Self-inflicted stab wound for simulating self-defense?]

During a violent conflict, a young man was shot dead in front of a bar. The offender stated that he had acted in self defence after having been attacked with a knife. Taking into account the testimonies, the medical findings (f. ex. sonotomogram of the left femur) as well as the crime scene regarding the position of the body, it could not be excluded from the forensic point of view that a knife attack of the later victim had taken place. Nevertheless, the court convicted the man who had shot for murder and gave a life prison sentence.     

Isotope evidence to link a suspect with a pipe bomb multimurder in Austria 1995

A bomb attempt in Oberwart, Austria, on February 4, 1995, was the culmination of several pipe and letter bomb attempts mainly in Austria. The pipe bomb had been mounted on a self-made gypsum (plaster of Paris) pedestal and exploded when touched, killing four persons. With a level of 200 tritium units (TU), the water extracted from the gypsum pedestal was unusually enriched in tritium (3H) compared to an environmental level of about 20 TU at that time. Investigation of the 3H content of air moisture in the living room of an arrested suspect showed values of about 1000 TU (normally, 50 TU is not exceeded). Additionally, water used as sealing liquid in a glass with nitroglycerine found in the living room was also significantly enriched in 3H (>400 TU). The living room therefore offered the high 3H level environment necessary to lead to elevated 3H concentrations in the gypsum pedestal.     

The Podmore case

On January 10, 1929, in Southampton, England, two men examining the interior of a long-padlocked garage that had been previously used as a storeroom by a local agent of the Wolf's Head Oil Company found the decomposing body of its missing agent, Vivian Messiter. The assistance of Scotland Yard was obtained. Sir Bernard Spilsbury's autopsy revealed that Messiter had died from several severe blunt force craniocerebral injuries, the murder weapon apparently being a blood-encrusted hammer found nearby. Suspicion immediately centered on William Podmore, alias William Thomas, who had been employed by Messiter for 3 days in late October 1928, immediately prior to Messiter's being declared missing. Podmore, who was wanted for fraud and robbery elsewhere in England, was questioned and told a self-serving story. Meanwhile, it had been suspected that he had reported to Messiter sales of oil to fictitious customers, collecting commissions on same, and this was eventually reinforced by the finding of traces of writing in a receipt book. Two fellow prisoners of Podmore stated that he had confessed in their presence. Almost 14 months after the murder, Podmore was charged with it. He was later convicted, and was hanged after some public outcry against the verdict.     

Sometimes What Everybody Thinks They Know Is True

This essay responds to D. Davis and W. C. Follette (2002), who question the value of motive evidence in murder cases. They argue that the evidence that a husband had extramarital affairs, that he heavily insured his wife's life, or that he battered his wife is ordinarily of infinitesimal probative value. We disagree. To be sure, it would be foolish to predict solely on the basis of such evidence that a husband will murder his wife. However, when this kind of evidence is combined with other evidence in a realistic murder case, the evidence can be quite probative. We analyze cases in which it is virtually certain that the victim was murdered but unclear who murdered her, and in which it is uncertain whether the husband murdered the wife or she died by accident. We show that in each case motive evidence, such as a history of battering or of infidelity, can substantially increase the odds of the husband's guilt. We also consider the actual case on which Davis and Follette base their paper. We argue that testimony of Davis on the basis of the analysis presented in their paper was properly excluded, for it would have been misleading and unhelpful.     

