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PubMed2004

[Veterinarians as experts in court].

General veterinarians such as veterinary officers act as experts at court. They are in so far part of the evidence. Due to his experience the veterinary expert shall give systematical uniform principles concerning even domains adjacent to the field of animal protection such as protection of animal epidemics and food cases, verifiable by science and university research. Examples for expert's topics as well as the requirements of expert reports are shown. According to paragraph 15 II Tierschutzgesetz (Animal Protection Act), as well as according to paragraph paragraph 63, 76 Ordnungswidrigkeitengesetz the experts participation in the proceeding is necessary. In consideration of paragraph paragraph 74, 22 Strafprozessordnung (Code of Criminal Proceedure) conflicts may arise because the veterinarian officer is self-contained investigator, witness as well as expert in the same proceeding. In general the veterinarian officer, who has been involved in the investigations must be excluded from expert activity in the same case. The veterinarian officers have to solve this problem by seperating tasks and functions within one legal case.

Animal Rights↗
PubMed2004

Care for the terminally ill: a review of deaths in the gynaecological wards of a tertiary institution, 1986-2000.

BACKGROUND: There is yet no formula to predict the expected date of death, however this information may be invaluable to the terminally ill, care givers, friends and family members to write the will, arrange for end-of-life care, settle disputes, and to make plans for burial ceremonies. OBJECTIVE: The study is an audit of all deaths in the gynaecological wards to determine the causes of death and highlight the care option for the terminally ill patient. STUDY METHODS: The admission ward registers and the duplicate copies of issued death certificates between 1986-2000 were studied. Details of the individual patients diagnosis and at death or discharge were collected and crosschecked with the patient's casenote. The collected data was subjected to statistical analysis using appropriate computer software. RESULTS: A total of 10,485 admissions were recorded in the study period. There were 89 (0.85%) deaths and 27(0.26%) discharges against medical advice. The yearly rate of death varied between 0.36% and 1.66% admissions. Patients' discharging themselves from the gynaecological wards against medical advice started in 1992, and was at a maximum (2.0%%) in 1996. Carcinoma of the cervix (30.3%) was the most frequent cause of death next was ovarian cancer (29.2%). Death following complications from criminal abortions (11.2%) was fourth while deaths subsequent to operation for uterine fibroids and ectopic pregnancies were 2.2% each. Patients dying from complication of abortion were the youngest (22.6 years +/- 9.13), while patients dying from endometrial carcinoma were the oldest (64.75 years +/- 9.84). The mean age of patients dying from advance gynacological malignancies was 44.13 years +/- 17.07, which is significantly higher than the mean age of patients dying from complications of abortion, P<0.00015 (Student's T-Test, two tail, type 2). CONCLUSION: Advanced malignancies of the cervix, ovary and chorion carcinoma are the major causes of gynaecological deaths. Next, are deaths resulting from the complication of criminal abortion. Patients' discharge against medical advice as option of care needs further investigation.

Adult↗
PubMed2005

Genetic analysis of modern and historical burned human remains.

Burning of corpses is a well-known funeral procedure that has been performed for a long time in many cultures. Nowadays more and more corpses are burned in crematories and buried in urns, often for practical and financial reasons. In some scientific, criminal or civil cases even after cremation there is the need of genetic investigations for identification or paternity testing. Furthermore, burned remains are the only remains left in North Europe from 1200 BC to 500 AD. This makes genetic investigation of those materials interesting for anthropological reasons. We present on one hand a systematic investigation of 10 corpses before and after the cremation and on the other hand the analysis of seven historical remains representing the bronze age. We chose the ground bone powder and the less destroyed bone parts respectively and employed a slightly modified commercially available DNA extraction method. The presence of human nuclear and mitochondrial DNA was tested by a simple but highly sensitive Duplex-PCR. DNA quantification was done using real time PCR, and genetic typing was tried out using the AmpFISTR Identifiler Multiplex Kit, followed by an automatic analysis on an AbiPrism310.

