Unnatural death investigation in India. A plea for the introduction of a medical examiner system of inquest

The inquest upon a dead body is the basis of the scientific crime investigation and administration of criminal justice. The pivotal issue in any inquest is the initial visualization of the body and its surroundings at the scene of incident by a team of investigators and experts. This must be carried out meticulously, since the subsequent course of the case, and its success or failure in the court of justice, essentially depends upon its proper execution. Unfortunately, such an important step as the inquest is generally the most neglected part of any crime investigation process as it exists in India today. It is quite often left entirely to the inspired guesswork and seasoned experience of the lowest ranking police officers and more often than not to a Head Constable of a police station or substation. Nevertheless, while the coroner's system has proved to be utterly unsuitable for Indian conditions, we have failed to find an alternative solution to the growing challenge of scientific crime investigation in India, by involving the forensic pathologist in inquests held upon dead bodies, by including him in the first crime investigation. A strong case is made for adoption of the medical examiner's system of inquest, wherein the forensic pathologist plays the pivotal role and leads the "unnatural death investigation team."     

Independent forensic autopsies in an armed conflict: investigation of the victims from Racak, Kosovo

In January 1999, a team of Finnish forensic experts under the mandate of the European Union (EU forensic expert team, EU-FET) performed forensic investigations in a sovereign state, in Kosovo, the Federal Republic of Yugoslavia (FRY). The team served as a neutral participant in the forensic investigation of victims of an incident at Racak, which was receiving considerable international attention. The Finnish team performed forensic autopsies, monitored forensic autopsies performed by local experts and verified findings of earlier executed autopsies. The victims had sustained varying numbers of gunshot wounds, which were established to be the cause of death. The manner of death remained undetermined by the EU-FET, because the scene investigation and the chain of custody for the bodies from the site of the incident to the autopsy were impossible to verify by the team. The events at Racak were the first of those leading to charges by the International Criminal Tribunal for the former Yugoslavia (ICTY) against the highest authorities in power in the FRY for crimes against humanity and violations of the laws or customs of war.     

Evaluating expertise in forensic anthropology

The medicolegal system relies on the ability of experts and non-experts alike to make judgments about expertise and use those judgments to reach consequential decisions. Given the lack of standard criteria, mandatory certification, or licensure for establishing expertise required to practice forensic anthropology and testify as an expert witness, we sought to understand how individuals assess and identify expertise in forensic anthropology by using a social science tool called the Imitation Game. This tool assesses immersion in a specific area of study via discourse, with the premise that some individuals lacking expertise themselves imitate or attempt to pass as experts. For this project we recruited volunteers with varying expertise in forensic anthropology to participate in interviews which asked questions about the practice and structure of the discipline. Those interviews were transcribed, anonymized, and evaluated by other recruited individuals with varying expertise in forensic anthropology. Results found that judges who were experts in forensic anthropology performed better than non-expert judges in determining who was not an expert in forensic anthropology based on their anonymized responses; however, nearly half of the non-experts were still able to pass as experts in forensic anthropology. The difficulties in assessing expertise based on discourse interactions demonstrates the value and need for well-defined credentials and mandatory certification to practice forensic anthropology. This study demonstrates that accurately identifying expertise in forensic anthropology may be challenging for both experts and non-experts, especially when relying solely on interactional expertise rather than formal assessments of competency which directly elucidate contributory expertise.     

The introduction of forensic advisors in Belgium and their role in the criminal justice system

Forensic advisors (FA) at the National Institute for Criminalistics and Criminology (NICC), generalists in forensic science, act as an advising body to the magistrate to improve communication between the various parties involved in the investigation: magistrate, police and crime scene investigators, and forensic experts. Their role is manifold, but their main objectives are to optimise trace processing by selecting the most pertinent traces in the context of the case and by advising magistrates on the feasibility of forensic analyses in particular circumstances in regards to the latest technical advances.Despite the absence of a legal framework governing their role and involvement in judicial cases, the demand for their services has increased over the years. Initially, forensic advisors were called for complex homicide cases. Due to the proximity with the Public Prosecutor's Office, the types of offences for which their expertise was sought have become more diverse (mainly including robbery, burglary and sexual assault cases), leading to a diversity in the types of cases handled by the forensic advisors (complex, simple and review).In many of the cases they are requested for, in addition to consulting on the best analytical strategy, forensic advisors also assume the role of case coordinator regarding the seized objects and their respective analyses. Indeed, in the majority of cases treated by the FAs, two or more types of expertise have been requested and performed, either at the internal laboratories of NICC or at external laboratories.This paper explains the role of the forensic advisors in Belgium, the path that let to their current status and problems encountered.     

