National Association of Medical Examiners position paper on the medical examiner release of organs and tissues for transplantation

The medical examiner community plays a key role in the organ and tissue procurement process for transplantation. Since many, if not most, potential organ or tissue donors fall under medicolegal jurisdiction, the medical examiner bears responsibility to authorize or deny the procurement of organs or tissues on a case-by-case basis. This responsibility engenders a basic dichotomy for the medical examiner's decision-making process. In cases falling under his/her jurisdiction, the medical examiner must balance the medicolegal responsibility centered on the decedent with the societal responsibility to respect the wishes of the decedent and/or next of kin to help living patients. Much has been written on this complex issue in both the forensic pathology and the transplantation literature. Several studies and surveys of medical examiner practices, as well as suggested protocols for handling certain types of cases, are available for reference when concerns arise that procurement may potentially hinder medicolegal death investigation. It is the position of the National Association of Medical Examiners (NAME) that the procurement of organs and/or tissues for transplantation can be accomplished in virtually all cases, without detriment to evidence collection, postmortem examination, determination of cause and manner of death, or the conducting of criminal or civil legal proceedings. The purpose of this position paper is to review the available data, the arguments for and against medical examiner release, and to encourage the release of organs and tissues in all but the rarest of circumstances.     

What the Trial Judge Needs to Know about the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

Since the 1950s, there have been several international multi‐lateral treaties for recognition and enforcement of child and spousal support orders. They operated, primarily, in civil law countries where “creditor‐based jurisdiction” allowed establishment of an order in the country of habitual residence of the child or the custodial parent. The United States, requiring “minimum contacts” with the debtor to establish personal jurisdiction, could not be a party to such agreements. For nearly fifty years the U.S., and a few states, sought to fill the need for international reciprocity by negotiating individual country‐to‐country or state‐to‐country arrangements. With ratification of the 2007 Family Maintenance Convention, the United States was finally able to join in a multi‐lateral treaty. The treaty took effect in the United States on January 1, 2017, establishing procedures for international recognition, enforcement and modification of family support orders with 35 other countries already party to the Convention (including the entire European Union). The grand bargain struck during the negotiations between 2003 and 2007 was that the U.S. would honor a foreign order if, under the facts presented, there were sufficient minimum contacts with the debtor that would have supported personal jurisdiction if the order had been entered in any state in the U.S. If unable to recognize a foreign order, the U.S. agreed to take steps to issue a new one. The treaty establishes administrative procedures that, in many respects, are nearly identical to interstate enforcement of domestic support orders in this country. But there are also aspects of the treaty that are entirely new and warrant explanation for family and juvenile court judges. This article focuses on several unique provisions of the treaty that judges and attorneys need to understand.     

Estimating the Time of Death in Domestic Canines

Abstract:  Because 36.1% of U.S. households have dogs, the time of death (TOD) of dogs at crime scenes can be useful to forensic investigators. However, there are few published studies based on postmortem changes in dogs. This study, conducted indoors in still air at approximately room temperature, monitored the postmortem reduction in rectal, liver, brain, and aural temperatures in 16 dogs for 32 h after death. Graphs of temperature reduction were prepared to estimate the TOD of dogs within the first 32 h postmortem. Sex, body mass, and hair coat density did not affect the rate of body temperature reduction, but increased body weight and volume slowed it. Rectal temperature was the most convenient, reasonable site for measuring body temperature. Vitreous humor potassium ion concentration [K⁺] was measured in both eyes at c.  1.5 and 7 h after death. Both eyes had the same [K⁺] when measured simultaneously, and [K⁺] increased after death.     

Identification by MRI

A semi-skeletted water-lodged corpse was supposed to be an 82-year-old missed man. Fifteen years ago this person underwent an operation of a trimalleolar fracture of the left ankle joint. Conventional X-ray photograms of the left ankle joint of the water-lodged corpse showed no evidence of an operation. A T-1 weighted spin-echo sequence revealed the entire aspect of the osteosynthesis as documented in the previously performed post-operative X-ray photograms.     

Army administration tensions over Algeria's Centres de regroupement, 1954–1962

Thirty years after the end of the Algerian War of Independence the bulk of the contemporary military documentation has been released, after classification, and is available at the military archives of the Service Historique de l'Armée de Terre at Vincennes. This study re‐examines the French army's pacification policy and its strategy of regrouping the rural population into resettlement centres and re‐evaluates the role of the Sections Administratives Spécialisées (SAS) in administering this resettled population. The speed and scale of regrouping is reconfirmed from army statistical data. The significant critical inspections carried out by the quasi‐civilian Inspection Générale des Regroupements de la Population (IGRP) led to army‐civilian conflict as did the efforts of SAS units to turn this damaging military operation into a more positive rural renovation programme. By the end of the war both the IGRP and the SAS gave ground to military evaluations of the situation and disillusionment crept in as the resettlement programme came to an end. The newly available archival documentation also serves to substantiate the accuracy of Michel Cornaton's pioneering mid‐1960s research on Algeria's centres de regroupement which was carried out in the face of the then prevailing military secrecy.     

Informing Jurors of Their Nullification Power: A Route to a Just Verdict or Judicial Chaos?

The current studies sought to test whether explicitly informing jurors of their power to nullify the law does invite chaos, defined by jurists as undisciplined and biased juror judgment. A series of four studies examined juror biases predicated on defendant status, remorse, gender, national origin, penalty severity, and extenuating circumstances. None, however, were amplified by nullification instructions, providing little evidence that such instructions invite chaos with respect to the biases examined in these studies. To the contrary, several results suggested that nullification instructions simply encourage jurors to nullify when the strict application of the law would result in an unjust verdict. Limitations of the studies and public policy issues are discussed.