bluuebunny/crossref_metadata_2025 huggingface dataset:
Blood Grouping
Authors: Court Denise S.
Published: September 2009

The use of blood groups and protein polymorphisms to identify possible sources of human stains left at the scene of a crime revolutionised forensic science in the last part of the twentieth century. Their use declined with the development of DNA typing but they remain useful systems that can be more readily analysed today with molecular techniques.
Microscopy: High Power
Authors: Robertson James
Published: September 2009

High power microscopes (HPM) are essential instruments in the forensic tool bits. They enable the examiner to make detailed observations of a wide variety of sample types encountered in forensic investication. With the range of illumination and specialist options available with modern HPM, in wealth of information can be obtained. However, in order to make the best use of HPM, the instrument must be properly set up and maintained. This necessarily requires a proper understanding of underlying optical theory.
Microscopy: Low Power
Authors: Robertson James
Published: September 2009

Low Power Microscopes (LPM) are essential instruments in the forensic scientist tool kit. Most high quality LPM provide a stereo image with a number of attractive properties which facilitate their use. LPM have applications in all areas of forensic examination where detail is required beyond that seen by the naked eye.
Microscopy:FTIR
Authors: Kirkbride K. Paul
Published: September 2009

Fourier transform infrared (FT‐IR) microscopy is also known asinfrared microspectroscopy. It is a key technique in forensic science for the collection of infrared spectra from microscopic particles of trace evidence (such as paint, textile fibers, and particles of explosives) and individual crystals, as might be found in drug preparations. This article describes the construction of infrared microspectrometers, important considerations for their usage, and advanced techniques such as attenuated total reflectance microspectroscopy and infrared microspectral imaging.
Soil: Forensic Analysis
Authors: Fitzpatrick Robert W.
Published: September 2009

The history of forensic soil science and the importance of pedology, mineralogy, chemistry, biology, and spatial information data are reviewed from a world perspective. The significance and relevance of established concepts and standard terminologies used in pedology with practical relevance to forensic science are emphasized. A systematic approach for forensic soil examination is outlined, which combines soil morphology (e.g., color, consistency, texture, and structure), mineralogy (p owder X‐ray diffraction), chemistry (e.g., based upon infrared spectroscopy analyses), biology, and spatial field mapping information. These methods are applied in three stages: (i) rapid characterization of composite soil particles in whole soil samples for the quick screening of samples (Stage 1); (ii) detailed characterization and quantification of composite and individual soil particles following sample selection, size fractionation, and detailed mineralogical and organic matter analyses using advanced analytical methods (Stage 2); and (iii) integration and extrapolation of soil information from one scale to next, to build a coherent model of soil information from microscopic observations to the landscape scale (Stage 3). This combined information is used for geographic sourcing to identify the origin of a crime scene soil sample by placing constraints on the environment from which the sample originated. Finally, “forensic soil science” as a newly developed discipline of soil science has matured to the extent that well‐defined questions and successful crime scene investigations can be answered in increasingly refined ways.
Biological Swabs
Authors: McKenna Louise
Published: September 2009

Swabs are used for removing wet or dry biological stains from people and objects for subsequent laboratory analysis. Evidence recovery methods, preservation options and swab types are described.
Databases
Authors: Walsh Simon J.
Published: September 2009

In terms of forensic‐specific applications of DNA technology, few have had a more profound effect on the field than the global implementation of forensic DNA databases. The expansion of this phenomenon has not only required an appropriate level of scientific sophistication but also unprecedented legislative, political, and financial support. Forensic DNA databases have had considerable impact on the criminal justice system and have greatly augmented the contribution of forensic science.
Short Tandem Repeats
Authors: Bright Jo‐Anne
Published: September 2009

Short tandem repeat (STR) analysis is the method used in many forensic biology testing laboratories throughout the world for identity and paternity testing. The short length of STRs, their variability between different individuals, and their ability to be amplified via the polymerase chain reaction make them extremely useful as forensic DNA markers. The topics discussed in this entry include nomenclature, common STR loci, multiplexed STRs, variants and mutation rates, and nonhuman analysis of STRs for forensic use.
Evidence Interpretation: A Logical Approach
Authors: Champod Christophe , Evett Ian Webber
Published: September 2009

This paper provides an introduction to basic probabilities in their application to forensic science. After a definition of probabilities, odds and Bayes theorem, these concepts will be linked with the issues of inference in criminal trials. The three principles of evidence interpretation are exposed and illustrated with examples. Finally the case assessment and interpretation framework is presented, stressing upon the hierarchy of propositions, the structure of evaluative statements and the transposed conditional.
Bayesian Networks
Authors: Taroni Franco
Published: September 2009

