Jurisprudence Section - 2015

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Social Dangerousness, Criminal Law, Neuroscience .... can be found between the accusation of personal injuries and attempted murder ...... Attorneys, judges, and jurors approach cases via their personal CPS. ... Boca Raton, FL: CRC Press.

Jurisprudence Section - 2015 F1

A Study of More Than 400 Case Reports Between 2009 and 2014, Completed in the Venice Surveillance Court to Understand, Evaluate, and Investigate the Social Hazards on the Judicial Level of Subjects Convicted of a Crime

Vincenzo Lusa, JD*, Via Ferdinando, Palasciano #72, Rome 00151, ITALY; Patrizia Trapella, JD*, via Cavour 24, Rovigo, ITALY; Luca Massaro, MD*, via degli Artigiani n° 4 ESTE (PD), Este (PD) 35042, ITALY; and Sara Raponi*, Via Mario Fioretti 18, Rome 00152, ITALY social danger from a criminal (Article 203 of the Italian Penal Code: a dangerous person is one who, even if healthy or incompetent, has

understand, assess, and contain the danger presented by the offender. From this study arises a new vision of social danger determined by a new protocol on the individual criminal by combining the results obtained on the progress of neurosciences with the personalities, the environment, and the history of the offender through the on requests for alternative punishments to prison such as home detention, early release, and provisional custody to social services. It the personality of the suspect. In this study, the alternative punishment requests have been correlated (probation with the social service, foreign nationalities. The average age is between 30 and 65 years old.

led to the understanding that there is a relationship between genetics and crimes through the examination of some neurotransmitters such penalty in two trials in Italy.1 these alleles (including allele-s) determine a lower capacity for adaptation and therefore generate aggressive behavior. In addition of the offender as a result of temperament (hereditary biological matrix) and the environment where the criminal lives or has lived (including social and family environments) and this is judged by an Italian judge. Another criteria concerns the biology and structure of

Reference: 1. Trial of Corte d’assise di appello di Trieste n. 5/2009 and Trial of Como, GIP, date 05.20. 2011. Social Dangerousness, Criminal Law, Neuroscience

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Jurisprudence Section - 2015

Insights on the 180th Anniversary of His Birth: This Scientist’s Ideas Representing Italian Penal Code Vincenzo Lusa, JD*, Via Ferdinando, Palasciano #72, Rome 00151, ITALY; and Annarita Franza, PhD, Via delle Oche 15, Florence, ITALY 1930) related to a criminal’s personality, which originated from the Italian Positivist School (19th century) and from the ideas of Cesare Lombroso (1835-1909). This presentation will impact the forensic science community by acquainting attendees with the introduction of Lombroso’s insights into modern Italian criminal trials, which have led to the development of criminal jurisprudence related to neuroscience (e.g., the Bayout trial in Italy, 2010).

and the formulation of an experimental research method in which criminal cases were included. For many years, Lombroso conducted research on the existence of somatic and cerebral brain abnormalities among criminals and the insane (Some Cases of Lesions of the

by combining therapy with penal sanctions (e.g., Article 203, Italian Criminal Code). Current research into the biological causes of crime has revealed such important legal and criminological aspects as genetics during trials and what is intended as a neurobiological explanation of criminal behavior. In fact, neuroimaging and brain imaging analyses Positron Emission Tomography behavior, leaving them unable to feel emotions and empathy, calling to mind Lombroso’s morally insane. In fact, the necessity of

of new alleles. The offender’s personality should also be added to these concepts. In fact, the offender’s environment gives rise to his regards the environmental impact on one’s body, epigenetics, which associates genes and environment, also regulates gene expression genetics, the study of some alleles has enabled an understanding of the relationship between genetics and crime through the examination

therefore generating aggressive behavior. tendencies to commit a crime (art. 108), criminal recidivism (art. 99), and the habitual criminal offender (art. 102). Italian trial case reports related to Lombroso’s observations have been used to illustrate all of this (Bayout trial in 2009, Albertani trial in 2011, and the Cremona trial in 2012). Cesare Lombroso, Neurosciences, Criminal Law Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 667

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Jurisprudence Section - 2015 F3

Can Parents Inherit the Sperm of the Deceased Son? Presentation of an Italian Case and Review of the European Legislation in the Field of Postmortem Fecundation

Simona Napoletano, MD*, Viale Regina Elena 336, Rome, ITALY; Mariantonia Di Sanzo, Viale Regina Elena 336, Rome, ITALY; Francesco P. Busardo, MD, via del vespro, 129, Palermo, ITALY; Enrico Marinelli, PhD, viale Regina Elena, 336, Roma, ITALY; and Simona Zaami, PhD, viale Regina Elena, 336, Rome 00161, ITALY

This presentation will impact the forensic science community by providing the current legal status of sperm and its right to be inherited by relatives in the case of a donor’s death. Introduction:

The Case: Prior to undergoing chemotherapy, a 20-year-old man affected by a lymphoma decided to preserve his gametes for party may have his gametes returned and the right to restitution is not transmissible to heirs because the ownership of gametes is a personal non-transferable right. The parents therefore decided to pursue litigation. In January of 2012, the Ordinance of the Court of Rome decreed that the only limitation, which may arise in the recognition of the applicant’s right to succeed their son in collecting the

ordinance, stating that the right of restitution has to be independent from a possible illegal use, which will be banned only if it will occur.

Discussion and Conclusions: This case is an example of how, in Italy, the use of biological material intended for the use of

few countries allow this practice for purposes of procreation, with different degrees of freedom (Belgium, Greece, Spain, and United Kingdom), whereas in the majority of the remaining European Union members, this practice is either strictly prohibited or, alternatively, Postmortem Fecundation, Donor’s Death, European Legislation

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Jurisprudence Section - 2015 F4

Moderate Force Blunt Trauma to the Head Leading to Coma: The Role of the Medicolegal Expert in the Assessment of Attempted Murder Charges

Sara Hemied, MD, Viale Regina Elena 336, Rome 00161, ITALY; Alessandro di Luca, MD*, Viale Regina Elena, 336, Rome 00161, ITALY; Giorgia Ciancolini, via ex ospedale n. 10, Ronciglione (VT), ITALY; Irene Catarinozzi, MD, Viale Regina Elena 336, Rome 00161, ITALY; and Natale Mario di Luca, MD, Viale Regina Elena 336, Rome 00161, ITALY use of force by the accused and serious life-threatening consequences for the victim. forensic expert is crucial in establishing the nature of the prosecution. In both civil and common law, a profound difference can be found between the accusation of personal injuries and attempted murder basis of the fact analysis and the injuries sustained by the victim, he is called to express an opinion about the exact charge, of the accused on behalf of the court. reasons by four men of the same age. The victim received several blows to the face with a scooter helmet. When the man reached the reported that he had experienced several episodes of headache and vertigo in the days prior to the assault. A magnetic resonance imaging Guidelines indicate that surgery resection should be performed on such neo-formation, yet the rupture of the capillary vessels of the tumor itself constitute an impassable contraindication. The man was treated with a decompressing craniotomy as a consequence of the massive bleeding and compression. The patient fell into a coma and six months later was declared to be in a persistent vegetative state. As shown by the facts, a modest series of blows (although delivered with an improvised weapon) caused the victim to fall in a serious marginally important fractures, yet the hemorrhage caused by the rupture of the oligodendroglioma capillary vessels led to the coma. In this case, the medicolegal experts informed the judge that the assailants were to be charged with attempted murder. Even though the decline in his chances of healing. Attempted Murder, Oligodendroglioma, Legal Medicine

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Jurisprudence Section - 2015 F5

The Long Road to Exoneration for Han Tak Lee

appears to have shifted.

and 12.2 pounds of gasoline, even though none of the debris samples were positive for any ignitable liquid residue.

not smart enough to do that.

Circuit Court of Appeals ruled that the evidence must be given up for reanalysis. It turns out that the chromatography, which could differences among the three samples and undermined the argument that somebody had mixed up several gallons of accelerant prior to

that defy understanding.

Arson Mythology, Expert Errors, New Science

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Jurisprudence Section - 2015 F6

Misinterpretation of Common Fire Behaviors and Its Effect on Criminal and Civil Litigation

Steven W. Carman, MS*, Carman & Associates Fire Investigation, Inc, PO Box 273, Grass Valley, CA 95945 The goals of this presentation are to: (1) increase awareness of the propensity for misinterpretation of the effects of commonly

1,2

Guidance from documents such as the National Fire Protection 3

Interim developments in

4

In similar exercises conducted over the previous 16 years at the Federal Law Enforcement Training Center in Georgia, only 8%being misled by burn patterns generated during full involvement under ventilation-limited conditions. This was despite such conditions

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generated well apart from the origin and misinterpreted as being the actual origin. Techniques such as computer modeling are available to test hypotheses but their use remains limited.6-8

determinations behind convictions that were later overturned will also be reviewed.

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Jurisprudence Section - 2015 References: Criminal Justice

1.

No. 1, Spring 2012 Texas Bar Journal, July 2011,

2.

3.

Proceedings of the International

4.

Symposium on Fire Investigation Science and Technology 5.

Proceedings of Fire and Materials,

6.

