Attorney General v. X

In this case in which a 14-year-old girl said she had become pregnant after being raped by her friend's father, the Attorney General of Ireland had enjoined the girl and her parents from traveling to England for an abortion. A psychologist had testified that in her present state of mind, the girl was suicidal. The Supreme Court of Ireland held that the right to life supersedes all other rights, including the right to travel. However, if there is a real and substantial risk to the life of the mother which can only be avoided by termination of the pregnancy, then an abortion is permissible. The Court determined that the girl's risk of suicide satisfied this condition, and therefore the girl was allowed to terminate her pregnancy.     

A case of child abandonment--reflections on criminal responsibility in adolescence

The issue of responsibility for delinquent acts has been examined in the light of adolescence as a unique developmental stage, and it has been proposed that the degree to which one should hold an adolescent morally responsible for his/her acts corresponds to the degree to which he/she has individuated from his/her family and become a psychologic adult. A case was presented in which the crime of child abandonment was committed by an adolescent who was still deeply enmeshed interpersonally with her mother and had not yet achieved a separate identity as an adult. The psychiatric findings were presented to the Court after a plea bargain had been struck and prior to sentencing. They conveyed the belief, in lay terms, that moral responsibility for this crime was collective, to be borne in part by the perpetrator's family. The Court responded humanely with a suspended sentence, conditioned on psychotherapy, allowing the young mother to remain together with her first child. Not only does this article suggest the value of an understanding of adolescent psychiatric concepts for the forensic psychiatrist, it also suggests that the more subtle aspects of assigning responsibility can be better evaluated by the court at the time of sentencing than during the trial phase.     

DNA identification of skeletal remains by investigator’s intuition

In June 2006 a decapitated woman was found in a parking area of the motorway in the area of Prato (Florence). Since the body was beheaded and no victim’s documents or objects were present at the crime scene, identification at that time was impossible. However, DNA profile from woman’s bones were collected. In the same year (2003), a mother had reported her daughter's disappearance but the two events were not related at that time. About ten years later the mother’s DNA profile was finally acquired for a genetic identification of another girl’s body found in the Ferrara area. These genetic profiles were completely discordant. All these genetic comparisons were carried out on behalf of the prosecutors of the cities involved in the findings of the bodies and in the disappearance complaints, but due to the lack of a database the events remained disconnected. In January 2017, the head of the scientific police of Prato who had followed the investigation and questioned the mother of the missing girl found about ten years later, suggested to the magistrate to order the comparison of the mother's DNA with the genetic profile of the bones found in 2006. This comparison finally allowed the identification of the missing daughter.This story highlights the importance of having forensic DNA database to search for missing persons and how the investigator's intuition can play a key role in resolving criminal cases. In fact, databases of unknown bodies and relatives of missing persons were created in Italy as a part of national DNA database just at the beginning of 2018.     

DNA profile evidence in complex disputed paternity cases: The analysis of 300 real cases

In disputed paternity cases where the putative father is unavailable DNA from one or more of his relatives could be used. However, interpreting results is often difficult, because of the partial information regarding the parental genotype obtained from his relatives. We analyzed results obtained in 300 real paternity cases performed through close relatives of the real father (sib, half-sibs, one grandparent and/or uncle). DNA was typed with PowerPlex (Promega) and the LR estimated with the Software BDGen. As expected the higher LR values were achieved with sibs and half-sibs (in such cases where his/her mother was available for testing). The LR values were tight related to the number of uninformative loci, which varied between 0 and 13. In 10% of the reviewed cases, 10 or more non-informative loci were observed; all of them associated LR values below 0.01. Thus, providing evidence in favor of no relatedness.     

Consecutive infanticides in Japan

A 34-year-old housewife who was arrested for patricide confessed that she had also killed six newborn infants between 1975 to 1983. She is the mother of four other children, and her husband frequently works away from home. Her motive seemed to be economic. In addition to this case, 11 other cases of three or more consecutive infanticides are recorded for the 8-year period between 1979 and 1986 in Japan. All of the suspects were the natural mothers of the murdered infants, and most of them were married. The infants were killed immediately after delivery by various methods of asphyxia, such as strangulation, throttling, smothering, or suffocation.     