Using STR analysis to detect human DNA from exploded pipe bomb devices

This study investigated the possibility of recovering a bomb assembler's DNA from an exploded pipe bomb device. Metal and polyvinyl chloride (PVC) pipes were examined to determine if one surface type would allow better DNA recovery than the other. Ten subjects each handled components of one metal and one PVC pipe bomb. The bombs were exploded, the fragments were collected and swabbed using the double swab technique, and the samples were extracted, quantified, amplified, and genotyped using polymerase chain reaction/short tandem repeat (PCR/STR). Of the 20 bombs handled by the subjects, four bombs gave reportable results that matched the subject's known DNA profiles. An additional eight profiles, also matching the subject's known DNA profiles, were generated but were below the reportable threshold. There was no difference in the success rate of obtaining DNA profiles related to the use of either PVC or metal in the manufacture of the pipe bomb. The variables that appeared to have the greatest influence on the success of generating a DNA profile were the amount of fragmentation and subsequent recovery of the bomb fragments. It is suspected that successful DNA profiling could also be dependent upon the bomb assembler's propensity to slough skin cells on objects they handled.     

Diagnostic values of polysomnography in forensic medicine

A man accused of a first-degree murder of a two-year-old girl claimed that he had not been conscious during the time of the alleged murder. The possibility that he may have committed the crime while "sleepwalking" was raised. The forensic psychiatrist looked to the sleep disorders facility to conduct polysomnographic investigation of the accused in order to investigate the possibility that he had a parasomnia. Overnight sleep recordings with video surveillance carried out for two consecutive nights showed no evidence of parasomnia. On the basis of the full assessment, the final report of the forensic psychiatrist did not support a legal defense of non-insane automatism and "sleepwalking" was withdrawn as a possible defense by the lawyer of the accused.     

INJUSTICE AND IRRATIONALITY IN CONTEMPORARY YOUTH POLICY

Lionel Tate was 12 years old when he killed 6‐year‐old Tiffany Eunick. Tiffany had been staying at the Tate home and, by all accounts, got along well with Lionel. The two were playing at “wrestling” when Lionel decided to try out some moves that he had seen on television. He threw Tiffany across the room, inflicting fatal injuries. Despite the boy's tender age, the prosecutor transferred Lionel to criminal court on a charge of first‐degree murder, an offense carrying a mandatory penalty of life without parole. The boy was given an opportunity to plead guilty to second‐degree murder in return for a sentence of three years incarceration, but he rejected the offer. A jury subsequently convicted him of first‐degree murder. At sentencing, the prosecution recommended leniency, which drew an angry response from the judge: If the state believed the boy did not deserve to be sent to prison for life, why hadn't it charged him with a lesser offense? Without any inquiry into the boy's cognitive, emotional, or moral maturity, the judge imposed the mandatory sentence.¹ Raymond Gardner was 16 years old when he shot and killed 20‐year‐old Mack Robinson.² Raymond lived in a violent urban neighborhood with his mother, who kept close watch over him. He had no prior record. He was an A student and worked part‐time in a clothing store to earn money for college. On the day of the shooting, a friend came into the store to tell Raymond that Mack had a beef with him about talking to a girl, and was “looking to get him.” The victim was known on the street as “Mack the Knife” because he always carried a small machete and was believed to have stabbed several people. To protect himself on the way home, Raymond took the gun kept under the counter of the shop where he worked. As he neared home, Mack and two other men approached and blocked his path. According to eyewitness testimony, Raymond began shaking, then pulled out the gun and fired. Mack ran into the street and fell. Raymond followed and fired five more shots into the victim's back as he lay dying on the ground. Raymond did not run. He just stood there crying. The prosecutor filed a motion in juvenile court to transfer Raymond on a charge of first‐degree murder. The judge ordered a psychological evaluation, which addressed the boy's family and social background, medical and behavioral history, intelligence, maturity, potential for future violence and prospects for treatment. The judge subsequently denied the transfer motion. He found Raymond delinquent and committed him to a private psychiatric treatment facility.³     