San Francisco, California, January 2011, Interscience Communications, London, UK Proceedings of Fire and Materials,

7.

January 2013, San Francisco, California Proceedings of DRI’s “Fire Science and Litigation”

8.

Conference Ventilation-Limited Fires, Fire Patterns, Origin Determinations

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Jurisprudence Section - 2015 F7

A Perfect Storm Brewing for Fire Investigators in Court

Terry-Dawn Hewitt, LLM*, McKenna Hewitt, 9057 E Mississippi Avenue, #11-206, Denver, CO 80247; and Wayne J. McKenna, LLB, McKenna Hewitt, 9057 E Mississippi Avenue, #11-206, Denver, CO 80247

reinvigoration of challenges based on the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals Inc. (or state equivalents), This presentation will impact the forensic science community by providing information relevant to anyone involved with civil or such as the National Fire Protection Association (NFPA) 921 are used in court to either support or challenge expert testimony. This

factors. Daubert the revolutionary 2009 NAS Report, Strengthening Forensic Science in the United States: A Path Forward and NFPA 921, Guide for Fire and Explosion Investigations. court under Daubert investigations and the response by various sectors of American society to address these problems will be considered. The responses have

Finally, this presentation will address the heart of this study’s hypothesis and describe how these three forces are converging and causing a reinvigoration of Daubert. First to be considered is why Daubert of the perfect storm, even though investigators have had two decades to learn how to deal with Daubert challenges. The reasons why Daubert storm, but need to prepare for the next onslaught will be proposed. Further, an explanation of how the NAS Report and other forensic science reports are increasing pressure on investigators, thereby strengthening the potential of reliability inquiries under Daubert and its progeny will be presented. The session will conclude with recommendations NFPA 921, NAS Report, Daubert

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Jurisprudence Section - 2015 F8

Next-Gen Is Now: Legal Implications and Strategic Preparation for Massively Parallel DNA Sequencing in Forensic Science

Ted R. Hunt, JD*, Jackson County Courthouse, 415 E 12th Street, Fl 7M, Kansas City, MO 64106 After attending this presentation, attendees will understand the critical importance of multidisciplinary collaboration for the technologies. This presentation will impact the forensic science community by explaining the legal and strategic challenges, opportunities, and potential threats to the forensic application of this cutting-edge technology and how these factors can be most effectively addressed through a coordinated interdisciplinary approach. evidence. This is because the technology has the capability to reveal an extraordinary constellation of genetic information about not only identity, but also the phenotypic characteristics, ancestry, lineage, and genetic predispositions of those associated with a criminal for fragment length-based detection methods. It is precisely because of now, before critical From a legal perspective, statutory schemes that address constitutional concerns about law enforcement’s collection, detection, retention, and comparison of sensitive genetic information must be drafted, debated, and enacted. This legislation must be adequate to

the unique capabilities and concerns relevant to next generation sequencing technologies. be considered and revised, as appropriate, to adequately address heightened ethical and privacy concerns applicable to this sensitive data.

currently begin to systematically identify and document those

Restriction Fragment Length Polymorphism (RFLP) testing or wait for emerging Polymerase Chain Reaction (PCR) technologies.

Massively Parallel Sequencing, Legal Implications, Strategic Preparation

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Jurisprudence Section - 2015 F9

The National Commission on Forensic Science: Status Update

Nelson Santos, MPA*, 700 Army Navy Drive, Arlington, VA 22202; and John M. Butler, PhD*, NIST, 100 Bureau Drive, MS 4701, Gaithersburg, MD 20899 After attending this presentation, attendees will better understand the activities of the National Commission on Forensic Science during the past year. This presentation will impact the forensic science community by providing an update on the progress made by the National

2009 National Academy of Sciences (NAS) Report entitled, Strengthening Forensic Science in the United States: A Path Forward. In

Register to obtain national and international input on the establishment and structure of governance models. Eighty-two submissions were received in response to the NOI. The OSAC is designed to provide uniform administration for development, promulgation, and adoption of documentary standards in the forensic science community. through developing documentary standards that can be used by accrediting bodies in future audits of forensic laboratories. This presentation will review progress made with NCFS. OSAC progress will be the subject of a separate presentation. National Commission, NAS Report, Federal Advisory Committee

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Jurisprudence Section - 2015 F10

Leading a Horse to Water and Trying to Make Him Think: The Impact of the 2009 National Academy of Sciences Report (NAS) Report, Strengthening Forensic Sciences in the United States: A Path Forward on America’s Courts

Pamela A.W. King, JD*, 400 S Broadway, Ste 15, Rochester, MN 55904; and Christine Funk, JD, Department of Forensic Sciences, 401 E Street, SW, Washington, DC 20024 After attending this presentation, attendees will understand how the 2009 National Academy of Sciences (NAS) Report, Strengthening Forensic Science in the United States: A Path Forward has been received by the judiciary and has impacted the court system. This presentation will impact the forensic science community by focusing on how cases around the country have addressed the NAS Report. It will describe how, in large part, the judiciary has found evidence to be admissible despite the concerns raised. This presentation will explore why the judiciary has been resistant to considering issues highlighted by the Report and why a more deliberate In February 2009, when the Committee on Identifying the Needs of the Forensic Science Community issued their report, Strengthening Forensic Science in the United States: A Path Forward of certain forensic disciplines, resulting in speculation about what impact this would have on forensic and legal communities. 1 Recommendations 2

3 and practice, has serious problems that can only be addressed by a national commitment to overhaul the current structure that supports warranted.4

assistance of counsel and newly discovered evidence. opinions tend to be cursory. Forensic evidence has rarely been deemed inadmissible. Courts have been reticent to engage in careful required to insure the integrity of the system. The changes the courts have made are usually in the form of limitations on the scope of expert testimony. The court system has an important role, assuring the reliability and integrity of forensic science used in criminal cases that leads to the conviction of the guilty and the exoneration of the innocent. That is why the issues raised by the NAS affect the entire forensic family: defense attorneys, prosecutors, judges, and practicing scientists.

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Jurisprudence Section - 2015 References: 1. National Research Council, Strengthening Forensic Science in the United States: A Path Forward, at P-1 (National Academies Press 2009) (hereinafter, NAS Report). 2. L.A. Times, February 19, 2009. 3. The Need to Strengthen Forensic Sciences in the United States: The National Academy of Science’s Report on a Path Forward, 4. 5.

NAS, Court, Evidence

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Jurisprudence Section - 2015 F11

Forensic Science Leaders on the Path Forward

Sarah Chu, MS*, 40 Worth Street, Ste 701, New York, NY 10075 After attending this presentation, attendees will understand the various efforts advanced by the forensic science community and supported by the Innocence Project that can be implemented by laboratories to advance forensic science. This presentation will impact the forensic science community by identifying and sharing model efforts that forensic science leaders have implemented in their laboratories. In 2009, the National Academy of Sciences published an authoritative Report on the state of forensic science in the United States. The forensic science community advocated for this Report and leaders within the community began to advance policies and strategies to improve forensic science even before the publication of the Report. While members of this community may disagree on aspects of this Report entitled, Strengthening Forensic Science in the United States: A Path Forward, the Report has served to broaden the national In the six years since the release of the NAS Report, a number of developments have been driven by its release. Eight hearings in the Science and Judiciary Committees of both houses spurred discussions that have resulted in the introduction of three bills in the 113th the creation of a National Commission on Forensic Science (NCFS) and a forensic science standards setting infrastructure now named

was anticipated to begin before the end of 2014.

are those that focus on quality assurance and quality control, processes to address cognitive bias, and improvements to transparency. in the absence of national standards and policy recommendations from the NCFS. Among the efforts that may be highlighted are the implementation of root cause analyses, comprehensive reporting, and transparency measures. These accomplishments are notable in them for the road ahead. Policy, Laboratory Quality, NAS Report

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Jurisprudence Section - 2015

Committees (OSAC) Activities COULD Impact the Courtroom… 8102, Gaithersburg, MD 20899-8102 After attending this presentation, attendees will understand how the efforts of more than 600 subject-matter experts (volunteers) and testimony in forensic science. This presentation will impact the forensic science community by educating attendees on the processes employed by the OSAC to identify, foster the development of, and formally approve forensic science standards through publication on the OSAC Registration of Approved Standards and Registry of Approved Guidelines. These standards development efforts will ultimately affect methods employed in forensic science laboratories, standards used during the accreditation process, report writing, and testimony offered by experts. of some of the reforms anticipated in the 2009 National Academy of Sciences (NAS) Report, Strengthening Forensic Science in the United States: A Path Forward. In response to the Report, the National Institute of Standards and Technology (NIST) and the United Committees (OSAC) model to promulgate NIST’s responsibility to administer and coordinate support for the SACs and subcommittees The consensus-based documentary standards and guidelines approved for posting on the OSAC Registry of Approved Standards

The OSAC design employs the essential requirements of developing consensus-based standards which include openness, and increase communication among forensic scientists, research scientists, academicians, statisticians, attorneys, managers, and quality

Standards, OSAC, Testimony

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Jurisprudence Section - 2015 F13

Strawberry Fields Forever: How a 73-Year-Old Birdwatcher Helped Nab a Sexual Predator in Central Park

viciously sexually assaulted by this same man as punishment for her actions.

picture of his face, in case he caused trouble.

found the stolen camera, computer forensics experts were able to recover Beth’s photos, which she had downloaded, but deleted, two

woman.