Bayesian networks (BNs) are a mathematically and statistically rigorous technique for handling uncertainty. They allow their user to define a pictorial representation of assumed dependencies and influences among a set of variables deemed to be relevant for a particular inferential problem. Moreover, newly acquired evidence can be processed in a way that complies with the rules of probability calculus. The field of forensic science has recently attributed increased attention to the many advantages of this graphical method for assisting the evaluation and interpretation of scientific evidence.
Case Assessment and Interpretation
Authors: Jackson Graham , Jones Philip J.
Published: September 2009

This article describes the development and application of a model framework that helps scientists design effective, efficient, and robust case‐examination strategies. The Case Assessment and Interpretation (CAI) model, founded on Bayesian thinking, provides clarity on the role of forensic scientists within the criminal justice process, encourages consistency of approach, and helps direct research effort.
Mixture Interpretation:
DNA
Authors: Buckleton John S.
Published: September 2009

DNA mixtures represent an increasing fraction of forensic DNA casework. They are currently interpreted by one of at least three methods. These are

extract from the mixed DNA profile, when feasible, a single (unmixed) profile of interest and report it using the statistical techniques used for single stain calculation;

report an exclusion probability (often termed random man not excluded (RMNE) or combined power of exclusion (CPE)); and

report a likelihood ratio.

The methodology, advantages and issues relating to these approaches are discussed. Amongst the highlighted issues is the need to check that the method used does not inappropriately overstate the weight of the evidence. Circumstances where this may be a risk are highlighted and tend to centre around those times that the combinmation of genotypes required to sustain the prosecution case are not the combination most supported by the data.
Interpretation: Low Template
DNA
Authors: Buckleton John S.
Published: September 2009

In this article we discuss the statistical interpretation of low template DNA (LTDNA) evidence. LTDNA is used in preference to the prior appellation low copy number (LCN), because it more accurately reflects the nature of the evidence rather than the technique used to produce it. The limited amount of DNA available can affect the ability of the PCR process to amplify it to detection levels. Increasing the number of PCR cycles to increase detection ability introduces issues in that low level contaminants may also be amplified, and that trace amounts of DNA may not be able to be distinguished from allelic stutter if they are in stutter positions. These stochastic phenomena, drop out, drop in (or contamination) and stutter all have a marked effect on how evidence may be interpreted.
MitochondrialDNA: Interpretation
Authors: Tully Gillian , Wetton Jon
Published: September 2009

The interpretation of mitochondrial DNA evidence is dependant upon whether an exact or near match is observed between a questioned and a reference sample and must take into account both its high mutation rate and the potential existence of many distant relatives who share the same sequence. A range of methods of varying sophistication have been developed to estimate evidential strength and their derivation and merits are described here along with a discussion of the need for appropriate databases upon which to base the calculations. The application of these methods is illustrated by way of examples.
Interpretation: Document Evidence
Authors: Mazzella W.D.
Published: September 2009

The literature dealing with the interpretation of “printed” documents is very limited. The absence of published literature reflects the absence of formal guidelines to help a scientist in assessing the relationship between a questioned document and a printing technology. Generally every printout, independently from the printing technology, may present manufactured characteristics and acquired characteristics (individual characteristics). A logical approach to help the scientist in the formal interpretation of such evidences is to assess the results in a likelihood ratio (LR) format. Three examples aim to show the application of this approach.
Fibers
Authors: Roux Claude , Robertson James
Published: September 2009

Owing to their size and their particular nature, fibers probably constitute the ultimate example of trace evidence. Although fibers are easily transferred during a criminal event and a large pool of techniques can be applied for their characterization, the interpretation of an apparent “fiber match” remains one of the most difficult challenges in the forensic examination of trace evidence. However, our knowledge in this area has significantly improved over the last 25 years. Nowadays, a wealth of empirical data can be used by forensic scientists to determine the value of fiber evidence in the context of a case. In addition, logical and statistical frameworks can also assist them in this endeavor. This article presents a summary of the state of the art in this topic.
Interpreting Expert Opinions: History of
Authors: Aitken Colin G. G.
Published: September 2009

A history of interpretation in forensic science is given in chronological order. There are four stages starting with relative frequencies. Second is discriminating power, which is an answer to the problem of the determination of the quality of a method for distinguishing between two samples from different sources. Significance probabilities are described as the first part of a two‐stage process. The second stage is a comparison. If the measurements on the control and recovered groups are not significantly different, they are deemed similar. A comparison is made as to whether the similarity is that of a rare characteristic or of a common characteristic. The fourth stage is the likelihood ratio, which is the factor that converts prior odds into posterior odds. A description is given of the relationship between significance probabilities and the likelihood ratio. The article ends with a brief discussion of error and of Bayesian networks.
Ink Comparison and Interpretation
Authors: Neumann Cedric
Published: September 2009

