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2.
Sud Med Ekspert ; 62(6): 14-17, 2019.
Artigo em Russo | MEDLINE | ID: mdl-31825326

RESUMO

The article deals with the problem of elaborating rules how to determine violent sexual assaults depending on the injury caused. The rules have been determined by means of studying criminal case files, research works in criminal law, aspects of medicine and forensic expert activities, and by comparing of possible situations and the approaches towards the determining of crimes which existed in the theory of criminal law. It is determined that the character and the degree of harm to the health resulting from criminal assault or violent sexual assaults impact the differentiation of criminal liability.


Assuntos
Criminosos , Delitos Sexuais , Ferimentos e Lesões , Crime , Direito Penal , Medicina Legal , Humanos
3.
Wiad Lek ; 72(11 cz 1): 2161-2166, 2019.
Artigo em Inglês | MEDLINE | ID: mdl-31860865

RESUMO

OBJECTIVE: Introduction: Legal liability for medical negligence should contribute to the protection of patients' rights to life and health. At the same time, unreasonably strict sanctions against physicians should be analyzed much closely. More balanced model of such liability requires serious in-depth research. The aim of the article is to stimulate discussion about the necessity to improve the criminal legislation and judicial practice of criminal liability execution. PATIENTS AND METHODS: Materials and methods: This study is based on the analysis of international law, WHO documents, jurdicial practice and statistics, criminal and medical law legal doctrine (29 laws and papers, 97 court judgments were analyzed). Dialectical, comparative, analytic, synthetic and system analysis research methods were used, also for interpretation purposes. CONCLUSION: Conclusions: An effective legal mechanism should ensure the timeliness and thoroughness of the investigation and prosecution of each case of medical negligence to prevent the recurrence of such consequences in the future. Legal liability (civil, disciplinary or criminal) for medical negligence is a necessary part of this mechanism. The inevitability of criminal punishment rather than its severity should be recognized as a core for the medical negligence prevention concept. That's why the long-term imprisonment for medical negligence as a form of punishment should be recognized as socially unreasonable, it cannot improve the protection of patients' life and health but leads to significant negative social complications instead.


Assuntos
Imperícia , Direito Penal , Humanos , Responsabilidade Legal , Direitos do Paciente
6.
Tidsskr Nor Laegeforen ; 139(15)2019 10 22.
Artigo em Norueguês | MEDLINE | ID: mdl-31642627

RESUMO

BACKGROUND: The policy on drug use is currently undergoing significant change. This article examines how the view of addiction to illegal drugs changed in the first 30 years after the advent of 'the drug problem' in Norway. MATERIAL AND METHOD: We performed a search in Oria, bokhylla.no and various databases on the history of illegal drugs in Norway, with an emphasis on the period from 1960-90, with white papers from 1976 and 1986. RESULTS: Until the mid-1960s, Norway had very few opiate abusers. This generally concerned abuse of medically prescribed drugs, and was perceived as an internal problem for the health services. The youth counterculture in the late 1960s brought the recreational use of illegal substances to Norway, leading to major concern on the part of the public authorities. 'The drug problem' was now perceived as a significant societal problem, with social and societal causal explanations, and was therefore the subject of a white paper (1976). The next white paper (1986) put forward the ideal of a 'drug-free society' for the first time, with the purpose of general deterrence and strict sentencing as important instruments. INTERPRETATION: From the early 1960s until the late 1980s, the 'drug problem' was perceived in different ways. At the start of the period, it was formulated primarily as a medical problem. From the late 1960s, it was seen first and foremost as a social problem caused by changes in society, whereas from the late 1970s until the late 1980s, control measures constituted the most important instrument to address the problem.


