Legal and ethical considerations of forensic anthropological research

In the UK, Forensic Anthropology is maturing rapidly, consequently demanding discussion of previously overlooked yet fundamental principles of this discipline. UK law and ethics are interpreted from a forensic anthropological standpoint. First, the influence of UK law and ethics on the stages of forensic anthropological research (the collection, analysis and storage of human remains) are discussed. Existing ethical codes of conduct are investigated for their relevance to researching forensic anthropologists. It is concluded that: when appropriately interpreted, UK law and ethics are extremely influential on forensic anthropological research; debate within this area is required; and that an understanding of the law and ethical thought is vital for the successful growth of forensic anthropology in the UK.     

法医学鉴定实践中的伦理考量

法医学鉴定的对象是人及与人相关材料,因此在法医学检案实践中需要考虑伦理问题。基于法医学鉴定中的公平正义、尊重、真相告知三大基本原则,进一步衍生出法医学检案实践活动的具体伦理要求,即法医学鉴定的称职性、对鉴定涉及案件及其当事人伦理考虑、如何处理案件检材。然而当前法医学鉴定却存在部分法医鉴定人不称职、重技术轻程序、鉴定机构选择出现争议、利益输送与利益冲突等问题。笔者针对以上问题提出相应对策,并重点讨论三大矛盾,保证法医学鉴定称职性。     

Human rights, ethical principles, and standards in forensic psychology

Human rights create a protective zone around persons and allow them the opportunity to further their valued personal projects without interference from others. This article considers the relationship between human rights and the general ethical principles and standards contained in the American Psychological Association's (APA's) code of ethics as applied to the forensic domain. First, it analyzes the concept of human rights, their structure, and their justification. Second, it briefly describes the APA's most recent code of ethics and the principles and standards that compose it. Third, it concludes by explicitly examining the relationship between the present human rights model and the APA's code, demonstrating how it is able to provide an additional ethical resource for forensic practitioners in their clinical work and so deepen their ethical sensibilities and decision making. Finally, the article presents a case study and discusses the human rights issues confronting practitioners inherent in such situations.     

Pressing need for national governmental recognition of forensic anthropology in South Africa as illustrated in a medico-legal case

Forensic anthropology in South Africa is well developed in the higher education sector, with advanced training and research programmes. Despite this and decades of academic involvement in casework, forensic anthropology still lacks a defined framework and mandate at a governmental level. Therefore, the involvement of forensic anthropologists’ expertise varies markedly between cases, provinces, and among various stakeholders within the country, to the detriment of dispensation of social and criminal justice. The lack of clearly defined guidelines for the rendering of the service was exemplified and demonstrated through a recent forensic case. Here, contextual information was absent, and the remains posed a challenge to analyse, ostensibly due to missing information. Numerous questions were raised during the analysis of the remains, and broader concerns about the investigative involvement of a forensic anthropologist within South African casework were brought to the fore. Through the analysis of this case, we describe the deductive processes that led to the formation of an opinion that the skeletal linear defects were the result of taphonomic changes. In addition, we highlight how these efforts where constrained and each step in the process unnecessarily hindered. Finally, we demonstrate the capacity and willingness of forensic anthropology practitioners to be involved, and how, without governmental support, it is a great potential lamentably untapped.     

Perceptions of ethical problems by forensic psychiatrists

A survey was undertaken of the opinions of two groups of forensic psychiatrists to determine their views regarding forensic ethical issues. Although AAPL has made significant strides for our profession by adopting ethical guidelines, some important issues have not yet been addressed, as revealed by our survey. Included were items heretofore considered too "controversial" for incorporation into guidelines, as well as items from the APA ethical framework. All APA items were evaluated as addressing ethical problems. The majority of respondents also viewed most of the "controversial" items as confronting relevant ethical problems, thereby suggesting their inclusion, in some form, in the profession's guidelines. They also appeared to favor retention of many traditional medical ethical values when functioning as a forensic psychiatrist. Clear selective discrimination existed among differing death penalty facets. Since AAPL at present does not wish to conduct its own ethics hearings, the AAPL guidelines as well as the items supported in this paper's survey would best be translated into a form consistent with the APA framework. In this way, AAPL's guidelines and also the new suggested items could readily be coordinated within the APA framework and could play a role in the APA local district branch enforcement process.     

