Historical Trends in Graduate Research and Training of Diplomates of the American Board of Forensic Anthropology

The history of forensic anthropology has been documented by numerous scholars. These contributions have described the work of early pioneers in the field and have described important milestones, such as the founding of the Physical Anthropology Section of the American Academy of Forensic Sciences (AAFS) in 1972 and the American Board of Forensic Anthropology (ABFA) in 1977. This paper contributes to the growing literature on the history of forensic anthropology by documenting the academic training of all individuals who have been granted diplomate status by the ABFA (n = 115). Doctoral dissertation titles were queried to discern broad patterns of research foci. A total of 39 doctoral granting institutions have trained diplomates and 77.3% of board‐certified forensic anthropologists wrote dissertations involving skeletal biology, bioarchaeology, or forensic anthropology. Board‐certified forensic anthropologists are a broadly trained group of professionals with far‐reaching anthropological interests and expertise.     

Efficiency of hardware-assisted tools in forensic expertise

The authors analyze the efficiency of special-purpose hardware-assisted tools (SHT) in forensic expertise. Unlike clinical medicine, in which the methods of quantitative and qualitative analysis are comprehensively used in choosing drugs, issues related with providing the state forensic-expertise facilities with specialized equipment have not been virtually elaborated up to now. The qualitative analysis based on the subjective evaluation of experts is used presently for the purposes. Therefore, development of objective criteria of evaluation of SHT for forensic expertise is an important and topical issue.     

Assessment of harm to the health in proximal hip fractures

The analysis of expert certification on isolated hip fractures has shown that some experts make errors of underestimation of harm to the health basing on the criterion "duration of health impairment". How to prevent such errors and to improve quality of forensic medical certification is proposed. Such measures will raise social value of medical forensic expertise.     

试论法医学鉴定和医学鉴定之差异

随着司法鉴定制度改革的不断深入,越来越多的临床医学从业人员加入到法医学鉴定的队伍中来。在这种大趋势下,一个极易形成的误区就是把医学鉴定与法医学鉴定混淆起来。事实上,两者虽然在许多方面有相似之处,但毕竞有本质的不同。医学鉴定重视的是损伤本身,而法医学鉴定则是在医学鉴定基础之上,从法律规定的角度为损伤定性。因此,要求我们的法医学鉴定人既要重视医学知识的培训和提高,也要学习法律知识和法医学知识,才能更好地完成司法鉴定工作。     

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.     

损伤导致精神损伤程度评定标准的研究

目的探讨损伤导致精神障碍损伤程度评定标准。方法受理的297例损伤导致精神障碍损伤程度的法医学鉴定资料进行回顾性研究。结果297例中,重伤91例,轻伤93例,轻微伤44例,伤病关系评定69例。结论通过对297例精神损伤程度司法鉴定的分析,提出了具体的可操作性强的评定标准,以期在实践中进一步完善。     

Peculiar approaches to the estimation of the severity of harm to health in children with non-fatal injuries

The medico-legal estimation of non-fatal injuries in the children and adolescents is presented. The data obtained have been used to develop and substantiate the algorithm of forensic medical expertise of such injuries. Scientifically sound criteria have been proposed to be used for the purpose of expert estimation of the severity of harm to health associated with non-fatal injuries taking into consideration their clinical manifestations. The procedures of forensic medical expertise for the estimation of the harm to health have been analysed with special reference to non-fatal injuries in children and adolescents. Main attention was given to the accompanying strategic, organizational, and methodological errors. The approaches to their prevention and correction are described.     

The topical problems pertaining to the performance of forensic medical expertise of the subjects suspected or accused of committing a crime and remaining in custody

The authors consider topical problems pertaining to the performance of forensic medical expertise of the subjects suspected or accused of committing a crime and remaining in custody. The discussion is focused on the organization of expertise and medical examination of such persons with the participation of personnel representing different clinical disciplines. The special emphasis is laid on the absence in the normative-legal basis of the well-specified criteria for the severity of disease, the degree of vital activity limitation, and duration of the treatment in specialized hospitals. The lack of such criteria hampers not only medical certification of the subjects suspected or accused of committing a crime and remaining in custody but also objective forensic medical estimation of their health status. Recommendations for addressing this problem and its resolution are proposed.     

Medical Evidence and Expert Testimony in Child Sexual Abuse

Expert medical testimony in child sexual abuse cases can be critical to the outcome of a legal case. This article will review the development of the medical knowledge and clinical expertise in child sexual abuse. Since the passage of mandatory child abuse reporting laws, the forensic medical examination of a child for evidence of sexual abuse has become standard. Until recently, many myths regarding female genital anatomy existed but were based primarily on dogma and lack of empirical research. Over the past 25 years, many research studies and accumulating clinical evidence have expanded medical knowledge and debunked old myths. Physical evidence, even in cases of alleged genital or anal penetration is rare. Sexually transmitted infections are also uncommon and often require medical interpretation as to their significance in a prepubertal child. Specialized medical knowledge, training, and clinical expertise have developed in order to evaluate children presenting with allegations of sexual abuse. Such medical expertise provides invaluable service to courts. We review criteria for evaluating such expertise in light of current medical practice.     