Assuntos
Transtornos Relacionados ao Uso de Substâncias/história , Direito Penal/história , Usuários de Drogas/história , Política de Saúde/história , História do Século XX , Humanos , Noruega , Transtornos Relacionados ao Uso de Opioides/história , Medicina Social/história
7.
BMC Infect Dis ; 19(1): 913, 2019 Oct 29.
Artigo em Inglês | MEDLINE | ID: mdl-31664910

RESUMO

BACKGROUND: Self-reported antiretroviral therapy (ART) adherence measures that are associated with plasma viral load (VL) are valuable to clinicians and researchers, but are rarely examined among groups vulnerable to dropping out of care. One-seventh of all those living with HIV pass through incarceration annually and criminal-justice (CJ) involved people living with HIV (PLH) are vulnerable to falling out of care. We examined the association of self-reported ART adherence with VL in a criminal-justice sample compared to a routine-care sample. METHODS: Samples: We examined data from a multisite collaboration of studies addressing the continuum of HIV care among CjJ involved persons in the Seek, Test, Treat, and Retain cohort. Data pooled from seven CJ- studies (n = 414) were examined and compared with the routine-care sample from the Centers for AIDS Research Network of Integrated Clinical Systems' seven sites (n = 11,698). MEASURES: In both samples, data on self-reported percent ART doses taken were collected via the visual analogue scale adherence measure. Viral load data were obtained by blood-draw. ANALYSIS: We examined the associations of adherence with VL in both cohorts using mixed effects linear regression of log-VL, and mixed effects logistic regression of binary VL (≥ 200 copies/mL) outcomes. Interactions by CD4 count and self-reported health status were also tested. RESULTS: Among the CJ sample, the coefficient for log-VL was - 0.31 (95% CI = - 0.43, - 0.18; P < 0.01) and that in the routine-care sample was - 0.42 (95% CI = - 0.45, - 0.38; P < 0.01). For the logistic regression of binary detectable VL on 10% increments of adherence we found the coefficient was - 0.26 (95% CI = - 0.37, - 0.14; P < 0.01) and in the routine-care sample it was - 0.38 (95% CI = - 0.41, - 0.35; P < 0.01). There was no significant interaction by CD4 count level in the CJ sample, but there was in the routine-care sample. Conversely, there was a significant interaction by self-reported health status level in the criminal-justice sample, but not in the routine-care sample. CONCLUSIONS: The visual analogue scale is valid and useful to measure ART adherence, supporting treatment for CJ- involved PLH vulnerable to falling out of care. Research should examine adherence and VL in additional populations.


Assuntos
Terapia Antirretroviral de Alta Atividade , Criminosos , Adesão à Medicação , Autorrelato , Carga Viral , Adulto , Antirretrovirais/uso terapêutico , Contagem de Linfócito CD4 , Estudos de Coortes , Direito Penal , Feminino , HIV/metabolismo , Infecções por HIV/tratamento farmacológico , Nível de Saúde , Humanos , Modelos Logísticos , Masculino , Pessoa de Meia-Idade , Adulto Jovem
8.
J Forensic Leg Med ; 68: 101872, 2019 Nov.
Artigo em Inglês | MEDLINE | ID: mdl-31600636

RESUMO

Under EU Law, Member States are compelled to engage in reciprocal automated forensic DNA profile exchange within the so-called Prüm system. Presently, 25 operational EU Member States exchange DNA data within the Prüm system to combat terrorism and cross-border crime. This article discusses the perceived risks and benefits of the Prüm system on the basis of a set of 37 interviews conducted in 22 EU countries, with 47 professionals operating the system (the National Contact Points - NCPs). The perceived benefits relate to the intensification of tools for combating transnational criminality; development of standardisation and harmonisation of forensic DNA testing procedures; and reinforcement of professional cooperation. The perceived risks are associated to the possibility that individuals may be prosecuted on the basis of false positives; the lack of available data to measure the effectiveness of the Prüm system; and the different modus operandi of police forces and judicial authorities. Our results reveal that perspectives on the risks and benefits of the Prüm system significantly vary according to the type of work performed by the NCPs. Our data shows a more complex range of perceived benefits and risks than those suggested in previous studies about the Prüm system.


Assuntos
Direito Penal , Impressões Digitais de DNA , Bases de Dados de Ácidos Nucleicos , Cooperação Internacional , União Europeia , Humanos , Entrevistas como Assunto , Polícia
9.
J Forensic Leg Med ; 68: 101860, 2019 Nov.
Artigo em Inglês | MEDLINE | ID: mdl-31525621

