Forensic human identification in the United States and Canada: A review of the law, admissible techniques, and the legal implications of their application in forensic cases

Forensic human identification techniques are successful if they lead to positive personal identification. However, the strongest personal identification is of no use in the prosecution - or vindication - of an accused if the associated evidence and testimony is ruled inadmissible in a court of law. This review examines the U.S. and Canadian legal rulings regarding the admissibility of expert evidence and testimony, and subsequently explores four established methods of human identification (i.e., DNA profiling, forensic anthropology, forensic radiography, forensic odontology) and one complementary technique useful in determining identity, and the legal implications of their application in forensic cases.     

Interpretation,confidence and application of the standardised terms: Identified,Probable, Possible,Exclude and Insufficient in forensic odontology identification

Forensic odontology identification scales are used to express certainty of identifications of deceased persons. These standardized scales are assumed to convey unambiguous expert opinions and facilitate communication between forensic odontologists and end users. However, to date no studies have investigated how the experts interpret and use these scales.Forensic odontology identification scales are used to express certainty of identifications of deceased persons. These standardized scales are assumed to convey unambiguous expert opinions and facilitate communication between forensic odontologists and end users. However, to date no studies have investigated how the experts interpret and use these scales.This paper aims to examine the interpretation of the DVISYS forensic identification scale and choices of the levels in the scale subsequent to, and derived from, comparison of pairs of dental radiographs by extending the analysis of the data collected in the study by Page and Lain et. al. 2017.The studied variables: self-reported confidence, forced binary decision of match and non-match, choice of level in the DVISYS scale (Identified, Probable, Possible, Insufficient and Exclude) were further analysed in this study using mixed models for relationships between the choices of level in the identification scale and the fundamental beliefs of likelihood of identification.The results of this further analysis showed that the reported confidence of the decisions was correlated to the difficulty of cases, and as confidence decreased the use of less definitive terms (‘Probable’, ‘Possible’ and ‘Insufficient’) increased. ‘Probable’ and ‘Possible’ were used mainly in underlying beliefs below that of ‘Identified’ whereas ‘Insufficient’ was used mainly to convey a sublevel of ‘Exclude’. The use of ‘Insufficient’ in this study was not consistent with the prescribed definition of the term.The participants of the original study were not aware of the difficulty grading of the cases nor were required to grade them, however the reported confidence was systematically correlated to difficulty. Furthermore, indicated confidence level was correlated with choice of level on the scale in general, but the interpretation of the definition and application of the terms varied.The findings reported here contribute to the foundational knowledge of factors governing the interpretation and application of the DVISYS forensic odontology identification scale and suggest that this scale may need to be modified.     

基于Citespace的法医临床学研究发展历程分析

目的运用Citespace软件对法医临床学相关文献绘制知识图谱、进行可视化分析,探究该学科领域研究热点和动态发展,梳理鉴定难点脉络。方法汇总CNKI收录《中国法医学杂志》《刑事技术》《法医学杂志》《中国司法鉴定》刊登的法医临床学相关论文,利用Citespace分析其关键词、研究热点、基金资助、作者、发文机构及所在地等。结果法医临床学作为法医学分支学科之一,近年来呈现的科研成果部分获基金资助,多由开设法医学专业的院校完成;随着科研理论、技术方法推陈出新,法医临床学鉴定标准、版本也得以构建、更迭、完善,鉴定体量位居法医"四大类"之首。结论作为最具中国特色的法医学分支学科,法医临床学研究着重服务司法实践、以期用成果技术反哺鉴定,实现学术、实践的交流、转化。通过Citespace知识图谱可视化分析学科发展历程,有助于回溯此间规律,提示未来研究方向,提升鉴定业务水平,为持续增强法医临床学学科影响力提供借鉴。     

国外法医临床学发展史

法医临床学是法医学的重要分支学科,正处于蓬勃发展阶段。研究法医临床学的发展史,对明确其定义和实践范畴,维护司法公正,具有重要意义。本文将从“简介、历史溯源、18世纪之后的法医临床学发展、现代法医临床学、世界法医临床学司法实践现状和结语”六个部分介绍法医临床学在国外,尤其是英国的发展历史,促进我国法医临床学的学科建设和发展。     

Dentists' qualifications affect the accuracy of radiographic identification

This study assessed the effects of forensic odontologists' training and experience upon the accuracy of their dental radiographic identifications. Forty participating odontologists with various levels of training and experience completed a Web-based survey of their qualifications and then completed nine Web-based radiographic identification cases. They made their identifications using the American Board of Forensic Odontology Categories and Terminology for Body Identification. The results indicate that odontologists with high levels of training and experience performed significantly more accurately than those with lower levels. We conclude that high levels of training and experience in forensic odontology should be developed, maintained, and required of dentists who participate in a forensic team dealing with challenging identification cases.     