Sexual Predator, Photographs, New York City

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Jurisprudence Section - 2015 F14

Mental Maps: Why You Should Worry

Katherine Ramsland, PhD*, DeSales University, 2755 Station Avenue, Center Valley, PA 18034

This presentation will impact the forensic science community by illustrating the need to be educated about mental defaults that

All interpretations and subsequent decisions are made within this frame. Everyone prefers familiarity, simplicity, and closure, and their For example, in an experiment, 50 homicide investigators and 68 undergraduates were given evidence from a homicide case and only if it aligned with their initial hypothesis.1

and limited experience or education.

These constructs feed into mental maps.2 throughout their personal interpretations.

3

feels right is not necessarily right. Gut instinct can become a threshold diagnosis that averts a full analysis. People tend to see what they expect to see, and their recall is usually more consistent with personal beliefs and feelings than with facts, especially as it supports a intuitive hypothesis. Contradictory information is generally ignored. Sometimes, it is not even perceived.4 In sum: Research in cognitive psychology shows that certain types of mental maps present a persistent challenge for those involved 5

Attorneys, judges, and jurors approach cases via their personal CPS. This presentation will identify common cognitive biases and offer 6

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Jurisprudence Section - 2015 References: 1.

2.

1059-1074. 3. 4.

Breitmeyer, B. (2010). Blindspots: The many ways we cannot see. Oxford, UK: Oxford University Press.

5.

Failures (pp. 9-21). Boca Raton, FL: CRC Press. 6.

Mental Maps, Threshold Diagnosis, Cognitive Bias

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Jurisprudence Section - 2015 F15

Three Shots to the Head: A Case Study of a Murder Prosecution in Indiana

Christine Haskell, JD*, 128 N Cullen Street, Rensselaer, IN 47978 at a murder scene and the importance of the forensic evidence used by the prosecutor in the eventual prosecution against the accused. This presentation will impact the forensic science community by providing a case example of the importance of collecting

understanding of the science in order to comprehend the implications of the forensic scientists’ conclusions. The primary goal of this presentation is to present a case study of a homicide prosecution in a rural county in Indiana. In this

technician and began processing the scene as a homicide. Emphasis was placed on how the body was positioned when the sister and the

was performed and it was concluded that the victim had been shot in the head three times. In addition, toxicology results revealed the

however, based on the conclusions derived from the toxicology results, the blood spatter patterns, and the operating mechanism of the With the corroborating forensic evidence from several forensic science disciplines, the prosecution was able to refute the claim of self-defense, which resulted in the accused pleading guilty to the murder. Criminal Justice, Evidence Collection, Case Study

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Jurisprudence Section - 2015 F16

How an Innocent Person’s DNA Turned Up at a Murder Scene: Case Study of Lukis Anderson

and how inadvertent transfer relates to criminal cases. The goal of this presentation is to review a case in which inadvertent, secondary

and false imprisonment.

until the next morning at 9:50 a.m., well after the crime was committed. Based on the presentation of hospital records and defense interviews of pertinent witnesses, the prosecution dismissed all charges

of capital murder. This presentation will be an opportunity to learn and discuss the far-reaching implications of inadvertent transfer of DNA, Inadvertent Transfer, Bias

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Jurisprudence Section - 2015 F17

Crime Scene Investigator: Assessment of Expert Credentials

This presentation will impact the forensic science community by highlighting the many facets considered when identifying the

a representation of events and circumstances about the crime. The information, physical evidence, and data obtained from a successful crime scene investigation provide the preliminary basis for any subsequent forensic investigations, testing, and analysis. Essentially,

Job descriptions from various regions of the United States represent a disparity in the requirements sought to perform the duties

Crime Scene Investigator, Expert Witness, Expert Credentials

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Jurisprudence Section - 2015 F18

Root Cause Analysis for Attorneys: Why? Why? Why? Why? Why?

Max M. Houck, PhD*, Consolidated Forensic Laboratory, 401 E Street, SW, Washington, DC 20024 After attending this presentation, attendees will understand the basics of root cause analysis as a tool for exploring potential failures of forensic service providers.

inquires in a structured, focused manner. typically a fault, problem, or — in this case — a non-conformity in a quality system. Once a root cause is removed from the sequence, the non-conformity should be prevented from happening again.1 RCA assumes that systems and events are related. An action in one

RCA is an iterative process.2 3 4

more gas. stated problem to the root cause. The remediation may be that a reminder is set in a calendar function to inform an employee when more gas

A cause never stands alone other instances of the event may have occurred and the root cause may be more widespread and disruptive than initially assumed. References: 1. Out of the Crisis 2. Shewhart, W. Economic Control of Quality of Manufactured Product 3. Ohno, T. Workplace Management 4. Harvard Business Review, 2007: 85 (11): 68-76. Root Cause Analysis, Quality, Forensic Failures

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Jurisprudence Section - 2015 F19

LEGLER: LEGal Linguistic Evidence Rulings and Forensic Linguistic Evidence

Carole E. Chaski, PhD*, ALIAS Technology, LLC, Institute for Linguistic Evidence, 25100 Trinity Drive, Georgetown, DE 19947; Harry L. Miles, JD*, Green, Miles, Lipton, & Fitz-Gibbon, LLP, 77 Pleasant Street, PO Box 210, Northampton, MA 01061-0210; Aaron Alva, 2001 E Yesler Way, #33, Seattle, WA 98122; and Alexis I. Raykhel, MA, Institute for Linguistic Evidence, 25100 Trinity Drive, Georgetown, DE 19947 After attending this presentation, attendees will better understand the current and historical state of rulings concerning linguistic litigation-independent research is needed, based on the judicial record of admissible or inadmissible methods. This presentation will impact the forensic science community by helping attendees learn to accurately understand legal rulings forensic linguistics. Whenever an attorney hires a forensic expert, he/she enters into a potentially unfamiliar area of science. This unfamiliarity is discipline, with many universities offering only a course or two related to a major in foreign languages or education. Unsurprisingly,

®

Paul Ceglia v. Mark Zuckerberg case highlighted language-based methodologies for determining authorship of electronic documents. On the pseudonymous landscape of the internet, forensic linguistic evidence will play an increasingly important about forensic linguistic evidence and provides expert evaluations of the rulings from both the legal and linguistic perspectives. LEGLER is web-accessible software that contains published rulings from American jurisprudence starting in the 1800s and legal database. The scrubbed rulings were then loaded into the LEGLER section of ILER, a database platform for conducting web-based experimental research in forensic linguistics.1,2 Research associates of the Institute for Linguistic Evidence and subscribers to ILER can access LEGLER through a web-browser, with password authentication for the user account. LEGLER offers information beyond the the rulings.

rooted in linguistics or other approaches to language such as literary criticism, prescriptive grammar, or computational stylometry. Only a trained linguist can accurately evaluate whether a method is rooted in linguistics or not, just as only an attorney can accurately evaluate by all the usual legal parameters as well as linguistic methodology, and thus prepare for a case involving linguistic evidence with insight from both the law and linguistics.

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Jurisprudence Section - 2015 References: 1.

2.

Forensic Linguistic Evidence, Admissibility, Legal Databases

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Jurisprudence Section - 2015 F20

Trust — But Verify: The Reliability of Radiograph Techiques in the Courtroom

Jeffrey M. Jentzen, MD*, University of Michigan, 300 N Ingalls, NI2D19 - SPC 5452, Ann Arbor, MI 48109 After attending this presentation, attendees will understand some of the limitations of conventional radiographic techniques and the

The presentation will impact the forensic science community by illustrating the need for pathological documentation of radiographic The routine use of radiographic imaging in forensic medicine and its presentation in the courtroom is constantly increasing. Radiographic documentation of injuries in child abuse and gunshot wounds, for example, has become standard practice.1 Proponents of the routine use of radiographic imaging have argued that its use could eventually replace standard autopsy examinations. Recent description of injuries at a legal standard for the courtroom.2 This presentation will discuss representative cases where radiographic and Case One: The family was opposed to autopsy and a limited examination was performed. The CT report opined that the entrance wound was located on the left temple. The examination documented the entrance wound on the right temple. Case Two: whether or not the fracture had crossed the suture line. The autopsy convincingly demonstrated the extension of the fracture in the suture infant. Case Three: and had gone home. The infant was examined in the emergency room after being found dead. The radiologist and Emergency Room

Case Four: A 5-month-old infant was found dead. Pre-autopsy radiographs and CT scan failed to identify any fractures. An Case Five: misinterpreted the wounds.

References: 1.

Examiners, 2006). 2.

