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This article describes a case of a laparoscopic injury and the ensuing litigation. Data from the hospital report and the testimony of witnesses are presented. In the next issue of this Journal, the results of the jury finding will be presented as Part II.
We analysed the files of an Amts- and Landgericht from the years 1982/83. Among about 4000 cases we found 148 condemnations, in which sections 20/21 StGB were discussed. Each offence included 207 variables. 63 cases were left to be evaluated: 10 cases with section 20, 43 cases with section 21, 10 cases with refused section 21. Most of the delinquents lived alone, drank much alcohol very often, were socially unadaptable, previously convicted, unemployed and little qualified. Due to lack of findings of facts and diverging testimonies of psychic findings we found no significant correlation between level of blood alcohol concentration, psychic findings and degree of decreased condemnability.
2 legal cases involving hypnosis have recently been adjudicated by American courts. In Rock v. Arkansas (1987), the United States Supreme Court ruled that the hypnotically elicited testimony of a criminal defendant was admissible in court. This decision was grounded upon the constitutional right of a defendant both to testify, and to call witnesses, on his or her own behalf. Shortly afterwards, citing Rock as a precedent, a Texas Court of Appeals admitted the hypnotically elicited testimony of an eyewitness in Zani v. State (1988), on the grounds that it would be unfair to admit the hypnotically elicited testimony of defendants, and proscribe it for victims and witnesses. It is not clear what effect this doctrine of equity will have upon other North American court cases that involve hypnosis.
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Explore the source record for details and available documents.
Explore the source record for details and available documents.
A book published in 1999 hypothesized that the scientists who worked with the CHAT type 1 attenuated polio strain tested in the former Belgian Congo in the late 1950s had covertly prepared the vaccine in chimpanzee kidney cells contaminated with a simian immunodeficiency virus, which evolved into HIV-1 group M. This paper summarizes the results of the investigation conducted by the author to determine the legitimacy of the accusation. Testimony by eyewitnesses, documents of the time, epidemiological analysis, and ancillary phylogenetic, virologic and PCR data all concur to reject the hypothesis as false and without factual foundation.
Federal Rule of Evidence 704(b) (and state counterparts) bars opinion testimony on the effect of mental state on an element of a crime or defense. The application of the rule involves substantial judicial discretion. As the jurisprudence to date indicates, deceptions to the rule circumvent its application.
Knowledge of legal mechanisms in a medical malpractice case is the defendant physician's power. Truth cannot be compromised; however, information can be displayed in the best light, which requires intense preparation, the best predictor of a successful case presentation.
In the setting of a forensic examination following rape, colposcopy allows practitioners to identify and photograph genital injury not readily visible to the unaided eye, thereby clarifying the location and extent of injury as well as providing evidence for court proceedings. Since the 1980s, the technique once reserved for victims of child abuse has been used across the lifespan and has been shown to identify genital injury in up to 87% of women who have been raped. The role of colposcopic findings as evidence in court testimony, however, remains controversial. This paper explores the history of colposcopy in the rape exam and describes the epidemiology of genital injury in consensual sex as well as rape.
The forensic odontologist has assumed a more visible role in the last decade, having been called upon repeatedly to assist both law enforcement agencies and the judicial system. It has become quite common for dentists to establish the identity of unknown bodies; to quickly and positively identify the victims of mass disasters such as airliner crashes, floods, and earthquakes; as well as to provide testimony in court concerning bite marks or other matters that require dental expertise. Litigation directed at dental defendants for failure to diagnose, properly treat, or obtain valid consent from plaintiff patients is also on the rise. In each of these fields, dentists who have been specially trained in or who have devoted their practices to the dental diagnostic sciences have been looked to widely as experts. This article discusses in detail these areas and others that affect the dental diagnostician.
State Supreme Courts require a minimum threshold of reliability and acceptance in the scientific community for all medical and similar evidence to be admitted at trial. In Florida and some other states, the courts adhere to what is known as the Frye standard, whereas in most states and in Federal Courts, it is the so-called Daubert standard. The jurisdiction of the present case is Hillsborough County (Tampa), Florida. Forensic pathologists seldom, if ever, are requested to participate in such hearings, unlike their toxicological and basic science colleagues who are more involved in research methodology and technical procedures. The burden is on the proponent of the evidence to prove the general acceptance of both the underlying scientific principle of the test and procedures used to apply that principle to the facts of the case at hand. The trial judge has the sole discretion to determine this question and general acceptance must be established by a preponderance of the evidence. The authors describe in detail a hearing in a case in which they were all involved. One author (WQS) had researched and documented the original scientific methodology in the literature. The situation involved a car and tractor trailer crash with the two occupants of the car dying of multiple trauma, whereas the truck driver was not injured. Autopsy of the auto driver revealed multiple injuries with exsanguination, and only vitreous humor and liver tissue, but not blood, were tested for ethyl alcohol. The estate of the driver of the automobile brought suit against the owner of the trucking company for wrongful death. The plaintiff requested a Frye hearing to question the reliability of testing other body specimens to translate to probable blood alcohol level. The testimony, submitted documents, and eventual decision by the judge are discussed.
