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- Herausgeber: John Wiley & Sons
- Kategorie: Wissenschaft und neue Technologien
- Serie: Essential Forensic Science
- Sprache: Englisch
Provides an invaluable distillation of key topics in forensic medicine for undergraduate, masters, and postgraduate students Essential Forensic Medicine covers the broad area of the forensic medical sciences, delivering core knowledge in the biomedical sciences, and the law and ethics surrounding them. Concise, accessible chapters cover a wide range of topics from basic forensic identification and examination techniques to forensic toxicology and psychiatry. Written by internationally-recognized experts in the field, this authoritative guide offers complete chapter coverage of the legal system, courts, and witnesses; investigation of the deceased and their lawful disposal; and the duties of a registered medical practitioner and the General Medical Council. It instructs readers on the general principles of scene examination and the medico-legal autopsy including how to interpret the many kinds of injuries one can suffer--including those from blunt impact and sharp force, firearms and explosives, asphyxia and drowning. Further chapters cover sexual offences, child abuse, and using DNA in human identification, mental health, alcohol and drug abuse. * A fresh, accessible, up to date textbook on forensic medicine * Written by a well-known experts with decades of experience in the field * Includes numerous figures and tables, and detailed lists of key information * Features numerous case studies to reinforce key concepts and ideas explored within the book * Helps students to prepare for examinations and enables practitioners to broaden their understanding of the discipline Part of the "Essential Forensic Science" series, Essential Forensic Medicine is a highly useful guide for advanced undergraduate students, master's students, and new practitioners to the field.