This article focuses on the interpretation of the outcome of forensic ink analysis. Forensic analysis of ink can provide valuable information to forensic investigation of questioned documents. Ink analysis can be interpreted in a comparison process or in an identification process. This article formalizes these two processes and discusses the current limitations of the interpretation of ink analysis.
Use of Knowledge‐Based Systems in Forensic Science
Authors: Curran James M.
Published: September 2009

Knowledge based systems in Forensic Science attempt to incorporate Bayesian reasoning, expert knowledge, and background information in the form of databases into a coherent computer software systems which allow caseworkers to interpret evidence in a consistent framework.
Examination of Fibers and Textiles
Authors: Nehse Kornelia
Published: September 2009

Fiber and textile examination offer a wide range of different and valuable information in case work. The identification of a fiber may yield valuable information on the source. However, the main value of fiber examination arises in the context of trace evidence. Fibers shed from the surface of garments and get transferred onto other surfaces. The number that transfers and the persistence of the transferred fibers on the foreign surfaces vary with the type of fiber and depend on the characteristics of the receptive surface. Examination includes fiber intelligence work in which the interpretation of trace distribution and its relevance in relation to the most likely actions at the scene of the alleged crime, reconstruction of textiles and clothing from found pieces, identification of manufacturer and distribution numbers via specific fiber types, identification of manufacturer and time frame of production via labels, and also the identification of clothes types by comparison with photographs or video images can assist the police in investigating a crime.

The investigation of textile damages and physical fits and the reconstruction of knots can also play an important role in textile investigation and might offer valuable information.
Glass
Authors: Lovelock Tina J.
Published: September 2009

Glass can be a highly significant evidence type that can be used to link an individual to a scene. If the pieces of broken glass are large enough, these may be physically or mechanically fitted together like a jigsaw puzzle. However, many fragments produced by a breaking or broken glass object tend to be microscopic (<1 mm) in size. Scientists can search items of clothing, footwear, and hair combings for particles of glass from an alleged perpetrator or victim and compare any found to a window or glass object broken at the scene of a crime. This article briefly discusses the following: glass technology—the composition of glass and manufacture; breaking glass—how glass breaks, how it is transferred, retained, and recovered by forensic scientists; analysis and comparison—using refractive index and elemental composition; and interpretation of findings.
Hair: Animal
Authors: Tridico Silvana R.
Published: September 2009

The forensic examination of animal hair is a well established discipline and has been so for over a century. The basis of all animal hair examination is microscopy, which may enable the hair analyst to identify a hair as animal in origin, characterize the hair to a particular family or species and to conduct comparative examinations. Animal hairs bear microscopic features or characteristics that may assist in their identification. These features can be external, such as the roots and the scale pattern present along the shaft of the hair and internal such as the medulla. Over the last century the examination of animal hairs remained essentially unchanged until the arrival of relative “newcomers” to the examination of animal hairs forum; the transfer and persistence of animal hairs; and DNA profiling. Preliminary studies conducted specifically on the transfer and persistence of animal hairs has shown that the results are comparable to the studies conducted on textile fibers. The advent of DNA profiling of animal hairs provided a degree of individualization which has not been possible with comparative microscopy.
Microchemistry
Authors: Schneck William M.
Published: September 2009

Microchemistry is the application of chemical tests to characterize and identify small quantities of material using a compound microscope. Microchemistry involves the formation of characteristic crystals that can be identified. The chemical tests are performed on a microscope slide, and are simple, inexpensive, and rapid. Qualitative analysis of anions, cations, and functional groups can be performed on microscopic samples, the results of which can be used as an adjunct to instrumental methods. Microchemical tests are performed in many disciplines of forensic science including microanalysis, serology, and drug chemistry.
Trace Evidence: Transfer, Persistence, and Value
Authors: McDermott Sean D.
Published: September 2009

Transfer and persistence studies have been undertaken on trace evidence for many years. The mechanism of transfer and the factors affecting persistence have helped in our knowledge of the nature of trace evidence.

The article explores:

Transfer of trace material by contact and non‐contact.