An example of the use of forensic palynology in assessing an alibi

A man was found shot in the back on Mount Holdsworth in the Tararua Ranges north of Wellington, the capital city of New Zealand. Police investigations pinpointed one individual who had been seen in the area, knew, and had the means and motive to kill the victim. His alibi was that an eyewitness was mistaken as he never had been in the area and the jacket he was reported to have been wearing had been purchased in The Netherlands and brought to Wellington, where it never had left the city. Furthermore the distinctive board shorts that he was reported to have been wearing had been purchased in a small coastal New Zealand town after the victim had been murdered. Pollen of Nothofagus menziesii, a mountain plant, on the clothing suggested that the alibi was untrue and that the clothing had been in mountains in the vicinity of Mount Holdsworth or a similar mountain scene where Nothofagus menziesii was growing.     

mtDNA investigations after differential lysis

In order to gain information regarding the ethnic origin of an unknown offender in a murder case it was necessary to sequence the HV1 and 2 regions of the mitochondrial DNA (mtDNA). The only evidentiary material that could be linked to the suspect was DNA, extracted from spermatozoa after differential lysis. The observed mtDNA sequences were identical to the sequences of the victim. Therefore, we had to check if this was a coincidence or the result of a technical limitation of the testing procedure. Subsequently, we performed a systematic study. In cases with complete separation of sperm and female cells it wasn't possible to obtain a mtDNA sequence for the sperm fraction. This phenomena is based on the loss of the sperm's flagellum and mid-piece during the first lysis step and a concomitant loss of the sperm's mitochondria. In our murder case, a minor carry-over of female cells to the sperm fraction was responsible for the sequencing result.     

Homicide with postmortem opening of the thoracic and abdominal cavity--morphological, criminological and forensic-psychiatric aspects

During a walk a man found the partially unclothed body of a 16-year-old girl in a field near a village in South Baden. The body showed numerous injuries caused by sharp force. Several stab wounds were discernible on the neck, the chest, the genital region, the back and the right thigh. Postmortem, the anterior wall of the trunk had been severed with one long cut reaching from the mons pubis to the jugular fossa. The injuries and the scene suggested homicide with a sexual motive. Already on the next day a male suspect was ascertained. Blood traces of the victim could be demonstrated on his car. The man confessed the homicide, but did not describe the course of events in detail. He denied a sexual motive for the homicide. The psychiatric examination did not furnish any clues to internal, neurological or psychiatric disorders. The perpetrator did not claim intoxication for the time of the offence, which might have been relevant for the question of criminal responsibility. Psychodiagnostically, it was found that he had a narcissistic personality structure with a pronounced lack of self-esteem, deficits in affect processing and control as well as anxiety and aggression problems. The man was sentenced to life imprisonment for murder.     

Puncture wounds caused by glass mistaken for with stab wounds with a knife

Three cases are presented where fatal puncture wounds caused by broken glass were very similar to stab wounds inflicted by a knife with a single-edged blade. Thus, all three cases caused a murder investigation to be initiated. It could only be determined that these wounds had been caused by glass after a detailed forensic autopsy. In two of the three cases, the only evidence for this was the identification of glass fragments in the wounds. The importance of X-ray examinations is underlined because modern glass in common use is radiopaque. Glass fragments lodged in the wounds can reduce the loss of blood and thus, prolong the capacity to act despite severe injuries.     

Mill’s Defense of Capital Punishment

John Stuart Mill strongly supports capital punishment for aggravated murder. He rejects various arguments against capital punishment, including the claim that it is incompatible with respect for human life. He believes that capital punishment is a superior deterrent to the alternative of life imprisonment with hard labor. However, the deterrent effect of capital punishment is achieved by its appearance of severity. In fact, it is less cruel than the alternative, and it is the least severe form of punishment that would effectively deter murder. Mill regards death itself, as distinguished from the manner of dying, as a relatively minor evil. His views on death and capital punishment are not compelling, and, if they were widely accepted, would undermine the seriousness of some types of murder.     