RESUMO

Despite increases in organ donation rates, there continue to be waiting lists for patients in urgent need of transplantation. Where a death occurs under a number of specific circumstances, donation can only proceed where a coroner consents to donation. In deaths that are reportable under the Coroners Act, concerns about compromising autopsy evidence can be barriers to gaining coronial consent for retrieval. OBJECTIVES: This study aimed to identify the impact of organ donation, where it did occur, on coronial processes and on trial proceedings where a criminal trial ensued. Where donation was restricted by the coroner or forensic pathologist we sought to determine whether it would have affected forensic determinations. DESIGN: We retrospectively examined 177 records of reportable deaths referred for organ donation over a four year period in Queensland Australia. We also reviewed records of any criminal proceedings which were commenced in relation to these deaths. RESULTS: There were 10 cases in which the forensic pathologist recommended restrictions to organ donation with the loss of a number of organs to transplantation. There was no case where organ donation altered the outcome of criminal proceedings or significantly impacted cause of death findings. CONCLUSIONS: Organ donation, where permitted, had limited impact on autopsy evidence and any subsequent court proceedings. Where organ donation was not permitted, autopsy evidence did not significantly alter coronial findings or judicial outcomes.


Assuntos
Médicos Legistas , Direito Penal , Doadores de Tecidos , Adolescente , Adulto , Idoso , Autopsia , Criança , Pré-Escolar , Humanos , Lactente , Pessoa de Meia-Idade , Queensland , Estudos Retrospectivos , Obtenção de Tecidos e Órgãos , Adulto Jovem
11.
Forensic Sci Int Genet ; 43: 102157, 2019 11.
Artigo em Inglês | MEDLINE | ID: mdl-31518963

RESUMO

Forensic DNA phenotyping (FDP) is an umbrella term for practices seeking to infer likely phenotypic characteristics based on crime scene DNA. Specifically, it is intended to help criminal investigators find an unknown suspected perpetrator by providing information about what the suspected perpetrator may look like based on the analysis of DNA left at the crime scene. While many purport the usefulness of FDP in this regard, its probabilistic nature, as well as its ability to disclose information about an individual that may be considered private raises a range of ethical and social concerns. This paper reports findings from interviews with thirty civil society stakeholders across nine European countries. Our findings reflect the wide variation of views in Europe regarding if, when and/or how the technology should be used in the criminal justice system, and we illustrate this by presenting the different ways in which our participants strike a balance between the potential usefulness of the technology, and the various ethical and social considerations.


Assuntos
Genética Forense/ética , Genética Forense/legislação & jurisprudência , Fenótipo , Direito Penal , Europa (Continente) , Humanos , Probabilidade , Medição de Risco
12.
Crim Behav Ment Health ; 29(4): 207-217, 2019 Aug.
Artigo em Inglês | MEDLINE | ID: mdl-31478274

RESUMO

BACKGROUND: Care pathway approaches were introduced into health care in the 1980s and have become standard international practice. They are now being introduced more specifically for health care in the criminal justice system. Care pathway delivery has the theoretical advantage of encouraging a whole-systems approach for health and social care within the criminal justice system, but how well is it supported by empirical evidence? AIMS: The aim of this study is to review the nature and extent of evidence streams supporting health care delivery within interagency pathway developments since 2000. METHOD: We used an exploratory narrative method to review the nature and extent of evidence streams supporting health care delivery within interagency pathway developments since 2000. The available literature was reviewed using a keyword search approach with three databases: PubMed, Medline, and Google Scholar. FINDINGS: Research in this field has covered police custody, courts, prisons, and the wider community, but there is little that follows the entire career through all these elements of offender placement. Main themes in the research to date, regardless of where the research was conducted, have been counting the disorder or the need, development and evaluation of screening tools, and evaluation of clinical intervention styles. Most evidence to date is simply observational, although the possibility of conducting randomised controlled trials of interventions within parts of the criminal justice system, especially prisons, is now well established. CONCLUSIONS: Access to health care while passing through the criminal justice system is essential because of the disproportionately high rates of mental disorder among offenders, and the concept of structured pathways to ensure this theoretically satisfying, but as yet empirically unsupported. Further, substantial cuts in services, generally following government economies, are largely unresearched. Considerable investment in new possibilities, driven by both pressure groups and government, tend to be informed by good will and theory rather than hard evidence and are often not evaluated even after introduction. This must change.