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Veröffentlichungsjahr: 2019
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Table of Contents
Cover
List of Contributors
Series Foreword
Preface
Acknowledgements
1 The Legal System, Courts, and Witnesses
1.1 Introduction
1.2 British courts
1.3 The Supreme court of the United Kingdom
1.4 English and Welsh courts
1.5 Scottish Courts
1.6 Northern Ireland Courts
1.7 Other courts
1.8 Types of witnesses and evidence
References
2 Investigation of the Deceased and Their Lawful Disposal
2.1 Introduction
2.2 Certification of details of death by the Registrar of births and deaths and lawful disposal of the body
2.3 Death certificate
2.4 When may a doctor issue a death certificate?
2.5 The form of the certificate in England and Wales
2.6 Legal procedures in the coroner system
2.7 Deaths abroad
2.8 Inquests
2.9 Registration of death
2.10 Burial
2.11 Cremation
2.12 The Human Tissue Act 2004 and Human Tissue (Scotland) Act 2006
2.13 Exhumation is discussed in detail in Chapter 5
2.14 Legal procedures in death investigation: Other systems
References
3 The Duties of a Registered Medical Practitioner and the General Medical Council
3.1 Medical Acts
3.2 Role of the GMC
3.3 Consent
3.4 Decisions involving children and young people
3.5 Consent and capacity
3.6 Medical confidentiality
3.7 Consent for disclosure
References
4 General Principles of Scene Examination
4.1 Concept of the scene
4.2 Scene investigation and Locard's principle
4.3 Scene location and associated problems
4.4 Type of incidents
4.5 The forensic pathologist and other medical personnel at the scene
References
Further reading
5 The Medico‐legal Autopsy
5.1 Introduction
5.2 Historical background
5.3 Types of autopsy
5.4 Types of autopsy in the Coroner system
5.5 Autopsy procedure
5.6 Examination of the exhumed body
5.7 Safety in the mortuary and dealing with high‐risk cases
References
Further reading
6 Interpretation of Injuries: General Principles, Classification, and Age Estimation
6.1 Introduction
6.2 General aspects
6.3 Timing of bruises
6.4 Colour measurement of bruising
6.5 Differentiation from artefacts and other post‐mortem appearances
6.6 Decomposition
References
Further reading
7 Blunt Impact Trauma
7.1 External surface injuries
7.2 Types of incidents in which blunt impact trauma is the predominant feature
References
8 Sharp Force Trauma
8.1 Introduction
8.2 Characteristics of sharp force trauma scenes
8.3 Incised (slash) wounds
8.4 Stab wounds and their assessment
8.5 Glass injuries
8.6 Injuries from other sharp objects
References
9 Firearm and Explosion Injuries
9.1 Firearm injuries
9.2 Types of firearms
9.3 Recoil
9.4 Handguns
9.5 Rifles
9.6 Shotguns
9.7 Wounds from firearms and other missile injuries
9.8 Investigation of firearm injuries
9.9 Wounds and range of discharge from rifled firearms
9.10 Entry and exit wounds from single bullets
9.11 Shotgun Wounds
9.12 High‐velocity rifle wounds
9.13 Modified projectiles
9.14 Air‐gun injuries
9.15 Injuries from humane veterinary killers, industrial stud guns, and blank cartridge guns
9.16 Injuries from rubber and plastic bullets
9.17 The effects of being shot
9.18 Explosions
9.19 Effects of an explosion
9.20 Explosion injuries
9.21 Investigating the cause of the explosion
References
Further reading
10 Forensic Aspects of Asphyxia and Drowning
10.1 Non‐mechanical asphyxia
10.2 Mechanical asphyxias
10.3 Types of mechanical asphyxias and related conditions
10.4 Drowning
10.5 Mechanism and pathophysiology of drowning
10.6 Diatoms and their use in the investigation of drowning
References
11 Forensic Medical Aspects of Human Rights Issues
11.1 Torture
11.2 Development of Humanitarian Law and the Geneva Conventions
11.3 Responses to torture and its eradication
11.4 Physician participation in torture
11.5 Physician participation in Capital punishment
11.6 The investigation of mass graves/multiple deaths related to armed conflict
References
12 Sexual Offences
12.1 Introduction
12.2 Sexual offences
12.3 Responding to sexual offences
12.4 Attendance at scenes of sexual violence
12.5 Examination for injuries in sexual assault
12.6 Interpretation of findings
12.7 Examination of Fatal Sexual Assault
References
Further reading
13 Paediatric Forensic Medicine
13.1 Introduction
13.2 Stillbirth/neonatal deaths
13.3 Sudden death in infancy syndrome
13.4 Child abuse
13.5 Types of child abuse
13.6 Management of child abuse
References
14 Sudden Natural Death
14.1 Introduction
14.2 Sudden/Unexpected deaths where findings at autopsy are non‐specific
14.3 Deaths involving different body systems
14.4 Sudden death in Schizophrenia
14.5 Respiratory causes
14.6 Gastrointestinal causes
References
15 Heat, Cold, and Electricity
15.1 Deaths from the effects of heat
15.2 Deaths from the effects of cold
15.3 Deaths from electricity
15.4 Lightning
References
16 Diagnosing Death and Changes after Death
16.1 Introduction
16.2 Is the person really dead?
16.3 Types of death
16.4 Diagnosis of circulatory death
16.5 Diagnosis of brain death
16.6 Diagnostic tests for brain stem death
16.7 Organ donation
16.8 Early Indications of Death
References
17 Identification: General Principles, including Anthropology, Fingerprints, and the Investigation of Mass Deaths
17.1 Introduction
17.2 Reasons for identification
17.3 Reasons for identification in deceased individuals
17.4 Reasons for identification in living persons
17.5 Approach
17.6 Biological (general) identification (what type of individual are we trying to identify?)
17.7 Personal identification
17.8 Victim identification and management in disasters (mass fatality incidents)
17.9 Practical procedures for identification
17.10 Identification of buried human remains
17.11 The use of fingerprints in identification
References
18 Use of DNA in Human Identification
18.1 DNA fingerprint discovery
18.2 Identification using DNA
18.3 The National DNA database
18.4 Forensic analysis
18.5 DNA mixtures
18.6 Lineage markers
18.7 Mitochondrial analysis
18.8 Kinship testing
18.9 Missing persons investigations
18.10 Disaster victim identification
References
19 Forensic Odontology and Human Identification
19.1 The human dentition
19.2 The dental identification process
19.3 Post‐mortem procedure
19.4 Dental ageing
19.5 Dental reconciliation
19.6 Identification outcomes
19.7 Bite Marks
References
Further reading
20 Crime and Mental Health/Forensic Psychiatry
20.1 Introduction
20.2 Mental disorder
20.3 Mental Disorder and Criminal Behaviour
20.4 Organic disorders
20.5 Substance Misuse Disorders
20.6 Mood Disorders
20.7 Psychotic Disorders
20.8 Neurotic and Anxiety Disorders
20.9 Personality Disorders
20.10 Learning Disabilities
20.11 Sexual Offending and Mental Disorders
20.12 Mental Health Legislation
20.13 Section 48: transfer of unsentenced prisoners
20.14 Section 41: restriction order
20.15 Section 49: restriction direction
20.16 Specific psychiatric issues during criminal proceedings
20.17 Serial Killers
20.18 Clinical Forensic Psychiatry
20.19 Secure Forensic Mental Health Services
20.20 Conclusions and final thoughts
References
21 Maternal Deaths
21.1 Introduction and definitions
21.2 Causes of maternal deaths
21.3 The autopsy in maternal death
21.4 Specialised pathology in pregnancy
References
22 The Examination of Detainees and Death in Custody
22.1 Defining death in custody
22.2 Ministerial Council on Deaths in Custody
22.3 Deaths in custody in England and Wales
22.4 Management of detainees in police custody
22.5 Role of the Independent Office for Police Conduct
22.6 Deaths related to restraint
22.7 Excited Delirium Syndrome/Acute Behavioural Disturbance
22.8 Conflict resolution (De‐escalation)
22.9 Methods of restraint
22.10 Addendum
References
23 Forensic Toxicology: Clinico-pathological Aspects and Medico-legal Issues
23.1 Introduction
23.2 Biological samples collected for toxicological analysis
23.3 Interpretation of toxicology results
23.4 Interactions between drugs
23.5 Assessing the cause of death
23.6 Alcohol
23.7 Alcohol withdrawal syndrome
23.8 Alcohol interaction with other drugs
References
24 Illicit Drug Use
24.1 Definitions
24.2 Type of substances
24.3 The legal scenario of drug use
24.4 The drug scene today
24.5 Consequences of drug use
References
Index
End User License Agreement
List of Tables
Chapter 4
Table 4.1 Different types of scenes commonly encountered, taking into account...
Chapter 5
Table 5.1 Type of samples taken at autopsy and further investigations.
Chapter 6
Table 6.1 Suggested schema for histological estimation of time interval from ...
Table 6.2 Summary of colour change in bruises with time (adapted from various...
Chapter 8
Table 8.1 Location of stab wounds in 87 fatal stabbing homicides (Glasgow cas...
Table 8.2 Incidence of defence wounds in fatal stabbings (%).
Table 8.3 Indicators seen between the three manners of death in sharp force t...
Chapter 10
Table 10.1 Carbon monoxide concentration (CO), carboxyhaemoglobin (COHb) leve...
Chapter 11
Table 11.1 Methods of torture.
Chapter 12
Table 12.1 Spectrum of laws on sexual offences.
Table 12.2 List of exhibits from a victim of rape.
Table 12.3 Common drugs found in drug‐facilitated rapes.
Chapter 13
Table 13.1 Safeguarding risks.
Chapter 17
Table 17.1 ACE‐V fingerprint system of scientific of identification.
Chapter 18
Table 18.1 DNA inhibitors and their possible source.
Chapter 20
Table 20.1 Most commonly used sections.
Chapter 21
Table 21.1 Direct causes of maternal death.
Table 21.2 Indirect causes of maternal death.
Table 21.3 Coincidental causes of maternal death.
Table 21.4 Causes of maternal death.
Chapter 23
Table 23.1 Recommended specimens collected in post‐mortem cases.
Table 23.2 Fatal concentrations (expressed in mg L
–1
or kg) reported fo...
Table 23.3 Effects of alcohol on body systems.
Table 23.4 Summary of interactions of alcohol with other drugs.
Chapter 24
Table 24.1 Classification of drugs according to the 1961 UN Convention, amend...
Table 24.2 Classification of drugs according to the 1971 UN Convention.
Table 24.3 Penalties provided for possession, supply, and production of drugs...
Table 24.4 Sexually transmitted diseases.
List of Illustrations
Chapter 1
Figure 1.1 Court system in England, Wales, and Northern Ireland.
