医疗事故罪客观要件探析

认定医疗事故罪,在客观上首先必须存在合法的医疗行为。其次必须在合法的医疗过程中出现严重不负责任的行为。认定严重不负责任,应当主要结合医务人员的注意义务,把违反常规性、常识性的注意义务,以及常发性的过失行为认定为严重不负责任。再次,严重损害就诊人身体健康应当根据《刑法》所规定的重伤标准去判断。最后,严重不负责任是就诊人死亡或严重损害就诊人身体健康的后果的主要原因力。     

Geophysical Monitoring of Simulated Clandestine Graves Using Electrical and Ground‐Penetrating Radar Methods: 0–3 Years After Burial*,†

Abstract: This study provides forensic search teams with systematic geophysical monitoring data over simulated clandestine graves for comparison to active cases. Simulated “wrapped” and “naked” burials were created. Multigeophysical surveys were collected over a 3‐year monitoring period. Bulk ground resistivity, electrical resistivity imaging, multifrequency ground‐penetrating radar (GPR), and grave and background “soil‐water” conductivity data were collected. Resistivity surveys revealed the naked burial had consistently low‐resistivity anomalies, whereas the wrapped burial had small, varying high‐resistivity anomalies. GPR 110‐ to 900‐MHz frequency surveys showed the wrapped burial could be detected throughout, with the “naked” burial mostly resolved. Two hundred and twenty‐five megahertz frequency GPR data were optimal. “Soil‐water” analyses showed rapidly increasing (year 1), slowly increasing (year 2), and decreasing (year 3) conductivity values. Results suggest resistivity and GPR surveys should be collected if target “wrapping” is unknown, with winter to spring surveys optimal. Resistivity surveys should be collected in clay‐rich soils.     

Diagnosis of Hemorrhagic Stroke in an Exhumed Brain After Three Years of Burial in a Deep Grave

Abstract: We present the forensic neuropathologic analysis of an exhumed decomposed brain following long‐term interment in a 50‐year‐old white woman, who had been buried for 34 months. Next of kin authorized exhumation of the body for an autopsy to determine the cause of death. The embalmed body was anatomically intact and revealed decompositional changes with mold colonies. Internal viscera showed intact histomorphology. The brain revealed diffuse congestive swelling and extracellular edema with dissecting parenchymal hemorrhage and hematoma originating from the left putamen and thalamus and extending to the left lateral ventricle. Excitotoxic neuronal injury as well as penumbric parenchymal changes was noted. Cause of death was determined to be a hypertensive cerebral parenchymal hemorrhage. This case and our previously reported case are sentinel cases, which should encourage and guide the forensic neuropathologic work‐up and investigation of causes of death in spite of long‐term burial in deep graves.     

The suitability of using domestic pigs (Sus spp.) as human proxies in the geophysical detection of clandestine graves

Research in many forensic science fields commonly uses domestic pigs (Sus spp.) as proxies for human remains, due to their physiological and anatomical similarities, as well as being more readily available. Unfortunately, previous research, especially that which compares the decompositional process, has shown that pigs are not appropriate proxies for humans. To date, there has not been any published research that specifically addresses whether domestic pigs are adequate human proxies for the geophysical detection of clandestine graves. As such, the aim of this paper was to compare the geophysical responses of pig cadavers and human donor graves, in order to determine if pigs can indeed be used as adequate human proxies. To accomplish this, ground penetrating radar (GPR) and electrical resistivity tomography (ERT) responses on single and multiple pig cadaver graves were compared to single and multiple human donor graves, all of which are in known locations within the same geological environment. The results showed that under field conditions, both GPR and ERT were successful at observing human and pig burials, with no obvious differences between the detected geophysical responses. The results also showed that there were no differences in the geophysical responses of those who were clothed and unclothed. The similarity of the responses may reflect that the geophysical techniques can detect graves despite what their contents are. The study implications suggest that experimental studies in other soil and climate conditions can be easily replicated, benefiting law enforcement with missing persons cases.     

Skeletal evidence of the ethnic cleansing actions in the Free City of Danzig (1939-1942) based on the KL Stutthof victims analysis

In the early days of World War II, many of the prominent and influential people of Polish nationality from the Free City of Danzig were arrested by the Germans and sent to the nearby concentration camp KL Stutthof. Nearly a hundred of them died within the next seven months upon their arrival, and were buried in a clandestine mass grave in a nearby forest. However, the exact nature of their death is unknown, as it is unclear what the attitude of the aggressors was toward the victims. We do not know whether there was only one executioner or there were several assassins, nor if the killing methodology was consistent with the other state-regulated executions.The studied material represents the commingled remains of a minimum thirty-four people, possibly all male, aged from under eighteen to over sixty at the time of death. Perimortem traumatic lesions are shown mainly on the skull bones. We asked whether the perimortem trauma lesions visible on the victims’ skeletons could be informative on the cause and manner of their death.Our results show the prevalence of the perimortem trauma inflicted by a blunt object are on the parietal bones above the Hat Brim Line (HBL), which is commonly associated with a violent attack. The gunshot trauma was usually localized on the occipital bone or posterior parietal, which could indicate a shot to the back of the head, and this was commonly encountered during executions. No signs of defensive injuries can be explained either by restraining of the hands or by a surprise attack. The abundance and variability of the trauma type can be evident of multiple assailants. Moreover, the multiple impact points detected on several crania prove unnecessary overkill and brutality, which reflects the personal attitudes of the executioners towards the victims.     

