European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal's feature articles and Briefing Notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Experimental validation of forensic evidence: a study of the decomposition of buried pigs in a heavy clay soil.

In a murder investigation, where the victim had been strangled and buried in a shallow grave, there were discrepancies between the post mortem interval (PMI) as estimated from entomological studies and estimations determined from other evidence. This inconsistency provided the impetus for examining the decay process using pig carcasses as analogues for the human cadaver. The pigs were buried in the immediate vicinity of the original burial site in December 1996, which was the month when the victim was purported to have been interred in the previous year. The buried pigs were then monitored for 5 months which, based on the evidence other than the entomological, was the period over which the corpse was thought to have lain in the ground. The pig corpses were disturbed by scavengers in mid April: this was the same time that the human corpse was discovered in the previous year by scavengers. Insects played no role in the decomposition process until the pig carcasses had been exposed by animals. Blowflies, notably Calliphora vomitoria, were attracted to the exposed tissues and laid eggs from which larvae developed. Calliphora vomitoria is a species often used to estimate PMI. This investigation has shown that soil conditions and low seasonal temperatures had preserved the pig carcasses for longer than might be expected. Using the blowfly larvae to estimate PMI would have produced erroneous results had not the burial environment and exhumation history been investigated.     

Judicial Review,Irrationality, and the Legitimacy of Merits-Review

The definition of the irrationality ground of judicial review recognises the constitutional principle of the separation of powers, in allowing for judicial control of the executive only very rarely. The author in a previous article in this study found that the courts, on occasions, had intervened in circumstances where administrative decisions arguably were not irrational. To this end, the purpose of this article is to assess the constitutionality of these seemingly low standards of irrationality. The author does so by reference either to the manner of review employed—the use of the proportionality principle, for example—or the context of the administrative decision under scrutiny, such as the infringement of the applicant’s fundamental rights. The author finds that the cases from the previous article where low standards of irrationality were arguably adopted were, in fact, legitimate according to these chosen methods of evaluation. However, this is an interim conclusion because, for reasons of word length, the author is unable to complete a full assessment here. It is therefore proposed that a subsequent article will continue to examine the constitutionality of these cases. Furthermore, the author will also try and establish a zone of executive decision-making, for reasons of democracy, where the courts are excluded from irrationality review. If the author is unsuccessful in this regard, the final conclusion of this study will inevitably be that low standards of judicial intervention exist without limit—a clear assault on the constitutional principle stated above.

Postmortem dental radiography

Comparison of postmortem and antemortem dental radiographic films or digital images is a common procedure for establishing identity of human remains. This article describes some problems with producing postmortem dental radiographs in a medical examiner setting and gives methods for circumventing these difficulties. Resection of the jaws, when permitted, significantly simplifies the postmortem radiographic technique. When producing an actual postmortem panoramic dental radiograph (orthopantomogram) from a dry skull, stabilization of the specimen for exposure by the moving beam source may be accomplished simply by placing the specimen upside down on an anthropologist's skull ring. Image "burnout" in the anterior segment, which results from absence of the tissues of the neck, may be avoided by appropriate placement of radiodense objects such as "zippered" plastic bags filled with water or other fluid material, freezer gel packs, or a block of self-polymerizing acrylic. These methods may increase future postmortem dental radiography efficiency.     

"Homicide by heart attack" revisited

The sudden death of a person caused by an arrhythmia that is induced by physical and/or emotional stress provoked by the criminal activity of another person is sometimes referred to as "homicide by heart attack." Published criteria for such an event relate to situations where no physical contact occurs between the perpetrator and the victim. Situations involving physical contact, but with absence of lethal injuries, are frequently treated is a similar fashion by forensic pathologists. Herein, we propose a set of modified criteria, which include cases where physical contact has occurred. Five examples of so-called "homicide by heart attack" are presented, including a 40-year-old man who was struck in the head with a wooden statue, a 74-year-old man who was punched in the jaw by a robber, a 66-year-old woman who was started awake by a home-intruder, a 67-year-old woman who struggled with a would-be purse-snatcher in a parking lot, and a 52-year-old man who was in a physical altercation with a younger man. In each instance, autopsy revealed the presence of severe, underlying heart disease, as well as absence of lethal injuries. In each case, investigative information was such that the emotional and/or physical stress associated with the criminal activity of another individual was deemed contributory to the death. The presumed mechanism of death in each case was a cardiac dysrhythmia related to underlying heart disease, but initiated by the emotional and/or physical stress.     

A novel method of automated skull registration for forensic facial approximation

Modern forensic facial reconstruction techniques are based on an understanding of skeletal variation and tissue depths. These techniques rely upon a skilled practitioner interpreting limited data. To (i) increase the amount of data available and (ii) lessen the subjective interpretation, we use medical imaging and statistical techniques. We introduce a software tool, reality enhancement/facial approximation by computational estimation (RE/FACE) for computer-based forensic facial reconstruction. The tool applies innovative computer-based techniques to a database of human head computed tomography (CT) scans in order to derive a statistical approximation of the soft tissue structure of a questioned skull. A core component of this tool is an algorithm for removing the variation in facial structure due to skeletal variation. This method uses models derived from the CT scans and does not require manual measurement or placement of landmarks. It does not require tissue-depth tables, can be tailored to specific racial categories by adding CT scans, and removes much of the subjectivity of manual reconstructions.