Positive Personal Identification of Human Remains Based on Thoracic VertebralMargin Morphology

Abstract: Radiography has long been used by anthropologists to establish positive personal identification of human remains in forensic cases. These methods have been largely ad hoc and depend upon specific congenital or pathological bone markers. Court rulings, such as Daubert and Mohan have, however, pushed the discipline toward more statistically supportable methods of identification. This study describes the use of normal morphological variation of the thoracic vertebrae to identify human remains. Radiographs from healthy, male individuals, aged 18–55 were examined to identify normally varying features of vertebral morphology. The frequency of occurrence of these features was calculated, tested, and found to be stable in the given sample. The frequencies were compared to establish which sets of traits varied independently of one another. Finally, unknown radiographs were compared to known samples to test the applicability of this method in determining positive identification, with 21 of 24 (87.5%) unknown radiographs positively identified.     

The Role of Suggestibility in Determinations of Miranda Abilities: A Study of the Gudjonsson Suggestibility Scales

Traditionally, high levels of suggestibility have been widely assumed to be linked with diminished Miranda abilities, especially in relationship to the voluntariness of waivers. The current investigation examined suggestibility on the Gudjonsson Suggestibility Scales in a multisite study of pretrial defendants. One important finding was the inapplicability of British norms to American jurisdictions. Moreover, suggestibility appeared unrelated to Miranda comprehension, reasoning, and detainees’ perceptions of police coercion. In testing rival hypotheses, defendants with high compliance had significantly lower Miranda comprehension and ability to reason about exercising Miranda rights than their counterparts with low compliance. Implications of these findings to forensic practice are examined.     

Humiliation,Justice and the Play of Anxiety in Competing Jurisdictions

In colonial nations, such as the land called Australia, the two registers of settler and Indigenous jurisdictions compete at the level of symbolic certainty. In Lacanian psychoanalytic theory neither can arrive at perfect symbolisation but the struggle and the proximity to their arrival can evoke anxiety. What insists to keep this anxiety at bay, in non-Indigenous Australia, is what Jacques Derrida calls justice. As an impossible object, similar to the Lacanian object petit a, justice must be interminably animated to hold this object of desire in play. Humiliation of Indigenous people in Australia is, I argue in this article, one mode of this play. I interrogate the psychoanalytic discussions of anxiety by Freud and Lacan to consider firstly what might be the cause of anxiety for contemporary non-Indigenous Australians and secondly how this anxiety is ‘played out’ on the bodies of Indigenous people through practices of humiliation. As one example of this work of humiliation I consider several scenes of police practice in the Sydney suburb of ‘Redfern’ from the 1991 documentary Cop it Sweet.     

Do Family and Parenting Factors in Adolescence Influence Condom Use in Early Adulthood in a Multiethnic Sample of Young Adults?

Studies show that positive family factors help protect adolescents from engaging in risky sexual activities, but do they continue to protect adolescents as they transition to late adolescence/early adulthood? Using data from the National Longitudinal Study of Adolescent Health, we examined whether family support, parent–child closeness, parental control/monitoring of adolescent behaviors and parent–child communication about sex, assessed in adolescence, were related to condom use in late adolescence/early adulthood among African American (n = 1,986), Chinese American (n = 163), Mexican American (n = 1,011) and White (n = 6,971) youth. Controlling for demographic variables and number of sex partners, the results showed that family support was positively related and parent–child communication was negatively related to condom use for the sample as a whole and for the white sample, but not for the other groups. Parent–child communication about sex and parental control were negatively related to condom use in the Chinese American sample. None of the family factors was related to condom use in the African American or Mexican American samples. Overall, parents talked more with daughters than sons about sexual matters. Condom use was most common among African Americans and among males. Greater attention to cultural expectations regarding sex and gender roles, as well as the causal ordering of effects, are important directions for future research.     

Findings in newborns of cocaine-abusing mothers

Cocaine has recently been shown to affect the outcome of pregnancy when taken by pregnant women. The authors measured fetal concentrations of cocaine and benzoylecgonine and reviewed autopsy and historical data for 62 successive infants who died at less than two days of age and were seen at the Los Angeles County Office of the Chief Medical Examiner-Coroner. Of 43 infants without an obvious cause of death at autopsy, cocaine or benzoylecgonine or both were present in 40%. None of the parameters studied predicted which infants would show cocaine or benzoylecgonine. We conclude that cocaine and benzoylecgonine concentrations should be measured on all infants who die at less than two days of age when the cause of death is not evident at gross autopsy.     

Treatment refusal among forensic inpatients

Although the United States Supreme Court has not offered a definite opinion, some states have established the qualified right of involuntarily committed patients to refuse treatment. Controversy continues between psychiatry and law over what procedural protections should be provided to patients when therapists seek to override nonemergency refusal of treatment. The authors review Oregon's administrative approach and its application to the treatment refusal of 33 state hospital forensic patients. Patient characteristics, refusal patterns, and implications of treatment refusal are also described.     

The belated autopsy and identification of an eighteenth century naval hero--the saga of John Paul Jones

John Paul Jones, the "Father of the American Navy," is known for the battletime assertion that he had "not yet begun to fight." His central role in a triumph of scientific forensic identification more than a century after his death is less known. John Paul Jones died in 1792 and was buried in Paris, France. The location of his grave was lost over time and a search for his corpse began in 1899. Remains matching his physical characteristics and circumstance of burial were discovered in 1905 and returned to the United States for a hero's burial. Some questioned the identification at the time and the major source of identifying information has since been shown to contain false information. The published forensic literature fails to address existing critiques of the identification. We provide a substantive analysis and conclude that the available evidence supports the identification of the unknown remains as those of John Paul Jones.     

A critical review of published competency-to-confess measures

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test-retest reliability, content validity, construct validity, and criterion-related validity.     

Culling bad apples, blowing whistles and the Health Practitioners Competence Assurance Act 2003 (NZ)

The Health Practitioners Competence Assurance Act 2003 (NZ) became New Zealand law on 18 September 2003. This article looks at the background to the Act and reasons for resistance to it. It discusses the record so far on the medical profession's self-regulation of fitness-to-practise issues and the legal duties of practitioners who have reason to believe a colleague is putting patients at risk. It looks at some of the changes the Act brings, compares the experience of English and American medico-legal reforms, where applicable, and attempts to draw some conclusions on the chances for successful change.