The forensic examination of structural fires in Victoria,Australia: Decision-making processes and impact on judicial outcomes

There is a body of published research that has evaluated the contribution of forensic science to the criminal justice system, but many disciplines of forensic science remain unexplored in this regard. The aim of this study was to examine the contribution that forensic fire examination services provide to criminal investigations and court processes in arson cases. Forensic fire examination services differ in a number of ways to the disciplines covered in previous research on the impact of forensic evidence on justice outcomes. Forensic fire examinations involve a combination of scene examination and laboratory analyses, and the results can provide critical evidence of whether an incident that has occurred is a criminal offence (i.e. whether a fire has occurred as the result of an act of arson). Forensic fire examination is also a discipline that has faced challenges and undergone development in recent decades regarding its scientific basis and the issue of contextual bias. In this study, data were collated for 273 structural fires that were examined by the forensic fire services in Victoria, Australia. In this jurisdiction, scene and laboratory forensic services are delivered within short time frames with a focus on providing impartial scientific and investigative services to assist criminal investigations conducted by police. The current dataset was highly skewed in terms of criminal justice outcomes and was not suitable for conducting the planned statistical analyses. Nonetheless, the pattern of findings obtained suggested that the inclusion of forensic evidence which supported the prosecution of arson may be associated with an increased likelihood of suspects being charged and defendants found guilty. Examination of the decision-making process of the forensic fire examiners has provided insight into the variety of evidence that is considered by forensic experts in reaching the important conclusion about the origin and cause of structural fires.     

Forensic occupational therapy to reduce risk of reoffending: a survey of practice in the United Kingdom

Forensic services are required to reduce an individual’s risk of reoffending. Despite being integral to forensic mental health services, the contribution of forensic occupational therapy to achieving this aim is unclear. This study describes current forensic occupational therapy practice to reduce reoffending risk in the United Kingdom. Responses to a cross-sectional survey consisting of multiple choice and free-text questions were analysed using frequency counts and percentages, and thematic analysis respectively. Of the 58 participants, 83% actively addressed reoffending risk. Participants informed practice with occupation-focused theories, models and assessment tools. Five themes described forensic occupational therapy to reduce reoffending risk: an occupational perspective of risk assessment and formulation; volitional realignment; increasing protective factors; community integration; and enhancing understanding of forensic occupational therapy. Forensic occupational therapists perceive their practice to contribute to reducing reoffending risk, but are yet to establish routine outcome measurement in this area. Implications for practice and future research are discussed.     

Missing persons-missing data: the need to collect antemortem dental records of missing persons

The subject of missing persons is of great concern to the community with numerous associated emotional, financial, and health costs. This paper examines the forensic medical issues raised by the delayed identification of individuals classified as "missing" and highlights the importance of including dental data in the investigation of missing persons. Focusing on Australia, the current approaches employed in missing persons investigations are outlined. Of particular significance is the fact that each of the eight Australian states and territories has its own Missing Persons Unit that operates within distinct state and territory legislation. Consequently, there is a lack of uniformity within Australia about the legal and procedural framework within which investigations of missing persons are conducted, and the interaction of that framework with coronial law procedures. One of the main investigative problems in missing persons investigations is the lack of forensic medical, particularly, odontological input. Forensic odontology has been employed in numerous cases in Australia where identity is unknown or uncertain because of remains being skeletonized, incinerated, or partly burnt. The routine employment of the forensic odontologist to assist in missing person inquiries, has however, been ignored. The failure to routinely employ forensic odontology in missing persons inquiries has resulted in numerous delays in identification. Three Australian cases are presented where the investigation of individuals whose identity was uncertain or unknown was prolonged due to the failure to utilize the appropriate (and available) dental resources. In light of the outcomes of these cases, we suggest that a national missing persons dental records database be established for future missing persons investigations. Such a database could be easily managed between a coronial system and a forensic medical institute. In Australia, a national missing persons dental records database could be incorporated into the National Coroners Information System (NCIS) managed, on behalf of Australia's Coroners, by the Victorian Institute of Forensic Medicine. The existence of the NCIS would ensure operational collaboration in the implementation of the system and cost savings to Australian policing agencies involved in missing person inquiries. The implementation of such a database would facilitate timely and efficient reconciliation of clinical and postmortem dental records and have subsequent social and financial benefits.     

