FORENSIC SCIENCE
IN FOCUS
The Global Practice of
FORENSIC
SCIENCE
Edited by
Douglas H. Ubelaker
The Global Practice of Forensic Science
The Global Practice
of Forensic Science
EDITED BY
Douglas H. Ubelaker
Former President, American Academy of Forensic Sciences
Senior Scientist, Smithsonian Institution
Department of Anthropology, National Museum of Natural History
Smithsonian Institution, Washington, D.C.
FOREWORD BY DANIEL A. MARTELL
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Library of Congress Cataloging-in-Publication Data
The global practice of forensic science / Douglas H. Ubelaker, editor.
pages cm. – (Forensic science in focus)
Includes index.
ISBN 978-1-118-72416-3 (hardback)
1. Forensic sciences. I. Ubelaker, Douglas H.
HV8073.G568 2015
363.25–dc23
2014035953
A catalogue record for this book is available from the British Library.
ISBN: 9781118724163
Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not
be available in electronic books.
Set in 8.5/12pt Meridien by Aptara Inc., New Delhi, India
1
2015
Disclaimer: The opinions expressed in this volume are those of the identified authors and do not necessarily
reflect the policy or position of the American Academy of Forensic Sciences.
Contents
About the editor, vii
List of contributors, ix
Foreword by Daniel A. Martell, xxvii
14 The practice of forensic science in Hungary, 135
Eva Keller, Peter Sótonyi & Agnes Dósa
15 Forensic science in India, 147
P.K. Chattopadhyay
Series preface, xxix
16 Forensic sciences in Italy, 155
1 Introduction, 1
Douglas H. Ubelaker
2 The practice of forensic sciences in
Argentina, 5
Luis Fondebrider & Luis Bosio
3 Australia, 13
Stephen Cordner & Alastair Ross
4 Forensic sciences in Canada, 29
Anny Sauvageau & Graham R. Jones
5 The Chilean Forensic Medical Service, 39
Patricio Bustos Streeter & Marisol Intriago Leiva
6 Forensic science in Colombia, 49
Andrés Rodrı́guez Zorro &
Aı́da Elena Constantı́n
7 Forensic science in Denmark, 67
Niels Lynnerup & Steen Holger Hansen
8 The practice of forensic science in Egypt:
a story of pioneering, 73
Dina A. Shokry
9 The practice of forensic science
in Estonia, 83
Marika Väli, Üllar Lanno & Ivar Prits
10 History and current status of forensic
science and medicine in Finland, 95
Erkki Sippola & Pekka Saukko
11 Forensic medicine in France, 105
Bertrand Ludes
12 Forensic medicine in Germany, 115
W. Eisenmenger & O. Peschel
13 Forensic science in Hong Kong, 121
Cristina Cattaneo, Antonio Grande &
Luigi Ripani
17 History and current status of forensic
science in Japan, 173
Hitoshi Maeda, Takaki Ishikawa &
Toshikazu Kondo
18 Forensic science in Korea, 189
Heesun Chung, Soong Deok Lee & Sikeun Lim
19 Forensic medicine in Libya, 195
Fawzi Benomran
20 The practice of forensic science
in Mexico, 199
Mario Alva-Rodrı́guez & Rolando Neri-Vela
21 The Netherlands, 217
Arian van Asten, Wim Neuteboom,
Sijtze Wiersma & Zeno Geradts
22 History and current status of forensic
science in Singapore, 231
George Paul & Paul Chui
23 The history and current status of forensic
science in South Africa, 241
Herman Bernitz, Michael Kenyhercz,
Burgert Kloppers, Ericka Nöelle L’Abbé,
Gérard Nicholas Labuschagne, Antonel Olckers,
Jolandie Myburgh, Gert Saayman,
Maryna Steyn & Kyra Stull
24 Forensic science practice in Spain, 261
Angel Carracedo & Luis Concheiro
25 Legal medicine and forensic science
in Switzerland, 267
Patrice Mangin & Pierre Margot
Sheilah Hamilton & Philip Beh
v
vi
Contents
26 Forensic medicine and sciences
in Turkey, 279
Mete Korkut Gulmen & Cengiz Haluk İnce
27 Forensic medicine in the United Arab
Emirates, 289
Fawzi Benomran
28 Forensic science practice in the United
States, 301
Joseph Peterson & Matthew Hickman
29 Legal medicine and forensic science in
Uruguay, 335
Hugo Rodrı́guez Almada
30 Conclusions: global common themes and
variations, 351
Douglas H. Ubelaker
Index, 361
About the editor
Douglas H. Ubelaker, PhD, is a curator and senior scientist at the Smithsonian Institution’s National Museum
of Natural History in Washington, DC, where he has
been employed for nearly four decades. Since 1978, he
has served as a consultant in forensic anthropology. In
this capacity he has served as an expert witness, reporting on more than 900 cases, and has testified in numerous legal proceedings.
He is a Professorial Lecturer with the Departments of
Anatomy and Anthropology at The George Washington
University, Washington, DC, and is an Adjunct Professor
with the Department of Anthropology, Michigan State
University, East Lansing, Michigan.
Dr. Ubelaker has published extensively in the general field of human skeletal biology with an emphasis
on forensic applications. He has served on the editorial boards of numerous leading scientific publications,
including the Journal of Forensic Sciences, The Open Forensic Science Journal, International Journal of Legal Medicine,
Human Evolution, Homo, Journal of Comparative Human
Biology, Anthropologie, International Journal of the Science
of Man, Forensic Science Communications, Human Evolution,
International Journal of Anthropology and Global Bioethics.
Dr. Ubelaker received a Bachelor of Arts Degree and
a Doctor of Philosophy from the University of Kansas.
He has been a Member of the American Academy of
Forensic Sciences since 1974 and achieved the status
of Fellow in 1987 in the Physical Anthropology Section. He served as the 2011–2012 President of the AAFS.
He is a Fellow of the Washington Academy of Sciences
and is a Diplomate of the American Board of Forensic
Anthropology. He is a member of the American Association of Physical Anthropology and the Paleopathology
Association.
Dr. Ubelaker has received numerous honors including the Memorial Medal of Dr. Aleš Hrdlička, Humpolec,
Czech Republic; the Anthropology Award of the Washington Academy of Sciences; the T. Dale Stewart Award
by the Physical Anthropology Section of the American
Academy of Forensic Sciences; the FBI Director’s Award
for Exceptional Public Service; the Federal Highway
Administration Pennsylvania Division Historic Preservation Excellence Award; a special recognition award
from the FBI; and was elected Miembro Honorario of
the Sociedad de Odontoestomatólogos Forenses Ibero
Americanos.
vii
List of contributors
Hugo Rodrı́guez Almada MD is the Director of the
Legal Medicine Department (School of Medicine in the
University of the Republic, in Montevideo city,
Uruguay). He has worked since 1993 in Legal Medicine
as a forensic doctor, professor and researcher. He is
currently employed by the public University of Uruguay
and is head of the Department of Legal Medicine, where
Uruguayan experts in forensic medicine are educated
and trained. Dr Rodrı́guez Almada has also been a
visiting professor of other Latin American universities
and has been Adjunct Director of the virtual Master in
Forensic Medicine of the University of Valencia, Spain,
since 2002. He has published several scientific papers
and books on various topics of forensic sciences, especially in the field he calls “Legal Medicine of women and
children”. Much of his research is focused on sudden
unexpected infant death. He has also served broadly
as an editor or scientific adviser of several local and
international journals and has been a member of their
editorial boards or a peer reviewer. He is currently
the editor in chief of the Uruguayan Medical Journal
(RMU), the most widely spread biomedical journal in
his country. Although he is not presently employed
in the judicial system he is continually participating
actively in several complex forensic investigations when
requested by prosecutors or judges. Many of these cases
are related to violations of human rights in the recent
past committed during the civic–military dictatorship
(1973–1985), some serial murders and several cases of
medical malpractice. He is an honorary adviser of the
National Institution of Human Rights and Uruguayan
Ombudsman. He has been a representative of Uruguay
in the Iberoamerican Network of Legal Medicine and
Forensic Science Institutions since its beginnings in
2007. He has held several positions in national and
international medical institutions. In 2000 he founded
the Iberoamerican Society of Medical Law (SIDEME).
In 2003, he was elected President of the Latin American
and Caribbean Medical Confederation (CONFEMEL).
More recently, he was elected by his colleagues as
a member of the first Ethics Tribunal of the Medical
Association of Uruguay (CMU), created by law in 2009.
Mario Alva-Rodrı́guez obtained his MD from the Military Medical School of Mexico and was a Postgraduate in Human Morphology at the Anatomical Institute
in Münster, Westphalia, Germany. He has been Chief
of the Department of Anatomy at the Military Medical School, Chief of the Department of Anatomy at the
School of Medicine of the Anahuac University, General Subdirector of the Medical Services of Mexico City,
Director of the El Rosario General Hospital in Mexico
City, Subdirector of the Medical Military School, Chief
of the Criminalistics Laboratory of the Attorney General
Office in Mexico City, Subdirector of the Postgraduate
Military Medical School, Founder and Chief of the Mastership in Forensic Medicine at the Postgraduate Military Medical School, Director of the School of Medicine
at the Anahuac University, Chief of Forensic Medicine
at the Attorney General Office of the Mexican Republic, General Director of the Medical Examiner Office
of Mexico City, Founder and Chief of the Specialty in
Forensic Medicine at the Medical Examiner Office of
Mexico City, General Director of the Forensic Sciences
Department at the Attorney General Office of the Mexican Republic, Director of Behavior Promotion at the
National Institute of Drugs Enforcement, Coordinator
of Criminalistics and Forensic Medicine at the National
Institute of Penal Sciences, Director of the Educational
Department at the National Institute of Penal Sciences, Coordinator of the Academic Committee of Legal
Medicine at the Postgraduate Division of the Medicine
Faculty of the National Autonomous University of Mexico and a Fellow of the Mexican Society of Criminology, Mexican Academy of Penal Sciences, Mexican
Academy of Surgery, Mexican Academy of Bioethics,
Mexican Council of Legal and Forensic Medicine, and
the American Academy of Forensic Sciences.He participated in many Courses, Congresses and Symposia as organizer, teacher, lecturer or adviser for undergraduate
ix
x
List of contributors
and postgraduate personnel of medicine, law, criminalistics and police. He had a number of articles and
books published: Basic Forensic Medicine, Atlas of Forensic
Medicine and Compendium of Forensic Medicine.
Philip Beh MD graduated from the Faculty of Medicine
at the University of Hong Kong in 1981. He has worked
in the area of forensic medicine ever since. He is currently a Clinical Associate Professor at the Department
of Pathology, the University of Hong Kong. He works
with many professional bodies including the ICRC and
UNODC. He is an Honorary Advisor to Rain-Lily, Hong
Kong’s first multidisciplinary rape crisis center. He is also
a member of the Editorial Board on several international
forensic medical journals. He was Vice-President of the
International Association of Forensic Sciences (2002–
2005) and President of World Police Medical Officers
(2005–2008).
Fawzi Benomran MB ChB, DCH, MSc, MD is the director of Forensic Medicine and Senior Forensic Consultant at the Department of Forensic Medicine in Dubai
Police General Headquarters in Dubai, UAE, where he
has been employed for the past 16 years. His experience in Forensic Medicine and Forensic Pathology goes
back to 1980 when he started his training in the Department of Forensic Medicine in Glasgow University. After
he had finished his training in Glasgow, he returned to
his home country, Libya, where he worked in Benghazi from 1983 to 1997. In August 1997 he joined the
Dubai Police and started to develop the department in
a progressive manner. He also has extensive teaching
experience though teaching medical students as well as
lawyers and policemen from 1983 till now. During his
time in Libya, and in addition to his job with the Justice
Department, he held the post of Head of the Department
of Forensic Medicine and Toxicology and an Associate
Professor of Forensic Medicine. In Dubai, he teaches
at the Dubai Medical College where he is currently a
full Professor of Forensic Medicine and also teaches at
the Dubai Police Academy. He is an adjunct Professor
with the Faculty of Medicine and the Faculty of Dentistry in Sharja and Ajman Universities, and a Visiting
Professor and external examiner in several medical
schools in Libya. Dr Benomran has written four books
in the Arabic language, one about forensic medicine,
two about medical ethics and responsibility and the
fourth was a general knowledge book, a translation of
its title from Arabic being Book of the Dead. He has had
22 scientific articles published in peer reviewed journals
in forensic medicine and science. He has also written
extensively for Arabic journals on general knowledge
and literature, which, put together, exceed 300 articles.
In addition, his work has been published extensively on
many Arabic websites. Dr Benomran received his Bachelors degree in Medicine (MB ChB) from the University of
Benghazi, his DCH degree from the University College of
Dublin (Ireland), his MSc (Forensic Medicine) from the
University of Glasgow and his doctorate degree (MD) in
Forensic Medicine from the University of Colombo. He
is also a member of several local and international professional societies and organizations.
Herman Bernitz is a private dental practitioner and
Senior Stomatologist in the Department of Oral Pathology and Oral Biology in the School of Dentistry,
University of Pretoria, South Africa. Professor Bernitz
completed his BChD in 1978, his MSc (Odont) cum laude
in Oral Pathology in 1996, a Dip Odont cum laude in
Forensic Odontology in 1998 and a PhD in Forensic
Dentistry in 2004. He lectures in both Oral Pathology
and Forensic Dentistry and is the manager of Forensic
Dental Research. He was the International President of
IOFOS (International Organisation for Forensic OdontoStomatology) from 2005 to 2011. He is presently the
Vice-President of IOFOS. He is a member of the scientific committee of the International Academy of Legal
Medicine. He was the Chairman of the “bite mark”
working group in Lillihamer, Norway, where international standards were set for bite mark analysis. Since
1998 he has acted as forensic consultant during which
time he has been involved in all aspects of Forensic
Dentistry, which have included the Air Kenya disaster
in Douala, Cameroon, Sundance mining air disaster in
Brazzaville, Congo, and the ammunition explosion in
Maputo, Mozambique. He has acted as an expert witness
in both the Pretoria and Johannesburg Supreme Courts
as well as circuit courts around South Africa in bite mark,
identification and age estimation cases. He has lectured
extensively on four continents on forensic odontology
related subjects. He is a member of the Editorial Board
of the Journal of Forensic Odonto-Stomatology and online
Forensic Journal.
Luis Bosio MD of the Forensic Medical Corps, Buenos
Aires, Argentina, is a forensic doctor, who spent 20 years
List of contributors
as a forensic doctor at the Cuerpo Medico Forense (CMF)
de la Corte Suprema de Justicia de la Nación, Argentina.
He was head of the CMF (2008–2010) and is now retired
and is an independent consultant. He teaches at the Faculty of Medicine of the University of Buenos Aires.
Angel Carracedo is a Professor at the University of
Santiago de Compostela, Spain, Director of the Institute of Forensic Science (USC), Director of the Galician Foundation of Genomic Medicine (SERGAS,
Galician Service of Health), Director of the Spanish
National Genotyping Center and a Member of the
Centre for Biomedical Network Research on Rare
Diseases (CIBERER). In a first step of his career his
activity was mainly devoted to population and forensic genetics. His group leads scientific production in
the SCI area of legal and forensic science worldwide
(http://sciencewatch.com/ana/fea/11julaugFea).
He
was a Director of the Institute of Legal Medicine (USC)
from 1995 and from 2002 has also been working in
the clinical genetics area, where he has set up the
Galician Foundation of Genomic Medicine. Most of his
recent research is now mainly concentrated in forensic
genetics and genetics of complex traits (particularly
sudden cardiac death, cancer, psychiatric diseases and
pharmacogenomics). He has had 12 books and over 480
papers published in SCI journals, including papers in
Nature, Nature Genetics, Science, PNAS, American Journal of
Human Genetics, Gene, European Journal of Human Genetics
and especially in Forensic Science journals. He is a
highly cited researcher in Molecular Biology and Clinical Medicine and a Board member and external adviser
of different national and international institutions,
foundations and societies on Forensic Science (IALM,
ISFG, MAFS), Genetics and Pharmacogenomics. He is a
Director of 70 PhDs, all with the highest qualifications
and 18 with University or National Awards. He is also
a representative of Spain in the European Medicine
Agency (Pharmacogenetics Working Group) and different regulatory boards (i.e. IRDiRC, ICRC, CNUFADN),
the Editor of Forensic Science International Genetics and
a member of the editorial board of a number of the
international and national journals on genetics, cancer
and forensic science. Prizes and distinctions include the
Jaime I Award, Adelaide Medal, Galien Medal, Medal
Castelao, Medal of Galicia, Medal to the Police Merit,
Galician Prize of Research, Fernandez Latorre Award,
Prismas Award and various prizes from foundations
xi
and scientific societies. He is a Doctor Honoris Causa for
different universities in Europe and the Americas.
Cristina Cattaneo, a forensic pathologist and anthropologist, received a BSc in Biomedical Sciences at McGill
University, Canada, an MA in Osteology, Funerary
Archaeology and Palaeopathology and a PhD in Pure
Sciences at the University of Sheffield, UK, and then
moved to Italy where she graduated in Medicine and
went on to specialize in Legal Medicine. She is currently Associate Professor of Legal Medicine at the
Faculty of Medicine of the Università degli Studi di
Milano (Italy), founder and director of LABANOF, Laboratorio di Antropologia e Odontologia Forense at the
Institute of Legal Medicine of the Dipartimento di
Scienze Biomediche per la Salute and teaches Anthropology at the Faculty of Sciences and Arts at the same
University. She is author and co-author of books and
scientific articles concerning anthropology and forensic
pathology in general, identification, trauma and clinical
forensic medicine, as well as a legal expert in forensic
pathology, anthropology and clinical forensic medicine
for various courts in Italy and occasionally in Europe.
She is co-founder and vice-president of FASE (Forensic Anthropology Society of Europe), a subsection of
IALM (International Academy of Legal Medicine) and
a member of the Swiss DVI (Disaster Victim Identification) team. She is associate editor for the journal Forensic Science International. Since 2007 she has been actively
involved with the Italian Ministry of Internal Affairs
in the creation of a national database for unidentified
human remains and has recently been involved in the
development of a forensic humanitarian service for asylum seekers in the city of Milano.
P.K. Chattopadhyay, formerly Professor and Founder
Head of the Department of Forensic Science, Punjabi
University, Patiala, did his MSc and PhD in Anthropology at the University of Delhi. He started his
teaching career as Lecturer in Forensic Science, Delhi
University in 1968 before moving to Patiala to set up the
first fully fledged Department of Forensic Science in the
world. Professor Chattopadhyay has delivered Key Note
and Plenary Addresses and Chaired Sessions at several
International Congresses in India and abroad, including the International Meeting of Forensic Sciences (he
Chaired the Session on Forensic Anthropology at Zurich,
Switzerland, in 1975, the only Indian to have been so
xii
List of contributors
honoured; he also Chaired the Session on Forensic Education at the International Meeting of Forensic Sciences
at Hong Kong in 2005), the World Congress on Medical
Law at Gent, Belgium, in 1991, the International Symposium on Advances in Legal Medicine, Osaka, Japan,
in 1995, and the International Congress of Anthropological and Ethnological Sciences in 1978 at Delhi. He
has had more than 100 original research papers on various aspects of forensic sciences published, including ones
on the determination of sex, blood groups and enzyme
types from hair, bones, teeth, muscles, stains of blood,
semen, saliva, urine, genetics of the dermal ridges and
hair keratin, drugs from hair, insecticides in mothers’
milk, salivary agglutinins, determination of hand and
finger from a single fingerprint, effect of alcohol on hand
rriting, determination of sex from hand writing, pattern
of suicides, autosomal and Y-STR types from blood stains
(DNA profiling), membrane associated transfer protein
(MATP), gene and the founder’s effect, etc. Several students have worked with him for their PhD Degree (18)
and MD in Forensic Medicine (2). Two students are
working with him for their PhD now. A Visiting Fellow
of the Indian Council for Medical Research in 1973, Dr
Chattopadhyay has received extensive training on various aspects of Forensic Sciences at the Central Forensic Institute, Calcutta, and in Forensic Medicine at the
Calcutta Medical College. He has been a Visiting Professor with the Department of Anthropology, Manipur
University, Imphal, Manipur, in 1987, Institüt für
Rechtsmedizin, Christian Abrechts University, Kiel, Germany, in 1994, the Departments of Forensic Medicine,
Nagasaki and Akita University Medical Schools in 1993,
1995, 2002 and 2008 and the University of Kebangsaan,
Malaysia, in 2009, and a Visiting Scientist to the United
Kingdom, the United States, Germany, France, Belgium,
Australia, Singapore, the Czech Republic, Switzerland,
Yugoslavia, Nepal, Thailand, Bangladesh, Hong Kong,
Indonesia, Egypt, Sri Lanka and several other countries of the developed world in 1972,1973,1975, 1982,
1984, 1986, 1988, 1990, 1991, 1992, 1993, 1994, 1995,
1996, 1998, 1999, 2001, 2002, 2004, 2005, 2007, 2008,
2009, 2010, 2011, 2012 and 2013 and lectured extensively on various aspects of Forensic Science, Forensic Medicine, Genetics and Anthropology. A member
of several national and international societies (he has
been a Vice-President of the Indo-Pacific Association of
Law, Medicine and Science) and the Editorial Board of
a number of journals, including the Legal Medicine, an
Elsevier publication. A Fellow of the Indian Academy of
Forensic Sciences, Indian Academy of Forensic Medicine
and the Indian Association of Medico-Legal Experts, Dr
Chattopadhyay has won several Prizes and honours such
as the Dr S.S.Sarkar Oration Award in Anthropology in
2000, Best Researcher Award of the Indian Academy
of Forensic Medicine in 1997, Best Teacher and Forensic Scientist of the Decade of the Medico-legal Society of India in 1998, Forensic Scientist of the Millenium Award of the Medico-Legal Society of India in
2002 and a Special Award from the Indo-Pacific Association of Law, Medicine and Science at Manila, Philippines, in 2004 for his contributions to knowledge and
development of Forensic Science in the region. Professor
Chattopadhyay has been the Congress Chairman of
the 10th Indo-Pacific Congress on Legal Medicine and
Forensic Science, 2010, and President of the IndoPacific association of Law, Medicine and Science for
the years 2010–2013. Professor Chattopadhyay has just
been invited by the Kwame Nkrumah University of Science and Technology, Ghana, to join the Department of
Biochemistry and Biotechnology as a Visiting Professor
of Forensic Science for the year 2014–2015 and joined
the Amity in April 2004 as Director (2004–2013) and
Advisor (February 2013–January 2014) of the Amity
Institute of Forensic Science, NOIDA–201303, UP,
India.
Paul Chui is a qualified practicing Senior Consultant
forensic pathologist, accredited as a specialist in pathology by the Specialist Accreditation Board of the Ministry of Health, Singapore. He is also a gazetted forensic
pathologist under the Coroner’s Act 2010.
After graduating with an MBBS in 1983 from the
National University of Singapore, he subsequently
trained in forensic pathology from 1986 and spent 2
years in the United Kingdom from 1989 to 1991, where
he attained both the Diploma in Medical Jurisprudence
(DMJ) and Membership of the Royal College of Pathologists (Forensic) in 1991 and Masters in Business Administration (NUS) in the mid-1990s. In 1996, under an
HMDP Fellowship, Dr Chui spent 3 months at the Coroner’s/Medical Examiner’s offices in Pittsburgh, Chicago
and Los Angeles.
Over the years, Dr Chui has been involved in numerous Coroner cases and homicides, including a number
of notable court cases, such as Public Prosecutor vs Chee
Cheong Hin Constance (Sindee Neo case) and Public Prosecutor
List of contributors
vs. Tok Leng How (Huang Na Case). He has also provided
consultancy and technical assistance to overseas clients
regionally. He testified on the forensic autopsy evidence
before the Saket Court (Delhi, India) in the high profile
gang-rape murder trial in February 2013, and was
closely involved in the Coroner’s Inquiry into the high
profile case of Shane Todd Truman in May 2013.
Dr Chui took on the Directorship of the Centre of
Forensic Medicine (CFM, later renamed the Forensic
Medicine Division in 2008) when the Health Sciences
Authority (HSA) was formed in 2001. Computerized
tomography (CT) scanning capability was added in 2010
to support the work of FMD, and a forensic anthropology laboratory was established in 2011. In April
2013, Dr Chui was appointed Chief, Forensic Medicine.
The Division successfully attained accreditation from the
National Association of Medical Examiners (NAME) in
2005 and has been successfully reaccredited by NAME
in 2011 for another five years.
In 2003, during the SARS outbreak, Dr Chui was personally involved in autopsy examination of deaths suspected as being due to SARS. He was involved in developing the world’s first mobile containerized biosafety
level 4 autopsy facility, which was commissioned in
2005 and is still operational. The experience from SARS
had also led to a major revamp of biosafety procedures
and workplace practices in the mortuary.
Dr Chui is a Fellow of the American Academy of
Forensic Sciences and a full member of the National
Association of Medical Examiners (NAME). He has been
a long-time serving member of the International Ad-hoc
Committee under NAME, and a certified NAME Accreditation Inspector from 2011 to 2016.
Since 2001, Dr Chui had also served in various concurrent corporate capacities such as Director (Corporate Management), Director (Office for Innovation and
Enterprise), Chief Information Officer (CIO), etc., within
the HSA. He had also been directly involved in leading
the implementation of key IT operational Systems (LISA
and FIONA) supporting the work in the Applied Sciences
Group. Both LISA and FIONA won regional awards in
IT excellence. Dr Chui served as the Group Director of
the Applied Sciences Group (ASG) of HSA from July
2006 to January 2011. In 2011, Dr Chui received the
Becton–Dickinson Award in Pathology, awarded by the
Singapore Society of Pathology. He is one of the founding members in the forerunner group that spearheaded
the formation of the Asian Forensic Sciences Network
xiii
(AFSN), a regional professional association of forensic
institutes in Asia, and was its President from October
2008 to May 2011. Presently, Dr Chui is also serving
as the current Chairman of the DSO–SAF Institution
Review Board, as well as a member of the Singapore
Armed Forces Medical Advisory Board.
Heesun Chung PhD is a Dean and Professor of the
Graduate School of Analytical Science and Technology, Chungnam National University, South Korea.
She obtained her PhD in Pharmacy from Sookmyung
Women’s University, South Korea, in 1987 and subsequently was awarded a Foreign Commonwealth Office
Scholarship to do further postdoctoral study at King’s
College, London. She was the Director General of the
National Forensic Service (formally the National Institute of Scientific Investigation), South Korea from 2008
to 2012. She had also held many top forensic related
posts in South Korea such as Head of Department of
Forensic Science, Director of Narcotics Analysis Division,
Director of Drug and Toxicology at the National Institute
of Scientific Investigation and many more. She lectures
at Sookmyung Women’s University, Korean National
Police University, Korean Police Investigation Academy,
Central Officials Training Institute and Dongguk
University. She is the current president of the International Association of Forensic Sciences (IAFS) and is also
the President-elect for the International Association of
Forensic Toxicologists (TIAFT). These are just two of her
many involvements with forensic professional bodies.
She is also on the Editorial Board of Forensic Toxicologists
and Forensic Science International. Dr Chung is a licensed
Pharmacist and Toxicologist and has presented findings
at numerous international meetings and symposia. Her
research has resulted in the publication of over 100
scientific articles. For the last five years, 40 articles have
been published in international and national journals.
She is the holder of several patents and the writer of
books. Her research interests are the analysis of abused
drugs in biological fluids and other alternative specimens
including hair and impurity profiling of illicit methamphetamine. Dr Chung has been awarded many medals
and awards, including a medal for distinguished service
by the Korean Government, a medal for excellence in
Forensic Science from the Mongolian Government and
an award as a reviewer in Pharmacy and Medicine by
the Medical News Agency. She received the most outstanding Woman Scientist award from the Ministry of
xiv
List of contributors
Science and Technology and the Bichumi Award from
the Samsung Life Insurance Company. She has also
received awards from the Ministry of Home Affairs, the
Ministry of Health, Seoul Pharmaceutical Association,
Korean Pharmaceutical Association and Seoul Daily
Newspaper.
Luis Concheiro was Emeritus Professor at the
University of Santiago de Compostela, Spain, ExDirector of the Institute of Forensic Science (USC),
Professor of Legal Medicine of the University of Santiago de Compostela from 1975. He was Director of
the Institute of Legal Medicine from 1990 to 1998
and has had different academic positions including
Vice-Rector of the University of Santiago de Compostela
(1994–1998) and had Pregraduate formation under the
direction of Professor Arsenio Nunes (Institute of Legal
Medicine Lisbon, Portugal) in 1967–1968. He has had
6 books and over 150 papers in journals published, all
of them related to forensic science. With reference to
the subject of this book, his Medicina Legal en la Historia
(Academia de Medicina, 2006), De las Relaciones de la
Medicina y el Derecho (Universidad de Santiago de Compostela, 2010) and Los Pecados Capitales de la Medicina
Legal Rspañola, Revista Ciencia Forense (2011) should be
highlighted, and he was one of the authors of Libro
Blanco de La Medicina Legal (Ministerio de Justicia, 1985).
He is regularly invited as a keynote speaker at meetings,
workshops and symposia in virtually all continents and
prizes and distinctions include Gold Medal USC, Medal
of Gold and Brilliants Real Medical Order, Medal to the
Guardia Civil Merit, Medal San Raimundo de Peñafor
Doctor Honoris Causa by the University of Coimbra
(Portugal) and Universidad Nacional San Luis Gonzaga
de ICA (Perú).
Aı́da Elena Constantı́n MD is a Physician of Universidad Nacional de Colombia, lawyer of Universidad Santo
Tomas de Aquino, Specialist in Health Audit Universidad del Rosario, and Penal and Criminological Sciences
in Universidad Externado de Colombia. She has worked
for 24 years at the National Institute of Legal Medicine
and Forensic Sciences of Colombia. She has served as
an expert in Clinical Forensic Medicine and chief of
the following areas: Medical Division, Division Clinical
and Forensic Psychiatry, Division of Forensic Services,
Forensic Science Research Division and National Reference of Violence Center, and is currently the Director of
Scientific Research. In performing her duties she has led
and/or participated in the development of several guidelines and regulations in clinical forensic medicine and
as a lecturer for many programs of medicine, law and
odontology.
Stephen Cordner is Professor of Forensic Medicine
at Monash University (Foundation Chair), Head of
the International Program at the Victorian Institute of
Forensic Medicine (VIFM), Forensic Advisor on the
International Committee of the Red Cross and Patron
of the African Society of Forensic Medicine. He has a
particular interest in mass casualty management, disaster victim identification and international forensic medical capacity development. Professor Cordner has worked
for the International Committee of the Red Cross and
has undertaken forensic medical investigative work in
Kosovo, East Timor, Fiji and Bali as well as his case work
in Australia. He is particularly committed to teaching
and has undertaken or organized training in Indonesia,
Sri Lanka, the Middle East, Botswana and Uganda. Most
recently Professor Cordner was deployed by the WHO
to the Philippines for a month in late 2013 to provide
advice on mass casualty management following the devastation wreaked by Typhoon Haiyan and by the ICRC
to Liberia to provide advice on body management for the
Ebola epidemic.
Agnes Dósa MD, JD, PhD is Assistant Professor and
Vice-Director of the Institute of Forensic and Insurance
Medicine, Semmelweis University, Budapest. She
graduated from Semmelweis University in 1989 (MD)
and from Eötvös Lóránd University in 1993 (JD).
She earned her PhD degree in 2004; the title of her
thesis was: Medical malpractice – analysis of Hungarian
case law from a comparative perspective. She teaches
forensic medicine and medical law. Being a proponent
of integration of medical law and forensic medicine, she
has introduced a new curriculum of medical law for
medical students. She has served as secretary and member of the Board of Forensic Medicine Experts of the
Health Scientific Council since 2006. She is a member
of the Human Reproduction Committee of the Health
Scientific Council and has served as a member and secretary of various research ethics committees. Dr Dósa’s
work has been published extensively in the field of medical law with an emphasis on medical malpractice and
is the author of three books and more than 100 articles.
List of contributors
W. Eisenmenger is employed by the Institute of Forensic Medicine, Ludwig Maximilians University, Munich,
Germany. He was head of the Munich Institute of Forensic Medicine from 1989 to 2009.
Luis Fondebrider (Lic) is a forensic anthropologist
who graduated from the University of Buenos Aires.
He is the current President of the Argentine Forensic
Anthropology Team (EAAF), a scientific nonprofit organization that for the last 30 years has been using forensic
anthropology as well as other disciplines to investigate
cases of political, ethnic and religious violence around
the world. As a member of EAAF, Mr Fondebrider has
worked in 40 countries in Latin America, Africa, Europe,
Asia and the Pacific region, exhuming and analyzing
human remains. He worked as an expert witness and
consultant for the International Tribunal for the former Yugoslavia, Truth Commissions of several countries,
United Nations commissions of inquiry, Inter American
Court of Human Rights, Prosecutors offices, medicolegal institutes and organizations composed of relatives of
the victims. Mr Fondebrider teaches at the Faculty of
Medicine of the University of Buenos Aires and is a Doctor Honoris Causa for the University of Buenos Aires.
Zeno Geradts has worked since 1991 at the Netherlands Forensic Institute as a forensic scientist. He is an
expert witness in image analysis and biometrics (e.g.
facial comparison) as well as R&D coordinator in digital
evidence. In 2002 he received a PhD from the University
of Utrecht based on research on computational matching
of images from shoeprints, toolmarks, drugs, pills and
cartridge cases. At the American Academy of Forensic
Sciences he has been Chairman of the Engineering Section and since 2008 he has been Chairman of the section
Digital Evidence and Multimedia and from 2010 to 2013
the Director of the section. He is Chairman of the European Network of Forensic Science Institutes Forensic IT
working group. He authored and co-authored in many
publications and presented a wide variety of papers and
workshops, and is active in casework as an expert witness and in projects in digital evidence and multimedia
(such as camera identification, repairing video streams,
image analysis and heart beat detection from CCTV).
Antonio Grande is a Specialist in Legal Medicine and
Forensic pathology, as well as Head of Medicolegal Services and Psychology applied to Criminalistics at the Scientific Police Service, Polizia Scientifica and Anti-Crime
xv
Central Direction – Rome. He is Contract Professor
for the University of L’Aquila, Faculty of Psychology,
in the postgraduate course in Psychology Applied to
Criminal Analysis. He teaches Legal Medicine at the
Faculty of Medicine and Dentistry at the Università la
Sapienza, Rome, and several other postgraduate courses
in forensic sciences at the Universities of La Sapienza,
Rome, Tor Vergata, Rome, Pavia, Università Cattolica
del Sacro Cuore, Rome, LUMSA, Rome, and for the
Superior School of Police. He is author of several articles
and book chapters on forensic medicine and sciences.
Mete Korkut Gulmen was born at Adana–Turkiye
in 1957. He had been an International–Intercultural
Scholar to the United States during High School years
and had graduated from Mission Viejo High School,
California in 1975. He graduated from Medical School
and worked as a general practitioner for two years. He
performed his Anatomo–Pathology licensure education
at Cukurova University and served for the Turkish Military at the Gulhane Military Medical Academy of the
Anatomo–Surgical Pathology department as a consultant pathologist as well as a lecturer. He later started to
work at the Forensic Medicine Department of the School
of Medicine. He gained his doctorate degree on Forensic
Medicine and Forensic Pathology at the Health Sciences
Institute of Cukurova University and worked as a Fellow
in the summer of 1995 at the Department of Forensic
Medicine of Dundee University, Scotland. Dr Gulmen
became a full Professor of the field in 2005. He had been
working as the chief forensic pathologist at Cukurova
University as well as the Morgue Department of the
Adana branch of the Legal Medicine Council and also
worked as a lecturer and researcher at Cukurova University since 1992. He continues to teach Forensic Medicine
and Forensic Pathology to the fifth year Medical School
students. He has been on the Editorial Board of The
Council of Forensic Medicine Journal of Forensic Medicine,
Turkish Clinics (Türkiye Klinikleri) Journal of Forensic
Medicine and Bulletin of Legal Medicine as well as the
Editorial Board of the Journal of Cukurova Medical School
since 1999 and the Post Graduate Medical Journal of the
British Medical Association since 2004. He has worked
as a committee member of the postgraduate education
of the School of Medicine, Cukurova University from
1999 till 2003 and as a board member of the Cukurova
University Health Sciences Institute from 1998 to 2004.
He is a member of the Turkish Medical Association,
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List of contributors
Turkish Forensic Medicine Specialists, Turkish Pathology Federation and Ethic Committee of the Pathology
Federation, Turkish Cancer Research Association and
Cukurova Pathology Association. He is one of the
founders and presidents of the Adana Development
Alliance Foundation and Adana Swimming–Diving
Sports Club, which has built an educational village in
Adana. He is also a member of the Turkish Cultural
Foundation and AFS Volunteers Association and is
one of the Presidents of the Turkish National Forensic
Medicine Specialists Association and also the Chairperson of the Board of the Forensic Medicine Specialists.
He was the 2007–2009 President of Tthe Mediterranean
Academy of Forensic Sciences (MAFS)and organized the
MAFS 2009 Congress at Antalya–Turkiye. He organized
the last, 22nd IALM Meeting in 2012 at Istanbul–
Turkiye and will be organizing the Fifth Congress of
AIDC on “Standardization of Medical Expertise” in
Istanbul on 3rd to 5th of September 2014. Professor Dr
Gulmen has had numerous studies published in various
journals of the world and organized several symposia
and congresses. He has also participated in numerous
conferences, panels, lectures, TV and radio programs as
well as many workshops. He is also a founding member
of several foundations and associations. He is serving
as a volunteer for AFS International/Intercultural
Scholarship programs on behalf of the Turkish Cultural
Foundation as well as the International AFS. He is
a member of the Turkish Medical Association and a
founding member of the Forensic Medicine Specialists
Association and past President of the Forensic Medicine
Specialists Board. He is also a member of the European
Cardiovascular Pathology Association and also the
American Academy of Forensic Sciences. He has carried
out many studies in various fields of Forensic Sciences,
but mostly in Forensic Pathology and Sudden Deaths
and Cardiac Pathologies in particular. He has been
working as a full Professor and the Chairperson of the
Forensic Medicine and Forensic Pathology Department
since 2005 and has held the Forensic Pathology section
Chair for the last 16 years. He has been happily married for 28 years and has a daughter and a son aged
respectively 26 and 22.