Ethical analysis of a curious event of a forensic case becoming an involuntarily hospitalized psychiatric patient

It is not uncommon in forensic psychiatry that the duty to care for the patient conflicts with the responsibility to the court, or the duty to protect the public from harm from the potentially dangerous patient-offender. This paper exemplifies the scenario of what happens when the line between forensic and clinical psychiatry is crossed and whether crossing that boundary can be justified. Ethical discussion also embodies and clarifies the issues of unjustified violation of the patients’ autonomy and an undue infringement on their right to liberty on the arbitrary basis of existing or perceived mental illness. The paper provides an in-depth analysis of the issues of physicians’ conflicting duties, vulnerability of patient-offenders, and their human rights in the light of court orders and involuntary hospitalizations.

I argue that in order to promote ethical decision-making we must establish clear rules and guidelines for psychiatric practice, separate conflicting roles, and provide sufficient training of health-care professionals regarding topics of human rights and legislation governing clinical and forensic psychiatric practice. Empowering patients and enhancing their rights to autonomy and liberty can also be potent tools of promotion and protection of their human rights and prevention of ethical breaches in practice.     

Pedagogical access and ethical considerations in forensic anthropology and bioarchaeology

Traditional education in biological anthropology relies primarily on hands-on, highly visual experiences. Forensic anthropologists, bioarchaeologists, and osteologists in general should aim to collaborate in developing widespread digital pedagogy suitable for our discipline, increasing digital technologies used for education and training. Considerations and suggested pathways toward a biological anthropology digital pedagogy include accommodating for varying levels of digital fluency, understanding global perspectives and cultural beliefs, equity in accessibility, ethical strategies, prioritization levels of content that should be made publicly available, appropriate platforms and forms of media for disseminating different types of content, and the necessity of multiple modalities. Using three online resources as case studies, this paper focuses on the discussion of pedagogy, access, and ethics surrounding digital osteology. These three digital tools, 3D MMS, MapMorph, and J-Skel, can be used to teach students topics ranging from human variation methods and theory to juvenile age estimation. Developing a pathway forward, we encourage the anthropology community to think critically about the desired outcome of pedagogical tools in order to properly align the framework with the intended pedagogy, level of accessibility, and ethical codes. The ideal model would aim for equitable access to training materials on a global scale. Implementing these practices can foster a more adaptable and encompassing learning experience for students and researchers in biological anthropology who may have dissimilar access to resources.     

Human rights abuses and the medical profession

Allegations of torture are on the increase and the medico-legal and ethical problems can no longer be ignored by the medical profession. While jurists fail to give effective legal guidelines as to what amounts to 'torture', reports indicate that doctors are often engaged in activities which are difficult to reconcile with any conception of medical ethics. There is a clear need for the medical profession to re-evaluate their involvement in circumstances that are a direct antithesis of their professional occupation. The skills of doctors with forensic expertise allow detection of human rights abuses and thereby its potential reduction. There is scope for the reduction torture or ill-treatment, if the profession maintain high standards of medical practice and ethics.     

Forensic anthropology in the global investigation of humanitarian and human rights abuse: Perspective from the published record

Forensic anthropologists have played key roles in the historical development of forensic science applications to global humanitarian and human rights issues. These anthropological initiatives can be traced back to the Smithsonian seminar organized by T. D. Stewart in 1968 and published in 1970. Key developments include the 1984 delegation sent by the American Association for the Advancement of Science to Argentina and the formation of the Argentine Forensic Anthropology Team. Subsequent highlights include major anthropological involvement in support of investigations by international criminal tribunals, formation of forensic anthropology teams in different countries and activities of the International Commission of Missing Persons and the forensic unit of the International Committee of the Red Cross. Recent developments feature the formation of the Humanitarian and Human Rights Resource Center of the American Academy of Forensic Sciences and its support of worthwhile projects in many countries. The published record provides historical perspective on these developments.     