Community members judged a civil trial in which a memory had either been recovered or kept secret until therapy 12 years later. Female jurors were more likely to find the defendant liable and to compensate female plaintiffs more than male plaintiffs, whereas the reverse pattern held for male jurors. Female plaintiffs who reported recovered memories were compensated least, whereas female plaintiffs who kept the abuse secret were compensated most. A mediational model was posited and results indicated that the origin of the memory of sexual abuse and victim gender influenced assessments of trial testimonies that were related to the trial outcomes. Results supported the postulated model and indicated significant juror-gender differences in evaluating and weighing the evidence.
Ontario's Medical Expert Panel on Duty to Inform was formed to consider the duty of Ontario physicians in circumstances where a patient threatens to kill or cause serious bodily harm to a third party. The panel was concerned about the implications of any duty to inform on the integrity of the physician-patient relationship, particularly with respect to confidentiality. The panel agreed that regulations safeguarding the confidentiality of patient information ought to be changed only if there is a critical reason for doing so, but, after deliberation, the panel members concluded that the need to protect the public from serious risk of harm is a paramount concern that should supersede the duty of confidentiality. The recommendations reported here were endorsed in principle by the panelists and the groups they represented (the Royal College of Physicians and Surgeons of Canada, the Canadian Medical Protective Association, the College of Physicians and Surgeons of Ontario, the Ontario College of Family Physicians and the Ontario Medical Association) and are being implemented by the College of Physicians and Surgeons of Ontario.
Physicians may be asked to provide care to victims of violence. Adequate diagnostic and therapeutic management must be provided. Establishing a detailed medical testimony can substantially influence the judiciary or administrative procedure's outcome. This paper provides guidelines for writing a medical testimony and describes the criteria that physicians need to consider in order to serve at best the interests of their patient within a mutually trustful relationship.
This article considers a legal case presented by the Gore campaign to the Florida Eleventh Circuit Court in December 2000 to contest the election results giving the 25 electoral votes from the State of Florida to George W Bush--basically awarding the presidency to Bush. Consideration is given to the ethical aspects of the testimony of two statisticians, one for Gore and one for Bush, who testified about whether the certified election results rejected a number of legal votes and included a number of illegal votes sufficient to place in doubt the results of the election. It is concluded that neither statistician violated accepted ethical standards of the statistical profession, though the Bush statistician's testimony was at least borderline unethical on certain points. The main problem seems to be with the advocacy principle of the American legal system that leads to the prosecution witnesses testifying narrowly to the truths about the case, whereas the defense witnesses do the same from their viewpoint and also try to belittle the testimony of the prosecution witnesses. All of this makes it difficult to uncover the real truths in the case. The judge's decision was to reject Gore's case and this helped to clear the path to the election of Bush as President of the United States.
This study examined Congressional testimony concerning regulation of tobacco advertising by 3 policy factions representing industry, government, and lay activists. On the basis of the cultural theory of risk, policy disputants were divided into entrepreneurial, bureaucratic, and egalitarian communities, each with a distinct cosmology that impedes discourse among the groups. The authors examined ways in which the 3 policy factions framed the tobacco advertising issues to see the extent to which such unique cosmologies were expressed or whether mutual frames might signal opportunities for negotiation among the interest groups. Major themes in the testimony were identified through semantic network analysis and clustering of associated words that revealed discourse patterns peculiar to each group and reflective of their cultural biases toward health risk. Semantic network analysis can be a tool to clarify these presuppositions and unmask relations among factions, thereby bridging policy solutions across interest groups.
Problems associated with the interpretation of DNA evidence are investigated with reference to measures of uncertainty associated with the presentation of such evidence in an adversarial context. The use of probabilistic arguments associated with expert scientific testimony and cases where DNA evidence has been presented in court are studied. A series of problems were developed for, and given to, forensic medicine students, forensic science students and practitioners (advocates and forensic scientists) in Scotland to investigate their understanding of uncertainty. In the first part, four different methods of presentation of the value of DNA evidence were given to the participants and their responses are described. In the second part, different explanations of the value of DNA evidence as given by experts in court were given to the participants and their responses are described. The authors suggest improvements for the presentation of scientific evidence and for the education of future lawyers and forensic scientists.