scholarly journals Is there an evidentiary basis for shaken baby syndrome? The conviction of Joby Rowe

2020 ◽  
Author(s):  
Christopher B Brook
Keyword(s):  
Forensic Science ◽  
Brain Injuries ◽  
Scientific Evidence ◽  
Head Injuries ◽  
Shaken Baby Syndrome ◽  
Scientific Basis ◽  
Child Homicide ◽  
Forensic Evidence ◽  
Comprehensive Review ◽  
Possible Cause

A comprehensive review of the science pertaining to shaken baby syndrome (SBS), commissioned by the Swedish government and published in 2017, found ‘insufficient’, ‘very low quality’ scientific evidence for diagnosing Shaken Baby Syndrome on the basis of particular brain injuries. The review also found only ‘limited’, ‘low quality’ support for the notion that shaking causes the head injuries associated with SBS, let alone that it is the only possible cause. I review these findings and place them within the Australian judicial context by considering Joby Rowe’s 2018 conviction for child homicide. Rowe’s conviction was reliant upon forensic evidence provided by expert medical witnesses, but crucial aspects of the expert’s opinions lacked a scientific basis and were based instead on confession studies. This case raises fundamental questions for forensic science in Australia, primarily: should forensic evidence be scientific? Or should it appeal to authority?

scholarly journals Brain injury in sports

2016 ◽  
Vol 124 (3) ◽  
pp. 667-674 ◽  
Author(s):  
John Lloyd ◽  
Frank Conidi
Keyword(s):  
Brain Injuries ◽  
Scientific Evidence ◽  
Head Injuries ◽  
Skull Fracture ◽  
Angular Acceleration ◽  
Linear Acceleration ◽  
Impact Testing ◽  
Common Belief ◽  
Percentage Reduction ◽  
Football Helmets

OBJECT Helmets are used for sports, military, and transportation to protect against impact forces and associated injuries. The common belief among end users is that the helmet protects the whole head, including the brain. However, current consensus among biomechanists and sports neurologists indicates that helmets do not provide significant protection against concussion and brain injuries. In this paper the authors present existing scientific evidence on the mechanisms underlying traumatic head and brain injuries, along with a biomechanical evaluation of 21 current and retired football helmets. METHODS The National Operating Committee on Standards for Athletic Equipment (NOCSAE) standard test apparatus was modified and validated for impact testing of protective headwear to include the measurement of both linear and angular kinematics. From a drop height of 2.0 m onto a flat steel anvil, each football helmet was impacted 5 times in the occipital area. RESULTS Skull fracture risk was determined for each of the current varsity football helmets by calculating the percentage reduction in linear acceleration relative to a 140-g skull fracture threshold. Risk of subdural hematoma was determined by calculating the percentage reduction in angular acceleration relative to the bridging vein failure threshold, computed as a function of impact duration. Ranking the helmets according to their performance under these criteria, the authors determined that the Schutt Vengeance performed the best overall. CONCLUSIONS The study findings demonstrated that not all football helmets provide equal or adequate protection against either focal head injuries or traumatic brain injuries. In fact, some of the most popular helmets on the field ranked among the worst. While protection is improving, none of the current or retired varsity football helmets can provide absolute protection against brain injuries, including concussions and subdural hematomas. To maximize protection against head and brain injuries for football players of all ages, the authors propose thresholds for all sports helmets based on a peak linear acceleration no greater than 90 g and a peak angular acceleration not exceeding 1700 rad/sec2.

scholarly journals Challenges of the forensic science facing new technologies.

2021 ◽  
Vol 1 (7) ◽  
pp. 48-61
Author(s):  
Delia Magherescu
Keyword(s):  
Artificial Intelligence ◽  
Forensic Science ◽  
New Technologies ◽  
Scientific Evidence ◽  
Digital Technologies ◽  
Current Paper ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Forensic Evidence ◽  
Criminal Matters

In the era of new technologies, used in the field of criminal justice, the forensic science has passed real challenges facing those means of gathering and administering scientific evidence in criminal proceedings. Artificial intelligence and how it meets the judiciary is a well-known question for the hightech in the field. The current paper aims at analyzing and discussing the features the judicial activity in criminal matters is characterized with during the criminal proceedings. The most important elements of new technologies come to state the consequences that they produce in criminal cases investigated by means of forensic evidence including new digital technologies. In order to achieve the proposed goal of the current paper, certain main purposes have been highlighted, which consist particularly in the procedure of using methods of forensic science for the investigation of crimes, as well as elements of new means of technologies including artificial intelligence. The proposed topic is carried out through qualitative research methods conducted on approaching challenges of the forensic science facing new technologies, combined with in-depth elements of criminal proceedings.