Photographic Image Comparison of Vegetation

Images and videos are common types of evidence in crime scene investigations and laboratory analysis. Images may be taken by the suspect and/or by crime scene investigators and may serve as crucial elements in forensic laboratory analysis. Forensic photographic image comparison is the process of comparing one or more objects or persons in photographs/images when at least one image is known to be related to a crime. The forensic examiner usually compares the images in order to determine whether or not an association between the exhibits in the images can be made. This paper proposes an extension to the currently prevalent photographic image examination method. The extension introduces comparison of landscape and vegetation over time. It is revealed that similarities between images may still be found between the period of time the suspect photograph was taken and the period the crime scene investigator took the photograph from the same area. In this case report, two suspects to be involved in growing a marijuana field were arrested by the police. The forensic experts were asked to examine images taken by the crime scene investigators and to compare them to the images found in the suspects’ phones. They then tried to determine whether the suspects could be linked to the specific locations. While applying techniques derived from morphological comparison methodologies, the plants at the scene provided significant additional information. A tree trunk, branches, and twigs on a hedge in the photographs revealed specific individual characteristics that led the examiner to reach a conclusive decision.     

A case of suicidal hanging staged as homicide

Suicides staged as homicides are rarely encountered by crime scene investigators. The case of one such staged homicide is presented in which the victim used restraints during a hanging. No other cases of suicidal hangings staged as homicides could be found in the forensic literature. Similar cases should be reported so additional data can be gained from these deaths to help reveal indicators of suicide rather than homicide.     

The Forensic Confirmation Bias: A Comparison Between Experts and Novices

A large body of research has described the influence of context information on forensic decision‐making. In this study, we examined the effect of context information on the search for and selection of traces by students (N = 36) and crime scene investigators (N = 58). Participants investigated an ambiguous mock crime scene and received prior information indicating suicide, a violent death or no information. Participants described their impression of the scene and wrote down which traces they wanted to secure. Results showed that context information impacted first impression of the scene and crime scene behavior, namely number of traces secured. Participants in the murder condition secured most traces. Furthermore, the students secured more crime‐related traces. Students were more confident in their first impression. This study does not indicate that experts outperform novices. We therefore argue for proper training on cognitive processes as an integral part of all forensic education.     

Nature and place of crime scene management within forensic sciences

This short paper presents the preliminary results of a recent study aimed at appreciating the relevant parameters required to qualify forensic science as a science through an epistemological analysis. The reader is invited to reflect upon references within a historical and logical framework which assert that forensic science is based upon two fundamental principles (those of Locard and Kirk). The basis of the assertion that forensic science is indeed a science should be appreciated not only on one epistemological criteria (as Popper's falsification raised by the Daubert hearing was), but also on the logical frameworks used by the individuals involved (investigator, expert witness and trier of fact) from the crime scene examination to the final interpretation of the evidence. Hence, it can be argued that the management of the crime scene should be integrated into the scientific way of thinking rather than remain as a technical discipline as recently suggested by Harrison.     

犯罪现场层次论

犯罪现场层次是犯罪现场存在表现及其被侦查人员认知的程度。犯罪现场是由犯罪时间、犯罪空间、犯罪嫌疑人条件、犯罪痕迹物证、犯罪活动过程、犯罪心理、犯罪证据等各种层次构成的复合体。研究犯罪现场层次论也是研究犯罪现场构成要素的存在及其在不同层面的联系。犯罪现场层次也是研究和揭示犯罪现场存在的一种认知。研究犯罪现场层次问题,也可以使我们对犯罪现场状况及其勘查工作质量给以程度判定。     

The Relationship Between Deprivation and Forensic Material Recovered from Stolen Vehicles: Is it Affected by Vehicle Condition and Tidiness?

