Forensic Paleontology: A Tool for “Intelligence” and Investigation

Paleontology and facies analysis proved to be useful tools in activities of intelligence and investigation on some criminal cases, as well as in in‐court activities, thus defining the “forensic paleontology” area of study. The definition was given by analyzing its possible specific applications and excluding some marginal activities. The reliability of forensic paleontology was then assessed in light of the results achieved in some actual cases and in an ad hoc simulation. The investigated cases concerned intelligence and ordinary law enforcement activities. Special attention was paid to crimes against the cultural heritage. Ex post re‐examination of the cases substantiated the value of this scientific branch in investigations, while stressing the possible difficulties in explaining its results to lay persons. Therefore, careful preparation of technical and linguistic preliminary notes for judges, prosecutors, and lawyers as well as a special training for consultants are recommended before presenting results as exhibits in in‐court cross‐examinations.     

“Great Men,” Law,and the Social Construction of Technology

Is Alexander Graham Bell's fame owed to law and lawyers? Two recent histories argue that some popular tales of invention originated with lawyers and judges as part of patent litigation battles (Stathis Arapostathis and Graeme Gooday , Patently Contestable: Electrical Technologies and Inventor Identities on Trial in Britain [2013]; Christopher Beauchamp , Invented by Law: Alexander Graham Bell and the Patent That Changed America [2015]). Bringing law into the historical project of understanding the social construction of technology, the authors unsettle “great man” narratives of invention. A tale of a recent patent war is a case study in the persistence of such narratives, highlighting the uses of legal storytelling (Ronald K. Fierstein , A Triumph of Genius: Edwin Land, Polaroid, and the Kodak Patent War [2015]). Together, these works invite consideration of the cultural power possessed by invention origin stories, the role of narratives in law and history, and the judicial performance of truth finding in Anglo‐American law .     

“CRACK,” STREET GANGS,AND VIOLENCE*

This investigation considers the connections among street gangs, “crack” cocaine, and violence associated with crack distribution during the initial years of crack proliferation. Data were extracted from the narcotics investigation files and homicide fires of five Los Angeles Police Department and Sheriff's Department areas where both crack and gangs were prominent. The aims were to compare for 1983–1985, when crack first emerged as a significant problem, hypotheses about (1) gang involvement in crack distribution and (2) concomitants of gang involvement, particularly violence. The analyses confirm a dramatic growth in crack sales, an accompanying increase in gang members involved, but a declining rate of involvement, and inconsistent evidence on the impact of gang involvement on sales events. We infer that crack distribution, while including many individual gang members, was not primarily a street gang phenomenon.     

Forensic Science

Scientific evidence is often more reliable than other types of evidence commonly used in criminal trials – i.e., eyewitness identifications, confessions, and informant testimony. Nevertheless, despite its obvious value, forensic science has not always merited the term "science." Three developments in the 1990s focused attention on its shortcomings: the advent of DNA profiling, the Supreme Court's "junk science" decision, and a number of wellpublicized crime laboratory scandals. In light of these developments, and in order to take full advantage of the power of forensic science to aid in the search for truth, a number of reforms are needed: Crime laboratories should be accredited, lab procedures should be standardized, and basic research needs to be conducted on many commonly used techniques. Court procedures also require improvement: Defense experts should be more readily available to indigent defendants, and more comprehensive pretrial disclosure of the substance of expert testimony should be provided.     

Machiavelli,Guicciardini and the “Governo Largo”

Niccolò Machiavelli's support for what he calls governo largo, or popular government, is usually contrasted with the diffidence towards it of Francesco Guicciardini, the Florentine aristocrat. The article argues that both these authors grounded their vision on Polybius' theory of “mixed government,” though adapting it in different directions. In examining this difference, the article reaches the conclusion that it concerns far less the degree of popular participation in political decision‐making and government than the value that Machiavelli and Guicciardini respectively ascribe to it in comparison with that of safety‐liberty (or legal certainty). In this respect, their theories may be viewed as anticipating the tensions between democracy and the rule of law, the co‐presence of which provides the essential foundation of the structure of present‐day constitutional democracies.     

The Utility of the Samworth and Gowland Age‐at‐Death “Look‐up” Tables in Forensic Anthropology*

Abstract: Accurate age‐at‐death estimates are crucial to forensic anthropologists when onstructing biological profiles aimed at narrowing a missing‐persons list and to allow for timely and efficient identification of an unknown victim. The present contribution evaluates the utility of three new age‐at‐death estimation techniques recently proposed by Samworth and Gowland (2007). Results indicate that, in the samples under study, the Samworth and Gowland estimates from the pubic symphysis and auricular surface perform similar to alternate phase methods. The combined method does not appear to further enhance either the precision or the accuracy of the single pubic symphysis age‐at‐death estimate. In conclusion, these new methods seem to be more robust to distribution deviations than originally proposed by Samworth and Gowland (2007). They are therefore suitable for immediate and reliable forensic usage in the United States and worthy of further research for their use in North American forensic contexts.     

Fatal Wounds Sustained from “Falling Bullets”: Maintaining a High Index of Suspicion in a Forensic Setting

Celebratory gunfire injuries from “falling bullets” occur when guns are fired into the air during celebrations without realizing that this can cause serious injuries or even fatalities. Fatal celebratory gunfire injury is an uncommonly reported event in the continental United States. Our electronic database was queried for homicides occurring within days of July 4th and December 31st over a 14‐year period. We describe two cases of fatal gunfire injury due to celebratory gunfire occurring during New Year's Eve in Southern Florida. The relevant literature is reviewed. These case reports illustrate that fatal gunfire injuries sustained from “falling bullets” may pose as an unexpected mimic to sudden natural deaths especially in patients with prior medical history. A high index of suspicion to recognize such injury is required particularly during holidays.