Forensic Science International Mind and Law最新文献

{"title":"Recognising & responding to defendants with intellectual disability in court settings","authors":"J. McCarthy ,&nbsp;E. Chaplin ,&nbsp;D. Harvey ,&nbsp;K. Tate-Marshall ,&nbsp;S. Ali ,&nbsp;A. Forrester","doi":"10.1016/j.fsiml.2023.100116","DOIUrl":"10.1016/j.fsiml.2023.100116","url":null,"abstract":"<div><h3>Background</h3><p>To date, there is little evidence on the characteristics of defendants with intellectual disability when presenting to the criminal court system. This study was developed to recognise and examine the characteristics related to gender, ethnicity, mental health and index offences of defendants with intellectual disability and compare these to defendants without intellectual disability within Court Liaison &amp; Diversion Services in London, England.</p></div><div><h3>Methods</h3><p>This is a retrospective data analysis of routine administrative data collected by the Liaison and Diversion services across five Magistrates courts in London, England. Data were analysed on defendants identified through screening to have an intellectual disability and compared to defendants without an intellectual disability.</p></div><div><h3>Results</h3><p>9088 defendants were identified, of these 4%, (349) were screened as having an intellectual disability. The study found an overrepresentation of defendants of black ethnicity along with high rates of comorbid mental illness and personality disorder amongst both non-intellectual disability and intellectual disability defendants. Defendants with intellectual disability self-reported self-harm and suicidal behaviour at higher rates. For neurodevelopmental disorders (NDD), those with intellectual disability were over 4 times more likely to have comorbid ADHD and over 14 times more likely to have ASD. Index offences were mostly similar although defendants with intellectual disability had elevated rates of being charged with sexual offences and breach of the peace.</p></div><div><h3>Conclusion</h3><p>The findings confirm the presence of a small but significant number of defendants with intellectual disability presenting to the Court Liaison &amp; Diversion services who have significant needs in terms of comorbidity and risk for suicide and self-harm behaviour. Further research is needed to understand the experiences of defendants with intellectual disability presenting to the Court including how best to deliver service models to improve recognition and respond to their high rates of health needs.</p></div>","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"4 ","pages":"Article 100116"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49303572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Further caution is required on what memory experts can reliably say","authors":"Jason M. Chin,&nbsp;Tess M.S. Neal","doi":"10.1016/j.fsiml.2022.100113","DOIUrl":"10.1016/j.fsiml.2022.100113","url":null,"abstract":"","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"4 ","pages":"Article 100113"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49206629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Realistic guidelines on expert witness work concerning memory","authors":"Henry Otgaar ,&nbsp;Mark L. Howe ,&nbsp;Olivier Dodier","doi":"10.1016/j.fsiml.2023.100117","DOIUrl":"10.1016/j.fsiml.2023.100117","url":null,"abstract":"","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"4 ","pages":"Article 100117"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46520457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A case for evolutionary criminology: Introducing the retribution and reciprocity model","authors":"Evelyn Svingen","doi":"10.1016/j.fsiml.2023.100120","DOIUrl":"10.1016/j.fsiml.2023.100120","url":null,"abstract":"<div><p>We live in a reciprocating world – we smile when someone smiles at us, get angry when we perceive injustice, and support the social norm even when we cannot explain why. This paper sheds light on one of the most unlikely explanatory mechanisms of crime: cooperation. By combining knowledge from neuroscience, evolutionary biology, and behavioural economics, this theoretical paper presents the evidence that could help us understand crime and organises it into a Retribution and Reciprocity Model (RRM). RRM has the potential to help us take a step back and see how criminal acts may be an outcome of evolutionary mechanisms that the field of criminology should not overlook.</p></div>","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"4 ","pages":"Article 100120"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49627977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘I inevitably get in trouble … in one way or another’: Qualitative exploration of the vulnerabilities and experiences of justice system encountered individuals with fetal alcohol spectrum disorder","authors":"David J. Gilbert ,&nbsp;Clare S. Allely ,&nbsp;Nicola Hickman ,&nbsp;Raja A.S. Mukherjee ,&nbsp;Penny A. Cook","doi":"10.1016/j.fsiml.2023.100124","DOIUrl":"https://doi.org/10.1016/j.fsiml.2023.100124","url":null,"abstract":"<div><h3>Background</h3><p>In comparison to the neurotypical population, individuals with fetal alcohol spectrum disorders (FASD) are over-represented in the criminal justice system (CJS). This study explores the perspectives of a small sample of individuals with FASD regarding the factors that predispose them to encounters with the CJS, and their experiences during investigative interviews.