Sheilah Hamilton PhD has been a forensic scientist
for more than four decades. In 1965 she received her
BSc (Hons) degree in Chemistry from the University of
Glasgow, her MSocSc in 1994 and her PhD in 1999,
both from the University of Hong Kong. Between 1968
and 1988 she worked as a forensic scientist in the Forensic Science Division of the Hong Kong Government
Laboratory, then at the State Forensic Science Laboratory in Adelaide, South Australia, before establishing
Forensic Focus in 1989, at that time the first independent
forensic science consultancy in Hong Kong. In addition
to having taught forensic science and fire investigation
at universities in Hong Kong and the United Kingdom,
she has written extensively about both subjects.
Steen Holger Hansen is a forensic pathologist at the
Department of Forensic Medicine, Faculty of Health Sciences, University of Copenhagen, where he has worked
since 1998. Steen Holger Hansen is an MD from the
University of Copenhagen. He has been a specialist in
Pathology and Histopathology from 1995 and a specialist in Forensic Medicine from 2008. He is also the
Deputy Chief forensic pathologist at the Department
of Forensic Medicine, which performs forensic autopsies, crime scene investigations and clinical forensic
medicine. The section is accredited by international standards and Steen Holger Hansen is Chief of the quality assurance. Aside from teaching at the University of
Copenhagen, he teaches doctors in training to become
specialists in Forensic Medicine and police investigators.
He has participated as a lecturer at international courses
in forensic medicine. Steen Holger Hansen is an author
and co-author of several journal articles and book chapters, focusing both on forensic pathology and clinical
forensic medicine.
Matthew Hickman PhD is an Associate Professor in
the Department of Criminal Justice at Seattle University. His general research interests include issues in law
enforcement, quantitative methods and the impact of
forensic sciences on the administration of justice. He
received his PhD degree in 2005 from Temple University and was previously a statistician at the Bureau of
Justice Statistics, US Department of Justice. His work has
appeared in a wide variety of journals, including Criminology, Criminology and Public Policy, Journal of Quantitative Criminology and the Journal of Forensic Sciences. He is a
member of the American Academy of Forensic Sciences,
American Society of Criminology and the International
Association of Crime Analysts.
Cengiz Haluk Ínce was born on 12 August 1966 and
is currently living in Istanbul. He is currently a Professor
List of contributors
in the Istanbul University Medical Faculty Forensic
Medicine Department. He is also an Adjuct Professor
with the Law Faculty at Dogus University, Istanbul. He
is married and has two children. Professor Ínce graduated from the Uludag University Faculty of Medicine
in 1990. He completed his residence training in 1995
at the Istanbul University Medical Faculty, Department
of Forensic Medicine. He became an Associate Professor
in 2006 and a full Professor in 2013. He also obtained
his PhD degree in Public Health in 2005 and then his
Master’s degree in Business Administration in 2009. He
served as President of the Turkish Forensic Medicine
and Science Institution between the years 2009 and
2013. Ínce’s research is mainly based on clinical forensic
medicine with medical malpractice and forensic applications. He has served on editorial boards of numerous
leading scientific publications, including the Journal of
Trauma, Turkish Clinics Journal Medical Science, International Nursing Review and Archives of Neuropsychiatry, as
well as the American Board of Independent Medical
Examiners (ABIME). He also served as a Member or
President for several societies such as the National
Society for the Prevention of Occupational Accidents
(President), American Board of Independent Medical
Examiners (ABIME), American Academy of Forensic
Sciences, International Association of Personal Injury
(AIDC) and EurAsia Forensic Medicine and Science.
Takaki Ishikawa MD,PhD is Professor and Chair of
the Division of Legal Medicine, Faculty of Medicine,
at Tottori University, where he has been since 2013.
He received the degree of Doctor of Medicine from
Okayama University in 2003. From 2004 to 2013,
he worked at Osaka City University Medical School,
eventually as a forensic pathologist. He was a guest
researcher at the Institute of Legal Medicine, University Hospital Freiburg, Freiburg, Germany, in 2009. He
works as an expert in forensic pathology and toxicology with primary specialties in clinical forensic pathology. His current researches focus on forensic endocrinology and forensic pathological evaluation of various stress
responses.
Graham R. Jones PhD, DABFT is Chief Toxicologist
for the Alberta Office of the Chief Medical Examiner, in
Edmonton, Alberta, Canada. He originally qualified as
a Pharmacist in the United Kingdom and later earned
his PhD degree in Pharmaceutical Chemistry (Drug
xvii
Metabolism) from the Chelsea College at the University
of London. Dr Jones subsequently moved to Canada to
take up a fellowship at the University of Alberta, later
joining the University of Alberta Hospital as a Clinical
Toxicologist. In 1981 he joined the Alberta Office of the
Chief Medical Examiner as Director of the new forensic
toxicology laboratory. Dr Jones has been very active in
his profession and is a member of several professional
organizations in Canada, the United Kingdom and the
United States. He is a past-President of the American
Academy of Forensic Sciences (AAFS), past-President
of the Society of Forensic Toxicologists, past-President of
the Forensic Specialties Accreditation Board and Chair of
the Laboratory Accreditation Program of the American
Board of Forensic Toxicology. He is also a member of the
editorial boards of the Journal of Analytical Toxicology and
the Journal of Forensic Sciences. Dr Jones is the recipient of
the Alexander O. Gettler Award and the Distinguished
Fellow Award from the AAFS and has been granted the
Doug Lucas Award from the Canadian Society of Forensic Science. Dr Jones has been a leader in the development of professional standards for the forensic toxicology profession for over 25 years. In addition, he has
been a toxicology laboratory inspector with the National
Laboratory Certification Program for workplace drug
testing in the United States, for the Standards Council of
Canada and the American Board of Forensic Toxicology.
Dr Jones has served as a consultant and expert witness in
several toxicology-related murder trials in both Canada
and the United States.
Eva Keller is a full Professor at the Semmelweis
University Department of Forensic and Insurance
Medicine, in Budapest, Hungary, where she has been
employed for 33 years. Dr Keller received her medical degree at the Semmelweis University in 1981 and
has specialized in anatomic pathology and forensic and
insurance medicine. She is a Board Member of the
European Council of Legal Medicine, International
Academy of Legal Medicine. Dr Keller is a lecturer of
international repute and has given several professional
lectures and presentations, some as far afield as America,
Hungary, Germany, Finland and Sweden. She was an
invited lecturer at the Eye to Eye Conference: The Global
Conference on Cultural Relations. Dr Keller gained her
PhD in cardiac pathology and her scientific interest later
turned to drug abuse. Recently she has carried out a joint
research with Professor Yasmin Hurd (USA, Mt Sinai
xviii
List of contributors
Hospital) on molecular and pathologic changes on drug
related death and has published extensively on the field
of drug abuse. Dr Keller is a well-known forensic expert
whose specialty is insurance fraud related cases. She is
President of the Medical and Scientific Board/Forensic
Expert Section (ETT/ISZT), the Hungarian Medical Association, Forensic Medicine Devision and the Hungarian
Forensic Medical Association.
Michael Kenyhercz MS is currently a graduate student
at the University of Alaska, Fairbanks. He completed his
master’s degree in 2010 at Mercyhurst University, focusing on biological and forensic anthropology. He then
worked on two NIJ grants through Mercyhurst University focusing on fatal fire recoveries and mass disaster
recoveries. In 2012 he completed a fellowship through
JPAC-CIL’s Forensic Science Academy. He has published
mainly on the estimation of sex and ancestry, focusing
on modern US populations and modern South African
populations.
Burgert Kloppers MSc is the Technical Manager of
the Ballistics Section of the Forensic Science Laboratory, South African Police Services and holds the rank of
Colonel. He was appointed to the Forensic Science Laboratory in 1986. He is a firearms and toolmark specialist
with a special interest in terminal ballistics.
Toshikazu Kondo MD, PhD graduated and received
the degree of Doctor of Medicine from Kanazawa
University, Medical School. He has been Chairman
and Professor of the Department of Forensic Medicine,
Wakayama Medical University, Japan, since 2003. He
is a specialist in forensic autopsy. In addition, his specialist research activity has been in molecular forensic
pathology.
Ericka Nöelle L’Abbé PhD was appointed in 2012 as
Associate Professor, Department of Anatomy, University
of Pretoria, South Africa. She received her PhD degree
in 2005 from the University of Pretoria. She is a certified
diplomat with the American Board of Forensic Anthropology (D-ABFA) and has published extensively in the
field of forensic anthropology with a special interest in
skeletal biology, bioarchaeology, estimation of ancestry
and trauma analysis.
Gérard Nicholas Labuschagne PhD is a licensed Clinical Psychologist with the Health Professions Council of
South Africa. He was appointed in 2013 as Extraordinary
Professor, Department of Police Practice, University of
South Africa and as an Honorary Associate Professor at
the Division of Forensic Medicine and Pathology at the
University of the Witwatersrand. He is currently Section
Head of the Investigative Psychology Unit of the South
African Police Service (SAPS) with the rank of Brigadier.
He has published extensively on all aspects of forensic
psychology with special interest in multi-murders, serial
rapists, criminal profiling and child sexual offenders.
Üllar Lanno has been Director of the Estonian Forensic Science Institute since 2006 and was the Chairman
of the Baltic Network of Forensic Science Institutions in
2009. He is a Member of the ENFSI Scene of the Crime
Working Group and currently acts as the Chairman of
the European Network of Forensic Science Institutes.
Soong Deok Lee MD, PhD is a Professor at the Seoul
National University College of Medicine in South Korea.
He graduated from the SNU College of Medicine in 1987
and received a PhD degree in 1994. The theme of his
doctoral degree was about DNA fingerprinting, which
was a newly introduced area at that time. He has served
as a Professor in the Department of Forensic Medicine
at the same university since 1995. As a researcher on
forensic genetics, he has done a lot of work on DNA
fingerprinting. As a member of leading persons in the
field of forensic genetics in South Korea, he also contributed greatly for the establishment of the forensic lab
and for launching criminal DB in South Korea. He is
now a Board Member of the Administrative Committee
for Criminal DB in Korea. As a practitioner in forensics
he has worked as a medical examiner and has handled
many socially well known cases. He is now also actively
participating as an expert for the court. As an educator, he has lectured about forensic medicine, forensic genetics and forensics as a whole for medical students, biologists and field members of forensics including
police and prosecutors. He established KAPO (Korean
Association of Paleopathology and Osteoarcheology) in
Korea and had been the first Dean of KAPO. He is now
Vice-Dean of the Korean Society of Law and Medicine
and a member of the National Academy of Medicine
of Korea.
Marisol Intriago-Leiva from Chile has been a Forensic Anthropologist, Head of the Special Unit of Forensic
Identification, under the Legal Medical Service of Chile
List of contributors
since 2011, and has been in charge of coordinating the
forensic analysis field and laboratory aimed at the identification and determination of injury in human rights
cases and criminals in addition to the implementation
of the National System of Forensic Identification Forensic Service. From 2003 to 2010 she served as an expert
in this Service, participating in over 600 investigations
related primarily to human rights cases.
Sikeun Lim PhD is a senior forensic DNA specialist at the National Forensic Service in South Korea
where he has been employed since 1997. He has dealt
with tens of thousands of crime cases including the
Kang Ho-Soon serial killer case. He is an Adjunct Professor with the Graduate School of Forensic Science
at Soon Chun Hyang University and is a specialist of
KOSEN (Korea Science and Engineering Network) in
KISTI (Korea Institute of Science and Technology Information). He was a visiting scientist at the Wellcome
Trust Sanger Institute, Cambridge, United Kingdom, in
2004. Dr Lim has published many articles, columns and
books in the field of forensic DNA analysis and human
genetics. He received a Bachelor of Science Degree
(Biology), Master of Science Degree (Biology) and a
Doctor of Philosophy (Microbiology) from the Korea
University and has received numerous honors including
the Prime Minister’s Award in 2012 and the Ministry
of Safety and Public Administration Award in 2010. In
2006 he received the National Police Agency Award for
participating in the French Frozen Baby case of Seorae
village.
Bertrand Ludes is a French citizen born in 1959 and
is married with two children. He has been Professor of
Legal Medicine at the Medical School of Paris Descartes
since 2013, Director of the Institut Medico-légal of Paris
since 2013, Professor of Legal Medicine at the Medical School of Strasbourg from 1996 to 2013, Director
of the Institut de Médecine Légale of Strasbourg from
1996 to 2013 and Dean of the Medical School of Strasbourg from 2001 to 2011. He gained the title of Medical Doctor obtained in 1985, a PhD in Molecular Pharmacology in 1990 at the University Louis Pasteur in
Strasbourg, Research Habilitation at the same university in 1993, Specialization as a Forensic Pathologist in
1988, Assistant Professor at the Medical School of Strasbourg from 1991 to 1996, Doctor Honoris Causa of the
Medical College of Kunming, PR China in 2003 and
Member of the Deutsche Akademie der Naturforscher
xix
LEOPOLDINA in 2000. He is a Member of Ehrenmitglied der deutsche Gesellschaft für Rechtsmedizin
(23/09/2009), Vice President of the French Society of
Legal Medicine since 2006, Vice President of the International Academy of Legal Medicine since 2006, Member of the International Society for Forensic Genetics,
Member of the German Society for Legal Medicine,
Co-founder of the genetic identification laboratory of
the Institut de Médecine Légale de Strasbourg,Forensic
Expert at the French “Cour de Cassation”, Professorem Honorificum Senatus of the University POPA,
IASI, Romania (27/04/2003) and an Honorary member of the Hungary Society for Legal Medicine. His
main research subjects are human DNA profiling (mitochondrial and chromosomal STRs, SNP technology) and
diatom research and analyses in drowning cases. He
has written numerous book chapters and articles for
international and national publications, given many oral
scientific presentations and produced posters.
Niels Lynnerup is a Professor with special duties at the
Department of Forensic Medicine, Faculty of Health Sciences, University of Copenhagen, where he has worked
since 1990. Niels Lynnerup has an MD from the University of Copenhagen and his PhD thesis was based
on an analysis of skeletal remains of the Norse Vikings
in Greenland. Since then he has worked with forensic
anthropology, becoming Head of the Unit of Forensic
Anthropology at the Department of Forensic Medicine.
Aside from working with human remains, the Unit
also works with identification of the living, based on
CCTV material, for example matching perpetrators as
seen on CCTV with suspects. This work also includes
the application of novel photogrammetric methods. He
is also Head of the Laboratory of Biological Anthropology, which curates an extensive skeletal collection
from Danish pre-history and history. His research in biological anthropology mostly focuses on the analysis of
human skeletal remains and mummies and bog bodies
in an archaeological setting. He works extensively with
CT scanning and advanced three-dimensional visualization. Current projects also include stable isotope analyses and involvement in DNA extraction from Danish
and Greenlandic skeletal material. He has also worked
on paleodemographic issues, including mathematical
modelling, Aside from teaching at the University of
Copenhagen, Niels Lynnerup is regularly asked to participate as a lecturer at international courses in forensic and biological anthropology. He is the author and
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List of contributors
co-author of more than 200 journal articles and book
chapters, focusing both on forensic anthropology and
biological anthropology. Since 2012 he has also been
Editor-in-Chief of the Scandinavian Journal of Forensic
Science.
Hitoshi Maeda MD, PhD graduated and received the
degree of Doctor of Medicine from Wakayama Medical University. Professor Maeda has been Director of
the Department of Legal Medicine, Osaka City University Medical School, Japan, since 1990 and works as a
board-certified specialist and supervisor of forensic/legal
medicine. His practical and research activities extensively cover the fields related to forensic/legal medicine.
He primarily studies collaborative organization of forensic autopsy laboratory systems for pathophysiological
analysis of fatal insults in connection with clinical concepts, mainly involving pathology, toxicology, biochemistry, molecular pathology and radiology.
Patrice Mangin Prof. Dr Med. graduated from the Faculty of Medicine Broussais-Hôtel-Dieu, University René
Descartes Paris VI (1967–1973). He obtained his MD
thesis at the Faculty of Medicine, University Louis Pasteur – Strasbourg I (1978) and Board Certification in
Legal Medicine in France (1980) and Switzerland (FMH
1996). He wrote his PhD thesis in toxicology with Professor G. Dirrheimer, Faculty of Pharmacy, University
Louis Pasteur – Strasbourg I (1985). His professional
activities include work as an intern and resident in different French hospitals (Besançon, Strasbourg). He was
subsequently appointed ”Assistant des Universités –
Assistant des Hôpitaux”, Institute of Legal and Social
Medicine, Faculty of Medicine, University Louis Pasteur
– Strasbourg I (1 March 1981–30 September 1986) and
“Maı̂tre de Conférences – Praticien Hospitalier”, Institute of Legal and Social Medicine, Faculty of Medicine,
University Louis Pasteur – Strasbourg I (1 October
1986–30 September 1990). In 1990, he was appointed
“Professeur des Universités – Praticien Hospitalier”,
Director of the Institute of Legal and Social Medicine,
Faculty of Medicine, University Louis Pasteur – Strasbourg I and since 1 September 1996, he has been the
Ordinarius Professor of Legal Medicine and Director of
the Institute of Legal Medicine of the Faculty of Biology and Medicine, University of Lausanne. From 1999
to 2006 he was selected to become subsequently ViceDean of the Faculty of Medicine, University of Lausanne and then Dean of the Faculty of Biology and
Medicine, University of Lausanne (1 September 2003–
31 August 2006). Since 2007, he has been the Director of
the new University Center of Legal Medicine, LausanneGeneva, as Ordinarius Professor of Legal Medicine at the
Universities of Lausanne and Geneva. In 2011, he was
appointed Head of the Department of Health and Community Medicine of CHUV. Professor Patrice Mangin is a
Member of the Presidium of the International Academy
of Legal Medicine (since 1991) and Vice-President and
Treasurer (1997–2012) and Vice-President again since
2012. He was President of the XVI Congress of the International Academy of Legal Medicine, Strasbourg, France
(31 May–2 June 1994) and President of the Swiss Society of Legal Medicine (1999–2002). He is also a Member of the Board of the European Council of Legal
Medicine (since 1996). His memberships on professional
organizations include numerous institutions such as the
International Academy of Legal Medicine, the American Academy of Forensic Sciences and the International
Association of Forensic Toxicologists. He is the author
or co-author of more than 250 international papers, 200
national papers, 350 oral presentations and 151 posters.
Pierre Margot fell early into the cauldron of forensic
science by obtaining a combined degree in forensic science and criminology at Lausanne University,
Switzerland, a long time ago. A short spell in the United
Kingdom attracted him to pursue an MSc degree in
forensic science at Strathclyde University, followed by a
PhD degree, also at Strathclyde, and also in forensic science. Postdoctoral research led him from Salt Lake City
(USA) in forensic toxicology, the Federal Institute of
Technology in Lausanne (research in chromatography)
and to ANU in Canberra (Australia) to pursue research
and development in fingerprints. He was then called to
take the professorial position in 1986 in Lausanne. He is
the fourth professor to occupy the first academic chair in
forensic science, created in 1909. One of his major contributions is to have created a research centre where over
60 PhD theses have been completed in the last 20 years
and a full commitment to develop further this discipline
as a key actor of forensic intelligence, investigative science and in providing solid and measurable evidence in
court. His group has published over 220 peer-reviewed
papers in forensic science within the last 10 years.
Jolandie Myburgh MSc is currently a laboratory and
maceration manager for the Forensic Anthropology
Research Centre, Department of Anatomy, Faculty of
List of contributors
Health Sciences at the University of Pretoria, South
Africa. Her research interest focuses on trends in decomposition and body limb proportions.
Rolando Neri-Vela MD was born in 1953 in Mexico. He is a medical doctor, ophthalmologist and Master in History at the National Autonomous University of
Mexico. He has a Diploma in Bioethics and teaches History of Medicine, Bioethics and Medical Anthropology
at the Faculty of Medicine, National Autonomous University of Mexico. He belongs to the National Academy
of Medicine of Mexico, Mexican Academy of Surgery,
Mexican Society of Ophthalmology, Mexican Council of
Ophthalmology, International Society for the History of
Medicine, International Society of the History of Islamic
Medicine, Mexican Society for the History and Philosophy of Medicine, among others. He works at the Department for the History and Philosophy of Medicine, Faculty of Medicine, National Autonomous University in
Mexico and is now the Chief of the Department. He is
the author of many articles and chapters in books in the
field of the history of medicine.
Wim Neuteboom was born in 1949 and raised in
The Hague (The Netherlands). He studied analytical
chemistry at the Delft Technical University. During
the final stage of his study, he developed an HPLC
application for the identification of opiates in poppies.
After a short working period in the oil piping industry,
Wim joined the Netherlands Forensic Institute (NFI) in
1978. His first forensic discipline was “drunk driving”,
which included topics like alcohol and drug analyses
in body fluids, physiological and pharmacokinetic processes, breath analyses, drunk driving legislations, etc.
In the late 1980s, he was appointed as the (first) quality
assurance manager of the NFI and became a member of
the NFI management team. Under his supervision the
NFI achieved ISO 17025 accreditation in 1994. After
this QA period, Wim was appointed as the Head of the
Supporting Division, a position he held till 2002. In the
early 1990s Wim Neuteboom was intensively involved
in the initiative by the NFI to create a network of forensic laboratories in Europe. He attended the 10th Interpol
Symposium on Forensic Science in Lyon, November
1992, where most of the forensic science laboratory
directors were present. This occasion was used to lobby
amongst the West European colleagues about the idea
for a European equivalent of the American Society of
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Crime Laboratory Directors (ASCLD). This was the start
of ENFSI birth process, which was finalized in 1995
(Founding Meeting in Rijswijk). After this milestone,
Wim focused on other activities outside ENFSI, but in
1997 he returned as a Member (later the Chairman) of
the EAFS Standing Committee. Due to its prosperous
development, ENFSI established a permanent secretariat
at the beginning of the 21st century. As of 2002, Wim
Neuteboom became the (first) ENFSI Secretary, a post he
held for over 10 years. One of the first things he did was
to prepare the historical and successful Noordwijkerhout sessions in 2003, where the membership discussed
extensively the Future of ENFSI. In the years after, he
formulated many ENFSI bylaws, set up a financial and
book keeping system for ENFSI, explored the legal status
of ENFSI (leading to the establishment of the Stichting
ENFSI Secretariat), etc. As the ENFSI Secretary, he was
among other things, involved in many activities:
r 2004: Organizer of the OOS “Education and Training:
Quo Vadis?”
r 2005: Organizer of the ENFSI Annual Meeting 2005
in The Hague
r 2006–2007: moderator of courses on forensic science
at CEPOL Budapest
r 2007: Organizer of the OOS “Forensic Research and
Development”
r 2008: Author (with Kimmo Himberg) of the UNODC
Criminal Justice Assessment Toolkit for Forensic Services and Infrastructure
r 2009–2010: Editor of the ENFSI Annual Reports
r 2009–2012: Organizer of the Triennial Conference
EAFS2012 (with Jo Puts)
r 2010–2012: Member of the Future of the ENFSI
Project Group (FEPG)
r 2010–2013: Manager of the EMFA-2 program (with
Christina Bertler)
r 2011: Co-organizer of the Joint Meeting 2011 (with
Peter de Bruyn)
Wim Neuteboom has an extensive personal network
all over the world with forensic networks and legal
agencies (e.g. European Commission, Europol, Eurojust,
AICEF, ASCLD, SMANZFL, IFSA, CEPOL, Interpol and
UNODC). He was successful as one of the ENFSI lobbyists
introducing ENFSI in the complex EU structure, which
led in the end to the recognition of ENFSI as monopolist, being “the sole voice of the forensic community in
Europe”. Finally, Wim has directed a number of quality assurance projects in various European countries,
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List of contributors
for example Croatia, Latvia, Macedonia, Slovenia and
Turkey. He is (co-)author of about 35 (semi-)scientific
articles and book contributions.
Antonel Olckers founded DNAbiotec (Pty) Ltd in 2001
and has served as its CEO since then. She holds a PhD
degree in molecular human genetics from the University of Pretoria, South Africa, for which she performed
research at the Johns Hopkins Medical Institution in
Baltimore, Maryland, USA. Dr Olckers has acted as an
independent forensic expert witness in DNA evidence
since the late 1990s and has testified in multiple criminal cases in the High Courts of South Africa. Her view is
that the expert witness is there to assist the court. She
is often asked to evaluate DNA evidence to determine
whether it is scientifically valid. Dr Olckers is a strong
advocate for regulation of the forensic science profession, the accreditation of forensic science laboratories
and the ethical practise of forensic science. She trains
legal professionals to appropriately deal with DNA evidence in court, and to this end has presented the Essential DNA EvidenceTM short course to legal professionals involved in prosecution as well as defence in the
South African legal system. Dr Olckers is a member of
the American Academy for Forensic Science (AAFS) and
the International Society for Forensic Genetics (ISFG).
She is currently appointed as an Extra-ordinary Professor in the Department of Immunology and the Department of Forensic Medicine at the University of Pretoria
and has supervised more than 30 post-graduate students
during her academic career.
George Paul is a Senior Consultant Forensic Pathologist and a two Branch Director of Forensic Medicine
Division (FMD) and Health Sciences Authority (HSA),
Singapore. He is also Senior Lecturer in Forensic Pathology at the Yong Loo Lin School of Medicine, Singapore. Dr Paul was born in Bombay, India, and after
schooling in different cities of north, west and east India,
graduated in Medicine (MBBS) from the Maulana Azad
Medical College (MAMC), New Delhi, under the University of Delhi, India, in 1908, and subsequently did
his MD (Doctor of Medicine) in Forensic Medicine at the
Department of Forensic Medicine, Maulana Azad Medical College in 1984. After completing his senior registrarship in the same department, he was selected as
Assistant Professor in Forensic Medicine in 1997 by the
Ministry of Health and Family Welfare and served at
MAMC, as well as Associate Professor from 1990. Subsequently he was on Foreign Assignment to lecture as a
Forensic Pathologist at the University of Malaya, Kuala
Lumpur, Malaysia, from 1996 to 2002. He subsequently
also attained the Diploma in Jurisprudence (Forensic
Pathology) from the Society of Apothecaries, London,
and was awarded Fellow of the Academy of Medicine of
Singapore, with membership to the College of Pathologists, Singapore. In 2002 he resigned his service with
the Ministry of Health and Family Welfare, India, and
joined the Centre for Forensic Medicine, Health Sciences
Authority, starting as a Consultant and later Senior
Consultant. Later HSA restructured the divisions with
the Centre for Forensic Medicine, which was re-named
the Forensic Medicine Division. Dr Paul’s post-MD
experience started with the mass casualty of so-called
“genocide” of Sikhs in response to the assassination of
the then Prime Minister of India, Mrs Indira Gandhi,
in 1984, followed by a few other mass disasters, the
most recent being the Christchurch earthquake of 2011
where he assisted as part of the Disaster Victim Identification five member team sent under the Singapore
Armed Forces. He is the recipient of a WHO Fellowship
in Analytical and Clinical Toxicology – Investigative in
1983 and the Health Manpower Development Program
(HMDP) fellowship in Forensic Anthropology at Mercyhurst, Pennsylvania, the United States, in 2007. His
special area of interest has been clinical age estimation
(in the living), comparing various radiological exposures
with dental radiological development, and he has conducted comparative studies of north and south Indians
of Delhi versus the three dominant races of Malaysia.
He continues research on this topic and has presented
papers on this subject at various international meetings.
Dr Paul has a large number of publications in international journals as well as presentations in conferences.
He was involved in the autopsy for detection of the
organism causing sudden death in toddlers in Malaysia,
which was EV71, in 1997, and the death of pig farmers in Malaysia from a hitherto unknown new emergent
virus, subsequently named the NIPAH virus. He is the
recipient of Sijil Merit Sempena Penemuan Virus NIPAH
(Certificate of Merit for Research on NIPAH Virus) on
28 July 1999, given by the Education Minister, Government of Malaysia, as well as a certificate of appreciation from the New Zealand High Commissioner on
behalf of the Mayor of Christchurch, for assisting them
in DVI, as well as medals from them, and also various
List of contributors
other certificates and medals of appreciation through
the years. His area of interest and involvement besides
academic work is in choral arrangements, playing
stringed and keyboard instruments and orchestration,
and Aikido.
O. Peschel is employed by the Institute of Forensic Medicine, Ludwig Maximilians University, Munich,
Germany.
Joseph Peterson DCrim. has been a member of the
General Section of the American Academy of Forensic
Sciences since 1975. He received his Doctor of Criminology degree from the University of California, Berkeley, in 1971 and is Professor of Criminal Justice (ret.)
at California State University, Los Angeles. His research
and publications have focused on the effects of scientific
evidence on criminal justice decision making, the proficiency of crime laboratory results, and the resource and
management needs of forensic laboratories. He received
the Distinguished Fellow Award from the American
Academy of Forensic Sciences in 2008.
Ivar Prits is Deputy Director of the Estonian Forensic
Science Institute.
Luigi Ripani is a forensic chemist and is Commander
of the RIS, Reparto Investigazioni Scientifiche, the main
section of scientific investigations of the Carabinieri,
in Rome, Italy. As head of the Department of Chemicals, Explosives and Inflammable Materials, he led scientific investigations in the area of drugs, explosives
and merchandise studies, and later went on to lead the
Department of Scientific Investigations of all areas of
Criminalistics, initially in Messina and currently in
Rome. He has recently led main national investigations
on cases of common as well as organized crime. He is frequently an invited speaker in main forensic events and
is author and co-author of several articles published in
both national and international journals.
Alastair Ross is currently the Director of the National
Institute of Forensic Science (NIFS), within the Australia
and New Zealand Policing Advisory Agency (ANZPAA).
He also held this position as the inaugural Director from
1992 to 2003. From 2003 to 2008 Alastair was Director
of the Victoria Police Forensic Services Department, a
full service forensic facility with over 300 staff. He holds
xxiii
a Graduate Diploma in Business Administration and a
Master of Applied Science (Research) from the University of South Australia. Alastair received the Adelaide
Medal from the International Association of Forensic
Sciences for international contributions to forensic science in 2002 and is a Member of the Order of Australia
(AM).
Gert Saayman MBChB, MMed (MedForens) (cum
laude) was appointed in 1998 as Professor and Head of
Department of Forensic Medicine, University of Pretoria (South Africa) and as Chief Specialist of the Forensic Pathology Service (Pretoria). He is responsible for
the organization, supervision and rendering of forensic
pathology services in the Pretoria Metropolitan area as
well as for the teaching and training programs in forensic medicine and pathology for under- and postgraduate
students in medicine, science and law. He was awarded
the Fellowship of the College of Forensic Pathologists of
the Colleges of Medicine of South Africa in 2001.
Pekka Saukko MD, PhD is Professor of Forensic
Medicine and Head of the Department of Forensic
Medicine of the University of Turku, Finland, where
he has been employed since 1992. Dr Saukko received
a Dr University Medical degree from the University of
Vienna, Austria, in 1975 and was certified as Specialist
in Forensic Medicine in 1981 by the National Board
of Health, Finland. In 1983 he received a Doctorate in
Medical Science by a thesis in Forensic Pathology by the
University of Oulu and was appointed Adjunct Professor
of Forensic Medicine of the same University in 1986.
From 1978 to 1989 he held the position of Provincial
Medical Officer, Medico-legal Expert, Provincial Government of Oulu, Finland. In 1989 he was appointed
Professor of Forensic Medicine of the University of Tampere, Finland. He has published widely as the author and
co-author in scientific journals, books and encyclopedia
chapters and is co-author of the Atlas of Forensic Medicine
(CD-ROM) (Elsevier Science, 2003) and Knight’s Forensic
Pathology (Arnold, 2004), co-Editor of the Encyclopedia of
Forensic Sciences (Academic Press, 2000) and co-Editorin-Chief of the Encyclopedia of Forensic Sciences (Academic
Press, 2013). Since 1993, he has been the Editorin-Chief of the journal Forensic Science International,
by Elsevier, and has served on the editorial boards
of numerous scientific publications, including Legal
Medicine, Scandinavian Journal of Forensic Science, Archives
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List of contributors
of Forensic Medicine and Criminology – Archiwum Medycyny
Sadowej i Kryminologii-Krakow, Cuadernos de Medicina
Forense, Journal of Forensic and Legal Medicine, Adli Tip
Bülteni – The Bulletin of Legal Medicine, Türkiye Klinikleri
Journal of Medical Sciences, French Review of Forensic Science – La Revue de Médecine Légale, Law and Justice Review,
Egyptian Journal of Forensic Sciences and Archiv für Kriminologie/Archives of Criminology. Dr Saukko is a Member of
the German National Academy of Sciences Leopoldina
and an Honorary Member of the Hungarian Forensic
Science Society, the Royal Belgium Society of Forensic
Medicine, the German Society of Legal Medicine and
the Japanese Society of Legal Medicine and a Founding
and Honorary Fellow of the Faculty of Forensic and
Legal Medicine at the Royal College of Physicians
(London).
Anny Sauvageau MD, MSc is the Chief Medical
Examiner for the province of Alberta, Canada. She
started her career as a forensic pathologist in Montreal
in 2002. In 2009, she moved to Alberta as Assistant
Chief Medical Examiner and was named Deputy Chief
Medical Examiner in 2010 and Chief Medical Examiner
in 2011. She is an Associate Clinical Professor at the
University of Alberta and the University of Calgary,
and was previously Clinical Assistant Professor at the
University McGill and the University of Montreal. She
is the founder and program director of the forensic
pathology residency program at the University of
Alberta. Dr Sauvageau received her medical degree
from the University of Montreal in 1996 and was board
certified in anatomical pathology in 2002. She has a
founder designation in forensic pathology from the
Royal College of Physicians and Surgeons of Canada in
recognition of her significant contribution to the development of this new specialty in Canada. From 2007
to 2012, she has been Vice-President of the Forensic
Pathology Examination Board of the Royal College of
Physicians and Surgeons of Canada. Dr Sauvageau is
a well-known world expert on asphyxia. She is the
author of more than 75 papers in peer-reviewed forensic
journals and a much sought-after international speaker.
Anny Sauvageau is also a co-author of Autoerotic Deaths:
Practical Forensic and Investigative Perspectives. She is the
founder of the Working Group on Human Asphyxia and
the co-founder of the International Network for Forensic Research. Her innovative approach towards forensic
research has significantly improved the understanding
of the pathophysiology of hanging and other types of
strangulation.
Dina A. Shokry MBBCh, MSc, MD is a Professor
and the Former Chair of the Department of Forensic
Medicine and Clinical Toxicology – Faculty of Medicine,
Cairo University, Egypt, and President of the New
Mediterranean Academy of Forensic Sciences (nMAFS).
She is the Secretary General of the Arab Union of Forensics and Toxicology (AUFT), which is a branch of the
Arab Medical Union. Professor Shokry joined the Scientific Advisory Board of the Office of the Prosecutor of the
International Criminal Court (OTP) in February 2014.
She is a Board Member of the International Association
of Body Damage (AIDC) representative of North Africa
and the Middle East. Professor Shokry is also a Board
Member of the National Committee of Organ Donation.
She is a Director and Instructor of the training program
for Gaza Forensic Doctors and crime scene investigators,
Palestine via Arab Medical Union. From 2004 till now
she has been the Editor-in-Chief of the Egyptian Journal
of Forensic Sciences and Applied Toxicology (cited), a Board
Member of Research Ethics and Clinical Research, WHO,
Cairo, the Executive Director of the Research Ethics
Committee, MUST, and a Board Member of the Middle
East Clinical Research Association (MECRA), Lebanon.
She is the contact for the DAAD academic activities in
Egypt and the UN forensic consultant in Egypt. Professor Shokry has had more than 50 researches published
in national and international journals and is the author
of the following textbooks: Forensic Medicine: A Guide
to Principals, 2006, Clinical Toxicology: A Guide to Principals, 2006, Colored Atlas; Forensics and Toxicology, 2007,
Medical Ethics: An Introduction for Medical Students, 2008,
Medical Ethics, Law and Medical Responsibility, 2009, and
Good Practice, Communication Skills for Medical Practitioners,
2011.
Erkki Sippola has a PhD in analytical chemistry. He
has 19 years of experience in forensic science and is currently the Director of the NBI Forensic Laboratory in Finland. Previously he has worked as a Deputy Director, as
an R&D Director, as the Head of the Chemistry Department and as a leader of the Drugs Unit of the Forensic
Laboratory. He has been Chairman of the Drugs Working Group of the European Network of Forensic Science
institutes between 2002 and 2006 and also a Member of
the American SWGDRUG Organization between 2002
List of contributors
and 2006. He was President of the European Academy
of Forensic Science Conference held in June 2006.
Peter Sótonyi was born in Budapest. He studied
medicine at the Semmelweis University where he
received his MD in 1963. Since 1963 he was an assistant
at the Institute of Forensic Medicine at the Semmelweis
University. In 1989 he was appointed Professor and
was head of the Department of Forensic Medicine from
1992 till 2003. He has certified qualification in forensic
medicine, pathology–histopathology and insurance
medicine. He was one of the most successful members
of the Ökrös and Somogyi School. His basic pathology
training determined his activities and attitude. He was
extensively involved in studies on heart pathology and
the biological effects of electricity. He made significant
contributions to our knowledge on the pathomechanism
of fine tissue damage developing from the effect of electricity. From his scientific activities is it worth mentioning his studies on the cytochemical analysis of the localization of heart glycosides as well as on the cell model
of isolated cardiac muscle. He showed particular interest
towards the introduction of new morphological research
techniques as well as histo- and cytochemistry, scanning
electromicroscopy with chemical analysis. He had great
knowledge about the morphological identification of
biological and nonbiological material. He improved
the department with new laboratories (DNA, scanning
electromicroscopy and cytochemistry). His fruitful
scientific work is denoted by 350 publications and 25
books and book chapters. His textbook Forensic Medicine
had four editions. Five lecture notes was founded in the
English and German languages for foreign students at
the Semmelweis University. He was Dean of the Medical
Faculty (1997–2000) and Rector (2000–2003) of the
University. He conducted the PhD school program law
at the Semmelweis University and had an independent
PhD program. Later he became Rector Emeritus (2009)
and Professor Emeritus (2008). He became a Member
of the Hungarian Academy of Sciences and is a Member
of the European Academy of Sciences and Arts. He was
Director of the National Institute of Forensic Medicine
till 2003. He established widespread international connections and successful collaboration with Germany,
Finland, Sweden and Poland. He had various academic
degrees: PhD (1977), DSc (1990) and Member of the
Hungarian Academy of Sciences (2004). He had memberships in many professional Hungarian and foreign
xxv
societies: Deutsche Geselschaft für Rechtsmedizin, Polish Academy of Medicine, Royal Microscopical Society,
International Academy of Legal Medicine, etc. Several
universities appointed him Doctor Honoris Causa,
honorary senator and various university awards.
