The need of regulation of production of components for forensic-medical molecular-genetic technologies and improvement of legal basis of forensic-medical molecular-genetic expert examinations in the Russian Federation

Of late, Ministry of Health of Russian Federation has developed instructions concerning forensic-medical molecular genetic methods of analysis promoting creation of standardized forensic-medical genetic service. However, some legal uncertainty exists in respect to design and production of the materials for forensic-medical molecular-genetic technologies, unification and standardization of molecular-genetic kits and methods. It is thought necessary to regulate legally forensic medical molecular-genetic technologies from foreign countries and production and use of domestic components for forensic medical molecular-genetic expert examinations.     

Molecular-genetic forensic expert investigations in the Russian Federation: problems and perspectives

Introduction of molecular-genetic technology into forensic-medical expert practice in Russia took place in unfavourable conditions of poor financial support and, consequently, the results appeared unsatisfactory. Organisation and functioning of genetic laboratories must be controlled and provided with an adequate system of training personnel and professional control. Application of molecular-genetic methods in forensic medicine meets the needs of expert practice if it is based on the systemic approach. The system is proposed to be headed by Russian Center for Forensic-Medical Expert Examination. This center is to update and control the activity of all institutions involved in forensic medical expert examination in Russia and conduct monitoring of the studies and training of specialists for the system.     

Some mathematical problems in the DNA identification of victims in the 2004 tsunami and similar mass fatalities

DNA is a major and essential identification tool for mass fatality incidents including the hundreds of thousands of victims of the 2004 Indian Ocean tsunami. Mathematical complications characteristic of this sort of mass fatality include prevalence of related victims, the many races represented among the victims, and various identification modalities in tandem with DNA. Four mathematical problems of interest are discussed in this paper. (1) Other quantifiable factors (i.e. geography) can be formally accounted for by including a likelihood ratio that can be thought of as reducing the "effective number of victims." (2) When a victim is found and tentatively identified as V, but then it comes to light that the victim has a relative W who is also missing, confidence in the identity is depressed. To account for the existence of W, increment the effective number of victims by the likelihood ratio supporting W as the identity of the victim. (3) When several apparently related victims are found, their mutual identities should be calculated simultaneously. Compared to one-at-a-time, serial identifications, this is both logical and may lead to much more confidence in the identities. (4) Although there may be many different population groups represented among the missing, it is generally sufficient to consider population statistics for only a few of them in deciding whether to declare an identification.     

Police surgeons and organization of forensic-medical examination in Sankt-Petersburg prior to the establishment of the city medical department

The author presents documents illustrating one of the stages in the organization of forensic-medical service that provided the basis for the establishment of the city medical administration in 1873.     

Effects of prior knowledge and expert statement on belief in recovered memories: an international perspective

We tested the hypothesis that beliefs in the purported attributes of recovered memories of child sexual abuse (CSA) are associated with knowledge of the "recovered/false memory debate", and that such beliefs will be related to assessments of the credibility of statements made by participants in a vignette about CSA. Participants from five countries (the United States, Canada, New Zealand, the United Kingdom and Israel) responded to a questionnaire regarding beliefs about recovered memory as well as self-reported exposure to and knowledge of the debate. In addition, they assessed the credibility of statements made by a daughter (reporting recovery of memories of sexual abuse by her father), her father (denying the allegation and accusing the daughter's therapist of implanting in her false "memories" of abuse), and two experts (each supporting one of the two protagonists). We found that prior knowledge of the debate across countries was linked to beliefs in specific attributes of recovered memories and to a subset of the credibility assessments of statements made by the protagonists and their experts. For individuals, however, credibility assessments were unrelated to knowledge of the debate, but they were related to beliefs about memory recovery. Finally, credibility of the protagonists' statements was differentially associated with those made by the daughter's and the father's experts. The results suggest that whereas familiarity with the debate does not affect the credibility of the statements made by the complainant and the accused, expert testimony does, as has been found in prior research. The psycholegal implications of this conclusion are discussed.     

