Medicolegal assessment of human trafficking victims. Descriptive study of a series of forensic cases in Catalonia (Spain)

BACKGROUND AND OBJECTIVE

Human trafficking or contemporary slavery is the recruitment and transfer of people by force or deception for sexual, labour or other types of exploitation. Although the violence, abuse and deprivation that trafficking entails are a threat to the health of its victims, in Spain the clinical or forensic data available in this regard is scarce. At the Institute of Legal Medicine and Forensic Sciences of Catalonia (IMLCFC), a unit specialized in the forensic assessment of these victims was created. The objective of this work was to describe a series of forensic cases of trafficking victims.

MATERIAL AND METHOD

Retrospective study of victims in judicial cases opened for an alleged crime of human trafficking registered in the IMLCFC until 06/30/2023.

RESULTS

57 different victims were registered. The majority were women (71.9%). The average age was 30.5 years (s.d. 10.31). All the victims were foreigners, mostly from Latin America (45.5%). The exploitation was mainly sexual (61.4%). There were some sociodemographic differences and in the conditions and consequences of trafficking between victims of sexual exploitation and the rest. Mental health problems were very common in all victims at the time of the assessment (87.5%).

CONCLUSIONS

The consequences of trafficking on health, especially mental health, are notable and the forensic assessment of victims is valuable in judicial proceedings. It is necessary to deepen our knowledge of the phenomenon in our environment.

Added value of neurotechnology for forensic psychiatric and psychological assessment

The attention for neuroscience in relation to criminal behavior is growing rapidly, and research shows that neurobiological factors have added value to the understanding of psychological and social factors in explaining delinquency. There is evidence that neurotechnology can be used in criminal justice and may be of relevance for forensic psychiatric and psychological assessment. However, the question is whether scientific knowledge of neurobiological factors is applicable in daily practice of forensic assessment. Incorporation of basic technologies, e.g., psychophysiology (heart rate, skin conductance, wearables), hormonal measures (cortisol, testosterone), and neuropsychological testing might be evident, since they can be applied relatively easy. Moreover, a body of research shows the additive value of these technologies in this field. In addition, first steps are taken to apply these technologies in individual diagnostics, treatment, and risk assessment. Complex neurotechnologies like functional MRI (e.g., brain reading) and EEG show potential to be applicable in criminal justice, once it is known what additional information these indices offer for individual cases.

The detection of malingering in whiplash-related injuries: a targeted literature review of the available strategies

OBJECTIVE

The present review is intended to provide an up-to-date overview of the strategies available to detect malingered symptoms following whiplash. Whiplash-associated disorders (WADs) represent the most common traffic injuries, having a major impact on economic and healthcare systems worldwide. Heterogeneous symptoms that may arise following whiplash injuries are difficult to objectify and are normally determined based on self-reported complaints. These elements, together with the litigation context, make fraudulent claims particularly likely. Crucially, at present, there is no clear evidence of the instruments available to detect malingered WADs.

METHODS

We conducted a targeted literature review of the methodologies adopted to detect malingered WADs. Relevant studies were identified via Medline (PubMed) and Scopus databases published up to September 2020.

RESULTS

Twenty-two methodologies are included in the review, grouped into biomechanical techniques, clinical tools applied to forensic settings, and cognitive-based lie detection techniques. Strengths and weaknesses of each methodology are presented, and future directions are discussed.

CONCLUSIONS

Despite the variety of techniques that have been developed to identify malingering in forensic contexts, the present work highlights the current lack of rigorous methodologies for the assessment of WADs that take into account both the heterogeneous nature of the syndrome and the possibility of malingering. We conclude that it is pivotal to promote awareness about the presence of malingering in whiplash cases and highlight the need for novel, high-quality research in this field, with the potential to contribute to the development of standardised procedures for the evaluation of WADs and the detection of malingering.

[Assessment of competency to stand a trial and the use of remote information and communication techniques in the argentine Justice]

The COVID-19 has changed the way of working of forensic doctors, and the use of Information and Communication Technologies (ICTs) has gained relevance. But its implementation, for psychiatric-forensic evaluations, should comply with standards endorsed by the scientific community. Psycho-legal instruments are necessary in order to determine the procedural capacity of an accused person to stand trial. In the Justice of the Autonomous City of Buenos Aires (CABA), virtual proceedings are carried out, as the National Government decreed the obligatory social lockdown. In the case of the criminal jurisdiction, web platforms and electronic notifications are used for the processing of legal cases. However, in the practice of forensic medicine, there are difficulties in the use of ICTs to determine a person's capacity for criminal prosecution.