Death after anal "fisting"

A 45-year-old homeless woman was found dead at her usual sleeping place. Apart from traces of blood on the lower abdomen of the body, the police investigations did not produce any clues pointing to an unnatural death. At autopsy, it was found, however, that death had been caused by extensive disruptions of the intestine. After being confronted with the results, the sexual partner of the victim admitted manual anal penetration, but claimed that this had been done by mutual agreement. The court did not accept that statement and sentenced him to life imprisonment for murder. The frequency of such fatal outcomes of anal penetration, the relationship between the perpetrator and the victim and the special features at the scene are discussed.     

Homicide and suicide by aircraft

A report of simultaneous homicide and suicide by aircraft is presented. This confirms the view of Phillips (Science, 201 (1978) 748–750), that despite the previous absence of similar reports in the history of civil aviation, such incidents may occur, and that therefore murder and suicide should be considered as a possible cause of aircraft accidents.     

Hanging: suicide or homicide?

Death by Hanging: Suicide or Homicide. Six cases of homicidal hanging and murder presented as suicidal hanging are recorded. Suspension followed strangulation by ligature or throttling and head injuries in 4 cases. Distinction between homicide and suicide was easy in 5 cases: two of the perpetrators gave themselves up to the police, one committed suicide immediately after he had hanged his 15 year old daughter; in two cases tracks of blood, heavy injuries of the victims, and traces of robbery were obvious. Unless the victim is an infant or an adult person incapacitated by drink, disease, or drugs, or unless there are several assailants murder is difficult to accomplish. Distinction between murder and suicide may be impossible by an examination of the body alone. Detailed investigation of the scene, reconstruction of the position of the suspended body, examination of the rope, the knots, the direction of the fibres on the rope may serve to discover homicidal hanging. - Compared to suicidal hanging homicide has a frequency of about 1% in our autopsy material. However, we cannot estimate the number of obscure cases.     

The forensic analysis of soils and sediment taken from the cast of a footprint

The routine production of a cast of a shoe-print taken in soil provides information other than shoe size and gait. Material adhering to the surface of the cast represents the preservation of the moment of footprint impression. The analysis of the interface between the cast and soil is therefore a potentially lucrative source of information for forensic reconstruction. These principles are demonstrated with reference to a murder case which took place in the English Midlands. The cast of a footprint provided evidence of a two-way transfer of material between the sole of a boot and the soil of a recently ploughed field. Lumps of soil, which had dried on a boot, were deposited on the field as the footprints were made. Pollen analysis of these lumps of soil indicated that the perpetrator of the imprint had been standing recently in a nearby stream. Fibre analysis together with physical and chemical characteristics of the soil suggested a provenance for contamination of this mud prior to deposition of the footprint. Carbon/nitrogen ratios of the water taken from the cast showed that distilled water had been used thus excluding the possibility of contamination of the boot-soil interface. It was possible to reconstruct three phases of previous activity of the wearer of the boot prior to leaving the footprint in the field after the murder had taken place. This analysis shows the power of integrating different independent techniques in the analysis of hitherto unrecognised forensic materials.     

Fatalities associated with home-made pipe bombs in Northern Ireland

Pipe bombs are crudely constructed improvized explosive devices which are easily made at home. They are increasingly used by terrorists and others, and may inflict serious injuries and cause death. Four fatalities have occurred in association with their use in Northern Ireland between 1998 and 2002. In 2 cases, death was due to penetrating shrapnel injuries to the chest causing laceration of the great vessels, and a third fatality occurred due to a bomb fragment penetrating the cranial cavity. A pipe bomb exploded close to the back of the head of a fourth victim and this was associated with a severe brain injury. The pathologist was able to determine the position of the victim in relation to the explosion by interpreting the pattern of injuries. It seems likely that 2 of the victims had been involved in the construction, transport, or use of the devices. A third victim was entirely innocent and had been in the process of removing a pipe bomb, which had been thrown through the window of her home, when it exploded. The fourth victim was a member of the security forces who had been struck by a bomb fragment, in the region of the right eye, during a period of sectarian unrest.