Technology-facilitated sexual abuse refers to the use of information and communication technologies to facilitate both virtual and in-person sexual crimes. Research on this topic has focused on rates, risk factors, and consequences. This scoping review aims to understand whether and how forensic psychological procedures are adapted to assess adolescent victims and how Internet-based information might be useful as complementary data. Following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses extensions for Scoping Reviews guidelines, searches were conducted in April 2023 in five electronic databases to include Portuguese, Spanish, or English quantitative, qualitative, or mixed-method peer-reviewed studies. Of the 2523 studies, six were considered eligible. Identified procedures include forensic interviews following the National Institute for Child Health and Human Development Protocol, and risk and trauma assessments. While discussing technology's role in abuse during interviews was informative, confronting adolescents with evidence of their abuse had adverse effects on their testimony and recovery. The assessment tools often had a narrow focus or overlooked the abuse unless explicitly disclosed, implied a referral, or when safeguarding concerns were raised. Clinical, forensic, and criminal implications are elaborated.
技术协助性虐待是指利用信息和通信技术为虚拟和亲身性犯罪提供便利。有关这一主题的研究主要集中在发生率、风险因素和后果方面。本范围界定综述旨在了解是否以及如何调整法医心理程序以评估青少年受害者,以及基于互联网的信息如何作为补充数据发挥作用。根据《系统综述和荟萃分析的首选报告项目》(Preferred Reporting Items for Systematic Reviews and Meta-Analyses extensions for Scoping Reviews)指南,我们于 2023 年 4 月在五个电子数据库中进行了检索,以纳入葡萄牙语、西班牙语或英语的定量、定性或混合方法同行评审研究。在 2523 项研究中,有 6 项被认为符合条件。确定的程序包括按照国家儿童健康与人类发展研究所协议进行的法医访谈,以及风险和创伤评估。虽然在访谈过程中讨论技术在虐待中的作用能提供信息,但让青少年面对虐待证据会对他们的证词和康复产生不利影响。评估工具的关注点往往很窄,或者忽略了虐待行为,除非明确披露、暗示转介或提出保障问题。本文阐述了临床、法医和刑事方面的影响。
{"title":"Forensic psychological procedures in cases of technology-facilitated sexual abuse among adolescents: A scoping review","authors":"Maria Vale, João P. Gomes, Marlene Matos","doi":"10.1002/bsl.2658","DOIUrl":"10.1002/bsl.2658","url":null,"abstract":"<p>Technology-facilitated sexual abuse refers to the use of information and communication technologies to facilitate both virtual and in-person sexual crimes. Research on this topic has focused on rates, risk factors, and consequences. This scoping review aims to understand whether and how forensic psychological procedures are adapted to assess adolescent victims and how Internet-based information might be useful as complementary data. Following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses extensions for Scoping Reviews guidelines, searches were conducted in April 2023 in five electronic databases to include Portuguese, Spanish, or English quantitative, qualitative, or mixed-method peer-reviewed studies. Of the 2523 studies, six were considered eligible. Identified procedures include forensic interviews following the National Institute for Child Health and Human Development Protocol, and risk and trauma assessments. While discussing technology's role in abuse during interviews was informative, confronting adolescents with evidence of their abuse had adverse effects on their testimony and recovery. The assessment tools often had a narrow focus or overlooked the abuse unless explicitly disclosed, implied a referral, or when safeguarding concerns were raised. Clinical, forensic, and criminal implications are elaborated.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 4","pages":"313-337"},"PeriodicalIF":1.0,"publicationDate":"2024-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/bsl.2658","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140627020","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study examines Sexual Homicide (SH) cases, analyzing the transition to cold cases through a non-discretionary lens. Utilizing the SH International Database, it explores the interplay between offender behavior, victim characteristics, and crime context. Advanced methodologies, including sequential logistic regression and Artificial Neural Networks, identify key predictors of case resolution. Results highlight the critical influence of victim intoxication, high-risk activities, and the location of the victim's body on case solvability. The study also reveals the significant role of offender forensic awareness and the complexity of crime scenes in hindering case resolution. These findings underline the multifaceted nature of SH cases, emphasizing the importance of understanding the nuanced interplay between victim, offender, and contextual factors in solving these challenging cases.