Maryna Steyn MBChB, PhD is director of the Forensic Anthropology Research Centre, Department of
Anatomy, University of Pretoria, South Africa. She has
published extensively in the fields of forensic anthropology and bioarchaeology, and has specific interests in
craniofacial identification and assessment of sex from
skeletal remains.
Patricio Bustos-Streeter MD is a Chilean physician
and has been the National Director of the Legal Medical
Service of Chile since 2007. He studied medicine at the
University of Concepción and the State University of
Milan, Italy. He has studied Planning and Management
Programs STDs and AIDS in Latin America (Dominican
Republic), Epidemiology (University of South Florida,
USA) and Directive Leadership and Management (Faculty of Management and Economics at the University
of Santiago in Chile). He is a Member of the Chilean
Society of Health and has a long history in the public
sphere, specializing in Public Health. He was Regional
Secretary of Health and Government in Antofagasta
and also Director of the Health Service of Iquique, as
well as CONASIDA project manager and in charge of
comprehensive care, among other responsibilities. Dr
Streeter worked on the design and implementation of
the Boards of assistance to victims of sexual abuse and
chain of custody, among other aspects of the criminal
procedure reform. He also worked in the Prison Hospital
as a doctor of Gendarmerie of Chile.
Kyra Stull PhD is currently a collaborative researcher
of the Forensic Anthropology Research Centre, Department of Anatomy, Faculty of Health Sciences at the University of Pretoria, South Africa. The majority of her
research focuses on human growth and development
and modern human variations and its applications in
forensic anthropology.
Marika Väli has been Professor of Forensic Medicine
of the University of Tartu, Estonia, since 2004, Head
of the Institute of Pathological Anatomy and Forensic
Medicine of the University of Tartu and Deputy Director
xxvi
List of contributors
of the Estonian Forensic Science Institute. She is the
chief forensic medical expert of Estonia and a Member
of the Executive Board of the European Council of
Legal Medicine.
Arian van Asten studied analytical chemistry at the
University of Amsterdam, The Netherlands. He obtained
his PhD from the same University in 1995 on thermal field flow fractionation of synthetic polymers. From
1996 until 2000 he worked at Akzo Nobel R&D in Arnhem where he was heading the gas chromatography
laboratory. From 2000 until 2006 he was employed
by Unilever in Vlaardingen in various roles. In 2006
Arian van Asten transferred to The Netherlands Forensic Institute and became involved in forensic investigations and forensic science. He has been working at
the NFI as a member of the management team and as
head of the department for physical and chemical technology. Within the NFI he has coordinated the international forensic program and is also a member of a
small team that coordinates the NFI contribution in
urgent, high profile and/or complex cases. Since the
start of 2011 he has become the head of a new department named WISK. This department aims at creating
a world class forensic science program within the NFI
and The Netherlands and developing forensic statistics and interdisciplinary investigations as novel forensic expertise areas. In June 2012 Arian van Asten was
appointed Professor at the University of Amsterdam
on a special Chair in Forensic Analytical Chemistry.
He was the Chairman of the Scientific Committee of
the EAFS 2012 conference, which was held in August
2012 in The Hague. He is author/co-author of 18 peer
reviewed scientific articles and co-holder of three patent
applications.
Sijtze Wiersma graduated in law at the University of
Groningen, The Netherlands in 1973. Since then he
has worked at the Ministry of Justice, The Hague, The
Netherlands. Till 1997 he worked at the Child Care
and Protection Board in several management functions.
Between 1997 and July 2013 he was employed by the
Netherlands Forensic Institute (NFI). He has been Secretary of the Advice Counsel of this institute, policy adviser
and finally senior legal adviser.
Andrés Rodrı́guez Zorro MD, MSc is a forensic
pathologist at the National Institute of Legal Medicine
and Forensic Sciences in Bogotá, Colombia, where he
has been employed for 15 years. Currently, he works at
the National Group of Forensic Pathology as a consultant
in pathology for the Division of Forensic Sciences. He is
a professorial lecturer of the Department of Pathology
at Universidad Nacional de Colombia and an invited lecturer in forensic medicine at Pontificia Universidad Javeriana, Universidad El Rosario, Universidad El Bosque
and Fundaciòn Universitaria de Ciencias de la Salud. Dr
Rodrı́guez Zorro received his medical degree and specialist title in Forensic Medicine from Universidad Nacional
de Colombia. He received the title of Specialist in Hospital Management from Pontificia Universidad Javeriana.
He also received a Masters degree in Forensic Medical
Sciences from Queen Mary University of London. He is
a fellow candidate of the Academy of Forensic Medical
Sciences in London.
Foreword
Publication of this volume inaugurates the Forensic
Science in Focus Book Project, a collaborative effort
between the American Academy of Forensic Sciences
and Wiley-Blackwell. This project seeks to publish a
select number of books that relate closely to the activities and objectives of the American Academy of Forensic
Sciences.
The book series reflects the goals of the AAFS to
encourage quality scholarship and publication in the
forensic sciences. Proposals for potential books in this
project are reviewed carefully by a committee established for that purpose by the AAFS and directed
by AAFS Past President Doug Ubelaker. Proposals are
also reviewed independently by Wiley-Blackwell once
they have been approved and forwarded by the AAFS.
Authors who contribute to this book project generously
donate their royalties to selected activities of the AAFS.
The global focus of this volume appropriately highlights the international nature of the forensic sciences
and of the AAFS. We expect that this first volume will
be followed by many more that enrich our knowledge
and communication in the forensic sciences.
Daniel A. Martell
President, American Academy of Forensic Sciences
xxvii
Series preface
Forensic Science in Focus
The forensic sciences represent diverse, dynamic fields
that seek to utilize the very best techniques available to
address legal issues. Fueled by advances in technology,
research and methodology, as well as new case applications, the forensic sciences continue to evolve. Forensic
scientists strive to improve their analyses and interpretations of evidence and to remain cognizant of the latest
advancements. This series results from a collaborative effort between the American Academy of Forensic
Sciences and Wiley-Blackwell to publish a select number
of books that relate closely to the activities and objectives of the American Academy of Forensic Sciences.
The book series reflects the goals of the AAFS to encourage quality scholarship and publication in the forensic
sciences. Proposals for publication in the series are
reviewed by a committee established for that purpose
by the AAFS and also reviewed by Wiley-Blackwell.
The American Academy of Forensic Sciences was
founded in 1948 and represents a multidisciplinary
professional organization that provides leadership to
advance science and its application to the legal system.
The eleven sections of the AAFS consist of Criminalistics,
Digital and Multimedia Sciences, Engineering Sciences,
General, Pathology/Biology, Questioned Documents,
Jurisprudence, Anthropology, Toxicology, Odontology
and Psychiatry and Behavioral Science. There are
over 6000 members of the AAFS, originating from all
50 States of the United States and many countries
beyond. This series reflects global AAFS membership
interest in new research, scholarship and publication in
the forensic sciences.
Douglas H. Ubelaker
Senior Scientist
Smithsonian Institution
Washington, DC, USA
Series Editor
xxix
CHAPTER 1
Introduction
Douglas H. Ubelaker
Department of Anthropology, National Museum of Natural History, Smithsonian Institution, Washington, D.C., USA
In August 2012, I had the pleasure to serve as an invited
speaker at the 16th Congreso Nacional de Medicina
Legal y Ciencias Forenses in Bogotá, Colombia. This
scientific gathering brought together forensic scientists
for several days of workshops, lectures and discussions
on recent developments in the forensic sciences. While
attending this conference, I was invited to tour the Instituto Nacional de Medicina Legal Y Ciencias Forenses
in Bogotá and discuss the work conducted there. On
this visit, I found most of the major areas of practice
within the forensic sciences integrated together within
this single organization. I was struck that practitioners of
very different areas of the forensic sciences were located
within close proximity of each other, offering opportunities for consultation, cooperation and integration. This
structure contrasted with my own forensic experience
and what I had observed in other areas of the world.
Although I had impressions of such global variation from
my travels and international contacts, I realized that very
little was known and published on the issue.
At the time of the visit to the Colombian Instituto,
my thoughts also concentrated on our newly formed
AAFS book project “Forensic Science in Focus.” A volume on the global variation in forensic practice seemed
to be an ideal candidate to inaugurate the project. Such
a volume also represented a logical sequitur to our
2011–2012 AAFS meeting theme “Global Research, The
Forensic Science Edge” and the many international elements highlighted at our Atlanta meeting in February
2012. While most of us were aware of the global nature
of the forensic sciences, relatively little was known on
international variations in the structure and practice of
the forensic sciences. During my visit to the Instituto, I
approached colleagues there, seeking their impressions
of my new idea. Their positive feedback inspired me to
continue discussion at the Congreso, where many colleagues also liked the idea and quickly responded with
suggestions regarding countries, authors and issues that
should be considered for inclusion.
The plan that emerged from this consultation and discussion consisted of invited chapters from authors relating to forensic practice in 30 individual countries. The
30 chapter limit enabled inclusion of sufficient countries
to provide a sense of the patterns of global variation and
yet provide the authors of each chapter a sufficient word
count to cover the broad and varied themes involved.
The selection of countries was made to provide a meaningful sample of the variation involved and to represent diverse geographical areas of the world. From the
inception of the project, I realized that many countries
with much to write about the practice of forensic science
could not be included for reasons of limitations of space.
Hopefully, those included provide a sense of the variation involved and reveal patterns that promote understanding. Authors were selected based on their scholarly
reputations and the expectation that they could provide
overviews of the forensic science issues examined in this
volume. Since the volume seeks to cover most areas of
the forensic sciences and most authors are specialists, all
were encouraged to include co-authors as needed.
The authors who were contacted responded positively and enthusiastically. Many not only agreed to
participate but offered helpful suggestions on volume
coverage and thematic content. Once the lead author
and country list was nearly complete, the proposal was
reviewed and approved by our Forensic Science in Focus
book project committee and the American Academy
of Forensic Sciences (AAFS) Board of Directors was
informed. With AAFS support, the proposal was submitted to Wiley-Blackwell for their peer review. Based on
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
1
2
Chapter 1
the reviews, the proposal and author/country list was
adjusted, approved by Wiley-Blackwell and the writing/editing process was initiated.
Authors were given the following instructions (in
addition to format information) in preparing their 9000
word chapters. These suggestions were offered to provide some uniformity in chapter structure and topics
covered but with the expectation that authors would
vary significantly in their approaches.
1.1 Chapter organization and
information
r The title of each chapter should include the name of
the country being discussed. For example, “The practice of forensic science in Argentina” or “History and
current status of forensic science in Argentina.” The
chapters will be presented in the volume in alphabetical order by country.
r Each chapter should contain information on all of the
forensic sciences, to include:
Criminalistics, Digital and Multimedia Sciences,
Engineering Sciences, Odontology, Pathology/Biology (including DNA and entomology), Anthropology/Archaeology, Psychiatry and Behavioral Science,
Questioned Documents and Toxicology.
r Each chapter should address the following topics:
History within the country. This section can include history of key organizations within the country
as appropriate.
Types of cases. Some information would be helpful
on the variation of types of cases examined with statistical summaries as available.
Structure. How are forensic science initiatives organized within the country? Are they centralized
within a particular institution or agency or more
diversely organized?
Integration of forensic science. How is integration of forensic science achieved in crime scene
investigation, case analysis, report writing and legal
presentation? Are teams organized of the various
specialties or are separate reports generated for
integration later?
Recruitment. By what process are new forensic scientists hired or encouraged to enter the field?
Training. How do forensic scientists acquire the
necessary education? Do universities within the
country offer courses/training/degrees in the forensic sciences? Are training programs conducted by
forensic institutions?
Funding. A brief discussion of funding issues would
be useful. Are funding sources through the national
government or through other channels? What factors impact funding for forensic science? Who
decides on the budgets for forensic science and prioritizes the use of funds?
Political influences. How does the political climate
and shifts in political orientations affect the practice
of forensic science?
Certification. What certification programs exist
for individual forensic scientists? By what process are the qualifications of forensic practitioners
evaluated?
Laboratory accreditation/quality control. What
procedures are in place for accreditation of laboratories and quality control? How do these vary within
disciplines?
Technology. What are the key technology issues that
affect the practice of forensic science?
Disaster preparedness. What plans are in place for
disaster preparedness?
Legal issues. How does forensic perspective enter the
legal arena? What court procedures affect presentations of forensic science?
Research. What key research is being conducted and
by what process?
Future directions. What do you see as the key challenges facing forensic science in the country and
what trends are apparent?
An additional suggestion was made by Dr. Stephen
Cordner, co-author for the Australia chapter and passed
on to all authors with encouragement for inclusion. This
suggestion was “Most countries have big cases which go
wrong involving forensic medicine and science. A good
heading might be a very brief summary of 2–3 such
cases, the main problems in forensic medicine and science which contributed to the cases going wrong, and
the state’s response.”
To some extent, this volume represents a research
project; gathering global data and perspective on the
practice of the forensic sciences. The patterns and
Introduction
perspectives that emerge from this work result from
the commitment and hard work of each of the authors
involved and their support teams. I thank all of them for
embracing the concept of this volume from its inception
and for accepting the challenge of attempting to synthesize so much information in such a limited format. I
also extend my deepest appreciation to Rachel Ballard of
3
Wiley-Blackwell for her encouragement to attempt this
volume, our AAFS leadership and the Forensic Science
in Focus book project committee for their support and
my team at the Smithsonian Institution, Keitlyn Alcantara, Kristin Montaperto, Christian Thomas and Marcia
Bakry, who worked with me on the editorial effort to
produce this volume.
CHAPTER 2
The practice of forensic sciences in Argentina
Luis Fondebrider1 & Luis Bosio2
1 Argentine
2 Forensic
Forensic Anthropology Team (EAAF), Buenos Aires, Argentina
Medical Corps, Buenos Aires, Argentina
Argentina
2.1 Introduction: the Argentine
nation
The advent and development of forensic and criminalistic practice in Argentina is deeply rooted in the history
of the country – its colonial origins under the Spanish
rule, its political/legal organization following its independence and the various political circumstances faced
by the country since 1930, when the Armed Forces first
interrupted the democratic life of this young nation with
a coup d’état.
The political organization of Argentina took place
from 1810 (May Revolution, uprising against the
Spanish colonial power) until 1952 (enactment of the
National Constitution). The political model adopted as a
result of this process had the following features: representative (the country shall be governed by the people’s
representatives), republican (such representatives shall
be elected by the vote of the people) and federal (the
provinces shall keep their autonomy, though under a
common government, that is the National or Central
Government).
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
5
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Chapter 2
The division of powers (Executive, Legislative and
Judicial) was also established, and a written Constitution was adopted in 1853 and modified on several
occasions later on.
The Argentine Republic is a federal state made up of
23 provinces and the Autonomous City of Buenos Aires.
Each province chooses its own government leaders and
legislators by direct vote; furthermore, each provincial
state organizes and supports its own administration of
justice.
Regarding this federal organization, it is important to
understand that, from the perspective of the forensic
services (state areas providing forensic and criminalistic – i.e. crime scene – expertise), there is not a single
criterion guiding their practice. Instead, each province
dictates its own form of organization following some
common practices. To be more explicit, there is not
one medico legal institute for all the country, but each
province has its own forensic expert service. The same
holds for criminalistics-related services, usually reporting to the police force of the province concerned.
2.2 The Judiciary: administration of
justice
The Judiciary is independent from the other State powers, and this holds for both the provincial and national
levels. The institutional role of the Judiciary is to control the other public powers as well as the individuals
exercising such powers. Furthermore, it fulfills a jurisdictional role by administering justice in all the proceedings submitted to it for its decision. It enforces and
interprets the law, and issues its decisions according to
it, as well as to the evidence gathered in each case.
It can be stated that Argentina has a dual judicial
system. On the one hand, there is a national system
reaching out to the entire national territory in dealing
with federal cases (i.e. drugs, kidnappings); on the other
hand, there is a provincial judicial system hearing local
cases and acting through the judicial bodies created and
organized by each province.
The National Supreme Court of Justice (CSJN, in
Spanish) is the highest court in the Republic, whereas
the lower courts are made up of different kinds of trial
and other courts. In this context, forensic and criminalistic services support the requests from judges and
prosecutors, reporting to them at the national or
provincial levels.
On the other hand, the Attorney General’s Office,
which is not within the purview of the Judiciary, is an
autonomous body. Its role is to promote judicial actions
in defense of the law and in the general interest of
society.
Finally, as far as the laws are concerned, legislation
(civil, commercial, criminal, labor, social security) is uniform and consistently enforceable in the entire country.
The legal system applied in Argentina has recently
shifted from an inquisitorial model to a mixed, semiadversarial system.
2.3 Law enforcement agencies:
auxiliary bodies in support of the
Judiciary
Each province organizes its own police with the purpose
of fulfilling preventive and criminal investigation roles
within its territory. Similarly, each province organizes its
own judicial power and prison system. Along with this,
there is a federal jurisdiction, of an exceptional nature, in
such matters and areas of special interest to the National
State.
The police forces are organized into the Federal Police,
the Airport Security Police and the provincial police (in
each of the 23 provinces and in the city of Buenos Aires).
There are two security forces: (a) the National Border Guard and (b) the National Coast Guard (rivers and
seas).
The police (except for the Airport Security Police)
and the two security forces also have their own expert
services, which are summoned by judges and courts
throughout the country.
To sum up, the practice of forensic sciences and criminalistics in Argentina takes place basically at two levels:
(a) experts under the purview of the Judiciary (mainly
forensic doctors) and (b) experts reporting to the police
and security forces (some forensic doctors but mainly
criminalistics), under the purview of the National Security Ministry.
There is a third level, made up of private experts who
can be summoned by any individual to participate in
a legal proceeding as an ex parte expert witness. These
interventions are regulated by the code of proceedings.
The practice of forensic sciences in Argentina
2.4 A brief history of legal medicine
in Argentina
The University of Buenos Aires (UBA) was created
on August 9, 1821, giving birth to various scientific
disciplines that started to be regulated, one of which
was medicine. There are references from that time of
the medical–legal advisory service rendered by police
physicians to judges. During those years of development
and restructuring, the discipline made progress at both
the academic and practical levels.
On May 3, 1826, President Rivadavia established the
Chair of “Theory and Practice of Deliveries, Child Diseases, and Legal Medicine.” There is no accurate information as to the curricular contents of this course, but
its first lecturer was Dr. Francisco Cosme Argerich, later
replaced by Francisco Xavier Concepción Muñiz, who
also stood out as a police physician. In 1899, Dr. Francisco de Veyga was appointed to the Chair, leaving
behind as a legacy his book Estudios medicolegales sobre el
Codigo Civil. At the same time, Veyga introduced some
important courses such as criminal anthropology and
forensic psychiatry.
On January 30, 1882, Dr. Julián M. Fernández was
appointed by the National Executive Power as court
physician and referendum of the law organizing the
Federal Capital courts, which under the number 1893
was promulgated on November 12, 1882. In 1889, Dr.
Adolfo Puebla was also appointed as court physician
and on July 3, 1896, Law 3356 established that the
position be occupied by six members, thus creating a
specific body. The 1882 law provided that the person
in charge was to be appointed by the President of the
Republic, and the role as an advisor to judges was laid
down in the following terms: “… is to issue reports
and perform examinations as required and requested by
magistrates for the better performance of their duties”
(http://www.csjn.gov.ar/cmfcs/index.htm).
The Judicial Morgue of the city of Buenos Aires was
created by National Law 3379 on August 18, 1896. This
law had been drafted by Dr. Eliseo Cantón, Dean of
the UBA School of Medicine. It was inaugurated on
July 5, 1908, during the Presidency of José Figueroa
Alcorta, under the direction of Dr. Guillermo Achával.
This is where autopsies ordered by the judicial system
have been done until today. In the police news section
of La Prensa newspaper dated July 9, 1908, it read:
“In the small hours of yesterday, injured Manuel
7
Monsalvo, a defendant before judge Dr. Lambı́, ceased
to exist at the Teodoro Álvarez Hospital. The Hospital
authorities informed investigating judge Dr. Constanzo,
who ordered the autopsy of the corpse at the recently
inaugurated Judicial Morgue, for which purpose court
physicians Acuña and Pacheco were designated.”
In 1924, the Chair of Legal Medicine at the UBA
School of Medicine was held by Dr. Nerio Rojas, who has
been considered the first outstanding forensic physician
of Argentina. His pioneering work extended up to 1946,
when he resigned his Chair due to the country’s political
climate. His book Legal Medicine, published in 1936 and
used as a textbook in several Latin American countries,
is worthy of mention.
Among his students, Emilio Bonnet stood out. Bonnet
started his teaching activity in 1935 and was granted the
tenure in 1961. His textbook Legal Medicine, published in
1967, was another reference book in the teaching of this
discipline in Argentina.
In relation to forensic doctors from outside Argentine, probably the most important influence had been
the textbook of Dr. Calabuig, a Spanish forensic doctor
(Gisbert Calabuig, 2008).
Outside Buenos Aires, other cities of the country
underwent a similar development, led by Córdoba (its
Legal Medicine course was established in 1874) and followed by Rosario (1921) and Mendoza (1957).
To specialize in legal medicine, medical doctors have
to take a postgraduate course, which in the case of UBA
lasts three years. After passing the course, they may
submit their applications for the vacancies open in the
forensic services already mentioned, positions to be filled
by competition. It is not necessary to be a pathologist to
be a forensic doctor.
The Chair of Legal Medicine at the UBA School of
Medicine is the academic sphere in the city of Buenos
Aires where such courses are given and where research
should be encouraged. Medicine students attend the
course as part of their curriculum.
Every year, new graduates who have completed the
course are eligible to apply for a Legal Medicine vacancy
within the Judiciary or in the police/security forces.
2.5 The Forensic Medical Corps
The Forensic Medical Corps (CMF, in Spanish) is the
team of forensic physicians of different specializations
8
Chapter 2
that assist the Judiciary in cases of deaths in the city
of Buenos Aires within federal proceedings (i.e. where
the State is one of the parties to the case). It reports to
the CSJN, and even though each province has a similar
body, this is somehow regarded as the governing entity
as far as Legal Medicine issues are concerned. Its experts
are summoned from different regions of the country
whenever a judge is not satisfied with the work performed by the local forensic doctors or when the case is
very complex or has a high public profile. It is on account
of its weight, therefore, that its development and current
situation will be described here, as we believe it somehow reflects the current status of forensic sciences in the
country. This paper, however, does not purport to be a
thoroughgoing analysis, and it should be borne in mind
that each of the 23 provinces has developed its own local
conditions.
Until the position of court physician within the Judiciary was created, forensic expert reports were made by
different official bodies, such as the council of medicine
or the police.
It was not until 1886 that the law provided that “… a
court physician shall issue reports and perform examinations as required and requested by magistrates for the
better performance of their duties” (Bonnet, 1967).
Thus, a forensic corps with its own structure and regulation started to develop gradually. Among its roles, as
provided for in Article 56 of Executive Order 1285 entitled “The Organization of the National Justice” and dated
1958, the following are mentioned: “… technical and
expert witnesses shall: (a) conduct examinations, tests
and analyses on people, objects and places; (b) assist in
any judicial act or procedure; (c) issue expert reports; (d)
act upon the request of judges.”
The historical evolution of the CMF has not been
written yet, but its course is marked by a continuing
process of gradual administrative organization and
functional technical specialization. Some of its members
produced most of the few books existing on forensic
sciences in Argentina (Achával, 1996; Patitó, 2003,
2008; Raffo, 1993, 2006; Vázquez Fanego, 2000, 2003).
However, it was not until the end of 2009 that the
CSJN adopted the general rules of the CMF (CSJN
Decision No. 47/09), the first set of organic regulations
since its creation. In accordance with its provisions, this
“… body is of a technical nature and will be exclusively
devoted to providing expert opinions,” the purpose of
which “is to specifically assist the jurisdictional bodies
within the national and federal system of justice,” in
the context of which it shall “be the highest-ranking
expert witness body in medical, psychological, dental,
chemical and legal matters.
”From 1958 onwards, the Judicial Morgue, which had
been created in 1908, legally became “… a body of the
Forensic Medical Corps under the authority of its dean
and the direction of a physician, who is to comply with
the same requirements as the ones established for members of the Forensic Medical Corps” (Article 57, Executive Order 1285/58).
Professionals working at the Judicial Morgue include
forensic doctors and technical assistants. The former,
having different medical specializations, provide different specific services. Basically, there is a team exclusively
devoted to autopsies and another one engaged in the
examination of living patients. Furthermore, there is a
team of forensic psychologists and psychiatrists.
The CMF also has a Forensic Anthropology service,
made up of a forensic physician, as well as a Forensic
Dentistry service.
The CMF forensic medical staff seldom go to the
place where a corpse is found, unless they are so
requested by the authority investigating the case. This
task is in the hands of the scientific/criminal police,
which include forensic doctors. Unfortunately, the link
between the facts recorded and analyzed at the finding site and the subsequent autopsy is weak due to the
lack of ongoing coordination and dialogue between both
sectors.
2.6 Interaction with the police and
the security forces
As mentioned above, in addition to the forensic doctors
reporting to the Judiciary, there are forensic doctors and
other specialists who form part of the “legal medicine”
or “scientific police” areas of the police/security forces.
Their major role is to visit the site where a dead body
is found, conduct a preliminary investigation and send
the corpse to the Judicial Morgue for its analysis by the
forensic physicians within the Judiciary.
All the evidence associated with a corpse (bullets,
weapons, blood samples, etc.) is documented and collected by experts in criminalistics from the police and the
security forces and taken to their labs. In other words,
there is a clear separation between the tasks carried out
by the forensic doctors of the Judiciary (the CMF) and
those of the police/security forces.
The practice of forensic sciences in Argentina
The different tasks usually grouped under the term
“criminalistics” are mainly carried out by the police and
the security forces. Each one of these forces has a “scientific police” or “legal medicine” area concerned with
fingerprints, ballistics, documents, IT and accidents.
These areas are quite developed in the country. Usual
reference is made of Juan Vucetich, a Serbo-Croatian
criminalistics expert who settled in Argentina in 1882
and created the fingerprint identification system named
after him.
As for which forensic expert team takes part in each
case, judges or prosecutors may decide, for example, that
a team other than the police – say the Border Guard –
should analyze the evidence when the police are suspected of being involved in the crime.
2.7 Types of cases
The Argentine Republic has an estimated population of
40 million people, about a third of whom live in the
province of Buenos Aires. This large territory comprises
the city of Buenos Aires, where nearly three million
people live. However, hundreds of thousands of people
come into the city on a daily basis. Being in such a big
city, forensic doctors take part in all kinds of cases.
Some figures regarding the most common types of
cases are shown in Table 2.1 for illustrative purposes.
Table 2.2 shows the number of autopsies carried out
at the Judicial Morgue in the last 14 years.
2.8 Training
The significant advances experienced in all branches of
medicine in Argentina have not, however, produced a
similar development in forensic sciences.
It is still commonly believed that forensic physicians
work in isolation from other specialists and, to put it
bluntly, that they only deal with the dead.
Initiatives to overcome this situation of stagnation and
lack of update in this field have been mostly undertaken
by individual forensic doctors, aware of the need to
establish work protocols, quality controls, report reviews
and ongoing training programs. In this regard, forensic
medicine in Argentina is, in our opinion, lagging behind
other countries of the region, such as Colombia and
Chile.
As for the specific training in forensic sciences, there
are almost no refreshment or update courses offered
beyond those that are more trendy than academically
serious.
The same holds in relation to the incorporation of
nontraditional disciplines into the forensic field, such as
anthropology and entomology, which started to be used
out of curiosity of an individual physician or investigation policeman rather than as a result of an organic decision by the CMF.
In line with this, the relationship between the judicial/police expert witness services and the universities
is weak. Little scientific research on matters of forensic
interest is conducted.
2.9 Financial support to the
development of forensic sciences
As with other aspects related with the State, the financial
support given to the development of forensic sciences
in Argentina, considering human resources and infrastructure, has been erratic, more associated with personal
initiatives rather than State policies.
A good example is the CMF, which despite being the
most important forensic medical body in the country,
Table 2.1 Autopsies by cause of death
Accidents
Homicides
Suicides
Year
Men
Women
Total
Men
Women
Total
Men
Women
Total
2008
2009
513
386
231
169
744
555
210
213
44
44
254
257
190
197
103
77
293
274
2010
349
114
463
180
19
199
170
67
237
2011
334
128
462
188
30
218
137
63
200
2012
362
139
501
158
23
181
138
62
200
Source: www.csjn.gov.ar/documentos/index.htlm.
9
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Chapter 2
Table 2.2 Autopsies carried out in the last 14 years
Year
Number of autopsies
1999
2000
2856
2963
2001
2002
2915
2947
2003
3479
2004
2005
3476
3434
2006
3094
2007
3396
2008
2009
2010
3118
3026
3108
2011
3224
2012
3374
Source: www.csjn.gov.ar/documentos/index.htlm.
has no forensic genetics lab of its own; therefore it has
to outsource the service to private labs or universities.
Another example is the Judicial Morgue, in charge of
the most important autopsies carried out in the country; its building is more than 100 years old, and it has
biosecurity deficiencies and contamination problems.
In the rest of the country, the situation varies depending on the province. In some places, morgues are located
at cemeteries or hospitals, where work is carried out
under very precarious conditions; in other cases, interesting projects have been designed to provide adequate
facilities, in line with international standards.
Therefore, policies in support of the forensic field can
be said to have been totally erratic. Sometimes, they
have been adopted exclusively after some specific
events. (In 1992, a terrorist attack against a building
of the Jewish community caused 85 casualties. This situation brought to light the deficiencies of the Judicial
Morgue at the organization and infrastructure levels, as
a result of which special funds were allocated for its
refurbishment.)
The decision to have ongoing training programs in
place and to improve building facilities is the exclusive
responsibility of the CSJN (in the case of the CMF) and of
the security ministries (in the case of the police/security
forces). Unfortunately, however, forensic work is
regarded as a minor activity, and judges, prosecutors and
lawyers in general are unaware of the weight carried by
scientific evidence in any investigation process.
2.10 Certification/accreditation of
professionals and abs – quality
controls
Even though scientific development in Argentina is important, as already mentioned, at the forensic level there
is no certification or accreditation process in place yet.
For example, once a physician completes the three-year
course to become a forensic doctor and is offered a
position, there is no quality control (QC) or qualification requirement of any kind for him/her to meet until
retirement.
At the laboratory level, i.e. in the Toxicology and
Chemistry fields, the situation is almost the same.
In Argentina, there has been no such initiative as the
one in the USA that gave birth to the 2009 report known
as Strengthening Forensic Science in the United States: A Path
Forward. Moreover, this report is almost unknown in
the country. Discussions on the admissibility of scientific
evidence, the value of DNA or probability issues are
almost unknown to lawyers, judges, prosecutors and
forensic experts.
2.11 Getting ready for mass disasters
Unlike other regions in the world, Argentina is not prone
to frequent mass disasters, such as tsunamis or earthquakes. Nor is it likely to suffer a terrorist attack (only
two in the last 30 years) or any other man-made disaster. Nevertheless, there have been episodes with mass
victims, from 30 to 200, which have called for an efficient response from the forensic services.
In this regard, the city of Buenos Aires has an Emergency Master Plan, pursuant to Decree 695/09, which
specifies the duties to be fulfilled by each area in the
case of a natural, anthropic or technological threat. This
plan is the result of an interjurisdictional agreement
entered into by the National State and the Government
of the city of Buenos Aires aimed at giving a coordinated
response in the event of a major incident in the city
(Bosio, Muro and Cohen, 2011).
2.12 The political context
Since 1930, Argentina’s democratic system has been
interrupted on six occasions by military coups d’état, the
The practice of forensic sciences in Argentina
most tragic period taking place between 1976 and 1983.
During such periods, the independence of the Judiciary
was seriously constrained, and no doubt this had an
impact on the forensic activity and its development.
Specifically concerning the victims of enforced disappearance during the period above mentioned, some
forensic doctors, particularly those working for the
police, issued and signed false death certificates while
failing to report signs of torture, or carried out incomplete autopsies.
In 1984, in order to address the issue of the disappeared from a forensic point of view, the Argentine Forensic Anthropology Team (EAAF, in Spanish)
was created, which was a private, scientific and nonprofit organization that could offer confidence and transparency to the relatives of the disappeared who did
not trust the official forensic doctors. Under the initial
guidance of Dr. Clyde C. Snow, EAAF, as an independent alternative to the official system, specialized in the
exhumation and recovery of the remains of disappeared
people who were buried as “John Does” in cemeteries
and army/police former detention centers.
Finally, it is important to mention that Argentina is
still a country where people with official positions in any
of the three State powers are frequently more “important” than the institutions they represent. That is to say,
if the head of the Security Ministry, the Federal Police
or the CMF is replaced, the policies previously adopted
are very likely to change, sometimes even radically. This
lack of institutional continuity does affect the implementation of any medium- or long-term plan to encourage
forensic practice and its development.
2.13 The future
There is a dire need to carry out a comprehensive assessment of the status of forensic sciences in Argentina, ran-
11
ging from the degree of satisfaction of judges and prosecutors regarding expert witness reports to infrastructure issues, operational procedures, the training of professionals and the status of research.
Today there are no policies designed to promote forensic sciences and the initiatives to change the current situation depend more on individual efforts rather than on
State policies.
Furthermore, justice administrators, particularly judges and prosecutors, should understand the value of scientific evidence and the need to streamline and adjust
the system to international standards. Surprisingly, this
has taken place in the field of medicine but not in the
field of forensic medicine.
References
Achával, A. (1996) Manual de Medicina Legal. Práctica Forense (3rd
ed.). Abeledo-Perrot, Buenos Aires.
Bonnet, E. (1967) Medicina Legal (2nd ed.). López, Buenos Aires.
Bosio, L., Muro, M., Cohen, R. (2011) Manejo de Cadáveres. Desastres, Cólera y otras Infecciones (1st ed.). Ministerio de Salud,
Buenos Aires.
Gisbert Calabuig, J. (2008) Medicina Legal y Toxicologı́a (6th ed.).
Masson-Salvat, Barcelona, Spain.
Patitó, J. (2003) Tratado de Medicina Legal y Elementos de Patologı́a
Forense. Quorum, Buenos Aires.
Patitó, J. (2008) Manual de Medicina Legal (1st ed.). Akadia,
Buenos Aires.
Raffo, O. (1993) La Muerte Violenta (1st ed.). Universidad de
Buenos Aires, Buenos Aires.
Raffo, O. (2006) Tanatologı́a. Investigación de Homicidios (1st ed.).
Universidad de Buenos Aires, Buenos Aires.
Rojas, N. (1936) Medicina Legal (1st ed.). El Ateneo, Buenos
Aires).
Vázquez Fanego, O. (2000) Autopsias Médico-Legales (1st ed.).
Depalma, Buenos Aires.
Vázquez Fanego, O. (2003) Investigación Medicolegal de la Muerte.
Tanatologı́a Forense (1st ed.). Astrea, Buenos Aires.
CHAPTER 3
Australia
Stephen Cordner1 & Alastair Ross2
1 The
2 The
Victorian Institute of Forensic Medicine, Monash University, Southbank, Victoria, Australia
Australia and New Zealand Policing Advisory Agency National Institute of Forensic Science, Docklands, Victoria, Australia
Australia
3.1 Introduction
When the First Fleet brought European settlement to
Australia in 1788, it also brought English law, including
that relating to crime and coroners. Arthur Phillip, the
first governor of the Colony of New South Wales, was
authorized to appoint officials necessary for the administration of justice, including coroners. The first inquiry
in the nature of a coronial inquest was conducted on
14 December 1788. This was presided over by Augustus
Alt, one of the first justices of the peace appointed by
Governor Phillip.
For the purposes of this piece, forensic medicine is
regarded as the application of the principles and practice of medicine to the needs of the law. Forensic science
is similarly defined. For practical purposes, when discussing forensic medicine, we have not included forensic
psychiatry.
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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Chapter 3
3.2 History
The development of both forensic science and forensic
medicine in Australia has been significantly influenced
by a number of major cases and inquiries over the years.
3.2.1 The Gun Alley Murder (Lack and
Morgan, 2005)
An early case relying heavily on what we now call forensic science was the ‘Gun Alley Murder’ of twelve-yearold Alma Tirtschke in Melbourne on 30 December 1921.
Colin Ross ran a bar in the vicinity of where Alma
Tirtschke was last seen. In addition to circumstantial evidence, including an alleged confession by Colin Ross
to a cell mate while on remand, the prosecution relied
on hairs from the deceased being allegedly found on a
blanket in his possession in which he was said to have
wrapped Alma Tirtschke’s body. Evidence to this effect
was given by the Government Analyst, Charles Price.
Colin Ross strenuously denied any involvement. The
defence sought access to the hairs pre-trial, for the purposes of undertaking its own analysis, and was refused.
Colin Ross was convicted and hanged on 24 April 1922.
In recent years, the actual samples were retrieved from
storage and reviewed. It was concluded by Australia’s
pre-eminent expert in hair comparison that the samples
on the blanket could not have been Alma Tirtschke’s.
At the request of the Attorney General, the conviction was reviewed by the Victorian Court of Appeal
(Attorney General’s Reference, 2007) and effectively
quashed. Colin Ross was posthumously pardoned and
the Attorney General publicly apologised to the family.
an investigative police role and a scientific analytical
one. Furthermore, he said that a system that did not
distinguish between scientific observations and deductions by police in their investigatory capacity was an
unacceptable forensic system (Shannon, 1984, p. 47).
The Commissioner said of the lead police investigator,
“I do not understand how he (the investigator) was
allowed to express the opinions and theories in his evidence. There was no objection on the part of any person
to it. I am bemused that such categorical assertions
could have been allowed. One could not determine
whether (the investigator) was speaking in the role of
police investigator or scientist. The confusion of roles
continued throughout his evidence.”
He said that in a trial where the evidence is of such a
scientific nature, a very serious obligation lies not only
on the scientists who give evidence but on the representatives of the legal system who are responsible for the
conduct of the trial. The vital obligation of the scientists is that they spell out in nonambiguous and precisely
clear terms the weight and significance of the tests and
analysis. The critical responsibility that rests upon legal
persons is to ask such detailed and probing questions of
the scientists as are likely to elicit the proper evidence.