</p></div><div><h3>Methods</h3><p>Semi-structured interviews were conducted with ten individuals with FASD, aged between 12 and 46 years old (mean age 20.1 years). Interviews were a combination of remote audio-recorded, video-recorded, and face-to-face interviews administered by parents/carers. NVivo was used to collate, organise, and explore data. Data were analysed by reflexive thematic analysis.</p></div><div><h3>Results</h3><p>Three over-arching themes were generated from seven sub-themes: “personality/individual triggers to CJS encounters” which described vulnerabilities, such as a tendency to be impulsive and to accept suggestions, “encounters ‘fuelled’ by society” where examples of exploitation, police's aggressive approach and lack of knowledge were given. The final theme of “sense of self-awareness” demonstrated that participants had a sense of appreciation of their strengths and abilities.</p></div><div><h3>Conclusion</h3><p>Individuals with FASD are highly vulnerable to, and within, encounters with the CJS. Procedural justice will benefit by employing alternative methods in dealing with situations where individuals with FASD may be involved, and in obtaining information via interviews from the FASD population.</p></div>","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"4 ","pages":"Article 100124"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2666353823000103/pdfft?md5=b7869a0c1b2fbb2befea9fcf2fd90454&pid=1-s2.0-S2666353823000103-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138472377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Aircraft-assisted suicide: The rarity of attempts, ideation, or underreporting?","authors":"Gary A. Chaimowitz ,&nbsp;Elizabeth Garside ,&nbsp;Heather M. Moulden ,&nbsp;Harry Karlinsky","doi":"10.1016/j.fsiml.2023.100118","DOIUrl":"10.1016/j.fsiml.2023.100118","url":null,"abstract":"<div><h3>Introduction</h3><p>Aircraft-assisted suicide is a rare but serious event, with immediate consequences for the pilot, crew, and passengers. The overt linkage between mental illness and suicidal behaviour is well-known, however, the infrequency of these events in the context of aviation, coupled with poor record-keeping and reluctance to disclose, likely disguises the true extent of mental illness among pilots. One critical research gap in Canada has been the lack of investigation of crashes linked to suicide or a mental disorder. Research on aircraft-assisted suicide will address the key issues of pilots’ reluctance to disclose, report, and seek mental health services. Our study investigates the frequency of aircraft-assisted suicide in Canada, reviews current medical standards, and discusses preventative interventions to manage future risk.</p></div><div><h3>Materials and methods</h3><p>Our study examined investigations and reports conducted by the Transport Safety Board to explore the frequency of aircraft-assisted suicide over a ten year period.</p></div><div><h3>Results</h3><p>Aircraft-assisted suicides in Canada are rare, however, mentally ill pilots involved in fatal crashes are likely underestimated. Our study highlights key barriers in aviators’ disclosure of mental health symptoms, an ineffective screening process, and a consequence-based system that deters pilots from their duty to report.</p></div><div><h3>Discussion</h3><p>our investigative analysis addresses key limitations in screening of mentally ill pilots, explores current medical standards and aeromedical exams, infrequency of fitness assessments, and demonstrates the critical need for continuous evaluation of pilots in this safety-sensitive occupation.</p></div><div><h3>Conclusion</h3><p>The current paper addresses the need for continuous evaluation of pilot’s mental health and a more rigorous screening process to accurately identify suicide risk in pilots and prevent aircraft-assisted suicide.</p></div>","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"4 ","pages":"Article 100118"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41695518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Lay Person–Legal actor communication dyads and neurodisability: Structural dynamics, risks, and contradictions","authors":"Joseph A. Wszalek","doi":"10.1016/j.fsiml.2023.100122","DOIUrl":"10.1016/j.fsiml.2023.100122","url":null,"abstract":"<div><p>It is increasingly clear that the law operates in a way that burdens the very cognitive resources needed to navigate it. One aspect of this systemic cognitive burden is the legal actor–lay person communication dyad; these dyads are the behavioral orientation through which the vast majority of lay persons experience the law, and they are marked by cognitive-communication features that create disparity between the legal actor and the lay person, increasing the lay person's risk of poorer-quality communication behavior. This risk is likely greater for persons with neurodisability, which increases the likelihood of impaired cognitive functioning and impaired communication behaviors; however, interactions among neurodisability, cognitive communication, and legal dyads are not well understood. To characterize these interactions, this article models social-legal cognitive communication within the context of neurodisability, describes the cognitive causes and consequences of uneven communication dyads, and explores structural conceptual frameworks within the law that enable and compound systemic communication risk. Finally, the article considers fundamental cognitive-behavioral contradictions revealed by the analysis and discusses what implication such an analysis might have on attempts to reform, or more ideally recreate, the law and its interconnected social-political systems. Such interdisciplinary scientific analysis is a key step in reducing structural communication burdens, resolving systemic contradictions, and improving legal outcomes for persons with neurodisabilities.