“Just Bring Us the Real Ones”: The Role of Forensic Crime Laboratories in Guarding the Gateway to Justice for Sexual Assault Victims

2020 ◽  
pp. 088626052095130
Author(s):  
Rebecca Campbell ◽  
Giannina Fehler-Cabral
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The United States ◽  
Rape Myth ◽  
Dna Testing ◽  
Forensic Dna ◽  
Crime Lab ◽  
Rape Kits ◽  
Crime Laboratory ◽  
Forensic Dna Testing

Throughout the United States, hundreds of thousands of sexual assault kits (SAKs; also termed “rape kits”) have never been submitted by law enforcement personnel to a crime laboratory for forensic DNA testing. Prior research indicates that negative stereotypes about victims influence police decisions to submit kits for testing, but forensic crime laboratory personnel may also be involved in SAK submission decisions. The purpose of the current study was to explore the communication and collaboration between police and crime lab personnel regarding SAK submissions within a community with large numbers of unsubmitted rape kits. Drawing from 3 years of ethnographic observations and longitudinal qualitative interviews, we found that the police department’s crime lab did not have sufficient resources to test all rape kits in police custody, which is a problem forensic laboratories are facing throughout the United States. However, we also found that access to this limited resource was controlled by crime lab personnel and their rape myth beliefs about which victims and which cases were considered worthy of the time, effort, and attention of the criminal justice system. Lab personnel emphasized that police should only submit “real” cases for forensic DNA testing, which they typically defined as physically violent stranger-perpetrated sexual assaults; “shady” cases did not merit testing, which they defined as known-offender assaults, reports made by adolescent victims, and cases in which the victim may have been engaged in sex work. We noted marked similarities in police and lab personnel’s rape myth acceptance, and stakeholders readily agreed that they did have a common understanding about which victims were not credible and therefore which SAKs did not merit testing. We discuss these findings in light of recommendations from the National Academy of Sciences for the independence and autonomy of the forensic sciences from law enforcement.

Evaluation of a Victim-Centered, Trauma-Informed Victim Notification Protocol for Untested Sexual Assault Kits (SAKs)

2017 ◽  
Vol 24 (4) ◽  
pp. 379-400 ◽  
Author(s):  
Rebecca Campbell ◽  
Jessica Shaw ◽  
Giannina Fehler-Cabral
Keyword(s):  
Sexual Assault ◽  
Justice System ◽  
The United States ◽  
Emotional Reaction ◽  
Sexual Assaults ◽  
Dna Testing ◽  
Forensic Dna ◽  
Negative Emotional Reaction ◽  
Trauma Informed ◽  
Forensic Dna Testing

Throughout the United States, hundreds of thousands of sexual assault kits (SAKs) have not been submitted by the police for forensic DNA testing, which raises complex issues regarding how victims ought to be notified about what happened to their kits. In this project, we evaluated a victim-centered, trauma-informed victim notification protocol that was implemented in Detroit, Michigan. Most victims (84%) did not have a strong negative emotional reaction to notification, and most (57%) decided to reengage with the criminal justice system. Victims of nonstranger sexual assaults were less likely to reengage postnotification compared with victims of stranger rape.

Dangerous Excursions: The Case against Expanding Forensic DNA Databases to Innocent Persons

2006 ◽  
Vol 34 (2) ◽  
pp. 390-397 ◽  
Author(s):  
Tania Simoncelli
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Juvenile Offenders ◽  
Sexual Offenders ◽  
The United States ◽  
Forensic Dna ◽  
State Laws ◽  
Federal Level ◽  
The Past ◽  
And Storage

Over the past fifteen years, the United States has witnessed an extraordinary expansion in the banking and mining of DNA for law enforcement purposes. While the earliest state laws governing forensic DNA limited collection and retention of DNA samples to sexual offenders – on the theory that these persons were especially prone to recidivism and most likely to leave behind biological evidence – today forty-three states collect DNA from all felons, twenty-eight from juvenile offenders, and thirty-eight from those who commit certain categories of misdemeanors.A few states have expanded their databases beyond convicted criminals. Virginia, Louisiana, Texas, and California have authorized DNA retention from persons merely arrested for various offenses, although to date only Virginia has implemented such a program. At the federal level, an ill-considered statute that allows for the seizure and storage of DNA from anyone arrested and from non-U.S. citizens detained under federal authorities was recently signed into law.

scholarly journals Crime Scene Analysis Through DNA Testing of Canine Feces—A Case Report

2020 ◽  
Vol 10 (1) ◽  
pp. 56-61
Author(s):  
Vishal Somnay ◽  
Thomas Duong ◽  
Ray-Young Tsao ◽  
Joseph A. Prahlow
Keyword(s):  
Case Report ◽  
Epithelial Cells ◽  
Critical Role ◽  
Crime Scene ◽  
Scene Analysis ◽  
Dna Testing ◽  
Forensic Dna ◽  
Forensic Dna Testing ◽  
Positive Results ◽  
Crime Scene Analysis

Forensic DNA testing can play a critical role in homicide investigations. Selecting the appropriate evidence on which to perform DNA testing requires foresight and reasoning based on experience and science. Although successful DNA testing can occur using many substrates, including blood, hair, and sweat/epithelial cells, positive results can also result from testing various unorthodox samples. The authors report on a triple-murder investigation where DNA testing of dog feces at the crime scene matched DNA testing of feces found on the shoe of a suspect resulting in successful prosecution of the case.