本研究探讨了性杀人案件(SH),通过非自由裁量的视角分析了向冷案的转变。本研究利用 SH 国际数据库,探讨了罪犯行为、受害者特征和犯罪背景之间的相互作用。包括序列逻辑回归和人工神经网络在内的先进方法确定了案件解决的关键预测因素。研究结果凸显了受害人醉酒、高风险活动和受害人尸体所在位置对案件侦破的关键影响。研究还揭示了罪犯的法医意识和犯罪现场的复杂性在阻碍案件侦破方面的重要作用。这些发现凸显了 SH 案件的多面性,强调了了解受害者、罪犯和环境因素之间微妙的相互作用对侦破这些具有挑战性的案件的重要性。
{"title":"How to get away with (sexual) murder? Unraveling cold cases in sexual homicide using a hybrid modeling probabilistic approach","authors":"Julien Chopin, Eric Beauregard","doi":"10.1002/bsl.2661","DOIUrl":"10.1002/bsl.2661","url":null,"abstract":"<p>This study examines Sexual Homicide (SH) cases, analyzing the transition to cold cases through a non-discretionary lens. Utilizing the SH International Database, it explores the interplay between offender behavior, victim characteristics, and crime context. Advanced methodologies, including sequential logistic regression and Artificial Neural Networks, identify key predictors of case resolution. Results highlight the critical influence of victim intoxication, high-risk activities, and the location of the victim's body on case solvability. The study also reveals the significant role of offender forensic awareness and the complexity of crime scenes in hindering case resolution. These findings underline the multifaceted nature of SH cases, emphasizing the importance of understanding the nuanced interplay between victim, offender, and contextual factors in solving these challenging cases.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 4","pages":"293-312"},"PeriodicalIF":1.0,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/bsl.2661","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140626878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study endeavors to scrutinize the perspectives of primary school teachers regarding children's rights. Employing qualitative research methods, particularly a case study approach, the research delves into the insights of 14 teachers working in a primary school within the Turkish Cypriot region during the 2022–2023 academic year. Data collection was facilitated through the utilization of a semi-structured interview form, and subsequent analysis was conducted via content analysis. The findings underscore a discernible lack of adequate knowledge among teachers pertaining to children's rights, particularly in the context of violations occurring on social media platforms. In response, recommendations are posited, advocating for the implementation of in-service training programs to enhance teachers' awareness, the integration of children's rights throughout all stages of primary education, collaborative efforts between the Turkish Education Institution and the Information Technologies Communication Authority to raise awareness among families and educators, and the inclusion of a dedicated course on children's rights in the curriculum of the Turkish Cypriot Region Teacher Academy and university faculties of education.
{"title":"An exploration of primary school teachers' perspectives on children's rights","authors":"Emine Yılmaz Bolat, Leyla Şahin, Muhammed Erdal","doi":"10.1002/bsl.2659","DOIUrl":"10.1002/bsl.2659","url":null,"abstract":"<p>This study endeavors to scrutinize the perspectives of primary school teachers regarding children's rights. Employing qualitative research methods, particularly a case study approach, the research delves into the insights of 14 teachers working in a primary school within the Turkish Cypriot region during the 2022–2023 academic year. Data collection was facilitated through the utilization of a semi-structured interview form, and subsequent analysis was conducted via content analysis. The findings underscore a discernible lack of adequate knowledge among teachers pertaining to children's rights, particularly in the context of violations occurring on social media platforms. In response, recommendations are posited, advocating for the implementation of in-service training programs to enhance teachers' awareness, the integration of children's rights throughout all stages of primary education, collaborative efforts between the Turkish Education Institution and the Information Technologies Communication Authority to raise awareness among families and educators, and the inclusion of a dedicated course on children's rights in the curriculum of the Turkish Cypriot Region Teacher Academy and university faculties of education.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 4","pages":"278-292"},"PeriodicalIF":1.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140583397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Bernice A. Marcopulos, Paul Kaufmann, Anisha C. Patel
With its firm establishment as a neuropsychology subspecialty, forensic neuropsychological assessment is integral to many criminal and civil forensic evaluations. In addition to evaluating cognitive deficits, forensic neuropsychologists can provide reliable information regarding symptom magnification, malingering, and other neurocognitive and psychological issues that may impact the outcome of a particular legal case. This article is an overview and introduction to neuropsychological assessment in the forensic mental health context. Major issues impacting the current practice of forensic neuropsychology are summarized, and several examples from case law are highlighted.
