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The study aims to determine the theoretical and legal basis for the tactics of interrogation of minors in Kazakhstan, to identify promising areas for improving the legal regulation of interrogation of this category of participants in criminal proceedings in the Republic of Kazakhstan. A comprehensive methodology was employed to analyse the regulatory framework, incorporating systematic, formal legal, and formal logical methods. The study addressed the state of regulatory and legal support for the interrogation of juvenile offenders in Kazakhstan. The study emphasized the need to enshrine the possibility of restricting the participation of a legal representative in criminal proceedings or replacing it completely with another legal representative in cases where participation may harm a minor or adversely affect the course of criminal proceedings. The study formulated recommendations that can be used to improve the legal regulation of interrogation of minors in the Republic of Kazakhstan.
I have been investigating and reporting on image manipulation in the bioscience literature since 2011. During this time, several new tools have emerged to streamline the processes of image analysis and reporting. When presenting and discussing examples of scientific image manipulation, a common question is “how do you find this stuff?” Herein, I outline common software and other utilities — a toolbox for discovery and reporting of problematic scientific images and other data. This may serve as a useful reference for those seeking to enhance the effective removal of problematic papers from the bioscience literature.
The Committee on Missing Persons in Cyprus (CMP) is a bicommunal committee with the mandate to locate and identify the skeletal remains of 2002 persons who were reported missing during the inter-communal fighting of 1963–64, as well as the events of July and August 1974. During the periods of conflict, several archaeological sites and old cemeteries were used as primary burial sites, among several other types of burials, as they were easily accessed by the persons involved in the interment and little effort was needed to conceal the bodies. The relatively large post-mortem interval and the generally poor post-mortem preservation of the skeletal remains poses an additional challenge in the forensic examination process and the identification of the remains, particularly in the absence of a context or other associated artifacts/evidence. Between 2016 and 2020, the CMP has been collaborating with CEDAD to clarify the relevancy of several cases by using radiocarbon dating. The CMP submitted 139 cases to CEDAD out of which 112 were determined as not linked to the 1963–64 and 1974 events and then not relevant for the CMP project. For the remaining samples radiocarbon dating was used to determine death age.
Sexual crimes against children appeared before the courts with a dramatically increasing frequency over the course of the nineteenth century. But these prosecutions did not always translate into successful convictions of sexual offenders, in part due to contradictory and ambivalent understandings of childhood innocence and doctors’ frequent negative findings concerning the physical traces of these crimes. Medicolegal experts routinely cast moral judgements on the children, particularly working-class girls, identified as victims of sexual crimes. Influenced by bourgeois attitudes toward male honor and notions about the perceived immorality of the working class, these doctors warned that children’s accounts of sexual assault could not be trusted and could destroy men’s reputations. By discounting children’s accounts, doctors laid claim to their exclusive ability to evaluate proof of sexual offenses against children. Furthermore, by discrediting children identified as victims of sexual crimes, medical practitioners shaped attitudes toward sexual assault that presented long-lasting challenges to the pursuit of justice.
The Science of Proof traces the rise of forensic medicine in late eighteenth- and nineteenth-century France and examines its implications for our understanding of expert authority. Tying real life cases to broader debates, the book analyzes how new forms of medical and scientific knowledge, many of which were pioneered in France, were contested, but ultimately accepted, and applied to legal problems and the administration of justice. The growing authority of medical experts in the French legal arena was nonetheless subject to sharp criticism and scepticism. The professional development of medicolegal expertise and its influence in criminal courts sparked debates about the extent to which it could reveal truth, furnish legal proof, and serve justice. Drawing on a wide base of archival and printed sources, Claire Cage reveals tensions between uncertainty about the reliability of forensic evidence and a new confidence in the power of scientific inquiry to establish guilt, innocence, and legal responsibility.
In the frame of the IAEA-CRP (Coordinated Research Projects): Enhancing Nuclear Analytical Techniques to Meet the Needs of Forensic Sciences, an intercomparison exercise was organized between three AMS laboratories. Aim of the program is to promote the use of nuclear and accelerator-based techniques in routine forensics practice. In this view, one of the key points is the assessment of the precision and accuracy levels achievable on material of forensic interest. We review the general structure and status of the project, with emphasis on results obtained in the analysis of wines of different grape varieties and grounded coffee beans from different locations such as Brazil, Spain, and Italy. The three laboratories processed the samples according to different chemical protocols and performed the 14C measurements using different systems: MICADAS in Zurich and Debrecen and a HVEE 4130HC 3 MV Tandetron in Lecce. Within the quoted uncertainty, the results showed good reproducibility, indicating that uncertainty level of the order of 0.3% are achieved by AMS on a single sample while multiple sample analyses results in precision down to 0.1–0.2%. The measured 14C concentrations on coffee and wine samples resulted to be consistent with atmospheric 14C levels in the growing years.
