An experimental comparison of adversarial versus inquisitorial procedural regimes

This article reports the results of a multiyear series of economicexperiments comparing the two dominant types of legal proceduresused in adjudication: (1) the 'adversarial' model of party-controlledprocedure versus (2) the 'inquisitorial' model of judge-controlledprocedure. The principal finding is that the relative fact-findingefficiency of the two systems, in terms of both the 'revelation'of hidden facts and the 'accuracy' of decision, depends significantlyupon the information structure. Under a 'private' informationstructure, inquisitorial procedure is relatively more efficient,whereas under a 'correlated' information structure, adversarialprocedure is relatively more efficient.     

Analysis of Bone Healing in a Postoperative Patient: Skeletal Evidence of Medical Neglect and Human Rights Violations

This study highlights complexities associated with postsurgical trauma interpretation of a 76‐year‐old female patient from a psychiatric institution in Mexico. The skeletal analysis identified complications from an unsuccessful surgical operation for an intertrochanteric fracture of the femur. An improperly placed surgical plate resulted in nonunion due to limited contact between fracture margins. However, it is unclear whether this resulted from surgical complications, ineffective postoperative care, or from the decedent's limited ability to follow postoperative care instructions. Additionally, failure of the plate resulted in degenerative changes to the acetabulum. These complications, associated with degenerative changes to upper limb joints, suggest significant mobility issues. The pattern of antemortem trauma and contextual information support a conclusion of postoperative medical neglect, a documented problem in psychiatric institutions in Latin America. This study provides insight into the relevance of detailed trauma assessment of skeletal remains in cases where neglect and human rights violations are suspected.     

Ancestry Assessment Using Random Forest Modeling, ,

A skeletal assessment of ancestry relies on morphoscopic traits and skeletal measurements. Using a sample of American Black (n = 38), American White (n = 39), and Southwest Hispanics (n = 72), the present study investigates whether these data provide similar biological information and combines both data types into a single classification using a random forest model (RFM). Our results indicate that both data types provide similar information concerning the relationships among population groups. Also, by combining both in an RFM, the correct allocation of ancestry for an unknown cranium increases. The distribution of cross‐validated grouped cases correctly classified using discriminant analyses and RFMs ranges between 75.4% (discriminant function analysis, morphoscopic data only) and 89.6% (RFM). Unlike the traditional, experience‐based approach using morphoscopic traits, the inclusion of both data types in a single analysis is a quantifiable approach accounting for more variation within and between groups, reducing misclassification rates, and capturing aspects of cranial shape, size, and morphology.     

Sex estimation in a modern American osteological sample using a discriminant function analysis from the calcaneus

Reliable methods for sex estimation during the development of a biological profile are important to the forensic community in instances when the common skeletal elements used to assess sex are absent or damaged. Sex estimation from the calcaneus has potentially significant importance for the forensic community. Specifically, measurements of the calcaneus provide an additional reliable method for sex estimation via discriminant function analysis based on a North American forensic population. Research on a modern American sample was chosen in order to develop up-to-date population specific discriminant functions for sex estimation. The current study addresses this matter, building upon previous research and introduces a new measurement, posterior circumference that promises to advance the accuracy of use of this single, highly resistant bone in future instances of sex determination from partial skeletal remains. Data were collected from The William Bass Skeletal Collection, housed at The University of Tennessee. Sample size includes 320 adult individuals born between the years 1900 and 1985. The sample was comprised of 136 females and 184 males. Skeletons used for measurements were confined to those with fused diaphyses showing no signs of pathology or damage that may have altered measurements, and that also had accompanying records that included information on ancestry, age, and sex. Measurements collected and analyzed include maximum length, load-arm length, load-arm width, and posterior circumference. The sample was used to compute a discriminant function, based on all four variables, and was performed in SAS 9.1.3. The discriminant function obtained an overall cross-validated classification rate of 86.69%. Females were classified correctly in 88.64% of the cases and males were correctly classified in 84.75% of the cases. Due to the increasing heterogeneity of current populations further discussion on this topic will include the importance that the re-evaluation of past studies has on modern forensic populations. Due to secular and micro evolutionary changes among populations, the near future must include additional methods being updated, and new methods being examined, both which should cover a wide population spectrum.     