Identification of victims from two mass-graves in Serbia: a critical evaluation of classical markers of identity

Reliable identification of victims in mass graves is of humanitarian and human rights concern. Because mass graves in the former Yugoslavia usually contain an 'open' population of large numbers of unknown victims and therefore 'presumptive identifications' based on classical markers of identity are problematic, greater reliance is now made on blind matches between victim DNA and a database of donated blood DNA samples from family members of missing persons. Nevertheless, there will always remain a legal and social need to show good correspondence between a DNA-derived identification and classical markers of identity. Moreover, pathologists and anthropologists, who must continue to rely in much of their case work on classical methods, need to evaluate on an ongoing basis the goodness of fit between the two paradigms of identification. The Institute of Forensic Medicine and Laboratory for Anthropology in Belgrade participated in 2001 in the exhumation and identification of more than 300 bodies of Kosovar Albanians interred in two mass graves at Batajnica, near Belgrade, Serbia. Of these bodies, 136 were legally identified by the end of 2003 providing an opportunity for the forensic experts to evaluate their post-mortem findings of classical markers of identity. Sex and age at death of young to middle-aged adults were reliably determined but old adults were markedly under-aged. Stature was reconstructed reliably in 77% of cases. Dental status contributed little to identification efforts. In no case did classical markers of identity require rejection of the DNA-based identification. It is concluded that: sex determination from pelvic bones is very reliable, as are age at death estimates from pelvic and rib standards for young to middle-aged adults but that uncertainty intervals for age at death in older adults be broadened or refined by creation of local osteological standards.     

公安机关鉴定人员面临错鉴责任风险

错案时有发生,错案与错误的科学证据有着密切关系。在全面推进依法治国、建设社会主义法治国家的大背景下,公安部对《公安机关人民警察执法过错责任追究规定》做了修订,其中的内容涉及鉴定人员出具虚假、错误鉴定意见的法律责任。除了相关部门加大投入、提高鉴定人员的待遇之外,作者提出了5条建议:加强对鉴定人员的职业伦理教育;鉴定人员应当努力提升自身的业务水平;规范实验室管理,严格鉴定程序;做好送检的检材、样本等物证的交接与保管;增强鉴定文书书写制作意识,保存好鉴定档案。     

The use of material culture to establish the ethnic identity of victims in genocide investigations: a validation study from the American Southwest*

Successful prosecution of genocide requires that the victims constitute one of four protected groups: national, religious, ethnic, or racial. Establishing victim identity in prior trials has relied on positive identification of decedents, been largely presumptive, or was based on untested methodology. This report details a validation study of one untested method: the use of material culture in establishing ethnic identity. Classes of clothing and personal effects were scored on 3,430 individuals of known Hispanic or White ancestry from autopsy records in New Mexico. Significant differences were seen in evidence of language, nationality, and religious affiliation between the two groups, as well as clothing types and currency. Predictive models used to estimate ethnic identity in random, blind subsets produced an overall accuracy of 81.5% and estimates of 61-98% in specific subsets. Results suggest material culture, when present, can provide reliable evidence of ethnic affinity in genocide investigations.     

Identification and analyses of female civilian victims of the 1991 war in Croatia from the Glina and Petrinja areas

Introduction

The process of recovering and identifying human remains from individual and mass graves has proven to be the most effective method of resolving the fate of missing individuals in the former Yugoslavia. These efforts have two primary objectives: medicolegal—to identify the cause of death, and humanitarian—to bring closure to living family members, thus supporting the human rights of both the living and the deceased. From 1996 to the present, the remains of 388 individuals killed during the 1991 War in Croatia were recovered from the Glina and Petrinja areas (Sisa?ko–Moslova?ka County). The purpose of this paper is to report on the demographic and taphonomic characteristics of the recovered remains, and identify factors responsible for the discrepancy in the identification ratios.

Methods

To identify factors potentially responsible for the noted discrepancy, data were collected on the taphonomic characteristics of the recovered remains, the types of burials, as well as the factors responsible for positive identification. These factors included: forensic DNA testing, dental criteria, special signs (healed fractures, etc.), clothing and personal artifacts.

Results

The age distributions between males and females in the sample are significantly different. The mean age-at-death for males is 51.6 years, for females 67.0 years. In both sexes the majority of identifications (62.9% in females and 45.9% in males) were established through a combination of biological and non-biological features. In terms of the types of graves from which the bodies were recovered, positive identification in both sexes was lowest in mass graves (61.2% for males, and 84.2% for females). Females from mass graves were, however, better preserved than males—36.6% of males recovered from mass graves were completely skeletonized, while the same was true for only 19.3% of females (χ² = 7.06, P < 0.029). Completely skeletonized remains were identified in only 65.1% of cases, while partially skeletonized and saponified bodies were identified in 80.1% of cases.

Conclusion

Since positive identification in both sexes is strongly correlated with preservation of the bodies, the reason why female identification frequencies in the Glina and Petrinja regions are higher than male frequencies lies in the fact that females recovered from mass graves were better preserved than males recovered from mass graves. Identification of the factors responsible for this is a challenge that needs to be resolved in future studies.     

Problems in organization and experience gained while working in the Department of Identifying and Examining Unrecognized Persons

Experience gained in organization and activities of department of unrecognized personality identification at the Khabarovsk Regional Bureau of Forensic Medical Expert Evaluations is presented. The period of 1998-2000 is analyzed. Programs developed at the department are presented and recommendations on the activities and organization of such departments are offered.     

