Brent Turvey - Academia.edu (original) (raw)
Papers by Brent Turvey
In this text, we have discussed the nature and the consequences of miscarriages of justice. We ha... more In this text, we have discussed the nature and the consequences of miscarriages of justice. We have reviewed the growing body of research regarding causes, origins, and correlates, and we have shown case after case of misconduct, ethical failure, error, and incompetence across the spectrum of criminal justice professionals. Each of these was revealed as its own story of systemic failure, allowed if not sometimes encouraged by prevailing cultural attitudes. In turn, each involved serious repercussions to criminal defendants, their loved ones, and also to society. In this final chapter, then, we discuss reforms in very much the same way that we have laid out the structure of this text. We discuss the prevention and management of miscarriages of justice by identifying steps that can be taken by law enforcement investigators, prosecutors, and defense attorneys. Any legal reforms are incorporated under those subheadings.
Publisher Summary This chapter focuses on mass murder (mass killing), which is commonly defined a... more Publisher Summary This chapter focuses on mass murder (mass killing), which is commonly defined as the murder of multiple victims during a single event at one or more associated locations. This construct is distinct from serial-crime classifications, such as killing sprees and serial murder. The definition of mass murder appears straightforward, and it should be. For any event to be described thus, there must be multiple victims and they must all be victims of criminal homicide. This also means that they must all be dead. It is not permissible to refer to a case as a mass murder, or any related subtype, should there be doubt whether the alleged victims are dead or that their deaths were the result of a homicide. Mass murderers are diverse in their individual traits, methods, and motives. They come from all nations, cultures, and economic backgrounds; they use all manner of weapons with very different levels of skill; and they do not all want the same thing. Mass murder is a behavioral expression of a personal motive, and it is in no way represented by a typical offender type. The most complete understanding of a mass murder, or any other case, is best found in a behavioral assessment of the crime using the behavioral evidence analysis (BEA) crime-scene-analysis (CSA) protocols.
The Encyclopedia of Clinical Psychology, Jan 23, 2015
Encyclopedia of Human Behavior, 2012
Availability heuristic The tendency to answer a question of probability by asking whether example... more Availability heuristic The tendency to answer a question of probability by asking whether examples come readily to mind. What we recall becomes what we believe will be likely. Belief perseverance The tendency to prefer and shield personal or preexisting beliefs despite irrefutable evidence that they are incorrect. Challenges for cause Challenges that occur when jurors do not meet specific statutory qualifications. Confirmation bias Seeking out only those sources of information that support preexisting beliefs or theories and actively neglecting all contrary evidence or sources of information. Exempt Jurors on the venire who are unable to serve. Exhibits Evidence, records, or testimony shown to the jury in court. Jury A group of men and women lawfully selected, convened, and sworn to inquire into a legal dispute and render an impartial finding of legal fact. Jury consultant Someone who works with legal professionals, mainly attorneys, to assist in various aspects of case preparation, including jury
In this chapter, results presented in previous chapters are discussed and conclusions rendered in... more In this chapter, results presented in previous chapters are discussed and conclusions rendered in consideration of relevant criminological theory. First, the significant findings of major importance in the present study are summarized and related to the theses set forth in Chapter 1, “Introduction.” Second, reforms suggested in the forensic literature prior to the current study are reviewed and evaluated –including those from the NAS Report. Third, specific forensic reforms suggested by the results of the present study are offered. Finally, future research into the phenomenon of forensic fraud is recommended.
Elsevier eBooks, 2012
Publisher Summary Domestic homicide occurs when one family member, household member, or intimate ... more Publisher Summary Domestic homicide occurs when one family member, household member, or intimate kills another. Domestic violence is more than physical injuries from individual incidents of assault. It is a pattern of conduct that uses physical battering as just one method of inflicting emotional trauma. This chapter discusses the Johnson typology of intimate personal violence. The typology provides four categories that take into account an offender's use of threats, economic control, privilege and punishment, children, isolation, emotional abuse, and sexual control: intimate terrorism (IT), violent resistance (VR), situational couple violence (SCV), and mutual violent control (MVC). The chapter also considers the Mills behavior motivation typology of eight types of abuse dynamics—rejection, degradation, terrorization, social isolation, mis-socialization, exploitation, emotional unresponsiveness, and close confinement—that often happen in intimate violence situations. The risk factors for domestic homicide are discussed, including pregnancy and attempts to leave the relationship, in addition to issues with the reporting and presentation of statistics of domestic homicide and violence, with a focus on the media's misrepresentation of research about the risk of pregnant women becoming victims. The ways that intimate violence begins, expresses, and evolves are quite complex. They are often driven by the aggressor's overall sense of powerlessness and may present in various ways depending on the context of the situation, the people involved, and the precipitating factors.