Previous research has shown that as crime scene location deprivation increases (lower socioeconomic status), the recovery of forensic material, principally DNA and fingerprints, also increases. However, this increase does not result in more crimes being solved by forensic means. In this study, we analyze stolen vehicle data and find a statistically significant positive association between deprivation and the amount of forensic material that matched either the victim or an associate of the victim on a criminal database. The nature of this association was investigated further by inspecting recovered stolen vehicles to establish whether the condition of a stolen vehicle and the tidiness of its interior influenced the recovery of forensic material that was attributed to the victim or an associate. Contradictory results suggest that other factors may contribute to understanding the association between the recovery of victim- or associate-attributable forensic material and crime scene location deprivation.     

The advent of DNA databanks: implications for information privacy

Genetic identification tests -- better known as DNA profiling -- currently allow criminal investigators to connect suspects to physical samples retrieved from a victim or the scene of a crime. A controversial yet acclaimed expansion of DNA analysis is the creation of a massive databank of genetic codes. This Note explores the privacy concerns arising out of the collection and retention of extremely personal information in a central database. The potential for unauthorized access by those not investigating a particular crime compels the implementation of national standards and stringent security measures.     

Suicidal Shotgun Wound Employing a Shotgun Barrel,a Shotgun Shell,and a BB*

Abstract: A vast majority of firearms‐related suicides involve the conventional use of a properly functioning, intact firearm. Occasionally, forensic investigators encounter a case wherein the firearm suicide victim employs some form of unconventional use of a weapon, or utilizes an unusual weapon type. In this case report, the authors present an unusual case in which a man committed suicide by using a shotgun shell, a shotgun barrel (separate from the rest of the gun), and a BB. Some confusion as to the cause and manner of death was present during the initial scene investigation. Examination at autopsy revealed the cause of death to be a shotgun wound of the chest and prompted further scene investigation. Therefore, this case serves as another example of the importance of cooperation between scene investigators and forensic pathologists when investigating a death. A review of suicidal firearm cases using unconventional means and/or firearms is presented.     

对“四战”背景下强化犯罪现场勘查工作的思考

“四战”对刑事技术和侦查工作提出了新的要求,现场勘查工作还存在如现场勘查不到位、现场勘查指挥不力、信息化手段运用不充分、侦查员与技术员缺乏沟通等诸多问题,强化现场勘查工作是适应“四战”需要。     

The forensic entomologist in the context of the forensic pathologist's role.

An adequate death investigation requires the combined efforts and cooperation of experts in different disciplines: crime scene technicians, death investigators, forensic pathologists, anthropologists, entomologists, other medical and non-medical professionals. These front-line experts play a crucial role in every death investigation process. The forensic pathologist normally has the legal authority to take charge of the dead body at a death scene and his primary functions are the exterior and interior examination of the cadaver by analyzing the extent of antemortem injuries and the postmortem changes and the recovery of physical evidence. He is responsible for determining how, when and why of any death which is the result of violence, suspicious or unexplained circumstances or a death which is sudden or unattended, defending and explaining the reasons for making these diagnoses in a courtroom. The forensic entomologist can provide invaluable aid in death cases where human remains are colonized by insects and in the overall investigation. His principal role is to identify the arthropods associated with such cases and to analyze entomological data for interpreting insect evidence. He is responsible for determining the period of insect activity according to all the variables affecting insect invasion of remains and their development. The major goal of medico-criminal entomology is to contribute to the determination of the time, cause, manner and place of the investigated death (especially on badly decomposed corpses or skeletonized human remains) with the support of all the elements which can be inferred from the study of insects found on the cadaver or nearby. The application of techniques devised recently in forensic entomology can allow experts in the field to collect strong entomological evidence and provide useful information not only in a death investigation including movement or storage of the remains following death, time of dismemberment, postmortem artifacts on the body but also at the scene, and even more in child neglect, sexual molestation and identification of suspects. As the role of the forensic entomologist at the death scene, at the autopsy and in the laboratory is defined and well known, this paper focuses on the difficulties that could arise if forensic pathologists and entomologists are uncertain about the procedures that they have to follow, do not realize the value of objective findings or fail to evaluate them. Although every forensic case presents a slightly different set of circumstances and has to be tackled individually, the forensic pathologist should work with the forensic entomologist from the visual observations of the cadaver on the scene, through the collection of arthropods and temperature data at the death scene and at the autopsy, up to the final report with the interpretation of entomological and other biological evidence.     

