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Sudden infant death syndrome (SIDS): a burgeoning medicolegal problem.

This Article presents a summary analysis of the administrative and statutory bases for the documented, prevalent mismanagement of Suddern Infant Death Syndrome (SIDS) cases by a majority of local death investigation agencies in the United States. Herein, Alan P. Cleveland, J.D. advances the theory that the unsatisfactory handling of cases of SIDS by the medicolegal community is the inevitable outgrowth of state laws that expressly require investigative agencies to approach a sudden, unexplained death from the direction of determining first whether or not a criminal act has occurred. In so doing, most statutorily mandated autopsy procedures are socially counterproductive since, in ignoring an acute medical need for supportive family counselling, they often constitute an insuperable obstacle to the effective management of SIDS as a public health problem. The author recommends that a requisite first step in implementing an SIDS management program at the state level is to insulate surviving family members form criminal investigative procedures by appropriate amendment of state laws governing local death investigation systems.

Autopsy↗

Eyewitness testimony in occupational accident investigations: towards a research agenda.

Accident investigation is frequently cited as the cornerstone of an effective occupational health and safety program. We suggest that the literature on accident investigation is based on a model of witnesses as neutral and accurate recording devices. The literature on eyewitness testimony and criminal investigation offers strikingly different conclusions. We review these findings and point to their implication for research on accident investigation in occupational health and safety contexts.

Accidents, Occupational↗

Identification of a criminal by DNA typing in a rape case in Rio de Janeiro, Brazil.

CONTEXT: Human DNA identification is a powerful tool for paternity cases as well as for criminal investigation, in which biological evidence is typed after collection from crime scenes and for the identification of human remains. OBJECTIVE: Identification of a criminal in a rape case with 4 suspects using STR and VNTR DNA analysis. TYPE OF STUDY: Forensic DNA analysis. SETTING: DNA Diagnostic Laboratory, Universidade Estadual do Rio de Janeiro, Brazil. PARTICIPANTS: Blood from 4 suspects and the victim, and skin from the fetus. PROCEDURES: Polymerase chain reaction (PCR) and restriction fragment length polymorphism (RFLP). RESULTS: Three of the suspects were excluded and one of them was identified as the biological father of the fetus after typing with CTT and FFv Multiplexes. Complementary DNA typing at 3 VNTR loci was also carried out. CONCLUSIONS: After typing four suspects using 6 STR loci, one of them was identified as the biological father of the fetus. In order to significantly enhance the Combined Paternity Index (PI), complementary DNA typing in 3 VNTR loci was carried out. The included suspect was found to be the biological father with a PI of 412,860 (Probability of Paternity: 99.9997%).

Adolescent↗

Implications of fraud and abuse in interventional pain management.

The federal government has enacted a comprehensive strategy to fight healthcare waste, fraud and abuse. As a result of the federal government's comprehensive strategy, in 2002, the Office of Inspector General announced that improper Medicare payments to doctors, hospitals and other healthcare providers declined 54% from the fiscal year 1996 to the fiscal year 2001. The Office of Inspector General in its 2002 work plan focuses on procedure coding for outpatient services billed by hospital and doctor, coding for evaluation and management services in physician offices and conditions under which a doctor's bill is "incident to" services or supplies among other things. The distinction between fraud and abuse can be very important in determining the potential fines and penalties that might apply, even though it is not clear. Fraud is much more serious than abuse. The degree of intent by the individual or entity under investigation is often the determining factor. The most commonly used statutes for prosecuting or facilitating such a prosecution of healthcare fraud or abuse include HIPAA of 1996, the False Claims Act, healthcare fraud, theft or embezzlement, obstruction of criminal investigations of healthcare offenders, the False Statement Statute, mail and wire fraud statutes, the Social Security Act Civil Monetary Penalties, criminal penalties, and/or Stark laws. This review focuses on various aspects of implications of fraud and abuse in interventional pain management practices including various activities of potential fraud and abuse.

Journal Article↗

[An investigation for (clinico-) toxicological screening of detergents].