s The judiciary is the branch of the criminal justice system that deals with the adjudication and... more s The judiciary is the branch of the criminal justice system that deals with the adjudication and exoneration or punishment of criminal defendants. This chapter reviews the ethical issues arising from those that some refer to as “bad judges”: those who are guided by principles that are “incompetent, self-indulgent, abusive, or corrupt” and ultimately “terrorize courtrooms, impair the functioning of the legal system, and undermine public confidence in the law” (Miller, 2004, p. 431). This chapter discusses judicial integrity, conflicts of interest, knowledge of the law, time allotment and caseload, improper influence over the jury, ethical issues with experts, improper judicial behavior, judicial alertness during trial, reporting attorney misconduct, and post-conviction issues.
Domestic violence is more than physical injuries from individual incidents of assault. It is a pa... more Domestic violence is more than physical injuries from individual incidents of assault. It is a pattern of conduct that uses physical battering as just one method of inflicting emotional trauma. This chapter discusses the Johnson Typology of Intimate Personal Violence and the Mills behavior motivation typology. Risk factors for domestic homicide are also discussed, including pregnancy, attempting to leave the relationship, and so on. Further, issues with reporting and presenting statistics of domestic homicide and violence are discussed in some detail, with a focus on the media’s misrepresentation of research surrounding pregnant women becoming victims. The problem with protective orders and the culture of secrecy within law enforcement are also examined in some detail.
Among the primary responsibilities of the sex crime investigator is the determination of whether ... more Among the primary responsibilities of the sex crime investigator is the determination of whether or not a crime has actually occurred. Not every complaint is founded or necessarily results in a criminal charge. This determination requires a thorough investigation, as well as the ability to distinguish between criminal and noncriminal sexual behavior. In other words, investigators must actually investigate whether a sex crime has occurred, and to do this competently they must know what sex crimes are. The term sex crime generally refers to any confluence of criminal and sexual acts. As outlined in this chapter, the sex crimes investigator should be familiar with the following sex crimes: rape and sexual assault; child molestation; sexual coercion; bestiality; voyeurism; fetish burglary; necrophilia; prostitution, soliciting: and sex trafficking.
Rape refers to nonconsensual sexual penetration. It is a form of sexual assault , which refers ge... more Rape refers to nonconsensual sexual penetration. It is a form of sexual assault , which refers generally to any nonconsensual sexual contact. The purpose of this chapter is to provide the forensic investigator with an applied understanding of the variety of physical evidence involved in cases of alleged rape and sexual assault, how to evaluate it, and how to interpret it.
Elsevier eBooks, 2014
The purpose of this chapter is to consider ineffective assistance of counsel issues—aka “bad lawy... more The purpose of this chapter is to consider ineffective assistance of counsel issues—aka “bad lawyering”—and their relationship to miscarriages of justice. This begins with a discussion of the right to effective counsel, as well as the structure and function of the criminal defense community. It concludes with a review of IAC issues, both before and during the trial process.
Crime scene analysis (aka crime analysis) refers to the analytical process of interpreting the sp... more Crime scene analysis (aka crime analysis) refers to the analytical process of interpreting the specific features of a crime in the context of all evidence from related crime scenes. Potential crime scene characteristics that must be established or at least considered include, among many others, victim selection/targeting, method of approach, method of attack, method of control, location type, nature and sequence of sexual acts, materials used, evidence of skill or planning, any verbal activity, precautionary acts, contradictory acts, modus operandi, signature behavior, and the amount of time spent in the commission of the crime. Crime scene characteristics are interpreted subsequent to and in consideration of an integrated examination of the physical evidence and victimology.