Chapter 2
Figure 2.1
Medical certificate of the cause of death
(MCCD) used in the UK a...
Figure 2.2 A juror protesting that the subject of a coroner's inquest is ali...
Figure 2.3 Dr William Price.
Chapter 4
Figure 4.1 The deceased was found stabbed in the lounge by her husband. Sign...
Figure 4.2 (a) Scene cordoned off. (b) Back yard of apartments being examine...
Figure 4.3 Elderly male near river bank showing the area cordoned off, his f...
Chapter 5
Figure 5.1 Paul Cézanne:
Preparation for the Funeral (The Autopsy)
1867–1869...
Figure 5.2 The anatomical theatre at the University of Bologna. It was built...
Figure 5.3 Autopsy being performed in a modern hospital setting.
Figure 5.4 Common types of post‐mortem incisions for dissection of the decea...
Figure 5.5 Steps in the molecular autopsy process. Deoxyribonucleic acid is ...
Chapter 6
Figure 6.1 Some conditions associated with increased bleeding.
Figure 6.2 Haemosiderin‐laden macrophages in a 4‐day‐old subdermal bruise (P...
Figure 6.3 CIE LAB colour system.
Figure 6.4 Colorimeter optical system. The equipment is placed onto the test...
Figure 6.5 Male who died from postural asphyxia as a result of alcohol intox...
Figure 6.6 Yellow‐brown appearance of drag marks on the back produced when t...
Figure 6.7 The bruising of this middle‐aged woman has spread to include most...
Chapter 7
Figure 7.1 Blunt object stretching the skin, causing an abrasion. The arrow ...
Figure 7.2 Sixty‐year‐old male with multiple criss‐cross facial abrasions (a...
Figure 7.3 Abrasions on the right forehead and cheek bone caused by a fall t...
Figure 7.4 Imprint abrasions and bruising on the head (a) which has been sta...
Figure 7.5 Young woman who died from manual strangulation. The right side of...
Figure 7.6 (a) Post‐mortem grazes marks from dragging the body after death. ...
Figure 7.7 Bruising caused by blunt force impact on to skin. The arrow shows...
Figure 7.8 (a) Operation site to repair a fracture of the left neck of the f...
Figure 7.9 ‘Fingertip’ bruising on both upper arms of a young child that had...
Figure 7.10 (a) Two ‘tramline’ bruises caused by (b) the cylindrical wooden ...
Figure 7.11 Bruising seen within the dermis since the epidermis is bloodless...
Figure 7.12 Lacerations to the crown of the head. Over the scalp, they may h...
Figure 7.13 Motorcyclist who was thrown head first onto a tree trunk and die...
Figure 7.14 Young adult male who precipitated from a window of a high‐rise b...
Figure 7.15 Blunt trauma impact to the head.
Figure 7.16 Old contusions on the underside of both frontal and temporal lob...
Figure 7.17 Extradural (epidural) haematoma.
Figure 7.18 Fresh subdural haematoma.
Figure 7.19 Chronic subdural haematoma showing formation of a membrane. The ...
Figure 7.20 Basal subarachnoid haemorrhage caused by a ruptured left vertebr...
Figure 7.21 Blow to the left side of the neck resulting in a semicircular la...
Chapter 8
Figure 8.1 The clothing in this young adult male has been pulled up above st...
Figure 8.2 Middle‐aged male lying on the bed with his feet near the ground a...
Figure 8.3 Young male with multiple self‐inflicted incised wounds: (a) right...
Figure 8.4 Tears in clothing resulting from stabbing (a) Shows a clean cut. ...
Figure 8.5 Defence cuts to left hand where the deceased tried to take hold o...
Figure 8.6 Stab wound caused by a knife with a single cutting edge. The righ...
Figure 8.7 (a) Tangential stab wound to the crown of the head and underlying...
Figure 8.8 Stab wound showing a slight central notch on its upper margin. Th...
Figure 8.9 Stab wound with central notch giving the appearance of a V shape....
Figure 8.10 (a) Multiple stab wounds on the left side of the chest. The prob...
Chapter 9
Figure 9.1 Handguns.
Figure 9.2 Rifle.
Figure 9.3 Examples of ammunition in rifled firearms.
Figure 9.4 Double‐barrelled shotgun.
Figure 9.5 Shotgun ammunition.
Figure 9.6 Shotgun loading – showing different shot sizes and slugs.
Figure 9.7 Fluoroscope used to find missiles in victims of genocide found in...
Figure 9.8 Gunshot entry wound on right upper cheek exiting at left mid‐chee...
Figure 9.9 (a) Cross‐section of skin overlying the skull showing the effects...
Figure 9.10 Contact entry wound. There is abraded skin around the wound toge...
Figure 9.11 Contact wound from suicide case. Patterned burning (a) is caused...
Figure 9.12 Powder tattooing in an intermediate range gunshot wound.
Figure 9.13 Entry wound and large funnelled exit wound from a high‐velocity ...
Figure 9.14 Exit wound with ‘slit’ appearance.
Figure 9.15 Graze wound across bridge of the nose and touching the left chee...
Figure 9.16 Shotgun contact wound on the abdomen. Searing from emission of h...
Figure 9.17 Contact wound with imprint of front sight and muzzle of shotgun....
Figure 9.18 Intermediate‐range shotgun wound. There is a spread of pellets w...
Figure 9.19 Taxi driver shot through the glass partition between the driver ...
Figure 9.20 Dismemberment and multiple punctate and larger lacerations.
Figure 9.21 Grazes, lacerations, and burns to the trunk and face.
Figure 9.22 Penetrating wounds to the back from shrapnel.
Figure 9.23 Blast injury to lungs.
Chapter 10
Figure 10.1 Petechial haemorrhages seen on the (a) face, (b) conjunctivae, (...
Figure 10.2 Cyanosis of the face in a case of suicidal strangulation (see al...
Figure 10.3 (a) Elderly woman with a piece of meat obstructing her laryngeal...
Figure 10.4 Bruises and grazes on the neck in manual strangulation: (a) fing...
Figure 10.5 (a) Fractures to superior thyroid cartilage horns. (b) Bruising ...