Evaluating expertise in forensic anthropology

The medicolegal system relies on the ability of experts and non-experts alike to make judgments about expertise and use those judgments to reach consequential decisions. Given the lack of standard criteria, mandatory certification, or licensure for establishing expertise required to practice forensic anthropology and testify as an expert witness, we sought to understand how individuals assess and identify expertise in forensic anthropology by using a social science tool called the Imitation Game. This tool assesses immersion in a specific area of study via discourse, with the premise that some individuals lacking expertise themselves imitate or attempt to pass as experts. For this project we recruited volunteers with varying expertise in forensic anthropology to participate in interviews which asked questions about the practice and structure of the discipline. Those interviews were transcribed, anonymized, and evaluated by other recruited individuals with varying expertise in forensic anthropology. Results found that judges who were experts in forensic anthropology performed better than non-expert judges in determining who was not an expert in forensic anthropology based on their anonymized responses; however, nearly half of the non-experts were still able to pass as experts in forensic anthropology. The difficulties in assessing expertise based on discourse interactions demonstrates the value and need for well-defined credentials and mandatory certification to practice forensic anthropology. This study demonstrates that accurately identifying expertise in forensic anthropology may be challenging for both experts and non-experts, especially when relying solely on interactional expertise rather than formal assessments of competency which directly elucidate contributory expertise.     

一例药物过敏性休克死亡的医疗问题鉴定分析

目的探讨药物（低分子右旋糖酐）过敏性休克医疗纠纷案件的法医学鉴定思路及关键点，从而为审判提供划分侵权责任及医疗赔偿的科学依据。方法详细报道一例低分子右旋糖酐药物过敏性休克死亡的两级医疗事故鉴定，法医学鉴定及二次不同的法院判决结果的医疗纠纷案例。结果两级医疗事故鉴定均认为该例属医疗意外，不属医疗事故，一审判决驳回起诉。法医学鉴定认为在对该例的抢救过程中确存在不当之处；患者确因药物（低右）过敏性休克死亡，未发现院方有违反医疗常规的行为，对该例的治疗方案属非必要治疗措施。在抢救过程中，肾上腺素没有作为首选用药，肾上腺素应用不及时，药量不充足。因抢救地点的限制致使抢救质量不好。据此，二审判决被告院方对患者方予以赔偿。结论药物过敏性休克的法医学鉴定应注重：①全面审查所提供的详细医疗材料，分析整个医疗过程的临床变化特点；②全面尸检；③进行药品检验、毒物分析；④排除疾病及其它死因；⑤进行确证死因的检验。在此基础上分析确定死因及医疗过程是否存在问题，如存在医疗不当之处，分析此种医疗不当在患者的死亡中的关系比例，并适当表述鉴定意见。     

On the interaction between State Forensic Medical Centers of the Russian Ministry of Defense and territorial organs of the Russian Federal Service on Surveillance for Consumer Rights (Roszdravnadzor): topical problems and possibilities for their solution

The present paper is focused on the consideration of topical problems pertaining to the interaction between state forensic medical centers of the Russian Ministry of Defense (SFMF MD RF) and territorial organs of the Russian Federal Service on Surveillance for Consumer Rights (Roszdravnadzor) in the framework of unscheduled inspections of the organization and conduction of forensic medical expertise. Such inspections not infrequently give rise to conflicts between the administration of SFMF ND RF and commissions of territorial organs of Roszdravnadzor. The principal source of such conflicts is the representatives of Roszdavnadzor frequently fail to observe the requirements envisaged by the normative legal acts of the Russian Federation regulating activities of this state agency and the laws of the Russian Federation governing action management in the field of forensic medical expertise. The main causes behind the conflicts and their consequences are discussed, recommendations are proposed to resolve them.     

Issues in the global applications of methodology in forensic anthropology

The project and research reported in this collection of articles follows a long-term historical pattern in forensic anthropology in which new case work and applications reveal methodological issues that need to be addressed. Forensic anthropological analysis in the area of the former Yugoslavia led to questions raised regarding the applicability of methods developed from samples in other regions. The subsequently organized project reveals that such differences exist and new methodology and data are presented to facilitate applications in the Balkan area. The effort illustrates how case applications and court testimony can stimulate research advances. The articles also serve as a model for the improvement of methodology available for global applications.     

