Several forensic sciences, especially of the pattern-matching kind, are increasingly seen to lack the scientific foundation needed to justify continuing admission as trial evidence. Indeed, several have been abolished in the recent past. A likely next candidate for elimination is bitemark identification. A number of DNA exonerations have occurred in recent years for individuals convicted based on erroneous bitemark identifications. Intense scientific and legal scrutiny has resulted. An important National Academies review found little scientific support for the field. The Texas Forensic Science Commission recently recommended a moratorium on the admission of bitemark expert testimony. The California Supreme Court has a case before it that could start a national dismantling of forensic odontology. This article describes the (legal) basis for the rise of bitemark identification and the (scientific) basis for its impending fall. The article explains the general logic of forensic identification, the claims of bitemark identification, and reviews relevant empirical research on bitemark identification-highlighting both the lack of research and the lack of support provided by what research does exist. The rise and possible fall of bitemark identification evidence has broader implications-highlighting the weak scientific culture of forensic science and the law's difficulty in evaluating and responding to unreliable and unscientific evidence.

This thesis explores the extent to which forensic archaeology and forensic anthropology are utilised within Great Britain and to what extent they aid, or do not aid, medico-legal investigation of death. Chapter One introduces the topic and considers the need for an exploration of these issues. In Chapter Two, the differences between the American and British situations are examined and an explanation for the differences proposed, based on the development of the academic ‘parent’ disciplines during the last century. Chapter Three explores issues around accreditation and registration in the UK. The role of the courts in maintaining standards of expert evidence is examined. National and European schemes are considered. After considering the practitioners in this way, Chapter Four looks at the methods, and how the practitioners’ experience informs their choice of method. One specific topic for each discipline is discussed in depth and the complexity of choice illustrated. The difficulty in assessing the full scope for use of forensic archaeology and forensic anthropology are detailed in Chapter Five, with the marked lack of available research data. The problems inherent in media-derived data are considered. The scope for use of the two disciplines is discussed and illustrated with examples from the Media Derived Case List In Chapter Six, a complex multiple-burial multiple-murder case is discussed; and interviews across one police force area are discussed. These illustrate the use and usefulness of forensic archaeology in practice. Conclusions are drawn in Chapter Seven, and radical recommendations are made.

This study explored the question whether forensic social work meets the requirements set by the South African Council for Social Service Professions (SACSSP) for registration as a specialist field. The requirements are as follows: • It should be an identifiable and definable field in social work. • It should not be a form of intervention. • It should include a distinctive field of social work and not be shared with other professions. • It requires specialized knowledge, skills and experience from the social worker. It has been concluded that forensic social work does indeed meet the requirements for registration and it is recommended that it be registered as such. / Thesis (M.A. (MW Forensic))--North-West University, Potchefstroom Campus, 2009.

This study explored the question whether forensic social work meets the requirements set by the South African Council for Social Service Professions (SACSSP) for registration as a specialist field. The requirements are as follows: • It should be an identifiable and definable field in social work. • It should not be a form of intervention. • It should include a distinctive field of social work and not be shared with other professions. • It requires specialized knowledge, skills and experience from the social worker. It has been concluded that forensic social work does indeed meet the requirements for registration and it is recommended that it be registered as such. / Thesis (M.A. (MW Forensic))--North-West University, Potchefstroom Campus, 2009.

Thesis (M. A.)--Roger Williams University, 2008. / Title from title page screen (viewed on Oct. 29, 2008) Includes bibliographical references. 1 print copy is also available in university archives.

The problems of judicial expertise in criminal proceedings Abstract Contemporary criminal proceedings are highly dependable on judicial expertise and in number of cases we encounter a situation where the determination of the facts is based on the expert evidence. However, judicial expertise is linked to a number of issues which damage the reputation of the field which is then considered to be untrustworthy by the general public. This paper is divided into 5 separate chapters dissecting the most commonly criticised practices by the general public. At first the issue of relegating responsibilities from the judge to the judicial experts is analysed. The author believes that there are two root causes to the problem, one being the factual accuracy of the provided expert evidence and the other being the unnecessary utilization of judicial experts. The aforementioned relegation of responsibilities places power in the hands of the experts whose work seldom meet the appropriate quality given the increased level of responsibility. Therefore the author further focuses on the problems with the quality of the expert evidence as well as examining the warranties provided by the current legislation and the shortcomings of this legislation along with the changes of it that are coming into effect as of 1 January 2021. The...

Subjective information is a valuable resource; however, decisionmakers often ignore it because of difficulties in eliciting it from assessors. This thesis is on Bayesian inquiry and it presents an approach to eliciting subjective information from assessors. Based on the concepts of cascaded inference and Bayesian statistics, the approach is designed to reveal to the decision-maker the way in which the assessor considers his options and the reasons he has for selecting particular alternatives. Unlike previous works on cascaded inferences, the approach here focuses on incoherency. Specifically, it employs the use of additional information to revise and check the estimates. The reassessment may be done directly or indirectly. The indirect procedure uses a second order probability or type II distribution. An algorithm utilizing this approach is also presented. The methodology is applicable to any number of assessors. Procedures for aggregating and deriving surrogate distributions are also proposed.