In recent years, we sporadically had some cases of accidental ingestion of drinks contaminated with detergent. In such cases it is necessary to identify the detergent for medical care or criminal investigation. Therefore, we made an attempt to establish a simple screening method of detergents, including household detergents, dishwashing detergents and shampoos using color reaction, thin-layer chromatography (TLC) and gel-permeation chromatography (GPC). In color reaction and TLC tests, it was possible to identify the individual sample. In the GPC test, several samples showed characteristic chromatograms, and even the same types of detergents did not give the same chromatogram patterns. From the above-mentioned results, it was suggested that this simple and rapid method may practically be useful to predict the contamination of detergent when controls are available, although not suitable for classification of detergent types.

Chromatography, Gel↗

Police officers' perceptions of eyewitness performance in forensic investigations.

Few contemporary data support the assertion that eyewitnesses are important in police investigations. In the present study, 159 UK police officers were surveyed regarding their perceptions of eyewitnesses and eyewitness performance. The respondents indicated that eyewitnesses usually provide the central leads in criminal investigations; however, the police officers also believed that eyewitnesses rarely provide sufficient information, especially descriptive details as opposed to action details. Nevertheless, the officers believed that eyewitnesses are rarely incorrect. A sizable minority reported that witnesses rarely come forward to the police and that those who do are often reluctant to testify in court. Many officers indicated that they do not have enough time to conduct good eyewitness interviews.

Adult↗

Chronic arsenicism: criminal poisoning or drug-intoxication? Report of two cases.

We report two cases with chronic arsenicism. The first one is a young 37-year-old woman who presents leucomelanoderma, plantar keratoderma, polyneuropathy of the legs and transversal striae of the nails. After investigations, criminal intoxication with arsenic caused by her own sister was discovered. The second case is a 42-year-old man who had developed plantar keratoderma, arsenical keratoses and two squamous cell epitheliomas 10 years after a 2-year treatment with Fowler's solution for androgenetic alopecia.

Adult↗

The motivation behind serial sexual homicide: is it sex, power, and control, or anger?

Controversy exists in the literature and society regarding what motivates serial sexual killers to commit their crimes. Hypotheses range from the seeking of sexual gratification to the achievement of power and control to the expression of anger. The authors provide theoretical, empirical, evolutionary, and physiological support for the argument that serial sexual murderers above all commit their crimes in pursuit of sadistic pleasure. The seeking of power and control over victims is believed to serve the two secondary purposes of heightening sexual arousal and ensuring victim presence for the crime. Anger is not considered a key component of these offenders' motivation due to its inhibitory physiological effect on sexual functioning. On the contrary, criminal investigations into serial sexual killings consistently reveal erotically charged crimes, with sexual motivation expressed either overtly or symbolically. Although anger may be correlated with serial sexual homicide offenders, as it is with criminal offenders in general, it is not causative. The authors further believe serial sexual murderers should be considered sex offenders. A significant proportion of them appear to have paraphilic disorders within the spectrum of sexual sadism. "sexual sadism, homicidal type" is proposed as a diagnostic subtype of sexual sadism applicable to many of these offenders, and a suggested modification of DSM criteria is presented.

Anger↗

Hair as a source of forensic evidence in murder investigations.

Obtaining palynological and other botanical evidence from murder victims is becoming part of routine mortuary protocol in the United Kingdom. Forensic pathologists are often keen to cooperate in the collection of classes of material that have, in the past, been considered to be of little importance in criminal investigation. Work over the last eight years has demonstrated the great value in scrutinising cadavers for the presence of plant material and/or soil stains. Macroscopic plant remains and palynomorphs (pollen, spores and other microscopic entities) retrieved from skin and hair have allowed the differentiation of murder scenes from places of eventual deposition. Furthermore, although the opportunity has not yet presented itself, obtaining palynological evidence from the hair of suspects is feasible. During an offence, the offender might have had physical contact with foliage or the ground. Pollen and spore assemblages picked up by hair during that activity might provide forensic evidence for contact. Brief details of some aspects of case histories are presented to demonstrate the value of sampling cadavers. One case has been through the courts while the other is ongoing and, therefore, cannot be identified.

Botany↗

The prevalence and persistence of DNA in vehicles from incidental drivers and other occupants, and their associates, including after reuse by regular drivers.