As a consequence of the Splatt case, the Government
of South Australia created the State Forensic Science
Centre. It was independent of the police force and the
various forensic sciences, previously provided by a number of agencies, came together in the Centre. Dr W.J.
Tilstone, the newly appointed Director of the Forensic
Science Division, said in a public awareness forum that
the doors would be open “equally to the defence and the
prosecution”.
3.2.2 Wrongful conviction of
Edward Splatt (Shannon, 1984)
3.2.3 The Royal Commission into the
Chamberlain Convictions, (Morling, 1987)
In 1978, Mr Splatt was convicted of the murder of 77year-old Rosa Simper who was found in her bedroom
badly beaten, sexually assaulted and strangled. The evidence tying Mr Splatt to the crime scene was all scientific
and based on the discovery in the bedroom of traces of
paint, wood, birdseed and confectionary particles. Following a two-year campaign by the Adelaide Advertiser,
the government established a Royal Commission, which
led to a pardon for Mr Splatt in 1984.
Judge Shannon, the Royal Commissioner, said that
some of the scientists appeared to have a dual role: both
On the evening of 17 August 1980, a dingo entered
the Chamberlain’s tent at a camping ground near Uluru
(better known at the time as Ayers Rock) in central
Australia. In the tent was their 9-week-old baby girl,
Azaria, who had just been placed in her bassinette by
her mother, Lindy. Lindy had then returned to the barbecue area which was being shared by a number of families. Having heard her baby cry, she returned to the tent
and was heard (by Mrs West, one of the other campers)
to cry out: “My God. My God. A dingo has got my
baby.” Despite an immediate hue and cry, Azaria was
Australia
never found. On 19 August, the Chamberlains left and
returned home to New South Wales. Most of the baby’s
clothes (including the jump suit, singlet and nappy)
were recovered 7 days later about 4 kilometres away
from the camping ground.
This event triggered huge media interest in Australia
and internationally – interest which was framed by bias,
fanciful rumours, cartoons and misinformation generally directed at characterising the baby’s parents, and
particularly Lindy, as bad, even evil people. The finding of the first inquest, delivered on national television
on 20 February 1981, concluded that Azaria likely died
as a result of a dingo attack, but that there was human
involvement subsequently. The coroner was particularly
critical of the police investigation. The police were stung
into action and within a fairly short period had gathered
“evidence” to justify a second inquest, which in turn led
to the trial which concluded in October 1982. Lindy was
convicted of her daughter’s murder and Michael, the
father, was convicted of being an accessory after the fact.
They were sentenced to life (with hard labour) and three
years’ imprisonment respectively.
The Crown case was that Lindy Chamberlain left the
barbecue area with Azaria and her son Aidan (almost
7 years old) for a total of about 5–10 minutes. She
returned to the barbecue area, having placed Azaria
in the bassinette, with Aidan, and also carrying a can
of baked beans as Aidan had said he was still hungry. During this absence, the Crown case was that “Mrs
Chamberlain took Azaria from the tent into the car
(adjacent to the tent), sat in the front passenger seat and
cut the baby’s throat…that Azaria’s dead body was probably initially left in the car (possibly in a camera bag) and
later the same evening buried in the vicinity of the barbecue area by Mr or Mrs Chamberlain” (Morling, 1987,
p. 20). Having returned to the barbecue area, a cry was
heard by one of the campers who was positive it was the
cry of a small baby (who was at this point, on the prosecution case, dead). Mr Chamberlain said to his wife:
“Was that the baby? She went back to check and when
she was 5 yards from the tent she was heard by Mr Lowe
to cry out: “That dog’s got my baby.” A hue and cry was
immediately raised involving many of the campers. As
mentioned above, the body was never found and the
jump suit, singlet and nappy were found a week later.
The elements of scientific evidence at the trial
included:
15
r Blood was found in and around the front seat of the
car, including in the camera case and on a pair of scissors, purporting to have within it foetal haemoglobin
indicating it was baby’s blood.
r The blood under the dashboard was allegedly in a
spray pattern, indicating an arterial spurt, indicating
that it was the site of the murder.
r Blood found in the tent was transferred there by, or
from the clothing of, Mrs Chamberlain.
r Professor Cameron from the London Hospital gave
expert evidence that he could see the handprint in
blood of a small adult hand on the baby’s jumpsuit.
r The damage to the baby’s clothing could not have
been caused by a dingo and was caused by a knife or
scissors to simulate dingo damage.
r No saliva was detected on the jumpsuit meaning that
a dingo could not have carried the baby.
r Some hairs found on the jumpsuit were cat hairs.
The Crown addressed the jury on the basis that the
claim that a dingo took the baby was “preposterous and
not capable of belief”.
Following conviction, the Chamberlains mounted two
unsuccessful appeals. In the background a small group
of scientists formed a Chamberlain Innocence Committee. Their work concluded a number of things, including
(Chamberlain Innocence Committee, 1982):
r The spray material beneath the dashboard of the
car was sound deadening synthetic material and not
blood at all. It arrived there during manufacture of the
car.
r The hairs found on the jumpsuit were canine or dingo
hairs.
r Dingo teeth could cause the sort of damage sustained
by the jumpsuit.
On 2 February 1986 Azaria’s matinee jacket was
found. The Crown case had been that the matinee jacket
was another invention of Mrs Chamberlain’s. It was
found near a series of dingo lairs at the base of Uluru.
This accidental finding of an item of Azaria’s clothing,
in an environment of increasing scepticism about the
safety of the conviction, removed a significant foundation of the prosecution case. The existence of the jacket
had been important for the defence to explain the lack of
saliva and dog or dingo hairs on the jumpsuit. Five days
later, a Royal Commission to inquire into the safety of
the convictions was announced by the Northern Territory Government.
16
Chapter 3
Amongst the findings of the Royal Commission
were:
1. Examination of the ‘spray’ microscopically by a number of forensic pathologists and biologists who all
agreed it did not look like blood in either the shape
of the droplets or the pattern of the spray. Paint was
present over the droplets.
2. The droplets were made of “bitumenous sound deadener” (Morling, 1987, p. 101).
3. Negative testing before the trial to the very sensitive
“orthotolidine test” for blood had been overlooked.
4. Original testing using anti-adult haemoglobin antiserum was weak or negative. The anti-foetal haemoglobin testing was claimed to be strongly positive.
The reason for the difference was said to be slower
denaturation of the HbF molecule. Post-trial testing
showed that both denatured at much the same rate.
Thus the claimed results were anomalous.
5. The result book for the testing showed 12 occasions
where the results of testing on three samples from
under the dashboard were crossed out or changed.
6. Proper controls were not used, which if they had been
would have demonstrated the nonspecific nature of
the apparent results.
7. Negative and nonspecific test results on these samples
were not mentioned in work notes produced for the
trial, notes that were represented to be a complete
record, and the negative and nonspecific results were
not mentioned during oral evidence when there was
an opportunity to do so.
For these reasons, I do not consider that the presence of baby’s
blood, or any blood, has been established upon the area under the
dashboard….the strong probability is…that the spray pattern…was
sound deadening compound and contained no blood at all (Morling,
1987, p. 106).
The Commission found that there was no evidence
that the scissors, found when the car was examined in
September 1981, were in the car in August 1980, but
that in any event the material on it produced weak
ortho-tolidine reactions and nonspecific immune chemical reactions, which did not allow the Commission to
conclude that there was blood on them. The Commission found that it could not conclude that there was
baby’s blood on any of the items for which this was contended at the trial. The forensic biologist relied upon at
the trial lacked the experience necessary for the testing
conducted and reported on. One consequence of this
was a failure to use adequate controls. In respect of a
number of places in the car, “the evidence falls far short
of proving that there was any blood in the car for which
there was not an innocent explanation” (Morling, 1987,
p. 326). There was no blood of foetal kind in the car.
This meant that there was no factual basis to say that the
blood in the tent had arrived there by transfer from Mrs
Chamberlain who, it was alleged, had killed the baby in
the car. Virtually all of the Prosecution’s scientific evidence was found to be flawed. There was no handprint
that any one other than Professor Cameron could see.
The matinee jacket was a good reason why there may
have been no saliva on the jumpsuit, as the Defence contended at the trial.
The Royal Commission was scathing of the scientific
evidence at the trial, concluding as follows:
The question may well be asked how it came about that the evidence at the trial differed in such important respects from the evidence
before the Commission. I am unable to state with certainty why this
was so. However, with the benefit of hindsight it can be seen that
some experts who gave evidence at the trial were over confident of
their ability to form reliable opinions on matters that lay on the outer
margins of their fields of expertise. Some of their opinions were based
on unreliable or inadequate data. It was not until more research
work had been done after the trial that some of these opinions were
found to be of doubtful validity or wrong. Other evidence was given
at the trial by experts who did not have the experience, facilities or
resources necessary to enable them to express reliable opinions on
some of the novel and complex scientific issues which arose for consideration (Morling, 1987, p. 340).
Although expressed judiciously, this represents a serious and comprehensive rejection of the expert evidence
given at the trial, evidence that led to the wrongful conviction of the Chamberlains.
On 12 June 2012, almost 32 years after her death,
the fourth inquest into the death of Azaria Chamberlain
announced its finding.
The findings are: The name of the deceased was Azaria Chantel
Loren Chamberlain, born in Mt Isa, Queensland on 11 June
1980.…. died at Uluru…on 17 August 1980. The cause of her death
was as the result of being attacked and taken by a dingo (Northern
Territory Magistrates Court, 2012).
Thus, the most extraordinary criminal case in
Australian legal history ends up where it began: a terrible accident and tragedy. Along the way, many lives,
principally those of the Chamberlain family, were irretrievably damaged.
Australia
The Royal Commission observed that there should be
closer links between forensic science centres and universities and other appropriate institutions so as to ensure
the former have the advantage of the research conducted by the latter. Setting appropriate standards in
matters of forensic science would not be easy but was
the type of issue a National Institute of Forensic Science
could address so as to establish a uniform reliable practice throughout Australia. Such an Institute might also
be a centre for the exchange of information and the location of reliable experts in unusual fields of expertise. The
risk of an injustice occurring would be diminished if an
accused person, in common with the Crown, had access
to a National Institute of Forensic Science and its staff of
experts.
A National Institute of Forensic Science was established in 1991 and further information about the
Institute is provided in this paper under the heading
‘Structure’.
3.2.4 The Royal Commission into
Aboriginal Deaths in Custody (Johnston,
1991)
The Royal Commission into Aboriginal Deaths in Custody was established in October 1987 in response to
growing public concern that deaths in custody of Aboriginal
people were too common and public explanations were too evasive to discount the possibility that foul play was a factor in
many of them (Johnston, 1991, para. 1.1.2).
Ninety-nine Aboriginal and Torres Strait Islander people died in prison, police or juvenile detention institutions between 1 January 1980 and 31 May 1989. (So
weak was national coronial information gathering that
the Royal Commission was actually established in the
belief that there had been only 44 such deaths; Cordner,
1991.) The inadequacy of the investigations of the
deaths led the Commissioners to undertake full-scale
reviews in all cases. In 12 of the 99 cases there was no
inquest held. In 41 cases, the autopsy was performed by
a person other than a forensic pathologist, on 24 occasions by a general practitioner. A review for the Commission of the forensic pathology in 27 cases found a
number of other deficiencies.
Misunderstanding of the nature and purpose of an
autopsy lay at the root of many of those autopsies considered to be inadequate. In many cases it was obvious
that the person undertaking the autopsy regarded the
17
provision of the cause of death to be the beginning and
end of the exercise. Most commonly, the identification
of the cause of death is reasonably straightforward. The
challenge for forensic pathology lies in its contribution
to the reconstruction of the circumstances of death, and
the onerous and more mundane tasks of recording, not
only the positive but – often more importantly in the
context of deaths in custody – the negative findings, so
that another pathologist at another time is able to reach
her/his own conclusions.
It was noted that a number of components of the
forensic investigation of a death in custody must be of
a suitable standard if the investigation is to be regarded
as having been properly conducted. In addition to the
qualifications and experience of the pathologist, mentioned above, and the forensic team, these include the
r Investigation of the scene
r Scene photography
r Autopsy
r Autopsy photography
r Histology and
r Toxicology.
A number of these elements were missing from some
of the cases reviewed. On six of the 27 cases, no toxicology or inadequate toxicology was performed. Samples for histology were not taken in seven cases. Photographs of autopsy findings were available in only five
cases. While the sample size was very small, these were
cases of the highest importance, covered all jurisdictions
and provided a snapshot of the state of forensic pathology in Australia at the time.
In 1991, the Commission made 339 recommendations
to Australian governments, which aimed to reduce the
rate of Aboriginal deaths, especially in police custody.
The Commission found that the high number of Aboriginal deaths in custody reflected a “glaring overrepresentation of Aborigines in custody”. Despite forming only
1.5% of the total population, indigenous Australians
comprised 14.8% of the prison population and 28.6%
of those held in police custody (Cordner, 1991). A number of the Commission’s recommendations concerned
the practice of forensic pathology and coronial inquests.
These recommendations included the following:
r The scene of death should be subject to a thorough examination including the seizure of exhibits
for forensic science examination and the recording of
the scene of death by means of high quality colour
photography.
18
Chapter 3
r Investigations into deaths in custody should be structured to provide a thorough evidentiary base for consideration by the Coroner on inquest into the cause
and circumstances of the death and the quality of the
care, treatment and supervision of the deceased prior
to death.
r All postmortem examinations of the deceased be conducted by a specialist forensic pathologist wherever
possible or, if a specialist forensic pathologist is not
available, by a specialist pathologist qualified by experience or training to conduct such postmortems.
Subsequently, as also recommended by the Commission, all jurisdictions followed the Victorian example
and implemented state based coroner systems. By 2013,
there is only one jurisdiction to replicate this with a
state wide forensic pathology service: New South Wales,
which has three separate forensic pathology services.
Unfortunately, 10 years following the report of the
Royal Commission, the situation leading to its creation
had not improved, with the number of Aboriginal deaths
in custody actually increasing (Loff and Cordner, 2001).
3.2.5 Inquiries into the use of tissue
removed at autopsy
In the late 1990s, following the Bristol and Alder Hay
postmortem organ and tissue scandals in the UK, public concern about the possibility of similar practices in
Australia developed. This resulted in inquiries in Western Australia, South Australia and New South Wales.
While there was evidence of organs and tissues being
retained without next of kin consultation or consent following coronial autopsies, generally speaking this was
not illegal, unlike in the UK where it was. In addition,
the Royal College of Pathologists of Australasia had published a position statement on autopsies and the proper
use of tissues removed at autopsy. While its implementation was not uniform, it was evidence that the organized
pathology profession was aware of the issues and had
developed the appropriate policy position. The above
inquiries did result in legislation in those states to regulate more strictly the retention of organs and tissues
following autopsy.
3.2.6 Inquiry into the circumstances that
led to the conviction of Mr Farah Jama
(Vincent, 2010)
The most recent inquiry affecting the development of
forensic medicine and science in Australia was in 2009
into the wrongful conviction of Mr Farah Jama. This
19-year-old of Somalian background was convicted of
the penile/vaginal rape of a 48 year old Caucasian
woman (M) at an over 40s night club on 15 July 2006.
She was found unconscious in a toilet cubicle locked
from the inside at about 10.50 pm. She had entered
the club at about 10.20 pm, recalled speaking to some
people, buying two glasses of a liqueur and lighting a
cigarette at a table, but recalled nothing thereafter. She
was taken to a hospital, and because she did not feel that
the alcohol she had consumed accounted for her condition it occurred to her that she could have been surreptitiously given a drug of some kind and then sexually
assaulted. Arrangements were thus made for a forensic examination, which duly occurred at 10.50 the next
morning, and sexual assault samples were taken.
DNA extracted from the vaginal swab was profiled and
compared to the DNA database and “matched” that of
Farah Jama. What was never understood by investigators, or discovered at the trial, was that Farah Jama’s
DNA had been in the hospital examination suite the day
prior to the above events. He had been involved in an
interaction with a woman (B), resulting in his semen
being in her hair, which was complained about to police
but which did not result in charges. The complaint led
to B being examined in the same suite where M was
examined the following day. The suite was probably not
cleaned between these two consecutive uses. Any discussion of the possibility of contamination was limited
to the possibilities at the forensic science laboratory, and
these were effectively discounted.
Mr Jama was convicted and spent 15 months in
prison, until, in the course of preparing for his appeal,
the prosecution realized the true course of events and
the high probability of a contamination event having
occurred in the examination suite at the hospital. Mr
Jama was rapidly released and the inquiry instituted.
This was a case of a ‘DNA-only’ conviction. There was
no other evidence. In addition, it was DNA which established that a crime had occurred, as well as establishing
the identity of the culprit. In reality, of course, there
was no sexual assault and Mr Jama was incarcerated not
only for something he did not do, but for something that
never happened. This case led to a number of improvements including in sample collection procedures and
facilities, and prosecutorial guidelines requiring evidence other than simply DNA to be present before
prosecutions will be launched. The inquiry was also
Australia
critical of “those involved in the legal processes. There
were ample warning signs along the way that suggested
something was amiss, but they were simply not read.”
3.3 Establishment of Forensic Service
Provision in each Jurisdiction
3.3.1 States and Territories
Australia is a Commonwealth, a federation of six States
and two Territories, the latter being very similar to
states (see Figure 3.1). The Commonwealth itself is the
ninth jurisdiction. There is a population of 21 million
concentrated in the cities. Victoria and New South
Wales are home to half the population. At the other end
of the spectrum, the Northern Territory, which is larger
in area than France, has a population of 240,000. The
development of forensic medicine and forensic science
services in each of the nine jurisdictions has been
ad-hoc and the governance and infrastructure differs. In
general, police in all jurisdictions have the responsibility
for the “field sciences” such as crime scene investigation,
fingerprint identification, ballistics examination and
impressions (e.g. shoes, tyres and tools).
The “laboratory sciences” such as biology (DNA),
criminalistics, digital and multimedia, documents, drugs
and toxicology are provided by a mix of Government
Agencies including Health, Justice and Police, with some
states having centralized comprehensive models of service provision.
Similarly, the “medical sciences”, such as pathology,
forensic medicine, anthropology, odontology, entomology and psychiatry/psychology, are provided by Justice
and Health Departments.
Service provision is generally centred in the capital
city of each State/Territory (see Figure 3.1). However,
most States and Territories have regional facilities for
crime scene investigation and fingerprint identification.
3.3.2 National
The Australian Federal Police (AFP) has jurisdiction for
facilities such as airports and work closely with agencies
including the Department of Customs and the National
Measurement Institute for illegal drug and firearms
DARWIN
Northern Territory
Queensland
Western Australia
BRISBANE
South Australia
PERTH
New South Wales
SYDNEY
ADELAIDE
Victoria
Australian Capital Territory
CANBERRA
MELBOURNE
Tasmania
Figure 3.1 States, Territories and capital cities in Australia.
19
HOBART
20
Chapter 3
importation. AFP also has responsibility for community
policing and forensic science service provision in the
Australian Capital Territory.
3.4 Types of cases
3.4.1 Capability
In general, each State and Territory has a full forensic
service capability albeit provided by a combination of
agencies. Some of the smaller (population wise) jurisdictions do contract out some services to facilities in the
larger jurisdictions.
3.4.2 Case types
All jurisdictions cover a broad scope of forensic science
cases including crimes against the person (e.g. homicide
and rape) and property crime (break and enter and theft
of a motor vehicle). Overall, the crime rate in Australia is
dropping but certain crimes such as alcohol fuelled violence are on the increase.
In 2010/2011, the Australian victimisation rates recorded by police for selected person offence categories
were (Australian Bureau of Statistics, 2012):
r Murder, 1.0 victims per 100,000 persons
r Attempted murder, 0.9 victims per 100,000 persons
r Manslaughter, 0.1 victims per 100,000 persons
r Sexual assault, 79.5 victims per 100,000 persons
r Kidnapping/abduction, 2.7 victims per 100,000
persons
r Robbery, 56.0 victims per 100,000 persons.
For certain property crimes they were:
r Break and enter, 940 victims per 100,000 persons
r Theft of a motor vehicle, 235 victims per 100,000
persons.
The forensic science case load will reflect the statistics
for crimes against the person as the vast majority of these
will involve a forensic examination.
There is a growing tendency for crime scene examiners to attend break and enter scenes with approximately
a 70% attendance rate of those cases reported to the
police (National Institute of Forensic Science, 2013).
3.5 Structure
In relation to forensic medicine, structural arrangements
vary between jurisdictions. Table 3.1 sets out some of
the forensic pathology and clinical forensic medicine
arrangements and related information in three of the
eight jurisdictions.
The structure of forensic science service provision is
(as previously stated) different in each jurisdiction based
on historical grounds. However, there are agencies with
a national focus which impact on the forensic sciences.
These include:
r The Senior Managers of Australian and New Zealand
Forensic Laboratories (SMANZFL)
r The Australia New Zealand Policing Advisory Agency
National Institute of Forensic Science (ANZPAA NIFS)
r The Australian and New Zealand Forensic Science
Society (ANZFSS)
r CrimTrac
r The National Association of Testing Authorities
(NATA).
3.5.1 The Senior Managers of Australian
and New Zealand Forensic Laboratories
(SMANZFL)
SMANZFL (www.anzpaa.org.au/forensicscience/10606)
was established in 1988 and consists of the Directors/Officers in Charge of all of the government forensic
science service providers. It is the equivalent of other
international networks such as the American Society
of Crime Laboratory Directors (ASCLD), the European Network of Forensic Science Networks Institutes
(ENFSI) and the Asian Forensic Sciences Network
(AFSN) and has a similar role. The SMANZFL Mission is
to Provide coordinated strategic leadership to Australian and
New Zealand forensic laboratories.
Similar to other networks SMANZFL has a number of
specialist groups, which provide scientific and technical
advice. The Specialist Advisory Groups (SAGs) and Scientific Working Groups are established as designated in
Table 3.2.
3.5.2 The Australia New Zealand Policing
Advisory Agency National Institute of
Forensic Science (ANZPAA NIFS)
The concept of NIFS (www.nifs.com.au) had first been
articulated by Senator Lionel Murphy in the early
1970s when he was Commonwealth Attorney General.
As mentioned above, strong support for its establishment came from two Royal Commissions in the 1980s
into wrongful convictions. By agreement of the then
Australia
21
Table 3.1 Forensic pathology arrangements in NSW (Sydney), Victoria and South Australia
Name of department
New South Wales – Sydney
(Glebe)
Victoria
South Australia
Department of Forensic Medicine,
Sydney, NSW Health Pathology
Victorian Institute of Forensic
Medicine (VIFM), a statutory
Forensic Science, South Australia,
Attorney General’s Department
authority within the Justice
Number of cases or bodies
3229
Portfolio reporting to the
Attorney General
4954
received in the last 12
month reporting period
Number of full autopsies
1873
2440
1140
Full time equivalent
consultant pathologists
% bodies with a CT scan
6 forensic pathologists, 1
neuropathologist
<1%
11
5.3
100%
13%
Any major inquiries in
Walker Inquiry into tissue retention
Nil
Splatt (see above)
forensic pathology
Clinical forensic
and other matters
Clinical and traffic: through medical
All undertaken by staff forensic
Sexual Assault Referral Centre.
medicine/sexual
staff employed by NSW police
1150
in that period
assault/traffic medicine
arrangements
Sexual assault: individual contracted
practitioners, paid fee for service
physicians employed by the
VIFM, or by contracted doctors
No formal forensic medicine
arrangements
accountable to the VIFM
by Local Health Districts
Australasian Police Ministers’ Council, NIFS came into
existence in 1991. It became a Directorate within ANZPAA in 2008. The functions of ANZPAA NIFS are to:
r Sponsor and support research in forensic science
r Assist with the development and coordination of
forensic science services between jurisdictions
r Facilitate information exchange between relevant
parties
r Support, coordinate and conduct training programs in
forensic science
r Coordinate the delivery of relevant forensic science
quality assurance programs.
In effect, ANZPAA NIFS has a national facilitation and
coordination role for the forensic sciences. It maintains a
small Directorate and works very closely with the wider
forensic science community to enhance individual and
jurisdictional capacity.
ANZPAA NIFS also has a very productive working
relationship with SMANZFL and the SAGs and SWGs
where with the latter, ANZPAA NIFS and SMANZFL, are
involved in mutually beneficial projects.
ANZPAA NIFS oversees other specialist groups including the Chemical Warfare Agent Laboratory Network
(CWALN) and the ANZPAA Disaster Victim Identification Committee (ADVIC).
In its 22 years of operation, the Institute has worked
very closely with the forensic science community in all
of its functional areas in order to address the concerns
raised in the preceding Royal Commissions. The work
has included:
r The establishment of a national forensic science
accreditation program in conjunction with the
National Association of Testing Authorities (NATA)
r The development and delivery of national training
and certification programs, particularly in the field
sciences
r The development of national forensic science standards in conjunction with Standards Australia (SA)
r The development and implementation of uniform
practice methods across all forensic science disciplines in conjunction with the Senior Managers of
Australian and New Zealand Forensic Laboratories
22
Chapter 3
3.5.4 CrimTrac
Table 3.2 SMANZEL groups
Specialist advisory groups Scientific working groups
Biology
Chemical criminalistics
Document examination
Electronic evidence
Statistics and interpretation
Audio/video analysis
Digital imaging
Computer forensics
Field and identification
sciences
Blood pattern analysis
Crime scene investigation
Fingerprint identification
Firearms examination
CrimTrac (www.crimtrac.gov.au) was established in
2000 under an Inter-Governmental Agreement (IGA)
between the Commonwealth of Australia and each of
Australia’s police agencies. The goal of CrimTrac is to
enhance Australian policing and law enforcement with
an emphasis on information based policing facilitated
through rapid access to detailed, current and accurate
police and law enforcement information.
From a forensic science perspective, CrimTrac supports and manages the national fingerprint database
(NAFIS) and the national DNA database (NCIDD).
Impressions
Illicit drugs
Medical sciences
Anthropology
Entomology
Mortuary sciences
Odontology (Pathology)
(SMANZFL) and their Specialist Advisory Groups
(SAGs)
r The establishment of partnerships with universities
for joint research and development projects
r The development and delivery of an annual, national
practitioner workshop program for the purposes of
knowledge and technology transfer.
3.5.3 The Australian and New Zealand
Forensic Science Society (ANZFSS)
The ANZFSS (www.anzfss.org) is a learned society with
branches in all jurisdictions. It is managed by an Executive. The Australian Forensic Science Society was formed
in 1971 with the aim of bringing together scientists,
police, criminalists, pathologists, and members of the
legal profession actively involved with the forensic sciences. It became ANZFSS in 1988 with the recognition
of New Zealand membership.
The Society’s objectives are to enhance the quality of forensic science by providing symposia, lectures,
discussions and demonstrations encompassing the various disciplines within the science. Each Branch organizes regular meetings for its members and every
second year a Branch, in conjunction with the Executive, takes responsibility for convening an International
Symposium on the Forensic Sciences. These Symposia
are world class with delegate numbers upwards of 800.
3.5.5 The National Association of Testing
Authorities (NATA)
Established in 1947, NATA (www.nata.asn.au) is the
world’s first comprehensive laboratory accreditation
body. It is the authority responsible for the accreditation of laboratories, inspection bodies, calibration
services, producers of certified reference materials
and proficiency testing scheme providers throughout
Australia. It is also Australia’s compliance monitoring
authority for the OECD Principles of GLP.
NATA provides, amongst other programs, a forensic science accreditation program whereby participating facilities are accredited to ISO/IEC Standard 17025.
The Forensic Science Accreditation Advisory Committee
(FSAAC), which includes a number of very experienced
forensic science practitioners, provides technical advice
to NATA from a forensic science perspective.
The vast majority of government forensic science service providers, including the “field sciences” service
providers are accredited through the NATA program.
3.6 Integration of forensic science
Mention has already been made about the fragmented
approach in a number of jurisdictions. This results in
different service providers providing reports for different
forensic science disciplines in the one case. Other jurisdictions have a much more integrated system although
“silos” do exist between the different disciplines, even
where there is greater integration.
For homicide cases in most jurisdictions there will be
case conferences involving different forensic disciplines
(e.g. pathology, crime scene, biology and criminalistics)
Australia
and police investigators. These conferences are designed
to determine the most efficient form of forensic investigation. For other case types such conferences would
occur rarely if at all.
Meaningful communication between science, medicine, law and law enforcement with respect to the investigation of criminal cases is limited in most jurisdictions.
3.7 Recruitment
To some extent, the recruitment method will be dependent on the forensic discipline. Traditionally practitioners in disciplines such as crime scene investigation,
fingerprints and ballistics are recruited from within
policing. This is changing in that in a limited number
of jurisdictions, civilian university graduates are being
recruited for these disciplines.
For the laboratory sciences, recruits require the minimum of a bachelor of science (BSc) but many recruits
have higher degrees.
It is similar for the medical sciences with science or
medical degrees, depending on the discipline, being the
minimum requirement for employment.
3.8 Training
In relation to forensic medicine the following applies:
Forensic pathology. This is a subspecialty of pathology, with practitioners almost always having some
training in anatomical pathology as well as forensic
pathology. Five years of supervised training in institutions accredited for the purpose and a specified
curriculum are accompanied by examinations and
various requirements in terms of experience. Success in the various examinations and completion of
the required periods of experience earns Fellowship
of the Royal College of Pathologists of Australasia,
which represents achievement of specialty status. In
recent years, the College has established a faculty
for oromaxillary pathologists (a pathway to which
exists from dentistry), a subgroup of which is for
forensic odontologists, a discipline now also recognized by the Australian Health Practitioner Regulation Agency.
Clinical Forensic Medicine. In Australia, this service area covers different fields in different states.
23
These fields include forensic aspects of the response
to sexual assault; adult and paediatric physical
assault; alcohol, drugs and driving; medical fitness to drive; fitness to be detained and/or interviewed by police; fitness to give evidence in
court. In Victoria these services (with the exception of paediatric assault) are provided by forensic physicians at the VIFM. In other states they are
provided from a mix of sexual assault physicians,
general practice, emergency physicians and in NSW
a small group of doctors employed by the police
force. As with forensic odontology, the Royal College of Pathologists of Australasia is in the process
of implementing a policy decision to create a faculty for clinical forensic medicine. This will lead
to a structured postgraduate training program with
assessment in accordance with a comprehensive
curriculum.
In forensic science, training is to some extent discipline specific.
There are national training programs either in place
or in development for the disciplines of crime
scene investigation, blood pattern analysis, fingerprint identification, firearms examination and
document examination. These programs are currently delivered outside the university sector.
However, they are under review and are likely
to be recognized as equivalent to a university
degree.
There are a number of universities that offer forensic science programs. The undergraduate programs generally have a heavy focus on science
and include forensic science related units. The
postgraduate programs such as Masters Degrees
are more heavily focused on forensic science. In
some universities, the forensic science programs
have reached a stage of maturity where PhD studies and postdoctoral positions are offered.
Following recruitment, irrespective of new recruits’
qualifications, in-house training is also part of the
education and training process. In most facilities
the in-house training programs are well structured and involve assessment prior to endorsement for each new skill or competency.
Training records are kept for each practitioner as
part of the accreditation process.
24
Chapter 3
3.9 Funding
Funding for forensic science service provision is the
responsibility of the government in each jurisdiction.
In a minority of jurisdictions, police pay for some services (e.g. DNA) albeit provided through another government department. A very limited amount of forensic
work is outsourced to private companies by government
laboratories.
Infrastructure funding such as expensive equipment,
building additions/renovations or new buildings are subject to a separate funding submission to government
over and above annual budgets.
There is no dedicated commonwealth government
funding for routine forensic services within the States
and Territories with the exception of the Australian
Capital Territory. However, there have been occasions
where commonwealth funding has been available for
forensic science projects. A recent example of this was
the development of a central core of forensic science
standards for collection, analysis, interpretation and
reporting.
3.10 Political influences
Political influence on forensic science service provision
is generally limited. However, there have been occasions where forensic failures, some of which are set out
above, have led to enquiries and Royal Commissions
with the outcome of these resulting in political decisions
for change.
Government priorities, particularly during election
campaigns, can also have an impact. For example, a
political platform on law reform may result in additional
funding for the forensic sciences.
Law reform is another example. Changes in legislation
related to DNA or fingerprint databases often occur as a
result of political policies.
3.11 Certification
There is a national certification program for the disciplines of crime scene investigation, fingerprint identification and firearms examination. The program is
administered by the Australasian Forensic Field Science
Accreditation Board (AFFSAB) under the auspices of
ANZPAA NIFS.
A prerequisite for certification is the national qualification or its equivalent. Following completion of
that qualification, practitioners are assessed within their
jurisdiction as to whether or not they have the required
skills and knowledge for certification.
The certification process consists of a series of written,
practical and oral examinations (including moot courts),
which are assessed by both internal and external (from
another jurisdiction) assessors.
Re-certification is on an annual basis and determined
by the performance of the practitioner in proficiency
tests, assessment by the supervisor and endorsement by
the director/OIC of the facility. Every fifth year there is a
more rigorous re-certification process based on a points
system.
There is no certification program in place for other disciplines at this time.
3.12 Laboratory accreditation/quality
control
With only one exception, all of the primary government forensic science service providers are accredited to the Standard ISO/IEC 17025. The accreditation
provider is NATA. The program is voluntary with full
re-assessments every third year and a quality systems
assessment every eighteen months.
In addition to the ISO/IEC 17025 Standard, there are
also the NATA supplementary requirements for accreditation, which are taken into consideration at assessment.
Most recently, in conjunction with Standards Australia,
the forensic community has developed a set of four core
forensic science standards; AS 5388 Forensic Analysis
comprising:
r Recognition, recording, recovery and storage of
material
r Analysis and examination of material
r Interpretation
r Reporting.
A comparative analysis of ISO/IEC 17025, the NATA
supplementary requirements and AS 5388 has been
undertaken to identify any duplication for both compliance and assessment purposes.
Australia
3.13 Technology
One of the key issues related to technology is that of
information technology(IT) and, in particular, item and
data management. While forensic facilities have some
form of information management system they are often
different to the main system of the larger organization.
At present, there are also significant differences between
the jurisdictions with respect to IT systems although a
project to examine this situation has just begun.
As mentioned previously, the procurement of large
items of equipment are generally the subject of separate budget submissions, but, in general, Australian laboratories are well equipped. Also, because of national
discussion within the SAGs and SWGs there is some uniformity in the technology used. This is particularly so
with DNA profiling.
There is a trend towards miniaturisation and mobility of technology with a view to undertaking more
at-scene testing and with fingerprints, for example, electronic capture, transport and analysis of latent prints
located in the field.
25
chemical attack. As with ADVIC, they are also involved
in training on a national basis to ensure complementary
skills.
3.15 Legal issues
Because of its British heritage, Australia has an adversarial legal system although the range and level of courts
vary between jurisdictions.
In the vast majority of instances, the government
forensic science facilities will be engaged by the police
early in an investigation and are generally called by the
prosecution if they are required to present evidence in
court.
While most forensic scientists would prefer to confer
with the prosecutor and defence counsel prior to court,
particularly in more complex cases, this rarely happens.
Increasingly courts are permitting the use of electronic
aids in the court room to support expert testimony and
there are provisions in some courts for presentation by
video link. However, this is not generally encouraged by
legal counsel.
3.14 Disaster preparedness
3.16 Research
As mentioned previously, ADVIC (ANZPAA Disaster
Victim Identification Committee) is a group that is
overseen by ANZPAA NIFS. It has a good history of promoting disaster preparedness in all jurisdictions. ADVIC
consists of the DVI Commander (police officer) from
each jurisdiction, scientific representatives from the
disciplines of biology (DNA), anthropology, odontology
and mortuary sciences, and a representative of the
military.
National training courses have resulted in practitioners across the country having common knowledge and
skills related to DVI and a depth of experience in the Asia
Pacific region from instances of bombings, tsunamis,
earthquakes and bush fires. ADVIC works very closely
with Interpol and has had significant input to, and
adopted, the Interpol guidelines for DVI.
CWALN (Chemical Warfare Agent Laboratory Network) also meets under the auspices of ANZPAA NIFS.
One of the key roles of CWALN is to develop and maintain knowledge, skills and readiness for a potential
ANZPAA NIFS recently completed a survey of directors
and those in charge of forensic facilities. One purpose
was to learn what the key road blocks were to R&D in
forensic science. The common points were:
r Limited funding
r Limited time
r Lack of research experience
r Difficulties in operationalizing outcomes.
In the development of an R&D strategy, NIFS reported
three categories of research (Kirkbride, 2001):
r Technology adoption (e.g. validation of new methods)
r Technology extension (e.g. bringing technology from
other areas of science into forensic science)
r Technology (and knowledge) creation (e.g. invention
of new technology and discovery of knowledge).
To some extent, forensic science agencies are able to
successfully engage in the first two categories, perhaps
in partnership with academia at least for the second category. However, engagement with academia is all but
essential for the final category.
26
Chapter 3
The cooperation between forensic science service providers and academia in Australia is very productive.
One of the funding sources provided by the Australian
Research Council (ARC) is through Linkage Grants,
which stipulate industry/academic partnerships, and
forensic science has been successful in securing a significant number of these. They provide leverage for any
funding forensic science agencies have available.
These grants not only apply to “hard science” but also
to social science, and the forensic science community
has engaged with social scientists in a number of linkage grants with plans for future grant applications.
Current areas of research interest include:
r Next generation sequencing and rapid DNA
technology
r Fingerprint enhancement
r Pre- and post-blast explosive detection
r Cognitive processes and fingerprint identification
r Validation studies.
Forensic medicine research has been strongest in areas
overlapping with clinical medicine and health care generally. A strong research based contribution has come
from forensic toxicology based on a steady stream of
doctoral students. Productive collaborations with the
National Coronial Information System have been forged.
The NCIS now has over 200,000 coronial cases in its
database from all Australian jurisdictions since 2000,
with New Zealand joining in 2010. This system, accessible by any recognized academic or law enforcement
institution after formal application is made, is a powerful
resource whose significance and potential is gradually
becoming more recognized (www.ncis.org.au). In forensic pathology, research and development has focused
on defining and understanding the application of new
imaging technologies, molecular autopsy and ethics.
More is needed, but inherent limitations in much forensic pathology research, reliant as it is on descriptive retrospective studies, need to be overcome.