Figure 10.6 Bruising and swelling of laryngeal inlet and base of tongue.
Figure 10.7 Three‐dimensional CT reconstruction in a case of homicidal ligat...
Figure 10.8 Bruising on the inside of the upper and lower lips from pressure...
Figure 10.9 Bruising to head from movement during a struggle.
Figure 10.10 (a) Bar choke and (b) carotid sleeper holds. The front of the n...
Figure 10.11 Young woman strangled with part of her torn blouse. The branch ...
Figure 10.12 Case of suicidal ligature strangulation in a middle‐aged male. ...
Figure 10.13 Accidental ligature strangulation in a young infant. His neck b...
Figure 10.14 Young male, hanging in the basement of a wine shop. His feet ar...
Figure 10.15 The drowned woman 1867, Vasily Perov (1834–1882). Tretyakov Gal...
Figure 10.16
Navicula
spp. one of the most common type of diatoms seen.
Chapter 11
Figure 11.1 Joan of Arc burning at the stake. Jules‐Eugène Lenepveu (1819–18...
Figure 11.2 Example of falanga – beating on the soles of the feet.
Figure 11.3 Systematic and violent beating. There were also multiple bruises...
Figure 11.4 The pattern of the scalding noted shows a well‐demarcated line o...
Figure 11.5 Photograph of bruise with a scale.
Figure 11.6 Chronology of major international and regional treaties and inst...
Figure 11.7 Victims being taken for burial that had been exhumed from a mass...
Figure 11.8 Relatives being shown skeletal remains of a victim who had ‘disa...
Chapter 12
Figure 12.1 Interview room: comfortable chairs with some distance between th...
Figure 12.2 Counselling room: casual space for a more relaxed atmosphere and...
Figure 12.3 Medical examination room: shown here with a gynaecology examinat...
Figure 12.4 Shower facility to allow victims to wash after completion of the...
Chapter 13
Figure 13.1 Accidental and non‐accidental bruising patterns in infants.
Figure 13.2 Mongolian spots in two children. The child on the left also has ...
Figure 13.3 Four bite marks on a child's arm.
Figure 13.4 Demarcation lines in hands and feet seen in deliberate scalding....
Figure 13.5 A typical recent cigarette burn is seen and medial to it a heale...
Figure 13.6 Burn mark made by the heated metal part of a disposable lighter....
Figure 13.7 Angulated fracture of the right parietal bone caused by non‐acci...
Figure 13.8 Spiral fracture of the left humerus.
Figure 13.9 Epiphysial fracture distal femur with shearing of the metaphysea...
Figure 13.10 Periosteal new bone formation of tibia.
Figure 13.11 Multiple fractures in an infant suffering from congenital ricke...
Figure 13.12 An obstetric examination couch with a digital colposcope.
Chapter 15
Figure 15.1 Number of fire‐related fatalities in England, 1999/2000 to 2016/...
Figure 15.2 Fire‐related fatalities by location of fire, England 1999/2000 t...
Figure 15.3 (a) Woman found dead in a fire in her bedroom. The seat of the f...
Figure 15.4 Charred body with contracted arms and legs resembling a ‘pugilis...
Figure 15.5 Inhaled soot particles in trachea.
Figure 15.6 Time taken to cause thermal injury against temperature
Figure 15.7 Rule of nines for calculating the area burnt (applies only to ad...
Figure 15.8 Wischnewski spots.
Figure 15.9 Haemorrhagic pancreatitis.
Figure 15.10 Electric burn of left hand caused by contact with a live electr...
Figure 15.11 Area of skin burn on the hand. Note the presence of palisade‐li...
Figure 15.12 Lichtenberg figures (arrows) in two case of lightning strike: C...
Chapter 16
Figure 16.1 History of diagnosing death timeline.
Figure 16.2 Relationship between criteria for the diagnosis and confirmation...
Figure 16.3 Wiertz's painting of a man buried alive – L'Inhumation précipité...
Figure 16.4 An example of a safety coffin invented in the late nineteenth ce...
Figure 16.5 Dessication of the scleral after death causing ‘tach noir’.
Figure 16.6 Cooling curves: the Newtonian single exponential curve (a) does ...
Figure 16.7 Nomogram for estimating time of death for ambient temperatures u...
Figure 16.8 Hypostasis distributed on the back. The blanched areas are where...
Figure 16.9 Hypostasis conforming to the pattern of clothing.
Figure 16.10 Fungus growing on the face.
Figure 16.11 Blood‐stained fluid purged from mouth and nose.
Figure 16.12 Bloated abdomen with marbling of the veins and blistering of th...
Figure 16.13 Adipocere on a partly skeletonised head. This body had been rec...
Figure 16.14 Rat bites on tips and pads of fingers.
Figure 16.15 Maggots from blowflies on male's decomposing face with close up...
Figure 16.16 Lifecycle of a typical bluebottle blowfly,
Calliphora vicina
(D...
Chapter 17
Figure 17.1 Misidentification of William West and Will West (FBI National Ar...
Figure 17.2 The bomb explosion at the Royal Marines School of Music. (a) Map...
Figure 17.3 Chinook helicopter crash. (a) A Chinook helicopter similar to th...
Figure 17.4 Scenes from the Kings Cross Fire.
Figure 17.5 Destruction of the Twin Towers (World Trade Centre), New York, 1...
Figure 17.6 Views of ‘Ground Zero’ three months after the destruction of the...
Figure 17.7 The temporary examination area at the New York City OCME.
Figure 17.8 Memorial Park (white tent with refrigerated tractor trailers), w...
Figure 17.9 Friction ridge detail.
Figure 17.10 Friction ridge detail: minutiae – ridge features.
Chapter 18
Figure 18.1 Multilocus probe test.
Figure 18.2 Unpacking a chromosome.
Figure 18.3 Unpacking the double helix.
Figure 18.4 Short tandem repeat.
Figure 18.5 An electropherogram of an allelic ladder, showing all the common...
Figure 18.6 A DNA17 profile.
Figure 18.7 An electropherogram of a DNA profile in which alleles have been ...
Figure 18.8 Stochastic variation.
Figure 18.9 DNA mixture of at least two people, including at least one male,...