Estimating sex of the human skeleton based on metrics of the sternum

Estimating the sex of skeletal remains is critical in creating the biological profile of an adult individual. Previous research has shown that analyzing the sternum may lead to an accurate estimation of sex based on studies performed on various populations around the globe, such as Indian, European, African, Canadian and North American. The motivation of the current study is to develop classification functions and sectioning points for use in forensic investigations in the United States. The majority of previously published methods are population specific, meaning the data would not prove useful in the United States. For this study, sternal measurements were collected from the William M. Bass Donated Skeletal Collection located at The University of Tennessee, Knoxville following the metric definitions provided by Schwartz and Bass. This collection consists of recent skeletal remains with known age at death, ancestry and sex. Material for the present study consisted of 410 human sterna: 285 male (256 American White/29 American Black) and 125 female (120 American White/5 American Black). Previous studies analyze the applicability of Hyrtl's law in the estimation of sex. This law follows that the mesosternum is greater than twice the length of the manubrium in males and in females the length of the manubrium is greater than half the length of the mesosternum. In this study, comparisons of the proportion of the length of the manubrium to the length of the mesosternum were performed to determine if Hrytl's law is applicable in an American population. Comparisons of these measurements between individuals identified as American Black and American White were analyzed to determine whether this method could be used on both population groups. Further, discriminant function analysis was used to estimate sex and provide a population specific classification function for use in the United States. The discriminate function analysis produced an overall cross-validation classification rate of 84.12% for sex estimation. The cross-validation classification rate for males and females was 80.00% and 88.24%, respectively.     

The Future Israeli-Palestinian Relationship

In this concept paper, the Joint Working Group on Israeli‐Palestinian Relations‐a group of influential Palestinians and Israelis that has been meeting periodically since 1994 to discuss final‐status issues in the Israeli‐Palestinian negotiations‐explores the future relationship between the two societies after the signing of a peace agreement. The paper considers a relationship based on total separation between the two societies and states as neither realistic nor desirable. Instead, it envisages a future relationship based on mutually beneficial cooperation in many spheres, conducive to stable peace, sustainable development, and ultimate reconciliation. The basis for such a relationship must be laid in the process and outcome of the final‐status negotiations and in the patterns of cooperation established on the ground. Efforts at cooperation and reconciliation cannot be pursued apart from their political context. The paper argues that the only feasible political arrangement on which a cooperative relationship can be built is a two‐state solution, establishing a genuinely independent Palestinian state alongside of Israel. The resolution of final‐status issues must be consistent with the sovereignty, viability, and security of both states. The paper then proceeds to describe several models for the relationship between the two states and societies. It advocates a model of close cooperation, but proposes that this relationship be built in stages. The scope and speed of expanding and institutionalizing cooperative activities must be determined by experience‐by the extent to which such activities meet the needs of both parties, enhance mutual trust, and reduce inequalities between the parties. Finally, the paper discusses three avenues for promoting a cooperative relationship based on equality, reciprocal benefit, and mutual trust and respect: the development of functional ties and civil‐society institutions across national borders; programs directed toward attitude change and stereotype reduction; and efforts to close the economic and political gap between the two societies.     

Sex estimation in forensic anthropology: skull versus postcranial elements

When the pelvis is unavailable, the skull is widely considered the second best indicator of sex. The goals of this research are to provide an objective hierarchy of sexing effectiveness of cranial and postcranial elements and to test the widespread notion that the skull is superior to postcranial bones. We constructed both univariate and multivariate discriminant models using data from the Forensic Anthropology Data Bank. Discriminating effectiveness was assessed by cross-validated classification, and in the case of multivariate models, Mahalanobis D(2). The results clearly indicate that most postcranial elements outperform the skull in estimating sex. It is possible to correctly sex 88-90% of individuals with joint size, up to 94% with multivariate models of the postcranial bones. The best models for the cranium do not exceed 90%. We conclude that postcranial elements are to be preferred to the cranium for estimating sex when the pelvis is unavailable.     

Ancestry Estimation in Forensic Anthropology: Geometric Morphometric versus Standard and Nonstandard Interlandmark Distances

Standard cranial measurements are commonly used for ancestry estimation; however, 3D digitizers have made cranial landmark data collection and geometric morphometric (GM) analyses more popular within forensic anthropology. Yet there has been little focus on which data type works best. The goal of the present research is to test the discrimination ability of standard and nonstandard craniometric measurements and data derived from GM analysis. A total of 31 cranial landmarks were used to generate 465 interlandmark distances, including a subset of 20 commonly used measurements, and to generate principal component scores from procrustes coordinates. All were subjected to discriminant function analysis to ascertain which type of data performed best for ancestry estimation of American Black and White and Hispanic males and females. The nonstandard interlandmark distances generated the highest classification rates for females (90.5%) and males (88.2%). Using nonstandard interlandmark distances over more commonly used measurements leads to better ancestry estimates for our current population structure.     

A Longitudinal Study on Human Outdoor Decomposition in Central Texas

The development of a methodology that estimates the postmortem interval (PMI) from stages of decomposition is a goal for which forensic practitioners strive. A proposed equation (Megyesi et al. 2005) that utilizes total body score (TBS) and accumulated degree days (ADD) was tested using longitudinal data collected from human remains donated to the Forensic Anthropology Research Facility (FARF) at Texas State University‐San Marcos. Exact binomial tests examined the rate of the equation to successfully predict ADD. Statistically significant differences were found between ADD estimated by the equation and the observed value for decomposition stage. Differences remained significant after carnivore scavenged donations were removed from analysis. Low success rates for the equation to predict ADD from TBS and the wide standard errors demonstrate the need to re‐evaluate the use of this equation and methodology for PMI estimation in different environments; rather, multivariate methods and equations should be derived that are environmentally specific.