It is common knowledge that when driving a vehicle, people leave traces of DNA behind. However, in the context of vehicle crimes, it is helpful for the police and investigative personnel to know the vehicle locations in which a perpetrator most likely left DNA during the incident. By specifying the most informative locations to sample for incidental driver DNA, time and resources can be saved in criminal investigations. This study extends previous knowledge by focusing on the prevalence and persistence of incidental driver DNA in vehicles. Furthermore, the current study investigates the prevalence of DNA on vehicle locations from the regular driver and the close associates of the regular driver and incidental driver. The same experiment was conducted by two laboratories, allowing for inter-laboratory comparisons. The results confirm that DNA from the last driver of the vehicle is most likely recovered from high contact areas for operation of the vehicle like the steering wheel and gear shift. Most sampled sites within the vehicle contain DNA from the regular driver of that vehicle. DNA from an incidental driver is most likely to persist, even after resumed use of the vehicle by the regular driver, on locations with a higher retention capacity for biological materials like the car seats and seat belts. Overall, this paper highlights the patterns of DNA transfer, persistence and recovery that occur depending on an individual's relationship to a vehicle. This information can be used by crime scene investigators for targeting the most relevant sampling locations given different scenarios of vehicle use.

Humans↗

Hypericum pollen determines the presence of burglars at the scene of a crime: an example of forensic palynology.

Two male intruders entered a house in which the sole female occupant slept having left the back door unlocked for the return of her live-in boyfriend. She awoke and saw strangers in her bedroom. The intruders ran off, one leaving a jacket behind on the kitchen floor. One of the intruders subsequently returned to recover his jacket, but in his rush to leave the house he brushed against a flowering Hypericum bush growing just outside the back door. A suspect was arrested later that day and charged with indecent assault on a female and burglary, but denied any involvement and refused to name any associate. A day following the offence the suspect's clothes were taken for forensic examination. Pollen analysis of selected parts of his clothing showed that his track pants contained 14% Hypericum pollen, denim jacket 24%, and polo shirt 27.5%. Traces of Hypericum pollen occurred on other items. Most of these pollen grains still had their cell contents preserved and were on the clothing in clumps consistent with having recently been collected by the clothing and not having been aerially dispersed. The pollen from the Hypericum bush was identical in colour, shape, development, and size range to the pollen from the clothing. The clothes had so much Hypericum pollen on them that they had to have been in direct and intimate contact with a flowering bush. Pollen evidence is by its nature circumstantial and often cannot be used on its own to convict, or more strictly to determine the truth. The suspect may have been in contact with Hypericum elsewhere, but detailed investigations indicated that this was unlikely. In 30 years of New Zealand forensic work Hypericum had only ever been found on clothing in trace amounts. This is but one way in which forensic palynology can assist law enforcement agencies to determine the history behind a criminal action, and demonstrates that forensic palynology should be considered as an integral part of any criminal investigation.

Botany↗

A comparison of the eyewitness accounts of deaf and hearing children.

Children with hearing impairments have been found to suffer a high rate of physical and sexual victimization relative to children in general. The purpose of this investigation was to compare the amount and accuracy of the information contained in the eyewitness accounts of deaf and hearing children. Fifteen deaf and 11 hearing children, aged 8 to 10 years, individually witnessed a series of slides depicting a wallet theft. Their recall was then tested by using the Step-Wise Interview (Yuille, Hunter, Joffe, & Zaparniuk, 1993) consisting of a free recall component followed by increasingly directive questions. Separate 2 x 2 (deaf/hearing x question type) between-within factorial ANOVAs were conducted on the amount and accuracy of the information in the accounts (A = .025). Results indicated no main or interaction effects for amount recalled. However, a main effect for question type and an interaction effect were evidenced in the analysis on accuracy. Although the accuracy scores of the two groups did not differ in free recall, the deaf children provided much less accurate responses to directive questions whereas the accuracy of the hearing children declined only slightly. Implications for criminal investigations are discussed.

Child↗

Chemical composition of fingerprints for gender determination.

This work investigates the chemical nature of fingerprints to ascertain whether differences in chemical composition or the existence of chemical markers can be used to determine personal traits, such as age, gender, and personal habits. This type of information could be useful for reducing the pool of potential suspects in criminal investigations when latent fingerprints are unsuitable for comparison by traditional methods. Fingertip residue that has been deposited onto a bead was extracted with a solvent such as chloroform. Samples were analyzed by gas chromatography/mass spectrometry (GC/MS). The chemical components identified include fatty acids, long chain fatty acid esters, cholesterol and squalene. The area ratios of ten selected components relative to squalene were calculated for a small preliminary experiment that showed a slight gender difference for three of these components. However, when the experiment was repeated with a larger, statistically designed experiment no significant differences between genders were detected for any of the component ratios. The multivariate Hotelling's T2 test that tested all ten-component ratios simultaneously also showed no gender differences at the 5% significance level.