{"title":"Forensic neuropsychological assessment","authors":"Bernice A. Marcopulos, Paul Kaufmann, Anisha C. Patel","doi":"10.1002/bsl.2656","DOIUrl":"10.1002/bsl.2656","url":null,"abstract":"<p>With its firm establishment as a neuropsychology subspecialty, forensic neuropsychological assessment is integral to many criminal and civil forensic evaluations. In addition to evaluating cognitive deficits, forensic neuropsychologists can provide reliable information regarding symptom magnification, malingering, and other neurocognitive and psychological issues that may impact the outcome of a particular legal case. This article is an overview and introduction to neuropsychological assessment in the forensic mental health context. Major issues impacting the current practice of forensic neuropsychology are summarized, and several examples from case law are highlighted.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 4","pages":"265-277"},"PeriodicalIF":1.0,"publicationDate":"2024-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/bsl.2656","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140583600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The comparative examination of different groups of sexual homicide offenders (SHOs) is currently limited. To expand our understanding of Chinese sexual homicides, this study aimed to distinguish between the modus operandi (MO) characteristics of repeat (i.e., with previous arrest and/or conviction) and nonrepeat (i.e., without previous arrest and/or conviction) offenders. Data were gathered from police arrest records, court documents, and published case reports in mainland China, covering a 31-year period (1988–2018). A sample of 86 male SHOs (31 repeat and 55 nonrepeat offenders) was identified and the offenders' MO characteristics were examined. Compared with nonrepeat offenders, repeat offenders were significantly more likely to commit sexual murder in outdoor locations, approach their victims initially using a non-surprise approach, engage in nonvaginal penetration of their victims, use a personal weapon to kill their victims, and move their victims' bodies away from the crime scene. However, repeat offenders were less likely to be arrested immediately after committing the murder. The findings have practical implications for police investigative strategies, such as suspect prioritization.
{"title":"Sexual homicide offenders as repeat and nonrepeat offenders: An empirical study of sexual homicide cases in Mainland China","authors":"Heng Choon (Oliver) Chan","doi":"10.1002/bsl.2657","DOIUrl":"10.1002/bsl.2657","url":null,"abstract":"<p>The comparative examination of different groups of sexual homicide offenders (SHOs) is currently limited. To expand our understanding of Chinese sexual homicides, this study aimed to distinguish between the modus operandi (MO) characteristics of repeat (i.e., with previous arrest and/or conviction) and nonrepeat (i.e., without previous arrest and/or conviction) offenders. Data were gathered from police arrest records, court documents, and published case reports in mainland China, covering a 31-year period (1988–2018). A sample of 86 male SHOs (31 repeat and 55 nonrepeat offenders) was identified and the offenders' MO characteristics were examined. Compared with nonrepeat offenders, repeat offenders were significantly more likely to commit sexual murder in outdoor locations, approach their victims initially using a non-surprise approach, engage in nonvaginal penetration of their victims, use a personal weapon to kill their victims, and move their victims' bodies away from the crime scene. However, repeat offenders were less likely to be arrested immediately after committing the murder. The findings have practical implications for police investigative strategies, such as suspect prioritization.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 4","pages":"249-264"},"PeriodicalIF":1.0,"publicationDate":"2024-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/bsl.2657","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140332198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Neuroimaging and other neurobiological evidences are increasingly introduced in criminal litigation, especially when a neuropsychiatric disorder is suspected. Evaluations of criminal competencies are the most common type of criminal forensic assessment in forensic psychiatry and psychology. Given this, it is critical for forensic evaluators to understand how neuropsychiatric disorders may affect a defendant's criminal competencies and how neurobiological data may be used in competency determinations. This paper reviews the use of neurobiological data, particularly neuroimaging, while considering the limitations and potential misuse of such data in criminal competency evaluations.