《加强美国法庭科学之路》的反响和启示

美国科学院国家研究顾问委员会2009年2月发布的《加强美国法庭科学之路》明确指出目前美国法庭科学领域的很多学科存在严重缺陷,不能很好地为司法审判服务。本文通过对该报告出台背景和一年多来的争论和反响进行分析,对其披露的问题和提出的建议进行了详细解读。目前其主要争议存在于设立独立的国家法庭科学研究院和隔离法庭科学机构与执法...     

The Role of Forensic Odontology in the Field of Human Identification

The profession of forensic odontology can make a significant contribution to the field of forensic science in the identification of people both dead and living. The opinion of this author is that this profession is often neglected. This article is a non-technical review of the basic methods that can be used to gather scientific evidence through the use of forensic odontology. Because of the uniqueness of bite patterns, bite marks can identify a person with enough accuracy to result in conviction by the courts. In cases where an unidentified body is skeletonized or visual identification or fingerprint identification is not possible, identification can be established by dental identification. In cases of mass disaster such as airplane crashes or fires, dental identification can be the most useful method not only of determining identity but also of determining the number of victims involved in the disaster. Dental examination can establish characteristics unique to an individual which can be useful as aids in establishing identity. There are several significant obstacles to overcome including lack of standardization and computerization before dental identification can be better utilized. Neglect by the dental profession and dental colleges of this contribution to science should be addressed.

[EDITOR'S NOTE: Dr. Kim is currently Chairman of the Department of Biomedical Dental Sciences, College of Dentistry, King Saud University in Saudi Arabia. Dr. Kim has also served as the Associate Editor on Forensic Dentistry for this journal for the past five years.—Editor.]     

我国法务会计现状及其原因分析

法务会计是近年由英美法系国家传入我国的新事物。目前我国法务会计理论研究存在着种种误区,缺乏相应的法务会计制度性实践,法务会计人才培养也与市场需求脱节。法务会计不同于司法会计,它们根基于不同的司法体制和诉讼模式。法务会计的理论研究和实践探索必须立足于国情,与我国具体的诉讼、证据制度和司法行政体制相适应。     

The Importance of Blind Forensic Odontology Analyses

Forensic odontology cases examined from 2012 to 2019 at the Defense POW/MIA Accounting Agency (DPAA) laboratory were reviewed. Five cases from World War II and the Korea War were selected. Three of the cases presented involve dental assemblages, which were built by previous analysts. Postmortem radiographic analyses at the DPAA laboratory of these cases were complicated by the use of an older version of a digital x-ray program and the assumption that teeth placed in the parent bone (maxilla and mandible) did not fully articulate due to the presence of debris at their root apices. Conflicting mitochondrial DNA test results for the submitted teeth and previously believed to be parent bone indicated these elements were not from the same individual. The remaining two cases are examples of how knowledge of findings from other disciplines may sway an opinion and could possibly lead to the rendering of erroneous opinions by the forensic odontologist. Having knowledge of previous examinations or results from other scientists, disciplines, and lines of evidence may lead to a bias in findings or opinions. If not careful, even the best-intended scientist may fall victim to a bias in their opinion/analysis. The forensic odontologist should perform all analysis in the blind, not knowing any information which may bias their opinion, and utilize current versions of digital x-ray software available and their tools when performing their examinations.     

法医学鉴定标准的现状与问题

司法鉴定标准化是一个世界性的司法话题,伴随我国司法改革的实施和政府对标准化工作的重视,我国将迎来建立法医学鉴定标准体系的黄金时代。然而当前我国法医学鉴定标准却存在标准少、质量参差不齐、更新缓慢、标准制定的科学性不足等问题,导致司法鉴定工作与实践脱轨,很多鉴定项目缺乏鉴定标准。为此,作者建议,正确认识法医学鉴定标准的法律地位和存在的错误,致力于法医学鉴定标准化。     

近十年来我国现代法医昆虫学研究进展

法医昆虫学(Forensic entomology)指的是应用昆虫学知识解决法律上问题的法医学分支学科,在死后间隔时间判断,特别是腐败尸体的死后间隔时间判断等方面有著无可比拟的优越性。本文讨论了法医昆虫学的研究领域,从理论研究与实践应用两方面概述了近十年来法医昆虫学在我国的进展。     

The future of forensic and crime scene science. Part II. A UK perspective on forensic science education