Figure 18.10 DNA mixture of at least three people with at least one male con...
Figure 18.11 Diagram of the mitochondrial genome illustrating the area of in...
Chapter 19
Figure 19.1 Orthopantomogram and bitewing radiographs taken 10 years apart....
Figure 19.2 Bite marks: the figure on the right shows a scale and is overlay...
Chapter 22
Figure 22.1 Average number of deaths in state custody for four custodial sec...
Figure 22.2 Incidents by type of death and financial year, 2004/05 to 2014/1...
Figure 22.3 Multifactorial causes of restraint‐related death.
Chapter 23
Figure 23.1 Mean concentration–time profiles of ethanol in blood, breath, sa...
Figure 23.2 Schematic representation of the clinically relevant Tf isoforms....
Guide
Cover
Table of Contents
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Essentials of Forensic Science
Titles in the series
1. An Introduction to Forensic Genetics, Second EditionWilliam Goodwin, Adrian Linacre and Sibte Hadi2. Forensic Botany: A Practical GuideDavid Hall and Jason Byrd3. Wildlife DNA Analysis: Applications in Forensic ScienceAdrian Linacre and Shanan Tobe4. Forensic Approaches to Buried RemainsJohn Hunter, Barrie Simpson and Caroline Sturdy Colls5. The Forensic Examination and Interpretation of Tool MarksDavid Baldwin, John Birkett, Owen Facey and Gilleon Rabey6. Foundations of Forensic Document Analysis: Theory and PracticeMichael Allen
Essential Forensic Medicine
Edited by
Peter Vanezis
Emeritus Professor of Forensic Medical Sciences, Queen Mary University of London
This edition first published 2020© 2020 John Wiley & Sons Ltd
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Library of Congress Cataloging‐in‐Publication Data
Names: Vanezis, Peter, author.Title: Essential forensic medicine / Peter Vanezis.Description: First edition. | Hoboken, NJ : Wiley, [2020]. | Series: Essentials of forensic science | Includes bibliographical references and index. |Identifiers: LCCN 2019016116 (print) | LCCN 2019017012 (ebook) | ISBN 9781119186885 (Adobe PDF) | ISBN 9781119186892 (ePub) | ISBN 9780470748633 (paperback)Subjects: | MESH: Forensic Medicine–methods | Wounds and Injuries–pathologyClassification: LCC RA1151 (ebook) | LCC RA1151 (print) | NLM W 700 | DDC 614/.1–dc23LC record available at https://lccn.loc.gov/2019016116
Cover image: Courtesy of Peter VanezisCover design: Wiley
List of Contributors
Dr Philip Beh ‐ Consulting EditorAssociate Professor, Department of Pathology, Li Ka Shing Faculty of Medicine, University of Hong Kong, Hong Kong, PR China
Dr Mahomed DadaConsultant Histopathologist, Histopathology Department, West Suffolk Hospital NHS Foundation Trust, Bury St. Edmunds, UK
Dr Vivek KhoslaConsultant Forensic Psychiatrist and Associate Medical Director (Adult), Oxford Clinic Medium Secure Unit, Littlemore Mental Health Centre, Oxford Health NHS Foundation Trust, Oxford, UK
Dr Chiara LaposataMedical Specialist in Legal Medicine, Unit of Forensic Medicine, Department of Diagnostics and Public Health, University of Verona, Verona, Italy
Dr Phil MarsdenConsultant Forensic Odontologist, London, UK
Dr Nadia PorpigliaPost‐doctoral Researcher in Forensic Toxicology, Unit of Forensic Medicine, Department of Diagnostics and Public Health, University of Verona, Verona, Italy
Dr Claudia RimondoSenior consultant on substance of abuse and addictions, Department of Diagnostic and Public Health, University of Verona, Verona, ItalyAssistant at the European Chemicals Agency
Dr Giovanni SerpelloniDirector of UOC Addiction Department, Verona, Italy
Professor Denise Syndercombe CourtProfessor of Forensic Genetics, Department of Analytical, Environmental and Forensic Sciences, King's College London, London, UK
Professor Franco TagliaroProfessor and Head of Unit of Forensic Medicine, Department of Diagnostics and Public Health, University of Verona, Verona, Italy
Dr Orlando Trujillo‐BuenoOxford Health NHS Foundation Trust, Oxford, UK
Professor Peter Vanezis OBEProfessor Emeritus of Forensic Medical Sciences Queen Mary, University of London, UK
Series Foreword
Essentials of Forensic Science
The world of forensic science is changing at pace in terms of the provision of quality forensic science services, the development of technologies and knowledge, and the interpretation of analytical and other data as it is applied to evidence types presented in our court rooms. Practising forensic scientists are constantly striving to deliver the very best for the judicial process. As such, they need a reliable, valid, and robust scientific basis to underpin the evidence they present in our courts in the service of justice.
It is hoped that this book series will provide a resource by which such validated scientific underpinning can be articulated to both students and practitioners of forensic science alike.
Professor Niamh Nic Daéid, FRSE
Leverhulme Research Centre for Forensic Science
University of Dundee
Series Editor
2019
Preface
There are numerous excellent forensic medical texts available that fulfil the needs of the various professional forensic medicine or science experts in their day‐to‐day work. Whilst naturally experts will be drawn to texts in their own sub‐specialty, the expectation of those wishing to have a wide understanding of the various disciplines is better suited to a more broad‐based text. Such individuals fall into main two groups: undergraduate and postgraduate students with a science or medical background, and forensic professionals who wish to widen their knowledge base and enhance their career opportunities.
This text provides essential knowledge in the different areas of the forensic medical sciences to both these groups and is particularly useful for all students taking post‐graduate examinations and diplomas up to Masters level.
The text is not designed to be exhaustive and the reader is encouraged and guided towards further reading to supplement their study material when preparing for examinations.
I hope very much that that you find this book a useful companion and would very much appreciate your critical feedback to assist us for future editions.