Made available in DSpace on 2016-08-10T10:38:31Z (GMT). No. of bitstreams: 1 PATRICIA BONILHA DE TOLEDO PIZA.pdf: 970259 bytes, checksum: e296c4994d48ecfafd048f3cc57617e4 (MD5) Previous issue date: 2012-08-31 / In Brazil sexual violence is a crime. Rape and vulnerable rape are heinous crimes. It is estimated that only 10% of rapes are recorded and the SENASP point 42.946 police incidents in 2010. Most victims are women aged below 14 years. The absence of expert evidence difficult the sentencing of the offender. In victim, exams corpus delicti of carnal knowledge and research of semen when positive do not identify the perpetrator and negativity is not a factor of no sexual assault. Genetic analysis by PCR-STR and Y identifies the presence of male DNA and the genetic profile of the perpetrator. This paper aims to analyze samples for traces of sex crimes to obtain molecular profiles of Y-STR. We selected 19 cases of sex crimes with no suspect, totaling 20 female victims aged 11 months to 81 years, which resulted in 48 samples questioned, of which 44 were subjected to differential extraction and 4 to organic extraction, totaling 92 products extraction (44 SF, 44 NSF and 4 Organic). The DNA quantitation by real-time PCR detected the presence of male DNA in 62% of the samples. Of these, 21 samples were selected and standardized to a concentration of Y-DNA 0.1 ng to 1.25 ng / PCR reaction for Y-STR. Amplification was performed for 17 joint multiplex Y-STR markers and electrophoresis capillary was preceded in genetic analyzer and the results were analyzed by programs. Of the 21 samples amplified, 12 had results for Y-STR and their haplotype been classified as full (Y-STR 17), minimum (11 Y-STR) and incomplete (absence of one or more of the Y-STR minimum haplotype) resulting 10 minimal haplotypes and complete and 02 incomplete. After comparing the minimum haplotypes and complete intra case and between their criminal cases, it was evident that the sexual assaults were committed in each case, by a single assailant, not featuring serial crimes. It is easy to recognize the importance that the Y-STR haplotype analysis assumes the sexual crimes as expert evidence, especially when it becomes the only genetic information of the offender being questioned samples obtained. The results presented in this study demonstrate the importance of being analyzed the largest number of polymorphic markers Y-STR haplotype to compose an informative, giving preference to multiplex sets that amplify multiple loci simultaneously, including polymorphic markers with products up to 200 base pairs. / No Brasil a violência sexual é crime. O estupro e o estupro de vulnerável são crimes hediondos. Estima-se que apenas 10% dos estupros são registrados e dados da SENASP apontam 42.946 ocorrências policiais em 2010. A maioria das vítimas é do sexo feminino com idade abaixo de 14 anos. A ausência de prova pericial dificulta a condenação do agressor. Na vítima, os exames de corpo de delito de conjunção carnal e pesquisa de sêmen quando positivos não identificam o agressor e a negatividade não é fator de inexistência de agressão sexual. A análise genética, através da PCR e Y-STR permite identificar a presença de DNA masculino e o perfil genético do agressor. Este trabalho objetiva analisar amostras de vestígios de crimes sexuais para a obtenção de perfis moleculares de Y-STR. Foram selecionados 19 casos de crimes sexuais com ausência de suspeito, totalizando 20 vítimas do sexo feminino com idade entre 11 meses a 81 anos, que resultaram em 48 amostras questionadas, das quais 44 foram submetidas à extração diferencial e 4 à extração orgânica, totalizando 92 produtos de extração (44 FE, 44 FNE e 4 Orgânica). A quantificação de DNA pela PCR em tempo real detectou a presença de DNA masculino em 62% das amostras extraídas. Destas, 21 amostras foram selecionadas e normalizadas a uma concentração de Y-DNA entre 0,1 ng a 1,25 ng/reação de PCR para Y-STR. A amplificação foi realizada com conjunto multiplex para 17 marcadores Y-STR e a eletroforese capilar foi procedida em analisador genético; os resultados foram analisados por programas específicos. Das 21 amostras amplificadas, 12 apresentaram resultados para Y-STR e seus haplótipos foram classificados como completo (17 Y-STR), mínimo (11 Y-STR) e incompleto (ausência de 1 ou mais Y-STR do haplótipo mínimo), resultando em 10 haplótipos mínimos e completos e 02 incompletos. Após confrontar os haplótipos mínimos e completos intra caso e entre os respectivos casos criminais, ficou evidenciado que as agressões sexuais foram cometidas, em cada caso, por um único agressor, não caracterizando crimes em série. É de facil reconhecimento a importância que o haplótipo de Y-STR assume nas análises de crimes sexuais como prova pericial, principalmente quando este se torna a única informação genética do agressor a ser obtida de amostras questionadas. Os resultados apresentados neste estudo demonstraram a importância de serem analisados o maior número de marcadores polimórficos Y-STR para compor um haplótipo informativo, dando-se preferência a conjuntos multiplex que amplificam simultaneamente vários loci, incluindo marcadores polimórficos com produtos de até 200 pares de bases.