3.17 Future directions:
The bottom line is simple: In a number of forensic science disciplines,
forensic science professionals have yet to establish either the validity
of their approach or the accuracy of their conclusions, and the courts
have been utterly ineffective in addressing this problem. For a variety
of reasons—including the rules governing the admissibility of forensic evidence, the applicable standards governing appellate review of
trial court decisions, the limitations of the adversary process, and the
common lack of scientific expertise among judges and lawyers who
must try to comprehend and evaluate forensic evidence—the legal
system is ill-equipped to correct the problems of the forensic science
community (National Research Council, 2009).
This quote from the US National Research Council will
echo through forensic science, forensic medicine and the
courts all through the developed world for the foreseeable future. Our disciplines need to be paying heed – the
future is not going to be the same as the past, and nor
should it be.
The close association of forensic science with political
law and order agendas offers some protection from an
overall more constrained public budgetary environment
that is developing. Keeping budgets in robust shape will
be an important basis for dealing with the inevitably
fast developing technological environment. This will
involve:
r More, faster and cheaper at-scene testing
r The need for more validation and understanding of
error rates
r Developing stronger forensic contributions to
intelligence-led policing
r Strengthening forensic discipline specific responses to
the various hazards in the provision of expert advice
and evidence such as cognitive bias.
In forensic medicine, some developments will mirror trends in clinical medicine. So expensive is specialist
medical expertise, streamlining its use is likely to become
an emphasis. This means greater reliance on paramedical
skills and processes, and on technologies such as CT and
MRI to reduce dependence on the apparently expensive autopsy. Notwithstanding this, it is unlikely that
easy access to these technologies will become ubiquitous
and more traditional levels of reliance on autopsy will
remain in many services. Molecular autopsy will flourish, following in the footsteps of the myriad discoveries
in clinical medicine. Consolidation of the disciplines of
clinical forensic medicine and forensic odontology, with
each developing the recognized infrastructure of a medical and dental specialty respectively, will strengthen
the contribution of these areas of practice to the justice
system.
Acknowledgements
Associate Professor Johannes Du Flou and Associate
Professor Neil Langlois are thanked for contributing
Australia
forensic pathology figures from New South Wales and
South Australia respectively.
References
Attorney-General’s Reference to the Victorian Court of Appeal
concerning the conviction of Colin Campbell Ross (2007)
https://assets.justice.vic.gov.au/scv/resources/adeda430-db224e27-b96b-477c6a5c7e06/opinion+-+colin+campbell+ross.pdf.
Australian Bureau of Statistics (2012) Crime Victimisation in
Australia 2010–11.
Chamberlain Innocence Committee (1982) http://www.
lindychamberlain.com/files/Blue_Book.pdf.
Cordner, S. (1991) The Royal Commission into Aboriginal
Deaths in Custody. Aspects of medical interest. MJA 155: 812–
818, December 1991.
Johnston, E. (1991) Royal Commission into Aboriginal
Deaths in Custody. Available at: http://www.austlii.edu.au/
au/other/IndigLRes/rciadic/#national.
Kirkbride, K. (2001) The National Institute of Forensic Science
Innovation Strategy: “The advancement of science for justice”
(Unpublished. Available from NIFS).
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Lack, J., Morgan, K. (2005) Ross, Colin Campbell Eadie (1892–
1922) In: Australian Dictionary of Biography, Supplementary
Volume, Melbourne University Press.
Loff, B., Cordner, S. (2001) Death rate of Aborigines in prison
is increasing. Lancet 357 (9265): 1348.
Morling, J. (1987) Report of the Commissioner. Royal Commission
of Inquiry into Chamberlain Convictions, ISBN 0 7245 1298 5,
Government Printer of the Northern Territory.
National Institute of Forensic Science (2013) End to End Forensic Investigation Process Project (Unpublished. Available from
NIFS).
National Research Council (2009) Identifying the needs of the
forensic science community. In: Strengthening Forensic Science
in the United States: A Path Forward, National Academies Press,
Washington, DC, p. 53.
Northern Territory Magistrates Court (2012) Inquest into the
death of Azaria Chantel Loren Chamberlain (2012), NTMC
020.
Shannon, C. (1984) Royal Commission of Inquiry in Respect to the
Case of Edward Charles Splatt, Government Printer, Adelaide.
Vincent, F. (2010) Report on the Conviction of Mr Farah
Abdulkadir Jama. http://www.justice.vic.gov.au/home/jus
tice+system/laws+and+regulation/criminal+law/report+on+
the+conviction+of+mr+farah+abdulkadir+jama.
CHAPTER 4
Forensic sciences in Canada
Anny Sauvageau & Graham R. Jones
Office of the Chief Medical Examiner, Edmonton, Alberta, Canada
Canada
4.1 History of forensic science
in Canada
The history of forensic science in Canada is a distinguished one, boasting the first forensic laboratory in
North America and only the third in the world, after
the laboratories in Paris and Lyon in France. The Laboratoire de Recherches Médico-legales was opened in
Montreal in 1913. It pre-dated the Chicago Forensic
Laboratory and the FBI Laboratory (opened in 1932).
The first director was Dr. Wilfrid Derome, who
served until his death in 1931, and was succeeded
by Dr. Rosario Fontaine. In 1978 the laboratory was
divided into two units, the Laboratoire de Police Scientifique, which encompasses the most of the traditional
“crime lab” areas and the Laboratoire de Médicine
Légale, which includes forensic pathology and forensic
toxicology.
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
29
30
Chapter 4
The second forensic laboratory in Canada was the laboratory of the Attorney General of Ontario, in Toronto,
opened in 1932 with Dr. Edgar Frankish as head. In 1951
the laboratory was reorganized under the leadership of
Dr. H. Ward Smith. The laboratory was renamed the
Centre of Forensic Sciences in 1966. After Dr. Smith’s
untimely death in 1967, Doug Lucas took over and
served as the laboratory’s director until his retirement
27 years later. In 1975, the Centre moved to a much
larger 70,000 square foot building in Toronto and in
1992, in recognition of the huge tract of land that the
Toronto laboratory had to cover, the Northern Regional
Forensic Laboratory was opened in Sault Ste. Marie. In
2013 the Toronto forensic laboratory moved into a large,
modern facility that is shared with the Ontario Forensic
Pathology Service and the Office of the Chief Coroner.
The first Royal Canadian Mounted Police forensic laboratory was opened at the training center in
Regina, Saskatchewan, in 1937. The first director was
Dr. (Surgeon) Maurice Powers. Because the forensic
services had to cover most of Canada except for Ontario
and Quebec, laboratories were later opened in Ottawa,
Ontario (1942), Sackville, New Brunswick (1957),
Vancouver, British Columbia (1963), Edmonton,
Alberta (1967), Winnipeg, Manitoba (1970) and Halifax,
Nova Scotia (1978). Originally most of the laboratories
were “full service” in that they each covered the key
forensic science disciplines. However, in the mid-1990s,
services were regionalized and only 2 or 3 forensic
disciplines were covered in any given laboratory.
That reorganization of services included closure of the
Sackville laboratory. As of 2013, plans are in place
to further streamline forensic services by closing the
Halifax, Winnipeg and Regina laboratories. By 2015 the
RCMP Forensic Laboratory Services will be consolidated
in Vancouver, Edmonton and Ottawa.
4.2 Structure and funding
of Canadian forensic science
In Canada, death investigation and forensic science
is largely the responsibility of the ten provinces and
three territories, encompassing about 35.2 million population covering 9.984 million km2 . Although Canada
has a national police force (Royal Canadian Mounted
Police), provision of forensic science laboratory services
is based on policing agreements with each province or
territory. The two largest provinces, Ontario and Quebec, have their own forensic laboratories, the Centre of
Forensic Sciences in Toronto and Sault Ste. Marie, and
the Laboratoire de Sciences Judiciaires et de Médecine
Légale in Montreal, respectively. All other provinces
and territories have policing agreements that allow the
Royal Canadian Mounted Police and city or local police
forces to access the core Forensic Services of the Royal
Canadian Mounted Police. As such, funding for forensic science services is largely provincial (either directly
or through provincial policing agreements with the
Federal Government). The Royal Canadian Mounted
Police, individual provinces or territories and local police
forces will decide how funds are allocated to forensic services, based on demand and local budget realities. Some coroner/medical examiner systems have dedicated forensic toxicology laboratories, whereas others
do not. Some specialty services are provided by local
universities or other professionals (e.g. anthropology,
odontology, entomology), although generally forensic
services in Canada are not university based.
There is no central source of funding for conducting
forensic research in Canada. The majority of research
publications are casework based and resources are typically drawn from operational funds. In some cases, grant
money may be obtained on an ad hoc basis, most commonly when the research or discipline tends to be university based (e.g. anthropology).
4.3 Recruitment, training
and certification
Recruitment and training is a responsibility of the individual agencies and is rarely carried out at a national
level, with the possible exception of Royal Canadian
Mounted Police forensic scientists and technicians. Most
forensic scientists are recruited and trained locally, supplemented in some cases by additional training at a
fellowship level, as occurs for many forensic pathologists. Some training or further specialization may occur
through coursework or workshops, most often in the
United States. Forensic scientists in Canada are not
required to be certified in a specialty, except where
required by their primary qualification (e.g. physicians, engineers, dentists). However, a small number of
Canadian forensic scientists may voluntarily choose to
seek certification through US-based certifying bodies.
Forensic sciences in Canada
4.4 Forensic education in Canada
For the main forensic sciences, graduates in a bachelor
of science program most suited to the particular specialty
are still preferred (e.g. chemistry based for toxicology,
drug chemistry or forensic chemistry; a biology or genetics degree for a DNA specialist). While some universities
in Canada do offer forensic technology or forensic
science degree programs, these are often very broad in
scope and may lack an adequate foundation in basic
science for the core forensic science disciplines. Other
programs may be more general in nature and focused
more on criminal justice or crime scene criminalistics.
4.5 Laboratory accreditation
Canada does not currently require any of its forensic
services to be accredited. However, the Royal Canadian
Mounted Police forensic laboratories and the Laboratoire de Sciences Judiciaires et de Médecine Légale
are accredited under ISO/IEC 17025 by the Standards
Council of Canada. The Centre of Forensic Sciences is
accredited by the American Society of Crime Laboratory
Directors/Laboratory Accreditation Program (ASCLD/
LAB–ISO/IEC 17025-based) and two additional forensic
toxicology laboratories accredited through the American
Board of Forensic Toxicology (ABFT – the Alberta Office
of the Chief Medical Examiner Toxicology Laboratory
and the St. Boniface Hospital Toxicology Laboratory in
Winnipeg, Manitoba). Only one private laboratory in
Canada is currently offering a workplace drug testing
service that is accredited by the US agency SAMHSA
through the National Laboratory Certification Program.
Some private laboratories offering DNA services are also
accredited by the Standards Council of Canada under
ISO/IEC 17025.
4.6 Death investigation systems
in Canada
Two death investigation systems coexist in Canada:
the Coroner and the Medical Examiner System. The
vast majority of the provinces and territories of Canada
operates under a Coroner system: British Columbia,
Saskatchewan, Ontario, Quebec, Prince Edward Island,
New Brunswick, Yukon, Northwest Territories and
31
Nunavut. In Ontario and Prince Edward Island, coroners are physicians. In Quebec, coroners are physicians
or lawyers. In the other provinces with a coroner
system, the system is based on lay coroners.
A medical examiner system is present in four Canadian provinces: Alberta, Manitoba, Nova Scotia and
Newfoundland. In Alberta, Nova Scotia and Newfoundland, all medical examiners are forensic pathologists. In
Manitoba, forensic pathologists act as the main medical
examiners, with the use of nonforensic pathologists as
local medical examiners outside the main urban areas.
In provinces with a coroner system, autopsies are
performed at the request of the coroner. In British
Columbia, Saskatchewan, Ontario and Quebec, forensic
pathologists are available to assist the coroners by performing autopsies. In the other provinces and territories with a coroner system (Prince Edward Island, New
Brunswick, Yukon, Northwest Territories and Nunavut),
the bodies can be sent to a neighboring province for
forensic pathology autopsies (several different agreements of services are in place to this effect).
Considering the vastness of Canadian lands and the
scarcity of the population in several areas it is not possible to have forensic pathologists in every province or
territory (90% of Canada’s population is concentrated
in a narrow band in the southern regions near the USA
border, with only 10% of the population inhabiting the
vast lands of the north). A medical examiner system
composed exclusively of forensic pathologists or even a
physician coroner system is not a realistic option in most
provinces or territories of Canada.
There is currently no accreditation system in Canada
and no standards of practice for death investigation.
The Canadian Association of the Chief Coroners and
Chief Medical Examiners has set up a working group to
develop such standards and explore the feasibility of a
Canadian accreditation system.
4.7 Forensic pathology
The Royal College of Physicians and Surgeons of Canada
defines forensic pathology as a subspecialty of Anatomical Pathology and General Pathology that applies basic
pathology principles and methodologies of these specialties to support the medicolegal and judicial systems in
determining causes and manners of death, supporting
the investigation of circumstances surrounding deaths
32
Chapter 4
and assisting in the interpretation of postmortem findings of medical legal significance.
The Royal College of Physicians and Surgeons of
Canada recognized forensic pathology as a subspecialty
of Anatomical or General Pathology in 2003. In 2004, a
working group was mandated to work on the development of the new subspecialty. The working group met
from 2004 to 2007, at which point the specialty became
a reality and the first program was developed in 2008.
Currently, there are three accredited programs of forensic pathology in Canada: the training program is offered
at the University of Toronto, the University of Alberta
and McMaster University.
Prior to this official recognition of forensic pathology by the Royal College of Physicians and Surgeons
of Canada, many Canadians were working in the field
of forensic pathology and had gained qualifications and
recognition of their expertise through other mechanisms
such as training in other countries or training in Canada
combined with years of experience.
Since 2009, all new forensic pathologists in Canada
must be trained in an accredited institution and pass the
board examination of the Royal College of Physicians
and Surgeons of Canada. For forensic pathologists who
trained before 2009, the Royal College of Physicians and
Surgeons of Canada is offering an option to challenge
the board examination through a peer evaluation route.
The Royal College of Physicians and Surgeons of Canada
also offered a Founder designation to the members of
the first subspecialty committee and examination board,
in recognition of their work in the development of the
new subspecialty.
Forensic pathologists are present in most provinces
of Canada (British Columbia, Alberta, Saskatchewan,
Manitoba, Ontario, Quebec, Nova Scotia and Newfoundland) with the exception of Prince Edward Island,
New Brunswick and the Territories. Forensic pathologists work in different settings depending on the
provinces: full time forensic pathologists, combined
forensic and anatomical pathology practice (autopsy and
surgical pathology), leaders of the death investigation
system, with a small number of private consultants
(mainly to be found in the retired population). The number of forensic pathologists is insufficient to meet the
needs, and international recruitment (mainly the USA
and the UK) is not rare. However, with the recent creation of three training programs, it is most likely that
Canada will be able to train the future generation of
forensic pathologists and will be able to produce enough
forensic pathologists to fill the market need.
4.8 Forensic anthropology
In Canada, there are no recognized dedicated training
programs or certification in forensic anthropology.
Since academic anthropology does not recognize forensic anthropology as a subsection, the presence of forensic
anthropologists in universities is limited and research
suffers from a lack of funding.
Forensic anthropologists played a major role in
Canada in developing the earliest undergraduate programs in forensic sciences. However, it remains impossible at this time to obtain a graduate degree in the field.
Most forensic anthropologists working in Canada are
part-time consultants offering their services to police
agencies, coroner/medical examiner services or forensic
pathology services. The only full time forensic anthropologist is working in Ontario; in all other provinces,
forensic anthropologists, if available, are consulted on
a case-by-case basis, usually as fee-for-service. The
work will be conducted either directly at the scene or
in morgue facilities shared with pathologists (hospital
based or in forensic centers). Three provinces have built
dedicated forensic anthropology spaces: Ontario, British
Columbia and Quebec.
In Canada, forensic anthropology still suffers from a
lack of official recognition as a subspecialty of anthropology. There is no national professional organization,
no accreditation, and no professional standards. To compensate, several forensic anthropologists will turn to US
standards.
Because of a lack of recognition and standardization,
the education and qualification of anthropologists presenting themselves as forensic anthropologists varies
greatly. In most cases, they are physical or biological
anthropologists and/or archeologists who have full time
positions as academics, with a Masters or PhD degree
in a nonforensic discipline (anthropology or archeology). The forensic training varies from extensive education and experience from hands-on work in local or
international settings, to very little practical experience
and a learn-as-you-go situation.
In many parts of Canada, a great part of the traditional forensic anthropology work is provided directly
by forensic pathologists: determination of animal versus
Forensic sciences in Canada
human bones, determination of whether human
remains are of historical or forensic interest, recovery
and interpretation of human remains at the scene, and
documentation and interpretation of injuries and tool
marks on bone. Even in provinces where forensic
anthropologists are available, the work most often will
be initiated by a forensic pathologist and a forensic
anthropologist will be consulted if needed at a later
stage in more complex cases.
4.9 Forensic odontology
In Canada, the Royal College of Dentists of Canada does
not recognize forensic odontology as a subspecialty, and
therefore there is no official accreditation or national
standards. To address this lack of Canadian standards,
several forensic odontologists have sought US board
certification.
The expertise of forensic odontologists in Canada is
requested by coroners or medical examiners, forensic pathologists or police agencies mainly to identify
remains through dental records or for the identification of bite marks. Forensic odontologists in Canada are
usually part time fee-for-service consultants who will
offer their services after hours from their main professional activity as private practice dentists. The training
and experience of Canadian forensic odontologists varies
widely, from forensic odontologists with training in the
USA and board certification, to dentists having attended
only a few days of courses and with limited practical
experience.
In British Columbia, there is a team of forensic odontologists called the B.C. Forensic Odontology Response
Team (BC-FORT). This team is composed of approximately 50 dentists and 40 allied dental staff. Alberta has
a team of five forensic odontologists providing fee-forservice consultation. About ten forensic odontologists
are part of the Province of Ontario Dental Identification
Team (PODIT). Forensic odontologists are also working
in Quebec, Manitoba and Nova Scotia.
Apart for the provincial presence of forensic odontologists, forensic odontologists are also to be found at the
national level in the Canadian Armed Forces. The expertise of forensic odontologists in the military setting is
mainly focused towards disaster victim identification.
Because of the lack of official recognition of forensic
odontology in Canada by the regulatory board (the
33
Royal College of Dentists of Canada), there is no graduate program in the field. The forensic dentistry laboratory at McGill University offers a forensic dentistry
distance learning course primarily focused on human
bite-marks.
4.10 Forensic entomology
Only two forensic entomology facilities exist in Canada:
one in British Columbia at the Simon Fraser University
and one in Ontario at the University of Windsor.
Forensic entomologists are university professors contracted on a fee-for-service by police agencies, coroners, medical examiners or forensic pathologists. There
is no Canadian board certification or national standards.
To obtain certification, two forensic entomologists have
chosen to go south of the border to the American Board
of Forensic Entomology. Outside of these two recognized forensic entomologists, one in British Columbia
and one in Ontario, expertise in forensic entomology is
extremely limited in the rest of Canada.
The lack of graduate forensic programs, of certified
forensic entomologists and of funded forensic research,
is seriously jeopardizing the development of the field
in Canada. Forensic entomologists are rarely used to
their full capacity. In most provinces, forensic entomology is completely absent from death investigation. When
called, it is often too late – well after the scene has been
processed and the autopsy performed.
4.11 Forensic psychiatry
The Royal College of Physicians and Surgeons of Canada
defines forensic psychiatry as a psychiatric subspecialty
in which scientific and clinical expertise are applied to
issues in legal contexts embracing civil, criminal, correctional and legislative matters. Forensic psychiatrists also
have specialized expertise in the assessment and treatment of special populations, including young offenders,
sexual offenders and violent offenders.
The Royal College of Physicians and Surgeons of
Canada recognized forensic psychiatry as a subspecialty
of psychiatry in 2009. A strong community of forensic
psychiatrists was working in Canada before 2009, but
their expertise was not officially recognized as a subspecialty of general psychiatry.
34
Chapter 4
The first program was developed in 2012. Nowadays, accredited training programs are available in four
centers: University of Alberta, University of British
Columbia, University of Toronto and University of
Ottawa. After the completion of a postgraduate general
psychiatry residency program (five years), the trainees
complete one additional year in forensic psychiatry to
qualify for challenging the board examination.
It is estimated that Canada currently has an adequate numbers of trained forensic psychiatrists. The
work of forensic psychiatrists includes treatment and
assessment, with the majority of forensic psychiatrists
in Canada spending most of their time in performing
assessment and rehabilitation. One of the most important tasks of the forensic psychiatrist is to present opinions on the presence or absence of mental disorder
and on the individual’s ability to stand trial, along with
assessment of criminal responsibility and risk mitigations
strategies.
Forensic psychiatrists may work in various environments, from inpatient in a hospital setting, outpatient clinics outside of hospitals or correctional facilities. Forensic psychiatry in Canada functions in a particular legal framework, as there is a Federal Criminal Code but also Provincial Mental Health Acts. This
means that while the criminal code is standard across
the country, the work under the Mental Health Acts
can vary between provinces. Nevertheless, the work
between provinces is overall more similar than different.
4.12 Forensic psychology
and behavioral science
Forensic psychology is considered a branch of clinical psychology. Three Canadian universities are offering degrees in forensic psychology: two universities in
British Columbia (University of British Columbia and
Simon Fraser University) and one in Ontario (Carleton
University). Students are usually trained as clinical psychologists with a focus on the prison population. Very
few are working as profilers.
The Royal Canadian Mounted Police and a few other
police agencies have behavioral units. These specialists provide investigative behavioral tools such as criminal profiling, geographic profiling, truth verification
and identification of serial criminals through analyses
of reports on violent crimes. These specialists are most
often police officers who have later been trained and
gained experience in this particular field.
4.13 Forensic toxicology
As for most forensic services in Canada, toxicology is
largely provided by the Royal Canadian Mounted Police
and the provincial laboratories in Ontario (Center of
Forensic Sciences) and Quebec (Laboratoire de Sciences
Judiciaires et de Médecine Légale). The Center of Forensic Sciences provides virtually all forensic toxicology
services in Ontario, including coroner cases, impaired
driving toxicology (alcohol and drugs – so called driving
under the influence) and toxicology related to drug
facilitated crime. In Quebec, the Laboratoire de Sciences
Judiciaires et de Médecine Légale (translation: Forensic
Sciences and Legal Medicine Laboratory) handles virtually all toxicology related to criminal offences, although
the Centre de Toxicologie du Québec (translation:
Toxicology Center of Quebec) in Quebec City provides
service for most noncriminal medicolegal cases. Across
the rest of Canada, the Royal Canadian Mounted Police
Forensic Laboratory Service has a mandate to provide
crime-related toxicology, including driving under the
influence, drug facilitated crime and, in most jurisdictions except Alberta, toxicology on homicide victims.
The Royal Canadian Mounted Police currently has toxicology laboratories in Vancouver (province of British
Columbia), Edmonton (province of Alberta) and Ottawa
(province of Ontario). Provision of a routine medical
examiner or coroner toxicology services in provinces
outside of Ontario and Quebec varies considerably. In
British Columbia, services are provided by the Provincial Toxicology Center, under contract to the British
Columbia Coroner’s Service. In Alberta, the Office of
the Chief Medical Examiner has its own toxicology
laboratory as part of global funding from Alberta Justice
and Solicitor General. The Saskatchewan Coroner’s Service toxicology is provided largely by the Saskatchewan
Disease Control Laboratory as a provincially funded
service. Toxicology for the Manitoba Office of the Chief
Medical Examiner is provided under contract by the St.
Boniface Hospital Clinical Laboratory. A toxicology service across the maritime provinces of New Brunswick,
Nova Scotia, Prince Edward Island and Newfoundland
is provided by a mix of clinical laboratories and testing
referred out to private laboratories (mainly in the USA).
Forensic sciences in Canada
Toxicology for the northern territories (Yukon, Northwest Territories and Nunavut) is mostly provided by
one of the laboratories in British Columbia or Alberta.
4.14 Questioned documents
Questioned document examiners in Canada are employed in private practice, or in one of the three major
forensic laboratories (Royal Canadian Mounted Police,
Center of Forensic Sciences in Ontario or the Laboratoire de Sciences Judiciaires et de Médecine Légale in
Quebec). Due to the long period of training required to
become generally recognized or certified as a questioned
document examiner, most practitioners train and work
for many years in one of the government laboratories.
A significant number of private practitioners will have
previously trained during government service and
later resigned to enter private practice. As for most
forensic scientists, questioned document examiners
in Canada establish their professional credibility via
membership and affiliation with questioned document
sections of one of the forensic membership organizations (Canadian Society of Forensic Science, American
Academy of Forensic Sciences) or the American Society
of Questioned Document Examiners, or certification by
the US-based American Board of Questioned Document
Examiners. Training is typically through peer-based
mentorship and attendance at specialized workshops
hosted by one of the forensic membership organizations.
35
DNA and mitochondrial DNA. Virtually all human
crime-related DNA testing is performed by the Royal
Canadian Mounted Police, Centre of Forensic Sciences
or Laboratoire de Sciences Judiciaires et de Médecine
Légale. Forensic scientists from Canada worked with
their colleagues from the USA in the late 1980s and
early 1990s to develop guidelines and standards of practice for forensic DNA analysis, ultimately culminating in
the Scientific Working Group on DNA Analysis Methods
(SWGDAM). SWGDAM has become the standard for
forensic DNA analysis for laboratories throughout North
America. Canada has developed a National DNA Data
Bank that all public sector laboratories contribute to. The
databank supports police investigations across Canada
and internationally through a sharing agreement with
Interpol.
In addition to public sector laboratories, a small number of accredited private laboratories also provide specialized forensic DNA services, including mitochondrial
DNA and SNP-phenotype services. Specialized wildlife
forensic DNA services are provided by laboratories of the
Alberta Government in Edmonton, as well as Trent University in Ontario.
Forensic DNA laboratories in Canada are all accredited, either by the Standards Council of Canada or American Society of Crime Laboratory Directors/Laboratory
Accreditation Board, both of which incorporate critical
elements of the SWGDAM guidelines.
4.17 Forensic chemistry
4.15 Criminalistics
In the USA, traditional “crime laboratory” forensic testing, excluding toxicology, is clustered under the heading
of “criminalistics”. However, in Canada, the term is not
generally used and the various areas are identified separately as forensic biology (mostly DNA-related testing),
forensic chemistry, forensic physical sciences (including firearms, impression analysis, blood pattern analysis)
and analysis of seized drugs.
As for forensic biology, forensic chemistry is primarily
conducted by the three main laboratory systems, the
Royal Canadian Mounted Police, Centre of Forensic
Sciences and Laboratoire de Sciences Judiciaires et de
Médecine Légale. Forensic chemistry includes such tasks
as the analysis of accelerants in arson investigations,
paint chip analysis involving such crimes as hit-and-run,
and other miscellaneous physical and chemical testing
that does not involve drugs, such as of the analysis of
glass, fibres and other physical evidence.
4.16 Forensic biology
4.18 Firearms and toolmark analysis
Forensic biology in Canada predominantly involves
DNA testing of some type such as STR DNA, nuclear
Firearm and toolmark testing is carried out by the
three major forensic laboratory systems (Royal Canadian
36
Chapter 4
Mounted Police, Centre of Forensic Sciences, Laboratoire de Sciences Judiciaires et de Médecine Légale), but
may also be conducted by the forensic services of some
major police forces. The requirement to have a specialized test firing range and such equipment as an electron
microscope necessarily limits the type of testing that can
be performed by smaller forensic facilities.
4.19 Crime scene investigation
Throughout most of Canada, crime scene investigation
and associated evidence collection, including fingerprint
and latent print evidence, is the responsibility of the
investigating police force. Most medium to large police
forces have a forensic investigation unit, as necessary
supported by the Royal Canadian Mounted Police or
the two major provincial police forces in Ontario and
Quebec. The identification (“ident”) officers staffing
these units may also be responsible for the examination
of physical and impression evidence such are boot or
tire impressions.
Blood pattern analysts may be employees of the major
Canadian laboratories or a major police force.
4.20 Drug chemistry
The identification, and as necessary the quantification,
of controlled drugs in Canada falls under the jurisdiction of the Health Canada Drug Analysis Service (DAS).
These drug chemists are appointed and certified to issue
legal certificates that document their findings. While
some police forces may employ chemical field tests to
aid their investigation, authority to issue legally binding certificates of analysis for drug seizures rests with
the DAS chemists. Health Canada operates the DAS
in British Columbia, Winnipeg, Toronto and Montreal.
DAS chemists also provide expertise to police regarding
the hazards of illicit drug labs, and the type of drugs that
may be synthesized in them, based on the precursors and
reagents found.
4.21 Engineering sciences
There is no special requirement to practice forensic
engineering in Canada beyond the usual education and
professional requirements to practice as an engineer in
the local jurisdiction. Usually that requires a minimum
4-year degree in a basic engineering specialty (e.g. electrical, mechanical), followed by 4 years of engineering
practice under the supervision of a registered engineer
and subsequent registration as a Professional Engineer
in the province of practice. There is no requirement for
specific certification as a forensic engineer in Canada,
although some forensic engineers may be a member of
the Canadian Society of Forensic Science.
4.22 Digital and multimedia sciences
The area of “digital and multimedia sciences” is relatively
new as a forensic specialty, although so-called “computer forensics” has been recognized for many years, but
has been expanded to include a broader range of digital media and information technology areas. Canadian
forensic experts in this area may reside within universities, the major forensic laboratories, forensic units of
large police forces, or within the private domain. Expertise is usually recognized by virtue of appropriate college or university education in information technology
or computer sciences and extensive experience in the
specific field of expertise.
4.23 Boards of inquiry
4.23.1 Kaufman Inquiry
This was a judicial inquiry called to examine the circumstances in which Guy Paul Morin was falsely convicted and jailed for the murder of a 9-year-old girl who
lived next door to him. The young girl was murdered
on or after October 3, 1984 and after investigation by
police and examination of trace evidence, Mr. Morin
was charged. He was tried and acquitted in 1986, but a
new trial was ordered and Mr. Morin was subsequently
found guilty of first degree murder. He appealed, and on
January 23, 1995, on the basis of fresh DNA evidence, he
was acquitted of the charge. Scientific evidence tendered
in the original trial involved hair and fiber comparisons
and the reported finding of an “indication” of blood. The
inquiry judge, the Honorable Fred Kaufman, was critical
of the vague way the forensic results were expressed and
communicated to the investigating police, and the fact
Forensic sciences in Canada
that the strength and weakness of the forensic findings
was not properly explained to them. At the conclusion of
the 146-day inquiry in 1997, Judge Kaufman made 119
recommendations, 35 of which concerned the forensic
evidence.
2.
3.
4.23.2 Goudge Inquiry
The Goudge Inquiry was an inquiry into pediatric forensic pathology in Ontario held by Justice Stephen T.
Goudge from November 2007 to the early months of
2008, with the release of the report on October 1, 2008.
The inquiry looked at systemic problems in the handling
of criminally suspicious deaths of children in Ontario following the discovery of a large number of wrongful convictions based mainly on the work of Dr. Charles Randal
Smith, a pathologist from The Hospital for Sick Children
in Toronto. At the end of the inquiry, 169 recommendations were made to improve the death investigation
system in Ontario.
4.
5.
6.
7.
Further reading
8.
1. History of Forensic Science in Canada, in Virtual Museum of
Canada. http://www.museevirtuel-virtualmuseum.ca/edu/
37
ViewLoitCollection.do;jsessionid=F9D756595EADE75794
CA03225F316ECB?method=preview&lang=EN&id=3491
(accessed February 28, 2014).
The Centre of Forensic Sciences (Ontario). http://www.csfs.
ca/eng/history/the-centre-of-forensic-sciences-ontario (accessed February 28, 2014).
Ontario Forensic Service and Coroners Complex.http://
www.mcscs.jus.gov.on.ca/english/ForensicServicesandCoro
nersComplex/Photos/FSCC_photos.html (accessed February 28, 2014).
History of the Royal Canadian Mounted Police Laboratory System. http://www.csfs.ca/eng/history/the-rcmp-labs
(accessed February 28, 2014).
All you wanted to know about forensic science in Canada
but didn’t know who to ask! http://www.csfs.ca/contentad
min/UserFiles/File/Booklet2007.pdf (accessed February 28,
2014).
Forensic Science in Canada. A Report of Multidisciplinary
Discussion. http://www.forensics.utoronto.ca/Assets/LMPF
+Digital+Assets/Forensic+Science+in+Canada.pdf (accessed
February 28, 2014).
Report of the Kaufman Commission on Proceedings
Involving Guy Paul Morin. http://www.attorneygeneral.jus.
gov.on.ca/english/about/pubs/morin/ (accessed February
28, 2014).
Inquiry into Pediatric Forensic Pathology in Ontario. http://
www.attorneygeneral.jus.gov.on.ca/inquiries/goudge/
report/index.html (accessed February 28, 2014).
CHAPTER 5
The Chilean Forensic Medical Service
Patricio Bustos Streeter & Marisol Intriago Leiva
Servicio Médico Legal, Santiago, Chile
Chile
5.1 Introduction
The Forensic Medical Service is a public body that
reports to the Ministry of Justice, with the objective of
giving technical and scientific advice to Chile’s Public
Prosecutor’s Office and the Law Courts in forensic
medical issues, forensic sciences and other areas specific
to its expertise.
Its vision and mission are to be the main scientific
and technical State institution of reference in legal and
forensic medical matters, working to ensure quality, efficiency, timeliness and objectivity, and providing a highly
qualified service, both to justice administration bodies
and the general public.
Furthermore, the institution is involved in scientific
research, educational and extra-curricular activities in
the areas related to its competencies (Servicio Médico
Legal, 2013).
This body is governed by Law 20,065 on the Modernization, Charter Regulation and Personnel Composition
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
39
40
Chapter 5
of the Forensic Medical Service, which establishes its
functions, organization, powers and the general provisions that regulate its functions.
At present, this forensic body has almost one thousand
officials in 38 offices throughout Chile, 15 in regional
capitals and 23 in provinces. All are part of a nationwide forensic network, promoted and strengthened by
the Forensic Medical Service by the creation of policies
to foster decentralization. This may be seen in the development of Reference Centers in the north, center and
south of Chile, which have a role as area headquarters to cover the demand for services throughout the
country.
As an advisory body to the Ministry of Justice, this
institution’s work consists of carrying out forensic
medical investigations in its different departments and
specialized areas. Its work focuses on four main areas:
Thanatology, Clinical Issues, Laboratories and Mental
Health.
It also responds to specific issues such as forensic identification in older corpses, in cases associated with the
victims of human rights violations, in emergency situations and large-scale disasters, as well as complex criminal matters (Servicio Médico Legal, 2013). This work is
done jointly and in cooperation with other assisting bodies from the justice system, such as Carabineros (Chilean
Police) and the Chilean Investigative Police.
5.2 History
The origins of forensic work in Chile date back to the first
half of the 19th century, when the University of Chile
Medical Faculty was created, which included a theoretical course on forensic medicine in its curriculum. However, this was a solely theoretical course.
Until then, and from a practical point of view, “city
doctors” took charge of carrying out thanatological
investigations, whether in morgues – in Santiago in the
center of the city, alongside the Public Prison – or in public venues for autopsies, exhibition and recognition of
bodies.
In 1901, the Ministry of Public Education named Dr.
Carlos Ybar de la Sierra Professor of Forensic Medicine at
the University of Chile. Ybar was an important character
in Chilean forensic medicine, as under his leadership,
which lasted until 1928, a new era in the teaching and
practice of this specialization began.
5.2.1 The crime at the German Legation
This was a mysterious police case at the beginning of the
20th century with a great impact on the development
of forensic sciences in Chile – particularly dentistry –
beginning a chain of events that led to the creation of
the Forensic Medical Service that we know today.
In February 1909, a huge fire broke out at the seat
of the German Imperial Legation, in the downtown of
Santiago. Once the fire was put out, among the ruins
a body was found dressed in the clothes and alongside some personnel belongings of the Chancellor of the
German Legation at the time, William Beckert, who was
presumed to be the victim.
At the Santiago Morgue, the doctors who carried out
the forensic medical autopsy reported that the death had
been caused by a complete live incineration.
A second autopsy, handled by University of Chile professors Max Westenhoffer and Otto Aichel, of German
nationality, and Dr. Aureliano Oyarzún, concluded
that “the death likely took place due to a hemorrhage
in the thoracic aorta caused by stabbing. The wound
in the brain, due to its seriousness, would have been
sufficient to cause death. All the alterations caused to
the cadaver by fire occurred after the victim’s death.”
That is, William Beckert was probably murdered (Ciocca
Gómez, 2009, p. 33).
Until then, the doorman, Exequiel Tapia, had been
suspected, who disappeared after the fire. The motive
was robbery, as 25,000 pesos were missing from the
German Legation’s safe. All this led to suspicions that
Tapia had probably been caught by Beckert while he
committed the robbery, murdered him and burnt down
the building while fleeing (Ciocca Gómez, 2009). However, the local press reported that a witness had vouched
for William Beckert the same night the tragedy occurred.
These doubts led to the presiding judge to order
the director of the University of Chile School of
Dentistry, Dr. German Valenzuela Basterrica, to examine the cadaver’s oral cavity. The report established that
the teeth examined were almost complete, with only
one cavity. Given the absence of decay, they belonged to
a young person, which did not match the dental background of the supposed victim, who had had, according
to his dentist, five extractions, eight fillings with different metals and a gold crown. The document concluded
that the cadaver could not belong to William Beckert. A
search began concluding with his detention as he tried
to escape the country. The legal investigation established
The Chilean Forensic Medical Service
Figure 5.1 Construction of the Medical Legal Institute, the area
that housed the autopsy room, 1922.
that he had assassinated Exequiel Tapia, put his own
clothes on him, and left objects near the cadaver to
arouse suspicion that Beckert was the deceased. Then he
had caused the fire in the Legation – all in order to cover
up the robbery from the safe. Beckert was sentenced to
death and executed on July 5, 1910.
These events created an intense public debate on the
weaknesses of forensic practice, which led the Government to request a report from the University of Chile,
where university leaders requested 100,000 pesos to
review the procedures of the morgue. Dr. Carlos Ybar
travelled to Europe to learn how institutions in Paris,
Berne, Vienna, Berlin and Copenhagen operated, taking notes and even drafting plans that could be useful
and necessary for the construction of Chile’s first Forensic Medical Institute.
According to Dr. Ybar, this Forensic Medical Institute
should have at least one morgue with all the related
facilities, a toxicology laboratory, a room for autopsies,
another for blood tests and microscopic cultures, an area
for a library, a room for classes and a museum. Driven by
the urgency to create new infrastructure, he oversaw the
State’s acquisition of land a few meters from the General
Cemetery, on Avenida La Paz, in Independencia district.