X-Ray, CT Scans, Injury Interpretation

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* Presenting Author

Jurisprudence Section - 2015

Glenn G. Hardin, MPH*, Hamline University, MB 239, 1536 Hewitt Avenue, Saint Paul, MN 55116 After attending this presentation, attendees will understand the importance of an effective evaluation of the circumstances This presentation will impact the forensic science community by describing four cases in which review of the evidence regarding questioned deaths — medical records, witness statements, the results of external and internal examinations at autopsy, and postmortem Case 1:

though in the months prior to this event, the subject survived being admitted to various emergency departments after ingesting 30 tablets the death event with his cellphone. Case 2: Involved a subject who died one morning after injecting himself with heroin the evening before and ingesting methamphetamine the day before. At autopsy, signs of respiratory depression and arrest were present that are associated with death due to morphine (heroin) toxicity, including pulmonary edema in both lungs, lungs weighing >500g, and pulmonary vasculature congestion. Additionally, there were no signs of cardiovascular issues. Before the toxicology results were reported, a suspect — a methamphetamine

challenged by a medical examiner and a toxicologist. On the very eve of trial, charges were dismissed. Case 3: of emesis. Autopsy indicated bilateral congestive pulmonary edema, right lung weight of 1,050 grams, left lung weight of 980 grams,

Case 4: he abused prescriptions for oxycodone, during which time he demonstrated tolerance to the increased doses by engaging in a variety of normal activities. One morning he was found dead in bed. Autopsy showed that the right lung weighed 495 grams and the left lung weighed 465 grams. The upper airways were clear of debris and foreign material with normal-appearing mucosal surfaces. The urinary

Cause of Death, Forensic Toxicology, Evidence Evaluation

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* Presenting Author

Jurisprudence Section - 2015 F22

Forensic Field Testing: Curse or Cure?

This presentation will impact the forensic science community by bringing to the surface the various potential issues involved with

in a controlled environment.

to the point that it is possible to carry such instruments to a scene with little effort. spectrometers, and gas chromatographs with various detectors including mass spectrometers. Such instruments are often equipped with extensive data libraries that provide a best hit to the operator. In the not-too-distant past, the only place that such instrumentation with their accompanying libraries could be found was in an analytical laboratory where they were operated, for the most part, by individuals As these instruments have become smaller and easier to produce, their price points have dropped accordingly. It is now economically such powerful instrumentation into the hands of the masses.

the primary purpose is to create awareness of some of the pros and cons of these approaches. In order to illustrate some of the points Field Tests, Chemical Tests, Field Portable Instrumentation

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* Presenting Author

Jurisprudence Section - 2015 F23

Technical Investigations Not Repeatable in the Italian Code of Criminal Procedure: The Guaranteed Anticipated Contradictory of the Defense

Vincenzo Maria Bafundi, JD, Procura della Repubblica di Foggia, Viale I Maggio, Foggia 71122, ITALY; and Michele Vaira, JD*, V. le I Maggio 27, Foggia 71122, ITALY After attending this presentation, attendees will understand that the Italian rules governing the activities of technical investigations about people, things, or places are subject to rapid change. In these cases, during the preliminary investigation conducted by the Public the proceedings with the help of a consultant in order to establish a contradictory with the prosecutor. This presentation will impact the forensic science community by underlining the usefulness of the presence and participation of legal experts appointed by the crime victim and the suspect to a plea that cannot be presented at trial. In this way, the private parties can Italian rules of technical investigations not repeatable. When the investigations relate to people, things, or places whose state is time, and place and of their right to appoint technical advisors. The defense as well as the appointed technical consultants shall be defendant initiates an evidentiary hearing before the judge, the prosecutor cannot proceed unless these investigations, if delayed, may not be more usefully made. If the prosecutor, despite the express request of the defendant and not under the condition of urgency, has also carried out an investigation, these results cannot be used in the trial. The classic example of non-repeatable technical assessment is the autopsy of a corpse or, in cases of murder or involuntary

suspect may participate in a fundamental investigation, offering comments and reservations, and perhaps stating his defense, such employer). In these cases, experts appointed by the suspect can directly verify the correctness of the expert opinions, contributing to the investigation of the relevant facts (e.g., cause of death, relationship of cause and effect, and/or other contributing factors). Technical Investigations, Anticipated Contradictory, Italian Criminal Procedure

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* Presenting Author

Jurisprudence Section - 2015 F24

Communicating Error and Uncertainty in the Courtroom: Methods, and Psychology of Doubt and Belief

The Language,

Ted W. Vosk, JD*, 4040 Lake Washington Boulevard, NE, Ste 300, Kirkland, WA 98033 After attending this presentation, practitioners will have a better understanding of: (1) how to effectively communicate forensic

This presentation will impact the forensic science community by facilitating communication of forensic results in a manner intended

and the verdicts they support. imperfect and incomplete information, the conclusions supported by forensic results are always accompanied by uncertainty. A

that consistently comport with the science underlying the result relied upon. As a result’s uncertainty conveys the conclusions the result

relied upon is sound. Knowing the problem doesn’t solve it, though. Conveying these concepts so that they can be understood in the some to the presence of uncertainty is to reject a proposition altogether regardless of how certain it is. The reaction of others is to reject uncertainty altogether regardless of how uncertain the proposition is. Neither response is warranted in most contexts.

about the results and the legal professionals presenting or challenging them. If forensic results are to be considered and weighed in

tools that can be used to facilitate this process in a manner that both educates substantively as well as defusing psychological and Uncertainty, Error, Communication

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* Presenting Author

Jurisprudence Section - 2015 F25

Errors in DNA Testing: Lessons Learned — A Retrospective Look

Charlotte J. Word, PhD*, PO Box 5207, Gaithersburg, MD 20882

This presentation will impact the forensic science community by providing information regarding the types of errors that may be

minimal chance of errors in testing and interpretation if evidence collection and handling are correctly performed, properly validated laboratory procedures are duly followed with appropriate controls being used and monitored, and analysts are well trained in the human errors and errors related to limitations of the technology, will be discussed. Information regarding which type of errors may be

from property crime scenes will be provided. Stochastic effects that commonly occur when polymerase chain reaction technology is three or more contributors, some of whom may be related. Testing and interpretation issues resulting from these types of samples will reasonable statistical frequency estimates.

even rewarded. Laboratory management and analysts should be forthcoming regarding any errors made and any limitations to a test opportunity for additional corrective training and for the introduction of preventative measures and improved procedures aimed at generating the best, most reliable, and defensible testing results possible. Errors, DNA, False Results

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* Presenting Author

Jurisprudence Section - 2015 F26

Culture of Infallibility: The Inability of the Criminal Justice System to Concede

Roderick T. Kennedy, JD*, New Mexico Court of Appeals, PO Box 25306, Albuquerque, NM 87125-0306 The goal of this presentation is to discuss new research which demonstrates how the investigative process by which cases come to court is frequently comprised of a mix of good and bad evidence that the judicial system cannot always adequately evaluate. This presentation will impact the forensic science community by explaining how it is necessary to understand the adversary process by which the judicial system resolves claims and the effects this process has on the quality of evidence both as presented and as to reform the practices of each must underlie true reform. departments, prosecutors, the criminal defense bar, and even the judiciary. It is directly related to unsafe judicial results and wrongful vision) that can lead police investigators to pursue only the evidence most consistent with their pre-existing theory while rejecting confounding facts similarly leads to prosecutors failing to consider other possibilities (assuming a complete set of facts is even available). Similarly, prosecutors considered that their need for absolute guilt made any uncertainty in evidence, even what might be subject to

change is resisted.

mythological impression of infallibility accompanied the forensic expert to court, where prosecutors neglected to understand the evidence they presented, defense attorneys missed opportunities to question what might be questionable, and judges were happy with needed to be an open-ended search for the best evidence for the case.

convictions of innocent persons. Since forensic evidence is a creation of the law, used by the law, and has little application outside the law, the fact that it had been used in so many cases proven to result in wrong outcomes began to draw scrutiny and the result of the

exposed as impediments to progress. various police, forensic, and legal practices that they have escaped evaluation. Exposure breeds resistance by these actors. The need for the infallibility of the court system and proof beyond a reasonable doubt have created a culture that supports uncritical myths of

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* Presenting Author

Jurisprudence Section - 2015 This presentation will discuss the directions in which legal scholarship is attempting to identify and correct many of these quite unintentional sources of error in judicial determinations. A message is that the overarching quest for justice is best served by cooperation and greater examination of best practices to avoid exonerating the guilty and convicting the innocent. Change, Resistance, Judicial System

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* Presenting Author

Jurisprudence Section - 2015 F27

To Err or Not to Err: How Judges and Jurors Apply “Margin of Error” and Criminal Cases Involving Blood Testing

Stephanie Domitrovich, JD, PhD*, Sixth Judicial District of PA, Erie County Court House, 140 W 6th Street, Rm 223, Erie, PA 16501

using a variety of factors in determining whether the expert’s methodology is valid, such as, but are not limited to, the following: (1)

circumstantial evidence is presented to the jury at the time of trial regarding the possible source or basis for the application of a 10%

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* Presenting Author

Jurisprudence Section - 2015 F28

Lost and Gone Forever — Jeopardized Prosecutions and Denial of Due Process

Peter R. De Forest, DCrim*, PO Box 141, Ardsley, NY 10502; James M. Doyle, LLM, Bassil, Klovee & Budreau, 20 Park Plaza, Ste 1005, Boston, MA 02116; Gregory B. Matheson, BS, Los Angeles Police Department, Crime Laboratory, 1800 Paseo Rancho Castilla, Fire Analysis, LLC, 88005 Overseas Highway, #10-134, Islamorada, FL 33036

This presentation will impact the forensic science community by pointing out the value of having experienced scientists (criminalists) involved in crime scene investigations from the outset.

investigations by cosmologists, astrophysicists, geophysicists, geologists, paleontologists, or archaeologists. The record is created by 1 All are small fraction of much more recent events can be of great concern in accident or criminal investigations. To some extent, this record is written over the records of preceding events at the same location. In addition, this record will be overwritten by the record resulting from events that follow. This statement has important implications. A crime scene may contain

university or other research center. Why doesn’t the same concern seem to extend to the practice of the collection of evidence by non-

provided evidence that would have been effective in clearing an innocent person who is subsequently accused. In most jurisdictions internationally, law enforcement has the responsibility of the crime scene investigation. What are the implications for the defense in

Reference: Philosophy

1.

of Science 69 (2002), pp. 474-496.