Peter Vanezis
Acknowledgements
I would firstly like to thank my Consulting Editor Philip Beh for his invaluable advice and contribution to the text, particularly with regard to clinical forensic topics. I would also like to thank all contributors, Mahomed Dada, Vivek Khosla, Chiara Laposata, Philip Marsden, Nadia Porpiglia, Claudia Rimondo, Denise‐Syndercome‐Court, Giovanni Serpelloni, Franco Tagliaro and Orlando Trujillo‐Bueno,
My thanks go to all the staff at Wiley for their assistance with the book through its long gestation period and they include, Vinodhini Mathiyalagan, Nicky McGirr, Elsie Merlin, Lesley Montford, Emma Strickland, Audrie Tan, Mounisamy Thilagavathy, and many others in their team.
I lastly wish to express my gratitute for the permissions granted from various individuals and organisations for many of the illustrations used in the book.
Peter Vanezis
1The Legal System, Courts, and Witnesses
Peter Vanezis
Queen Mary University of London, London, UK
1.1 Introduction
Forensic medicine in its broadest sense is that branch of medicine which is involved with legal matters and proceedings. The term ‘forensic’ is derived from the Latin forensis, meaning ‘the forum’.1 Forensic practitioners work within the legal system of their area of practice and occasionally may be required to provide reports and give evidence in jurisdictions beyond their own. It is outside the scope of this text to describe in detail different legal systems and here only a brief description of the different main legal systems is given.
There are a number of legal systems and many countries have a mixture of different systems that has ultimately resulted from cultural, religious, and other influences in the development of each particular nation. The main legal systems include common law, Roman law (civil law), religious law and a mixed system. Furthermore, in the European Union (EU) the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law.
1.1.1 Common law
Common law developed in England, was influenced by the Norman conquest, which introduced legal concepts from Norman law, and was later inherited by the Commonwealth of Nations and adopted by almost every former colony of the British Empire.
Common law has its source in decisions on cases made by judges. The doctrine of precedent is the main difference from codified law systems. A precedent is a legal case establishing a principle or rule that a court or other judicial body may utilise when deciding subsequent cases with similar issues or facts. Alongside this system of law, there is a legislature that passes new laws and statutes, and the relationships between statutes and judicial decisions can be complex.
The court's role is to apply and develop common law. Statute law, which is created by Parliament, takes precedence over common law and is the supreme legal authority in the United Kingdom (UK). Membership of the EU has meant that European law takes precedence over British Acts of Parliament.
1.1.2 Civil law (Roman law)
Civil law is the most widespread system of law around the world and is sometimes known as continental European law. Scots law is a mixed system based on Roman and continental law with elements of common law dating back to the Middle Ages.
The authoritative source of civil law is based on codifications in a constitution or statute passed by legislature (rather than judicial precedents, as in common law).
Historically, the Code of Hammurabi in Babylon c. 1790 BCE is recognised as the first codification (Hooker 1996). The main origin of civil law, however, is from the Roman Empire, the Corpus Juris Civilis issued by the Emperor Justinian c. 529 CE. In addition, civil law in its development was also partly influenced by religious laws such as Canon law and Islamic law (Kunkel 1966).
1.2 British courts
There are three court system structures in the UK governed by three different legal systems: England and Wales (English law), Scotland (Scots law), and Northern Ireland (Northern Ireland law).
1.3 The Supreme court of the United Kingdom
The United Kingdom Supreme Court was established by the Ministry of Justice in October 2009 following the passing of the Constitutional Reform Act 2005. Twelve professional judges who are members of the House of Lords carry out its judicial functions. It has assumed the jurisdiction of the Appellate Committee of the House of Lords and the devolution jurisdiction of the Judicial Committee of the Privy Council. It is therefore the final and highest court of appeal for all UK civil cases, and criminal cases from England, Wales, and Northern Ireland. It hears appeals on arguable points of law of general public importance and concentrates on cases of the greatest public and constitutional importance. It also maintains and develops the role of the highest court in the UK as a leader in the common law world.
The Supreme Court cannot consider a case unless a relevant order has been made in a lower court. The courts from which appeals are heard in the UK include:
England and Wales
: the Court of Appeal, Civil Division; the Court of Appeal, Criminal Division; the High Court in some limited cases
Scotland
: the Court of Session
Northern Ireland
: the Court of Appeal in Northern Ireland; the High Court in some limited cases.
Most courts in England and Wales are the responsibility of the Ministry of Justice and Her Majesty's Courts and Tribunals Service (HMCTS2011), an agency of the Ministry of Justice, for their administration.
The HMCT was created on 1 April 2011 and brings together Her Majesty's Courts Service and the Tribunals Service into one integrated agency providing support for the administration of justice of the criminal, civil, and family courts and tribunals in England and Wales and non‐devolved tribunals in Scotland and Northern Ireland. It uniquely operates as a partnership between the Lord Chancellor, the Lord Chief Justice, and the Senior President of Tribunals.
1.4 English and Welsh courts
1.4.1 Court of Appeal
This court consists of two divisions, the Criminal Division and the Civil Division. Decisions of the Court of Appeal may be appealed to the Supreme Court. The Civil Division hears appeals concerning civil law and family justice from the High Court, from tribunals, and certain cases from county courts. The Criminal Division of the Court of Appeal hears appeals from the Crown Court.
1.4.2 High Court
The High Court consists of three divisions, the Chancery Division, the Family Division and the Queen's Bench Division. Decisions of this court may be appealed to the Civil Division of the Court of Appeal.
1.4.3 County Courts
These courts deal with all except the most complicated and most simple civil cases (including most matters under the value of £5000). Decisions in county courts may be appealed to the appropriate division of the High Court.
1.4.4 Crown Court
The Crown Court deals with indictable criminal cases that have been transferred from the Magistrates' Courts, including serious criminal cases (such as murder, rape, and robbery). Cases are sent for sentencing and appeals. Cases are heard by a judge and a jury. Decisions by the Crown Court may be appealed to the Criminal Division of the Court of Appeal.
1.4.5 Magistrates' Courts
These courts deal with summary criminal cases and committals to the Crown Court, with simple civil cases, including family proceedings courts and youth courts, and with licencing of betting, gaming, and liquor. Cases are normally heard by three magistrates or by a district judge, without a jury. Criminal decisions may be appealed to the Crown Court and civil decisions to the county courts.