The transfer of the Santiago Morgue to its new installations was ordered by Regulatory Decree No. 1851 of
August 30, 1915. Furthermore, the management of the
Forensic Medical Institute was given to the professor
for forensic medicine course at the University of Chile.
This structure ensured continuity between the teaching,
research and investigating roles (Figure 5.1).
41
The importance of practical medical education was
also laid down in this decree, stating that “it is important… to provide facilities not only in accordance with
the technical rules for this type of establishment but also
to make the most of its existence in the teaching of forensic medicine.”
In turn, it was that this body should be able to carry
out exams on people with mental disturbances that had
previously been done by forensic doctors at the Casa de
Orates.
The document that created the Forensic Medical
Institute is Decree Law No. 646 of the Ministry of
Public Education, dated October 17, 1925 whose 1st
article states that “the Forensic Medical Institute has
two fundamental purposes: to serve Justice with all the
means necessary and to teach forensic medicine at the
Medical Faculty.”
With regards to teaching, it states that all units “shall
take part in teaching of Forensic Medicine,” and in its
6th article that “All medical staff, including those who
work outside the central establishment, shall be considered teaching assistants of the professor of Forensic
Medicine.”
The charter of the “Dr. Carlos Ybar” Forensic Medical Institute and Forensic Medical Services of 1943,
states in its 1st article that “the Dr. Carlos Ybar Forensic
Medicine Institute shall be the central establishment for
all Forensic Medical Services in Chile, and consequently,
all forensic doctors, morgues and their personnel, shall
report to it.” As well as establishing responsibility for
all investigatory matters, it also describes teaching tasks,
as its 2nd article states: “The Forensic Medical Institute
shall participate in forensic medicine lectures at forensic science, medical science and legal and social science
faculties using all the elements applicable for teaching
forensic medicine.”
In 1930 the Forensic Medicine Institute left the
purview of the University of Chile to become dependent on the Ministry of Justice under Decree Law No.
2175 of August 21, on the reorganization of the Forensic Medicine Institute and the services that report to it.
Decree No. 196 of March 25, 1960 lays down the
text of the organic law of the current Forensic Medical
Service (SML, in Spanish), confirming its teaching role
and adding promotion of scientific investigation in
forensic medical matters and establishing and maintaining museums and collections of pieces and items related
with forensic medicine (articles 2 and 3). Therefore, in
42
Chapter 5
addition to its investigatory work, training and scientific
research is deeply rooted in the institution’s identity.
5.2.2 Military coup
It is impossible to refer to the development of any aspect
of public institutions in Chile without referring to the
violent and abrupt break in democracy that occurred on
September 11, 1973. The military coup by the Armed
Forces with the support of significant economic groups
in our country ended the expansion of civil rights that
had been taking place in Chile until then. The assassination and massive disappearance of supporters of
Salvador Allende’s socialist regime, and the civil population, was followed by organized terror which still divides
Chilean society today, where illegal detentions, torture
and forced disappearance and exile became institutionalized. From a social and economic process encouraging
participation and justice for traditionally excluded members of society, Chile moved to a liberal economic philosophy, focused on self-regulation by the market and
the weakening of the State and public services, widening gaps and social and economic inequalities.
After a plebiscite in 1988, the return to democracy
revealed the horror experienced by thousands of families, albeit timidly and under military tutelage. Despite
their fear and the dangers involved, these families organized a search for their disappeared family members and
for truth and justice.
From the beginning of the 1990s, archeologists and
anthropologists have joined this effort, voluntarily and
with very little legal support, collaborating in the search
for and recovery of the skeletal remains of victims illegally buried in cemeteries, gorges, mining shafts, ovens,
military terrains and desert plains, among other sites.
Degree Memorandum “Disappeared Detainees in Chile –
the Archeology of a Denied Death”. Iván Cáceres Roque,
2011. In www.cybertesis.uchile.d/tesis/uchile/2011/cscaceres_i/pdfAmont/cs-caceres_i.pdf.
The Forensic Medical Service is responsible for
recovering and analyzing these remains, demanding a
methodological and technical skill, due to the scarce
development of forensic sciences in Chile and the complexity of the cases.
5.2.3 Patio 29
This is one of the most emblematic cases of the criminal
investigations associated with human rights violations.
As mentioned above, in the first few weeks after the
military coup, the civilian population in Santiago, the
capital of Chile, lived under siege. Anyone who did not
follow the orders of the military or uniformed police was
likely to be murdered and his or her body abandoned in
the street, thrown into the Mapocho River, at cemetery
gates or at the doors of the Forensic Medical Service.
Bodies accumulated in the latter’s facilities, barely
leaving time for autopsies and identifying them. In many
cases, they could not be delivered to their families and
were sent for burial at the General Cemetery, one of
Chile’s largest and oldest.
On many occasions they were buried with only a
number assigned to the unidentified body in the socalled patios – large spaces where people without economic resources for family tombs were temporarily
interred. Around 400 of these victims were buried in
the so-called Patio 29 according to the listing of Patio
29 issued by the General Cemetery of Santiago, June 24,
1991. Due to being temporary tombs, in 1979 the Cemetery began to remove their bodies to reuse the space.
In response, an Outreach Program by the Catholic
Church created to assist victims of the dictatorship
reported this situation to the Law Courts, achieving a
halt in this operation, which was only partially achieved:
a mere 108 graves belonging to nonidentified people
were respected.
In 1991, between September 2 and 14, a team of voluntary archeologists and anthropologists, who formed
the Forensic Anthropology Group (GAF, in Spanish),
carried out the exhumation of 107 tombs, where 125
bodies were found (in 1997 tomb 108 was exhumed,
reaching a total of 126 bodies). They were taken to
SML facilities, but it was not until 1992 and the dissolution of the GAF that this institution could begin
analyses to identify victims and the determination
of the cause and form of their death. In 2002, 96
people had been identified, using “traditional” anthropological methods, including the use of cranial-facial
superimposition. However, since 1994 doubts have
arisen on the quality of the processes and methodologies
used for these identifications, which were expressed and
gathered by minister Sergio Muñoz who ordered that the
forensic body carry out genetic analyses (of mitochondrial DNA) to verify the identifications made.
In April, 2006, the results showed that, of 94 cases
analyzed, 48 were exclusionary, 38 were uncertain and
the others had not given useful results for comparison.
Groups of families of victims of political violence
demanded of the Chilean State a set of concrete actions
to face this crisis, a radical response, leading to a
The Chilean Forensic Medical Service
scientific audit of the Forensic Medical Service. At that
time, the precarious status of the institution’s resources
was revealed and the scarce support for technical and
methodological development required to address highly
complex human rights cases and other areas. The
Chilean Government called an internationally recognized Expert Panel in diverse areas related to human
identification, which presented a proposal for the SML,
which was accepted by the State, leading to increased
budgets and staff, better infrastructure, creation of new
offices, development of accreditation and certification
programs, and the creation of a Human Rights Program.
The Human Rights Program was run over the 2007–
2010 period, and created a multidisciplinary investigatory technique, in order to ensure an integrated forensic
approach; implemented a communications policy for
families; created a Blood Sampling Center and a DNA
profile bank of families of disappeared detainees and
victims of political execution not returned to their
families, among other advances.
This working model is currently still being implemented by the Special Forensic Identification Unit, using
the same standards of quality, both in the case of victims
of human rights violations, other complex criminal situations and cases of massive disasters.
5.2.4 The Criminal Process Reform
One of the most important areas where social modernization was needed had to do with the modification of the criminal process, which was still inquisitive
in Chile. From 2000, the Criminal Proceedings Code
was drafted, laying down rules regulating criminal trials.
This legislation began the Criminal Proceedings Reform,
aiming to modernize the administration of justice and
enforce human rights standards in this area. It consists
of an accusatory, oral and public proceedings system,
in which functions are separated. On the one hand,
in one body prosecutors investigate the supposed criminal deed, under the purview of the Public Prosecutor, while on the other hand, a Criminal Trials Judge
ensures respect for constitutional guarantees throughout the procedure and a sentencing judge, the Oral
Judge, lays down the sentence after the trial.
In turn, a Public Criminal Defense body was created, composed of qualified State lawyers who defend a
person during the investigatory stage, guaranteeing the
constitutional right of access to justice by citizens.
The process has the following stages. The Investigation
is a nonjudicial stage carried out by investigators with
43
the collaboration of auxiliary justice bodies, such as the
police and the Forensic Medicine Service, to investigate
a criminal act. Then there is a Hearing to prepare for the
oral trial (an oral hearing before the criminal trials judge
where the crime to be judged and the responsibility of
the accused are established, and where the prosecutor
and defendant provide the evidence that will be given to
the oral judge in a trial as such). Finally, the Oral Trial (a
hearing with three oral judges who lay down a sentence,
on the basis of the evidence and allegations both of the
prosecutor and the defendant). In this context, the value
of tests and testimony of expert witnesses are presented
to the parties, representing an extensive challenge to the
abilities of the Forensic Medical Service, considering that
the justice reform process did not include structural or
financial modifications.
This reform was gradually applied in Chile, in different regions, ending in the Metropolitan Region in 2005.
From then on, any crime that is committed is governed
by the Criminal Proceedings Code, except cases before
this reform came into effect, which are governed by the
old criminal procedure.
5.2.5 Teaching and academic background
SML’s professionals come from the widest range of technical and scientific knowledge. Doctors, dentists, biochemists, psychologists, anthropologists, archeologists
and other professionals use the knowledge they have
acquired at the different Chilean academic institutions
that offer these degrees in the service of judicial investigation. However, in Chile, only the degree of Medicine,
taught in 2005 in 19 public and private academic bodies,
offered the Forensic Medicine course, and only the University of Chile offers it also as a specialization (González
et al., 2005).
In this scenario, even though forensic investigations
in Chile may be done by anyone named by the judicial
authority, only the Forensic Medical Service and crime
laboratories of both the Civil and Uniformed Police have
professionals with the specific experience and academic
backgrounds, and it is mainly in these institutions where
most of the research and development applied to the
forensic area takes place.
5.3 The modernization of the SML
Law 20,065, passed on October 4, 2005, which modernizes the Forensic Medical Service, establishes that the
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Chapter 5
position of national director shall be decided by means of
a contest by the Senior Public Administration, underlining the importance of experience and technical knowledge in the forensic area and in public administration.
Another relevant issue has been growth towards the
regions, especially with the creation of the Reference
Centers, which have contributed to the decentralization of the national headquarters. In 2007, the Northern Area Reference Center was opened, which responds
to requests from courts from the Arica and Parinacota
region to the Coquimbo region, in which blood alcohol,
toxicology, biochemistry, criminal DNA, simple cases
and filiation tests are carried out. In 2009, the Southern
Zone Reference Center was opened, covering the areas
from Maule to Magallanes, which carries out anthropological, toxicological and molecular biological investigations. In turn, the Valparaı́so forensic office is responsible
for the demand for its own and the Maule region.
Among the Forensic Medical Service’s strategic objectives is to respond effectively to requests made by the
bodies that administer justice and citizenship, emphasizing the modernization of institutional management at
the national level, reduction of response times, quality
of expert reports and service to citizens.
In this framework, it has been proposed to validate
their procedures by implementing a Quality Management System, in order to certify and accredit their
areas under ISO Standard 9001: 2008: “Quality Management Systems. Requirements,” implemented for operational management processes and for the Clinical Units
(Certification) and ISO Standard 17025: 2005: “General
Requirements for the Competence of Testing and Calibration Laboratories,” implemented only in Laboratories
(Accreditation).
As a result of this initiative, 12 technical forensic processes have been certified as of the present date in addition to 7 cross-cutting management support processes.
In turn, the processes for filiation exams at the Forensic
Genetics Laboratory are accredited, where the work is
ongoing.
5.4 SML technical areas
Thanatology, Clinical, Laboratories and Mental Health
are the four investigation departments in which the
Forensic Medical Service works. There are also other
special units created for specific and complementary
tasks, and an extra-curricular, investigation and teaching department.
The Thanatology Department is responsible for carrying out medical-legal autopsies to establish the cause of
death and identity of a deceased person. All the investigations carried out by this department are ordered by the
prosecutors in charge of the cases, who may also instruct
the release of the body and delivery to family members.
This department is present at all offices throughout the
country, where around 12 thousand autopsies are carried out at a nationwide level. The Histopathology Unit
comes under its purview, and collaborates in the search
for the information to clarify a cause of death by analyzing tissue at the microscopic level, while the Identification and Presumed Death Unit is designed to corroborate
the identity of the deceased when he or she enters without a name or with a presumed identity.
The Thanatology Department is also responsible for
exhumation of remains with prior autopsy or no autopsy, and for supervising the removal of tissue and organs
that are performed in health centers (in accordance with
the Organ Donation Law) when an autopsy is required
for the deceased. This is to ensure that the procedures
do not affect later investigations.
The Clinical Department is responsible for carrying
out clinical inspections of legal importance requested
by the law courts as background for the legal process.
This department consists of four specific units: the Injury
Studies Unit, in charge of confirming the presence of
injuries, their nature, seriousness and level of incapacity;
the Forensic Sexology Unit, in charge of confirming sexual crimes; the Medical Responsibility Unit, which investigates the responsibility of a medical action, by SML and
also third parties; and the Transit Unit, in the framework
of an appeal to those whose driver’s license had not been
renewed.
The Laboratories Department is where the largest
number of investigations carried out by the SML take
place, being 78% of the total number of inspections at
the national level. It is in charge of carrying out inspections of judicial interest by applying scientific, biological,
chemical and physical methodss, which give the administration of justice technical principles to apply the law
in complex situations. It has highly technological instruments and a qualified professional team, including pharmaceutical chemists, biochemists, chemists and medical
technologists, responsible for caring for samples, analysis
and the interpretation of the results obtained.
The Chilean Forensic Medical Service
This department consists of the Sampling and Reception Units, which carry out, receive, encode, care for and
distribute samples and/or evidence; Forensic Genetics,
responsible for carrying out biological filiation tests, and
identification and analysis of sexual crimes or criminal
acts; the Blood Alcohol Laboratory, which determines
the presence of alcohol and volatile substances in the
blood and other biological fluids; the Biochemical and
Crime Laboratory, which carries out analysis of body
fluids to be used in investigations of sexual aggression,
among others; the Toxicology Laboratory, to detect the
presence of drugs or abuse of medications and toxic substances in general; and the Instrumentation Laboratory,
where the quantity of chemical substances found is confirmed and quantified.
The Mental Health Department of the Forensic Medical Service consists of the Adult Psychiatry and Child
Psychiatry Units. The psychiatrists, psychologists and
social assistants that work therein carry out psychological and psychiatric examinations of the involved parties,
which are necessary to verify the competencies of a witness and the validity of their testimony in a trial, as well
as the emotional damage, interdiction and/or declaration of the legal responsibility of the accused among others. These examinations are carried out at the facilities
of the Forensic Medical Service or residences or hospitals
when necessary.
The development of the forensic sciences and the
needs of judicial investigation have led to the creation
of other units such as the Special Forensic Identification
Unit, created in 2010, bringing together the professional
experience and installed working capacity created over
three years by the Human Rights Program (2007–2010),
which aimed to identify disappeared detainees and those
executed for political reasons whose remains were not
delivered, as well as victims of violations of human rights
(1973–1990). Its work is aimed at analyzing skeletal
remains that date back significantly in time, both in
human rights and criminal situations. It has carried out a
multidisciplinary forensic intervention, with the participation of archeologists, anthropologists, doctors, dentists
and geneticists, in addition to intervention strategies that
ensure their participation from as soon as the site where
the events occurred is found, through the investigations
themselves and their historical contextualization. This
system also guarantees the chain of custody, protecting
evidence and systematizing records that show skeletal,
cultural, blood evidence and associated documentation.
45
As a result of this approach, a model Integrated Investigation Report has been created, and is recognized as a
vanguard at the worldwide level, contributing to a better understanding of a case, avoiding the dispersion of
the results delivered by each specific intervening discipline and becoming a tool that is able to encompass all
the results of the investigation.
This Unit is in charge of implementing a National
Forensic Identification System, which aims to coordinate scientific and administrative actions throughout the
SML, developing a local and nationwide capacity under
scientific quality and excellence standards. The aim is to
ensure that different forensic disciplines participate in
a timely and effective fashion in human identification,
with nationwide coverage and under a multidisciplinary
and integrative approach, in reasonable timelines. With
regards to areas for future development, the focus is on
quality management and standardization of procedures,
regulations, centralized antemortem and postmortem
data bases, and providing attention and information to
families of victims (carried out under Exempt Resolution
No. 004743 dated April 15, 2011).
The National DNA Records Unit (CODIS) is a technical
investigation unit that aims to consolidate a DNA record
of convicts, accused persons, victims, evidence, disappeared persons and their families, whose genetic profiles
may be compared with different samples taken in the
context of criminal acts and identification of lost persons
or in cases of massive disasters, under strict principles
of observing the confidentiality, privacy, intimacy and
dignity of these people. Currently it incorporates
biochemistry professionals, pharmaceutical chemists,
administrative personnel, and juridical and IT support
personnel (Figure 5.2).
This digital DNA data base is possible through a
computer software named CODIS (for its acronym
in English, Combined DNA Index System), originally
developed by the FBI to bring together genetics and IT.
It was donated to our country by this North American
organization, in a collaboration agreement with the
Chilean Ministry of Justice, signed in November 2002.
This laboratory has cutting edge technology, and uses
extraction systems and automated electrophoretic testing equivalent to that in the most modern international
DNA data base laboratories. All stages of genetic testing
are carried out using equipment validated at the forensic level, which was created for laboratories with a high
volume of sample processing. The technology applied in
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Chapter 5
Figure 5.2 CODIS Laboratory (2012), genetic database of convicted defendants, evidence and missing persons and family, a
pioneer in Latin America.
this laboratory has led to a significant increase in productivity due to the automation of its processes, and it is
estimated that from 18 thousand to 20 thousand samples
can be processed annually.
In order to consolidate this system, interinstitutional
work is required, in which samples are taken by the
Prison Guards Service, in the case of enclosed convicts,
and by the Forensic Medical Service, in cases of convicts
serving their sentence outside enclosures. Additionally,
the forensic body works on-line with the Civil Registry
and Identification Service, which is the body in charge
of protecting this data base.
The Dr. Carlos Ybar Institute (ICY) is the area of
the Forensic Medical Service in charge of teaching,
extra-curricular activities and investigation. The policy
and objectives of ICY are in accordance with Law No.
20,065 on the Modernization, Charter Regulation and
Personnel Composition of the Forensic Medical Service,
the Service’s mission, and the priority given by the institution to teaching, investigation and extra-curricular
activities.
The challenges of judicial reform demand investigators with high professional quality standards, and
highlight the importance of fostering different forensic
disciplines. In this regard, the Dr. Carlos Ybar Institute
has the mission of “contributing to the quality of investigation by training professionals, incentivizing investigation, teaching in universities and other likeminded
institutions, and through extra-curricular activities.”
Currently, it has 25 mutual collaboration agreements
with different universities that have Medicine or Science
faculties.
In addition to shaping, training and contributing to
the growth of SML professionals, students, applicants
and officials from the Judicial Branch, Public Prosecutor’s Office and Public Criminal Defense Office, the ICY
aims to lead and ensure proper coordination in scientific development inside the service, to create and maintain museums and to collect items and objects related to
forensic medicine and sciences.
Among its other activities it may be highlighted that,
since 2011, the Dr. Carlos Ybar Competition for Unpublished Research Works of Distinction has been held to
promote the study and analysis of the forensic sciences.
Furthermore, in 2013, a travelling exposition named
“The beginnings of the Forensic Medical Institute” was
created, showing material from the Museum in order to
bring the work of SML from its very beginning closer to
citizens.
5.5 Gaps and challenges
One of the Forensic Medical Service’s greatest challenges, as a centralized institution, is to develop the
autonomy and management of regional and provincial
offices, in order to respond to specific local needs and
support other offices in cases of urgency and/or disasters,
in coordination with police and judicial bodies. The relationship between the Central Headquarters and regional
leadership, as well as managers of the different technical
departments, intra-institutional communication and the
creation of service protocols suitable for different local
realities, all form an intricate web in an ongoing process
of evaluation, modification and improvement.
One initiative implemented by the Forensic Medical
Service has been the creation of an efficient, coordinated
National Forensic Identification System that reflects the
modernization of Chile’s justice system, making it possible to deliver a multidisciplinary perspective at the
national level, ensuring quality standards, proper attention to victims and their families, and a timely and
reliable answer to the bodies in charge of enforcing
justice. The responsibility for implementing this system
today falls to the Special Forensic Identification Unit, but
its effective development is actually the responsibility
The Chilean Forensic Medical Service
of each and every one of its seats (headquarters) and
officials.
One issue that has attained importance in the Chilean
justice system and that directly impacts on the operations and responsiveness of the SML is the increase in
reported child abuse cases. Both physical examination
and interviewing affected children has had to incorporate significant changes, considering the age and level
of maturity of the victims, the harshness of the crime
affecting them and the fact that the legal system as a
whole lacks adequate tools to prevent secondary victimization, the manipulation of third parties and finally
the impunity of the attacker and the permanent trauma
resulting from the whole experience. In this regard, the
SML is in the process of developing the protocols and
procedures necessary to ensure better attention for victims as well as coordinating different levels of the police
and judicial hierarchy, taking into account financial difficulties, the absence of sufficient professionals available
and a growing demand not only for quality and timely
investigations, but also for a humanitarian and respectful service to the victims and their families.
Ninety-eight years on from its creation, the Forensic
Medical Service continues to seek to improve its technical and scientific response to the demand for justice
of the citizens of our country. However, it does not
only do so by improving the equipment and quality of
its investigations but mainly through the professional
growth of its officials, professionals and administrative
staff, and, above all, in the quality of the service to users
who require its services, who are undergoing a traumatic
and difficult experience. Likewise, this nearly hundredyear-old institution is committed to continue improving its coordination and collaboration with the other
47
technical bodies and professionals with whom it shares
its forensic investigatory work, to thereby provide judicial bodies with reliable and timely products. Finally, it
is also committed to support Chile’s international partners when they experience disasters, such as the case of
the Comayagua prison fire in Honduras in 2012 when
a multidisciplinary team among many others supported
the recovery work and identification of the more than
350 victims who died in these painful circumstances.
SML has been through difficult circumstances associated with Chile’s history and the obstacles it has overcome. It has undergone many reviews, changes and
interventions, but these have all led to the setting of
new goals, and the development, growth and strengthening of our strong points and the identification of our
weaknesses, in order to deliver a quality service that
responds to the need for justice in accordance with the
social and cultural changes that Chile has experienced,
which impact on the whole structure of the State. However, this will always be guided by the ideal that the
access to justice is a right, not a privilege, and that
we all have a duty to work to guarantee it on a daily
basis.
References
Ciocca Gómez, L. (2009) Odontologia Médico-Legal, Ediciones
Jurı́dicas de Santiago.
González, L., Insunza, J. A., Bustos, L., Vallejos, C., Gutiérrez,
R. (2005) Teaching and investigation in forensic medicine:
the current situation and challenges for medicine faculties in
Chile. Rev. Med. Chile 133: 805–812.
Servico Médico Legal (2013) Available from: www.sml.cl
[March 17, 2014].
CHAPTER 6
Forensic science in Colombia
Andrés Rodrı́guez Zorro1 & Aı́da Elena Constantı́n2
1 Grupo
Nacional de Patologia Forense, Instituto Nacional de Medicina Legal y Ciencias Forenses, Bogotá, Colombia
de Investigaciòn Cientifica, Instituto Nacional de Medicina Legal y Ciencias Forenses, Bogotá, Colombia
2 Subdireccion
Colombia
6.1 History
In 1914 (October 29) Law 53 was enacted giving birth to
the Central Bureau of Legal Medicine in Bogotá to provide services in the areas of forensic medicine, pathology
and toxicology. The law also created legal medical offices
in the capital cities of different Departments, thus giving rise to scientific forensic practice as a public institution in Colombia. Dr. José Marı́a Lombana Barreneche,
an illustrious physician and father of Internal Medicine
in Colombia, was appointed to the position of Director of
the Central Bureau. At the time the Bureau established
its offices in the cities of Bogotá, Barranquilla, Santa
Marta, Cartagena, Medellin, Bucaramanga, Manizales,
Ibague, Neiva, Cali, Cúcuta, Popayán, Pasto and Tunja.
Years later Law 101 of 1937 was sanctioned; all offices
in the departmental capitals and services were integrated and nationalized, thus unifying them to establish
national coordination from a Central Office, in Bogotá,
under supervision and authority of one head who was
to be a doctor and chief scientist of legal medicine for
the entire Republic. Under the same law departmental
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
49
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Chapter 6
assemblies were empowered to create their own legal
medical services.
The Central Office of Legal Medicine under the
direction of Dr. Guillermo Uribe Cualla first published
the Revista de Medicina Legal de Colombia in 1935. It
provided a forum for papers, cases and statistics on
forensic activity carried out by the Bureau. The journal
is still being printed.
As director of the institution, Dr. Cualla participated in
the enactment of Act 94 of 1940 and Law 42 of 1945. The
former provided for the construction of a building in the
city of Bogotá to house the Bureau and the latter decreed
the founding of the school of forensic pathologists.
The building was inaugurated in 1948. It facilitated
the development of Forensic Sciences because it put
under one roof the areas for clinical pathology and psychiatry, bacteriology, hematology and seminology; the
area of chemistry and toxicology; the ballistics area with
a shooting range, a radiology lab, a photography section
and an identification office.
Using the extraordinary powers that Law 27 of
1963 gave the National Government, it created the
Division of Legal Medicine through Decree 1700 of
the same year by which the Section of Legal Medicine
was to incorporate into one body the Clinic for Legal
Medical Services, Forensic Pathology, Psychiatry and
Psychology, and a Section of Forensic Laboratories with
the services of Ballistics, Chemistry and Physics, Hematology, General Biology, Microbiology, Serology and
Seminology, Toxicology, Radiology, Histopathology,
Photography and Micrography.
It was also in the 1960s that Dr. Julio Ortiz, in the
city of Medellin, warranted that “there are cases in
which medical graduates, true scientific eminences of
general medicine, render concepts which only serve to
cast doubt in the minds of officials hindering investigations …,” thus arguing for the need to recruit the first
medical specialists in pathology and psychiatry with an
emphasis on forensic work (Analisis de la Ley de Justicia
y Paz, available at: www. fiscalia.gov.co).
In the early 1970s, drug laboratories, graphology,
questioned documents, fingerprinting and Kenyeres
mapping emerged, thus completing the portfolio of institutional services.
Decree 055 of 1987 provided for the consolidation
of these services under the direction of Director Dr.
Egon Lichtenberger. Once this was done, regional and
sectional directories were created to operate as divisions
in Forensic Medicine and Criminalistics.
Finally, transitional article of the Constitution No.
27 provided for ascribing the National Directorate of
the Ministry of Justice Legal Medicine as a government
office, with its dependencies, to the Attorney General.
Decree 2699 of November 1991 provided the regulatory norms by which the Institute incorporated as a government dependency at the national level, having its
own legal framework, social capital and administrative
autonomy, thereinafter to be called the National Institute of Legal Medicine and Forensic Sciences (INMLCF
for Instituto Nacional de Medicina Legal y Ciencias
Forenses).
Correspondingly, the school of Specialization in Forensic Medicine at the National University of Colombia by
Agreement No. 109 1996 of the Board of Directors of the
University was founded and the first class took place in
2000.
At present the Institute provides services in 123
locations throughout Colombia, with supporting structures that include basic and mobile units, sectional
and regional directorates, and a central level that sets
policy and services to be deployed in convergence with
the different disciplines. These areas include medical,
clinical and forensic pathology, and the laboratories
of Biology, Botany, Entomology, Trace Evidence, Narcotics, Toxicology, DNA, Physics, Graphology, Ballistics,
Photography, Topography, Geology, Fingerprinting and
Anthropology; all of these together giving a total of
1850 employees.
6.2 Types of cases
The practice of medicolegal autopsies in Colombia is regulated by Decree 786 of 1990, with the full weight of the
law, which stipulates when they are to be performed:
r Homicide or suspected homicide
r Suicide or suspected suicide
r Accident or suspected accident
r Sudden deaths
r Deaths while in custody
r Death caused by accident or illness
r Maternal death or the product of conception by nonspontaneous abortion
r Suspected death caused by neglect or child abuse
r Suspected use of biological, chemical or physical
agents to cause death
r Deaths caused by medical procedure.
Forensic science in Colombia
The National Institute of Legal Medicine and Forensic Science carries out medicolegal autopsies only within
its facilities and physicians working on mandatory social
service, according to the guidelines set forth by the Institute. The mission of the Institute is to organize and direct
the System of Legal Medicine and Forensic Sciences and
control its operation in the Colombian territory.
6.2.1 Violent deaths in Colombia
The Center of National Reference on Violence is an
office within the National Institute of Legal Medicine
and Forensic Sciences, aided by the Information System
Network for Missing and Dead Bodies and the National
Statistics System, which registered 28,496 violent deaths
in Colombia during 2012 (Forensis, 2012). Of these
13.2% (3717) were female and 86.8 % (24,745) male.
According to figures of the same year the most likely ages
to suffer violent death are those aged between 20 and 29,
followed by those between 30 and 39. Those less vulnerable to violent deaths are between 0 and 9 years.
Homicides for both men and women were the manner
of death most common in violent deaths in Colombia
during this period. They accounted for 55.7% (15,727)
of such deaths, while traffic accidents represented
21.55% (6152), accidental deaths 10.3 % (2952), suicides 6.6% (1901) and indeterminate violent deaths
6.1% (1764). For all deaths the most vulnerable are
those aged between 20 and 29. However, there is a
high incidence of accidental deaths among the elderly,
i.e., those 60 and older. Also, accidental deaths are the
most common manner of violent death among children
between 0 and 10 years of age.
In accidental, violent undetermined and traffic deaths
the main mechanism of death was a blunt instrument
or fall. Accidental death represented 47% (1390), indeterminate 33.7%, while the percentage of those due to
traffic accounted for 94.9% of all accidental and violent
undetermined deaths. Moreover, firearms caused 77.6%
(12,208) of all homicides in 2012, stressing the serious
problem in the country as these are due to the ease with
which these weapons are acquired and used. In the case
of suicide, the mechanism that caused more deaths was
hanging: 52.3% (995), distributed equally among men
and women.
6.2.2 Nonfatal injuries
In 2012, 311,514 people were examined for nonfatal injuries. The highest percentage, 45.1% (155,507),
of those injuries surveyed was classified within the
51
framework of interpersonal violence: 26.9% (83,898)
were evaluated as domestic violence, 12.6% (39,440)
for a transportation accident, 6.9 (21,506) for an alleged
sexual offense and 3.5% (11,163) for accidental injury.
Of those evaluated by the INMLCF 48.8% (151,806)
were women and 51.2% (159,708) were men. There
are clear differences in the violence that led to each of
these genres. While men accounted for 63.5% of unintentional injuries examined, 64.2% of those evaluated
were by traffic accident and 67.6% were caused by interpersonal violence; women accounted for 84.2% of those
examined for alleged sexual offense and 77.7% of those
evaluated were due to domestic violence. This behavior has been consistent over the years, evidencing the
vulnerability of women in their role within the family, where they can be easily abused, and their role in
Colombian society, which far from protecting them sees
women as objects for sexual satisfaction.
When analyzing these types of violence according to
the ages at which they occur, we found similarities in the
behavior causing fatal injuries. That is, the most vulnerable to interpersonal violence, domestic violence, traffic
accidents and accidental injuries are those between 20
and 29 years of age, while people 75 and older are the
least vulnerable to these types of violence. This applies
to both men and women.
Sexual offense behavior is different. The most vulnerable age for this type of violence is between 5 and 14. Of
the 21,506 cases recorded in the INMLCF in 2012, 25%
were children between 5 and 9 years of age and 37.8%
were between 10 and 14 years.
Blunt mechanisms or falls caused of 57.2% (178,171)
nonfatal injuries among those examined by INMLCF. In
second place, 12.4% (38,733) injuries were in the category of Other and in third place were those due to Short
Blunt at 10.8% (33,686). This behavior is common for
men and women in lesions caused by accident, traffic
accident and within the contexts of domestic and interpersonal violence.
The mechanism could not be recorded in 92.8%
(19,954) of those tested for alleged sexual offense.
6.3 Structure
Forensic initiatives in Colombia are mainly centralized
in the National Institute of Legal Medicine and Forensic
Sciences, although there are forensic laboratories
directly dependent on the Attorney General’s Office
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Chapter 6
and the National Police, which all fall under the control
and verification of the Institute.
The main objective of the Institute is to provide forensic services to the scientific community as technical support to the administration of justice. Its mission has the
following functions (Plataforma, 2013):
1. Organize and direct the system of Legal Medicine
and Forensic Sciences and control its operation.
2. Provide legal services and forensic medical sciences
that are requested by prosecutors, judges, judicial police, the Ombudsman and other competent
authorities in the country.
3. Develop assistance, scientific and social functions in
the field of legal medicine and forensic science.
4. Provide advice and answering inquiries on legal
medicine and forensic sciences to prosecutors,
courts and other competent authorities.
5. Define technical regulations to be met by other
agencies and individuals to perform functions associated with expert forensic medicine, forensic science and exercise control over its development and
implementation.
6. Serve as body of verification and control of expert
evidence and forensic examinations carried out by
the state police and other agencies at the request of
the competent authority.
7. Serve as a national scientific reference center on
issues related to forensic medicine and forensic
science.
8. Accredit and certify laboratories, forensic evidence
and experts in legal medicine and forensic science,
when practiced by public and private entities.
9. Coordinate and advance the promotion and implementation of scientific research, graduate and
undergraduate programs, continuing education and
educational programs in the area of forensic medicine and forensic science.
10. Coordinate and promote under pre-existing agreements the practices of teaching at educational
entities approved by the Colombian Institute for
the Promotion of Higher Education (ICFES).
11. Disseminate research results, scientific advances,
development of forensic practices and other information deemed relevant by the Institute to the
community at large.
12. Delegate or hire natural or legal persons to perform
some activities of expertise and to supervise their
implementation.
To comply with the above the Institute has two
subdivisions: the Division of Forensic Services and the
Division of Scientific Research. Through the first it
monitors and controls the practice of forensic pathology
(dead people), forensic clinical and forensic psychiatry
(living people), the Center of National Reference on
Violence and all forensic laboratories. The second
controls the School of Legal Medicine and Forensic
Sciences, the Division of Forensic Research and Forensic
Rules Division.
6.4 Forensic pathology
The National Forensic Pathology Group is in the Office
of the National Institute of Legal Medicine and Forensic Sciences dedicated to ensuring the quality of forensic
pathology in the country and is under the control of the
Division of Forensic Services.
One of the main tools of Pathology is necropsy, an
external and internal examination of the body after
death using surgical techniques, performed by a medical
doctor specially trained in that procedure, able to recognize and document the effects of the disease and trauma
on the body. He studies the morphological appearance
of a human body or parts of it within the context of a
history or narrative of facts. It can be done by simple
observation of the body with the naked eye or with the
aid of microscopy methods and protocols.
The personnel at the National Institute of Legal
Medicine and Forensic Sciences of the Republic de
Colombia comprises forensic experts working as Medical Specialists, general practitioners and specialists in
Pathology who have received special training or have
experience in forensic pathology. The National Forensic Pathology Group helps those who actively work in
the investigation of deaths and practice of medicolegal
autopsies.
By means of this kind of scientific research the cause
and manner of death is established. As part of the official investigation into deaths, the evolution of lesions is
correlated with the findings in order to use the resulting data as a tool in the administration of justice carried out by the State to protect the innocent and punish
culprits.
Because of the importance of identifying people
within the judicial investigations and because the scientific technical data are taken from the human body
Forensic science in Colombia
with the aim to confirm or establish the identity of the
victims, the National Forensic Pathology Group works
closely with dental and anthropology professionals.
The functions of the National Forensic Pathology
Group are:
1. To increase competencies in expertise of doctors
or the Forensic Pathologist in relation to forensic
autopsy in order to improve their participation in
judicial and scientific research, and its impact on public health through training programs and monitoring
the quality of Forensic Pathology.
2. Divulge important information to pathologists and
Coroners and the community of forensic scientists in
general.
3. Review, analyze and recommend legislative and regulatory issues that may have an impact in Forensic
Pathology.
4. Coordinate all activities related to examination of
corpses that originate from the Justice and Peace process or those in which violations to Human Rights
or International Humanitarian Law violations are
suspected.
5. Conduct studies and write expert reports of Forensic
Pathology when requested by the competent authorities or directives of the Institute for one reason or
another.
6. Help establish the identity of people by analyzing
the information provided by matching antemortem
information with postmortem information through
joint analysis with other forensic areas such as the
Forensic Anthropology Laboratory of Genetics, Dental, Fingerprinting and Photography.
7. Advise and support local groups in mass deaths
caused by major national disasters and ensure training of experts and various officials regarding this
issue.
Services include:
1. Practical training (rotations or internships to conduct
autopsies).
2. Theoretical training (courses, workshops, seminars).
3. Scientific publications (scientific journals, articles
containing data collected or case studies).
4. Postmortem examination of dead bodies in skeletonized or within complex cases including exhumations and secondary autopsies.
5. Technical concepts and/or consultancy (reviews
grounded on objective data, references or expert
criteria regarding decision-making based on data
6.
7.
8.
9.
10.
11.
12.
53
and scientific knowledge in the area of Forensic
Pathology).
Consult and provide support for management of cases
involving Mass Disaster.
Expert examinations and reports in forensic dental
anthropology.
Cross-reference identification information for identification and expert reports.
Expert reports on investigation of second instance for
violent deaths and/or professional liability cases.
Criteria and/or procedural guidelines for the practice
of autopsies and identification.
Monitor cases in Forensic Pathology.
Criteria and/or procedural guidelines for handling
collective deaths.
6.5 Forensic anthropology
Within the overall framework of the provision of the
National Institute of Legal Medicine and Forensic
Sciences and the development of expert assistance, the
Laboratory of Forensic Anthropology applies methods
and techniques of biological anthropology, archeology
and taphonomy, supporting medicine, in particular to
study forensic pathology in cases of medicolegal death
investigation when the state of the bodies limits the
practice of autopsy in cases such as those where the
bodies are in advanced states of decomposition,
carbonization, dismemberment, fragmentation and
skeletonization. The applied methods contribute in
establishing the cause and manner of death, diagnosing skeletal abnormalities (bone and osteopathological
traumas), supporting interdisciplinary processes of identification of bodies and body parts (determination of sex,
racial standard, age, height, individualizing characteristics, laterality, etc.) and estimating the interval between
death of an individual and the discovery of the body.