In this commentary I focus on the practical forensic applications of the three chapters in this section.Examples from actual cases are provided to demonstrate how this set of research studies are relevant for assessing the reliability of children’s testimony.
The application of accelerator mass spectrometry radiocarbon (AMS 14C) dating in forensics is made possible by the use of the large excursion of the 14C concentration in the post-WWII terrestrial atmosphere due to nuclear testing as a reference curve for data calibration. By this approach high-precision analyses are possible on samples younger than ∼70 years. Nevertheless, the routine, widespread application of the method in the practice of forensics still appears to be limited by different issues due to possible complex interpretation of the results. We present the results of an intercomparison exercise carried out in the framework of an International Atomic Energy Agency (IAEA) CRP-Coordinated Research Project between three AMS laboratories in Italy, Hungary, and Switzerland. Bone and ivory samples were selected with ages spanning from background (>50 ka) to 2018. The results obtained allow us to assess the high degree of reproducibility of the results and the remarkable consistency of the experimental determinations.
The two Sotalia species (the marine S. guianensis and the freshwater S. fluviatilis) have only recently been recognized, and both face several conservation challenges. We investigated the existence of hybridization between the two species in their possible area of sympatry in the Amazon Estuary, in northern Brazil. A fast and cheap PCR-RFLP diagnostic method using nuclear DNA was developed to discriminate between the two species, while allowing the detection of hybrids. All samples that could be identified (N = 51) were identified as S. guianensis, and no hybrids were detected. Our results, coupled with previous mitochondrial data, suggest that S. fluviatilis is not present in the Amazon delta. Thus, sympatry with S. guianensis, if it does occur, may be restricted to upstream areas of the Amazon River.
A patient in a medium secure psychiatric unit with a 19-year history of treatment-resistant schizophrenia and violence whose mental illness only responded to clozapine, was noted to have a sustained tachycardia. Echocardiography revealed mild biventricular cardiomyopathy. The patient was not significantly affected by this. Initial recommendation from Cardiology was to consider discontinuation of clozapine. It was decided, however, that the risk of worsening psychosis and resultant violence outweighed the risk of the patient’s relatively mild cardiomyopathy. The patient was commenced on ramipril, and later bisoprolol. The patient no longer requires treatment in a medium secure unit and has remained on clozapine with follow-up from cardiology.
Introduction: Achieving just outcomes in sexual assault cases is one of the most serious and complex problems facing the health care and justice systems. The objectives of this analysis were to determine the prevalence and correlates of Sexual Assault Evidence Kit (SAEK) completion and release to police among sexual assault cases presenting at the hospital emergency department. Methods: Data for this cross-sectional study come from the Sexual Assault and Partner Abuse Care Program (SAPACP) case registry (Jan1-Dec31, 2015) at The Ottawa Hospital, a unique medical-forensic access point and the only facility offering SAEK collection in Ottawa. Bivariable and multivariable logistic regression models were conducted using odds ratios (OR), adjusted ORs, and 95% confidence intervals (CI). Results: In 2015 406 patients were seen by the SAPACP and 202 (77.10%) were eligible for a SAEK. Among eligible cases, 129 (63.86%) completed a SAEK and only 60 (29.70%) released the SAEK to police for investigation. Youth cases below 24 years of age (AOR:2.23, 95% CI: 1.18-4.23) and presenting within 24h (AOR:0.93-3.40) were the strongest independent factors contributing to SAEK completion. Cases who were uncertain of the assailant (AOR:3.62, 95% CI:1.23-10.67) and assaults that occurred outdoors (AOR:3.14, 95% CI:1.08-9.09) were the cases most likely to release the SAEK to police. Conclusion: Our study has shown high attrition levels along the continuum of care and justice for sexual assault case. Even with access to specialized forensic evidence collection, many do not complete a SAEK and even fewer release the evidence to police for legal investigation.
This article discusses a number of contemporary issues and challenges pertinent to the management of the dead in contemporary armed conflicts and other situations of violence and natural disasters under Islamic law and international humanitarian law. Among the issues and challenges faced by forensic specialists in Muslim contexts at present are collective burial, quick burial of dead bodies, exhumation of human remains, autopsy, burial at sea, and handling of the bodies by the opposite sex. The article concludes that both legal systems have developed rules which aim at the protection of the dignity and respect of dead bodies, and that they complement each other to achieve this protection in specific Muslim contexts. The main objectives of this article are twofold: firstly, to give an overview of the Islamic law position on these specific questions and challenges, in order to, secondly, provide some advice or insight into how forensic specialists can deal with them.
