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PubMed1980

Police and prosecution systems: An evaluation of a police criminal case preparation program.

Program evaluation can provide objective information relevant to decisions on program maintenance. A program to address problems in the preparation of criminal investigation reports in a metropolitan police department was evaluated. The program permanently altered environmental conditions under which reports were prepared to facilitate performance. Police officers, who had previously prepared reports without assistance, visited the Case Preparation Room to prepare reports with assistance from office personnel. Compared to reports prepared without assistance, reports prepared in the Case Preparation Room documented more case elements required by the state legal code for criminal prosecution, were completed in fewer days following arrests, and received higher ratings from Assistant District Attorneys. Operation of a permanent program available to approximately 945 officers proved a practical solution to improving the preparation of criminal investigation reports.

Journal Article↗
PubMed2002

Comparison of the elemental composition of office document paper: evidence in a homicide case.

Fraudulent substitution of a page within a multiple page document such as a will or business contract, the counterfeit manufacture of paper banknotes, and linking ransom or extortion notes have all been the focus of criminal investigations at one time or another. In a recent homicide investigation, document examiners were requested to compare a threatening letter received by a business partner of the deceased with paper samples seized under warrant from a suspect's house. Through a quantitative elemental analysis of the concentrations of nine elements (Na, Mg, Al, Mn, Sr, Y, Ba, La, and Ce) within the questioned and specimen documents, determined by inductively coupled plasma-mass spectrometry (ICP-MS), it was concluded that (i) the paper of the threatening letter originated from a different source to that of the paper seized from the suspect's house and (ii) all six pages of paper seized from the suspect's house originated from the same source. This discrimination of paper is presented as both a statistical t-test analysis (99.9% confidence limit) as well as construction of an elemental fingerprint for individual replicates within the questioned and specimen sample populations. This is the first reported use of the comparison of the elemental composition of document paper, determined by ICP-MS, to assist in a criminal investigation.

Journal Article↗
PubMed2002

Did he drown or was he murdered?

An unemployed, 60-year-old Singaporean gentleman died during a brief overseas trip to another South-East Asian country. He had, presumably, drowned in the bathtub of his hotel room, which he shared with his then 44-year-old companion, who was supposedly his nephew. The relevant public health and medico-legal authorities of the host country conducted an external examination of the body at the scene, whereupon they agreed with the police that his death was probably due to accidental drowning following an episode of syncope. It would appear that this verdict was based almost entirely on circumstantial and hearsay evidence. No autopsy was performed. In its place, considerable reliance was placed on the observation that abdominal compression resulted in the outflow of a small amount of water from the mouth, as being proof of drowning. A few days later, the body was cremated in the host country and the remains (ashes) were subsequently repatriated to Singapore. It later transpired that, shortly before they embarked on the ill-fated trip, the deceased's 'nephew' had purchased, on the former's behalf, travel insurance policies (covering accidental injury and death) amounting to a total of S$800,000 from five different insurance companies, as well as a separate life policy for a further S$100,000, most of which had been issued within the fortnight prior to their departure. Interestingly, the beneficiary (later the plaintiff in the ensuing civil trial some three years later) of all of these policies, was the ex-wife of the deceased's 'nephew', with whom he had, in fact, continued to live although they were officially divorced several years ago. Whilst the claim against the life policy had been settled, the first five insurers declined to issue payment on grounds of suspicion that the deceased had been the victim of a homicide, planned or executed by the 'nephew', wherein the beneficiary was a conspirator of sorts. The author was approached by defence counsel (representing the various insurers), for assistance in this matter. It was felt that a proper forensic review was seriously hampered by the lack of a full autopsy which would have been indispensable in ascertaining the actual cause of death and in eliminating other possibilities, apart from drowning, such as death from natural causes, other forms of injury, poisoning, or homicide. It was also emphasized that the mere presence of ingested water is not diagnostic of drowning. Eventually, after a protracted but unsuccessful attempt at mediation (in the course of which, the plaintiff rejected the offer of a reduced, although apparently sizable quantum), the matter came before the High Court, which found in favour of the defendants. It appeared that the judge was more than convinced that the deceased was indeed the victim of a homicide of which the plaintiff was a conspirator and her ex-husband, the perpetrator, as even a cursory perusal of the written judgement would indicate. Accordingly, the court ruled that the plaintiff (in her capacity as both the beneficiary of the insurance policies and executor of the estate) and her ex-husband had, effectively, deprived the insurers of their contractual right (as stipulated in the insurance policies) to have an autopsy conducted on the body of the deceased and they were, therefore, entitled to deny liability. This case illustrates the difficulties inherent in conducting an independent review of a putative instance of drowning, where convincing and reliable forensic evidence and documentation are largely wanting; this being compounded by its occurrence in a foreign jurisdiction whose medico-legal practices differ substantially from that to which one is accustomed. It may even be said that the corpus delecti was destroyed, in this instance, by cremation. It is also unusual in that a de-facto finding of murder was made in a civil court (whose standard of proof is that of a balance of probabilities) and that this had, subsequently, spurred the police to undertake a criminal investigation for conspiracy to murder. In the event, the civil appeal was dismissed by the Court of Appeal, but no charge was laid against any of the suspects for want of sufficient forensic or investigative evidence of a criminal offence having been committed.