Following the implementation of Act 975 of 2005, the
Ley de Justicia y Paz (Justice and Peace Law), recovery of
complex bodies — mostly skeletonized — has increased
(Analisis de la Ley de Justicia y Paz, n.d.), prompting
the need to create new laboratories of both INMLCF and
CTI as well as in the related area belonging to DIJIN
(National Police), so that by 2013 the country had twelve
forensic anthropology laboratories located in different
major cities, five in the INMLCF, six in the CTI and one
in the DIJIN.
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Chapter 6
Forty-eight forensic anthropologists are working in
the above laboratories distributed as follows: 17 in the
INMLCF, 28 in the CTI and 3 in the DIJIN. With these figures Colombia may rank as the country that has the most
forensic anthropologists working in state institutions.
During its 23 years of existence in the country,
forensic anthropology has faced significant challenges
in conjunction with doctors, dentists and other forensic
science professionals. They have been instrumental in
the outcome of many lawsuits associated with violation
of human rights and breaches of International Humanitarian Law in cases where bodies have been found of
people who have died in the midst of an armed conflict
and other violent contexts. As a result of these law suits
the State has had to give comprehensive compensation
to the victims within the provisions contemplated in
the Law of Victims.
6.6 Forensic clinical medicine
The forensic team at The National Institute of Legal
Medicine and Forensic Sciences consists of 300 doctors
and 41 dentists (both men and women) who provide
clinical and forensic dentistry services throughout the
national territory.
During 2012, 440,153 clinical forensic expert reports
were issued in Colombia. Of these 72.28% (318,125)
were reports documenting injuries in various contexts (interpersonal/communal violence, domestic violence, child abuse, elderly abuse, accidental injuries
including traffic events, mistreatment or torture, etc.).
Domestic violence corresponded to 10.76% (47,366);
reports documenting cases of sexual violence constituted 4.32% (18,996); reports to determine intoxication,
5.23% (23,012) and the remaining 7.42 % (32,654)
were clinical cases to determine the age, health status
and other forensic evaluations.
Expert reports issued by clinical forensic services
include:
1. Injury documentation. Documentation of the presence of bodily injury in connection with the investigation of crimes against life and personal integrity.
Cruel, inhuman or degrading treatment (Istanbul
Protocol) is also used in the implementation of international protocols to document torture.
2. Documentation of cases of domestic violence. Documentation of injury in the context of domestic violence (whether or not of the same sex).
3. Evaluation of sexual violence. Documenting findings
and interpretation of lesions in cases of sexual
violence as well as recovering biological evidence,
ensuring that victims get adequate attention in terms
of emergency contraception, treatment of sexually
transmitted diseases, HIV prophylaxis or abortion.
4. DWI documentation. Establishes clinically the state
of intoxication in a living person, in the context
of criminal, administrative, traffic or disciplinary
investigations.
5. Determination of clinical age: assessment of chronological age of a person based on their characteristics
of biological maturation. These reports are issued
in connection with criminal, civil or administrative
proceedings. It is done with interdisciplinary health
teams and dentist.
6. Coroner determining health status of detainees:
establishes whether a person deprived of liberty,
detained or sentenced, presents any serious illness
that is incompatible with life in formal detention. To
this end it is necessary to consider the nature of the
disease and its evolution according to the context in
which it develops.
7. There are other forensic evaluations in response to
the requirements of national authorities, such as
case studies of alleged professional responsibility in
health. In 2013 the Institute began working on concepts of physical dependence within the framework
of tax law.
As of 2009 under the joint program “Comprehensive Strategy for the Prevention, Care and Eradication of
all forms of gender violence in Colombia,” the Institute
developed the Model of Care for Gender Based Violence
Clinic for Forensic, which began to be implemented in
April 2012. With this model a transition begins where a
service is performed on rights-based criteria and gender
differential.
6.7 Forensic odontology
Forensic dentistry services apply specialized knowledge
of the stomatognathic system in cases of personal injury,
domestic violence, child abuse, common violence, sexual crime, professional liability and age identification.
Forensic dental expert investigation is articulated in four
areas corresponding to: 1. Identification, 2. Clinical and
Forensic Odontology, 3. Forensic Pathology, 4. Forensic
Anthropology.
Forensic science in Colombia
1. Identification: performance of dental charts to
unidentified corpses for inclusion within the SIRDEC
information system, thus optimizing comparative
ontological processes. Practice of dental charts in mass
disasters and deaths in conflict for identification purposes.
2. Clinical and Forensic Odontology: integrated approach to lesions in the oral cavity as a result of violent
acts in the context of interpersonal and domestic violence, political violence, traffic accident, sexual violence and dental procedures.
3. Forensic Pathology: based on the information provided by the oral autopsy within the framework of
a criminal investigation. Support in cases of trauma
that compromises oral and perioral anatomic areas,
taking samples from the oral cavity when a sexual
offense is suspected, documentation of oral lesions in
child abuse, violation of human rights and estimating
age on unidentified bodies.
4. Forensic Anthropology: valuations performed on
skeletonized bodies in which the morphological and
topographical description of dental structures, traumatic injuries to maxillofacial level and age estimate
are recorded. Expert reports are integrated to those
made by anthropologists and medical groups.
6.8 Forensic psychiatry
In 2011 a total of 16,586 applications for assessment by
forensic psychology and psychiatry were received across
the country and 8498 reports (3490 to 5008 forensic psychology and forensic psychiatry) were issued. In
2012 a total of 6753 reports (4241 and 2512 forensic
psychiatry and forensic psychology) were issued. At
present we have a total of 37 psychiatrists and 36 psychologists throughout the national territory.
The psychiatry and forensic psychology service performs 13 forensic psychiatric expertise determinations,
10 forensic psychiatric or psychological assessments and
2 interdisciplinary expertise evaluations. These assessments consist of the following areas of expertise.
55
3. Mental health status of detainees.
4. Mental capacity to declare, negotiate preliminary
agreements and give depositions in inquiries.
5. Ability to manage assets and dispose of them in cases
of judicial interdiction.
6. Alleged liability in the performance of health care in
psychiatry.
7. Theoretical concepts about treatments in psychiatry to guide the authority in decision-making within
guardianships.
8. Alteration of the integrity, unity and family harmony
in domestic violence due to mental illness.
9. Children and adolescents or adult victims of sexual
offences.
10. Mental capacity for legal action in the life of a
deceased subject.
11. Mental ability in a subject, victim of abuse in conditions of disadvantage and others.
12. Mental Illness present in a parent for purposes of consent in cases of adoption.
13. Dependence due to disability under the tax statutes.
6.8.2 Forensic psychiatric or psychological
expertise
1. Adult victims of sexual offences.
2. Children and adolescent victims of sexual offences.
3. Psychic disturbance in personal injury victims and
others (extent for criminal purposes).
4. Psychic damage for compensation purposes, conciliation or repair (victims of sociopolitical violence).
5. Substance addiction.
6. Custody (or parental authority).
7. Visitor’s guidelines and regulation of food.
8. Psychological autopsy in determining the manner of
death (suicide, homicide or accident).
9. Mental impairment in domestic violence.
10. Procedures of amplification, clarification or addition of a diagnosis and evaluation in objection to
incidents.
6.8.3 Forensic interdisciplinary expertise
6.8.1 Forensic psychiatric expertise
1. Capacity to reason and self-determination: nonimputability.
2. Changing, lifting or reaffirming security measures in
cases of nonimputability.
1. Risk assessment in individuals convicted of domestic
violence
2. Implementation of the Istanbul Protocol in cases
where torture, cruel or inhuman treatment is suspected.
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Chapter 6
6.9 DNA laboratory
The National Institute of Legal Medicine and Forensic Sciences currently has four forensic genetics laboratories located in Regional Directories in Bogota
and elsewhere in northwest (Medellin), southwest
(Cali) and east (Villavicencio) to provide scientific support to the administration of justice throughout the
country.
Also, the Institute through an interagency agreement
with the Colombian Family Welfare Institute (ICBF for
Instituto de Bienestar Familiar) performs tests with DNA
genetic markers to establish paternity or maternity of an
individual in cases of genetic parentage. These are done
only in Bogotá.
Currently the laboratory of Genetics Bogotá is:
1. Accredited under Colombian technical standard NTCISO-IEC-17025: 2005 Certificate of Accreditation No.
10-LAB-010 2011-09-28 issued by the National Accreditation ONAC.
2. Certificate under ISO 9001: 2008 Certificate No.
CO230612 of May 15, 2009 and under the rule
NTCGP 1000: 2009 Certified No. GP 0050 May 15,
2009 by Bureau Veritas.
Among the services provided by our laboratories are:
1. Biological sampling references in living individuals
(blood, hair, saliva).
This service is only for sampling blood, saliva and
hair on live people by request of the administration
of justice for genetic studies.
Determining genetic profiles
These analyses are required for
r Identification of human remains.
r Individualization or determination of what person
(i.e., suspects, defendants, victims and/or individuals associated with the investigation) could have
been the origin of evidence or material elements
for evidence retrieved from a scene where a crime
is under investigation.
r Determination of biological parentage (parenthood
research).
r Among biological samples that can be subjected to
these tests are:
Blood
Semen
Saliva
Epithelial cells
Bones
Dental pulp
Soft tissue
Hair
Urine
Paraffin embedded tissue
Any other human sample containing biological
cells.
These analyses require genetic material or DNA to
be removed or extracted from existing cells using standard techniques common to the forensic community
(Chelex, FTA, differential extraction, organic extraction
or silica). Depending on the case, certain regions of
DNA may be studied – some located in the nucleus of all
cells except the sex chromosomes, known as autosomal
DNA, others localized exclusively on the sex chromosomes, known as DNA Chromosome X and Y and other
regions localized in mitochondria the cytoplasm of cells,
known as DNA or mitochondrial genome.
Genetic analyses are generally performed on autosomal DNA. Only in some special cases or situations is it
essential to analyze other regions of the DNA.
Chromosome Y DNA analysis. This analysis is performed when required to establish filiation between
patrilineal male individuals and applies in cases of
criminal investigation as well as in those where affiliation and identification of missing persons need
complementation.
Mitochondrial DNA analysis. This analysis is performed when required to establish matrilineal
descent among both female and male individuals,
given that mitochondrial DNA is identically inherited from the mother to her children (both men
and women), but only women retransmit it to their
offspring. These analyses are conducted primarily
in hair samples and in very degraded or damaged
remains or in cases where identification results for
analysis by nuclear markers were negative or inconclusive, or in matrilineal families.
Storage, search and comparison of genetic profiles in
CODIS, the database – National Genetic Database
Profiles Applied to Judicial Research
This database holds information collected by the
Laboratories Forensic Genetics Institute pertaining
to entry, storage and search of genetic profiles
obtained from the analyses of biological samples. It
serves as a tool for the investigation of crimes that
have a high rate of recurrence such as sex crimes or
killings committed by serial offenders. To perform
Forensic science in Colombia
genetic search and comparisons in this database
strict compliance is required, as stated in Articles
244 and 245 of the CPP and Case C-334/10.
Concepts of second opinions on genetic testing in
other laboratories.
The DNA lab Bogotá receives an average of 1500 to
1600 cases per year.
6.10 Forensic biology
The analyses carried out in this laboratory are given
below.
6.10.1 Blood search and identification
of human blood
6.10.1.1 Orientation tests for detection of blood
The Thevenon and Roland technique, also called the
Piramidon technique, is based on chemical redox reactions that allow the detection of peroxidases, catalases
oxide and/or reducing agents such as iron in the HEM
of hemoglobin.
6.10.1.2 Confirmatory tests for the detection
of human blood
The presence of hemoglobin, which is a component of
higher primate blood through human monoclonal antihemoglobin antibodies is qualitatively detected through
an immunoassay used in the forensic field.
6.10.2 Analysis for the search of semen
stains in forensic interest
6.10.2.1 Sperm analysis
In contrast coloration, used by the Biology Laboratories,
saturated picric acid solution stains the sperm cell nuclei
pale pink and the core that constitutes the remaining
area of the head is stained in bright red highlights so
that their morphology is visible against the glycogen
background as these and other artifacts take on a green
coloration, thus giving this procedure its characteristic
name of “Christmas Tree Stain.”
57
for the qualitative detection of this protein in semen so
that the presence or absence of the fluid in the sample
can be confirmed.
6.10.3 Macroscopic analysis and
microscopic elements in hair
Concepts of the anatomical region to which a hair sample belongs are given and referenced as their origin,
whether human or animal, dyed or not, or whether it
is a fiber.
6.10.4 Analysis of clinical laboratory
6.10.4.1 Methods of analysis
r Analysis of electrolyte through the ion-selective
method for analysis of sodium, potassium and chloride in serum and vitreous humor.
r Colorimetric method for detection of glucose, urea,
BUN and creatinine in vitreous humor, serum and
plasma.
r Dipstick is a qualitative method for detection of
ketones and pH in urine and vitreous humor.
Immunochromatographic tests are used for detection
of HIV1 and HIV2 antibody virus surface antigens of hepatitis B, pregnancy testing and serology tests.
6.11 Forensic toxicology
The Forensic Toxicology Laboratory supports the administration of justice by analyzing toxic substances in body
fluids and tissues obtained from a medical examination,
necropsy and nonbiological samples related to an event
under investigation.
6.11.1 Samples used for analysis
The main samples collected for analysis are: peripheral
blood vessel, urine, gastric contents, vitreous humor,
liver, biliary tract, injection site, hair and nasal smears.
Other samples include kidney, muscle, brain, spleen and
purge fluid.
6.11.2 Analytical techniques
6.10.2.2 Test for prostate specific antigen
in samples of forensic interest
Prostate Specific Antigen protein testing is performed
through immunochromatographic tests that work basically like any valid immunoassay test in the forensic field
Two types of techniques are used in toxicological analysis: those called screening and confirmatory techniques, which give way to elaborate analysis
methodologies, subsequently standardized and validated
by the laboratory.
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Chapter 6
Table 6.1 Most frequent toxicology analysis in Colombia
Analysis
Technique
Ethyl alcohol, methanol, acetaldehyde, acetone, 2 propanol and other alcohols
Carboxyhemoglobine
CG/HS/FID
Cooximetry
Cyanide
Cocaine and metabolites
CG/NPD – CG/SM
Inmnunoassay – GC/SM
Opium derivatives and opioids
GC/SM – LC/SM
Cannabinoids
Benzodiacepines
Inmnunoassay – GC/SM
Inmnunoassay – LC/SM
Amphetamines
Inmnunoassay – LC/SM – GC/SM
Phenothiazines
LC/SM
Tryciclic antidepressants
Plaguicides: organophosphates, carbamates, organochlorates, Piretroids, propanil, Amitraz
Dimetyltriptamine, harmine and harmaline
LC/SM
GC/SM
GC/SM
Cumarin derivatives
LC/SM
Solvents: chloroform, toluene, dichloromethane, hexane
CG/HS/FID
Anticonvulsivants and barbiturates
Inmnunoassay – LC/SM
Other prescripted medications
Inmnunoassay – LC/SM
The most common analysis and the techniques used
are given in Table 6.1.
The Toxicology Laboratory, Regional Bogotá, receives
an annual average of about 10,000 cases. In 2012
there were 11,331 analyses performed. Disaggregated
analysis was: ethyl alcohol: 5237, drug abuse: 3755,
depressants, benzodiazepines, phenothiazines, tricyclic
antidepressants: 933, pesticides and cyanide: 403, drugs
and others (carboxyhemoglobin, solvents): 983.
6.12 Grafology and questioned
documents
The laboratory has offices in the cities of Bogotá,
Medellin, Cali, Bucaramanga, Pereira and Barranquilla.
The services provided are:
r Authenticity of documents: identity cards, alien IDs,
residence permits, transit permits, permission to leave
the country, visas, passports and military service IDs.
r Authenticity and/or provenance of documents:
invoices, receipts, money orders, purchase orders,
release orders, contracts, public deeds, minutes, real
estate contracts, debit and credit cards and tickets.
r Authenticity and/or forgeries: in bills of exchange,
checks, promissory notes, savings bonds, bonds, time
deposits, stocks, driving licenses, subpoenas, transportation permits for freight and livestock, mandatory
transit accident insurance, certificates of gas emission
r
r
r
r
r
analysis, car insurance policies, car tax forms, national
mobilization permits, lottery tickets, chance and
raffles, tickets for concerts and shows, bingos, medical records, authorizations for medical procedures,
medical formulas, permission to carry guns (CLP),
imprints, posters, voting ballots, packaging, leaflets,
faxes, photocopies, acetates, diplomas, report cards,
other certificates and licenses, tags and labels on commercial products (liquor, drugs, etc.).
Authenticity of domestic or foreign paper currency:
Colombian pesos, dollars, euros and bolivar.
Printed stamps.
Provenance of typed texts.
Manuscripts and signatures (handwriting comparison).
Integration of forensic science.
6.13 Integration
Crime scene investigation is a direct responsibility of
the authorities in the Judicial Police. In Colombia this
entity is composed of the Technical Investigation Corps
(CTI) ascribed to the Attorney General’s Office and the
Criminal Investigation Branch ascribed to the National
Police. Today the Attorney General’s Office has a service
based on field Criminalistics Units immediate reaction,
which handles or processes the crime scene, collects and
packages and starts the chain of custody of evidence
Forensic science in Colombia
(documents, bullets, weapons, controlled substances,
bodies, etc.) to be delivered to the various forensic laboratories of the Technical Investigation or the National
Institute of Legal Medicine and Forensic Sciences.
Field technology includes the latest advances in photography and topography as well as the search for trace
evidence and scans with forensic lights. Other advances
in field technology include reconstruction of the scene
using initial information management or through the
testimony of those involved, to monitor versions and
other expertise to be debated in court. All activity of
body recovery, evidence handling and recovery stage is
supervised and coordinated by an agent of the Attorney
General’s Office.
The information recovered in the crime scene by the
authorities of the Judicial Police is consolidated in a document called the Certificate of Technical Inspection of
the Body, which is forwarded in the chain of custody
to the National Institute of Legal Medicine and Forensic
Sciences. It is then delivered to the expert assigned to
do the medicolegal autopsy. The doctor who performs
the autopsy carries out the appropriate interdepartmental consultations with forensic laboratories ascribed to
the National Institute of Legal Medicine and Forensic
Sciences.
The same physician writes an expert report to document all findings and conclusions expressed in terms of
the cause and manner of death and includes the results
from the different laboratories considered in his/her
analysis. The report is sent to the prosecutor assigned
to the case. Simultaneously, the laboratory results are
sent separately to the same prosecutor who may request
additions or clarifications from the expert who performed the autopsy or at his/her discretion to any of
the experts in the laboratories where the tests were performed. Finally, the prosecutor coordinates, manages
and integrates the information of the case. If the cause of
death is murder, he/she may summon the doctor or any
of the laboratory experts to testify on their findings and
conclusions and sustain them at trial. The technicians
who participated in the preparation of the minutes of
the inspection body at the scene of the crime or who performed some expertise in laboratories that do not belong
to the National Institute of Legal Medicine and Forensic
Sciences conduct their opinions separately. It is then the
prosecutor’s responsibility to integrate and interpret the
information within the context of the case. These conclusions may also be susceptible to expansion or clarification by the prosecutor or any other party. In homicide
59
cases, findings may be cited by either of the intervening
parties to support their findings and conclusions at a trial
in court.
6.14 Recruitment
Through various media channels, the Institute seeks
out candidates who meet the minimum requirements
for the position. One means is through the Institute’s
page at www.medicinalegal.gov.co, where vacancies are
published and resumes collected. Resumes may also be
presented by staff in the Institute or received from professionals who developed academic and scientific activities within the Institute and show interest or skills in any
practice of forensic science.
6.14.1 Testing
After receiving the resumes, suitability tests are performed. Suitability tests are tools for assessing compatibility between candidate and job requirements. The
tests consist of psychological tests; others are exercises
that simulate working conditions. Results are computed,
averages obtained and scored.
r Psychological testing: focus on the personality and disposition for teamwork.
r Testing for knowledge: specific to each work area.
r Interviews: focused on determining an applicant’s
true motivation, understand their expectations and
achievements and goals.
6.14.2 Verification of data and references
Once candidates have been selected, all information provided by the candidates is thoroughly verified, that is, of
criminal and disciplinary history, if any, full resume, references of previous employers, authenticity of the high
school, graduate or postgraduate diplomas, publications,
participation in scientific organizations, certification of
origin of income, among others.
6.15 Training
The forensic scientist staff receive training through formal education programs and through continuing education programs.
60
Chapter 6
6.15.1 Formal education
There is a surgical medical specialization of three
years in forensic medicine offered by the National
University of Colombia. An important number of legal
professionals who practice medical autopsies receive
training in anatomic and surgical pathology; doctors
specializing in psychiatry in collaboration with professional psychologists perform psychiatric evaluations.
The General Santander Police Academy offers two
master’s degrees: one in criminal investigation and
another in traffic accident investigation. In past years
there were majors in forensic odontology at Universidad
Javeriana, forensic anthropology at National University
and a Master of Forensic Psychiatry at Universidad El
Bosque.
6.15.2 Continuing education
With the support of the Institute’s School of Legal
Medicine and Forensic Sciences, the School of the
Attorney General’s Office and the School of National
Police many nondegree seeking forensic sciences courses
are given as well as workshops and seminars through
teacher assistance agreements with other scientific institutions and universities. The School and the National
Pathology Group have retraining programs for older officers. The Colombian Association of Legal Medicine and
Forensic Sciences professional body of forensic scientists,
a private entity, offers continuing education courses on
various topics of interest, including a training course
on forensic technical embalming for necropsy room
attendants.
In Colombia the Chair of Legal Medicine is mandatory for all medical schools in the country, given
that legal medical functions in small municipalities
(medicolegal autopsies and forensic clinical evaluations) are performed by physicians during their year
of required social service, which corresponds to the
last year of student medical training before receiving the medical license. The School of Legal Medicine
coordinates educational agreements with universities
and provides guidelines for the practical and theoretical modules that students receive during rotation
(internships). All teaching activities of the Chairs in
Legal Medicine for medical students are carried out
in the facilities of the Institute. Similarly, most professionals who teach theory are associated to the
Institute.
6.16 Funding
The National Institute of Legal Medicine and Forensic
Sciences has two sources of income.
6.16.1 Government funds
They are included in the General Budget of the Nation
and are appropriated by the Government through the
Ministry of Finance and the National Planning Department as established in the Annual Budget Law and Settlement Decree. They come from national income taxes,
fees, fines and taxes.
6.16.2 Own resources
These depend on the income projection by the Institute
at the stage of preparation of the draft budget derived
from agreements signed by the entity with entities that
are part of the general budget of the nation and territorial entities and their implementation depends on the
progress of the collection.
The name is given to those generated and managed by
the national public institutions and for the fulfillment
of its objects in accordance with the law. They come
from the signing of agreements, fines, photocopying,
paternity testing and selling worthless financial returns,
among others.
6.17 Political influence
Although Colombia is known for being the oldest
democracy in Latin America, the political reality is far
from stable. In 1991 a new Constitution was drawn up to
replace the one enacted in 1886. Until January 2013, the
1991 Constitution has been amended 37 times, which
gives an idea of the instability of the Colombian political
system. On some occasions these constitutional reforms
have been motivated by the changing needs of Colombian society, but in most cases changes have been driven
by political interests of private sectors.
In addition to this political culture where the concept
of the public and the common good is quite diffuse,
it must be pointed out that Colombia has suffered an
armed conflict for over 50 years in which political
practices have also been seriously affected. Guerrillas,
paramilitaries and drug traffickers and the armed forces
appear as the main actors in the conflict. Many times
Forensic science in Colombia
each of these groups and their interests are clearly
differentiated, but not in many others. Partnerships
between drug traffickers and government, between
government and paramilitaries, drug traffickers and
guerrillas, among or between guerrillas and paramilitaries have been common during the years of civil war.
In this context, it has become a high-risk affair for the
political exercise of those who are not tied to either side
or who challenge in one way or another their interests,
and has become a very risky endeavor, but, as in every
war, the real victim ends up being civil society. In
figures from the Center for Historical Memory, between
1958 and 2012 the armed conflict has left 220,000
dead, 177,307 of them civilians, and 25,000 missing
(Centro de Memoria Histórica, 2013). Violations of
human rights are perhaps the greatest challenge of the
Colombian judicial system and in this context the role
of the National Institute of Legal Medicine and Forensic
Sciences (INMLCF) is fundamental.
With the Constitution of 1991 the Institute became
part of the Attorney General’s Office. Although this
implied a loss of administrative autonomy and perhaps
because of its origin and scientific mission nature as long
as its existence, the INMLCF has been able to maintain
a remarkable independence in fulfilling its mission.
During a time when officials were denying the existence of missing persons, the Institute was diligently
documenting the phenomena. The Institute’s conclusions also have been instrumental in lawsuits against
members of the armed forces in extrajudicial executions, among others. It is in the face of some of these
events that one must understand the enormous pressure placed upon the forensic tasks of having to work in a
political context of corruption and armed conflict, where
information reported to the Forensic Institute often goes
against the interests of certain groups. So it must be
openly stated that while the INMLCF is committed to
gathering and researching evidence on a scientific basis
to forward the administration of justice, there are constraints to its labor due to the complexity of the context
in which the work must be done.
State presence in Colombia is not uniform throughout the country and the afore-mentioned dynamics
of corruption and the armed conflict are exacerbated
in peripheral regions of the nation. Thus, coroners
must often work in areas where security conditions
are really risky and a necropsy report can be a matter
of life or death. Fear is part of everyday life for many
61
professionals in the INMLCF and this sets more or less
limits on their professional autonomy.
6.18 Certification
6.18.1 Background
Act 938 of 2004, in Article 36, paragraph 8, contemplates the need to certify forensic experts in Colombia.
It states that as part of the mission of the INMLCF its
function is “ …to accredit and to certify laboratories,
forensic evidence and expertise in legal medicine and
forensic science, where practiced by public and private
entities.”
Thus in 2007 the first certification processes in the
areas of pathology and forensic odontology began, and
continued certifying forensic medical experts in 2008.
During this period of time and until 2010, the Institute
has certified approximately 7% (about 4000) of the total
of forensic experts from institutions nationwide.
In 2012 the National Forensic Certification Group was
created by Resolution 000513 of 31 July 2012 as an
administrative and functional unit of the Directorate
General, whose functions included: to advise, formulate, develop and control plans, programs and projects
involved in forensic certification; to grant, maintain,
renew, extend and reduce the scope of certification, and
suspend or cancel it.
6.18.2 Purpose of certification
According to the regulatory framework already stated,
the certification processes of forensic experts provides
the Colombian justice system with a reliable assessment
tool for forensic experts who can evidence mastery of a
standard of competence in forensic expertise in order to
facilitate the assessment of the evidence as to the scientific, technical and moral adequacy of the expert (Article
420, Law 906 of 2004).
6.18.3 Process description
The certification of forensic experts projected by the
GNCF is based on the Colombian Technical Standard
NTC/ISO IEC 17024: 2012, which establishes the set
of rules for the certification of persons; its applications,
issuance, suspension and repeal as well as the regulations regarding legal, academic, technical, security and
confidentiality issues.
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Chapter 6
In this regard the steps that make up the certification
process are: the application submitted to the Competency Assessment Body (CAB) once positions are posted;
the evaluation composed of three continuous processes
(a standardized test, an oral test of competencies and a
practical exam); the decision taken by the OEC to certify
or not the expert according to test results, and continued
monitoring by which the OEC confirms the continuing
competence of the expert certified.
The areas of expertise to be certified in 2014 include:
r Forensic pathology
r Forensic clinic
r Forensic anthropology – analysis of forensic-bioanthropology
r Forensic dentistry – dental age clinic
r Forensic dentistry – cases related to interpersonal,
familial, sexual, child violence, torture and professional responsibility
r Forensic dentistry – forensic dentistry analysis in cases
of lethal violence
r Forensic dentistry – forensic analysis of dental and cranial bones for identification purposes.
6.19 Laboratory accreditation
and quality control
The Superintendence of Industry and Commerce was
the accrediting agency of forensic laboratories in
Colombia until the year 2008. As of 2013 the National
Accreditation Agency of Colombia – ONAC – took over.
According to the figures on ONAC’s Web page (Directorio Official de Acreditaciones, n.d.), there are 165 testing laboratories – 80 accredited by the Superintendence
of Industry and Commerce and 85 by ONAC. Of these
165, 17 correspond to laboratories performing forensic
work permanently and 8 exclusively that perform
genetic analysis because of the legal requirements to be
accredited to perform this kind of analysis.
The global scientific community and specifically the
forensic one established through ISO/IEC 17025 mandates that laboratories must demonstrate a management
system, technical competency and the capability to generate valid technical results. This is done through an
accreditation process defined by Decree 2669 of 1993
as a “process whereby the technical competence and
the adequacy of certification and inspection agencies,
testing laboratories and metrology is recognized for
Table 6.2 Accredited laboratories at the National Institute of
Legal Medicine and Forensic Science, Colombia
(www.medicinalegal.gov.co)
Laboratory
City
Toxicology
Bogotá
Toxicology
Medellin
Toxicology
Pereira
Toxicology
Barranquilla
Toxicology
Cali
Toxicology
Tunja
Narcotics
Bogotá
Metrology
Bogotá
Toxicology
Toxicology
Bucaramanga
Ibague
Narcotics
DNA
Bucaramanga
Bogotá
DNA
Cali
Trace Evidence
Bogotá
Biology
Bogotá
Biology
Biology
Bucaramanga
Tunja
carrying out the activities referred to in this decree….”
The model used for this purpose is established by the
Colombian Technical Standard 17025: 2005 NTC-ISO/
IEC that establishes the “general requirements for the
competence of testing and calibration laboratories.”
Currently, in our Institute there are 17 accredited laboratories, shown in Table 6.2.
Forensic laboratories performing genetic testing to
establish paternity or maternity shall, in addition to
accreditation, have certification in the ISO 9001 management system. Moreover, state agencies are required
to implement the Technical Standard on Quality
Management NTCGP 1000, which corresponds to the
latest 2009 version.
6.20 Technology
As described previously, the National Institute of Legal
Medicine has advanced technology for forensic pathology services and clinical practices as well as each of
their laboratories. The autopsy rooms in major cities
of our country allow the practice of autopsies with
high quality standards. Our Institute has forensic lights
techniques for use in forensic autopsy rooms and a
Forensic science in Colombia
trace evidence laboratory. In the field of Criminalistics, the Technical Investigation Corps (CTI), which is
dependent on the General Attorney’s Office and the
laboratories of the National Police, has technology as
forensic lights, special recovery techniques, latent fingerprint analysis and retrieval spots blood and scene
reconstruction.
Colombia is very strong in forensic identification
through fingerprints. Our AFIS (Automated Fingerprint Identification System) provides online connection
with the National Civil Registry Office (Registraduria
Nacional del Estado Civil) and allows positive identification of people in minutes. Our application SIRDEC
allows effective forensic identification for missing people based in odontology, anthropology and autopsy findings. We have other information systems such as IBIS
(Integrated Ballistics Information System) and CODIS
(Combined DNA Index System). There are areas that
could be improved in our toxicology laboratories, especially in terms of the number of substances studied and
response times. Another of our limitations is related to
the concentration of best technological resources, mostly
in the capital and major cities. Many of our basic units
are very small and do not have X-ray equipment or
have technical limitations in photography, among other
problems. To solve this problem our Institute will implement projects such as mobile morgues and mobile Xray equipment with a displacement capacity through the
country. In special situations we have the possibility of
referring bodies to the capital or another major city with
adequate logistics for an expert professional approach
or move teams to the location with all equipment
required.
Within our strategic medium-term projects we will
incorporate technology like virtual autopsy and other
postmortem images for road traffic deaths in the city
of Bogotá and molecular autopsy for specific cases of
sudden death in adults.
6.21 Disaster preparedness
The disaster preparedness model in Colombia is decentralized. Each of the eight Regional Directorates of the
Institute develop a regional disaster plan of their own,
their own budget, infrastructure and human resources
to practice autopsies in accordance with the characteristics and status of their territorial entity.
63
At the central level, the National Pathology Group
is dependent on the Forensic Services Branch and is
responsible for the validation of compliance of all these
local plans with the National Disaster Plan. Among
the functions of the National Pathology Group is to
issue quality standards for addressing collective deaths
through Standardized Guidelines and Protocols to be
implemented in training rescue groups, monitoring
the modus operandi, consolidating statistics and using
them in planning future methods to deal with these
deaths.
As part of its training program the National Pathology
Group conducts periodic disaster drills involving forensic multidisciplinary teams and the active participation
of local police and administrative authorities. From an
operational point of view the National Pathology Group
has the capacity to move teams of experts anywhere in
the country to provide logistics and forensic specialized
support to regional teams in complex high impact situations that affect national security.
The Institute has a lot of experience in disaster management because of the particular geographical features
of the country and of the high number of cases related
to deaths due to terrorism and the armed conflict. In
terms of logistical, administrative and scientific disciplines, these deaths are seen and handled by the institute as disasters. The National Pathology Group has a
substantial photographic and documentary archive of all
such cases as well as documents that consolidate lessons
learned in each of these situations.
6.22 Legal issues
Law 906 of 2004 is the norm, which issues the Code
of Criminal Procedure for the oral adversarial criminal
justice system in Colombia. It introduces a fundamental change in transforming expert evidence provided by
independent evidence, as it were, to evidence collateral
to testimonial evidence. Consequently, it has no probative value unless the expert is subjected to questioning and cross-examination by the parties at the hearing
where the expert’s testimony is heard. Whether this is
admitted as evidence or not depends on the judge’s conviction and this aspect is still being discussed.
Expert evidence is admissible when the process
requires scientific, technical, artistic or expert support.
Official experts, including, of course, the experts at the
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Chapter 6
National Institute of Medicine Legal and Forensic Sciences, the Judicial Police and public entities, regardless
of their expertise in science, art or technology, are eligible to give expert testimony, but it is mandatory that
the Prosecutor accepts them to be admitted as a judicial
expert.
The expert presents a report sufficiently supported,
which is to be investigated before the parties at the hearing. Contents must be known no less than five days
before the public hearing is to take place and where the
expert’s opinion will be presented.
If the parties agree on the content and conclusions,
the report many be accepted as evidence. That is, the
report or events covered in it, as well as the expert’s
suitability will be admitted as proof of the appropriateness of the expert. In such a case, the appearance of the
expert at the trial will not be required.
Conversely, if no there is no consensus, the parties will
ask the judge to summon the expert at the trail to be
questioned and cross-examined.
At the preliminary hearing, the judge will decide the
admission of the expertise report and shall summon the
expert to the hearing where his/her admission as expert
will be decided (the above if the expert has not already
been admitted at an earlier hearing within the process).
The expert’s testimony must be preceded by a summary report where the basis of the expert’s opinion is
expressed. As an expert witness the expert is allowed to
give his/her qualified opinion on the subject of expertise.
The law establishes the criteria for the assessment of
expert evidence. The suitability of both technical and
moral proficiency, clarity and attitude when answering
questions and the acceptance of technical, scientific or
artistic principles on which it rests should be considered.
It is possible to introduce demonstrative, pertinent and
relevant evidence to facilitate understanding of the concepts presented.
The National Institute of Legal Medicine and Forensic Sciences is the scientific technical body of the system in accordance with the law, and provides scientific
and technical support to both the prosecution and the
accused or his counsel.
Arguably, much has been achieved in the implementation and use of expert evidence in the current judicial
system, but there is still a long way to go.
In “Terminal crisis of accusatory penal system”
(Gómez, 2013), published in Sentido Común (Common
Sense), Dr. Fernando Gómez Jiménez argues that the
funding of the National Institute of Legal Medicine and
Forensic Sciences regarding the system of scientific technical support is inadequate. It is necessary to improve
the judicial assessment of expert evidence. There are still
cases where it is a decision privilege to give oral evidence, even when expert evidence is clearly contrary.
The challenge of meeting the needs for training judicial officers and those involved in the criminal process
on issues related to the origin, relevance, understanding and interpretation of the expert evidence is yet to be
met. Similarly, there is a need to improve the education,
training and updating of forensic experts
6.23 Research
The Research Branch of Scientific Research, which
depends on The National Institute of Legal Medicine
and Forensic Sciences Division, is responsible for project
evaluation and budget approval. The research budget
is allocated by the State through the National Planning
Office and on presentation of a specific investment
project.
Researchers can conduct research at the school by
means of one of the following:
r Officer of the Institution, who should have a project
approved by the Research Division and approval from
their immediate supervisor.
r As a student of a school having a valid agreement with the institute. In which case the student must have an institutional co-investigator who
must demonstrate a clear standing association to the
Institute and whose career is directly related to the
research.
r As a member of a public or private, national or international entity in partnership with the Institute.
There are three distinct stages to managing proposals:
Preliminary phase. This begins when a research
proposal is received, compliance with all rules
and prerequisites checked, all assessments are
approved and ends when the project number is
given and the letter of commitment signed with
investigators.
Development phase. This starts when the letter of
commitment is signed with investigators and the
investigation is carried out.
Forensic science in Colombia
Closing phase. This starts when the researcher
delivers the final report of the investigation in
accordance with the parameters of the Research
Division and ends with the delivery of the products
committed to in the minutes at initiation.
All projects require a methodological assessment, a
technical review (by academic peers) and a bioethical
review.
The lines of research the institute handles today are:
1. Forensic clinical diagnostics
2. Basic research in forensic science
3. Cadaveric phenomenon
4. Human rights and international humanitarian law
5. Identification and population studies (population
genetic studies)
6. Validation of analytical methods in laboratories
7. Forensic psychiatric diagnosis
8. Forensic art
The Research Division consolidates the final investigations reports in the institutional magazine called Colombian Journal of Legal Medicine and Forensic Sciences, which
was founded 80 years ago and has been a benchmark
for Colombian and Latin American training in forensic
science. The magazine is in the process of requesting
international indexing. The level of institutional science
has been instrumental in allowing our professionals and
their papers to be accepted in international conferences
and leading publications mainly in the field of forensic
laboratories and forensic pathology. Also a significant
number of our specialists have participated as consultants in developing guidelines and protocols, as well
as trainers in institutions in other countries in DNA,
forensic identification, sexual crime, deaths by gunfire, disaster management and asphyxia, among other
areas.