Persistence of trace material and loss with time

Problems with interpretation of small amounts of trace evidence

Secondary transfer of material.
Fire Debris: Laboratory Analysis of
Authors: Lentini John J.
Published: September 2009

This article describes the laboratory analysis of fire evidence. The most common analysis is the examination of debris samples to determine the presence of inedible liquid residues. These analyses are used to test the field investigator's hypothesis regarding the involvement of ignitable liquids in the fire. Fire debris analysis involves separating volatile residues from the sample, then analyzing those residues by gas chromatography mass spectrometry (GC‐MS). Several methods of separation and concentration of residues are available, and the interpretation of GC‐MS data has been highly standardized. The article includes a discussion of the accepted criteria for identification of most major classes of ignitable liquid residues.
Explosions: Scene Investigation
Authors: Thurman James T.
Published: September 2009

Explosion scene investigations must be carried out methodically to ensure that evidence is recognized and collected, and that the parties responsible for the explosion are correctly identified. It is first necessary to determine whether the event was malicious or the result of an accident, but often that issue is clear from the outset. Explosive scene investigators must learn to recognize and properly collect and document bomb components and other kinds of forensic evidence. This article discusses the basic procedures to be carried out at the scene of a malicious explosion.
Arson Investigation: Misconceptions and Mythology
Authors: Lentini John J.
Published: September 2009

Progress in fire investigation is held back by the burden of an entrenched cache of incorrect “knowledge”. Despite the fact that it has been over 15 years since National Fire Protection Association (NFPA) 921 was first published, some fire investigators still rely on “misconceptions” about the meaning of various fire effects and fire patterns. This article explores some of those.
Fire Modeling and Its Application in Fire Investigation
Authors: Carpenter Douglas J.
Published: September 2009

Individuals involved in the forensic investigation and analysis of fire and explosion incidents are usually tasked with rendering opinions as to the origin, cause, responsibility, and/or prevention of such incidents so that future incidents can be avoided or prevented. The essence of the investigation of fire and explosion incidents is embodied in the use of the scientific method, which has traditionally been used in the physical sciences and forms the basis for legitimate scientific and engineering investigations. The combustion and fire sciences involve complex phenomena, and the advancement of these sciences has helped to build a technical foundation for the discipline. The challenge for the fire investigator is the practical application of fundamental knowledge to the investigation of fires. Such fundamental knowledge can be exploited through the development of models to overcome some of the complexities of the combustion phenomena that limit practical application. Mathematical fire modeling provides the fire investigator with tools for the testing of hypotheses associated with the origin and cause of a particular fire event. Even when the origin and cause of the fire is not at issue, these modeling tools can also be used to evaluate the factors that caused damage to property or injury to people. This article provides an overview of mathematical fire modeling and its application to the investigation of fire and explosion incidents.
Aggression: Gender Differences in
Authors: Nicholls Tonia L. , Greaves Caroline , Moretti Marlene M.
Published: September 2009

Increasingly, researchers are turning their attention to the issue of aggression and violence perpetrated by girls and women. This reflects mounting evidence from several related fields of research including: criminal justice, corrections, forensic psychology and psychiatry, domestic violence, child and elder abuse, and delinquency and juvenile justice. Together, this research supports several broad conclusions: (i) the assumption of female nonviolence is untenable; (ii) rates of female‐perpetrated aggression are escalating; (iii) aggression by females often has serious negative implications for victims; and (iv) there is insufficient research of risk and protective factors, developmental trajectories, and clinical programs to prevent and reduce female aggression. In this paper, we report the prevalence and incidence of aggression among females; document sex differences and similarities in aggressive and violent behavior; and examine sex‐specificversuscommon risk factors. We conclude with clinical implications for prevention and intervention and reflect on gaps in knowledge and directions for future research.
Automatism as a Defense to Crime
Authors: Hill Cheryl A. , Finkenbine Ryan
Published: September 2009

Automatism refers to unconscious, involuntary behavior and can be used as a defense against criminal responsibility, in essence to reduce culpability, based on the idea that a person cannot be held liable for actions that do not stem from full awareness of thoughts and behaviors. Causes of automatism used in criminal defense include somnambulism, cerebral concussion, delerium from fever or drugs, diabetic shock, and epileptic blackouts. In American courts there has been no consistent interpretation of the automatism defense. Some courts have viewed automatism as a variation of the insanity defense, whereas other courts have accepted it as a complete affirmative defense. A great deal rests on the court's interpretation because an insanity defense usually results in hospitalization, whereas a successful strict affirmative defense results in acquittal. In the British system, a distinction is made between sane and insane automatism. British courts use theMcNaughtenstandard for the insanity defense. Within this context, automatism is conceptualized as a “defect of reason”, which may or may not be a result of a “disease of the mind”. If the “defect of reason” is a result of a “disease of the mind”, it is defined asinsane automatism, which meets theMcNaughtenstandard. Matters are further complicated because a judge may also consider the likelihood of recurrence of the criminal behavior as a factor in deciding whether the appropriate defense is insane or sane automatism, that is whether the appropriate disposition is hospitalization or acquittal.
Battered Child Syndrome
Authors: Smarty Sylvester
Published: September 2009