Civil Forensic Evaluation in Psychological Injury and Law: Legal, Professional, and Ethical Considerations

Psychologists who work as therapists or administrators, or who engage in forensic practice in criminal justice settings, find it daunting to transition into practice in civil cases involving personal injury, namely psychological injury from the psychological perspective. In civil cases, psychological injury arises from allegedly deliberate or negligent acts of the defendant(s) that the plaintiff contends caused psychological conditions to appear. These alleged acts are disputed in courts and other tribunals. Conditions considered in psychological injury cases include posttraumatic stress disorder, depression, chronic pain conditions, and sequelae of traumatic brain injury. This article outlines a detailed case sequence from referral through the end of expert testimony to guide the practitioner to work effectively in this field of practice. It addresses the rules and regulations that govern admissibility of expert evidence in court. The article provides ethical and professional guidance throughout, including best practices in assessment and testing, and emphasizes evidence-based forensic practice.

Performance Validity Testing in Justice-Involved Adults with Fetal Alcohol Spectrum Disorder

OBJECTIVES

A number of commonly used performance validity tests (PVTs) may be prone to high failure rates when used for individuals with severe neurocognitive deficits. This study investigated the validity of 10 PVT scores in justice-involved adults with fetal alcohol spectrum disorder (FASD), a neurodevelopmental disability stemming from prenatal alcohol exposure and linked with severe neurocognitive deficits.

METHOD

The sample comprised 80 justice-involved adults (ages 19-40) including 25 with confirmed or possible FASD and 55 where FASD was ruled out. Ten PVT scores were calculated, derived from Word Memory Test, Genuine Memory Impairment Profile, Advanced Clinical Solutions (Word Choice), the Wechsler Adult Intelligence Scale - Fourth Edition (Reliable Digit Span and age-corrected scaled scores (ACSS) from Digit Span, Coding, Symbol Search, Coding - Symbol Search, Vocabulary - Digit Span), and the Wechsler Memory Scale - Fourth Edition (Logical Memory II Recognition).

RESULTS

Participants with diagnosed/possible FASD were more likely to fail any single PVT, and failed a greater number of PVTs overall, compared to those without FASD. They were also more likely to fail based on Word Memory Test, Digit Span ACSS, Coding ACSS, Symbol Search ACSS, and Logical Memory II Recognition, compared to controls (35-76%). Across both groups, substantially more participants with IQ <70 failed two or more PVTs (90%), compared to those with an IQ ≥70 (44%).

CONCLUSIONS

Results highlight the need for additional research examining the use of PVTs in justice-involved populations with FASD.

Forensic assessment may be based on common sense assumptions rather than science

Forensic assessments must be scientifically founded, because courts should obtain expert evidence with acceptable evidential value. In Slovenia, professional guidelines of forensic personality assessment are too general and not always in line with international professional recommendations. Thus, experts have no strict guidelines which would lead them to scientifically grounded expert opinions. The aim of the research was to establish which tests are employed in forensic assessment in Slovenia and to what extent the professional guidelines for expert opinions are followed. A total of 166 forensic personality assessments were reviewed, representing the majority of expert opinions issued in the period 2003-2018. The results of the analysis revealed that questionable projective tests are most commonly used. Typically, an expert opinion was rendered based on two tests, at least one of which was projective. What is more, expert opinions did not include hypotheses, in-text citations, reference lists, or proof of the expert witness's competence. The tests and their results were mentioned briefly and inadequately, without mention of their reliability and validity. Possible malingering of the person being evaluated was not detected. Professional guidelines were not followed and non-standardized tests without normative values and of questionable scientific merit were predominantly used, despite lack of proof that they truly measure what they claim to be measuring. These findings significantly differ from the results of similar research, raising serious concerns over the credibility of expert opinions in Slovenia.

Bruise detection and visibility under alternate light during the first three days post-trauma

INTRODUCTION

Cutaneous bruises are often hard to detect particularly on individuals with a darker complexion. Researchers and federal agencies have recommended the use of alternate light to aide in the assessment of subtle injury. However, studies are limited in their evaluation of wavelength performance during the first few days of bruise healing. The purpose of this pilot study was to examine whether an alternate light source (ALS) improves detection of bruises when compared to normal light typical of clinical practice during the first three days following induction.

METHODS

A sample of eight healthy adults between 22 and 36 years of age with diverse skin color were recruited for this study. One bruise was induced on each participant by dropping a 4-oz (113g) steel ball through a 5-ft (1.5 m) vertical pipe onto the anterior surface of the forearm. Using the ALS, bruises were assessed under 14 different combinations of ultraviolet and short narrowband visible wavelengths and filters along with overhead fluorescent "examination" lighting. Participants were examined 3 to 4 times per day at approximately 4-h intervals for three consecutive days post induction.

