individual discrimination potential will enhance the evaluation of the concordant features observed in bite marks.     

Using the cognitive interview with adults with mild learning disabilities

Abstract

Forty-seven adults with mild learning disabilities (mild intellectual disabilities) attending day-centres and thirty-eight adults from the general population viewed a videorecording of an accident. A day later the participants were interviewed using either a cognitive interview (CI) or a structured interview (SI, a control interview). Compared with their counterparts with learning disabilities, adults from the general population recalled more correct information and made fewer confabulations about persons and objects. Nevertheless, the type of interview had an impact. For both groups, the CI was more effective than the SI in enhancing recall although, for the ‘learning disabilities’ group, the CI also produced a disproportionate increase in the reporting of person confabulations. All the same, the accuracy ratios were similar across interview types (80% for the CI and 82% for the SI). It is suggested that the CI could be helpful in assisting people with learning disabilities to provide information about events they have seen.     

Clinical assessment of adult sexual offenders with learning disabilities

Abstract

Assessment and treatment of adults with learning disabilities who commit sexual offences presents a number of challenges. Much of the professional forensic and psychiatric literature on work with this group concentrates on the development of interventions based on theoretical models of sexual offending originating from the mainstream criminal justice system and have often been adapted and applied to people with learning disabilities. Currently, there is very little evidence to demonstrate the effectiveness or validity of the adaptation and application of mainstream models to this population. The efficacy of such adapted models used to describe sexual offending in people with learning disabilities clearly has an impact of any intervention informed by them. In particular, some researchers suggest that key factors such as cognitive distortions are evident in sexual offenders with learning disabilities; there is, however, no research relating to the prevalence of these or other key factors within the general population of people with learning disabilities. The present literature review highlights some of the clinical issues with a particular focus on the assessment of deviant sexual interest. Specifically, the literature is confused with inconsistencies relating to the definition of the group, the extent and nature of offending and a lack of standardized methodology for assessment and comparison. Consideration is given to the particular needs of this group and the implications for research and treatment.     

Sexual offenders with learning disabilities: risk,recidivism and treatment

Abstract

While the literature on the assessment, treatment and management of non-learning disabled sexual offenders is well established, it is only in recent years that researchers and clinicians have focused on sexual offenders with learning disabilities. In contrast to mainstream sex offender treatment programmes, there are few evaluated community-based treatment programmes for sexual offenders with learning disabilities, and of the small number of published studies that describe treatment programmes, most are based on small samples and few have been validated empirically. Sexual offenders with learning disabilities differ from their non-disabled counterparts in several important ways, having implications for management and treatment. Due to methodological differences between studies, the prevalence of sexual offending by men with learning disabilities is not clear. However, in some studies, the sexual recidivism rate of offenders with learning disabilities is 6.8 times and 3.5 times that of non-disabled sexual offenders at 2- and 4-years’ follow-up, respectively. Sexual offenders with learning disabilities are also at greater risk of re-offending in a shorter time period. There remains an urgent need for further research into the assessment of risk and whether components from mainstream treatment programmes can be adapted to meet the needs of learning disabled sexual offenders. Approaches to working with sexual offenders with learning disabilities and programme development are discussed.     

Early intervention program for infants and toddlers with disabilities. Final regulations

The Secretary issues final regulations governing the Early Intervention Program for Infants and Toddlers with Disabilities. These regulations are needed to reflect changes made to the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Act or IDEA).     

知识产权刑事司法鉴定若干问题研究

知识产权刑事案件中,司法鉴定尚存在很多亟待解决的问题,这些问题不仅阻碍了诉讼活动的顺利进行,有的也违背了司法鉴定的基本规律。从长远的角度来看,知识产权刑事诉讼,很多司法鉴定问题更宜转化为专家证人的形式加以解决。     

侦查机关内设鉴定机构鉴定问题的透视与分析——13起错案涉及鉴定问题的展开

鉴定结论被人们誉为“科学证据”。通过对13起错案涉及有关鉴定问题的透视，发现这一“殊荣”因侦查机关内设鉴定机构的“问题鉴定”使某些鉴定结论成了错案的“帮凶”，这不仅导致了案件事实的错认，造成了司法不公正，同时降低了司法鉴定的公信力，最终影响了诉讼效率。我国司法鉴定制度改革在取消人民法院和司法行政部门内设鉴定机构的同时，准许侦查机关内设鉴定机构，这种制度是否合理值得进一步研究。     

Treating sexual offenders with learning disabilities in the community: a critical review

This study offers a critical review of a treatment group for sexual offenders with learning disabilities. The participants were diverted from criminal proceedings due to their level of cognitive functioning and attended a 7-month treatment program comprising of four main components: sex education, cognitive distortions, offending cycle, and relapse prevention. A number of psychometric assessments were administered immediately before and after intervention. Although no significant differences were found in attitudes toward sexual offending following treatment, the trend was for improvements in sex knowledge and honesty of sexual interest. Improvements in socialization skills (leisure time and interpersonal skills) were significant. No further incidents of sexual offending have been reported during a 12-month follow-up. A number of explanations for the nonsignificant improvement in attitudes are considered and recommendations for future treatment evaluation studies are made. The development of specific questionnaires and treatment programs for sexual offenders with learning disabilities is discussed.