The battered child syndrome is a well‐studied condition with specific clinical features. It is the most extreme form of child maltreatment. Its recognition in the middle of the last century led to widespread changes in the manner in which child abuse is addressed. As a result of increased knowledge of this condition, millions of children have been saved from premature death. This article reviews the history and origin of the battered child syndrome. The diagnostic features, victim characteristics, and predisposing factors are discussed. In addition, the treatment and long‐term outcome of the condition are also addressed. Due to the possible legal implications, the medico‐legal applications of the condition is discussed with brief review of applicable United States landmark cases.
Battered Spouse Syndrome
Authors: Thomas Tracy A. , Clegg Carl , Fremouw William J.
Published: September 2009

Battered spouse syndrome (BWS) was initially conceptualized by Walker (1979). Walker described BWS as comprising several elements, including a three‐stage cycle of violence. The cycle of violence includes an initial “tension” phase, followed by an acute battering incident, and finally a “honeymoon” period. Walker further suggested that women who are abused by an intimate partner typically display learned‐helplessness behavior, guilt, and low self‐esteem. BWS testimony is admissible in all states. Previously, BWS evidence was used to support insanity defenses for women who killed abusive partners. Currently, BWS is rarely used in this capacity. Instead, it is used to bolster claims of self‐defense. This article summarizes the history, theory, and controversy regarding battered spouse syndrome.
Homicide: Multiple (Behavior)
Authors: Edwards Carl N.
Published: September 2009

Mass murders do occur, but they are very rare. Nevertheless, their catastrophic and unpredictable nature, combined with a universal fascination with inner potentials for violence, lead to many distortions in its perception. Mass killers seldom meet the criteria for insanity or even diminished responsibility defenses. Most plan their crimes systematically and with premeditation.

Mass violence can take place anywhere in the world, increase during war and under totalitarian regimes, is seem in many forms, does not fit a single pattern, and has been traced to diverse causes and circumstances. Mass murderers often lead quiet lives and do not have criminal records. While techniques have improved for the assessment of threats made by those who display prior warning signs, prevention is difficult without infringing upon important human and civil rights. There is no proof that mass murder is a recent phenomena, or that it is increasing because of current social conditions. The dynamic of mass violence parallel the dynamics of human behavior in general, and as a problem, is best addressed not as a harbinger or alien concept but as an unfortunate aspect of human existence.
Civil Commitment
Authors: West Sara G. , Hatters‐Friedman Susan
Published: September 2009

Civil commitment is traditionally a process that involves the involuntary hospitalization of a mentally ill individual based on his risk of danger to self or others. It is a complicated topic in which both the medical and legal communities play a role, and subsequently, disparate theories have been developed. The psychiatric community emphasizes the importance of protecting the patient and others at a time when he may not be capable of appropriate decision making. The legal community stresses the necessity of maintaining the civil rights guaranteed to all, including the mentally ill. The process that sparked such interest in this topic occurred with the deinstitutionalization of the mentally ill combined with a general movement toward the recognition of civil liberties. This complex interplay of law and psychiatry has led to the creation of various laws worldwide. These laws differ somewhat when applied to special groups, including minors, insanity acquittees, inmates, and sexual offenders.
Capacity Assessment
Authors: Lee Li‐Wen G.
Published: September 2009

Competency and capacity are related terms, one legal and the other clinical, referring to the ability to make a reasoned choice. In a variety of settings, both civil and criminal, an individual's capacity or lack of capacity to make decisions may be questioned. The assessment of capacity is context specific and may fluctuate over time as mental ability changes. In this article, capacity assessments in the following civil areas are discussed: wills, contracts, treatment, and research participation. For criminal settings, capacity with relation to trial procedures and to waiving various rights including the right to privilege, to have legal counsel, and to posing an insanity defense are addressed. Finally, capacity issues in the sentencing phase and in capital cases are reviewed.
Capacity to Stand Trial
Authors: Finch Indra A.
Published: September 2009

The legal construct of competency to stand trial requires that a defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational as well as factual understanding of the legal proceedings against him. The trier of fact (usually a judge) is responsible for interpreting what capacities are sufficient to meet the legal standard of trial competency. Mental health experts who assist the court in establishing whether or not a defendant is competent to proceed are in a position to explain how mental health issues factor in to a defendant's capacities in relation to the relevant legal concepts. There are three primary capacities that are relevant to a defendant's trial competency: general capacity, decisional capacity, and particular capacities in reference to a defendant's specific case. General capacities speak to a defendant's intrinsic abilities, including his level of psychiatric, intellectual, cognitive, and interpersonal functioning. Decisional capacities consider the manner in which a defendant makes everyday decisions and how this may impact his conceptualization of his case, the rationality of his legal decisions, and his ability to work with his attorney. Particular capacities speak to the unique elements of a defendant's legal case, requiring a direct analysis of relevant case facts and how these may interact with the defendant's mental status. Defendants who are found by the court to be incompetent to stand trial may be referred for competency restoration treatment, depending upon the guidelines of the particular jurisdiction. If treatment with psychiatric medications is required, a judicial hearing may be held to determine whether this treatment will meet established criterion to authorize involuntary treatment. Legal standards for competency to stand trial are the same as competency to be sentenced, to plead guilty, to waive an insanity defense, to waive privilege, to waive the right to counsel, and to be executed as each speaks to decisional capacities specific to a defendant's case. The decision to proceedpro se(represent self) also must be made voluntarily and intelligently.
Compulsion
Authors: Yang Suzanne
Published: September 2009