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* Presenting Author

Jurisprudence Section - 2015 F29

Legal Update: Recent Court Decisions Declaring Testimony About Case Reviews Performed by Non-Testifying Experts to Be Inadmissible

Andrew Sulner, MSFS, JD*, Forensic Document Examinations, LLC, 220 E 57th Street, Ste 200, New York, NY 10022 After attending this presentation, attendees will be better informed about some recent court decisions and the evidentiary grounds that have led courts to declare that expert testimony about case reviews performed by non-testifying experts is inadmissible.

non-testifying experts. Such testimony, generally elicited during direct examination, is supposedly introduced for the purpose of demonstrating the quality

court rulings. Casework Reviews, Inadmissible Testimony, Bolstering

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* Presenting Author

Jurisprudence Section - 2015 F30

Reliability, Validity, Accuracy, and Bias in Forensic Document Examination: Results From an Interdisciplinary Study of Questioned/Known SignatureComparison Tasks

Mara L. Merlino, PhD*, 1066 Tamworth Lane, Frankfort, KY 40601; Tierra M. Freeman, PhD*, Kentucky State University, 229 Hathaway Hall, 400 E Main Street, Frankfort, KY 40601; Veronica B. Dahir, PhD, University of Nevada, Reno, Grant Sawyer Center for Justice Studies, 1664 N Virginia Street, Mail Stop 0313, Reno, NV 89557; Victoria Springer, PhD, 31385 Brae Burn Avenue, Hayward, CA 94544; Derek L. Hammond, BA, US Army Criminal Investigation Laboratory, 4930 N 31st Street, Forest Park, GA 30297-5205; Adrian G. Dyer, PhD, RMIT University School of Media & Communication, Bldg 5.2.36, City Campus, Melbourne, Victoria 3000, Macleod, Victoria 3085, AUSTRALIA After attending this presentation, attendees will understand some of the theoretical principles of cognitive psychology and how conclusions provided important information about some of the cognitive and physiological aspects of the evaluation of signatures. This presentation discusses some of the relationships among signature type, signature complexity, and the deployment of attention in This presentation will impact the forensic science community by demonstrating the importance of engaging in theoretically based, multidisciplinary research to reach an understanding of the nature of the methodology and expertise in forensic document examination. attention as it relates to signature type and complexity.

absence of features, and then qualitatively assign these features some degree of evidentiary weight to reach their decisions. Examiners

1

or by information about how the irrelevant information of a non-target differs from the features of the target. Relational models of inhibiting attention to irrelevant features, or by directing attention to how stimuli differ. Relational models place the target in relation to 2

The features available for forensic evaluation are determined in part by the nature of the writing specimens. For example, compared in terms of their complexity (e.g., the number of turning points and crossing lines), their semantic content, and any number of additional

that similarity depends on the proportion of features common to the two objects and also on their unique features.3

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* Presenting Author

Jurisprudence Section - 2015 References: 1.

2.

3.

Signature Comparison, Interdisciplinary Research, Reliability and Validity

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* Presenting Author

Jurisprudence Section - 2015 F31

Prosecutorial Misconduct and Breaches in the Brady Doctrine

David M. Benjamin, PhD*, 77 Florence Street, Ste 107N, Chestnut Hill, MA 02467-1918 The goals of this presentation are to review the Brady This presentation will impact the forensic science community by raising awareness of how Brady

appears to prejudice, the administration of justice.1 2 A major claim against prosecutors is violations of the Brady In Brady v. Maryland suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material, 3 Brady issues focus on 4

In toxicology cases, failure to produce

unresolved: (1) what is the depth of the duty Brady do a district attorney, attorney general, and United States attorney all share the same duty under Brady the duty under Brady ineffective assistance of counsel who represented the defendant are common. Failure to discover the withheld documents is ineffective, and the government’s failure to conduct an adequate search for the material exculpatory information or produce it in a timely manner Connick, District Attorney, et al. v. Thompson addressed the issue of vicarious liability of local government agencies.5 In Connick, failed to disclose evidence that should have been turned over to the defense under Brady. Thompson was convicted. Because of that conviction, Thompson elected not to testify in his own defense in his later trial for murder and he was again convicted. Thompson spent 18 years in prison, including 14 years on death row. One month before Thompson’s scheduled execution, his investigator discovered that evidence had been withheld in his armed robbery trial. The reviewing court determined that the evidence was exculpatory and both of Thompson’s convictions were vacated.

6

The jury awarded Thompson fourteen million

train cannot be based on a single incident, but the plaintiff must show a pattern of similar constitutional violations. Commonwealth v. Christina Martin mass spectrometry test will be discussed, and the analysis of the motions judge shared.7

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* Presenting Author

Jurisprudence Section - 2015 References: 1. 2. 3. 4. 5. 6. 7.

Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) Brady v. Maryland, 373 U.S. 83, S.Ct. 1194, 10 L.Ed.2d 215 (1963) at page 87 Cone v. United States, 129. S.Ct.1769, 1783 (2009) (citing Bagley, 473 US at 682) Connick, District Attorney, et al. v. Thompson, 131 S.Ct. 1350 (2011) (No. 09-571) Ibid Commonwealth v. Christina Martin, SJC-06789, 1998

Prosecutorial Misconduct, The Brady Doctrine, Material Exculpatory Evidence

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* Presenting Author

Jurisprudence Section - 2015 F32

Ethics in the Study of Forensic Science: Can Ethics Be Taught?

Linda L. Chezem, JD*, 530 Denny Drive, Mooresville, IN 46158 After attending this presentation, attendees will consider how the formal study of ethics might be evaluated to determine the impact on ethical responses of forensic science professionals. This presentation will impact the forensic science community by delineating how increased attention will be given to the ethics being taught to future professionals in forensic sciences. Suggestions will be garnered to improve the teaching of ethics. An additional result is that consideration will be given by academics and professional societies to strengthening the ethical standards and improving adherence to those standards. This session will present an updated survey of ethics hours offered by forensic science programs that are accredited by the Forensic created as the capstone class for the forensic science minor. The impetus to create the class arose from the expense and disruption caused as to whether ethics can be taught. This presentation’s counter argument, silence equals complicity, will be discussed. The question of how the class impact might be properly evaluated will also be discussed. Ethics, Teaching, Forensic

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* Presenting Author

Jurisprudence Section - 2015 F33

Shaken Baby Syndrome: Current Evidence of a Pathological Entity

Jeffrey M. Jentzen, MD*, University of Michigan, 300 N Ingalls, NI2D19 - SPC 5452, Ann Arbor, MI 48109; and Carl J. Schmidt, MD, Wayne County MEO, 1300 Warren, Detroit, MI 48207

of abuse. It will provide insight into the injuries critical in explaining deaths due to SBS. For the past 30 years, physicians have diagnosed SBS on the basis of the triad of subdural hematoma, retinal hemorrhages, and brain swelling. It is estimated that more than 1,000 infants are diagnosed with SBS in the United States each year. The entity was initially described by Caffey and others as unexplained subdural hemorrhage in infants without observable trauma or impact. Unable to 1

routinely site incidental short-distance falls, resuscitation efforts, or rare medical problems as the cause of the subdural and retinal it does not exist. In 2008, the Wisconsin Court of Appeals supported a request for a new trial for Audrey Edmunds who had been convicted in the

2

3

studies, the presence of subdural hemorrhages, subarachnoid hemorrhage, and optic nerve hemorrhages and brain swelling without death in a subset of infant homicides.4 In light of new techniques in the examination of an injured child, prosecutors, judges, and medical experts should evaluate all the what is otherwise a fatal head injury. References: 1.

2.

403. State v. Edmunds, 598 N.W. 2d 290, 293 (WSI CT App 1999)

3. 4.

Shaken Baby Syndrome, Abusive Head Injury, Child Abuse

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* Presenting Author

Jurisprudence Section - 2015 F34

Depraved Indifference — Murder of a Child in New York: Are Moms Getting Away With Murder?

