Legal Studies Commons^™

Documenting Mass Rape: Medical Evidence Collection Techniques As Humanitarian Technology, Jaimie Morse

Genocide Studies and Prevention: An International Journal

Aim: Emerging global networks of human rights activists, doctors, and nurses have advocated for increased collection of medical evidence in conflict-affected countries to corroborate allegations of sexual violence and facilitate prosecution in international and domestic courts. Such initiatives are part of broader shifts in human rights advocacy to document human rights violations using rigorous, standardized methodologies. In this paper, I consider three principal forms of medical evidence to document sexual violence and their use in these settings: the patient medical record, the medical certificate, and the sexual assault medical forensic exam (commonly known as the “rape kit”).

Methods: Combining archival …

Ethics And The Use Of Coercion In The Treatment Of Psychiatric Patients, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

Involuntary psychiatric treatment occurs under such conditions as the medicating or placing in treatment facilities of patients without their consent. Such involuntary treatment has been litigated in the Supreme Court; however, the Court’s rulings have been applied to incarcerated persons, with the notable exception of the 1975 ruling in O’Connor v. Donaldson, a case argued as a civil rights violation. Using O’Connor v. Donaldson as a framework, this paper argues that forcing non- violent psychiatric patients to take medication, or be otherwise treated against their will, is an unethical practice and must be discontinued. This practice of forcible treatment violates …

Neuroimaging And Eyewitness Testimony, Madysen Gardner

Themis: Research Journal of Justice Studies and Forensic Science

This paper will explore how breakthroughs in neuroscience, specifically neuroimaging, can be used to validate eyewitness testimony. Though the use of direct evidence is decreasing, due to findings of numerous wrongful convictions that were based on eyewitness testimonies, it is still an element of many criminal trials today. Cross-examination is used to validate eyewitness testimony because memories are fallible. Cross-examination can successfully determine if a witness is telling the truth, but it cannot determine if a memory is true. This has resulted in juries convicting individuals based on questionable eyewitness testimony. Neuroscientists have found that neuroimaging methods, such as functional …