Age Factors↗

Polygraph. Council on Scientific Affairs.

The American Medical Association (AMA) Council on Scientific Affairs has reviewed the data on the validity and accuracy of polygraphy testing as it is applied today. The use of the control question technique in criminal cases is time honored and has seen much scientific study. It is established that classification of guilty can be made with 75% to 97% accuracy, but the rate of false-positives is often sufficiently high to preclude use of this test as the sole arbiter of guilt or innocence. This does not preclude using the polygraph test in criminal investigations as evidence or as another source of information to guide the investigation with full appreciation of the limitations in its use. Application of the polygraph in personnel screening, although gaining in popularity, has not been adequately validated. The few limited studies that have been performed suggest no greater accuracy for the types of testing done for this purpose than for the control question polygraph testing used in criminal cases. The effect of polygraph testing to deter theft and fraud associated with employment has never been measured, nor has its impact on employee morale and productivity been determined. Much more serious research needs to be done before the polygraph should be generally accepted for this purpose.

American Medical Association↗

Adhesive tape analysis: establishing the evidential value of specific techniques.

This study investigated the evidential value of specific methods of analysis for packaging tapes and clear adhesive tapes available in Australia. Fifty-eight adhesive tapes were analyzed using a wide range of optical, physical, and chemical techniques. The results were collated for the purpose of creating an Australian database of adhesive tapes, which would be of assistance in criminal investigation. Each technique was evaluated for its discriminating power, both for comparative purposes and for the identification of adhesive tapes by comparing unknown samples with the database. The combined discriminating power of the techniques applied is very high. It is possible to individually identify the source of an unknown adhesive tape sample in many instances by searching the database. It is also possible to form an opinion on the significance of a failure-to-discriminate result in comparative casework. Further work is still needed to expand and update the database, as well as compiling data on the relative market share of various products.

Journal Article↗

Postfeeding radial dispersal in larvae of Chrysomya albiceps (Diptera: Calliphoridae): implications for forensic entomology.

Blowflies utilize discrete and ephemeral breeding sites for larval nutrition. After the exhaustion of food, larvae begin dispersing in search of sites to pupate or additional food sources, a process referred as postfeeding larval dispersal. Some of the most important aspects of this process were investigated in the blowfly Chrysomya albiceps, employing a circular arena to allow radial dispersion of larvae from the center. The results showed a positive correlation between burial depth and distance, and a negative correlation between distance and pupal weight. These results can be used in forensic entomology for the postmortem interval estimation of human corpses in medico-criminal investigations.

Animals↗

[Concealed and simulated trauma fatalities(II)].

A careful investigation of fatal accidents is required due to the relevant financial consequences for the insured as well as for the insurance company. An evaluation of post-mortem cases handled by our institute from 1988 to 1998 showed that 16% of all fatal accidents were not initially classified as such; it was only possible to determine the cause by post-mortem and criminal investigation. The frequency of a relevant alcoholization varied with different types of accidents. Furthermore, of all fatal accidents, 3% were revealed to be deceptive. Those 42 cases in total, presenting themselves as fatal accidents at first glance, were later determined either to be natural deaths (n = 27), homicide (n = 11) or suicide (n = 4). In addition to this, autopsies showed 83 cases of death to be sequelae to accidents. Particularly in cases of a victim plunging out of the window or into water, it can be difficult to make the distinction between natural death--e.g. as a reason for falling--and suicide or homicide. Further difficulties can result from interpretations of the findings in cases of putrefaction, mauling by animals, defects caused by burning or severely deformed corpses. In these cases, the importance of patho-morphological findings from the autopsy must be emphasized. Indirect sequelae of accidents may be pulmonary embolism or pneumonia. The cause of death has to be classified as accidental if the chain of events is of traumatic origin. Mistakes can be avoided if the medical history is taken conscientiously. If no facts are available, the cause of death should be certificated as undetermined. Our evaluation only included autopsy cases from our institute. The concealed fatal accidents which were incorrectly certified as natural deaths or the cases dismissed by the police and the public prosecutor without performing an autopsy were not evaluated.

Accidents, Occupational↗