Compulsion refers to the experience of a coercive force, either external or internal to the individual. The person under compulsion is driven toward certain behaviors beyond his choosing. The legal relevance of compulsion includes the use of the term to refer to measures external to the individual applied in order to enforce desired behaviors, such as compliance with treatment that is ordered by the court. The concept of compulsion may also become relevant in legal proceedings when the person's liability for his actions is at stake, such as in the determination of criminal responsibility. Although the idea of compulsion implies that action is not voluntary, the assessment in legal proceedings of an individual's ability to exercise free will is limited to phenomenological description of what the law understands as motivation and choice, rather than the philosophical or biological underpinnings of what constitutes freedom in action. Whether the coercive force is external or internal to the individual, compulsion has subjective effects on the person's experience and self‐perception.
Compulsion Defense
Authors: Raff Adam N.
Published: September 2009

While the law acknowledges special circumstances that may reduce an individual's criminal responsibility, the various defenses of excuse, including coercion and compulsion, often elicit a range of societal responses. The compulsion defense, affirmed by individuals in extreme circumstances or states of mind, is a vague legal concept because it is not a uniformly accepted legal term. The terms duress and necessity are more commonly used to indicate the affirmative compulsion defenses but are not synonymous and distinguished with respect to the source of the external threat of harm (e.g., environment vs man‐made.) The issues of freewill, assumed to be fundamental principals in the adjudication of criminal responsibility, are challenged by the advances in neuroscientific research. Specifically, the work of Dr. Benjamin Libet is discussed, among others, as an example of neuroscientific research intended to empirically measure the sequence of an intentional thought and its relationship to consciousness. Such neurobiological explorations underscore the increasing efforts at unlocking the complexities that interface between the human brain and correlating behaviour.
Dangerousness: Risk of
Authors: Wilson Catherine M. , Douglas Kevin S.
Published: September 2009

The concept of dangerousness has had an important role within both civil and criminal legal contexts. It has been used in various legal scenarios, such as child custody cases, civil psychiatric commitment decisions, and criminal sentencing and parole decisions, to name a few. Although originally conceptualized simply as an individual's propensity to commit a dangerous act (a simple yes or no prediction), “dangerousness” has evolved into a complex ongoing assessment of risk. This article outlines the evolution of dangerousness, from its introduction to the legal and mental health systems to the present conceptualization of dangerousness, known asrisk assessment and management.
Mental Retardation: Death Penalty
Authors: Macvaugh Gilbert S. , Salekin Karen L. , Olley J. Gregory
Published: September 2009

In 2002, the US Supreme Court held inAtkins v. Virginiathat the execution of individuals with mental retardation (also referred to as intellectual disability) is unconstitutional. Following theAtkinsholding, courts in death penalty jurisdictions have begun to call upon mental health professionals to assist the trier of fact in determining whether offenders in capital murder cases have mental retardation. However, the determination of mental retardation in death penalty cases presents several unique and complex challenges for both legal and mental health professionals. Moreover, there is great variability in how states define mental retardation and in the methods used by mental health professionals to diagnose mental retardation in such cases. The purpose of this chapter is to (i) provide an overview of the current death penalty statutes on mental retardation in the United States; (ii) describe the definitions of mental retardation as promulgated by professional organizations in the field; (iii) discuss the diagnosis of mental retardation in death penalty cases; and (iv) review the available research on malingering and mental retardation.
Duty to Warn
Authors: Stankowski Joy E.
Published: September 2009