Dr Morris Tidball-Binz is a forensic doctor who joined the International Committee of the Red Cross (ICRC) in 2004 and has since worked for the organization in numerous contexts, helping to develop its novel forensic capacity. Having begun his career with forensic and human rights organizations, he helped pioneer in his native South America the application of forensic science to human rights investigations, particularly the search for the disappeared. He helped create the ICRC's Forensic Unit, of which he was the first Director until early 2017; he then headed the forensic operation for the Humanitarian Project Plan. He is currently the Forensic Manager for the ICRC's new Missing Persons Project. He spoke with the Review to share his insights on the development of humanitarian forensic action and its role in protecting the dead and clarifying the fate of missing persons.
The vulnerability of migrants and the threats to which they are exposed during their journey, on land, at sea, or in countries where they have settled, raise serious humanitarian concerns that cannot be ignored. In view of the transregional nature of migration, the International Committee of the Red Cross (ICRC) and other components of the International Red Cross and Red Crescent Movement (the Movement) draw on their presence all along migration routes to contribute to the humanitarian response and alleviate the suffering of vulnerable migrants. The Movement's proximity to vulnerable migrants through its solid and experienced network of responders along migratory routes is one of its specific advantages. The aim of this article is to explain the ICRC's view on and approach to migration. It underlines that the ICRC's response is dictated by humanitarian needs, and stresses that these needs can be greatly reduced when States abide by their commitments under international law and adopt and implement policies that take into account the protection and assistance needs of migrants. It acknowledges the diverse and complex human realities behind migration and outlines the main protection and assistance concerns of migrants in countries and regions where the ICRC operates.
A radiocarbon (14C) dating technique with accelerator mass spectrometry (AMS) was applied to estimate the year of death and the year of birth of unidentified human remains. Because many of the samples have been preserved in formaldehyde, it was necessary to evaluate the influence of formaldehyde on carbon ages. Samples intentionally preserved in formaldehyde during the known period were measured, and their Δ14C values were compared with results obtained from fresh samples. The influence of formaldehyde on soft tissue was 14 times larger than that on cortical bone. Unfortunately, an effective method for removing the influence of formaldehyde has not yet been found. 14C ages could be obtained only from the samples not preserved in formaldehyde. The years of birth were determined by the ages of the dentin samples, while the years of death were determined by the ages of the bone and soft tissue samples. Multiple sampling from a body provides an advantage in determination of one of two possible ages of a sample obtained using the bomb peak. Victims of the Korean War were ascertained by the year of death. The year of death and the age at death of unidentified bodies were also determined for forensic investigation.
In music copyright infringement cases, forensic musicologists are often called to testify as to whether or not two songs are ‘substantially similar.’ While it is standard practice to rely on experts to dissect the works in question, this is a fairly recent phenomenon. Until the 1950s, it was not the scientific analysis of the pieces, but the impressions they left on the ‘untrained ears’ of everyday listeners that was used to determine copyright infringement. This paper presents an overview of American music copyright infringement cases to document this shift in how the question of substantial similarity has been approached. We argue that the courts’ inability to objectify what listeners hear created the need for experts who could translate music into legal evidence that could be visually witnessed. This practice of judging plagiarism according to how songs look on paper may account for why the courts have viewed musical sampling as copyright violations.
The field of humanitarian action is far from static, and the ICRC has worked over the years to evolve and respond to changing needs and changing circumstances. The past several decades have seen a proliferation of humanitarian actors, protracted, complex conflicts, and the rapid rise of new technologies that have significantly impacted how humanitarian work is done. The ICRC has been continually challenged to adapt in this changing environment, and its core work of supporting separated families – through restoration of family links and through support to the families of the missing – provides insight into ways that it has met this challenge and areas in which it may still seek to improve.
This is a summary of the proceedings of the Conference on the Health Aspects of the Tsunami Disaster in Asia that was convened by the sunami World Health Organization in Phuket, Thailand from 04–06 May 2005. It contains reviews of the experiences of the health sector and early recovery fol following the Earthquake and Tsunami with emphasis onwhat was done well and what could have been done better and the lessons learned that can be incorporated into actions that will mitigate the damage created by future events. It outlines the national and international responses and recovery and the actions taken and not taken by the international community in support of the countries affected. Specific issuesaddressed include: (1) needs assessments; (2) coordi- coordination; (3) filling gaps in essential services, and (4) capacity building at the country level. Each of these aspects is analyzed as to its: (1) appropriateness; (2) adequacy; (3) effectiveness; (4) efficiency; and (5) connectedness.
Much of what occurred provided benefits to the stricen population, but there is substantial room for improvement through implementation of the lessons learned. These lessons must be converted into actions in order to mitigate the damagesustained and to enhance our responses to the damage from future