South Glamorgan County Council v. W and B

A Family Division English court held that a minor can be admitted to a psychiatric care facility against her wishes if it is in the best interest of the minor. The affected minor had been previously assessed by various psychiatrists and social workers after she had refused to attend school and begun to lead a reclusive life. Their recommendation had been that she be removed from her present home with her father and be admitted into an adolescent unit where she could receive psychological therapy. Following the divorce of her parents, the minor's temperament and mental health had seriously deteriorated. Although her father opposed these proceedings, her mother and her court appointed guardian both thought that psychiatric care was most appropriate for the minor. The court agreed, stating that the best interests of the child override any other considerations.     

Crossroads: The Intersection of Immigrant Enforcement and the Child Welfare System

Diana's children were placed in foster care when they were one‐ and three‐year‐olds. Their mother was arrested when she fought back to defend herself against an attack by her abusive boyfriend, Thomas. Thomas assaulted her in her apartment when she tried to end their relationship. A neighbor heard screams and called the police. When officers arrived, Thomas told his version of the events, but Diana was not able to communicate with the officers, since they did not speak Spanish and did not obtain the assistance of interpreters. The officers saw scratches on Thomas and a possible bite mark, in addition to bruises and scratches on Diana, arrested both of them, and called Child Protective Services (CPS) to take the children. Immigration and Customs Enforcement (ICE) soon issued a detainer when they obtained a copy of Diana's fingerprints through the Secure Communities program ¹ in effect in her local jurisdiction. Upon further review of the circumstances, the prosecutor decided to drop the charges against Diana; however, ICE took custody of her. She was subsequently transferred to a different immigrant detention center 300 miles away. The CPS caseworker placed Diana's children in temporary foster care with foster parents who did not speak Spanish, instead of with a willing aunt who had undocumented immigration status. Diana's children, born in the United States, are U.S. citizens. As the months passed, the children were no longer learning Spanish. The children did not visit with or talk with their mother for over six months because the CPS caseworker was unsure of Diana's whereabouts and how to communicate with her, despite that the original case plan called for reunification. As a result, the goal of the case plan was revised to pursue the termination of parental rights instead of family reunification.     

Psychological autopsy in the investigation of serial neonaticides

While the use of psychological autopsies has at least a 50-year history in the investigation of equivocal deaths and suicides, we report a case where, after the discovery of a woman who died of natural causes, a subsequent search of her home found three deceased newborn infants. The infants were born on three separate occasions; the most recent was delivered approximately 2 weeks before the death of the mother. Using her own diaries and interviews with family and friends along with the physical autopsy and scene investigation data, we built a psychological autopsy that addressed the mother's mental state over the period of time when the infants' deaths took place. While the use of the psychological autopsy was not employed to distinguish the manner of death of the mother, it did provide explanatory power over circumstances of the crime scene and the behavioral disturbance of the mother.     

Possible pitfalls in motherless paternity analysis with related putative fathers

Nowadays, more and more paternity cases are carried out investigating only child and putative father, mostly for economical or private reasons. Usually, reliable results can be obtained and the putative father can be included or ruled out with a high certainty. Considerable problems might arise when a relative of the biological father is investigated as being the putative father. In this study, we investigated 164 persons from 27 families creating artificial deficiency cases using the AmpFlSTRIdentifiler kit, which amplifies 15 STRs simultaneously. We analyzed 93 child/biological father pairs and the corresponding uncles, respectively the brothers of the biological fathers. The average paternity probability for the biological father was 99.9699% (paternity index (PI): 3321.26); only in three cases the results were under 99.9%. In five out of 125 child/uncle pairs no STR mismatches were found and paternity probabilities between 99.9726% (PI 3652) and 99.9970% (PI 33,545) were calculated. The average number of excluding loci was 3.4, but in 31.2% of the cases only zero, one or two mismatches were found. When both putative fathers were genetically typed, the biological father usually had a statistically higher paternity probability. Nevertheless, the differences between probabilities for father and uncle were only small. These results show that a reliable investigation of deficiency cases (i.e. child and putative father) seems to be more difficult than generally assumed. Especially in cases with an unknown familiar background and/or when investigating foreigners for immigration purposes, the laboratory expert should include the mother, increase the number of investigated loci or include a second method such as RFLP-analysis, some serological systems or typing of X-chromosome specific STRs to further ascertain the results.     