Kerry J. O’Connell, JD*, NY County District Attorney, One Hogan Place, New York, NY 10013 After attending this presentation, attendees will wonder whether those who cause the death of innocent children are being held to equivalent in seriousness to intentional murder) for prosecutors.

assistance in any way. life-threatening injuries at the hands of her domestic partner and was in severe pain. Nevertheless, she did not call an ambulance or

for the injuries. The fact that she deliberately placed her own interests ahead of her son’s need for emergency treatment was strong

Lawyers may be surprised to learn that even a studied indifference to the duty of care owed to a child by his mother can be even if the child is left to die. This presentation introduces a case study of a child severely beaten by his mother’s domestic partner, and then left without medical treatment in full view of both as they labored to cover up their crime. Experts at the trial of the mother found that the child died from

Child Abuse, Wound Interpretation, Homicide

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* Presenting Author

Jurisprudence Section - 2015 F35

Child Psychological Abuse: Legal and Clinical Implications

Stephanie Domitrovich, JD, PhD*, Sixth Judicial District of PA, Erie County Court House, 140 W 6th Street, Rm 223, Erie, PA 16501; and William Bernet, MD*, Vanderbilt University, 1313 21st Avenue, S, 209 Oxford House, Nashville, TN 37232

how to distinguish parental estrangement (which typically involves physical abuse) from parental alienation (which involves CPA). This presentation will impact the forensic science community by increasing the competence of mental health professionals in Legal professionals will have increased competence in addressing CPA when it occurs in child custody cases and in dependency/neglect hearings. Although the existence of child maltreatment can be traced to ancient times, it was not until the modern era that the mistreatment of

science and law intersect to protect children from abuse.

focus on the last form of child maltreatment — emotional/psychological abuse. have caused: conduct disorder, cognitive disorder, affective disorder, or other mental disorder. CPA frequently occurs as verbal abuse states, the frequency of CPA ranges from 0.1% to 51% of substantiated cases of child maltreatment.

CPA to child protection personnel. Also, there will be a discussion of the importance of distinguishing parental estrangement (when a child refuses contact with a parent because of a history of physical abuse, sexual abuse, or neglect) and parental alienation (when a child refuses contact with a parent because the child has been indoctrinated to fear or hate the rejected parent, which is a form of CPA). Child Psychological Abuse, Parental Estrangement, Parental Alienation

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* Presenting Author

Jurisprudence Section - 2015 F36

Hoarding Disorder: Whose Problem Is It, Anyway?

James P. Cho, MD*, 238 County Down Lane, Loveland, OH 45140; and Scott Bresler, PhD*, UC Medical Center, Division of Forensic Psychiatry, 260 Stetson Street, Box 670559, Cincinnati, OH 45219 After attending this presentation, attendees will be able to: (1) specify the Diagnostic and Statistical Manual of Mental Disorders, mental health treatment for an involuntarily committed patient was ruled constitutional under the 14th Amendment by the United States

This presentation will impact the forensic science community by presenting several of the questions yet to be answered about hoarding disorder’s place within the realm of involuntary commitment and court-ordered treatment. Statement: within the realm of involuntarily commitment and court-ordered treatment. Brief Synopsis: within the context of involuntary commitment and treatment. In the case of Donaldson v. O’Connor committed to a state mental hospital has a constitutional right to receive such individual treatment as will give him a reasonable 1

2

In Rogers v. Commissioner of Mental Health Department situations, medications could not be given against the patient’s consent unless they were ruled incompetent.3

In the situation of a hoarding-disordered patient involuntarily committed to a psychiatric unit, a number of questions arise: (1) is

If dangerous hoarding-disordered patients are not to be involuntarily held in a psychiatric unit, who in the community, if anyone, is the confusion, law enforcement personnel are often encouraged to not arrest persons in the community that they suspect may be mentally ill as being incarcerated may hurt the person’s ability to attain mental health care. In this presentation, two hoarding-disordered patients who were held in a civil-psychiatric hospital for hoarding disorder are compatible with the legal precedents established above. Both patients wished to return to their homes despite the fact that the homes were condemned by the department of health and declared too dangerous for habitation.

such patients without explaining how it can be appropriately done given prior legal precedents implying otherwise.

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* Presenting Author

Jurisprudence Section - 2015 References: 1. Donaldson v. O’Connor, 493 F.2d 507, 510 (5th Cir. 1974). 2. N Engl J Med 3. Rogers v. Commissioner of Mental Health Department Hoarding Disorder, Involuntary Commitment, Civil Liberties

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* Presenting Author

Jurisprudence Section - 2015 F37

Why DNA Interpretation Has Become More Challenging in Recent Years

John M. Butler, PhD*, NIST, 100 Bureau Drive, MS 4701, Gaithersburg, MD 20899

This presentation will impact the forensic science community by providing a better understanding of how improved sensitivity has

an allele or an artifact, whether or not alleles at an STR locus can be paired to form a genotype, whether it is possible for some alleles to

available for testing can impact the uncertainty or ambiguity in the conclusions drawn. In many situations involving complex results inappropriately including or excluding a potential contributor from an evidentiary result.

the interpretation process should be documented and conveyed as clearly as possible. This documentation will aid those individuals reviewing the lab report to appropriately assess the results obtained and the conclusions drawn.

Forensic DNA, DNA Mixtures, DNA Sensitivity

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* Presenting Author

Jurisprudence Section - 2015

John Ballantyne, PhD*, University of Central Florida, Dept of Chemistry, 4000 Central Florida Boulevard, Orlando, FL 32816-2366; and Erin K. Hanson, PhD, PO Box 162367, Orlando, FL 32816 After attending this presentation, attendees will learn how forensic geneticists may be able to provide contextual activity-level This presentation will impact the forensic science community by demonstrating the need for forensic scientists to be aware of the alleged circumstances of the crime despite the possibility of contextual bias. I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When and How and Where and Who…Rudyard Kipling issue. The questions involve what, why, when, how, where, and who as they pertain to the people, places, and things involved in the

relating to the case events. For example, consider a sexual assault on a female victim with an object (recovered from the suspect) and the vaginal cells, a circumstance that would be consistent with a sexual encounter but not with casual handling. The ability to distinguish between these alternative propositions, sexual versus social contact, might prove to be critical to the investigation and prosecution of the case. Failure to provide this critical probative information could allow perpetrators to exploit the shortcomings in routinely used body

This study argues that forensic geneticists should, in addition to identifying the source of biological material, also concern themselves

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* Presenting Author

Jurisprudence Section - 2015 F39

Biological Evidence Storage and Disposition: A Discussion of Legal Implications, Trends, and Policy Recommendations

Shannan Williams, MA*, 100 Bureau Drive, Gaithersburg, MD 20899

disposition. This presentation will impact the forensic science community by providing insight on the legal and policy considerations in the improvement of biological evidence storage and management. In August of 2011, the National Institute of Justice and the National Institute of Standards and Technology’s Law Enforcement

best practices within law enforcement agencies. The purpose of this presentation is to bring awareness to these issues and introduce the

biological evidence requires that each state and jurisdiction consider the relevant legal and policy issues.

defendant/defense attorney or attorneys of record. Recent Supreme Court decisions including Melendez-Diaz v. Massachusetts and more recently Bullcoming v. New Mexico set out the importance of chain-of-custody documentation and the importance of evaluating the integrity of evidence and the circumstances of testing. Creating the appropriate sanctions for evidence destroyed in violation of group based on its analyses. Evidence, Policy, DNA

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 712

* Presenting Author

Jurisprudence Section - 2015 F40

DNA Typing: Controls and Validation Updates to Support Current Testing

Christie T. Davis, PhD*, Helix Analytical, Inc, 90 Saturn Street, San Francisco, CA 94114

results. Suggestions will be provided for controls and studies needed to augment current procedures.

such as stochastic effect, founder effect, allelic dropout, and allelic drop-in. These issues become exacerbated with the use of current

borne contamination. Current controls do not address detection of contamination or stochastic effect in mixtures.

laboratories, from a victim requiring medical procedures, and during crime laboratory processing. Cases will be presented in which

evidence-handling locations to predetermine what contamination sources may exist. Suggestions will be made during the presentation

Validation, Contamination, Controls

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 713

* Presenting Author

Jurisprudence Section - 2015

Recognize It (Even if You Do Get It) if You Have No Idea What You’re Looking For! Joseph P. Bono, MA*, PO Box 2509, Leesburg, VA 20177; and Ken Williams, MS, JD, New Jersey State Police, North Regional Laboratory, 1755 State Highway 46, Little Falls, NJ 07424 The goal of this presentation is to focus on documentation which should be available through a discovery motion for review by both

motion and what to expect from the forensic science laboratory. (Since the credibility of a forensic scientist’s testimony could be

associated with the case at hand. Some of the more common questions lawyers wonder about in reviewing a forensic analysis or discussing the analysis with the

monitors with images of straight lines, curved lines, or columns of numbers. The properly worded discovery motion is one effective way to obtain the answers to the most important questions. The challenge

really means.

Even with the reams of paper which are produced for this request, there will be little information obtained with which to evaluate the

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 714

* Presenting Author

Jurisprudence Section - 2015

some level of assurance that the answers to the relevant questions related to the case at hand are actually being provided, remembering that nothing is absolute. Standards do exist and conformance to those standards is the foundation of a laboratory’s credibility.