Luis Alfredo Garavito Cubillos: criminal and legal aspects of serial homicide with over 200 victims

This is the first scientific report on the crimes of the homosexual paedophile sadist Luis Alfredo Garavito Cubillos, based on a research stay of the authors in Columbia, and including discussions with the investigators, and the offender. Between 1992 and 1999, Garavito killed more than 200 children in the core age span between 8 and 13 years (as an exception, 6 to 16 years). His modus operandi remained stable. During daytime, he lured children of a lower social status out of crowded parts of the city into hidden areas that were overgrown with high plants. Garavito promised either payment for easy work, or drugs, or made other socially believable offers. The children were tied up, tortured, raped, and killed by at least one cut in the lateral part of the neck, or by decapitation. During the killings, Garavito was drunk. Even after his arrest (for attempted sexual abuse under a wrong identity) it was not immediately possible to track his crimes since Garavito had frequently changed his places of stay and his jobs. He also grew different hairdos and used wrong names. During his still ongoing confessions, he directs the investigators correctly to all scenes of crime spread over large parts of Columbia. In our report, we give an overview over the course of investigations, hint to similarities in the cases of the German serial killer Denke (1920's) and homosexual paedophile serial killer Jürgen Bartsch (1960's), and give preliminary impressions on the offender's personality. Furthermore, the violent environment and juridical peculiarities in Columbia are discussed. In spite of a total penalty of 2600 years in prison, it is formally well possible that Garavito will be released out of prison within the next 10 to 20 years, i.e. even before the maximum sentence of 40 years will be over.     

Identification of the unidentified deceased and locating next of kin: experience with a UID web site page, Fulton County, Georgia

BACKGROUND: Medical examiner and coroner offices may face difficulties in trying to achieve identification of deceased persons who are unidentified or in locating next of kin for deceased persons who have been identified. The Fulton County medical examiner (FCME) has an office web site which includes information about unidentified decedents and cases for which next of kin are being sought. METHODS: Information about unidentified deceased and cases in need of next of kin has been posted on the FCME web site for 3 years and 1 year, respectively. FCME investigators and staff medical examiners were surveyed about the web site's usefulness for making identifications and locating next of kin. RESULTS: No cases were recalled in which the web site led to making an identification. Two cases were reported in which next of kin were located, and another case involved a missing person being ruled out as one of the decedents. The web site page is visited by agencies interested in missing and unidentified persons, and employees do find it useful for follow-up because information about all unidentified decedents is located and easily accessible, electronically, in a single location. CONCLUSIONS: Despite low yield in making identifications and locating next of kin, the UID web site is useful in some respects, and there is no compelling reason to discontinue its existence. It is proposed that UID pages on office web sites be divided into "hot" (less than 30 days, for example) and "warm" (31 days to 1 year, for example) cases and that cases older than a year be designated as "cold cases." It is conceivable that all unidentified deceased cases nationally could be placed on a single web site designed for such purposes, to remain in public access until identity is established and confirmed.     

Mitochondrial DNA typing--a new level for solving identification problems in forensic medical expert identification of unidentified remains of victims of terrorist acts in Moscow and the armed conflict in the Chechen Republic

Two large-scale episodes described in this paper reflect the first in Russia use of molecular genetic matrilinear markers (analysis of polymorphism of sequences of amplified fragments of mitochondrial DNA hypervariable locuses) in solution of a complex identification problem: forensic medical identification of unidentified fragments of victims of explosions of houses in Moscow in September, 1999, and of soldiers dead in the war conflict in the Chechen Republic in 1994-1996. The results of this work and methodological experience gained in it essentially extend the potentialities of expert studies as regards forensic medical identification of victims of large scale disasters, terroristic acts, and war conflicts.     

Differences in female and male victims and perpetrators of partner violence with respect to WEB scores

Measurements of intimate partner violence (IPV) based on acts of violence have repeatedly found substantial bilateral violence between intimates. However, the context of this violence is not well defined by acts alone. The objective of this research was to compare differences in women and men within each IPV status category (victim, perpetrator, and both) with respect to levels of battering as defined by their scores on the Women's Experience With Battering Scale (WEB), which asks gender-neutral questions about the abuse of power and control and fear in an intimate relationship. In our study, women disclosed higher levels of battering on the WEB, despite IPV status (victimization or both victimization and perpetration). In addition, female IPV victims were 5 times more likely than their male counterparts to disclose high rates of battering on the WEB. Depressive symptoms, symptoms of posttraumatic stress disorder, African American race, and IPV victimization were independently associated with higher WEB scores.