DNA↗
PubMedDate not supplied

The Royal Commission into Aboriginal Deaths in Custody. Aspects of medical interest.

The Royal Commission into Aboriginal Deaths in Custody was established in a climate of deep suspicion about the treatment of Aboriginal detainees in Australian prisons and police lock-ups. Three and a half years of exhaustive enquiry have resulted in a mammoth report which not only deals with the problems in the criminal justice system that contribute to these deaths but also discusses in detail the current state of Aboriginal society in Australia. It is the Commission's view that improvements in the lives of Aboriginal people will only occur if they are given the power to bring about those improvements themselves. The Commission's report inevitably has much to say about health matters. This review concentrates on these health matters as they affect Aboriginal people generally, and more specifically, after they arrive within the criminal justice system. The Commission's views about the medical aspects of the investigations of the deaths once they occurred are also summarised as are some of the issues which are at the root of why Aboriginal people are grossly over-represented in custody.

Adult↗
PubMed1986

Forensic aspects of community dentistry.

Community Dentistry has developed as the dental profession's response to a social conscience, recognising the individual social and health needs and personal rights of each member of the community. In this context, forensic odontology is seen as providing that body of dental expertise necessary for the fulfillment of a number of social functions required by law, in both the civil and criminal arenas, with particular reference to the scientific identification of the dead, the investigation of bitemarks, the estimation of age and dental traumatology. The important role of dental records in these matters emphasises the social responsibility of each dentist to exercise great care in the documentation of his treatment procedures. This obligation also extends to the identification marking of dentures. The need for legislation in this area is discussed and the social responsibility of dental educators to include forensic odontology in the curricula of all dental schools, particularly in developing countries, is stressed. Research in forensic odontology should take into account the particular needs of each community in the light of their geographical, social and cultural backgrounds.

Community Dentistry↗
PubMed1996

[Limits of patient responsibility for cooperation with medical experts].

The accused, the parties and the witnesses have different far-reaching duties of cooperation in the different proceedings. This will be investigated in the following paper. The most differentiated regulations can be found in criminal proceedings. The principle of reasonableness forms a limit but is difficult to put in concrete terms.

Expert Testimony↗
PubMed1997

Parental rearing: a comparison between juvenile delinquents and controls in Russia.

Since parental maltreatment is commonly reported in studies of juvenile delinquency, our study aimed at a systematic investigation of perceived parental rearing by means of EMBU questionnaire in young male criminals (N = 190) compared to a matched control group (N = 120) in Russia. The results revealed significant differences between delinquents and non-delinquents in terms of the experience of more rejection, abuse, punishment and lack of emotional warmth in the former group. It became obvious that many of the differences were gender-specific, suggesting the crucial role of the fathers in the rearing practices towards their offsprings. The necessity of further study on the interrelationship between family variables and environmental correlates in an interactional model of delinquency is pointed out.

Adolescent↗
PubMed1998

The onset of heroin use and criminal behaviour: does order make a difference?

The extent to which the onset of criminality with respect to heroin use accounts for heterogeneity within a heroin-using population was investigated among 400 community and incarcerated methadone maintenance patients. Those for whom crime preceded heroin use (primary antisocials) were younger and more likely to be male than those for whom heroin use preceded crime (secondary antisocials). Primary antisocials were also more likely to have committed violent crime and to qualify for a diagnosis of antisocial personality disorder (ASPD). It is concluded that taking the order of onset of heroin use and criminality into account may reduce the risk of overdiagnosing ASPD among this population and help clarify the relationship between drug use and crime.

Adult↗
PubMedDate not supplied

[The participation of the forensic physician in investigative actions to verify the evidence in cases of injuries from sharp implements].

The problem of contribution of a forensic medic to verification of testimony at the site of criminal event is seldom, if ever, discussed. Tasks facing the specialist, some aspects of preparation to work, and methods of verifying the testimony on the spot, when the details of infliction of injuries with sharp instruments are investigated (the most frequent cause for calling forensic medics to verification of testimony on the spot) are discussed.