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 715

* Presenting Author

Jurisprudence Section - 2015 F42

It’s My Toy and You Can’t Play With It: Defense Counsel Problems With Access to CODIS

Alissa L. Bjerkhoel, JD*, 225 Cedar Street, San Diego, CA 92101

investigative tool to establish their client’s innocence.

equally available to defense counsel in a criminal justice system that prides itself on being fair. technique for conclusively identifying and excluding criminal suspects in cases where biological material is left at a crime scene. As 1 Thousands of courts throughout 2 the United States have reversed convictions of people who were wrongfully convicted. Currently, there have been 1,406 individuals exonerated in the United States.3 4 5

the guilty and exonerating the innocent. 6

result in the disruption of the national database system altogether. Such claims appear to be largely unfounded and concerns could be satisfactorily dealt with by proper reform. Further, the denial of access is at odds with a defendant’s right to due process and the government’s obligation to disclose exculpatory evidence.7 8 It should not be so.

Other examples highlighting defense counsel’s struggle and the need for improving the criminal justice system will be discussed. References 1. 2. 3.

Id.

4. 5.

The New York Times. January 3, 2013.

6. 7.

The New York Times. January 3, 2013.

8.

DNA, CODIS, Defense Counsel Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 716

* Presenting Author

Jurisprudence Section - 2015 F43

“In God We Trust, All Others We Cross-Examine” — Cross-Examination in DNA Mixture Cases

Nicole Kubista, JD*, 7582 Currell Boulevard, Ste 212, Woodbury, MN 55125; and Rebecca A. Waxse, JD, 5669 147th Street, N, PO Box 548, Hugo, MN 55038 After attending this presentation, attendees will understand the theories behind cross-examination as a method for relaying

Cross-examination of witnesses is often a criminal defendant’s only hope of uncovering inaccuracies, relaying concerns, and testing may offer a more comprehensive understanding of the evidence, allow juries to understand what parts of the analysis are subject to possible bias or multiple interpretations, help the jury assign weight and meaning to the evidence, and in some cases create confusion as to the nature of the testimony.

cross-examination is the imperfect tool they must use to convey not only the complexity of the science but also the imperfections of human analysis.

in criminal cases. J. Wigmore in Wigmore on Evidence 1 Other legal scholars view cross-examination as the principal means by which biases or inaccuracies of important information has been obscured or was unclearly communicated. Reference: 1. J. Wigmore, Wigmore on Evidence 1364 (3d ed. 1940) DNA, Cross-Examination, Jurisprudence

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 717

* Presenting Author

Jurisprudence Section - 2015 F44

Interpreting Gobbledygook — What Lawyers and Forensic Scientists Can Do to

Nicole Kubista, JD, 7582 Currell Boulevard, Ste 212, Woodbury, MN 55125; and Rebecca A. Waxse, JD*, 5669 147th Street, N, PO Box 548, Hugo, MN 55038 After attending this presentation, attendees will understand the challenges that lawyers and forensic scientists face in trying to

This presentation will impact the forensic science community by facilitating a discussion on what needs to be done by both lawyers and forensic scientists to increase the effectiveness of forensic science communication to a jury. This will enable juries to be able to use the evidence in a meaningful manner and will promote more informed results. Lawyers and forensic scientists have all been told how juries give science in the courtroom a great deal of weight. Judges also place and forensic scientists must be able to communicate about the science in an effective manner. Lawyers and forensic scientists each face challenges to ensure that the science is communicated clearly in the courtroom setting. If a lawyer presenting a forensic scientist witness does not understand the language being used by the witness, the lawyer is not going to be able to ensure that the jury is understanding the witness’ message. In addition, if a lawyer is cross-examining a forensic scientist witness and does not understand the language being used by the witness, the lawyer is not going to be able properly cross-

A forensic scientist’s role in the courtroom is to clearly communicate how his or her testing was conducted and the results of his or court, the forensic scientist is not explaining the process and results to other scientists — the forensic scientist is explaining it to a jury. forensic scientist is not able to clearly communicate. Forensic science has an important role in our justice system. This presentation will address what lawyers and forensic scientists need to do to ensure that the information is presented in an understandable manner so it can be used in the most effective way within the courtroom.

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 718

* Presenting Author

Jurisprudence Section - 2015 F45

Development of Small-Group Forensic Counsel in Greater Minnesota: Forensic Case Review in the Boonies

Gregory B. Davis, JD*, 416 S 6th Street, Brainerd, MN 56401; and Carly S. Vosacek, JD*, 416 S 6th Street, Brainerd, MN 56401 small, geographic-centered, forensic criminal case-review program for defense counsel. In addition, attendees will understand how such This presentation will impact the forensic science community by demonstrating the importance of initial and immediate forensic case review. This presentation will also demonstrate the need for involvement by defense counsel at the commencement of representation and of counsel and improved client representation.

part in larger statewide forensic training. of programs are, for many, still aspirational rather than actuality. The initiation of a small forensic counsel group to review, assist,

The establishment of small forensic groups to assist in initial review and assistance to trial counsel is now a necessity, rather than

The involvement of forensic counsel at the onset of a criminal case provides for better representation and trial preparation for the

have been countered through the use and application of several technological issues. From simply conducting meetings or communicating to a forensic group and an area that will need continual updating and training. for individual clients. Absent such involvement and review of individual forensic case issues, clients cannot be assured an adequate and effective defense, to which each is entitled. Trials, Training, DNA

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 719

* Presenting Author

Jurisprudence Section - 2015 F46

In or Out? What is the Threshold for Admissibilty?

Julie Maxwell, JD*, 510 15th Street, NW, Rochester, MN 55901

are being used for investigative versus evidentiary purposes. This presentation will impact the forensic science community by prompting defense and prosecution attorneys to be more careful in of whether information is being used merely as part of the overall investigation by law enforcement or whether that information is to be used at trial for acquittal or conviction. The admissibility of forensic evidence has always created some challenging questions for the bench and bar. To be admissible, evidence must meet the standards set forth in the rules of evidence as well as the standards articulated by Frye and more recently, Daubert which are not intended to be and should not be considered evidentiary in nature. For example, the use of polygraphs to establish whether an individual is lying or preliminary breath tests to establish a blood alcohol concentration. This presentation will explore an examination of the Rules of Evidence and the Frye and Daubert standards to help understand what the criteria are for evidence to be deemed admissible. It will further explore the category of forensic tools that are designed for

admissibility or inadmissibility. The 2009 National Academy of Sciences Report, Strengthening Forensic Science in the United States: A Path Forward, found to comprehend and evaluate forensic evidence observation continues to ring true. Lawyers still struggle with how to understand and evaluate forensic evidence. Exploring the distinctions between what can and should be used for investigative purpose and whether such tools should be admissible may lead to a Admissibility, Investigative, Evidentiary

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 720

* Presenting Author

Jurisprudence Section - 2015 F47

How a Grant Manager Can Allow Scientists to be Scientists

Lindsey E. Saunders, BS*, DC Department of Forensic Sciences, 401 E Street, SW, Washington, DC 20024

WITHDRAWN

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 721

* Presenting Author

Jurisprudence Section - 2015 F48

The Validity of Enzymatic Assay for Blood Alcohol Content (BAC) Determinations

Josh D. Lee, JD*, Ward, Lee & Coats, PLC, PO Box 352, Vinita, OK 74301; and Justin J. McShane, JD*, 3601 Vartain Way, Ste B, Harrisburg, PA 17110-9440

This presentation will impact the forensic science community by further spurring discussion in the legal community about the

evidence to form a conviction on a per se assay. The publication of these successful challenges has led many hospitals that offered EIA-based testing for BAC purposes to stop. due to the need to employ an expert to try to interpret and defend the EIA-based BAC evidence, a sense of justice and ethics, as well as

± SD

Range

Number

1.11

± 0.02

1.08-1.16

4

1.14

± 0.02

1.09-1.18

50

1.10

± 0.03

1.03-1.24

17

Jones, et al. 1990

1.15

± 0.041

0.88-1.59

211

Rainey 1993

1.14

± 0.04

1.04-1.26

235

Charlebois 1996

1.16

N/A

1.08-1.21

N/A

Table 1. Summary of alcohol concentration ratios for plasma and serum comparisons to whole blood

community as to an acceptable range of values. It is incumbent upon the legal and medical communities to begin to understand the fundamental differences in the uses of BAC accurate and selective methods should be used to ensure that the guilty are not needlessly acquitted nor are individuals falsely convicted. Enzymatic Assay, DUI, BAC

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 722

* Presenting Author

Jurisprudence Section - 2015

Nicholas B. Tiscione, MS*, 3228 Gun Club Road, West Palm Beach, FL 33406; Xiaoqin Shan, PhD, Palm Beach County SO, Crime Laboratory, 3228 Gun Club Road, West Palm Beach, FL 33406; and Dustin Tate Yeatman, MS, 3228 Gun Club Road, West Palm Beach, FL 33406

This presentation will impact the forensic science community by offering insight into challenges of combating the incidence of

of the laboratory, regardless of the scheduled status of the drug. samples are only collected when it is impossible or impractical to perform a breath alcohol test or if there is a serious bodily injury

(2013 to 2014), carisoprodol, cocaine/BE, methamphetamines, opiates, oxycodone/oxymorphone, and cannabinoids. All positive results Over the past seven years, 25% of all drug-positive blood specimens and 46% of all drug-positive urine specimens contained at least