Drowning↗
PubMed1980

Medicare program; withholding of payments to practitioners, providers, and suppliers of services--Health Care Financing Administration. Proposed rule.

This proposal would amend existing regulations to provide timely notice and administrative review when Medicare payments for services are withheld because there is evidence of fraud. This proposal would specify what constitutes evidence of fraud sufficient to support withholding: where a case is under criminal investigation, or a formal criminal charge has been issued, or a civil suit has been filed, or the procedures for exclusion from the Medicare program have been initiated because of fraud related to the Medicare program. The purpose of this proposal is to specify in regulations procedures to protect the interests of providers, practitioners, and suppliers of service without compromising pending actions or procedures or the ability of the Federal government to protect funds.

Crime↗
PubMed2002

Forensic implications of biting behavior: a conceptually underdeveloped area of investigation.

Within the context of a criminal investigation the human bitemark traditionally provides the forensic dentist with both physical and biological evidence. In recent years, however, examples exist where in addition to discussing physical and biological evidence, expert witnesses have also testified in court regarding the behavioral aspects of biting behavior. Interested in this additional source of evidence, the authors reviewed the research literature from which biting behavior could be explained. The review found a hiatus of empirical knowledge in this respect, with only two papers seemingly related to the topic. With this dearth of knowledge in mind, the authors present a framework for further analysis and tentatively suggest reasons for biting behaviors, using a range of psychological models. The article ends with a cautionary note that vague and often misleading behavioral assumptions must not be applied to bitemark testimony until further data are available.

Aggression↗
PubMed2001

The current status of microscopical hair comparisons.

Although the microscopical comparison of human hairs has been accepted in courts of law for over a century, recent advances in DNA technology have called this type of forensic examination into question. In a number of cases, post-conviction DNA testing has exonerated defendants who were convicted in part on the results of microscopical hair comparisons. A federal judge has held a Daubert hearing on the microscopical comparison of human hairs and has concluded that this type of examination does not meet the criteria for admission of scientific evidence in federal courts. A review of the available scientific literature on microscopical hair comparisons (including studies conducted by the Royal Canadian Mounted Police and the Federal Bureau of Investigation) leads to three conclusions: (1) microscopical comparisons of human hairs can yield scientifically defensible conclusions that can contribute to criminal investigations and criminal prosecutions, (2) the reliability of microscopical hair comparisons is strongly affected by the training of the forensic hair examiner, (3) forensic hair examiners cannot offer estimates of the probability of a match of a questioned hair with a hair from a randomly selected person. In order for microscopical hair examinations to survive challenges under the U.S. Supreme Court's Daubert decision, hair microscopists must be better trained and undergo frequent proficiency testing. More research on the error rates of microscopical hair comparisons should be undertaken, and guidelines for the permissible interpretations of such comparisons should be established. Until these issues have been addressed and satisfactorily resolved, microscopical hair comparisons should be regarded by law enforcement agencies and courts of law as merely presumptive in nature, and all microscopical hair comparisons should be confirmed by nuclear DNA profiling or mitochondrial DNA sequencing.