Babies Can't Wait: A Judicial Response

During my career as a Family Court Judge over the past 12 years, I was faced daily with the difficult task of deciding whether or not to remove a newborn infant from the care of her mother and place the child in foster care upon discharge from the hospital. In the huge majority of cases, removal was ordered based upon the mother's history of substance abuse and the subsequent positive toxicology of the infant at birth. I could not risk the health and safety of this often premature and vulnerable infant to a mother with such an addiction to drugs that she would expose her child in utero to these toxic substances. Such a mother was incapable of caring for the basic needs of this vulnerable infant, and therefore removal was ordered. This decision saddened me because, as a mother myself, I knew of the critical bond existing between infant and mother during those critical first days and weeks of a child's life. That bond must be nurtured and strengthened and is crucial to a child's development.     

Apparently contradictory homozygosity of gc- and esd-markers in three generations (author's transl)]

In a paternity case we found contradictory blood group antigens in the serum- and enzyme-polymorphisms Gc and EsD of the child, her mother and grandparents. A possible accidental exchange of the child could be excluded by biostatistical calculations of the probabilities of motherhood, fatherhood and parenthood, and the descent from the parents was proven in both generations. The serological findings may be explained by the concurrent existence of silent genes or of genes that cannot be determined as yet. The genetic information Gc degrees descended from the grandfather and that for EsD degrees from the grandmother. Both were transmitted from the mother to the child. Thus, the case could be cleared by statistical considerations only.     

"Spontaneous" coronary artery dissection. The challenge of detection, the enigma of cause

Sudden death secondary to acute dissection of a coronary artery is a rare, but increasingly recognized, cause of sudden, unexpected death in apparently healthy persons. It has been reported more frequently in women and has been associated with sudden death during the puerperium. It has also been reported that these involved coronary vessels contain increased numbers of eosinophils and often show areas of cystic medial necrosis. In this article, we report a case of sudden death in a 47-year-old white woman due to dissection of the distal segment of her left anterior descending coronary artery. There was marked involvement of the coronary arterial walls with cystic degeneration of the media with accumulation of glycosaminoglycans as demonstrated by Alcian blue staining. There was no eosinophilic infiltrate within the arterial walls. This case is unusual in that this woman's mother and brother both have had aneurysms, which stresses the importance of not only searching carefully for these lesions, but also of obtaining family history in such cases.     

An unusual case of a triple suicide pact at the time of the COVID-19 pandemic

In December 2020, the World Health Organization (WHO) declared SARS-CoV2 a global pandemic. Home confinement, low social contacts, and fear of virus transmission played a major role as risk factors for suicides during the following period. Suicide pacts, in particular, showed a different pattern. A rare case of a triple suicide pact among members of the same family nucleus is presented. The victims were an elderly, severely ill woman and her adult children (a son and daughter), linked by a morbid relationship. The last time the family was seen alive was 40 days before the discovery. All corpses presented decompositional changes. After a full autopsy, the cause of death was determined to be a lethal intake of morphine for the mother and acute blood loss due to self-stabbing at the neck for the siblings. The younger woman was under the effects of a large amount of heparin. Toxicological analysis was positive for opioids and alcohol in both siblings. Suicide pacts have rarely been described during the COVID-19 pandemic. In the few cases reported, the victims were more often relatives than people in a romantic relationship. The involvement of three people is unusual, as is the use of different suicide methods among the victims. In the presented case, the elderly mother's imminent death from terminal cancer, her concern over dying in a nondomestic environment, and the siblings' fear of being alone likely led to the conception of the suicide pact. Social isolation and economic difficulties also played a contributing role.     