Urine

37

Cases 5.4%

112

Cases 9.7%

Zolpidem

29

4.3%

83

7.2%

Tramadol

17

2.5%

52

4.5%

15

2.2%

46

4.0%

10

1.5%

41

3.6%

9

1.3%

40

3.5%

Topiramate

9

1.3%

32

2.8%

Chlorpheniramine

6

0.9%

32

2.8%

Lamotrigine

6

0.9%

Nortriptyline

22

1.9%

Phenytoin

5

0.7%

Amitriptyline

20

1.7%

Zolpidem

Tramadol Chlorpheniramine

DUID, Non-Controlled, Florida Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 723

* Presenting Author

Jurisprudence Section - 2015 F50

Evaluating Forensic Evidence in Drug Impairment Cases: Complexities of Testimony by Non-Medical Witnesses

Pitfalls and

Ward, Lee & Coats, PLC, PO Box 352, Vinita, OK 74301 The goal of this presentation is to provide attendees with an overview of: (1) why non-medical witness testimony interpreting human

This presentation will impact the forensic science community by explaining how, in order to accurately determine if a human subject

Absent a complete subject (patient) medical history, the reported drug concentrations and subjective observations reported by the nonmedical witness are incomplete and can be misleading. Pharmacodynamic effects reported by a non-medical witness require considerable education about the central nervous system’s through the synaptic cleft. The witness must also be able to distinguish between the various sites of synthesis as they relate to the class of transmitter. fooling the neurotransmitter to respond. Alternatively, another type of drug may depress the site by acting as a wall, preventing the cell from stimulation or engaging with its receptor. The individual responses of both stimulation and depression of neurotransmitters

The non-medical witness must also understand the bioavailability of the drug. This means that the witness must understand what

questions that the witness must be able to answer if they are attempting to correlate a drug level with impairment.

for cross-examination. and judges educate themselves about the considerable limitations of the drug recognition evaluation and stop unequivocal testimony that a certain drug concentration in the body equals impairment universally without considering any medical or physiological information about the individual subject. Non-Medical Witness Testimony, Pharmacodynamics, Pharmacokinetics

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 724

* Presenting Author

Jurisprudence Section - 2015 F51

Forensic Sciences as a Contributor to Miscarriages of Justice in Western Europe

Joelle V. Vuille, PhD*, University of Neuchatel, School of Law, Neuchatel 2000, SWITZERLAND After attending this presentation, attendees will understand how inquisitorial and adversarial criminal justice systems operate with evidence in criminal prosecutions, both positively and negatively. miscarriages of justice in the United States and in Europe can be better understood. This will be accomplished by highlighting structural evidence in those jurisdictions.

experimental validation, many cases can now attest to the role played by the various forensic sciences in the prosecution and conviction

errors will be discussed, such as varying policies in the preservation of evidence, lengths of sentences, attitudes of defense attorneys, possibilities of appeal and review of convictions, the funding of laboratories, the education of scientists, and the ways in which forensic science is used by law enforcement to solve crimes. The goal of this presentation will be to discuss these various propositions and present the (minimal) data available in Western Europe on this topic. The relevance of various research options will be debated, as well as the potential impact of such a line of research Miscarriage of Justice, Adversarialism, Inquisitorialism

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 725

* Presenting Author

Jurisprudence Section - 2015 F52

Defending Veterans: Teaching Juries the True Costs of War, Post-Traumatic Stress Disorder (PTSD), Adrenaline Addiction, and Deadly Drug Cocktails

Jose A. Baez, JD*, 2020 Ponce De Leon Boulevard, Miami, FL 33134; and Donald E. Shelton, JD, PhD, 500 S Harris Street, Saline, MI 48176 After attending this presentation, attendees will learn about the nature of conveying to juries the psychology of returning from war, toxicological challenges, and overcoming bias against veterans in the criminal justice system.

This presentation will provide better understanding of the challenges facing many veterans returning from war when they enter our

had been arrested multiple times. Today veterans’ advocates fear that, unless they receive proper support, a similar epidemic may befall

these intensive programs do not normally accept those veterans charged with violent crimes, leaving veterans to face judges and juries while dealing with a myriad of psychological and toxicological issues. United States v. Gabriel Brown, a former Green Beret sniper turned serial information to judges and juries will be discussed. Veterans, PTSD, Adrenaline Addiction

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 726

* Presenting Author

Jurisprudence Section - 2015 F53

Full-Scale Intelligence Quotient Test Scores and the Impropriety of “Ethnic (or Socio-Economic) Adjustment” in Atkins Cases

Robert M. Sanger, JD*, Sanger Swysen & Dunkle, 125 E De La Guerra Street, Ste 102, Santa Barbara, CA 93101 After attending this presentation, attendees will gain new information regarding developments in epigenetics which relate to the validity of Full-Scale Intelligence Quotient (FSIQ) scores in determining intellectual disability for the purpose of eligibility of a criminal defendant to be executed if otherwise subject to the death penalty. by the courts — most recently, the California Supreme Court — to the effect that the FSIQ scores of African American defendants should

Constitution as held by the United States Supreme Court in the Atkins

accepted by some courts including, most recently, the Supreme Court of California.

research shows that the deviation from the norm is related to socio-economic deprivation which has an unfortunate sociological correlation with race. In other words, race in this context is a proxy for socio-economic deprivation. still be an upward adjustment for defendants (disproportionately African American) who lived in poor socio-economic circumstances. points which, again, permits the government to execute such defendants. people who have suffered childhood abuse, neglect, stress, poverty, and trauma are epigenetic. In fact, exposure to such factors may engender multigenerational epigenetic effects. The lower IQ scores of the cohort of people who have suffered childhood abuse, neglect, stress, poverty, and trauma have a biological basis and therefore a physical limitation on intellectual disability, not a transient behavioral

resulting in changes in the pattern of gene expression. Longitudinal studies have shown that these effects are heritable to children and and to the effects of fetal alcohol spectrum disorder and other insults to the fetus in utero.

in FSIQ scores within the meaning of the Atkins case, preventing execution of the intellectually disabled. This presentation suggests

Death Penalty, FSIQ, Atkins Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 727

* Presenting Author

Jurisprudence Section - 2015

Application Michael Welner, MD*, 224 W 30th Street, Ste 806, New York, NY 10001

WITHDRAWN

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 728

* Presenting Author

Jurisprudence Section - 2015 F55

Sexual Abuse Case Study — Forensic Science and the Age of Social Media

Brian C. Zubel, JD*, PO Box 70, Fenton, MI 48430 The goal of this presentation is to demonstrate the effectiveness of the forensic sciences in identifying fabricated testimony. to potential forensic science issues.

revealed the stories to be impossible. The complainant was 18 years old and living at her parents’ home after graduation from high school. One day, she appeared at a sheriff’s department substation accompanied by two friends. One of the friends advised that the complainant had been sexually ® messages in which the complainant described being raped. The

®

account and more than 5,000 pages of records were produced.

family home on a daily basis over a period of one-and-one-half years.

The prosecution proceeded to preliminary examination. The complainant’s testimony was contradictory, but the matter was bound over for trial on several counts of sexual assault. The defense investigation then focused on the details contained in the text messages. missed more than two consecutive days of school. ®

®

searched by police, no prescription drugs had been found.

assault having occurred in the complainant’s bedroom, the family room, and basement. Reports from the defense experts were furnished to the prosecution. The prosecutor met with the complainant and discussed the forensic psychiatrist to assist in crafting the cross-examination of the complainant. In testing the credibility of witnesses, attorneys would do well to consider all the tools of forensic science at their disposal. The proactive employment of forensic science professionals gives lawyers the power to expose fabricated testimony that might otherwise go undetected. Fabricated Testimony, Biological Stain Detection, Neuropsychopharmacology

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 729

* Presenting Author

Jurisprudence Section - 2015 F56

Digital Evidence 101 — The Evidentiary Value of Digital Evidence: The Impact of Digital Evidence on the Investigation and Brief of Evidence

Paul Reedy, BS*, DC Department of Forensic Sciences, 401 E Street, SW, Washington, DC 20024 The goal of this presentation is to assist the forensic science community in understanding recent developments in information and communications technology, its use by perpetrators and victims in the context of criminal activity, and its evidentiary value in investigations and criminal proceedings. This presentation will impact the forensic science community by providing attendees with a practical understanding of the role of information technology in various criminal activities plus anticipation of possible future directions. Information (and communications) technology is ubiquitous to modern human existence. It follows that this technology is involved in nearly every facet of human activity, including criminal activity, whether it is simply the act of a person carrying a phone, a computer used to transact business, or a device that informs about an individual’s state of mind and interests. Consequently, any investigation of

It is no secret that information technology evolves at a rapid rate with the occasional revolution thrown in for good measure.

an understanding of the evidence under examination. The challenge for the prosecutor is to understand the probative value of the evidence and to ensure that it is presented in a manner that is easily understood by the court. in the forensic examination that lead the conclusions, and to identify alternative credible hypotheses based on the available evidence.

Digital, Evidentiary, Case

Copyright 2015 by the AAFS. Unless stated otherwise, noncommercial photocopying of editorial published in this periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than photocopying must be obtained by AAFS. 730

* Presenting Author

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