Expert Testimony↗
PubMed1983

Medicolegal investigation of problems involving criminals and criminal activity.

Proper investigation of cases involving criminals and their victims is essential, particularly if the case in question reveals an unusual situation. The various situations involving the criminal where potential problems may exist are reviewed according to the general problem areas of precustody, custody, and postcustody. A routine examination and documentation of these findings, their presentation, and interpretation is also reviewed. In addition, problems related to unusual cases involving deaths in custody are discussed.

Accidents↗
PubMed2006

Scientific standards for studies in forensic genetics.

Forensic molecular genetics has evolved from a rapidly developing field with changing technologies into a highly recognized and generally accepted forensic science, leading to the establishment of national DNA databases with DNA profiles from suspects and convicted offenders. DNA evidence has taken a central role by carrying a significant weight for convictions, as well as by excluding innocent suspects early on in a criminal investigation. Due to this impact on the criminal justice system, guidelines for research in forensic genetics have been introduced already since many years. The most important issues regarding the selection and definition of typing systems both for paternity testing and for forensic identification, the criteria for technical and biostatistical validation, as well as the use of mitochondrial DNA analysis are summarized and discussed.

DNA Fingerprinting↗
PubMedDate not supplied

A rational approach to the principles and practice of crime scene investigation: I. Principles.

This paper proposes a structured approach to crime scene investigation that may be applied to the wider aspects of criminal investigation. The approach is an adaptation of the hypotheticodeductive method. The investigator begins with observation of the scene leading to a cycle of hypotheses creation and testing with other information being supplied only after the initial scene examination and hypotheses creation. The recording of observation, hypotheses creation and testing, and information received creates an audit trail of the investigative process. The method seeks to minimise observer bias by providing a rational and recorded approach to crime scene investigation.

Journal Article↗
PubMed1984

Psychiatric court reports in Iceland 1970-1982.

This paper looks closely at psychiatric court reports in criminal cases in Iceland. Psychiatric court reports are in the great majority of cases requested by the State Criminal Investigation Police (SCIP) on behalf of the court in major criminal cases (e.g. homicide, sexual offences, arson, physical assault). Reports are very rarely requested by the defence. During the 13-year period 1970-1982 there were 97 requests for psychiatric reports by the police/court (i.e. an annual rate of about 7.5 reports). About two-thirds of the defendants were found to have some psychiatric abnormality, although only a minority (8%) were considered criminally insane at the time of the offence. Psychiatric reports were most often requested to assess criminal responsibility, and, to a much lesser extent, sentencing issues. Psychiatric experts almost never have to present their evidence in person in court, nor are they cross-examined on their evidence. This paper discusses some of the strengths and limitations of psychiatric evidence in Iceland, and the need for an organized forensic service.

Criminal Psychology↗
PubMed2006

Consideration of some taphonomic variables of relevance to forensic palynological investigation in the United Kingdom.

Palynology is a long established and respected branch of environmental science that has been applied to criminal investigation in a meaningful way only in recent years. It has proved to be remarkably versatile in many kinds of criminal enquiry. It is not, however, an absolute science; palynological data are on a par with the suites of symptoms which allow medical practitioners to make diagnoses. Taphonomic variability is the main factor complicating interpretation of forensic palynological data. Palynological taphonomy may be defined as "all the factors that influence whether a palynomorph (pollen, spore, or other microscopic entity) will be found at a specific place at a specific time". If taphonomic variability is anticipated, and regularly tested, palynology will continue to keep its place in the armoury of useful forensic methods. Some assumptions made by palynologists engaged in palaeoecology and archaeology have been shown to be untenable in the forensic context. Palynological and botanical profiling of crime scenes has demonstrated anomalies which challenge received wisdoms. It has proved impossible to obtain palynological population data because every site is unique - expectations of any palynological profile can only be crude. The palynological status of any place must be tested every time. Without a body of analytical data from the actual crime scene, it is difficult to see how any palynologist can hope to present credible arguments under cross-examination. The statements made in this paper relate mainly to work carried out in the United Kingdom.