Expert Testimony↗
PubMed1991

Fatal and near-fatal animal bite injuries.

Fatal and near-fatal maulings of humans by pit bulls have recently become a topic of major public concern, resulting in the passage of laws in some jurisdictions that make the owner of a pit bull criminally liable for manslaughter if his or her pet causes a human death. The authors recently investigated two cases in which children were fatally injured by pet dogs. In the first case, a 17-day-old girl suffered fatal abdominal injuries when attacked by a pregnant Siberian husky. A 2-year-old girl expired from neck wounds inflicted by a pit bull or a rottweiler or both. Because no expert would testify as to which dog caused the fatal injury, the owner of the animals was not charged under a statute which specified criminality only if a pit bull caused the fatal injury. We also examined a 12-year-old boy who attempted to pet a circus tiger; the animal grabbed his arm with its claws and bit off the arm at the shoulder. The arm could not be reattached, but the child survived. These cases and the differentiation of animal bites from other injuries will be presented.

Age Factors↗
PubMed1995

Medicolegal investigative system and sudden death in Scandinavia.

The Nordic region consists of Denmark, with the autonomous territories of the Faeroes and Greenland, Finland, with the autonomous Aland Islands, Iceland, Norway, and Sweden. However, this review deals only with the situation in Norway, Denmark, Sweden and Finland. In these four countries only a physician can confirm that a person is dead and practically any physician can certify a death due to natural causes if he knows the cause of death. A clinical autopsy can be performed to confirm the diagnosis with the permission of the relatives. The regulations concerning the reporting and investigation of sudden unexpected and non-natural deaths are very similar in all Nordic countries. In general those deaths, which are criminal, suspicious, accidental, suicidal, sudden and unexpected, unexplained or in any way not due to natural causes, cannot be certified by a doctor and must be reported to the police for medico-legal investigation. Forensic Medicine exists as a medical specialty at present only in Finland and Sweden. The total autopsy rates vary from country to country, with the lowest autopsy rate in Norway-10.6% of all deaths, followed by Denmark-16%, Sweden-22% and Finland-31.1%. Despite the apparent similarities in legislation regarding those deaths which should be referred for medicolegal examination, the practices differ so much in the different countries that it is, in fact, not possible to make many valid comparisons. The number of Group XVI-cases (symptoms and ill-defined causes of death) of the International Classification of Diseases (ICD) in the mortality statistics of each Nordic country seems to be inversely correlated to the autopsy rate. This gives some indication of the efficacy of the certification of death in a given country. Finland, having the highest autopsy rate, has the lowest number of ill-defined causes of death. The declining autopsy rate in all Nordic countries seems to be in line with the international trend. If this tendency continues, it will, without doubt, have a negative impact on the reliability of mortality statistics in general and, in the individual case, increase the possibility of incorrect classification of the mode of death. In the worst instance this might result in failure to detect homicide.

Autopsy↗
PubMed2004

Research issues in forensic pathology: a survey of academic institutions employing forensic pathologists.

In an effort to characterize research efforts in forensic pathology, a questionnaire was sent to a representative of each of the 14 academic medical centers that employ full-time faculty forensic pathologists. Responses were received from all 14 (100%) of the institutions queried, representing a total of 39 forensic pathology faculty positions; 21 positions were tenure track and 18 positions were clinical or other tracks. Of the 39 positions, 25 positions (64%) at 10 institutions required some degree of research or scholarly output. Of the 25 forensic pathologists with a research imperative, only 3 (12%) were principal investigators or co-investigators on funded forensic pathology-based projects. The major limitation cited by respondents on the performance of forensic pathology research was the lack of protected time from service responsibilities. Fellowship training in forensic pathology was available at 6 of the 14 respondent institutions. Of these institutions, 4 (67%) had a research requirement for trainees, and 4 (67%) provided research training. In conclusion, very few US medical schools currently employ full-time faculty forensic pathologists. Of these, only a small number of institutions prioritize research by these faculty members. Scant federal funds are available to support research in forensic pathology. Few forensic pathology fellowship programs provide research training. To achieve a robust research agenda in forensic pathology that is sufficient to support the needs of the criminal justice and public health systems will require a paradigm shift in the medicolegal death investigative system and investment by federal agencies.