Elsevier eBooks, 2018
Abstract Public health care fraud often involves false reports of medical conditions made to heal... more Abstract Public health care fraud often involves false reports of medical conditions made to health care providers and/or the government. Sometimes this includes fabricating reports relating to patient disease, addiction, accidents, or crime; and sometimes it means fabricating reports to conceal patient neglect and abuse. Fraud schemes range from the simplistic to the complex. False reporting intended to defraud publicly funded health care is widespread and growing. This reflects the size of the health care system's bureaucracy, the lack of oversight and communication in the reimbursement process, and the tremendous amount of money involved. All of these things make public health care an irresistible target. The public perception of health care fraud does not accurately reflect the most representative cases. Most believe fraud originates from individuals abusing state assistance. In reality, cases reflecting the fraud of individual patients involve low dollar amounts. However, cases involving health care providers and suppliers, acting alone or as part of an ad hoc criminal syndicate, can bilk state and federal programs out of millions of dollars. They also evidence the tendency of health care fraud schemes to be not only lucrative and complex, but long term.
Publisher Summary People routinely lie about or conceal their sexual habits and histories. This m... more Publisher Summary People routinely lie about or conceal their sexual habits and histories. This makes it difficult to define sexual deviance from a statistical perspective because common sexual practices are not well-established. It also makes it difficult to define it from an ideological perspective because of the disparity between self-reporting and actual sexual behavior. In the absence of consistent parenting, children and adolescents are being educated about sex and sexuality by their peers and by the Internet. The result is a level of exposure to explicit sexual material and pornography that has not been experienced by past generations. This, in turn, may be partially responsible for an overall shift and even loosening away of sexual norms from traditionally professed values of sexual restraint and discretion. Sexual arousal is a multi-determined function of individual biology, chemistry, and psychology. Variation in arousal occurs because everyone's brain chemistry is different. The associations that drive individual sexual arousal are reflected in sexual fantasy. These are didactic narratives of desire, but they can also reveal hidden or subconscious desires that have yet to be fully realized. Sexual fantasies commonly involve themes of power, romance, and an exploration of the unusual or even forbidden. Sexual fantasies are reflected in personal choices with respect to pornography, which is widespread and has become mainstream. Pornography is not associated causally with violent or criminal behavior but does become a problem when its use as a fantasy aid turns into an addiction. Deviant sexual behavior, in a noncriminal sense, is defined as any sexual behavior that is uncommon, antisocial, or a violation of an interpersonal covenant of some kind. It includes such things as exhibitionism, fetishism, sexual coercion, open relationships, infidelity, sadomasochism, sexual asphyxia, and autoerotic asphyxia.
Forensic investigators must accept that they work in service of the law and the courts. This requ... more Forensic investigators must accept that they work in service of the law and the courts. This requires understanding the structure and function of the various components of the adversarial system. It also means accepting how, working together, they are intended to create the balance that justice requires. They must acknowledge and respect the value inherent in the roles of Academia, Law Enforcement, the Courts, Corrections, and Forensic Services.
Abstract Certification training already underway in Mexico, via the collaborative efforts of the ... more Abstract Certification training already underway in Mexico, via the collaborative efforts of the International Association of Forensic Criminologists and the International Academy of Forensic Investigators, is vital to professionalizing not just criminal profiling, but criminal investigation across Mexico. This is in order to be compliant with the newly adopted adversarial system. Not only to ensure that those who testify in court have the appropriate expertise, but also so that the courts can arrive at just verdicts while maintaining the confidence of the public they are meant to serve.
Elsevier eBooks, 2014
Workplace violence refers to violence or the threat of violence against workers. It is characteri... more Workplace violence refers to violence or the threat of violence against workers. It is characterized by the same behaviors and motivations evident in other forms of violent crime—because it involves most of them. This chapter dispels any myths regarding workplace violence perpetuated by the media and provides forensic victimologists with language and lenses through which to perceive workplace violence more objectively.
In this text, we have discussed the nature and the consequences of miscarriages of justice. We ha... more In this text, we have discussed the nature and the consequences of miscarriages of justice. We have reviewed the growing body of research regarding causes, origins, and correlates, and we have shown case after case of misconduct, ethical failure, error, and incompetence across the spectrum of criminal justice professionals. Each of these was revealed as its own story of systemic failure, allowed if not sometimes encouraged by prevailing cultural attitudes. In turn, each involved serious repercussions to criminal defendants, their loved ones, and also to society. In this final chapter, then, we discuss reforms in very much the same way that we have laid out the structure of this text. We discuss the prevention and management of miscarriages of justice by identifying steps that can be taken by law enforcement investigators, prosecutors, and defense attorneys. Any legal reforms are incorporated under those subheadings.
