Forensic Science International Mind and Law最新文献

The insanity defense remains one of the most difficult evaluations for a forensic examiner because it requires a retrospective reconstruction of an individual's mental state and extracting that mental state to specific psycholegal criteria (e.g., capacity to understand wrongfulness) at the time of an alleged crime. Some scholars have suggested that neuroimaging can improve the objectivity of insanity evaluations by highlighting brain deficits in the defendant that led to a compromised ability to understand wrongfulness or an inability to comport their behavior to the requirements of the law. This brief review highlights six principal limitations that, to date, have not been appropriately addressed by proponents of using neuroimaging in insanity evaluations. Researchers are encouraged to address these specific limitations to improve its application to insanity defense evaluations. We posit that until this work is completed, neuroimaging provides limited value to insanity evaluations.

Political doctrine has arguably coloured public perceptions of prison, as a lone deterrent, in reducing crime rates. Literature pertaining to public attitudes of criminality reports harsher punitive views towards individuals who have committed criminal offences in the UK, but this has yet to be assessed by education level. In two independently sampled studies, we explored how degree-level classifications more broadly impact the punitive or rehabilitative leaning of an individual (Study One, N = 180), and whether associations were replicated for forensic psychology education more specifically, internationally (Study Two, N = 183). Whilst merely having a degree did not significantly impact punitive judgments, undertaking a forensic psychology degree specifically, relative to criminology or psychology degrees more broadly, resulted in more positive and less punitive attitudes. There is a clear need for transparency of the Criminal Justice System in the provision of better education, allowing members of the public to make better informed decisions of their punitive judgments of individuals who have committed serious criminal offences. Furthermore, a better understanding of perceptions of these individuals and implications they may have on their treatment; the derivation of such opinions implicating governmental policies regarding rehabilitative care in cases of serious crime. Individual implications for the Slovak educational system and the overall importance of forensic psychology as an independent course.

Although evidence indicates that head injury (HI) is prevalent in prisoners, little is known about HI in defendants during the Court process. This study assesses history of HI and persisting sequelae in defendants undergoing Criminal Justice Social Work (CJSW) assessment for Court.

A cross sectional, between subjects design was used. HI history was assessed using the Ohio State University TBI Identification-Method and disability with the Glasgow Outcome Scale-Extended in 46 adult defendants undergoing a CJSW assessment in Scotland. Assessments of mental health, cognitive function, effort on tests and dysexecutive behaviour were also carried out. Comparisons were made between defendants with and without significant HI.

Significant HI (SHI) was found in 33/46 (72%) participants and 39% (13/33) of these had persisting disability. Those with SHI were more likely to have moderate-severe mental health difficulties, problematic alcohol or drug use and impairment on the Dysexecutive Questionnaire. Group differences were not found on cognitive tests or in offending history. No CJSW report identified HI.

Disability, psychological distress, dysexecutive behaviour and potentially harmful substance use are more common in defendants with SHI. Training and a screening process for HI in CJSW assessments is needed to inform Court disposals and interventions.

Antisocial personality disorder (ASPD) is a personality disorder characterized by a persistent pattern of disregard for rules and norms, deceitfulness, impulsivity, and aggressiveness. ASPD is also associated with the dark triad, which includes psychopathy, Machiavellianism, and narcissism. Although there is considerable research surrounding individuals with antisocial personality disorder and its related constructs in the Western hemisphere, little is known about this disorder in the Arab world. The aim of this review is to identify the unique characteristics of antisocial individuals in the Arab region. We searched four databases (Medline, Psych Info, CINAHL, and Embase) in addition to searching the reference lists of relevant papers. Our search yielded 1381 records, 38 of which were eligible for full-text assessment, and 16 fulfilled our inclusion criteria. None of the studies examined the prevalence of antisocial personality disorder in the general population, as most of them were conducted on specific populations. Our review suggests that individuals from the Arab region present with a different profile than individuals sampled in Western studies. We also reveal that all studies conducted in this region were completed using instruments developed in the West, as opposed to emic-driven instruments developed in the Arab region. We discuss the implications of these studies and the need for further research.

Background

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.

Methods

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.

Results

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.

Conclusion

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.

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 (N = 115) and fingerprint experts (N = 34). Findings suggested a potentially complex relationship between stress and expert performance. On the one hand, in this study stress seemed to improve 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.

Both school exclusion and neurodisability are prospective markers for increased risk of subsequent contact with criminal justice system in general and justice-involved samples. However, relationships between school exclusion, neurodisability, and age at first conviction have received minimal attention. Age at first conviction is an important outcome, as justice system contact is criminogenic, so people convicted at a younger age are at risk of becoming entrenched in the system. This issue was addressed with data collected from 3035 convicted male adults, who completed the Do-IT Profiler screening assessment in HMP Parc (Wales, UK). Multiple school exclusions were associated with earlier first convictions, with those excluded once, 2–3 times, and 4 or more times being first convicted 3, 5, and 6 years earlier on average than the never-excluded cohort. Of the excluded cohort, 45% were sent to a Pupil Referral Unit (PRU) (a facility for children excluded from mainstream school). They were first convicted an average of 2 years younger than those who were excluded but never sent to a PRU, and an average of 6 years younger than those who were never excluded. This suggests that being sent to a PRU is associated with earlier first convictions than exclusion alone. Each standard deviation increase in neurodisability (indexed by lower scores on a functional skills screener, used here as a proxy for neurodisability) was associated with being 0.5 years younger at first conviction. Finally, school exclusion was correlated with scores on the functional skills screener, suggesting that school exclusion could be a potential mechanism for the criminalisation of children with neurodisability. These findings elucidate associations between school exclusion (including PRU referral), poor functional skills indicative of neurodisability, and criminalisation at a younger age in prison populations.

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.