Epilogue

2019 ◽  
pp. 210-216
Author(s):  
Kathleen Bachynski
Keyword(s):  
Cultural Values ◽  
Brain Injuries ◽  
Scientific Evidence ◽  
Head Injuries ◽  
Traumatic Brain Injuries ◽  
Alternative Interpretation ◽  
Return To Play ◽  
Sports Organizations ◽  
Youth Football ◽  
Adult Supervision

Contemporary debates over head injuries in youth football are at a crossroads, with competing framings of the risks of traumatic brain injuries resulting in significantly different potential responses to addressing the sport’s risks. The prevailing framework, shaped in many ways by the NFL and other sports organizations, suggests that improved adult supervision, return-to-play guidelines, better helmet design, and other similar strategies can sufficiently address the risks of youth football. An alternative interpretation of the scientific evidence on sub-concussive hits, however, indicates that the full-body collisions associated with tackling carry inherent risks of brain trauma that cannot be substantially reduced. The cultural values and meanings attached to youth football inform these contemporary debates, as well as the possible future of America’s most popular sport.

scholarly journals The Influence of Microspectroscopy on Evaluating and Analyzing Forensic Evidence

2006 ◽  
Vol 14 (2) ◽  
pp. 6-13 ◽  
Author(s):  
John A. Reffner ◽  
Pauline E. Leary
Keyword(s):  
Solid State ◽  
Forensic Science ◽  
Scientific Evidence ◽  
Burden Of Proof ◽  
Criminal Case ◽  
Forensic Evidence ◽  
Testing Hypotheses ◽  
Additional Information ◽  
Standards Of Evidence ◽  
Forensic Scientists

The evaluation and analysis of evidence using infrared, Raman, and SEM/EDX microprobe methods has advanced forensic science. Forensic science deals with the interaction of science with the law. This interaction requires that certain standards are met before scientific evidence is admitted in either a civil or criminal case. While the Court's burden of proof is different for a civil case than for a criminal case, the standards of evidence admissibility are not. Forensic scientists must defend their methods and conclusions in Court, regardless of whether they are a trace analyst identifying fibers, a drug analyst determining if the white powder found on a suspected criminal was cocaine, or a pharmaceutical researcher discovering new solid-state forms of a drug. Today, microspectroscopy is a primary technology used within all forensic science disciplines to increase the value of evidence. Modern microbeam methods are extending observations, enhancing documentation, providing additional information, aiding deductions, and testing hypotheses. This increase in value of scientific evidence is pivotal in adjudicating both civil and criminal litigation.

Sem/X-Ray Applications to the Forensic Science Field

1976 ◽  
Vol 34 ◽  
pp. 390-391
Author(s):  
K. Culbreth
Keyword(s):  
Forensic Science ◽  
Depth Of Field ◽  
Surface Phenomena ◽  
Criminal Cases ◽  
Forensic Evidence ◽  
Science Field ◽  
X Ray ◽  
Hit And Run ◽  
Evaluation Of Evidence ◽  
Scanning Electron

The introduction of scanning electron microscopy and energy dispersive x-ray analysis to forensic science has provided additional methods by which investigative evidence can be analyzed. The importance of evidence from the scene of a crime or from the personal belongings of a victim and suspect has resulted in the development and evaluation of SEM/x-ray analysis applications to various types of forensic evidence. The intent of this paper is to describe some of these applications and to relate their importance to the investigation of criminal cases.The depth of field and high resolution of the SEM are an asset to the evaluation of evidence with respect to surface phenomena and physical matches (1). Fig. 1 shows a Phillips screw which has been reconstructed after the head and shank were separated during a hit-and-run accident.