Publisher Summary This chapter focuses on mass murder (mass killing), which is commonly defined a... more Publisher Summary This chapter focuses on mass murder (mass killing), which is commonly defined as the murder of multiple victims during a single event at one or more associated locations. This construct is distinct from serial-crime classifications, such as killing sprees and serial murder. The definition of mass murder appears straightforward, and it should be. For any event to be described thus, there must be multiple victims and they must all be victims of criminal homicide. This also means that they must all be dead. It is not permissible to refer to a case as a mass murder, or any related subtype, should there be doubt whether the alleged victims are dead or that their deaths were the result of a homicide. Mass murderers are diverse in their individual traits, methods, and motives. They come from all nations, cultures, and economic backgrounds; they use all manner of weapons with very different levels of skill; and they do not all want the same thing. Mass murder is a behavioral expression of a personal motive, and it is in no way represented by a typical offender type. The most complete understanding of a mass murder, or any other case, is best found in a behavioral assessment of the crime using the behavioral evidence analysis (BEA) crime-scene-analysis (CSA) protocols.
The Encyclopedia of Clinical Psychology, Jan 23, 2015
Encyclopedia of Human Behavior, 2012
Availability heuristic The tendency to answer a question of probability by asking whether example... more Availability heuristic The tendency to answer a question of probability by asking whether examples come readily to mind. What we recall becomes what we believe will be likely. Belief perseverance The tendency to prefer and shield personal or preexisting beliefs despite irrefutable evidence that they are incorrect. Challenges for cause Challenges that occur when jurors do not meet specific statutory qualifications. Confirmation bias Seeking out only those sources of information that support preexisting beliefs or theories and actively neglecting all contrary evidence or sources of information. Exempt Jurors on the venire who are unable to serve. Exhibits Evidence, records, or testimony shown to the jury in court. Jury A group of men and women lawfully selected, convened, and sworn to inquire into a legal dispute and render an impartial finding of legal fact. Jury consultant Someone who works with legal professionals, mainly attorneys, to assist in various aspects of case preparation, including jury
In this chapter, results presented in previous chapters are discussed and conclusions rendered in... more In this chapter, results presented in previous chapters are discussed and conclusions rendered in consideration of relevant criminological theory. First, the significant findings of major importance in the present study are summarized and related to the theses set forth in Chapter 1, “Introduction.” Second, reforms suggested in the forensic literature prior to the current study are reviewed and evaluated –including those from the NAS Report. Third, specific forensic reforms suggested by the results of the present study are offered. Finally, future research into the phenomenon of forensic fraud is recommended.
Elsevier eBooks, 2012
Publisher Summary Domestic homicide occurs when one family member, household member, or intimate ... more Publisher Summary Domestic homicide occurs when one family member, household member, or intimate kills another. Domestic violence is more than physical injuries from individual incidents of assault. It is a pattern of conduct that uses physical battering as just one method of inflicting emotional trauma. This chapter discusses the Johnson typology of intimate personal violence. The typology provides four categories that take into account an offender's use of threats, economic control, privilege and punishment, children, isolation, emotional abuse, and sexual control: intimate terrorism (IT), violent resistance (VR), situational couple violence (SCV), and mutual violent control (MVC). The chapter also considers the Mills behavior motivation typology of eight types of abuse dynamics—rejection, degradation, terrorization, social isolation, mis-socialization, exploitation, emotional unresponsiveness, and close confinement—that often happen in intimate violence situations. The risk factors for domestic homicide are discussed, including pregnancy and attempts to leave the relationship, in addition to issues with the reporting and presentation of statistics of domestic homicide and violence, with a focus on the media's misrepresentation of research about the risk of pregnant women becoming victims. The ways that intimate violence begins, expresses, and evolves are quite complex. They are often driven by the aggressor's overall sense of powerlessness and may present in various ways depending on the context of the situation, the people involved, and the precipitating factors.