Current state and progress of research on forensic biomechanics in China

Forensic biomechanics gradually has become a significant component of forensic science. Forensic biomechanics is evidence-based science that applies biomechanical principles and methods to forensic practice, which has constituted one of the most potential research areas. In this review, we introduce how finite element techniques can be used to simulate forensic cases, how injury criteria and injury scales can be used to describe injury severity, and how tests of postmortem human subjects and dummy can be used to provide essential validation data. This review also describes research progress and new applications of forensic biomechanics in China.

Key points

• The review shows the main research progress and new applications of forensic biomechanics in China.
• The review introduces eight cases about the application of forensic biomechanics, including the multiple rigid body reconstruction, the finite element applications, study of mechanical properties, traffic crash reconstruction based on multiple techniques and analysis of morphomechanical mechanism about blood dispersal.
• Though forensic biomechanics has a great advantage for the evaluation of injury mechanisms, it still has some uncertainties owing to the uniqueness of the human anatomy, the complexity of biological materials, and the uncertainty of injury-causing circumstances.

     

法医牙科学研究进展CSCD

法医牙科学是法医学与口腔医学的交叉学科,通过科学地收集、检测、评价牙科证据而为司法实践提供有法律效力的证明资料。本文从年龄推断,性别推断,种族、职业及生活习惯推断,个体识别,家庭暴力或虐待行为判定等方面对法医牙科学的应用现状进行综述,并对其未来应用进行展望,希望对法医牙科学体系进行不断的补充和完善,使其在法医学甚至司法实践中更好地发挥作用。     

Multi-agent scavenging patterns in Hawai‘i: A forensic archaeological and skeletal case study

Knowledge of the behavior of local fauna can aid forensic investigators in developing awareness of site formation processes. In Hawai‘i, little has been published on the effects of feral domestic pig (Sus scrofa) and feral domestic dog (Canis familiaris) scavenging and bone dispersal on field recovery and laboratory observations. In this Pacific tropical setting, the most consequential terrestrial taphonomic agents are pigs and dogs, both in terms of hard tissue modification and dispersal of remains across the landscape. In 2017, an archaeologist discovered the remains of an unidentified decedent on the island of Kauaʻi, State of Hawai‘i during a cultural resource management survey. Subsequently, a forensic recovery team in conjunction with Kaua‘i police and crime scene investigators used archaeological techniques, including pedestrian survey, tape-and-compass, and GPS mapping, to map and recover the remains. A feral pig trail transected various areas of the recovery site and corresponded with the distribution pattern of recovered skeletal material, including both the main concentration more broadly dispersed skeletal elements. While much of the skeleton was present, missing or unrecovered skeletal elements are consistent with expectations based on existing literature. Much of the postmortem bone deformations were characteristic of marks related to feral dog and/or feral pig scavenging. These results assisted local investigators in deciding the manner of death, as well as providing the family with an accounting of the decedent’s remains for burial. Thus, forensic anthropologists and archaeologists need to understand and develop knowledge of local animal behavior to recover and interpret human remains of medicolegal significance.     

