Forensic Features of Lethal Late‐Presenting Diaphragmatic Hernias

Diaphragmatic defects are a relatively common and benign finding in adults which may be congenital or secondarily acquired. The case files at Forensic Sciences South Australia were reviewed over a 10‐year period from July 2005 to June 2015 for all adult (>17 years) cases in which diaphragmatic hernias were identified at postmortem examination that had either caused or contributed to death. Five cases were found: age range 49–90 years (average 67.2 years); male:female ratio 2:3. Herniated organs included the stomach (N = 3), small (N = 3) and large intestines (N = 2). Mechanisms of death involved lung compression with respiratory failure and/or mediastinal shift, and vascular compromise with gastric or intestinal infarction and/or perforation. Diaphragmatic hernias may not be identified until the time of autopsy and may be quite complex entities to evaluate due to a lack of clinical history and to difficulties in determining their origin and possible contributions to mechanisms of death.     

Pathological Features of Fatal Crocodile Attacks in Northern Australia, 2005–2014

Eleven deaths from crocodile attacks in the Northern Territory, Australia were reviewed. The male:female ratio was 8:3; age range—10–62 years, average 29.4 years. Four children were included (one boy and three girls, aged 10, 11, and two at 12 years), and there were seven aboriginal victims (64%). The attacks were witnessed in eight cases with the victims swimming in freshwater N = 5, standing on a river bank N = 1, fishing in fresh water N = 1, or diving in the sea N = 1. At autopsy, several distinct patterns of injury were observed ranging from complete traumatic disruption of the body with only incomplete remains for examination (N = 5), to crushing of the head with fractures of the skull (N = 4), crushing of the chest with fractures of the ribs and sternum (N = 2), and avulsion of limbs (N = 4). In one case, there was decapitation. Autopsy evaluations were complicated by decomposition and loss of body parts.     

Beyond Taphonomy: Exploring Craniometric Variation Among Anatomical Material

Anatomical crania are occasionally encountered in forensic anthropology laboratories when that material is mistaken for forensically significant human remains. Using craniometric analyses and statistical measures of sample homogeneity, we determine whether anatomical material can be described as a single, homogenous group or as a diverse mix of populations. Twenty‐one interlandmark distances were collected from 85 anatomical preparations. Distance measures were calculated between all pairs using a pooled within‐sample variance/covariance matrix and then subjected to a Defrise‐Gussenhoven test between each paired distance to test whether each pair was drawn randomly from the same population. In the Defrise‐Gussenhoven analysis, twenty‐two percent (n = 66) of the 300 pairwise combinations were significant at the 0.05 level or below. The level of homogeneity suggests a majority of that material originated from the subcontinent of India or West Asia. Therefore, anatomical material can be viewed as a moderately homogenous group, but with a shared taphonomic history.     

The Corpus Callosum and Forensic Issues—An Overview

The corpus callosum is a large central white matter tract that connects the right and left cerebral hemispheres. It permits placental mammals to have a more sophisticated interhemispheric integration of sensory cortices and allows communication between cortical and subcortical neurons. Search of the literature and the pathology archives at The University of Adelaide was undertaken to identify lesions and injuries within the corpus callosum that may have forensic significance. These include developmental/congenital lesions with agenesis/dysgenesis, vascular malformations, and lipomas; inherited syndromes such as neurofibromatosis; and acquired lesions involving trauma, neoplasia, demyelination, vascular conditions, infections, fat embolism, aging/dementia, and the effects of toxins. The finding of lesions within the corpus callosum should initiate careful examination of the adjacent brain and other organ systems for related phenomena as this may shed some light on the nature of the underlying condition, and also help to determine whether there are any forensic implications.     

The Role of Interface Shape on the Impact Characteristics and Cranial Fracture Patterns Using the Immature Porcine Head Model, ,

The forensic literature suggests that when adolescents fall onto edged and pointed surfaces, depressed fractures can occur at low energy levels. This study documents impact biomechanics and fracture characteristics of infant porcine skulls dropped onto flat, curved, edged, and focal surfaces. Results showed that the energy needed for fracture initiation was nearly four times higher against a flat surface than against the other surfaces. While characteristic measures of fracture such as number and length of fractures did not vary with impact surface shape, the fracture patterns did depend on impact surface shape. While experimental impacts against the flat surface produced linear fractures initiating at sutural boundaries peripheral to the point of impact (POI), more focal impacts produced depressed fractures initiating at the POI. The study supported case‐based forensic literature suggesting cranial fracture patterns depend on impact surface shape and that fracture initiation energy is lower for more focal impacts.     

Promoting the Information Society: The EU Directive on Electronic Commerce

On 8 June 2000, the EU adopted the landmark 'electronic commerce' directive, a legal framework for the development of information society services. This article examines the rationale and evolution of EU policy for e-commerce and the key features of the directive. These include establishing the responsibilities of service and intermediary service providers, procedures for concluding on-line contracts and redress and enforcement mechanisms. It also explores the extent to which the directive clarifies the national law applicable to cross-frontier transactions and the relationship between the directive and private international law. The directive makes an important contribution to encouraging trust in the new technologies by establishing an EU-wide model for e-commerce, but it is by no means clear that it goes far enough. The continuing divergence of consumer protection policies and uncertainties about jurisdiction, securing redress, the liabilities of service providers and the status of contracts based upon web-site advertisements may continue to discourage the development of e-commerce in the Community.     

Mueller on European Federation: A Reply from the Perspective of Australian Federalism

Dennis Mueller has recently made a significant contribution tounderstanding issues of federalism and confederalism in theEuropean Union – from a particular public choice point of view. Hefurnishes an important and provocative discussion of therelationship between the decision-making rules embodied in aconstitutional convention (or other means of drafting a form ofunion for constituent states) and the decision-making rules whichwill be contained in the constitution which is the outcome of thatconvention. However, Mueller's veiled preference for a certainideal form of federalism for Europe tends to reduce the parametersof his discussion, and gives his article an unrealistic and narrowfocus, despite its ambitious scope. The present article exploressome of the latent complexities in the public choice analysis anddesign of European integration, particularly by drawing on thewider experience of working federations and theory of federalism,using the unique and synthesizing Australian experience as a pointof departure. It argues that Mueller's analysis is biased towardsthe reduction of decision-making costs of European governance, andthus undervalues the external costs that may be imposed throughexcessive central government.     

Rethinking Caretaker Conventions for Australian Governments

Australia has well‐established conventions for caretaker governments. These conventions regulate how a government should operate once an election is called, and have been documented for some decades. Yet the current conventions date from an era when elections usually produced clear and immediate results. Can our caretaker conventions cope with the emerging reality of indecisive elections and long delays before a new government is confirmed? This paper canvasses the state of Australia's caretaker conventions and offers suggestions for an expanded, contemporary code.