This study analyses how DNA evidence can be distorted by the behaviour of criminal investigators and role-players within the Criminal Justice System (CJS). This has a negative impact on justice resulting in further criminality. The study has resulted in revelatory weaknesses owing to constitutional violations which cause sound evidence to become futile as it will not be admissible in court. Justice is aborted. The researcher has further explained the properties of the pertinent terms, such as: mental illness, psycho-social functioning, DNA, forensic investigator, forensic psychology, and courts. Concepts are building blocks, hermeneutical distortion leads to the frustrating of what justice intends and this, in turn, leads to poor criminal investigation performance. It is submitted that not only ineptness, but also deception possibly evolves from genotypic to phenotypic type which causes unwelcome behaviour within the criminal justice system to surface. The frequency of monitoring psychological behaviour amongst criminal investigations is low, and it, therefore, also contributes to delict and the miscarriage of justice occurs. / Police Practice / M.A. (Criminal Justice)

Nearly 700,000 suspects with mental disorders are arrested and Mirandized each year. The current study systematically examined the effects of cognitive deficits and psychological symptoms on both Miranda comprehension and reasoning. The current sample was comprised of 85 adult psychiatric inpatients recruited from University Behavioral Health (UBH), a private psychiatric hospital in North Texas. Unexpectedly, most inpatients demonstrated pervasive deficits in their immediate recall of a representative Miranda warning, omitting approximately four-fifths of its content. In addition, the majority of inpatients evidenced damaging errors in their reasoning about waiver decisions. As a result, 64.7% waived and subsequently confessed after only a 3-5 minute interrogation. Interestingly, impaired verbal ability but not the severity of their symptoms predicted greater deficits in Miranda comprehension.

Disputes concerning care and contact arrangements for the minor children of divorcing couples present special challenges for professionals in the legal and psychological professions. Care and contact (custody) disputes, which are complex undertakings, are a point of debate in the professional arena in South Africa. Clinical psychologists are often included in the professional cohort that assists the high court, as the upper guardian of minor children, in the decision making process regarding contested care arrangements of children. This field is further challenged by the lack of training programmes and practice guidelines, the intense adversarial nature of disputes and litigation processes, as well as the increase in board complaints levelled against psychologists at the Health Professions Council of South Africa. These challenges contribute to the reluctance of psychologists to become involved in care and contact matters. This study therefore aimed first to explore the current practices and contributions of clinical psychologists in care and contact disputes in South Africa, and second to evaluate the procedures used by clinical psychologists to inform their recommendations to the court. In such matters, clinical psychologists adhere to the best interest of the child (BIC) principle. The final aim of the study was to identify and propose guidelines for a model of better practice. The study was guided by a Constructivist Epistemology and a Social Constructionist paradigmatic framework. A qualitative research approach was employed. Data were collected through face- to-face interviews with clinical psychologists and advocates and were analysed using Thematic Network Analysis of Attride-Stirling. The findings, which indicated that that the practices of psychologists are plenteous, revealed significant shortfalls in current practices. In addition, the findings designated that creating a universal model for care and contact evaluations to fit with the legal professions’ empiricist tendency poses a paradigmatic dilemma and a practical challenge. A position of observer-dependence and a reflective position on the part of the psychologist is instead indicated. / Psychology / Ph. D. (Psychology)

The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.

This dissertation examines different aspects involved in the formation of psychologists’ expert opinion in the Portuguese criminal justice system, more precisely, as this opinion is reflected in assessment reports. The present dissertation is comprised of three qualitative studies, the first sought to provide a general portrait of a sample of 106 forensic psychological reports as to their overall quality as measured in terms of relevance and coherence. Results show that the formal markers of quality are present in the sample analysed, a certain number of weaknesses have been observed, notably concerning the internal coherence of the reports as well as the relevance of the information reported on. The second study explored the opinions of 17 Portuguese judges and state prosecutors concerning the use they make of this type of forensic report. It appears that they consider these reports to be useful and very credible, specially so when they have been produced under the auspices of the National Institute of Legal Medicine and Forensic Sciences, which is the state forensic institution. Furthermore, it appears that judges and prosecutors were particularly interested in data that allowed for a personalised portrait of the assessee. The third study sought to better comprehend the conceptual bases on which psychologists construct their reports. To this end, an exploratory study was undertaken with a sample of key-actors; the analysis of their interviews shows that they define their judicial mandate as well as the basic concepts that are associated to this mandate in different ways. A theoretical framework provided by an implicit theories model was used to help understand these results. / Cette thèse présente trois études qualitatives qui concernent différents aspects de la formulation de l’opinion experte chez des psychologues forensiques, tel que cette opinion se révèle dans leurs rapports d’expertise psycho-légale. La première étude porte sur la qualité d’un vaste échantillon de rapports d’expertise en se concentrant sur des critères de pertinence et de cohérence comme mesures de leur qualité générale. Cette étape a permis de dresser le portrait de 106 rapports forensiques produits au Portugal et d’établir qu’ils rencontrent les critères de qualité formelle établis tout en présentant certaines faiblesses en ce qui concerne la pertinence des informations utilisées et la cohérence interne du rapport La deuxième étude explore les opinions de dix-sept juges et procureurs de la République portugaise et s’interroge plus particulièrement sur leurs perspectives concernant l’utilité ce type de rapports d’experts dans leur travail en cour criminelle. Il appert que ces derniers leur accordent une grande crédibilité en particulier lorsqu’ils ont été produits par les experts de l’Institut portugais de médicine légale et sciences forensiques, l’institution forensique nationale affiliée au Ministère de la Justice. De plus, il se dégage des entretiens que les juges et les procureurs sont particulièrement intéressés par les données qui permettent de dresser un portrait individualisé de la personne évaluée. La troisième étude vise à mieux saisir les bases conceptuelles sur lesquelles les psychologues experts construisent leurs rapports. Pour ce faire, une étude exploratoire auprès d’un échantillon d’acteurs-clés a été menée qui a permis de dégager un certain nombre de constats, notamment que ceux-ci définissent leurs mandats judiciaires ainsi que les concepts fondamentaux qui y sont associés de manière différente. Un cadre théorique basé sur le modèle des théories implicites a été utilisé pour mieux comprendre ces résultats.