Assessment of harm to the health in proximal hip fractures

The analysis of expert certification on isolated hip fractures has shown that some experts make errors of underestimation of harm to the health basing on the criterion "duration of health impairment". How to prevent such errors and to improve quality of forensic medical certification is proposed. Such measures will raise social value of medical forensic expertise.     

Why teach crime scene management to forensic university students?

Despite enhanced forensic collaborations between law enforcement agencies and universities, crime scene management remains a domain seen more as technical than scientific, largely carried out by sworn police officers qualified as scene of crime officers (SOCOs), confining forensic graduates to specialized expertise fields. Under such circumstances, we must ask ourselves why and how do we provide a generalised dedicated course to academic pupils who are not primarily intended to join such teams, excepting sometimes to assist them on a specialized field (explosion, arson, etc.)?Currently in Quebec, forensic graduates cannot join crime scene units attached to police forces, mainly because of unions, which argue about the need to be an experienced police officer before qualifying for a crime scene course.Based on the operational experience of the author, who created the foundational graduate forensic programme in Quebec, Canada, this paper will explain why such an academic course is still of high importance, its rationale within an academic curriculum, its goal and its implementation. Challenges are still to be considered, but selected feedback from students who understood that the aim of this course is distinct from their formal support disciplines, encourage such an approach.     

Effective use of forensic science in volume crime investigations: Identifying recurring themes in the literature

New scientific, technological and legal developments, particularly the introduction of national databases for DNA and fingerprints, have led to increased use of forensic science in the investigation of crime. There is an assumption, and in some instances specific assertions, that such developments bring improvements either in broad criminal justice terms or more narrowly in terms of economic or practical efficiencies. The underlying presumption is that the new technological opportunities will be understood and effectively implemented. This research investigates whether such increases in activity have also been accompanied by improvements in the effective use of forensic science. A systematic review of thirty-six reports published (predominantly in England and Wales) since the 1980s, which have considered the use of forensic science in the investigation of volume crimes, was carried out. These reports have identified a number of recurrent themes that influenced how effectively forensic science was used in investigations. The themes identified included forensic knowledge and training of investigators, communication and information exchange between specialists and investigators, timeliness of forensic results, interagency relationships and deployment of crime scene examiner resources. The research findings suggest that these factors continue to hinder the effective use of forensic science despite technological advances and this paper considers their potential causes.     

Stay cool or get hot? An applied primer for using temperature in forensic entomological case work

The reliable reconstruction of the temperature conditions at a crime scene is still a great challenge in forensic-entomological case work. Despite many published standards and guidelines for reconstructing temperature, and studies analysing the influence of various factors on the accuracy on such reconstructions, there are astonishingly many cases in the literature in which the temperature at the place of discovery is not reconstructed at all, i.e. the most common method is using the data of the nearest meteorological weather station without any correlation with on-site data. This study summarizes the state of the art in temperature reconstruction from an entomological point of view and compares the application of generalized additive models (GAMs) and linear regression on the basis of hypothetical death scenarios with various post mortem intervals (PMI) and measurement periods for the correlation between crime scene and weather station. We show that GAMs i.e. analysing the potential delay effect of temperature within a day, are the tools of choice because they give better, i.e. more accurate estimations than linear regression in 95,6% of all analysed cases regardless of the PMI, body discovery site and correlation period. Nevertheless, each case and crime scene is unique and therefore each entomological expertise should discuss the possible strengths and weaknesses of its temperature reconstruction. Even if temperature is not or cannot be reconstructed for various reasons, a comparison of on-site data with those of a meteorological weather station is the minimum forensic experts should do.     

论计算机取证相关问题——现场动态分析，获取“易挥发”数字证据

由于目前计算机专业取证人员数量的不足，当前司法实践中对于现场中正处于运行状态的计算机大多采用“二步式”取证的方式来搜集数字证据。即先由侦查人员对涉案计算机实施关机分离和保全。尔后再移交专业机构进行数字证据司法鉴定。这种方式虽然保障了数字证据的原始性和证明力。但无形之中造成了存储在RAM中的“易挥发”数据以及其他形式的潜在数字证据的丢失。而计算机信息系统中的这些“易挥发数据”可以为案件的侦破提供重要线索和潜在的数字证据。因此通过对侦查人员的专业培训．实现“易挥发数据”的现场动态获取和合理保全对数字案件侦查取证意义重大。