In law, duty to warn states that a party may be held liable for damages sustained to a second party, if the first party had opportunity to warn the second, and failed to do so. This concept was applied to mental health practitioners in the landmark California Supreme Court case,Tarasoff v. Regents(hereafter known asTarasoff I), which established the duty of a therapist to warn foreseeable victims of patients. In the rehearing of Tarasoff I in 1976 (hereafter known asTarasoff), the court clarified that the duty was to protect, with warning, a possible victim being one way of discharging this duty. For the past 30 years, both therapists and courts have wrestled with the implications of the Tarasoff duty. The majority of states have adopted Tarasoff‐like statutes, with various interpretations and limitations. Canada and the United Kingdom have also considered Tarasoff‐like statues, but to date, have mostly relied on an unlegislated concept that public protection occasionally supersedes patient confidentiality. This article examines the history of duty to protect, before and after Tarasoff, controversies surrounding this duty, and current trends.
Eyewitness Testimony
Authors: Nelson Kally J. , Bowman‐Fowler Nicci , Berkowitz Shari R. , Loftus Elizabeth F.
Published: September 2009

Faulty eyewitness testimony is the leading cause of wrongful convictions. To understand how mistakes can happen, it is important to study the processes involved when witnesses see a crime, report it to the police, and testify at trial. Psychologists have identified three stages of witness memory—acquisition, retention, and retrieval—and various factors can affect memory at each stage. In addition to the way in which memory works, research has shown that there are certain factors inherent in the witness that influence how memory for a crime is encoded. Some factors, such as lighting, distance, or other conditions under which the crime occurred, are referred to asestimator variables. Other factors (such as the wording of questions) are under the control of law enforcement, and are sometimes referred to assystem variables. The science of eyewitness memory is vast, and questions have arisen about whether jurors possess this knowledge, or whether some findings are beyond the common sense of jurors. Research has shown that jurors do indeed have misconceptions about memory, and thus, some experts have suggested that they should be educated about the science, perhaps through cautionary instructions or by the use of expert testimony.
Aggression
Authors: Yang Suzanne
Published: September 2009

Aggression is a term with meanings that range from the expression of mild hostile or angry feelings to behavioral phenomena that result in destructive action. The internal state associated with aggression can be distinguished from its outward manifestations, including violence resulting in physical injury and homicide. After a brief review of what sources are available regarding the prevalence of violence, this article outlines some factors associated with aggression and violence and summarizes current problems in the study of their underlying causes. Individualized assessment is required in order to formulate a treatment plan, whether in the context of clinical care or corrections. Prevention at the individual and societal levels remains an important focus of public health and policy intervention. At present, there is no unified conceptualization of aggressive states and actions leading to the injury of other persons, and research has been feasible only when subtypes of victims and perpetrators have been identified and studied separately. An additional overview of the topic is provided in Aggression: Gender Differences in, which describes female‐perpetrated violence in the context of aggressive behavior in both genders.
Temporary Insanity
Authors: Stankowski Joy E.
Published: September 2009

Insanity is a legal, not medical, term often used to justify a defendant's lack of criminal responsibility for an act. Temporary insanity implies that this lack of criminal responsibility might be the product of a temporary or transient mental illness. Pleading temporary insanity is difficult, controversial, and often unsuccessful. This article examines the definition of temporary insanity more closely and reviews the history of the plea through various cases.
Mental Health Courts
Authors: Schneider Richard D.
Published: September 2009

Mental health courts have been instrumental in bringing our attention to the plight of mentally disordered accused. While not flawless, they represent an innovative approach to addressing the needs of individuals within our society who have historically been alienated by both the justice system and the increasingly debilitated and diluted mental healthcare system. Above all aspects of the mental health court movement, perhaps the most laudable feature is the commitment to see new and improved ways to address these needs. They are a first attempt, a good attempt, and an example of therapeutic jurisprudence at work in reducing the criminalization of the mentally disordered individual. A much more direct and expedient approach to the problems sought to be addressed by these courts is deceptively simple: reinvest in the mental healthcare system so that that the needs of these individuals would be addressed at first instance. Absent a major change in this regard, mental health courts continue to be brave and innovative attempts to patch a broken system.
Mental Retardation
Authors: Salekin Karen L. , Olley J. Gregory
Published: September 2009

Mental retardation is a construct that has existed for many years and has evolved with the changing1 political climate and advances in knowledge. At the time of writing, there exist three primary definitions of the disability that, while similar, are disparate enough to result in different perceptions of the disorder. This article reviews the current definitions of the disorder and briefly touches upon issues pertaining to the assessment of mental retardation and its etiology, and the functional abilities of individuals who have the disability and the critical role that supports and services play in their day‐to‐day existence.
Postpartum Psychosis
Authors: Hatters‐Friedman Susan
Published: September 2009

Postpartum psychosis, though rare, often has a dramatic presentation, usually after hospital discharge. Symptoms such as insomnia, hallucinations, delusions, abnormal mood, and agitation may occur. Potential risks include suicide, child neglect, or infanticide. Mothers often require psychiatric hospitalization. Those who kill their infants related to postpartum psychosis may qualify for infanticide or insanity defenses.
Psychological Autopsy
Authors: Knoll James L. , Hazelwood Robert R.
Published: September 2009