1.4.6 Tribunals
The Tribunal Service makes decisions on matters of asylum, immigration, criminal injuries, employment, compensation, social security, education, child support, pensions, tax, and lands. Decisions may be appealed to the appropriate division of the High Court.
The structure of the court system in England, Wales, and Northern Ireland is shown in Figure 1.1.
1.5 Scottish Courts
In Scotland, the Superior Courts consist of the Court of Session and the High Court of Justiciary. The Supreme Court of the United Kingdom (described above) hears appeals from the Inner House of the Court of Session.
1.5.1 The court of session
The supreme civil court in Scotland sits in an appeal capacity and also as a civil court dealing with disputes between people or organisations. It consists of the Inner House and Outer House. The Inner House deals mainly with appeals. Appeals are heard from the Outer House, from the Sheriff Court, and from certain tribunals and other bodies. Decisions may be appealed to the Supreme Court. The Outer House hears cases at first instance on a wide range of civil matters. Decisions of the Outer House may be appealed to the Inner House.
1.5.2 The High Court of Justiciary
The High Court of Justiciary deals with criminal appeals and serious criminal cases. Decisions may be appealed to the Privy Council (functions have been taken over by the Supreme Court).
1.5.3 The Sheriff Court
Most cases are heard before a judge called a sheriff. The work of the Sheriff Courts can be divided into three main categories: civil, criminal and commissary. They deal with more serious cases than Justice of the Peace Courts.
1.5.4 Justice of the Peace Courts
From 10 March 2008 the Scottish Court Service is responsible for the administration of the former District Courts – now Justice of the Peace Courts (JP Courts).
Figure 1.1 Court system in England, Wales, and Northern Ireland.
(Source: Reproduced from Her Majesty's Court Service – Structure of HMCS https://webarchive.nationalarchives.gov.uk/aboutus/structure/index.htm.)
1.6 Northern Ireland Courts
Northern Ireland's legal system is similar to that in England and Wales. The Lord Chancellor is responsible for court administration through the Northern Ireland Court Service. The Northern Ireland Office deals with policy and legislation concerning criminal law, the police, and the prison system.
The court system is similar to English courts, with a few modifications, and includes: The Court of Appeal, the High Court (three divisions as in England: Queen's Bench, Family and Chancery), the Crown Court, county courts and magistrates' courts.
1.7 Other courts
There are many other courts in existence. The following is not an exhaustive list.
1.7.1 The Court of Justice of the European Union
A case may be referred to the Court of Justice of the European Union (CJEU), based in Luxembourg. This may happen if European legislation has not been implemented properly by a national government, if there is confusion over its interpretation, or if it has been ignored. The case is then sent back to the national court to make a decision based on the ruling of the CJEU.
1.7.2 The European Court of Human Rights
The European Court of Human Rights, based in Strasbourg, deals with cases in which a person thinks their human rights have been contravened and for which there is no legal remedy within the national legal system.
1.7.3 Court martial (military court)
The Armed Forces Act 2006 established the Court Martial as a permanent standing court, effective from 1 November 2009. The Court Martial may try any offence against service law, which includes all criminal offences under the law of England and Wales. The procedure is broadly similar to that of the Crown Court in England and Wales. It is presided over by a Judge Advocate, and there is a jury (known as a ‘board’) of between three and seven officers.
1.7.4 International Courts
International courts are set up either between nations through treaties or by international organisations such as the United Nations (UN) and also include international tribunals established for specific purposes.
The International Criminal Court(ICC) governed by the Rome Statute (a multilateral treaty), is the first permanent, treaty‐based court and was established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The ICC is an independent international organisation and is not part of the UN system. Its seat is at The Hague in the Netherlands. The international community has long aspired to the creation of a permanent international court and in the twentieth century it reached consensus on definitions of genocide, crimes against humanity, and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War. In the 1990s, after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of a consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time‐frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed. On 17 July 1998, the international community reached a historic milestone when 120 states adopted the Rome Statute, the legal basis for establishing the permanent ICC, which entered into force on 1 July 2002 after ratification by 60 countries.
The International Court of Justice(ICJ) is the principal judicial organ of the UN. It was established in June 1945 by the UN and began work in April 1946. It is based in The Hague (Netherlands). The Court's role is to settle, in accordance with international law, legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorised UN organs and specialised agencies. Fifteen judges, who are elected for a term of nine years by the UN General Assembly and the Security Council of the UN, comprise the court. It is assisted by a Registry, its administrative organ, and the official languages are English and French.
1.7.5 Coroner Courts
Coroner courts are covered in Chapter 2.
1.8 Types of witnesses and evidence
1.8.1 Ordinary witness
An ordinary witness is anyone who can give a first‐hand factual account of what they have seen or otherwise experienced in some way, e.g. an eyewitness in a road traffic collision. Any person may be called upon in such a capacity to give evidence.
1.8.2 Professional witness versus the expert witness
The terms professional witness and expert witness are often used synonymously although in the UK the distinction is made where a witness gives evidence in relation to a case in which they may be involved in a professional capacity, e.g. a casualty doctor who has treated the victim of an assault. The doctor will be requested to provide a statement for the court giving a factual account of what injuries they found and how they were investigated and treated. An opinion in relation to the causation of the injuries may be requested if the court agrees and if it is likely that the causation is not contentious, although opinions derived from the facts of a case are the province of expert witness testimony. It would be a common occurrence for a medical expert in the same case to give opinion based on the evidence of the treating doctor. The Faculty of Forensic and Legal Medicine clarified the position in relation to forensic physicians (FPs) acting as professional witnesses as opposed to expert witnesses, stating that FPs document the clinical findings and may include a limited opinion with respect to the significance of the examination findings, e.g. causation of a bruise (Academic Committee of the Faculty of Forensic and Legal Medicine, UK 2008). Although it is expected that all FPs should have had training in how to produce a factual statement, and have ongoing support with writing statements from an experienced FP, the author of a professional statement is merely a witness of fact and does not have to have any experience or expertise with regard to the interpretation of the clinical findings. However, the courts will often need expert interpretation of the medical evidence and this task will fall to an expert witness. The Crown Prosecution Service, alluding to the investigation of rape cases, makes the point that investigating officers and rape specialist prosecutors need to be aware that many FPs, whilst competent to carry out the examination and collect samples, lack the experience and expertise to provide expert opinion (Crown Prosecution Service 2011). This results in professional rather than expert status and may apply particularly where police forces have outsourced services. In these circumstances consideration should always be given to instructing an expert to provide an opinion on the FP's findings.