Academic Medical Centers↗
PubMedDate not supplied

[Evaluation of the aggressiveness in a group of adolescents from Puerto Rico].

This study is aimed at analyzing from a phenomenological and descriptive viewpoint, the psychodiagnostic and behaviour validity of the legal categories: "delinquents/non-delinquents" and "violent delinquents/non-violent delinquents", as compared to certain features of their personality which determine a violent behaviour in adolescents. To this end, the Rorschach records and the sketches of three groups of Puerto Rican adolescents, have been analyzed and compared. The results of the projective test, statistically compared, showed some significant differences between delinquent individuals and non-delinquent individuals, while the differences between violent delinquents and non-violent delinquents are not meaningful. These results prove that the psychodiagnostic modality "violence" is a standard feature of the delinquent group and it can be neither considered no included in the legal category of "violent crimes". However, different interpretations are possible and several ways for additional thorough studies and investigations can be envisaged.

Adolescent↗
PubMedDate not supplied

Personality dimensions and criminal arrest.

Previous studies have implicated antisocial personality disorder in criminal behavior, but little is known about the association between "normal" personality dimensions and arrest. We investigated the relationships between these personality dimensions and prior arrest in a sample of adults participating in a longitudinal epidemiological study. Between 1993 and 1999, psychiatrists re-examined subjects who were originally interviewed in Baltimore in 1981 as part of the Epidemiologic Catchment Area study; the psychiatrists diagnosed axis I and axis II disorders according to DSM-IV criteria. A total of 611 subjects also completed the Revised NEO Personality Inventory (NEO-PI-R), which assesses five broad factors and 30 facets of normal personality. History of criminal arrest in Maryland in the period 1981 to 1993 was determined from the state criminal justice database. Student's t test and logistic regression were used to evaluate relationships between NEO personality scores and prior arrest. Controlling for demographic characteristics, alcohol or drug use disorders, and DSM-IV personality disorder scores, the odds of prior arrest increased with scores on angry hostility, impulsiveness, and excitement-seeking dimensions. Prior arrest was inversely related to scores on trust, straightforwardness, compliance, modesty, dutifulness, and deliberation dimensions. The results suggest that specific dimensions of normal personality are related to criminal arrest in the community.

Adult↗
PubMed2006

Childhood trauma, psychiatric disorders, and criminal behavior in prisoners in Germany: a comparative study in incarcerated women and men.

OBJECTIVES: Previous studies indicate high rates of childhood trauma experiences as well as of mental disorders among prisoners. In this study, we investigate (1) the prevalence of different kinds of early traumatic experiences in female and male incarcerated prisoners, (2) their associations with mental disorders, and (3) their associations with characteristics of criminal behaviors. METHOD: The Childhood Trauma Questionnaire, Structured Clinical Interviews for DSM-IV Axis I and II Disorders, and Symptom Checklist-90-Revised (current psychopathology) were administered, and the subjects' criminal and arrest histories were obtained. All assessments were performed between May 1, 2002, and June 1, 2003. RESULTS: Comparable sample groups of 63 incarcerated women and 76 men participated. Apart from low rates of short stay prisoners and foreign nationals, the sample was comparable with all prisoners in North-Rhine Westfalia (largest state in Germany). A history of at least 1 type of moderate or severe childhood trauma was reported by 50.4% of the prisoners. In 86.3%, >/= 1 lifetime Axis I disorder was found (current, 83.5%), and a high mean number of comorbid diagnoses was found (mean +/- SD lifetime = 3.6 +/- 3.3, current = 2.9 +/- 2.7). In 53.2% of the sample, at least 1 Axis II (personality) disorder was diagnosed. The numbers of comorbid Axis I lifetime and current disorders as well as the number of lifetime Axis II disorders were significantly (p < .001) associated with the severity of childhood trauma history, indicating a dose-response relationship. Negative associations were observed between the severity of childhood trauma and age at first offense. CONCLUSION: Severity of childhood trauma experiences is associated with the presence and number of Axis I and Axis II mental disorders and may play a crucial role in the development of these disorders.

