Pharmacogenetics in medico-legal context

Medico-legal autopsy is the primary method in determining the cause and manner of death when the death is suspected to be unnatural. In some of these autopsies, the death remains ambiguous, even after a complete autopsy including histological investigation and toxicological screenings. In cases where there are no morphological abnormalities, medico-legal genetics may offer additional means to provide knowledge of possible genetic mutations, which may have initiated the process or predisposed the individual to stress risk conditions leading to death. One class of ambiguous deaths consists of drug-related deaths where the interpretation of the toxicological results are not clear. In such situations post mortem genotyping and the analysis of metabolite rations may provide an insight to the findings. A few cases demonstrating the potential strength of pharmacogenetics in medico-legal context has been published. However, there is a paramount need for serious scientific studies before the field of post mortem pharmacogenetics can be utilized in routine medico-legal analyses casework and brought routinely into courtroom.     

Repositioning the corporate criminal: comparing and contrasting corporate criminal liability in Canada and Finland

ABSTRACT

Over the past two decades, a number of states in the Global North have introduced laws aimed at holding corporations criminally liable. While there is an important literature examining these legal regimes there is a paucity of comparative work interrogating the different political struggles and processes leading to corporate criminal liability (CCL) legislation. This paper addresses this lacuna by comparing and contrasting the development of CCL in Canada and Finland. By scrutinizing the law reform processes in each jurisdiction, the paper documents how CCL emerged under different conjunctures in each country, yet were shaped similarly by hegemonic beliefs in the non-criminal status of corporation, the importance of advancing private enterprise and established jurisprudence. Of particular note are the ways in which dominant notions of legal individualism and the universal legal subject constrained legislative efforts to hold corporations criminally to account therein preventing corporate misconduct from being processed as “real” crimes.     

Intellectual property law and practice in the blockchain realm

Blockchain technology is claimed to be and perceived as one of the revolutionary technologies that will have an enormous impact on our lives in the forthcoming years and decades. The legal questions surrounding blockchain appear to be among the most controversial issues surrounding this novel technology, which create uncertainties as to the scope and speed of its eventual adoption. Is it legal to use blockchain technology? Does or should any governmental authority or court take a record stored in blockchain into consideration in their decisions? Is blockchain reliable? Can the technology be used for the protection and enforcement of legal and property rights?The technological advancements offered by blockchain promise wide ranges of use in a variety of sectors and legal areas, including intellectual property (IP) law. This paper will focus primarily on the possible opportunities that blockchain may offer with respect to the future of IP law and discuss its potential impact on the registration, management and enforcement of intellectual property rights. We will proceed to offer blockchain-based solutions to foster the operation of IP offices, reinforce customs procedures in detecting counterfeit products, and enhance the efficiency of IP rights management by the right holders. The paper concludes by providing some suggestions to pave the way for the advancement of blockchain technology and to increase the number of people that this technology reaches, as well as its successful integration into the various services and registration/transaction channels that we use today.     

Attitudes and public punishment preferences: Finnish results of Scandinavian sense of justice research

Opinion polls have repeatedly shown that populations favour severe penalties for offenders. However, surveys using a case vignette method, where the attributes of the case described to the respondents are varied, produce more versatile results. Such research gives a nuanced picture of punitive attitudes. In this study, the sentence decisions of laypeople who are informed about the offender’s criminal history, ethnic background, gender, social issues and substance abuse were examined.

A representative mail survey collected in Finland as part of Scandinavian sense of justice research was used as empirical data. Respondents were presented with six criminal cases and asked to determine sentences for them. All respondents received the same vignettes, but the background attributes of the offenders varied randomly.

This study showed that all the background attributes had a clear connection to the sentence decisions. Considering these results, the idea of a ‘general punitive attitude’, which is commonly used in academic literature, appears to be too simple of a way to look at the relationship between attitudes and punishment decisions.     

Aggression, psychopathy and brain imaging — Review and future recommendations

Violent behavior appears to result from a complex web of interacting genetic as well as environmental factors. Psychopathy is a strong predictor for relapse in violent acts. The current review shed light on rapidly expanding knowledge in brain imaging related to violent behavior and psychopathy. A literature search was performed in PubMed, Cochrane and PsycInfo combining the key words: mentally disordered offender/aggression/violence/ crime/forensic psychiatry/brain imaging neuroimaging/fMRI/MRI/PET/SPECT/lack of empathy/psychopathy and antisocial personality disorder. The reviewed material, which consisted of 48 articles, indicates a rather strong consensus on the connection between dysfunctional parts of the frontal and temporal lobes and violent antisocial behavior and psychopathy. In future studies, it would be useful to focus on the limbic system and to investigate which parts of the frontal lobes and cerebral networks that are of interest in the psychopathic personality. Moreover, the reviewed material highlights some of the methodological difficulties in this area of research such as selection bias in the recruitment of patients, inadequate matching of control subjects, and sometimes incongruous results. In the future we hope that brain imaging can be used to map biological deviations in different offenders in order to try to learn more about the different mechanisms behind violent behaviors.     

Accountability and psychiatric disorders: How do forensic psychiatric professionals think?

Swedish penal law does not exculpate on the grounds of diminished accountability; persons judged to suffer from severe mental disorder are sentenced to forensic psychiatric care instead of prison. Re-introduction of accountability as a condition for legal responsibility has been advocated, not least by forensic psychiatric professionals. To investigate how professionals in forensic psychiatry would assess degree of accountability based on psychiatric diagnoses and case vignettes, 30 psychiatrists, 30 psychologists, 45 nurses, and 45 ward attendants from five forensic psychiatric clinics were interviewed. They were asked (i) to judge to which degree (on a dimensional scale from 1 to 5) each of 12 psychiatric diagnoses might affect accountability, (ii) to assess accountability from five case vignettes, and (iii) to list further factors they regarded as relevant for their assessment of accountability. All informants accepted to provide a dimensional assessment of accountability on this basis and consistently found most types of mental disorders to reduce accountability, especially psychotic disorders and dementia. Other factors thought to be relevant were substance abuse, social network, personality traits, social stress, and level of education.