Courts' misplaced confidence in psychiatric diagnoses

In considering psychiatric evidence, criminal justice systems make considerable use of labels from official psychiatric classificatory systems. There are legislated requirements for psychological and/or behavioural phenomena to be addressed in legal tests, however medico-legal use of the current categorical diagnostic frameworks which are increasingly complex is difficult to justify. The lack of validity in large domains of the present classificatory systems is now more openly acknowledged, prompting a critical rethink. Illustrative examples include post-traumatic stress disorder, various personality disorders, and dissociative identity disorder. It follows that the Courts' faith in the present categorical classifications (e.g., DSMIV and ICD10) is misplaced and may be ultimately unhelpful to the administration of justice.     

Five-year accuracy of assessments of high risk for sexual recidivism of adolescents

This study looked at 12 juveniles in Wisconsin who were recommended by experts for commitment under Chapter 980, known as the Sexually Violent Person Commitments Act, but who ultimately were not committed. The purpose was to determine the accuracy of these assessments and risk for sexual reoffending for juvenile sexual offenders. The results found a rate of 42% sexual recidivism among these individuals, with a 5-year at-risk period. This figure is in contrast to the low rates of sexual recidivism reported in the general juvenile sexual research. This provides evidence that the capability to assess the risk in juvenile sexual re-offending may at times be higher than previously estimated. Implications of these unusual results are discussed.     

A Bayesian approach to estimate skeletal age-at-death utilizing dental wear

In the forensic context, teeth are often recovered in mass disasters, armed conflicts, and mass graves associated with human rights violations. Therefore, for victim identification, techniques utilizing the dentition to estimate the first parameters of identity (e.g., age) can be critical. This analysis was undertaken to apply a Bayesian statistical method, transition analysis, based on the Gompertz-Makeham (GM) hazard model, to estimate individual ages-at-death for Balkan populations utilizing dental wear. Dental wear phases were scored following Smith's eight-phase ordinal scoring method and chart. To estimate age, probability density functions for the posterior distributions of age for each tooth phase are calculated. Transition analysis was utilized to generate a mean age-of-transition from one dental wear phase to the next. The age estimates are based on the calculated age distribution from the GM hazard analysis and the ages-of-transition. To estimate the age-at-death for an individual, the highest posterior density region for each phase is calculated. By using a Bayesian statistical approach to estimate age, the population's age distribution is taken into account. Therefore, the age estimates are reliable for the Balkan populations, regardless of population or sex differences. The results showed that a vast amount of interpersonal variation in dental wear exists within the current sample and that this method may be most useful for classifying unknown individuals into broad age cohorts rather than small age ranges.     

Variables influencing victim selection in genocide

While victims of racially motivated violence may be identified through observation of morphological features, those targeted because of their ethnic, religious, or national identity are not easily recognized. This study examines how perpetrators of genocide recognize their victims. Court documents, including indictments, witness statements, and testimony from the International Criminal Tribunals for Rwanda and the former Yugoslavia (FY) detail the interactions between victim and assailant. A total of 6012 decedents were included in the study; only 20.8% had been positively identified. Variables influencing victim selection in Rwanda included location, segregation, incitement, and prior relationship, while significant factors in FY were segregation, location, age/gender, and social data. Additional contributing factors in both countries included self-identification, victim behavior, linguistic or clothing evidence, and morphological features. Understanding the system of recognition used by perpetrators aids investigators tasked with establishing victim identity in such prosecutions.     

Forensic utility of the mitochondrial hypervariable region 1 of domestic dogs, in conjunction with breed and geographic information

The 608-bp hypervariable region 1 (HV1) sequences from 36 local dogs were analyzed to characterize the population genetic structure of canid mitochondrial DNA (mtDNA). Sixteen haplotypes were identified. A 417-bp segment of this sequence was compared with GenBank sequences from a geographically representative sample of 201 dogs, two coyotes, and two wolves. Sixty-six haplotypes were identified including 62 found only in domestic dogs. Fourteen of these correspond to the 16 local haplotypes and were among the most frequent haplotypes. The local sample was judged to be representative of the much broader geographic sample. No correlation was observed between local haplotypes and the owner's characterization of dog breed. A 60-bp variation "hotspot" within the canid HV1 was identified as a potentially valuable molecular tool, particularly for assaying limited or degraded DNA samples.     

Parenting Coordination and Confidentiality: A (Not‐so) Delicate Balance

This article describes the current state and range of information protection in the growing number of states and Canadian provinces that employ parenting coordination in an effort to reduce repeat custody litigation. The predominant approach—in which what is revealed during the process is not confidential—is analyzed in terms of its compatibility with the parenting coordinator's multiple tasks of educating parents, seeking to facilitate agreements, and, if necessary, providing the court with a report, a recommended decision, or an arbitrated result. Using a case scenario with multiple parts, the article then examines such confidentiality schemes in practice by providing an action‐oriented series of questions that illustrate how much of this topic must be resolved through a parenting coordinator's exercise of discretion in the absence of rule clarity. The article then raises a number of policy questions about whether current parenting coordination confidentiality norms strike the optimal or even the correct balance on information protection and concludes by identifying several policy options that might address these questions.