RESULTS

Repeated bruise assessments on 8 subjects resulted in 59 bruise assessments and 885 total observations under the different wavelengths and filters combinations. A bruise was detectable in 46 (78%) of the assessments, with bruise ages ranging from 30 min to 57 h. Twenty (34%) bruises not detectable under normal light were visible with ASL. Multilevel modeling revealed a strong association between time and detection for shorter wavelengths, such as 365 nm (ultraviolet) and 450 nm.

CONCLUSION

The results of our study suggest alternate light is more likely to detect faint bruises than normal lighting during the first three days post injury. However, more research is needed to determine which wavelengths and filter combinations are most effective during that time frame.

Assessing Paraphilic Interests Among Women Who Sexually Offend

PURPOSE OF REVIEW

We examine the state of scientific research on the assessment of paraphilic interests among women who have committed sexual offences.

RECENT FINDINGS

Research on the assessment of sexual interests in women using genital measures shows little evidence, overall, that women's genital responses are indicative of sexual interests. Some non-genital measures of sexual interest may be a valid indicator of age interests. Very few studies have focused on women who sexually offend. At this time, there is no validated measure that can be used to assess paraphilic interests among women who sexually offend. Much research is needed to determine if some measures (other than self-report) could validly assess a variety of sexual interests in women in general, and women who sexually offend in particular (e.g. interest in children, interest in sexual violence). This research is needed to determine if paraphilic interests are involved in women's motivation for sexual offending, and to determine if such interests are predictive of sexual recidivism.

A Comparison of Performance Validity Measures in Predicting MMPI-2 Lie Scale Results

Objective: This study examined the relationship between tests of performance validity (PVT) and symptom validity (SVT) among claimants undergoing independent neuropsychological evaluations. Previous research comparing PVTs with SVTs has examined symptom validity with respect to overreporting impairment, whereas the current study focused on how PVTs predict underreporting of psychological symptoms and minimization of negative personality characteristics.Method: The sample included 99 claimants presenting with psychological and cognitive complaints who were assessed in a private practice setting. Participants were administered several SVTs (MMPI-2 Lie Scale (L), Superlative Self Presentation Scale (S), Correction Scale (K)) and PVTs, including Reliable Digit Span (RDS), California Verbal Learning Test forced choice recognition, the Victoria Symptom Validity Test (VSVT), and the Test of Memory Malingering (TOMM).Results: Analyses revealed moderate yet significant (p<.001) negative correlations between the L Scale and PVTs with exception of the VSVT. These relationships were substantiated by moderate to large effect sizes (d = 0.56-0.81) when comparing L Scale scores in above and below PVT cutoff conditions. Significant relationships between PVTs and the K and S Scales were not observed. Exploratory analyses revealed that PVT/L Scale relationships were not significantly moderated by presenting concern.Conclusions: Claimants exhibiting invalid PVT performance were more likely to endorse virtuous personality characteristics on the L Scale, supporting the idea that PVT and SVT constructs are interrelated, particularly in the domain of underreporting moral flaws.

Child trafficking and the European migration crisis: The role of forensic practitioners

Trafficking in children is one of the worst forms of human rights violation and is categorised as a serious crime. Children at high risk of becoming victims of trafficking are runaways, children with a history of abuse, and migrant children. Internationally, cases of child trafficking are increasing the most in Europe, which is likely the result of the current migration crisis. In crises, preventing and combating human trafficking needs to be prioritized, considering that the aims of humanitarian action include saving lives, easing suffering and preserving human dignity. The involvement of forensic practitioners in investigations of cases of child trafficking mainly concerning the identification of victims may save lives and certainly alleviate suffering of the child victims and their families searching for them. Moreover, by aiding the prosecution process through thorough documentation and expert reporting forensic practitioners may contribute to the protection, rehabilitation and possibly compensation of the child victims, and thus to the restoration of their rights and dignity. So far, forensic practitioners were rarely specifically mentioned as actors in the counter-trafficking efforts in the multitude of policies, regulations, guidelines and recommendations concerning different aspects of child trafficking. This seems surprising considering that the expertise and experience of practitioners from forensic sciences including cyber forensics, document analysis, forensic biology, anthropology, and medicine can be utilised for gathering intelligence in cases of suspected human trafficking, for identifying the victims as well as perpetrators, and for securing evidence for legal proceedings as this paper shows. While this article mainly discusses the role of forensic pathologists and anthropologists, with a specific focus on the identification of child victims of trafficking in the context of the European migration crisis, the notions regarding the contribution of forensic sciences to the counter-trafficking efforts can be adapted to other geographical and sociopolitical contexts.