With the maturation of the child custody investigative process, the role of investigators and the process of these investigations have come under increasing scrutiny. The investigators are expected to be objective, neutral, and professional while following procedures that conform to model standards. However, this assumption of a lack of bias has been largely overlooked in the literature regarding the investigative process. It is assumed that investigators should self-monitor to ensure that their stance is objective and neutral. Furthermore, this position of neutrality and objectivity is assumed to be intuitive and natural. By using a case study, this thesis investigates and describes the process of a child custody investigation predicated on a constructivist epistemology. It highlights the impossibility of any investigator to be objective and neutral in any investigation automatically, regardless of the procedures and methods employed. The thesis highlights the participant observer status of investigators. An aim of the thesis is thus to sensitise investigators to this inevitable vulnerability with the expectation that such an awareness may allow investigators to establish processes to render investigations consciously more balanced, considered, and transparent. A further aim is to describe a child custody evaluation from an eco-systemic perspective by contextualising the investigation in the larger ecosystem to which it belongs. This description includes the investigation as part of an evolving problem-determined system. An awareness of this wider and evolving context may enable investigators to approximate a position of objectivity and neutrality more effectively. It may also act as an inoculation against the ‘contamination’ of the investigator by the investigative system. With the maturation of the child custody investigative process, the role of investigators and the process of these investigations have come under increasing scrutiny. The investigators are expected to be objective, neutral, and professional while following procedures that conform to model standards. However, this assumption of a lack of bias has been largely overlooked in the literature regarding the investigative process. It is assumed that investigators should self-monitor to ensure that their stance is objective and neutral. Furthermore, this position of neutrality and objectivity is assumed to be intuitive and natural. By using a case study, this thesis investigates and describes the process of a child custody investigation predicated on a constructivist epistemology. It highlights the impossibility of any investigator to be objective and neutral in any investigation automatically, regardless of the procedures and methods employed. The thesis highlights the participant observer status of investigators. An aim of the thesis is thus to sensitise investigators to this inevitable vulnerability with the expectation that such an awareness may allow investigators to establish processes to render investigations consciously more balanced, considered, and transparent. A further aim is to describe a child custody evaluation from an eco-systemic perspective by contextualising the investigation in the larger ecosystem to which it belongs. This description includes the investigation as part of an evolving problem-determined system. An awareness of this wider and evolving context may enable investigators to approximate a position of objectivity and neutrality more effectively. It may also act as an inoculation against the ‘contamination’ of the investigator by the investigative system. xviii In South Africa, we have yet to formulate a document that establishes a model standard of practice or specific, dedicated training in this area. This thesis identifies what could be included in both areas (in addition to the expected protocols and procedures) by describing the investigator’s position as an expert learner, rather than just an ‘expert’. In line with current literature, it highlights the benefits of thinking consciously and in a considered manner. Furthermore, it indicates the benefits of a team approach to investigations, which could be considered an area for further investigation. In South Africa, we have yet to formulate a document that establishes a model standard of practice or specific, dedicated training in this area. This thesis identifies what could be included in both areas (in addition to the expected protocols and procedures) by describing the investigator’s position as an expert learner, rather than just an ‘expert’. In line with current literature, it highlights the benefits of thinking consciously and in a considered manner. Furthermore, it indicates the benefits of a team approach to investigations, which could be considered an area for further investigation. / Psychology / D. Litt. et Phil. ( Psychology)

The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.