The psychological autopsy is a procedure that assists in the classification of equivocal deaths, where the manner of death is not immediately clear. The procedure involves a thorough and systematic retrospective analysis of the decedent's life, with a particular focus on suicide risk factors, motives, and intentions. It has been used for almost 50 years to assist medical examiners, collect research data, inform suicide prevention efforts, and as a forensic tool in courts. The psychological autopsy is a time‐consuming process that requires the investigator to analyze all relevant data from a wide array of sources so that a rich psychological biography emerges. A properly conducted psychological autopsy provides a level of important detail far beyond that obtained from a simple review of demographic data or a police narrative. The psychological autopsy methodology has met admissibility standards in a few criminal and civil cases. However, the problem of a lack of standardization has been cited as a main limitation. Until a standardized protocol is developed and accepted, admissibility will likely be determined on a case‐by‐case basis.
Psychopathy
Authors: Hart Stephen D.
Published: September 2009

Psychopathy is also known aspsychopathic, antisocial, dissocial, andsociopathic personality disorder. It is a specific form of personality disorder that comprises a broad range of symptoms. The general course is characterized by onset in childhood and persistence into late adulthood. It can be diagnosed according to criteria in standard nosologies, although specialized psychometric procedures are often preferred by forensic mental health professionals. Using broad diagnostic criteria, estimates of lifetime prevalence in the United States were found to range from ∼1.5 to 3.5% in the general population and 50–75% in forensic populations; estimates based on more stringent diagnostic criteria are about one‐third of these rates. Psychopathy appears to be more prevalent in males, in younger generations, and in individualistic cultures; this may be due to symptom expression being facilitated by norms that promote strong individualism or, alternatively, to bias in the existing diagnostic criteria. Psychopathy is frequently comorbid with substance use disorders and some other personality disorders. The etiology of psychopathy is unknown. No reliably effective treatment for psychopathy has been identified. Psychopathy is associated with serious crime, including violence, and is often considered in psycholegal evaluations related to risk assessment.
Rape Trauma Syndrome
Authors: Clegg Carl , McCoy Katrina , Fremouw William J.
Published: September 2009

Rape trauma syndrome (RTS) is a cluster of negative mental, emotional, and physical symptoms commonly experienced by victims of rape. There is no consensus among clinicians regarding the type, number, and severity of RTS symptoms and it is not included in the DSM‐IV‐TR. However, it is often diagnosed as a type of posttraumatic stress disorder (PTSD) due to similar criteria. Expert testimony of RTS is often used in court, despite inconsistent rulings regarding its admissibility. In general, PTSD is preferable in court because it is an officially recognized diagnosis that does not necessarily imply that a rape occurred.
Substance Abuse
Authors: Resor Michelle R.
Published: September 2009

Oftentimes substance abuse is associated with illicit activity, but this connection can be complex. Crime can be related to the illegal nature of many substances and unregulated drug trade. Also, some substances may cause physiological changes that lead to aggression and impaired judgment. Another possibility is the presence of a third factor, such as a mental health disorder, that leads to both substance use and criminal behavior symptomatic of psychological distress. Options for treating offenders with substance use disorders have been investigated, and Motivational Interviewing may be a good fit for people with substance abuse disorders.
Forged and Counterfeit Documents
Authors: Bicknell Danna E. , Laporte Gerald M.
Published: September 2009

When allowed to proliferate, fraudulent documents can have a devastating impact on both the integrity and infrastructure of financial systems, as well as the security of a nation. Technologies such as digital imaging software, scanners, color printing devices, and the Internet have paved the way for criminals to easily create an array of fraudulent documents. This improved capability of the counterfeiter, coupled with a lack of knowledge of genuine features by the acceptors of these instruments, has contributed to their escaping detection.

Combating counterfeiting not only requires attention from law enforcement, but also concerted effort from manufacturers, document issuers, financial institutions, and retailers that accept documents as means for transactions. The purpose of this article is to focus on the role of forensic document examiners (FDEs) and the objective examinations they conduct in order to differentiate counterfeit or forged from genuine. The tasks involved in performing these analyses can be complex because, in addition to determining authenticity, the examiner may be called upon to provide expertise regarding how fraudulent documents are constructed, and whether potential associations exist with other suspect documents. Ultimately, providing accurate, unbiased courtroom testimony to assist the trier of fact is the culmination of thorough and intensive examinations. These procedures that are utilized have been outlined with emphasis on physical characteristics, printing processes, security features, and electronic media. A brief discussion of each ensues with numerous illustrations depicting the types of features encountered, as well as necessary examinations that FDEs should conduct to determine if documents are fraudulent.