{"title":"Neurobiological evidence and criminal competencies","authors":"Tianyi Zhang, Ariana Nesbit, Vivek Datta","doi":"10.1002/bsl.2655","DOIUrl":"10.1002/bsl.2655","url":null,"abstract":"<p>Neuroimaging and other neurobiological evidences are increasingly introduced in criminal litigation, especially when a neuropsychiatric disorder is suspected. Evaluations of criminal competencies are the most common type of criminal forensic assessment in forensic psychiatry and psychology. Given this, it is critical for forensic evaluators to understand how neuropsychiatric disorders may affect a defendant's criminal competencies and how neurobiological data may be used in competency determinations. This paper reviews the use of neurobiological data, particularly neuroimaging, while considering the limitations and potential misuse of such data in criminal competency evaluations.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 3","pages":"241-248"},"PeriodicalIF":1.4,"publicationDate":"2024-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/bsl.2655","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140177175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
We examined the interrelationships between psychopathy, changes in general criminal attitudes, and community recidivism in a sample of 212 men who attended an institutional sexual offense treatment program (SOTP) and were followed for an average of 12.73 years post-release. The men completed a self-report measure of general criminal attitudes, the Criminal Sentiments Scale, as part of routine SOTP service delivery, Psychopathy Checklist-Revised (PCL-R) ratings were completed via file review, and recidivism data were obtained from official criminal records. Criminal attitude endorsement and criminal attitude change had clinically meaningful, but differential, associations with the antisocial and interpersonal features of psychopathy. Further, positive changes in criminal attitudes—particularly tolerance of law violations (i.e., rationalizations for criminal behavior)—were significantly predictive of reductions in community violent and general recidivism after controlling for PCL-R score. Results demonstrate that general criminal attitude change has risk relevance in the treatment of high psychopathy persons with sexual offense histories.
{"title":"Therapeutic and risk relevance of psychopathy and general criminal attitude change in an institutional sexual offense treatment program","authors":"Carissa M. Augustyn, Mark E. Olver","doi":"10.1002/bsl.2654","DOIUrl":"10.1002/bsl.2654","url":null,"abstract":"<p>We examined the interrelationships between psychopathy, changes in general criminal attitudes, and community recidivism in a sample of 212 men who attended an institutional sexual offense treatment program (SOTP) and were followed for an average of 12.73 years post-release. The men completed a self-report measure of general criminal attitudes, the Criminal Sentiments Scale, as part of routine SOTP service delivery, Psychopathy Checklist-Revised (PCL-R) ratings were completed via file review, and recidivism data were obtained from official criminal records. Criminal attitude endorsement and criminal attitude change had clinically meaningful, but differential, associations with the antisocial and interpersonal features of psychopathy. Further, positive changes in criminal attitudes—particularly tolerance of law violations (i.e., rationalizations for criminal behavior)—were significantly predictive of reductions in community violent and general recidivism after controlling for PCL-R score. Results demonstrate that general criminal attitude change has risk relevance in the treatment of high psychopathy persons with sexual offense histories.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 3","pages":"221-240"},"PeriodicalIF":1.4,"publicationDate":"2024-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140168216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Internet plays a pervasive role in modern life including the expression of human sexuality and sexual offending. A range of online sexual activities may be of interest in forensic mental health evaluations (FMHE), including those which are clearly illegal or those which are legal but functionally problematic. Online sexual offenses will clearly prompt forensic evaluators to consider the role of the Internet in these offending behaviors. The Internet may also be relevant in forensic evaluations of contact sexual offending including informing on history of mixed or cross-over offending, and Internet-facilitated contact offenses. A review of Internet-data may span several online domains, many of which provide the user with substantial anonymity and would likely not be available to the evaluator unless provided through the process of discovery. Early guidelines for the review of Internet-data in FMHEs have been proposed and support the Internet as a useful source of collateral data in the conduct of forensic evaluations of sexual behavior.