Medicaid Not Required to Fund Medically Necessary Abortions

1980 ◽  
Vol 1 (8) ◽  
pp. 3-6
Author(s):  
George J. Annas
Keyword(s):  
United States ◽  
Law Enforcement ◽  
United States Supreme Court ◽  
The United States ◽  
United States Constitution ◽  
Medical Procedures ◽  
Poor Women ◽  
Law Enforcement Agency ◽  
The Individual ◽  
Joint Resolution

In an extraordinary and highly controversial 5-4 decision, the United States Supreme Court decided on June 30, 1980, that the United States Constitution does not require either the federal government or the individual states to fund medically necessary abortions for poor women who qualify for Medicaid.At issue in this case is the constitutionality of the Hyde Amendment. The applicable 1980 version provides:|N]one of the funds provided by this joint resolution shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest when such rape or incest has been reported promptly to a law enforcement agency or public health service, (emphasis supplied)

Racializing Crimmigration

2016 ◽  
Vol 3 (1) ◽  
pp. 82-95 ◽  
Author(s):  
Amada Armenta
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The United States ◽  
Immigration Enforcement ◽  
Law Enforcement Agencies ◽  
Local Law Enforcement ◽  
Local Jail ◽  
Colorblind Ideology ◽  
Local Actors ◽  
Local Law

Deporting “criminal aliens” has become the highest priority in American immigration enforcement. Today, most deportations are achieved through the “crimmigration” system, a term that describes the convergence of the criminal justice and immigration enforcement systems. Emerging research argues that U.S. immigration enforcement is a “racial project” that subordinates and racializes Latino residents in the United States. This article examines the role of local law enforcement agencies in the racialization process by focusing on the techniques and logics that drive law enforcement practices across two agencies, I argue that local law enforcement agents racialize Latinos by punishing illegality through their daily, and sometimes mundane, practices. Investigatory traffic stops put Latinos at disproportionate risk of arrest and citation, and processing at the local jail subjects unauthorized immigrants to deportation. Although a variety of local actors sustain the deportation system, most do not see themselves as active participants in immigrant removal and they explain their behavior through a colorblind ideology. This colorblind ideology obscures and naturalizes how organizational practices and laws converge to systematically criminalize and punish Latinos in the United States.

Contemporary Practice of the United States Relating to International Law

1997 ◽  
Vol 91 (3) ◽  
pp. 493-517
Author(s):  
Marian Nash (Leich)
Keyword(s):  
United States ◽  
Hong Kong ◽  
Law Enforcement ◽  
International Law ◽  
The United States ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Government ◽  
Contemporary Practice

On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.

Building Bridges Between Researchers and Police Practitioners in Small and Midsize Law Enforcement Agencies in the United States

2021 ◽  
pp. 104398622199988
Author(s):  
Janice Iwama ◽  
Jack McDevitt ◽  
Robert Bieniecki
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Local Police ◽  
Police Agencies

Although partnerships between researchers and police practitioners have increased over the last few decades in some of the largest police agencies in the United States, very few small agencies have engaged in a partnership with a researcher. Of the 18,000 local police agencies in the United States, small agencies with less than 25 sworn officers make up about three quarters of all police agencies. To support future collaborations between researchers and smaller police agencies, like those in Douglas County, Kansas, this article identifies challenges that researchers can address and explores how these relationships can benefit small police agencies across the United States.

Force, Fraud, and Coercion—What Do They Mean? A Study of Victimization Experiences in a New Destination Latino Sex Trafficking Network

2016 ◽  
Vol 13 (5) ◽  
pp. 456-476 ◽  
Author(s):  
Lauren Copley Sabon
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Social Constructionism ◽  
Sex Trafficking ◽  
The United States ◽  
Social Forces ◽  
Eastern United States ◽  
Latina Immigrants ◽  
Strict Interpretation ◽  
New Destination

In response to increasing Latino new destination migration in the United States, Latino sex trafficking networks have emerged in many of these areas. This article examines victimization experiences of Latina immigrants trafficked by a regional network operating in the Eastern United States drawn from law enforcement records and interviews with legal actors involved in the criminal case. The stories shared with law enforcement by the Latina victims gives insight into their lives, experiences in prostitution, and the operation of a trafficking/prostitution network (all lacking in the literature). Through the analytical frame of social constructionism, this research highlights how strict interpretation of force, fraud, coercion, and agency used to define “severe forms of trafficking” in the TVPA limits its ability to recognize many victimization experiences in trafficking situations at the hands of traffickers. The forms of coercion used in the criminal enterprise under study highlights the numerous ways it can be wielded (even without a physical presence) and its malleability as a concept despite legal definitional rigidity. The lack of legal recognition of the plurality of lived experiences in which agency and choice can be mitigated by social forces, structural violence, intersectional vulnerabilities, and the actions of others contributes to the scholarly critique of issues prosecuting trafficking cases under the TVPA and its strict legal definitions.

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