The CSI Effect

2017 ◽  
Author(s):  
Jason Chin
Keyword(s):  
Forensic Science ◽  
Burden Of Proof ◽  
High Standard ◽  
Juror Decision Making ◽  
Scholarly Work ◽  
Television Programs ◽  
Forensic Evidence ◽  
Csi Effect ◽  
Real Phenomenon ◽  
Scene Investigation

The CSI Effect posits that exposure to television programs that portray forensic science (e.g., CSI: Crime Scene Investigation) can change the way jurors evaluate forensic evidence. The most commonly researched hypothesis under the CSI Effect suggests that shows like CSI depict an unrealistically high standard of forensic science and thus unreasonably inflate the expectations of jurors. Jurors are thus more likely to vote to acquit, and prosecutors face higher burden of proof. We review (1) the theory behind the CSI Effect, (2) the perception of the effect among legal actors, (3) the academic treatment of the effect, and (4) how courts have dealt with the effect. We demonstrate that while legal actors do see the CSI Effect as a serious issue, there is virtually no empirical evidence suggesting it is a real phenomenon. Moreover, many of the remedies employed by courts may do no more than introduce bias into juror decision making or even trigger the CSI Effect when it would not normally occur (i.e., the self-fulfilling prophesy). We end with suggestions for the proper treatment of the CSI Effect in courts, and directions for future scholarly work.

scholarly journals Structural brain injury in sports-related concussion

2012 ◽  
Vol 33 (6) ◽  
pp. E6 ◽  
Author(s):  
Scott L. Zuckerman ◽  
Andrew Kuhn ◽  
Michael C. Dewan ◽  
Peter J. Morone ◽  
Jonathan A. Forbes ◽  
...  
Keyword(s):  
Brain Injury ◽  
Literature Review ◽  
Brain Injuries ◽  
Case Reports ◽  
Head Injuries ◽  
Health Concern ◽  
Prevalence Data ◽  
Small Series ◽  
Structural Brain

Object Sports-related concussions (SRCs) represent a significant and growing public health concern. The vast majority of SRCs produce mild symptoms that resolve within 1–2 weeks and are not associated with imaging-documented changes. On occasion, however, structural brain injury occurs, and neurosurgical management and intervention is appropriate. Methods A literature review was performed to address the epidemiology of SRC with a targeted focus on structural brain injury in the last half decade. MEDLINE and PubMed databases were searched to identify all studies pertaining to structural head injury in sports-related head injuries. Results The literature review yielded a variety of case reports, several small series, and no prospective cohort studies. Conclusions The authors conclude that reliable incidence and prevalence data related to structural brain injuries in SRC cannot be offered at present. A prospective registry collecting incidence, management, and follow-up data after structural brain injuries in the setting of SRC would be of great benefit to the neurosurgical community.

Scientific basis of the System for Analysis of Validity in Evaluation: The SAVE Metaprotocol.

2021 ◽  
Vol 2 (2) ◽  
pp. 3679-3684
Author(s):  
Antonio Domínguez-Muñoz
Keyword(s):  
Disability Pension ◽  
Scientific Evidence ◽  
Daily Practice ◽  
Scientific Basis ◽  
Third Party ◽  
Significant Advance ◽  
Fraud Triangle ◽  
Clinical Context ◽  
Academic Knowledge ◽  
Flexible Application