{"title":"How online data informs forensic mental health evaluations of sexual behavior: An overview","authors":"Camille Morgan, Carolina Klein","doi":"10.1002/bsl.2650","DOIUrl":"10.1002/bsl.2650","url":null,"abstract":"<p>The Internet plays a pervasive role in modern life including the expression of human sexuality and sexual offending. A range of online sexual activities may be of interest in forensic mental health evaluations (FMHE), including those which are clearly illegal or those which are legal but functionally problematic. Online sexual offenses will clearly prompt forensic evaluators to consider the role of the Internet in these offending behaviors. The Internet may also be relevant in forensic evaluations of contact sexual offending including informing on history of mixed or cross-over offending, and Internet-facilitated contact offenses. A review of Internet-data may span several online domains, many of which provide the user with substantial anonymity and would likely not be available to the evaluator unless provided through the process of discovery. Early guidelines for the review of Internet-data in FMHEs have been proposed and support the Internet as a useful source of collateral data in the conduct of forensic evaluations of sexual behavior.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 3","pages":"186-204"},"PeriodicalIF":1.4,"publicationDate":"2024-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140066007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Forensic psychiatrists and neuropsychiatrists are likely to encounter individuals with intellectual disability as they are over-represented in the judicial system. These individuals may have the full range of mental illnesses and comorbid conditions, including physical infirmity, sensory deficits, language impairment, and maladaptive behaviors. They are frequently disadvantaged in the judicial system due to lack of comprehension, lack of accommodations, and stigmatization. Decision making capacity may need to be assessed for health care, sexual autonomy, marriage, financial management, making a will, and need for guardianship. The usual approach to conducting an evaluation needs adaptation to fit the unique characteristics and circumstances of the individual with intellectual disability. The forensic consultant can assist attorneys, defendants, and victims in recommending accommodations and the expert witness can provide education to juries.
{"title":"Forensic psychiatric issues in intellectual disability","authors":"Mark J. Hauser, Robert Kohn","doi":"10.1002/bsl.2653","DOIUrl":"10.1002/bsl.2653","url":null,"abstract":"<p>Forensic psychiatrists and neuropsychiatrists are likely to encounter individuals with intellectual disability as they are over-represented in the judicial system. These individuals may have the full range of mental illnesses and comorbid conditions, including physical infirmity, sensory deficits, language impairment, and maladaptive behaviors. They are frequently disadvantaged in the judicial system due to lack of comprehension, lack of accommodations, and stigmatization. Decision making capacity may need to be assessed for health care, sexual autonomy, marriage, financial management, making a will, and need for guardianship. The usual approach to conducting an evaluation needs adaptation to fit the unique characteristics and circumstances of the individual with intellectual disability. The forensic consultant can assist attorneys, defendants, and victims in recommending accommodations and the expert witness can provide education to juries.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 3","pages":"205-220"},"PeriodicalIF":1.4,"publicationDate":"2024-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140066006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Behaviors that would otherwise be considered criminal acts, but occur in the context of a sleep disorder, pose challenges to the traditional application of legal principles of criminal responsibility. Determining the degree to which consciousness is present during such behaviors becomes a necessary step in assigning criminal culpability. Historically, legal defense theories of unconsciousness, automatism, and insanity have been raised to negate culpability for parasomnia related behaviors. Accordingly, proper assessment of sleep disorders in the context of criminal charges becomes critical in assisting the functions of the justice system. This article reviews principles related to the legal tradition, expert assessment, and elements of expert testimony related to criminal behaviors and sleep disorders.
{"title":"Sleep disorders and criminal behavior","authors":"Clarence Watson, Kenneth J. Weiss","doi":"10.1002/bsl.2652","DOIUrl":"10.1002/bsl.2652","url":null,"abstract":"<p>Behaviors that would otherwise be considered criminal acts, but occur in the context of a sleep disorder, pose challenges to the traditional application of legal principles of criminal responsibility. Determining the degree to which consciousness is present during such behaviors becomes a necessary step in assigning criminal culpability. Historically, legal defense theories of unconsciousness, automatism, and insanity have been raised to negate culpability for parasomnia related behaviors. Accordingly, proper assessment of sleep disorders in the context of criminal charges becomes critical in assisting the functions of the justice system. This article reviews principles related to the legal tradition, expert assessment, and elements of expert testimony related to criminal behaviors and sleep disorders.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 3","pages":"176-185"},"PeriodicalIF":1.4,"publicationDate":"2024-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/bsl.2652","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140050740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}