妇产科医疗纠纷司法鉴定82例分析

目的研究妇产科医疗纠纷鉴定案件的一般规律及其医疗过失的特点．为法医学鉴定提供理论支持。方法对2002--2008年在华西法医学鉴定中心鉴定的82例妇产科医疗纠纷医疗过失案例进行回顾性分析。结果妇产科医疗纠纷司法鉴定案例逐年增多;发生纠纷的医院以市（区）级与县级医院为多见,发生纠纷的案件中又以分娩和手术者为多见;医疗过失的主要原因为医疗技术缺陷与医疗管理缺陷。结论法医学鉴定时应参照临床医疗规范,考察医师义务履行情况,重点观察有无医疗技术缺陷或管理缺陷。     

The mystery of shrinking heads

Shrinking heads as trophies are well known all over the world. Several forms of mummified human trophy heads were produced by different tribes, in addition not true or not traditional shrunken heads were put out. A well preserved shrunken head of unknown origin was examined by our group. Besides anatomy histological and DNA analysis of the mummified material was performed. Furthermore larvae connected to the hair were examined microscopically. Histology of the skin from the neck region showed cellular structures with cytoplasm and nucleus. The larvae were identified as from Pediculus humanis capitis, the human hair lice. Finally DNA analysis of the mummified head revealed a human female STR profile.     

刑事责任能力评估工具在司法精神病鉴定中的应用

目前,我国刑事责任能力采用三分法,分为完全责任能力、限定责任能力和元责任能力.但在司法精神病鉴定工作中,由于缺乏客观标准,三者的区分尚带有较大主观性,常导致不同鉴定人对同一案例的责任能力判定存在分歧.因此,刑事责任能力的评定一直是司法精神病鉴定亟待解决的难题.本文综述了在司法精神病鉴定中使用的几种责任能力评定量表及其应用情况,认为虽然目前这类量表的信度和效度存在争议,但其对提高鉴定结果的科学性、客观性提供了一种良好思路.     

The Power of Contextual Effects in Forensic Anthropology: A Study of Biasability in the Visual Interpretations of Trauma Analysis on Skeletal Remains

The potential for contextual information to bias assessments in the forensic sciences has been demonstrated, in several forensic disiplines. In this paper, biasability potential within forensic anthropology was examined by analyzing the effects of external manipulations on judgments and decision‐making in visual trauma assessment. Three separate websites were created containing fourteen identical images. Participants were randomly assigned to one website. Each website provided different contextual information, to assess variation of interpretation of the same images between contexts. The results indicated a higher scoring of trauma identification responses for the Mass grave context. Furthermore, a significant biasing effect was detected in the interpretation of four images. Less experienced participants were more likely to indicate presence of trauma. This research demonstrates bias impact in forensic anthropological trauma assessments and highlights the importance of recognizing and limiting cognitive vulnerabilities that forensic anthropologists might bring to the analysis.     

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。     

The Difficult Task of Assessing Perimortem and Postmortem Fractures on the Skeleton: A Blind Text on 210 Fractures of Known Origin

The distinction between perimortem and postmortem fractures is an important challenge for forensic anthropology. Such a crucial task is presently based on macro‐morphological criteria widely accepted in the scientific community. However, several limits affect these parameters which have not yet been investigated thoroughly. This study aims at highlighting the pitfalls and errors in evaluating perimortem or postmortem fractures. Two trained forensic anthropologists were asked to classify 210 fractures of known origin in four skeletons (three victims of blunt force trauma and one natural death) as perimortem, postmortem, or dubious, twice in 6 months in order to assess intraobserver error also. Results show large errors, ranging from 14.8 to 37% for perimortem fractures and from 5.5 to 14.8% for postmortem ones; more than 80% of errors concerned trabecular bone. This supports the need for more objective and reliable criteria for a correct assessment of peri‐ and postmortem bone fractures.     

Kumho, Daubert, and the nature of scientific inquiry: implications for forensic anthropology

In the last 15 years, the US Supreme Court has implemented major changes concerning the admittance of expert testimony. In 1993, Daubert v. Merrell Dow Pharmaceuticals superseded the Frye ruling in federal courts and established judges, not the scientific community, as the gatekeepers regarding the credibility of scientific evidence. In 1999, a lesser-known but equally important decision, Kumho Tire v. Carmichael, ruled that technical expert testimony needed to employ the same rigor as outlined in Daubert, but experts can develop theories based on observations and apply such theories to the case before the court. Anthropology has never been defined as a hard science. Yet, many recent publications have modified existing techniques to meet the Daubert criteria, while none have discussed the significance of Kumho to anthropological testimony. This paper examines the impact of Daubert and Kumho on forensic anthropology and illustrates areas of anthropological testimony best admitted under Kumho's guidance.