There are multiple situations, often related to the administrative or judicial field, in which it is necessary to use a healthy skepticism, to question the validity of an assertion, appealing to the evidence that can prove or disprove it. (Shermer, 2008). From a child custody issue to facing a harsh criminal conviction, to applying for a disability pension or obtaining an indemnity in an insurance context; in all of them, there is the opportunity to use deception for one's own benefit, harming a third party, through fraud. As we know, opportunity, together with prior motivation or incentive and subsequent justification, constitute the classic fraud triangle proposed by Cressey (1961).             This questioning of the validity of the case understood as its accuracy or correspondence with what it pretends to be and independently of its various types, is only possible from a method of analysis based on scientific evidence that benefits from using a system ordered by rules for the investigation - which we know as a protocol (Amezcua, 2000) - as well as a multiple approaches (Campbell and Fiske, 1959) that is proportionate to a conception of the detection and demonstration of deception from the approach of complexity (Cardozo, 2011). If, in addition, such a system was sufficiently flexible to be useful in the daily practice of the various fields in which it may be necessary to use it, it could represent a significant advance in this area.             These, together with those of Behavior Analysis in Ethology, Criminology, and Psychology, are the initial theoretical bases on which the System of Analysis of Validity in Evaluation (SAVE) is designed, establishing four phases in two domains of multiple and orderly but flexible application, to scientifically question the validity of a case and provide it with consistency and even legal value when appropriate. Although SAVE was born in a clinical context (Domínguez-Muñoz et al., 2014) its main area of knowledge is the study of lying and deception, an area in which there is a large bibliography, somewhat dispersed among various disciplines, which must be incorporated as a source of academic knowledge for its use in the applied field (Domínguez-Muñoz et al., 2017).    

scholarly journals Computation of history-dependent mechanical damage of axonal fiber tracts in the brain: towards tracking sub-concussive and occupational damage to the brain

2018 ◽  
Author(s):  
Jesse I. Gerber ◽  
Harsha T. Garimella ◽  
Reuben H. Kraft
Keyword(s):  
Fiber Bundle ◽  
Brain Injuries ◽  
Mechanical Response ◽  
Head Injuries ◽  
Mechanical Damage ◽  
Tissue Level ◽  
Internal Damage ◽  
Damage Models ◽  
Axonal Fiber ◽  
The Brain

ABSTRACTFinite element models are frequently used to simulate traumatic brain injuries. However, current models are unable to capture the progressive damage caused by repeated head trauma. In this work, we propose a method for computing the history-dependent mechanical damage of axonal fiber bundle tracts in the brain. Through the introduction of multiple damage models, we provide the ability to link consecutive head impact simulations, so that potential injury to the brain can be tracked over time. In addition, internal damage variables are used to degrade the mechanical response of each axonal fiber bundle element. As a result, the stiffness of the aggregate tissue decreases as damage evolves. To counteract this degenerative process, we have also introduced a preliminary healing model that reverses the accumulated damage, based on a user-specified healing duration. Using two detailed examples, we demonstrate that damage produces a significant decrease in fiber stress, which ultimately propagates to the tissue level and produces a measurable decrease in overall stiffness. These results suggest that damage modeling has the potential to enhance current brain simulation techniques and lead to new insights, especially in the study of repetitive head injuries.

scholarly journals Boarding Injuries: The Long and the Short of It

2014 ◽  
Vol 2014 ◽  
pp. 1-7 ◽  
Author(s):  
Leslie A. Fabian ◽  
Steven M. Thygerson ◽  
Ray M. Merrill
Keyword(s):  
Brain Injuries ◽  
Injury Severity ◽  
Treatment Options ◽  
Head Injuries ◽  
Patient Treatment ◽  
Injury Patterns ◽  
Population Demographics ◽  
Icu Length Of Stay ◽  
Level Ii ◽  
Prospective Investigation

As the popularity of longboarding increases, trauma centers are treating an increased number of high severity injuries. Current literature lacks descriptions of the types of injuries experienced by longboarders, a distinct subset of the skateboarding culture. A retrospective review of longboarding and skateboarding injury cases was conducted at a level II trauma center from January 1, 2006, through December 31, 2011. Specific injuries in addition to high injury severity factors (hospital and intensive care unit (ICU) length of stay (LOS), Injury Severity Score (ISS), patient treatment options, disposition, and outcome) were calculated to compare longboarder to skateboarder injuries. A total of 824 patients met the inclusion criteria. Skull fractures, traumatic brain injuries (TBI), and intracranial hemorrhage (ICH) were significantly more common among longboard patients than skateboarders (P<0.0001). All patients with an ISS above 15 were longboarders. Hospital and ICU LOS in days was also significantly greater for longboarders compared with skateboarders (P<0.0001). Of the three patients that died, each was a longboarder and each experienced a head injury. Longboard injuries account for a higher incidence rate of severe head injuries compared to skateboard injuries. Our data show that further, prospective investigation into the longboarding population demographics and injury patterns is necessary to contribute to effective injury prevention in this population.

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