Adult↗
PubMed1999

Medical assessment and legal outcome in child sexual abuse.

OBJECTIVE: To examine the relationship of behavioral symptoms, interview disclosures, and physical examination findings with changing legal outcomes in child sexual abuse. DESIGN: Retrospective case series. SETTING: Hospital- and community-based multidisciplinary child abuse evaluation teams in the same county in 2 periods. PATIENTS: Children ages 0 to 17 years referred for evaluation of sexual abuse. MAIN OUTCOME MEASURES: Substantiation by child protective services, issuance of a warrant by law enforcement authorities, and criminal penalties were compared with reported changes in behavior, disclosure by the child, and physical evidence on examination. RESULTS: Among 497 children evaluated in 1991-1992 and 1995-1996, those with a positive examination finding were 2.5 times more likely to result in a criminal prosecution with a finding of perpetrator guilt (P<.001). Similar rates of disclosure, positive examination findings, child protective services substantiation, and warrant issuance were noted in the 2 periods. Decreasing rates of guilt determination and increasing criminal penalties were identified in 1995-1996 (P<.002). Disclosure of child sexual abuse during medical assessment was significantly associated with a positive physical examination finding, child protective services substantiation, and issuance of a warrant, but not a finding of guilt or criminal penalty. CONCLUSIONS: Medical assessment plays an important role in the overall community response to child sexual abuse. While behavioral symptoms and disclosure are important in medical treatment and child protective services investigation, positive physical findings are associated with a finding of guilt. There is a trend toward less finding of guilt and more years of criminal penalty that is not explained by case characteristics.

Adolescent↗
PubMed2005

Criminally prosecuted cases of child starvation.

OBJECTIVE: Here we describe the clinical findings and legal outcomes in 12 prosecuted cases of infant and child starvation. METHODS: Medical records, investigation records, and transcripts of court testimony were reviewed in the cases of 12 infants and children from locations throughout Texas who had been starved deliberately. The children's ages ranged from 2 months to 13 years. The caretakers of all children received both civil and criminal charges; cases were tried over an 11-year time span. Clinical presentations, examination findings, laboratory findings, symptoms of refeeding syndrome, and legal outcomes were examined. Two illustrative cases are presented in detail here. RESULTS: Of the 12 cases reviewed, the median age was 2.7 years, with a range of 2.25 months to 13 years 7 months. Half of the children died shortly before or soon after presentation for medical care or to law enforcement. Survival was more common in older children than in infants. Most of the children were secluded from others, and all had access to food denied or severely restricted. Caretakers claimed few, benign, or no past medical illnesses in the children. Based on weight and height measurements, 10 of the children had severe wasting and stunting, and 2 had mild or moderate wasting. There was a tendency toward more severe wasting in the fatal cases. All children manifested multiorgan effects of starvation. All survivors manifested complications with refeeding. Approximately half of the children had past or present injuries or history suggestive of physical or sexual abuse. Parental rights were terminated in all cases. A total of 25 individuals were charged criminally; 23 were found guilty or pled guilty, and trials for 2 individuals were pending at the time of this writing. The types of criminal charges and punishment varied from deferred adjudication to a life sentence. CONCLUSIONS: Life-threatening criminal starvation of infants and children is a rare and severe form of child maltreatment. In our series, infants were more wasted at the time of presentation and less likely to survive prolonged starvation than were older children. As with other forms of child abuse, caretakers' histories regarding the children's illnesses were inconsistent with the severity and chronicity of the children's degree of wasting. All victims in our series showed multiorgan effects of chronic malnutrition and deprivation, and all survivors developed refeeding complications and required prolonged periods of recovery.

Adolescent↗