Automobiles↗
PubMedDate not supplied

The nature of forensic science opinion--a possible framework to guide thinking and practice in investigations and in court proceedings.

The questions that are asked of forensic scientists during the course of a criminal investigation, and during subsequent court proceedings, are of varied form. This paper attempts to place these questions into broad generic types and explores the difference in the inferential process that a scientist may employ when forming opinions that help answer these questions. From this model, a working definition of different roles and attributes for forensic scientists is described which may offer greater clarity for both practitioners and users of forensic science.

Expert Testimony↗
PubMed1986

Crime scene investigation in child-abuse cases.

Although child abuse and neglect continue to appear in the medical literature frequently, little regarding scene investigation in such cases has been discussed. Many explanations have been offered for this deficit, the most common one is based on the time delay between infliction of the injury and discovery. At the Armed Forces Institute of Pathology, child-abuse cases submitted for consultation repeatedly show deficits in the scene investigation and its documentation. Since the discovery of child abuse is dependent on either physical evidence of repetitive punitive measures or an injury pattern not in agreement with the alleged circumstances, it behooves the assigned investigator to make every attempt to document the scene(s) as in any other criminal investigation.

Accidents, Home↗
PubMed2006

Hot cognition in investigative judgments: the differential influence of anger and sadness.

The authors predicted that the cognitive appraisal tendencies associated with sadness and anger would exert different influences on investigators' crime-related judgments. Supporting evidence was found in an experiment with 61 experienced criminal investigators. First, when judging the reliability of a witness statement, sad participants relied on their perception of both witness and situational variables, whereas angry participants relied only on their perception of witness variables. This corresponds to the emphasis placed on situational and individual control in the appraisals associated with sadness and anger, respectively. Second, when making judgments of the case, sad participants were sensitive to the consistency of a witness statement with the central hypothesis of the investigation, indicating substantive processing, whereas angry participants were unaffected by statement-hypothesis consistency, indicating heuristic processing. The findings suggest that the process of reliability assessment can be better understood by consulting theories of attribution and information processing.

Adult↗
PubMed2002

Collaboration between public health and law enforcement: new paradigms and partnerships for bioterrorism planning and response.

The biological attacks with powders containing Bacillus anthracis sent through the mail during September and October 2001 led to unprecedented public health and law enforcement investigations, which involved thousands of investigators from federal, state, and local agencies. Following recognition of the first cases of anthrax in Florida in early October 2001, investigators from the Centers for Disease Control and Prevention (CDC) and the Federal Bureau of Investigation (FBI) were mobilized to assist investigators from state and local public health and law enforcement agencies. Although public health and criminal investigations have been conducted in concert in the past, the response to the anthrax attacks required close collaboration because of the immediate and ongoing threat to public safety. We describe the collaborations between CDC and FBI during the investigation of the 2001 anthrax attacks and highlight the challenges and successes of public health and law enforcement collaborations in general.

Anthrax↗
PubMed2003

The effectiveness of protective clothing in the reduction of potential DNA contamination of the scene of crime.

The use of ultra-sensitive low copy number (LCN) DNA typing allows the analysis of picogram amounts of DNA. Trace evidence accidentally left at a scene of crime (SOC) by the investigating team may be inadvertently collected and analysed, potentially leading to spurious evidence being introduced into the criminal investigation. A series of experiments were undertaken to determine the extent to which an investigator could contribute to any DNA contamination of a scene of crime under different simulated activities. Further, the degree to which any contamination was reduced by the use of commercially available protective clothing was demonstrated. Precautions that should routinely be taken at a scene of crime to reduce the risk of DNA contamination are recommended.

Cough↗