</p></div>","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"4 ","pages":"Article 100122"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2666353823000085/pdfft?md5=afd8c84e2651bc545462cf022d09e9c9&pid=1-s2.0-S2666353823000085-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135455037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The possible impact of stress on forensic decision-making: An exploratory study","authors":"Mohammed A. Almazrouei ,&nbsp;Itiel E. Dror ,&nbsp;Ruth M. Morgan","doi":"10.1016/j.fsiml.2023.100125","DOIUrl":"https://doi.org/10.1016/j.fsiml.2023.100125","url":null,"abstract":"<div><p>Stress has been shown to have an impact on the quality of decisions made by professionals in a variety of domains. However, there is lack of research examining the impact of stress on forensic decision-making contexts, where experts can face various levels of stress. This exploratory study examines fingerprint decisions made under stress, by novices (<em>N</em> = 115) and fingerprint experts (<em>N</em> = 34). Findings suggested a potentially complex relationship between stress and expert performance. On the one hand, in this study stress seemed to <em>improve</em> the performance of both novices and experts on fingerprint assessments, but mainly for same-source evidence. In contrast, the induced stress appeared to have an impact on risk-taking. When the same-source prints were difficult, a trend emerged with stressed experts taking less risk and reported more inconclusive conclusions with higher confidence than the control group. Furthermore, stress had a significant impact on the overall confidence levels and response times of novices, but not experts. These findings suggest that stress and decision-making tasks are important factors that should be considered when considering optimal working environments for increasing decision quality.</p></div>","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"4 ","pages":"Article 100125"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2666353823000115/pdfft?md5=4b0310b336461dd4685a03b7438c1bd8&pid=1-s2.0-S2666353823000115-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138549162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Russo-Ukrainian War in 2023: Towards a renewed emphasis on the mental health of at-risk groups and forensic-psychiatric considerations","authors":"Michael Liebrenz ,&nbsp;Anna Buadze ,&nbsp;Alexander Smith ,&nbsp;Roman Schleifer","doi":"10.1016/j.fsiml.2023.100115","DOIUrl":"10.1016/j.fsiml.2023.100115","url":null,"abstract":"","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"4 ","pages":"Article 100115"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48166621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Navigating the complexities of (trans) gender equality rights within the parameters of reasonable accommodation and security tensions in South African prisons: The judgement of September v Subramoney","authors":"Marie Claire Van Hout","doi":"10.1016/j.fsiml.2022.100077","DOIUrl":"10.1016/j.fsiml.2022.100077","url":null,"abstract":"<div><p>Within the heterogenous global prison population of about 11.7 million, transgender prisoners have unique vulnerabilities and are exposed to substantial risks and harm. Their situation has been viewed as a <em>‘‘double punishment’’</em> by encompassing the system lack of gender recognition and exposure to traumatic experiences of detention often tantamount to torture. In Africa, sexual minority rights remain a contentious issue, and there is little documented about the situation of incarcerated transgender people.</p><p>South Africa is one of the most progressive African countries in terms of equality legislation and advancing the rights of sexual and gender minorities. A legal realist review was conducted of the 2019 South African Equality Court judgement of <em>September v Subramoney</em>, based on case decisions and by scrutinizing the international and regional human rights protections and rights assurance mechanisms which encompass the fundamental rights of detained transgender individuals. These are not limited to protection from custodial violence, prohibition of torture and discrimination but include conditions of accommodation, right to express their gender identity and access to gender affirming healthcare. The subsequent legal realist account critiques the impact of this judgement based on extant published literature (empirical, humanitarian, and UN Committee reporting) and jurisprudence in other jurisdictions cognisant of increasing strategic litigation in the field of transgender rights. The implications of this ground-breaking judgement are considered, with a particular lens focusing on the rights of trans-prisoners (particularly trans-women as most vulnerable) to equality, but also dignity, freedom of expression, dignified detention, and the prohibition of inhumane treatment or punishment. These rights are positioned within the boundaries of safe and reasonable accommodation, ability to gender express and prison system capacity to deal with security tensions in high risk <em>cis</em>-normative detention environments.</p></div>","PeriodicalId":33816,"journal":{"name":"Forensic Science International Mind and Law","volume":"3 ","pages":"Article 100077"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2666353822000078/pdfft?md5=28fff2224eb510ccbd31bc7f1ea04952&pid=1-s2.0-S2666353822000078-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44552955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}