s The judiciary is the branch of the criminal justice system that deals with the adjudication and... more s The judiciary is the branch of the criminal justice system that deals with the adjudication and exoneration or punishment of criminal defendants. This chapter reviews the ethical issues arising from those that some refer to as “bad judges”: those who are guided by principles that are “incompetent, self-indulgent, abusive, or corrupt” and ultimately “terrorize courtrooms, impair the functioning of the legal system, and undermine public confidence in the law” (Miller, 2004, p. 431). This chapter discusses judicial integrity, conflicts of interest, knowledge of the law, time allotment and caseload, improper influence over the jury, ethical issues with experts, improper judicial behavior, judicial alertness during trial, reporting attorney misconduct, and post-conviction issues.
Domestic violence is more than physical injuries from individual incidents of assault. It is a pa... more Domestic violence is more than physical injuries from individual incidents of assault. It is a pattern of conduct that uses physical battering as just one method of inflicting emotional trauma. This chapter discusses the Johnson Typology of Intimate Personal Violence and the Mills behavior motivation typology. Risk factors for domestic homicide are also discussed, including pregnancy, attempting to leave the relationship, and so on. Further, issues with reporting and presenting statistics of domestic homicide and violence are discussed in some detail, with a focus on the media’s misrepresentation of research surrounding pregnant women becoming victims. The problem with protective orders and the culture of secrecy within law enforcement are also examined in some detail.
Among the primary responsibilities of the sex crime investigator is the determination of whether ... more Among the primary responsibilities of the sex crime investigator is the determination of whether or not a crime has actually occurred. Not every complaint is founded or necessarily results in a criminal charge. This determination requires a thorough investigation, as well as the ability to distinguish between criminal and noncriminal sexual behavior. In other words, investigators must actually investigate whether a sex crime has occurred, and to do this competently they must know what sex crimes are. The term sex crime generally refers to any confluence of criminal and sexual acts. As outlined in this chapter, the sex crimes investigator should be familiar with the following sex crimes: rape and sexual assault; child molestation; sexual coercion; bestiality; voyeurism; fetish burglary; necrophilia; prostitution, soliciting: and sex trafficking.
Rape refers to nonconsensual sexual penetration. It is a form of sexual assault , which refers ge... more Rape refers to nonconsensual sexual penetration. It is a form of sexual assault , which refers generally to any nonconsensual sexual contact. The purpose of this chapter is to provide the forensic investigator with an applied understanding of the variety of physical evidence involved in cases of alleged rape and sexual assault, how to evaluate it, and how to interpret it.
Elsevier eBooks, 2014
The purpose of this chapter is to consider ineffective assistance of counsel issues—aka “bad lawy... more The purpose of this chapter is to consider ineffective assistance of counsel issues—aka “bad lawyering”—and their relationship to miscarriages of justice. This begins with a discussion of the right to effective counsel, as well as the structure and function of the criminal defense community. It concludes with a review of IAC issues, both before and during the trial process.
Crime scene analysis (aka crime analysis) refers to the analytical process of interpreting the sp... more Crime scene analysis (aka crime analysis) refers to the analytical process of interpreting the specific features of a crime in the context of all evidence from related crime scenes. Potential crime scene characteristics that must be established or at least considered include, among many others, victim selection/targeting, method of approach, method of attack, method of control, location type, nature and sequence of sexual acts, materials used, evidence of skill or planning, any verbal activity, precautionary acts, contradictory acts, modus operandi, signature behavior, and the amount of time spent in the commission of the crime. Crime scene characteristics are interpreted subsequent to and in consideration of an integrated examination of the physical evidence and victimology.
Elsevier eBooks, 2018
Abstract Public health care fraud often involves false reports of medical conditions made to heal... more Abstract Public health care fraud often involves false reports of medical conditions made to health care providers and/or the government. Sometimes this includes fabricating reports relating to patient disease, addiction, accidents, or crime; and sometimes it means fabricating reports to conceal patient neglect and abuse. Fraud schemes range from the simplistic to the complex. False reporting intended to defraud publicly funded health care is widespread and growing. This reflects the size of the health care system's bureaucracy, the lack of oversight and communication in the reimbursement process, and the tremendous amount of money involved. All of these things make public health care an irresistible target. The public perception of health care fraud does not accurately reflect the most representative cases. Most believe fraud originates from individuals abusing state assistance. In reality, cases reflecting the fraud of individual patients involve low dollar amounts. However, cases involving health care providers and suppliers, acting alone or as part of an ad hoc criminal syndicate, can bilk state and federal programs out of millions of dollars. They also evidence the tendency of health care fraud schemes to be not only lucrative and complex, but long term.