A propriedade intelectual tem merecido destaque nas discussões atuais, trazendo à reflexão as considerações sobre o que efetivamente pode-se considerar propriedade intelectual e científica, pelo destacado valor que se dá ao texto como registro de idéias e de organização do pensamento, bem como meio de difusão dos saberes produzido. O que aqui se propõe é refletir, com base na legislação brasileira, sobre o que efetivamente pode-se considerar como resultado do esforço intelectual de um pesquisador ou produtor, na área da ciência, mais precisamente no âmbito da Odontologia e o que constitui dados do paciente. O prontuário odontológico tem o domínio pertencente ao paciente, como estabelece o Código de Ética Odontológica (2013). No entanto, por expressar o conhecimento do profissional, suas conclusões, e meio de prova em eventuais demandas judiciais, esse registro é fundamental para a construção de um diálogo entre os diversos produtores do conhecimento e seus destinatários. Por ter uma função social, como preconizado pela Constituição Federal do Brasil, é preciso que a Sociedade tenha acesso às descobertas científicas e à produção dos Cirurgiões-Dentistas, sem que suas idéias permaneçam trancadas em arquivos. Exige-se, na atualidade, que seja destacada a parte que compõe o registro de dados pessoais do paciente, e aquilo que é registro do profissional e construção intelectual deste, evitando-se assim que a criação e produção intelectiva do profissional estejam na propriedade de outrem e não do seu criador. / Intellectual property has been featured in the current discussions, bringing to reflection about what considerations effectively can be considered scientific and intellectual property, by the highlighted value that gives the text as a record of ideas and organization of thought as well as a means of disseminating the knowledge produced. What is proposed here is to reflect, on the basis of the Brazilian legislation, about what actually can be considered as a result of intellectual effort of a researcher or producer, in the area of science, more precisely in the context of dentistry and what constitutes patient data. However, by expressing the professional knowledge, their conclusions and evidence in any litigation, this record is fundamental to the construction of a dialogue between the various producers of knowledge and their recipients. To have a social function, as advocated by the Federal Constitution of Brazil, the society has access to scientific discoveries and the production of dentists, without which his ideas remain locked in archives. If required, at the present time, which highlighted the part that composes the personal data of the patient record, and that record of professional and intellectual construction of this to avoid that the creation and production of intellective property of others are professional and not its creator.

Over the last several decades, multiple schools of thought have emerged regarding what impacts judicial decision making. In contrast to the classic legal model, studies have argued alternatively that judges are policy actors who rule consistent with their political attitudes; that behavioral traits such as race, gender and socialization influence judicial conduct, both consciously and unconsciously; that whatever policy interests judges may have, these are moderated by institutional constraints and strategic considerations; and that judges are subject to some common cognitive shortcuts in decision making, although they may be moderated or present differently than in the general population in light of their training and experience. Most of these studies, particularly in political science, have tended to focus on Supreme Court or appellate decisions on politically salient subject matter such as the scope of the Fourth Amendment or racial discrimination. The cognitive studies, by comparison, have primarily used experimental conduct, often with artificially extreme variations between legal and factual issues to assess the impact of legal training. Other than field review articles, most have focused on a single potential explanatory variable such as ideology, gender or legal training. To date, there has been very limited study of the more routine tasks judges engage in at the trial court level such as pre-trial evidentiary rulings or comparative assessments of the relative explanatory power of factors drawn from multiple approaches to decision making. The present study involved both a qualitative and quantitative assessment of Federal district court decisions on the admissibility of expert witnesses. Employing thematic analysis of all cases involving a substantive analysis of this issue from 2010-2015 in nine district courts, a default pattern emerged that judges are reluctant to exclude experts except in extreme cases. Moreover, judges appear to have adopted several practices consistent with minimizing the cognitive burden of decision making. These findings suggest that judges are acting consistently with legal norms and the broad outlines of legal precedent, but in a manner which may lead to sub-optimal outcomes in some circumstances. Quantitative analysis of the same data suggests that judges are subject to a variety of significant influences including legal precepts, political ideology and cognitive heuristics in different settings. Moreover, the influence of issues such as ideology appear to be associated with some courts and not others, with circuit level precedent being the most obvious intervening factor to explain the difference. The circuit level impacts on behavior and several other findings in this study suggest that much more nuance is present than is normally acknowledged in the study of judicial decision making. The results of this study also suggest policy makers should account for cognitive tendencies in crafting legal standards and precedents as well as legal education. Finally, it posits that practitioners can maximize their odds of success on motions to exclude expert witnesses through similar awareness of what influences judicial conduct, especially but not limited to cognitive limitations in rendering judgments under time constraints and conditions of uncertainty.