Assuntos
Direito Penal , Criminosos/psicologia , Assistência à Saúde/organização & administração , Acesso aos Serviços de Saúde , Transtornos Mentais/terapia , Serviços de Saúde Mental/organização & administração , Saúde Mental , Humanos , Aplicação da Lei , Transtornos Mentais/diagnóstico , Transtornos Mentais/psicologia , Polícia/organização & administração , Prisioneiros/psicologia , Prisões
13.
Crim Behav Ment Health ; 29(4): 196-206, 2019 Aug.
Artigo em Inglês | MEDLINE | ID: mdl-31478288

RESUMO

BACKGROUND: A small proportion of every nation's young people become sufficiently antisocial to come into contact with the criminal justice system. Many also have disorders of mental health or emotional well-being. Although countries vary in designating age of criminal responsibility, all must provide services for offenders, perhaps as young as 10, both to help them and safeguard their peers and the wider public. AIM: The aim of this article is to map the range of research required to support the development of satisfactory services for young mentally disordered offenders and identify knowledge gaps from a practitioner's perspective. METHODS: Using a public health prevention framework, we identified the main streams of research pertinent to young, mentally disordered offenders and sought examples of each to consider the extent to which they have been used to inform service development in England. FINDINGS: As in most countries, service development seems first driven by unusual, newsworthy cases. Overall, however, current English provision follows sound primary, secondary, and tertiary prevention principles with parallel tiers of service, including public health initiatives. Primary prevention and more specific treatments are likely to be informed by research findings, but service structure tends to emerge from a wider review base, including criminal justice, social and educational practitioner reviews, and also politics. Thus, services and populations of service users may change in advance of research evidence. Substantial reduction in numbers of young offenders in prison in England, for example, is clearly good in principle, but the intensity of need in the residual group is posing new challenges to which there are, yet, few answers. CONCLUSIONS: Although the last 15 years of coordinated service development in England has been broadly theoretically based, it has not been systematically assessed to establish what works best for whom. New problems emerging, such as new drugs of misuse, and new opportunities, such as technology for supporting and monitoring, require model studies. More research focusing on correlates of success is essential.


Assuntos
Criminosos/psicologia , Psiquiatria Legal , Transtornos Mentais/diagnóstico , Serviços de Saúde Mental/organização & administração , Saúde Mental , Adolescente , Direito Penal , Inglaterra , Feminino , Humanos , Masculino , Transtornos Mentais/psicologia , Transtornos Mentais/terapia
14.
Crim Behav Ment Health ; 29(4): 247-255, 2019 Aug.
Artigo em Inglês | MEDLINE | ID: mdl-31478306

RESUMO

BACKGROUND: Mentally disordered offenders may suffer discrimination on the basis of mental disorder, or on the basis of being offenders, or both. AIMS: The aim of this paper is to outline a framework for examining discrimination affecting mentally disordered offenders. It is argued that there should be systematic comparisons between offenders with mental disorder and nonoffenders with mental disorder in order to identify and characterise specific failures to ensure equivalence of mental health care; and systematic comparisons between offenders with mental disorder and offenders without mental disorder in order to identify how mental disorder may constitute a barrier to forms of support and constructive intervention available to other offenders. METHODS: A critical review was conducted of official documents presenting criminal justice and mental health policy for England and Wales, principally since 2012, together with reports of inspectorate and oversight bodies and relevant research studies. FINDINGS: There is evidence that offenders with mental disorder may not be able to access mental health care equivalent to that for nonoffenders with mental disorder. There is also evidence that they may not be able to access interventions available to other offenders. Further disadvantage may arise in the criminal courts since, in England and Wales, if inpatient care is required, the powers of criminal courts to effect hospital admission under Part III of mental health legislation are weakened by the statutory requirement of information that places are available. This is discriminatory against offenders with mental disorder insofar as forms of court disposal for other offenders are not prevented by the capacity of criminal justice agencies. CONCLUSIONS AND IMPLICATIONS: The review supports the need for systematic comparisons to identify forms of disadvantage and discrimination experienced by mentally disordered offenders in relation to both mental health and criminal justice policies services.


