Of the various rules establishing a mental health clinician's legal duty to take precautions to protect their patient from harming others, the most common is the specificity rule that limits the protective duty to warn reasonably identifiable victims. The specificity rule is important wherein the main or only specified protective measure is warning the victim. In the last quarter century, Pennsylvania adopted the specificity rule from its Supreme Court Emerich decision. In its recent Maas decision, the Pennsylvania Supreme Court expanded the duty to apply to potential victims who are unnamed and unidentifiable except for living on the same floor as the patient of a multiunit building. Victims constituted a group referenced by the patient as a “neighbor,” but from the patient's threats both narrower “next door neighbor” and broader “anyone.” We place this judicial expansion of the duty to warn within the context of professional ethics guidelines and state Tarasoff statutes that pertain to psychiatrists. The potential adverse consequences of this vague expansion of the specificity rule for clinicians, psychiatric patients, and unconnected citizens of Pennsylvania and for other jurisdictions in which courts could misguidedly follow this expansionist example are discussed, along with potential solutions.
The above article, first published online 31st October 2023, on Wiley Online Library (wileyonlinelibrary.com), has been retracted at the request of the authors, and by agreement between the Editor in Chief, Michael Peat PhD, the American Academy of Forensic Science, and John Wiley & Sons Inc. This retraction has been made because of the omission of the authorship of two co-investigators and premature submission of the manuscript that prevented corrections from, and approval by, the full research team. There was also a departure from the authorizing committee's terms for acknowledgment.
Training is an essential component of onboarding new hires in forensic science service provider (FSSP) laboratories. There are several DNA training standards published by the American Academy of Forensic Sciences (AAFS) Academy Standards Board (ASB) American National Standards Institute (ANSI) accredited framework. In this study, we conducted a survey of forensic DNA laboratory training programs to better understand training activities and materials. The survey was approved by the IRB and emailed to forensic laboratory directors, assistant directors, and/or DNA technical leaders and responses were submitted by them or their designees. Over thirty leaders and stakeholders responded. In this article, we report on the results of the survey. Respondents indicated that training activities included readings, writing assignments and quizzes, shadowing analysts, and mock casework and that training is documented and is a collaborative effort of the technical leader, unit supervisor, advanced forensic scientists, and other analysts and technicians. Laboratories assess competency using multiple methods including performance on mock casework, report writing, laboratory practical and competency tests, and a mock trial and testimony. The top three training activities reported are hands-on practice, shadowing, and readings. The top three focuses of the training are laboratory techniques (extraction, quantitation, amplification, and capillary electrophoresis), STR typing, and mixture analysis. Ethics violations and failure to pass the competency tests and mock trial, even after remediation, are the top reasons new hires fail training. Finally, the top items respondents would like to spend more time offering training on are troubleshooting, validation, and root cause analysis.