Adoption and Victorian culture

In 1888, evangelical, educator and feminist Constance Maynard adopted Effie Anthon, a six year old girl from a Salvation Army orphanage. Her mother, Rosabianca Fasulo was an unmarried, Italian woman recently “rescued” by the Salvation Army. Maynard anticipated that Effie would one day join her at her college but she met none of the expectations for her. She entered domestic service but fell ill with tuberculosis and died in a workhouse in 1915. This is one particular case history of an adoption when the practice was not yet formalized but small numbers began to adopt children unknown to them. It tentatively opens up the history of adoption in Victorian Britain. It also illuminates some broader questions about family ties, the meanings associated with motherhood, and how the body and character formation were understood.     

Interpretation problems in a forensic case of abstinence determination using alcohol markers in hair

In a child custody case a mother with a longstanding history of alcohol misuse had to show absolute abstinence for one year. She entered a residential rehabilitation for six months and was tested two months later by way of a hair test for ethyl glucuronide (EtG) with the result of 22 pg/mg in the proximal 0-1cm segment and the segments 1-2 cm and 2-3 cm being negative. This was interpreted as a minimum alcohol intake of 20-50 units per week in the month before sampling. Since the mother denied any alcohol intake a second hair sample was collected seven weeks after the first and analyzed for fatty acid ethyl esters (FAEEs) by a second laboratory. A low concentration of 0.03 ng/mg was measured within the 0-6 cm segment of recently bleached hair and was interpreted as showing no evidence of alcohol use during the last six months. Three further hair samples were analyzed during the next nine months with low EtG values (<2.4-3.3 pg/mg, 0-3 cm segment) and low FAEE values (0.27-0.53 ng/mg, 0-6 cm segment). These findings were summarized as indicating continued low alcohol consumption over the past one year period. As a consequence of the conflicting results, the case was dealt with in a hearing before the Family Division of the High Court of London. It was concluded in the judgment that the evidence did not indicate that the mother had consumed alcohol in the period tested by the hair samples. It was stated that the evidence in this case highlighted the need for the exercise of considerable caution when hair tests for alcohol are being interpreted and relied upon, both generally and particularly in isolation, and that this case is a proper reminder of the need for expert evidence to be given in a manner according to the Practice Direction.     

Presence of fecal material in diapers as a potential source of error in estimations of postmortem interval using arthropod development rates.

Second instar larvae of the fly Chrysomya megacephala (Diptera, Calliphoridae) were recovered from the diapers of a 16-month-old child abandoned by her mother on Oahu, Hawaii. The development of these larvae indicated a minimum period of 23.5 h of exposure prior to discovery of the child. Larvae of this species of fly are not normally associated with living tissues in Hawaii, but rather with feces and remains during the early stages of decomposition. Had the child in this case died and data not been provided detailing the site of infestation, the postmortem interval estimated would have been significantly longer than was actually the case, because of the development of the larvae inside the diapers of the living child. The need for caution in cases involving deaths of infants, the elderly, and individuals not capable of caring for themselves is stressed.     

Fatal accidental hanging by a high-chair waist strap in a 2-year-old girl

High chairs are commonly used to feed children after 6 months. Related injuries are oftentime minor and rarely leading to death. We describe a case of a 2-year-old female child who used to jump alone on her high chair and also had the habit to fasten the straps by herself. Her mother found her hanging by the waist straps. A thorough investigation showed that she climbed her high chair and fastened the waist straps but not the crotch one. The girl slid down into the seat, trapping her neck in the waist straps and thus resulting in hanging. In here, we concluded that the victim's death was caused by asphyxia, itself, caused by accidental hanging. The present case is of a special interest because of the rare similar cases reported. This case suggests that a correct restraint use and a close supervision would have prevented such a fatal issue.