Assuntos
Direito Penal , Criminosos/psicologia , Transtornos Mentais/psicologia , Serviços de Saúde Mental/legislação & jurisprudência , Saúde Mental/legislação & jurisprudência , Direito Penal/legislação & jurisprudência , Inglaterra , Hospitalização , Humanos , Transtornos Psicóticos , País de Gales
15.
Crim Behav Ment Health ; 29(4): 218-226, 2019 Aug.
Artigo em Inglês | MEDLINE | ID: mdl-31418962

RESUMO

BACKGROUND: The number of older people and their proportion of the prison population in high-income countries is increasing substantially. This pattern is mirrored by the age profile in forensic hospital services, and both trends seem counter to the age-crime curve concept. How do we understand this and what are the mental health needs of this growing group? AIM: The aim of this review is to identify existing research robust enough to inform policy and practice in relation to mental health in older offenders and the knowledge gaps that should drive future research. METHODS: A keyword-based search strategy of the databases Embase, PsychINFO, Medline, and grey literature 2008-2018. Article selection was limited to empirical research with the potential to inform policy or practice and findings synthesised narratively. RESULTS: Much of the research in this field focuses on prevalence and the increased psychiatric morbidity of the older offender population. Older prisoners and those older patients in secure hospitals have needs that differ in some respects from their younger counterparts and community-dwelling older people. There are few studies of interventions for mental health in older prisoners or into the challenges of timely release given their complex needs. Discharge of older individuals from secure settings is also an area where further research is required in order to inform policy and service provision. CONCLUSIONS: The older population in prisons and secure settings is growing, and there is much concern as to how far facilities and services have been able to identify and meet the mental health needs of those of older age. Cooperation between researchers and services and between disciplines will be essential if we are to secure a more robust evidence base in this respect. Engaging service users in such research and considering the whole criminal justice pathway including diversion remains a priority.


Assuntos
Pesquisa Biomédica/tendências , Crime/estatística & dados numéricos , Direito Penal , Criminosos/psicologia , Saúde Mental , Idoso , Idoso de 80 Anos ou mais , Crime/psicologia , Humanos , Masculino , Prisioneiros/psicologia , Prisioneiros/estatística & dados numéricos
16.
Forensic Sci Int ; 302: 109895, 2019 Sep.
Artigo em Inglês | MEDLINE | ID: mdl-31419594

RESUMO

A scent lineup is generally a procedure whereby a dog's alerting behavior is used to establish that the dog detects two scents, one from a crime scene and one from a suspect, as deriving from the same person. The aim of this article is to compare methodologies of using dogs in scent lineups as a means of identifying perpetrators of crimes. It is hoped that this comparative approach, looking at countries where the method is currently or has in the past been used, will help determine what issues should be addressed in order to assure that the scent lineup will have a future as a forensic technique. Participants from eleven countries-Belgium, The Czech Republic, Finland, France, Germany, Hungary, Lithuania, The Netherlands, Poland, Russia, and the U.S.-completed a survey questionnaire regarding key aspects of the scent lineup procedures used by the police in their countries. Although there was broad overlap on certain matters, such as the use of control and zero trials, collection of decoy scents from individuals of similar gender and race as the suspect, materials for holding scent, frequency of cleaning and changing stations, and use and timing of rewards, there were significant differences in the degree of blindness required, who calls an alert (handler or experimenter), and whether handlers can work with more than one dog. The gap between recommendations and results available from the scientific literature and procedures used in police practice was greater for some countries than others, even taking into account that some scientific methodologies might be expensive or impractical given agency resources. The authors make recommendations about how to go forward if scent lineups are to remain a valid forensic technique.


Assuntos
Direito Penal , Cães/fisiologia , Odorantes , Olfato/fisiologia , Animais , Europa (Continente) , Federação Russa , Inquéritos e Questionários , Estados Unidos
18.
Forensic Sci Int ; 304: 109917, 2019 Nov.
Artigo em Inglês | MEDLINE | ID: mdl-31421921