Publisher Summary People routinely lie about or conceal their sexual habits and histories. This m... more Publisher Summary People routinely lie about or conceal their sexual habits and histories. This makes it difficult to define sexual deviance from a statistical perspective because common sexual practices are not well-established. It also makes it difficult to define it from an ideological perspective because of the disparity between self-reporting and actual sexual behavior. In the absence of consistent parenting, children and adolescents are being educated about sex and sexuality by their peers and by the Internet. The result is a level of exposure to explicit sexual material and pornography that has not been experienced by past generations. This, in turn, may be partially responsible for an overall shift and even loosening away of sexual norms from traditionally professed values of sexual restraint and discretion. Sexual arousal is a multi-determined function of individual biology, chemistry, and psychology. Variation in arousal occurs because everyone's brain chemistry is different. The associations that drive individual sexual arousal are reflected in sexual fantasy. These are didactic narratives of desire, but they can also reveal hidden or subconscious desires that have yet to be fully realized. Sexual fantasies commonly involve themes of power, romance, and an exploration of the unusual or even forbidden. Sexual fantasies are reflected in personal choices with respect to pornography, which is widespread and has become mainstream. Pornography is not associated causally with violent or criminal behavior but does become a problem when its use as a fantasy aid turns into an addiction. Deviant sexual behavior, in a noncriminal sense, is defined as any sexual behavior that is uncommon, antisocial, or a violation of an interpersonal covenant of some kind. It includes such things as exhibitionism, fetishism, sexual coercion, open relationships, infidelity, sadomasochism, sexual asphyxia, and autoerotic asphyxia.
Forensic investigators must accept that they work in service of the law and the courts. This requ... more Forensic investigators must accept that they work in service of the law and the courts. This requires understanding the structure and function of the various components of the adversarial system. It also means accepting how, working together, they are intended to create the balance that justice requires. They must acknowledge and respect the value inherent in the roles of Academia, Law Enforcement, the Courts, Corrections, and Forensic Services.
Abstract Certification training already underway in Mexico, via the collaborative efforts of the ... more Abstract Certification training already underway in Mexico, via the collaborative efforts of the International Association of Forensic Criminologists and the International Academy of Forensic Investigators, is vital to professionalizing not just criminal profiling, but criminal investigation across Mexico. This is in order to be compliant with the newly adopted adversarial system. Not only to ensure that those who testify in court have the appropriate expertise, but also so that the courts can arrive at just verdicts while maintaining the confidence of the public they are meant to serve.
Elsevier eBooks, 2014
Workplace violence refers to violence or the threat of violence against workers. It is characteri... more Workplace violence refers to violence or the threat of violence against workers. It is characterized by the same behaviors and motivations evident in other forms of violent crime—because it involves most of them. This chapter dispels any myths regarding workplace violence perpetuated by the media and provides forensic victimologists with language and lenses through which to perceive workplace violence more objectively.
Encyclopedia of Human Behavior, 2nd Edition, 2012
Availability heuristic The tendency to answer a question of probability by asking whether example... more Availability heuristic The tendency to answer a question of probability by asking whether examples come readily to mind. What we recall becomes what we believe will be likely. Belief perseverance The tendency to prefer and shield personal or preexisting beliefs despite irrefutable evidence that they are incorrect. Challenges for cause Challenges that occur when jurors do not meet specific statutory qualifications. Confirmation bias Seeking out only those sources of information that support preexisting beliefs or theories and actively neglecting all contrary evidence or sources of information. Exempt Jurors on the venire who are unable to serve. Exhibits Evidence, records, or testimony shown to the jury in court. Jury A group of men and women lawfully selected, convened, and sworn to inquire into a legal dispute and render an impartial finding of legal fact. Jury consultant Someone who works with legal professionals, mainly attorneys, to assist in various aspects of case preparation, including jury