The expanding role of expert psychological evaluations and testimony in Hague child abduction litigation

Hague Convention cases are a growing niche in forensic assessments. These cases focus on returning children, or preventing their return, after international abductions, by one of the parents, has occurred. This article focuses on the legal underpinnings of the Hague Abduction Convention, the “affirmative defenses” that may be invoked to prevent a return order, including “grave risk of harm,” “mature objection”, and the “well settled defense.” The article will also focus on the increasing roles that forensic evaluators play in these matters, the distinction between the role of forensic experts in custody proceedings and Hague cases, and the inherent limitations present in these unique kinds of evaluations.     

Analyzing and Interpreting Lime Burials from the Spanish Civil War (1936–1939): A Case Study from La Carcavilla Cemetery

Over 500 victims of the Spanish Civil War (1936–1939) were buried in the cemetery of La Carcavilla (Palencia, Spain). White material, observed in several burials, was analyzed with Raman spectroscopy and powder XRD, and confirmed to be lime. Archaeological findings at La Carcavilla's cemetery show that the application of lime was used in an organized way, mostly associated with coffinless interments of victims of Francoist repression. In burials with a lime cast, observations made it possible to draw conclusions regarding the presence of soft tissue at the moment of deposition, the sequence of events, and the presence of clothing and other evidence. This study illustrates the importance of analyzing a burial within the depositional environment and taphonomic context.     

Time-lapse resistivity surveys over simulated clandestine graves

The aim of this study was to develop a better understanding of how electrical resistivity surveys can be used to locate clandestine graves. Resistivity surveys were conducted regularly over three simulated clandestine graves containing a pig cadaver, no cadaver and a pig cadaver wrapped in tarpaulin, respectively. Additionally, soil and groundwater samples were collected from two more simulated graves outside the survey area. The grave containing a pig cadaver was detectable from a low resistivity anomaly in the survey data. Groundwater data suggest that the resistivity anomaly associated with the surveyed pig grave was caused by a localised increase in groundwater conductivity. Wrapping a cadaver was found to initially change the resistivity response of a grave to a high resistivity anomaly. Resistivity surveys did not detect the disturbed soil in the grave that did not contain a cadaver. Although soil samples showed grave soil to be more porous than undisturbed soil, the lack of response from the grave that did not contain a cadaver suggests that disturbed soil was not responsible for the resistivity anomalies observed in this study. Resistivity surveys successfully detected all graves containing cadavers throughout the study, whilst also showing the potential to eliminate the need for mass excavation in a genuine search.     

Time-lapse geophysical investigations over a simulated urban clandestine grave

A simulated clandestine shallow grave was created within a heterogeneous, made-ground, urban environment where a clothed, plastic resin, human skeleton, animal products, and physiological saline were placed in anatomically correct positions and re-covered to ground level. A series of repeat (time-lapse), near-surface geophysical surveys were undertaken: (1) prior to burial (to act as control), (2) 1 month, and (3) 3 months post-burial. A range of different geophysical techniques was employed including: bulk ground resistivity and conductivity, fluxgate gradiometry and high-frequency ground penetrating radar (GPR), soil magnetic susceptibility, electrical resistivity tomography (ERT), and self potential (SP). Bulk ground resistivity and SP proved optimal for initial grave location whilst ERT profiles and GPR horizontal "time-slices" showed the best spatial resolutions. Research suggests that in complex urban made-ground environments, initial resistivity surveys be collected before GPR and ERT follow-up surveys are collected over the identified geophysical anomalies.     

A clandestine burial in Costa Rica: prospection and excavation

Abstract:  This case report describes the search for a clandestine grave in Costa Rica for which the police sought the assistance of an archaeologist. An anonymous informant suggested that the victim had been kidnapped and murdered, placed in a shallow grave in the woods, then covered with lime and cement. A search of the area to detect conventional signs of burial (e.g., slumping, different plant growth) resulted in excavation of unrelated features of past disturbance. Different aspects of the grave including the deposition of cement powder over the body prevented its initial discovery. Improvisation of conventional archaeological excavation methods and use of police familiar with archaeological excavation resulted in the location of the grave and exhumation of the victim without loss of important contextual evidence that supported testimony on the cause of death. The taphonomic effects of high-lying ground water and lime in the tropical burial environment are briefly discussed. Recommendations such as the construction of a temporary sump to lower the ground water level in the grave during excavation are made to assist in similar investigations in the future.