法医学研究中的伦理审查建设

法医学研究伦理审查既是法医学研究管理工作的内容,也是法医学研究的对象,本文针对法医学研究中的伦理审查问题,论述开展伦理审查的必要性,并对法医学研究伦理审查委员会建设指导原则进行探讨,呼吁开展伦理审查建设。     

人与动物骨组织特征的比较研究

目的研究区别骨骼残片是否为人类骨骼的方法。方法提取人体骨骼及鱼类、两栖类、爬行类、鸟类、哺乳类、灵长类等动物的骨骼标本制做骨骼组织学片,在显微镜下观察,将显微镜下的图像录入电脑进行分析。结果内、外环骨板,骨单位,骨细胞的显微镜下的结构,人类与动物存在明显差别。结论根据骨骼的组织学特征可以区别人类与动物的骨骼。     

The legal basis for ethical withholding and withdrawing of life-sustaining medical treatment in children

Withholding and withdrawing life-sustaining medical treatment are common in paediatric practice, especially in intensive care units. However, not all clinicians apparently adhere to principles in ethical guidelines or to the principles which are to be found in judgments from common law cases arising when doctors and parents dispute treatment. This article examines selected ethical guidelines and compares them to judgments in leading cases. The rationale to forgo treatment is usually the child's "best interests" in both clinical practice guidelines and legal cases but in the former "best interests" may remain ill defined. Although "best interests" must essentially pertain to the individual child, the interests of others are not irrelevant. In legal cases "best interests" of the child are defined in terms such as "burden versus benefit", "futility", "indignity", "intolerability", "prolonging death rather than saving life" and "quality of life". These or like terms should form the basis of ethical decisions in discussions with parents when contemplating withholding or withdrawing life-sustaining treatment.     

The ethics of promulgating principles of research ethics: the problem of diversion effects

There is an important distinction between ethical standards for the conduct of research with human subjects and the ethics of promulgating principles of research ethics. Those who promulgate ethical standards for the conduct of research have an ethical responsibility to consider the consequences to which those promulgations give rise. In particular, they must consider whether their promulgations will give researchers incentives not to conduct research or not to conduct research in locales in which participants would benefit from participation. I first show how such ‘diversion effects’ are possible and then examine four principles of research ethics in that light. I then consider several objections to the argument that those who promulgate principles of research ethics should consider diversion effects.     

Preliminary results of an investigation on postmortem variations in human skeletal mass of buried bones

Extreme fragmentation can complicate the inventory of human skeletal remains. In such cases, skeletal mass can provide information regarding skeleton completeness and the minimum number of individuals. For that purpose, several references for skeletal mass can be used to establish comparisons and draw inferences regarding those parameters. However, little is known about the feasibility of establishing comparisons between inherently different materials, as is the case of curated reference skeletal collections and human remains recovered from forensic and archaeological settings. The objective of this paper was to investigate the effect of inhumation, weather and heat exposure on the skeletal mass of two different bone types. This was investigated on a sample of 30 human bone fragments (14 trabecular bones and 16 compact bones) that was experimentally buried for two years after being submitted to one of four different heat treatments (left unburned; 500?°C; 900?°C; 1000?°C). Bones were exhumed periodically to assess time-related mass variation. Skeletal mass varied substantially, decreasing and increasing in accordance to the interchanging dry and wet seasons. However, trends were not the same for the two bone types and the four temperature thresholds. The reason for this appears to be related to water absorption and to the differential heat-induced changes in bone microporosity, volume, and composition. Our results suggest that mass comparisons against published references should be performed only after the skeletal remains have been preemptively dried from exogenous water.     

Forensic DNA laboratory automation – Principles and guidelines

There is a lack of clear guidelines for project managers, laboratory managers and forensic scientists on strategies for the automation of forensic DNA laboratory processes and operational implementation of new technologies. This is reflected in the failure rate of projects in the forensic DNA testing environment. We present a set of guidelines and concepts important for forensic laboratory automation. Some case studies from past projects are presented. These consist of partial (or modular) automation (n = 2) and full automated robotically integrated systems (n = 2).Technology Management principles and concepts are crucial to prevent failure of projects, e.g. early adoption of untried technologies, and organizational factors. The future of laboratory automation is modular until such time as new discontinuous technologies will replace the need of the traditional manual laboratory configuration in totality.