This paper builds on the views presented by the author at 'The Future of Forensic and Crime Scene Science Conference'. Forensic science has become an increasingly prominent area of science within the last 10 years. This increasing prominence together with popularity in the subject has seen the number of undergraduate students studying forensic science related courses at UK Universities increase rapidly in just 5 years and there are no short term signs of this trend reducing. In 2005, there were 450 courses with forensic in the title offered by higher education institutes. Although the forensic community has expressed its concern that job prospects for these students wishing to pursue careers as forensic scientists will be limited numbers of students undertaking science courses have still increased. The increase in students studying forensic science comes in an era of decreasing science numbers in higher education with the potential to produce high calibre science graduates with sought after skills in critical thinking, analysis, interpretation and communication. Technology has continued to advance at a similar pace providing those responsible for managing crime with a need and opportunity to identify and predict new and future applications of science and technology; not just in reducing and detecting crime but also in predicting how technology will be used by criminals in the future. There is therefore a need for forensic science users, providers and educators to identify the knowledge and skills required by forensic scientists and crime investigators of the future to ensure that technology continues to be used and applied to its full advantage. This provides universities an opportunity to contribute to the development of both the practice and practitioners of forensic science. This paper outlines the current issues facing universities in relation to forensic science and identifies their future role in providing high quality relevant courses for future forensic practitioners; developing current forensic practitioners through their participation in applied research, short courses, conferences and qualifications linked to professional practice; and supporting and developing the practice of forensic and crime scene science, through the identification, engagement and dissemination of pure and applied research.     

Forensic entomology: application, education and research in Western Australia.

Forensic entomology as a science and a tool for investigation has had slow beginnings in Australia. A number of small animal decomposition trials have been recorded in the literature but mostly from an ecological rather than a forensic entomology perspective. In the last 20 years, a number of more forensically orientated field trials on small pigs and some fly developmental trials in the laboratory have been conducted but lack any replication. The following article was presented at an international seminar to detail the current research in forensic entomology, the applications of forensic entomology in scene of crime (SOC) and homicide investigations and the education of police and judiciary in the discipline of forensic entomology in Western Australia over the last 10 years.     

动物DNA分析在法庭科学中的应用

近年来,在法庭科学领域中,遇到越来越多的非人类DNA分型的问题,特别是来源于动物本身或者是动物的分泌物。作为证据,通过对犯罪现场非人类DNA的分型,不但可以知道在何地对何人或何物实施犯罪,而且,如果犯罪的实施方是动物,也可以知道其来自哪里。目前,在法医学领域,有关动物DNA分析方法的标准较少。根据国际法医遗传学会最新的研究成果,综述动物DNA在法庭科学中的应用现状和相关建议。     

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.     

Results of the 4th ABFO Bitemark Workshop--1999.

Thirty-two certified diplomates of the American Board of Forensic odontology (ABFO) participated in a study of the accuracy of bitemark analysis. Examiner experience as board-certified odontologists ranged from 2 to 22 years.Examiners were given sets of photographs (a cast in 1 case) of 4 bitemark cases and asked to report their certainty that each case was truly a bitemark and the apparent value of the case as forensic evidence. Participants also received 7 occluding sets of dental casts, 1 correct dentition for each case and three unrelated to any of the cases, and asked to rate how certain they were that each set of teeth had made each bitemark. Receiver operating characteristic (ROC) analysis resulted in an accuracy score of 0.86 (95% CI=0.82-0.91). Youden's index was used to determine a cutoff point for determining an accuracy score for each case. Accuracy scores were significantly correlated with bitemark certainty and forensic value (P<0.001 in both cases) but not with examiner experience (P=0.958). The use of individual ROC analysis with weighted Youden's index to calibrate individual accuracy was also demonstrated.     

The future of forensic and crime scene science. Part I. A UK forensic science user and provider perspective

This paper presents an overview of the views expressed by UK forensic science users and providers during the Centre for Forensic Investigation's 1 day conference 'The Future of Forensic and Crime Scene Science' and is set in the context of the changing national agenda and likely advances in current and future technology. It begins by examining the success of the Home Office DNA Expansion Programme and future demands of the Criminal Justice System, highlighting the changing use of forensic science both at the crime scene and within the forensic process itself. In particular, the use of forensic science at the early stages of an investigation to provide intelligence and support the decision making process is discussed together with the need to adopt a partnership approach to tackling crime and its causes. Key system and technological drivers for performance improvement and change are identified and the likely timescales and implications of their introduction are discussed. Finally, the Home Office plans to build on the success of the DNA Expansion Programme, through the introduction of the proposed Home Office Forensic Integration Strategy, are explored and the paper concludes by highlighting the benefits, implications and issues arising from the changing and developing use of forensic science.