Cognitive functioning and adjudicative competence: defendants referred for neuropsychological evaluation in a psychiatric inpatient setting

OBJECTIVE

A paucity of peer-reviewed research exists regarding the relation between cognitive functioning and adjudicative competence, despite increasing awareness of cognitive deficits associated with serious mental illness. This retrospective study sought to add to and expand upon existing research by considering performance validity and court determinations of competence, when available.

METHOD

We compared demographic and cognitive variables of a group of defendants with presumed valid testing admitted to an inpatient psychiatric facility for evaluation of adjudicative competence and referred for neuropsychological evaluation (n = 45) and compared individuals determined by the evaluator and/or the court to be competent (n = 30) and incompetent (n = 15).

RESULTS

Defendants who were incompetent were more likely to be diagnosed with a cognitive disorder, with a medium effect size. There was a difference in tests of immediate and delayed memory as measured by the Repeatable Battery for the Assessment of Neuropsychological Status (RBANS), with medium to large effects, and high delayed memory scores were helpful in ruling out incompetence (Negative predictive power = 85.71%).

CONCLUSIONS

These results provide support for the relationship between cognitive functioning and trial competence, particularly at high and low levels of performance.

Prediction of occupational disability from psychological and neuropsychological evidence in forensic context

Within the fields of psychiatry, psychology, and neuropsychology, medical examiners are often tasked with providing an opinion about an injured individual's health prognosis and likelihood of returning to work. Traditionally, examiners have conducted such assessments by employing clinical intuition, expert knowledge, and judgment. More recently, however, an accumulation of research on factors predictive of disability has allowed examiners to provide prognostications using specific empirically supported evidence. This paper integrates current evidence for four common clinical issues encountered in forensic assessments-musculoskeletal pain, depression, Posttraumatic Stress Disorder, and traumatic brain injury. It discusses an evidence-informed, cross-diagnostic and multifactorial model of predicting disability that is emerging from the literature synthesis, along with recommendations for best forensic assessment practice.

Quality of criminal responsibility reports submitted to the Hawaii judiciary

This paper is the third in a series of research reports on quality of forensic mental health evaluations submitted to the Hawaii judiciary. Previous studies examined quality of reports assessing competency to stand trial (CST) and post-acquittal conditional release, in felony defendants undergoing court-ordered examinations. Utilizing a 44-item quality coding instrument, this study examined quality of criminal responsibility reports in a sample of 150 forensic mental health evaluations conducted between 2006 and 2010 by court-appointed panels. Raters attained high levels of agreement in training and quality coding. Similar to the previous studies, overall quality of reports was mediocre, falling below the .80 quality criterion score for report elements, regardless of evaluator professional identification or employment status. Level of agreement between evaluators and judicial sanity determinations was "fair" using Cicchetti's (1994) standards for interpretation of intra-class correlations. Level of agreement was lower than previously published findings for CST reports and better than conditional release reports. Reasons for mediocre report quality and "fair" inter-rater agreement are discussed, including the fact that criminal responsibility evaluations are complex, retrospective in nature, and involve significant degrees of inference. In contrast to CST evaluations, assessment of criminal responsibility involves a mental state at the time of the offense evaluation. Threats to reliability in forensic reports are discussed. Suggestions for improvement of report quality are proffered, including standardization of procedures and report format and use of forensic assessment instruments.

Statistical association criteria in forensic psychiatry-a criminological evaluation of casuistry

PURPOSE

Identification of potential shared primary psychoprophylaxis and crime prevention is measured by analyzing the rate of commitments for patients-subjects to forensic examination.

MATERIAL AND METHOD

The statistic trial is a retrospective, document-based study. The statistical lot consists of 770 initial examination reports performed and completed during the whole year 2007, primarily analyzed in order to summarize the data within the National Institute of Forensic Medicine, Bucharest, Romania (INML), with one of the group variables being 'particularities of the psychiatric patient history', containing the items 'forensic onset', 'commitments within the last year prior to the examination' and 'absence of commitments within the last year prior to the examination'. The method used was the Kendall bivariate correlation. For this study, the authors separately analyze only the two items regarding commitments by other correlation alternatives and by modern, elaborate statistical analyses, i.e. recording of the standard case study variables, Kendall bivariate correlation, cross tabulation, factor analysis and hierarchical cluster analysis.

RESULTS

The results are varied, from theoretically presumed clinical nosography (such as schizophrenia or manic depression), to non-presumed (conduct disorders) or unexpected behavioral acts, and therefore difficult to interpret.

CONCLUSIONS

One took into consideration the features of the batch as well as the results of the previous standard correlation of the whole statistical lot. The authors emphasize the role of medical security measures that are actually applied in the therapeutic management in general and in risk and second offence management in particular, as well as the role of forensic psychiatric examinations in the detection of certain aspects related to the monitoring of mental patients.