Consideration of some taphonomic variables of relevance to forensic palynological investigation in the United Kingdom

Palynology is a long established and respected branch of environmental science that has been applied to criminal investigation in a meaningful way only in recent years. It has proved to be remarkably versatile in many kinds of criminal enquiry. It is not, however, an absolute science; palynological data are on a par with the suites of symptoms which allow medical practitioners to make diagnoses. Taphonomic variability is the main factor complicating interpretation of forensic palynological data. Palynological taphonomy may be defined as "all the factors that influence whether a palynomorph (pollen, spore, or other microscopic entity) will be found at a specific place at a specific time". If taphonomic variability is anticipated, and regularly tested, palynology will continue to keep its place in the armoury of useful forensic methods. Some assumptions made by palynologists engaged in palaeoecology and archaeology have been shown to be untenable in the forensic context. Palynological and botanical profiling of crime scenes has demonstrated anomalies which challenge received wisdoms. It has proved impossible to obtain palynological population data because every site is unique - expectations of any palynological profile can only be crude. The palynological status of any place must be tested every time. Without a body of analytical data from the actual crime scene, it is difficult to see how any palynologist can hope to present credible arguments under cross-examination. The statements made in this paper relate mainly to work carried out in the United Kingdom.     

An Examination of the Relationship Between Competency to Stand Trial,Competency to Waive Interrogation Rights,and Psychopathology

This study compared the legal abilities of defendants (N = 212) with current primary psychotic disorders (n = 44), affective disorders (n = 42), substance abuse disorders (n = 54), and no diagnosed major mental illness (n = 72). Defendants with primary psychotic disorders demonstrated more impairment than did other defendants in their understanding of interrogation rights, the nature and object of the proceedings, the possible consequences of proceedings, and their ability to communicate with counsel. Psychosis was of limited value as a predictor however, and high rates of legal impairment were found even in defendants with no diagnosed major mental illness. Sources of within-group variance were examined to further explain this finding. Policy and clinical implications of these results are discussed.     

Influence of expert testimony regarding eyewitness accuracy on jury decisions

To determine the influence of expert testimony regarding the general unreliability of eyewitnesses, a two-phase study was conducted. In the first phase, 24 community residents served as jurors on four six-person juries. A burglary case was tried in 120 District Court. El Paso, Texas. Two juries heard all the evidence including the expert testimony of a psychologist and the other two heard all of the testimony except that of the psychologist. During the second phase, 24 student jurors constituting four six-person juries viewed a videotape of the trial. Two of these juries saw the entire proceeding from the first phase including the expert testimony and the remaining two saw all but the expert testimony. All juries acquitted the defendant; however, those who heard the expert testimony significantly lowered their judgments of the accuracy and reliability of eyewitness identification as well as its overall importance to the trial. Further, those juries that heard the expert testimony spent a significantly longer time discussing eyewitness identification as well as other relevant evidence. No differences between community residents and college student juries were obtained.The authors wish to thank Judge Brunson Moore, Mr. David Jeans, Mr. Ricky Glenn Smith, Detective James Christianson, D. Steven Cooper, Rachel Hanna, Daniel Torres, and Patricia Tetreault. All of these people participated in the trial and without them this research could not have been conducted. This research was supported by Gift Funds of the Department of Psychology, University of Texas at El Paso.     

IRRECONCILABLE DIFFERENCES

This article will examine several of the more difficult issues raised by the Freeman case, including the potential conflict between a parent's rights and a child's rights, the concern over legislative intervention in family autonomy, and the obvious struggle the courts are having in making consistent decisions in this area. The focus will be on Canadian child welfare legislation, with particular emphasis on the Nova Scotia legislation, as it relates to the refusal to consent to the medical treatment of a child. Similarly, the case law considered will also be primarily Canadian. The article will concentrate on situations in which the withholding of medical treatment would threaten the life of a child and will discuss the withholding of treatment as it relates to an unborn child, a mentally and/or physically challenged child, and a normal child.