1.8.3 Expert evidence
An expert witness may give evidence on both fact and opinion or on opinion alone. With respect to criminal proceedings in England and Wales, and following a number of concerns about forensic medical and scientific expert evidence that have resulted in a number of miscarriages of justice, the Law Commission recently published a report that has been presented to Parliament recommending a number of changes (The Law Commission 2011). One of the key recommendations of the report is that there should be a statutory admissibility test which would provide that an expert's opinion evidence is admissible in criminal proceedings only if it is sufficiently reliable to be admitted.
Four requirements have developed at common law in relation to the admissibility of expert evidence in criminal cases.
Assistance
For expert opinion evidence to be admissible it must be able to provide the court with information which is likely to be outside a judge or jury's knowledge and experience, but it must also be evidence which gives the court the help it needs in forming its conclusions.
Relevant expertise
To demonstrate expertise in a particular area, it is essential to furnish the judge or jury with the necessary scientific criteria for testing the accuracy of expert conclusions so as to enable the judge or jury to form their own independent judgement as to the accuracy of their conclusions (Davie v Magistrates of Edinburgh 1953).
The expert usually has academic qualification and experience within their field of expertise. However, expertise can be gained through experience alone, e.g. a police officer may be an accident investigator, or a charity worker with drug abusers may give opinion on the amount of drugs for personal use. An expert may therefore qualify as such through study, training or experience in a particular area (Keane 2000).
Federal rule 702 (Federal Rules of Evidence USA 2006) deals with conditions under which testimony by experts can be given and states, ‘If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case’.
Impartiality
The expert must be able to provide impartial, objective evidence on the matters within their field of expertise.
The Civil Procedure Rules (2011) state that (i) it is the duty of experts to help the court on matters within their expertise and (ii) this duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.
Criminal Procedure Rules (2010) state that (i) an expert must help the court to achieve the overriding objective by giving objective, unbiased opinion on matters within his/her expertise, (ii) this duty overrides any obligation to the person from whom he/she receives instructions or by whom he/she is paid, and (iii) this duty includes an obligation to inform all parties and the court if the expert's opinion changes from that contained in a report served as evidence or given in a statement.
Evidential reliability
Courts in the USA and elsewhere have developed through common law from ‘general acceptance’ to ‘reliability’.
The Frye test (Frye v 1923). In this case the appellant (defendant), was convicted of the crime of murder in the second degree. The case is based on the admissibility of the polygraph (lie detector test).2 It followed from this judgement that scientific evidence presented to the court must be interpreted by the court as ‘generally accepted’ by a meaningful segment of the associated scientific community’. This applies to procedures, principles or techniques that may be presented in the proceedings of a court case.
In R v Bonython (1984), King CJ explained the court's approach as follows: ‘Before admitting the opinion of a witness into evidence as expert testimony, the judge must consider and decide two questions.
The first is whether the subject matter of the opinion falls within the class of subjects upon which expert testimony is permissible. This first question may be divided into two parts: (i) whether the subject matter of the opinion is such that a person without instruction or experience in the area of knowledge or human experience would be able to form a sound judgement on the matter without the assistance of witnesses possessing special knowledge or experience in the area [common knowledge rule – see below] and (ii) whether the subject matter of the opinion forms part of a body of knowledge or experience which is sufficiently organised or recognised to be accepted as a reliable body of knowledge or experience, a special acquaintance with which of the witness would render his opinion of assistance to the court’.
The second question is whether the witness has acquired by study or experience sufficient knowledge of the subject to render his opinion of value in resolving the issue before the court.
Frye was followed in England in R v Gilfoyle (2001), though it had been superseded by Daubert (Daubert v Merrell Dow Pharmaceuticals Inc. 1993).3 The Court of Appeal in Dallagher (2002) stated that the approach in English law followed Daubert, although they referred to the pre‐2000, 702 amendment.
In the USA the conservative approach in Frye has now been replaced in most states by the case of Daubert, which provides a less conservative approach to admissibility and recognises validity and reliability. ‘Daubert hearings’ are voir dires to assess whether the expert evidence can be subject to falsifiability, refutability or testability taking into account methodology (including peer review and publication, known or potential error rate, and existence and maintenance of standards), and furthermore, whether the technique has gained general acceptance within the scientific community.
1.8.4 Common knowledge rule
The common knowledge rule bars the admission of expert evidence on matters that can be decide by the court based on its own common sense and everyday experience, and without the assistance of expert knowledge. The purpose of this rule is to preserve the integrity of the decision‐making process of the tribunal of fact. It is not designed to filter out inaccurate, invalid or inexpert evidence. Therefore, the common knowledge rule operates to exclude opinion evidence even if the evidence is extremely reliable. Such evidence would include expert evidence on intoxication and intent, character, credit, and credibility Furthermore, evidence from psychiatrists and psychologists is not admissible to prove the veracity of the accused's evidence or the credibility of witness accounts. The case of R v Turner (1975) stands as the main authority for the common knowledge rule at common law.4 The case of R v Chard (1972) is also of relevance in relation to intention.5
1.8.5 Basis rule
The basis rule requires the underpinning of an expert's opinion to be proven by admissible evidence, failing which the expert's opinion is either inadmissible or carries much‐reduced weight. The conceptual principle underlying the basis rule is that if an expert is to render the assistance for which his/her evidence is adduced, he/she must furnish the trier of fact with criteria enabling evaluation of the validity of the expert's conclusions. In other words, to state explicitly the facts or assumptions upon which his/her opinion is based.
In England at common law a liberal attitude is taken on the use of hearsay evidence by an expert. This approach is rooted in pragmatism rather than conceptual coherence. The concern is the virtual impossibility of strict compliance with the hearsay rule and the potential for excluding much highly useful and highly reliable opinion evidence. As the English courts said in another case (Borowski v Quayle 1966) ‘no one professional man can know from personal observation more than a minute fraction of the data which he must every day treat as working truths’.