RESUMO

The estimation of the age of majority is crucial to determine the legal accountability of an individual. With this purpose, the analysis of the dental development process has proven to be an effective, elucidatory method. This study investigated the applicability of the Third Molar Maturation Index (I3M), proposed by Cameriere et al. (2008), to estimate the age of majority in a sample of Northeastern Brazilians using panoramic radiographs. Adobe® Photoshop® CS4 (Adobe Systems Incorporated, San Jose, California, USA) software was used to obtain the I3M index measurements in a sample of radiographs from a dental radiology clinic located in Northeastern Brazil. Radiographs of individuals aged between 14 and 23 years were included in the sample, except if showing absence, distortions, pathological alterations or suspected pulp impairment of the tooth #38 (third lower left molar), as the method applies exclusively to this element. Of the total sample of radiographs previously obtained for diagnostic and/or orthodontic purposes (n=394), 185 were from males and 209 from females, of which 217 corresponded to 18 year-olds or older and 177 were from minors. Logistic regression and predictive values of sensitivity, specificity and Receiver Operating Characteristic (ROC) curve (α=0.05) were used. The cutoff point originally proposed for the I3M index (0.08) presented a sensitivity of 88.4% and a specificity of 73.2%, with accuracy (area under the ROC curve) of 80.8% (95%CI: 76.4-85.3%) for the Northeastern Brazilian population, as well as a correct age classification in 80.2% of the sample. The method estimated accurately 73.7% of the cases corresponding to "18 years or older" and 88.1% of the cases "under 18years" (p=0.000). Among the sexes, the correct age classification rate of the method was 84.3% for males and 76.6% for females, with no statistically significant difference between the match and error rates and between the sexes (p≥0.05). In conclusion, the Third Molar Maturation Index could accurately distinguish the age of adolescents and young adults of both sexes aged 18 years or under/older in a Brazilian population.


Assuntos
Determinação da Idade pelos Dentes/métodos , Dente Serotino/diagnóstico por imagem , Dente Serotino/crescimento & desenvolvimento , Ápice Dentário/diagnóstico por imagem , Ápice Dentário/crescimento & desenvolvimento , Adolescente , Brasil , Direito Penal , Feminino , Humanos , Masculino , Valor Preditivo dos Testes , Radiografia Panorâmica , Estudos Retrospectivos , Sensibilidade e Especificidade , Adulto Jovem
19.
AIDS Behav ; 23(Suppl 3): 233-241, 2019 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-31313094

RESUMO

In the 1980s, human immunodeficiency virus (HIV) criminalization laws became widespread across the United States. Today, such laws continue to be used to prosecute people living with HIV for a variety of behaviors though there is limited evidence that doing so curbs HIV transmission. HIV criminalization remains understudied, especially in the Deep South. Therefore, the purpose of this paper was to trace the emergence, maintenance, and enforcement of HIV criminalization laws in South Carolina-a Southern state disproportionately burdened by HIV. Specifically, Nexis Uni and other criminology databases were used to identify HIV-related laws and criminal cases in South Carolina. Results indicate that the state's criminalization laws have remained nearly unchanged for over 30 years and continue to be used to prosecute individuals, a majority of whom are African-American. Findings support the need to reconsider HIV-related laws and devote more efforts to studying the impact of HIV criminalization on the Southern epidemic.


Assuntos
Crime/legislação & jurisprudência , Direito Penal/história , Infecções por HIV/epidemiologia , Infecções por HIV/transmissão , Política de Saúde/legislação & jurisprudência , Saúde Pública/legislação & jurisprudência , Adulto , Direito Penal/legislação & jurisprudência , Criminosos , Infecções por HIV/psicologia , História do Século XX , Humanos , Comportamento Sexual , South Carolina/epidemiologia
20.
Forensic Sci Int ; 302: 109870, 2019 Sep.
Artigo em Inglês | MEDLINE | ID: mdl-31302414

RESUMO

This article seeks to assess the prospects of UK forensic science and technology in a post-Brexit world by analysing four interlocking issues: Brexit itself, the evolution of national criminal justice organisational and funding priorities, the increasing interrelationship of science and technology in the forensic domain and the relatively disadvantaged place of forensic science and technology within the contemporary 'scientific state' paradigm. The results are generally pessimistic for the likely future of forensic science. This conclusion is reinforced by scepticism about the wisdom of proceeding with Brexit. The article is structured to identify the potential implications of British political decisions on its national forensic science capabilities and capacity. Some aspects of the analysis are likely to have a wider resonance for international discourse about the future sustainability of forensic science and technology, however, particularly the interface between the globalisation of science and technology with justice.


Assuntos
Ciências Forenses/organização & administração , Ciências Forenses/tendências , Política , Direito Penal , Previsões , Humanos , Cooperação Internacional , Reino Unido
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