6.24 Future directions
The National Institute of Legal Medicine and Forensic
Sciences has many challenges within the complex
social and political context of Colombia. The Institute
has played a key role in the investigation of deaths
related to the Colombian armed conflict and within
the Law Justice and Peace (Ley de Justicia y Paz), the
legal framework by which legal benefits were granted
to groups outside the law in exchange for confession
65
crimes against humanity and the location of the bodies,
which number in the thousands in Colombia. Much of
the recent history as the country has been written in
our autopsy rooms. However, given the progress in the
peace talks our Institute must prepare for a different
scenario: the postconflict and ensuing peace.
To this end, the Institute has undertaken humanization policies that will affect the procurement of services
closer to the community and society. Consequently, the
Institute launched a new policy of “legal medicine for
a diverse Colombia,” which aims to embrace cultural,
racial, religious and gender diversity in the country.
Thus clinical forensic services are developing treatment
protocols for victims based on gender, with a strong
awareness for minorities such as the LGBTI community.
This year we successfully launched a project with mobile
morgues with logistical capacity to travel to remote
areas of our country, especially focusing on areas with
high indigenous and Afro-descendant populations.
Likewise the Institute will work to strengthen existing
spaces and opportunities for attention to children and
women within the context of domestic violence and
sexual crime. A protocol to care for victims of femicide
has been drawn up within the pathology group, as it is a
cultural phenomenon that has become strongly visible
in the last decade. The Institute will strengthen its
participation in traffic, burn and fireworks prevention
plans as well as in disaster management.
In 2014 the Institute will celebrate its 100th anniversary of having been established and recognized as a
scientific institute within the Colombian legal system.
Among the challenges for the future are to advance
technologically into the field of virtual autopsy and
other postmortem imaging techniques that will allow
optimization of human resources to achieve the best
results in the investigation of deaths. Concepts such
as molecular autopsy will allow us to take the lead in
research and approaches to sudden deaths. The Institute
continues to strive to accredit all forensic laboratories
and to implement its certification system of experts
in various forensic areas with a view to becoming the
certification center for other national and international
entities. Research projects such as smart classrooms
and telemedicine, bone collection and indexing our
journal will make our Institute an obligatory reference
in teaching and research in forensic science and other
medical and social sciences.
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Chapter 6
Acknowledgments
Note
Special thanks are due to the Colombian Association of
Legal Medicine and Forensic Sciences (ASOMEF), sponsor of our 17th National Congress of Legal Medicine
and Forensic Science (celebrating 100 years of our
Institute), for their unconditional support for this
project. Editorial overview was provided by Andrés
Rodrı́guez Zorro. The authors would also like to
acknowledge the following for their contributions to
various sections of the chapter: history, Jorge Arturo
Jimenez Pajaro; types of cases, Sandra Lucia Moreno;
forensic anthropology, Cesar Sanabria; forensic clinical
medicine, Martha Elena Pataquiva; forensic psychiatry,
Luisa Fernanda Alarcón Rivera; DNA laboratory, Rosa
Elena Romero Martı́nez; biology, Luz Adriana Londoño
Vargas; toxicology, Patricia Heredia Marroquı́n; recruitment, Ruth Yolanda Pabon; funding, Yaneth Cuestas
Gomez; politics, Natalia Lozano Mancera; certification,
John Alexander Vergel; accreditation, Miguel Arturo
Velasquez Acevedo; and legal issues, Aı́da Elena
Constantı́n. Finally, special acknowledgment is given
to Mario Alberto Hernández Rubio, President of the
Colombian Association of Legal Medicine and Forensic
Sciences, who sponsored the translation of this chapter.
The authors would like to clarify that this chapter
describes only the operation of the National Institute
of Legal Medicine and Forensic Sciences (which is the
organization that coordinates and regulates the practice
of forensic science in the country), but there are other
forensic laboratories run by other state organizations.
References
Analisis de la Ley de Justicia y Paz. Available at: www. fiscalia.
gov.co.
Centro de Memoria Histórica (2013) Informe Basta Ya: Memorias de Guerra y Dignidad, Bogotá. Available at: www.
centrodememoriahistorica.gov.co. Accessed November 2013.
Directorio Oficial de Acreditaciones. Organismo Nacional de
Acreditaciones Colombia. Available at: www.onac.org.co.
Forensis (2012) Datos para la Vida. Available at: www.
medicinalegal.gov.co. Accessed November 2013.
Gómez, F. (2013) Crisis Terminal del Sistema Penal Acusatorio (3rd
ed.). Lex Asesores, pp. 28–38.
Plataforma Estrategica Servicio Forense Efectivo (2013) Available at: www.medicinalegal.gov.co. Accessed November
2013.
CHAPTER 7
Forensic science in Denmark
Niels Lynnerup & Steen Holger Hansen
Department of Forensic Medicine, University of Copenhagen, Copenhagen, Denmark
Denmark
7.1 The beginnings
Danish forensic science probably evolved much in the
same fashion as in the rest of Europe. That is, a gradual transition from pre-Medieval and Medieval notions
of evidence as being signs from God, for example, that
an innocent man could bear red hot iron without getting
burns, to the more rational, scientific ideas in the 16th
century Reformation period, reflecting a closer study of
causality of events and the study of evidence. Probably
one of the first cases in Danish jurisprudence, where
forensic evidence is registered, concerned a fatal shooting in Copenhagen in 1727. The round was recovered
from the chest of the deceased and analyzed, although
somewhat inconclusively. The presumed weapon was
found in the saddle on the horse belonging to the suspect. Combined with the testimony of various witnesses,
this evidence was presented in court. The Police Chief
noted in his account that in this case he had used “much
diligence and Science” (Hoeck, 1951a).
Medical science had been brought to bear on criminal
court cases almost 100 years earlier. The first attempts
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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Chapter 7
at forensic medical science, in the terms of deliberating
over medical evidence for a court of law, date back to
the 16th century, when the King at times requested the
assistance of the professors of the medical faculty of the
University of Copenhagen. One such case concerned a
woman suspected of having killed her newborn child
(Tryde, 1939). The professors Ole Worm1 and Thomas
Bartholin2 ascertained that milk could be produced not
only when a woman was lactating an infant or when
she was pregnant or had just given birth. Milk production could in fact, although uncommonly, be initiated
without the woman being pregnant, and had also been
described to have happened in men. Thus, the professors could not with certainty conclude that the woman
had recently been pregnant even though milk had been
seen to be produced by her breasts. The woman in question was acquitted; milk production from her breasts
was not strong enough evidence for her having recently
given birth, and hence that she must have killed her
infant (though at the time not an uncommon practice
for women getting pregnant out of wedlock) (Tryde,
1939).
7.2 Forensic technical science
Modern Danish forensic technical investigations are said
to have been implemented in 1869, when “the best”
policemen could be assigned to special investigative
duties (Hoeck, 1951a). Up to then, investigation and the
practice of securing technical, forensic evidence was very
much up to the local police officers, possessing often
rather varying degrees of competence. This is probably
also why the Police Chief in the above-mentioned case
from Copenhagen specifically stated that he had used
“much diligence and Science”: this was otherwise rare.
The need for better investigative techniques and securing evidence and interpretation clearly became an issue,
leading to the police specifically assigning these tasks to
the best and brightest policemen.
Among the many forensic technical problems was not
least the question of identity. At a time when identity
documents were virtually unknown, securing the proper identity of criminals was of paramount importance.
A criminal could simply claim different names and it
1 Ole
might be impossible to properly establish whether the
person had been apprehended or sentenced before.
Therefore, a bureau for identification was established by
the police in 1900, also marking the first true forensic
technical unit under the police (Brockmann, 2009;
Duedahl et al., 2013). The bureau used the methods
of Bertillion, including, since 1904, fingerprints. While
laborious, the Bertillion method did provide a first
attempt at securing proper identification of suspects
and criminals. A verdict in the Danish High Court in
1915 concerning fingerprints confirmed their value, and
this meant that fingerprint analyses became routine in
Denmark (Brockmann, 2009). The full Bertillion system
gradually became obsolete, so that only facial photographs were taken along with fingerprints (Duedahl
et al., 2013). Today, the Danish Police uses an automated
system, AFIS, and approximately 335,000 individuals
are now registered in the database (The Danish Police,
2014).
Identification aside, the first real police technical
forensic service was established in 1922 as “The Police
Technical Laboratory” (Hoeck, 1951b). This technical
service came over time to consist of several subdivisions, for example, ballistics, photography, documents
and trace evidence. A major reform of the Danish Police
in 2007 has centralized these functions on a national
level, so that these are now handled by the “National
Police Forensic Technical Center” (Brockmann, 2009;
Danish Police, 2014).
7.3 The Danish judicial system, the
police and forensic science
The main act regulating Danish criminal law, including laws about the police, criminal prosecution and
the courts, is the Danish Administration of Justice Act
(Retsinformation, 2014). This act was passed and implemented in 1919, setting up a comprehensive, modern,
judicial system. Some years before, in 1911, a national
police force had been established (although it was first
in 1938 that the Danish police force, then consisting of
State police and county police, was truly centralized into
one common police force) (Hoeck, 1951b). Thus, the
police in Denmark is now one national force, employed
Worm (1588–1655) described the small intercalated bones in the calvarium, hence the name Wormian bones.
Bartholin (1616–1680) published one of the first descriptions of the human lymphatic system.
2 Thomas
Forensic science in Denmark
directly by the state. A major reform of the Danish
police was initiated in 2007. It meant that 54 police districts were transformed into 12 districts and a National
Police (Danish: “Rigspolitiet”). The Minister of Justice,
who is the chief police authority, exercises his powers through the National Commissioner and the Commissioners of the police districts (The Justice Department, 2014). The National Police includes areas known
as operative departments engaged in investigation into
IT crime, road traffic tasks, the surveillance of environments involving drugs, bikers, gangs and prostitution,
international cooperation with the police in other countries, as well as forensic technical investigations. It is also
from the National Police that individual police districts
can request assistance for various investigations and special duties. There are approximately 11,000 police officers in Denmark (Justice Department, 2014).
According to the Administration of Justice Act, it is the
duty of the police to investigate crimes. Gathered evidence and the results of the investigative efforts are presented to the attorneys of the Prosecution Service. This
service comprises the Director of Public Prosecutions, the
regional public prosecutors, the chief constables and the
Commissioner of the Copenhagen Police. The Minister
for Justice is also the chief authority of the Prosecution
Service. The attorneys work closely together with the
investigative police officers. It is the Prosecution Service
attorneys who will have to assess whether a case is likely
to stand up in court. If so, the attorneys will appear
before a judge in an attempt to have the perpetrator convicted in a District Court. The Director of Public Prosecutions heads the Prosecution Service, and when a case is
to be conducted before the High Court, which is the tier
above the District Court, the regional public prosecutors
will conduct the case. It is the Director of Public Prosecutions who conducts proceedings in criminal cases before
the Supreme Court, which is the highest tier of the
Danish legal system (Justice Department, 2014).
It may be noted that Danish courts have no formalized
requirements for expert witnesses or forensic technical
evidence (like, for example, the “Daubert rules” known
from the USA; James and Nordby, 2003). It is in principle solely for the Judge to evaluate whether forensic
technical evidence and expert witnesses are admissible.
The results of the various forensic technical and medical
analyses, as well as expert statements, may play a part
in court procedures, and the forensic specialists may be
called to testify in court proceedings.
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7.4 Forensic medicine
While forensic medicine had been introduced in a few
professorial lectures at the University of Copenhagen
in the 17th century, the first real, systematic teaching
of the specialty began in 1819, at which time Forensic Medicine also became a specialty included in the
exams for the medical degree (Gormsen, 1979). However, forensic medicine was not a wholly independent specialty; this first happened in 1905 (Gormsen,
1979). In 1935 the Department of Forensic Medicine
was organized into three sections: forensic pathology,
forensic serology (now forensic genetics) and forensic
chemistry.
The forensic medical department at Aarhus University
was founded in 1959 and the forensic medical institute
at Odense University, now the University of Southern
Denmark, in 1971 (Aarhus University, 2014; University
of Southern Denmark, 2014). However, regional offices
for forensic autopsies had been in place in Aarhus and
Odense since 1916 and 1937, respectively.
It is perhaps noteworthy that the three Danish forensic medical institutes belong to universities. They are not
part of the Danish health care system, nor the police or
the judiciary. This autonomy means that cases brought
to the institutes, concerning, for example, medical malpractice at a hospital, fatalities in connection with police
work or deaths in prisons or other state institutions, may
be handled independently and be unbiased. The forensic medical institutes also handle forensic medical investigations at the request of the Danish National Board of
Industrial Injuries, the Military Prosecution Service and
insurance companies.
7.5 Forensic pathology
Forensic pathology finally became a fully recognized,
independent medical specialty in 2008. Until that time
most forensic pathologists were specialists in pathology.
All medicolegal autopsies in Denmark are performed
at the three university departments. According to Danish law, a medicolegal autopsy must be performed if
a punishable act has been carried out or is suspected,
if the cause of death is not established and the death
holds aspects of interest to the police, if the manner of
death is unknown, or if an autopsy is considered necessary to prevent suspicion from arising at a later point in
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Chapter 7
time. Furthermore, the Ministry of Justice has decided
that an autopsy shall be performed when a death is
related to drug abuse (Retsinformation, 2014). A medicolegal autopsy is preceded by a medicolegal external
examination performed by a forensic pathologist or a
health medical officer in collaboration with the police
(Retsinformation, 2014).
The forensic pathological sections perform approximately 1500 autopsies per year; this number has,
though, been decreasing over the last decade. The distribution (2007) of the manner of death determined by
the autopsies is 35–38% natural, 37–41% accidental, 6–
9% suicides, 3–5% homicides and 12–15% unknown
(Tangmose Larsen and Lynnerup, 2011).
All three sections of forensic pathology have a CT
scanner. This makes it possible to perform a CT scan
of the whole body before each autopsy. It has been an
important supplement to the autopsies and an improvement in the documentation of several conditions, for
example, fractures, pathologies and traumatic lesions,
foreign bodies and free air in the body. The technique
is valuable for producing three-dimensional reconstructions of the body with specific lesions.
7.6 Clinical forensic medicine
The forensic pathologists at the three university institutes also carry out clinical medical examinations.
Unlike autopsies, the number of these examinations
has been rising, and they are now more numerous
than forensic autopsies. The clinical forensic medical
examinations are made at the request of the police and
comprise perpetrators and suspects as well as victims,
focusing on the documentation of lesions. The examinations may also include securing biological trace evidence.
Examinations of victims of severe violence, including
gunshot and stab wounds, may take place at the hospital
trauma care unit, where such victims may have been
brought in. Thus, the forensic medical examiner works
alongside the doctors treating the victim, and may
thus document lesions and wounds at or even before
surgical revision. In such cases the forensic medical
examiner also considers whether the victim’s life was in
danger.
Rape victims constitute the largest group of victims being examined clinically. These examinations take
place at special centres for rape victims, and are made
in close cooperation with specially trained nurses and
medical specialists in gynecology, who are also responsible for the subsequent treatment of the rape victims.
Likewise, child victims of physical and sexual abuse
are examined at hospital child care units or at special
centres for child victims. The examinations are made
in close cooperation with pediatricians and pediatric
nurses.
Torture victims may also be examined at the forensic medical institutes. Such examinations may be made
at the behest of the Danish immigration authorities in
cases of asylum applications, where the result of such
examinations may play a part in the full assessment of
an application.
7.7 Forensic genetics
Serological analyses using the ABO blood typing system of Landsteiner were introduced at the department
in Copenhagen in1926 (Gormsen, 1979). A section for
forensic serology was set up in 1935. Obviously, this
section has seen a huge expansion with the advent of
the modern forensic DNA methods in the late 20th century. A unit for forensic anthropology was started in
1958 at the Department in Copenhagen for determining paternity, combining tissue typing, serological analyses and morphological examinations (e.g., head shape,
facial features, etc.). The modern DNA techniques have
since completely replaced these analyses.
Today, the section of Forensic Genetics at the University of Copenhagen, which is also the only forensic genetic laboratory in Denmark, analyzes material to
types of cases: criminal cases and paternity cases. In
criminal cases such as burglary, rape or murder, DNA
profile analyses from biological material such as blood,
saliva, tissue or semen from a crime scene are compared
with the DNA profile analyses found in a suspect or a
person in the DNA register (University of Copenhagen,
2014).
In paternity cases the DNA profiles from one or
more males are compared to the child’s DNA profiles.
The mother’s DNA is usually also investigated as this
strengthens the overall results. Similar studies may be
made in immigration cases (in these cases it is examined
whether the alleged relationship between an immigrant
and a person seeking permanent residence in Denmark
may be present) (University of Copenhagen, 2014).
Forensic science in Denmark
7.8 Forensic toxicology
Forensic chemistry and toxicology became part of the
remit of the Forensic Medical department in Copenhagen in 1972; until then, these analyses had been
performed by the Institute of Pharmacology (Gormsen,
1979). Analyses for alcohol, not least in connection with
traffic offenses, have though been made at the Forensic
Medical Department since 1922.
Today, forensic chemical (toxicological) analyses are
performed at the departments of Forensic Medicine in
Copenhagen, Aarhus and Odense. The analyses concern forensic toxicological analyses in connection with
autopsies and of living persons in connection with driving under the influence of drugs and narcotics as well
as criminal offences. This also includes blood alcohol
measurements. The toxicological investigations include
screening, identification and quantification of alcohol,
drugs, narcotics and technical poisonings. Furthermore,
effects/seizures received from the police and the juridical
system are investigated for narcotics, drugs and anabolic
steroids (University of Copenhagen, 2014; Aarhus University, 2014; University of Southern Denmark, 2014).
7.9 Forensic odontology
Forensic odontology emerged in Denmark as a specialty
at the Copenhagen School of Dentistry in 1964 (Severin,
2005). Preceding this, forensic odontological examinations had been performed sporadically, mostly in connection with identification, following Nordic awareness
of how odontological identification had been performed
in Paris, France, after the fire at the Bazar de la Charité
in 1897 (Keiser-Nielsen, 1992). The impetus for organizing the specialty, and ultimately including it as a proper
specialty at the School of Dentistry, was no doubt also
influenced by an airplane accident in 1947, where 22
people were killed at the Copenhagen Airport, the
Swedish Crown Prince being one of the victims (Severin,
2005).
The Copenhagen School of Dentistry is now incorporated in the Faculty of Health Sciences, University of
Copenhagen, and in 1993 the section for forensic odontology was transferred to the Department of Forensic
Medicine, Section of Forensic Pathology. The remit for
the section comprises odontological identification of
the deceased and age determination of the living, the
71
latter especially determining the age of asylum seekers,
that is, whether an age above or below 18 years may
be determined as well as bite mark analyses (Severin,
2005). At the University of Copenhagen, Department of
Forensic Medicine, Section of Forensic Pathology, there
is a forensic odontologist employed on a permanent
basis. Furthermore, there are forensic odontologists
associated with the three forensic institutes in Aarhus,
Odense and Copenhagen comprising 10–15 active
forensic odontologists nationwide (Danish Society for
Forensic Science, 2014). These forensic odontologists
work as consultants employed on a freelance basis, and
may be called upon by the Disaster Victim Identification
(DVI) team under the National Police (see below). In
addition to the forensic odontologists there are 60–70
dentists (members of the Danish Society for Forensic
Odontology, DROF) with sufficient forensic dental skills
to be able to assist in forensic dental work (Danish
Society for Forensic Science, 2014).
7.10 Forensic anthropology
Forensic anthropology, in the terms of specifically analyzing human skeletal remains, is practiced at all three
university institutes. The Unit of Forensic Anthropology
at the Department of Forensic Medicine at the University
of Copenhagen further performs analyses of surveillance pictures and videos. These analyses may comprise
comparison of facial images, gait analyses and photogrammetry. A typical case would be a bank robbery,
where the perpetrator has been caught on camera. If
the police find a suspect, any likeness between a suspect and the perpetrator can be evaluated (University of
Copenhagen, 2014).
The Unit of Forensic Anthropology in Copenhagen
also curates a major collection of human skeletal
findings from Danish archaeological excavations. The
collection includes more than 30,000 items from
Danish pre-historical and historical periods ranging
from the Mesolithic age (10,000 to 6,000 BCE) to
the 17th century. It also holds material from Greenland, the Faroe Islands, Egypt and other cultural
areas (University of Copenhagen, 2014). The University of Southern Denmark also curates a major
skeletal collection, mostly from the Danish medieval
period (Anthropological Database Odense University,
2014). The size of the collections and the extensive
72
Chapter 7
archaeological documentation of the materials make
them unique in a national and international research
perspective.
7.11 Disaster Victim Identification
(DVI) team
The National Police has a DVI team consisting of police
officers and technicians, forensic pathologists and anthropologists from the Danish universities. The Danish DVI
team was activated in connection with the tsunami disaster in South-East Asia in 2004. This was a major task
for the team (Schou et al., 2012).
7.12 National forensic societies
The Danish Society for Forensic Odontology has already
been mentioned. There is also a Danish Society for
Forensic Science, which regularly meets for the exchange of forensic scientific knowledge. The Society also
organizes courses, not least with a view for other medical
specialties as well as nonmedical participants, for example, police and attorneys (Danish Society for Forensic
Medicine, 2014). A key role for the Society is to oversee
and regulate the specialty education for forensic pathologists. This is done in close cooperation with the Danish
Health and Medicines Authority and the three university institutes.
The Society also participates in a Scandinavian joint
effort in publishing the Scandinavian Journal of Forensic
Science. The journal papers are freely accessible online,
and a hard copy journal is published twice yearly (Scandinavian Journal of Forensic Science, 2014).
References
Aarhus University (2014) AU.dk, viewed on 10 February 2014,
http://forens.au.dk/en/.
Anthropological Database Odense University (2014) adbou.dk,
viewed on 10 February 2014, http://www.adbou.dk/.
Brockmann, O. (2009) Fældende beviser. En kriminaltekniker
fortæller, Gyldendal, Copenhagen, Denmark.
Danish Police (2014) The Danish Police, viewed 10 February
2014, https://www.politi.dk/en/servicemenu/home/.
Danish Society for Forensic Medicine (2014) viewed 10 February 2014, http://www.forensic.dk/?pageid=0801.
Duedahl, P., Wodskou Christensen, P., Bergendorff Høstbo,
G. (2013)Forbrydelsens ansigt, Gads Forlag, Copenhagen,
Denmark.
Gormsen, H. (1979) Retsmedicin, in Københavns Universitet
1479–1979, Det Lægevidenskabelige Fakultet, bind VII, Eds. J.
Melchior, E. Andreasen, K. Brøchner-Mortensen, A. Gjedde,
V. Møller-Christensen, D. Trolle, University of Copenhagen,
Copenhagen, Denmark, pp. 479–488.
Hoeck, E. (1951a) Den politimæssige bekæmpelse af forbrydelser i Danmark med træk af krminalpolitiets historie, 1.
Del, in Kampen mod Forbrydelsen, bind I, Emil Wienes Forlag,
Copenhagen, Denmark.
Hoeck, E. (1951b) Den politimæssige bekæmpelse af forbrydelser i Danmark med træk af krminalpolitiets historie, 2.
Del, in Kampen mod Forbrydelsen, bind II, Emil Wienes Forlag,
Copenhagen, Denmark.
James, S.H., Nordby, J.J. (Eds.) (2003) Forensic Science, CRC
Press, New York.
Justice Department (2014) Justitsministeret.dk, viewed on 10
February 2014, http://www.justitsministeriet.dk/generelt/
english.
Keiser-Nielsen, S. (1992) Teeth that Told, Odense University
Press, Odense, Denmark.
Retsinformation.dk, (2014) Retsplejeloven, viewed 10 February 2014, https://www.retsinformation.dk/Forms/R0710.
aspx?id=157953.
Scandinavian Journal of Forensic Science (2014) De Gruyter
Publishing, viewed on 10 February 2014, http://www.
degruyter.com/view/j/sjfs.2013.19.issue-1/issue-files/sjfs
.2013.19.issue-1.xml.
Schou, M.P., Knudsen, P.J.T. (2012) The Danish Disaster Victim
Identification effort in the Thai Tsunami – organisation and
results, Forensic Sci. Med. Pathol. 8, 125–130.
Severin, I.P. (2005) Tandlægeskolen I København 1888–2000 – Liv
og Historie, Munksgaards Forlag, Copenhagen, Denmark.
Tangmose Larsen, S., Lynnerup, N. (2011) Medico-legal
autopsies in Denmark, Danish Medical Bulletin 58(3):
A4247.
Tryde, G. (1939) Retsmedicinske Erklæringer afgivet af Københavns
Universitets medicinske Fakultet i Aarene 1630–1662, Nyt Nordisk
Forlag-Arnold Busck, Copenhagen, Denmark.
University of Copenhagen (2014) KU.dk, viewed 10 February
2014.
University of Southern Denmark (2014) SDU.dk, viewed on 10
February 2014, http://www.sdu.dk/en/om_sdu/institutter
_centre/ri_retsmedicinsk_institut.
CHAPTER 8
The practice of forensic science in Egypt:
a story of pioneering
Dina A. Shokry
Faculty of Medicine, Cairo University, Cairo, Egypt
Egypt
The practice of forensic sciences in Egypt is the responsibility of three governmental bodies: the Egyptian
Medicolegal Authority (Ministry of Justice), the Departments of Forensic Medicine and Toxicology (Egyptian
universities – Ministry of High Education) and the General
Administration for Criminal Evidence Investigations
(Ministry of Interior) (Figure 8.1).
Throughout this chapter we are going to explore
the different aspects of forensic science practice via
throwing light on the practice in each of these justice
bodies.
8.1 Departments of Forensic
Medicine and Toxicology and
Egyptian universities – Ministry
of High Education
8.1.1 Historical background
The origin of forensic medicine is hidden in the mists
of antiquity, dating from the beginnings of family and
tribal life. Recorded human history goes back for 6000
years. The ancient Egyptians were the first to apply
forensic practice – as it is known now – to call experts
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
73
74
Chapter 8
Forensic science practice in Egypt
General Administration for
Criminal Evidence Investigations
Ministry of Interior
Medicolegal Authority
Ministry of Justice
Departments of Forensics
Ministry of High Education
Figure 8.1 Forensic science practice in Egypt.
to question them and to do autopsies on corpses. The
history of autopsy is intimately related to medicine and
anatomy. According to the Egyptian historian Manetho,
the king-physician Athotis (BC 4000) wrote books on
medicine, the first of which contained some anatomic
descriptions (King and Meehan, 1973).
The Egyptian Imhotep (BC 2667–2648) was probably
the first real medicolegal expert. He combined in his
person the offices of Chief Justice and of physician to
Pharaoh Zoser, much like some of the English coroners
with dual qualifications in law and medicine (Deadman,
1965).
In ancient Egypt, the acts of the medical man were
circumscribed by law. Stab wounds were differentiated
in the 17th century BC. The Egyptians had a thorough
knowledge of poisons. There is evidence that priests
made determinations regarding the cause of death and
whether it was natural or not (Oliver, 1932).
In modern times, a committee of foreign doctors in
1820 was invited to initiate teaching medicine at the
School of Medicine in Abu Zaabl, which included teaching forensic medicine in its curricula. By the time of Khedive Ismail Dr. Ibrahim Hassan was advised to travel to
Germany to be trained in forensic medicine at the University of Berlin after returning from his medical studies
in France in 1862.
In 1870, Dr. Ibrahim Hassan started teaching forensic
medicine as a separate subject at the school of medicine.
His followers were Professor Dr. Colin and Professor
Dr. Hamilton. In 1928, The School of Medicine became
the Faculty of Medicine and Professor Dr. Sidney Smith
was the first Chairman of the Department of Forensic
Medicine that served both academic and field work.
The establishment of the Museum of Forensic Medicine
at Cairo University was done by that time, which is so
far one of the greatest museums of forensic medicine in
the world, having more than a thousand life specimens
with different injuries and causes of death. Professor
Dr. Glaister followed him until 1932, the date when
separation between the academic and field forensic
practice took place. Then, Professor Dr. Mohamed
Omara came to the position to be the first Egyptian
to chair the department of forensic medicine at Cairo
University (Ramzy, 1992).
Nowadays, there are 17 public schools of medicine
(Kasr El-Aini, Alexandria, Ain Shams, Al-Azhar University – for males and females, Al-Fayum, Al-Minya,
Assiut, Banha, Bani Suwayf, Sohag, Mansoura, Minufiya, South Valley, Suez Canal, Tanta and Zagazig Universities) and two private schools of medicine (Misr
University of Sciences and Technology (MUST) and
6th of October University), each with a department of
forensic medicine and toxicology (Supreme Council of
Universities–Egypt, www.scu.eun.eg/).
The academic departments of Forensic Medicine and
Science at the Egyptian Universities encompass two disciplines, forensic medicine and toxicology.
8.1.2 The policies for recruitment
and training
Demonstrators in different departments in Egyptian universities are recruited from the medical graduates who
apply for the job and following the best ranking among
applicants. Through Master (MSc) and Medical Doctorate (MD) postgraduate studies, the candidate should
fulfill training requirements stated in the postgraduate
university curriculum (clinical forensic medicine, forensic pathology and forensic sciences).
8.1.3 Manpower
There are hundreds of staff members in these departments; full professors, assistant professors, lecturers,
assistant lecturers and demonstrators.
After the doctorate degree the assistant lecturer
becomes a lecturer. To be promoted to the next Chair,
the staff member should pass the supreme forensic council discussion for the researches and scientific activities
The practice of forensic science in Egypt
proposed by him. The candidate cannot be proposed to
the next Chair before a lapsed period of five years.
8.1.4 Responsibilities
1. Teaching. Staff members in the departments of forensic medicine and toxicology in Egyptian universities are responsible for the academic teaching of
undergraduate and postgraduate students. Forensic
sciences and toxicology are core curriculum subjects in the Egyptian medical education for 4th year
undergraduate medical students (clinical phase) who
should pass written, practical and oral exams. The syllabus includes topics in forensic medicine, forensic
and clinical toxicology and medical ethics and laws.
Postgraduate degrees of forensic medicine and toxicology (Diploma, Master and Doctorate degrees) are
also granted by various universities.
2. Research. Research projects are in accordance with the
strategic plan for each university. Personal academic
research initiatives are also part of university academic activities.
3. Training workshops, seminars and conferences are also
among university activities.
4. Consultation in forensic cases after a court mandate to
write down medicolegal reports. These reports should
be approved by three or five professors according
to the court mandate. Egyptian universities receive
about 2000–3000 cases annually.
5. Consultation on personal basis for the cases that asked
for medicolegal reports in different forensic issues.
6. Laboratory analyses. Chemical and analytical analyses are made for samples from individuals and
agencies for screening of drugs of abuse and different toxicological screening. DNA typing in paternity testing is also accomplished in some forensic
departments.
7. Clinical toxicology practice in poisoning control centers. The
majority of forensic departments at Egyptian universities have a clinical toxicology unit that deals with
cases of acute poisoning.
8.2 The Egyptian Medicolegal
Authority – Ministry of Justice
The Egyptian Medicolegal Authority has a pivotal role
that contributes significantly to the achievement of justice and unraveling of the mysteries of many crimes.
75
8.2.1 Historical background
This dates back to the date of initiation of the Ministry of Justice. In the early days, the authority was
run by a physician who was appointed as a part time
worker in forensic cases by the Ministry of Health. Starting from 1890, the forensic practice was the responsibility of physicians commissioned from the Ministry of
Health and by that time the emergence of forensic interest had been launched.
On the first of June 1890, Dr. Hassan Pasha Refky
was commissioned from the Ministry of Health to the
Ministry of Justice (or Alhakania by this time) to be the
first forensic expert in the history of the Medicolegal
authority. His office was in the Court of Appeals building
and only serious cases were referred to him.
In September 1897, Dr. Nolon was appointed as the
first forensic physician. His office was in the Ministry of
Justice but he was transferred to the public prosecutor
building in January 1902.
In April 1906, Dr. Thomas Hamilton was appointed
as the assistant of Dr. Nolon, who transferred later in
April 1909 to the Ministry of the Interior. Dr. Mahmoud
Maher was appointed as the assistant of Dr. Thomas
Hamilton in July 1909.
Dr. Sidney Smith was upgraded to be the Chief Medical Examiner in January 1928 and Dr. Mahmoud Maher
became the senior forensic physician. On November 24,
1928, His Excellency Ahmed Pasha khashba, Minister
of Justice, issued the first Bylaws of the Medicolegal
authority in Egypt (Ramzy, 1992).
Now there are a large number of forensic science
experts working in branches covering most of the Egyptian governorates (Figure 8.2).
8.2.2 Forensic field work
This deals with both autopsy and clinical forensic practice. The departments cover 19 governorates out of
28 all over the country. The head office and central
mortuary are in Cairo – the capital city – at the Zenhom area. There are forensic medicine areas in most
provinces (Cairo, Alexandria, Beheira, Menoufia Qaliubiya, Zagazig, Ismailia, Beni Suef, Fayoum, Qena, Aswan
and Sohag–Port Said–Kafr El Sheikh–Mansoura) and the
provinces that do not have a legitimate medical area are
covered by the closest region (as in the case of Damietta
covered by Mansoura).
The photography and photocopy unit covers
photographing of living cases and corpses as well.
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Chapter 8
Egyptian Medicolegal Authority
Forensic field work
Forensic laboratories
Medical laboratories
Serology and
identification
of stains
Bacteriology and
contamination
testing
Forgery and counterfeiting
Chemical and analytical
Pathology and
microscopic
examination
DNA and
paternity
testing
Andrology and
sexual function
assessment
Figure 8.2 Departments and administrative units.
Photocopying of the documents and reports are also
part of its work.
In the forensic imaging unit X-rays were used for
cases of injuries including firearm injuries. A comparison microscope for examination of the weapons is also
part of the department.
Crime scene investigation is done in a very limited
number of cases in which examination of the scene by
the forensic expert is necessary for the report. This cannot be offered in every case as there is a limited number
of forensic physicians.
8.2.2.1 Manpower
The total number of forensic experts are 160. The number of working forensic experts covering the whole
provinces of Egypt are 90 physicians and specialists, 15
of whom work in the head office in Cairo. There are 70
experts working in different Arab countries.
8.2.2.3 Workload and number of cases
During 2013 the number of autopsied cases in Cairo
were 3141, while the clinical cases accounted for 5252.
8.2.2.2 Responsibilities
Their responsibilities are to issue medicolegal reports for
the referred cases from prosecutors and courts.
Living cases include different types of injuries with
an estimation of disabilities, suspected criminal abortion,
suspected rape and sexual offences, attempted homicide
and suicide, malpractice and medical responsibility, suspected impotence and sexual dysfunction, and workplace accidents and an estimation of disabilities.
External examination and autopsy for suspected cases
of homicide or suicide are among the forensic expert’s
workload.
8.2.2.4 Recruitment and training
The new forensic physicians are recruited after been
selected via a newspaper announcement and passing
the interview. The training program takes place for six
months before each trainee can begin his/her professional career.
8.2.2.5 Consultants and consultancy
Consultants from different medical specialties (surgery,
orthopedics, radiology, psychiatry, urology, neurosurgery, anesthesia, cardiology and cardiac surgery) give
their scientific opinion to the forensic expert if needed,
especially in malpractice cases. The consultant’s opinion
is then included in the final medicolegal reports.
The practice of forensic science in Egypt
8.2.3 Forensic laboratories
Forensic laboratories are part of the forensic practice.
The Medicolegal Authority includes two main laboratories:
1. Medical laboratories. These specialized laboratories are only located at the headquarters in Cairo.
They are further subdivided into five specialized
laboratories:
r Serology laboratory, which is responsible for
grouping of biological fluid samples (blood, semen
and saliva) taken from cases or extracted from
the scene of the crime. The manpower of the
Laboratory is 35 physicians and the total cases
received during 2012 were 1941.
r DNA laboratory, which deals with cases of
paternity testing and personal identification via
examination and analyses of blood, blood stains,
semen, nails and bones. There are 11 specialized physicians working in this laboratory, who
aremedical graduates who receive hands-on
training and specialty degrees; 2774 cases were
displayed during 2012. Samples from unidentified
dead bodies have been examined and the results
were stored for future matching.
r Forensic pathology laboratory, where the tissue
samples from the autopsied bodies have been
processed and examined. Classic H&E staining
and examination via an electric microscope are
the routine approach for these cases, where 13
medical pathology specialists are the manpower of
the unit and have accomplished 729 cases during
the year 2012.
r Andrology laboratory, which is a specialized
laboratory that deals with cases of suspected
impotence and sexual dysfunction. They are
concerned with routine laboratory testing (blood
sugar, CBC, liver and kidney function tests, etc.),
semen analysis and tests to assess sexual functions. There are five physicians, who received and
accomplished 372 cases during the year 2012. As
for the assessment of sexual function, cases of
suspected impotence are referred to an andrology
consultant.
r Bacteriology laboratory. The responsibility of this
laboratory is to analyze samples taken from cases
and utensils in suspected cases of bacteriological
contamination. The laboratory received 24 cases
during the year 2012.
77
2. Chemical and analytical laboratory. The administrative structure of the Egyptian Medicolegal Authority includes six chemical and analytical laboratories
covering all provinces in Egypt (Alexandria, Ismailia,
Assuit, Mansoura, Algharbia and Banisuef governorates), with the central laboratory in Cairo.The
number of experts is 86, who graduated from schools
of sciences and pharmacy. Chemical analyses of biological samples for screening of different poisons
and drugs of abuse are the main duty of this laboratory. The total number of cases displayed from
January through December 2012 were 7297.Analyses are done using chemical and instrumental
techniques.
8.2.4 Counterfeiting and forgery
department
8.2.4.1 Terms of reference
This department specializes in forgery scans of all types
of currencies, official and customary documents that are
needed for justice. These cases should be referred from
the prosecutors or the court.
8.2.4.2 Types of referred cases
1. Criminal cases: those cases concerning the rights of
the state.
2. Civil cases: those mainly based on the presence of a
prosecutor of civil rights.
8.2.4.3 Tasks
1. Comparing handwritings.
2. Examination and comparison of signatures.
3. Checking the fingerprints of government and personal seals.
4. Examinations of documents for total or partial
forgery.
5. Examination of all types of local currencies and the
global ones (whether coins, paper or plastic and
electronic cards).
6. Checking all types of passports and visas, and travel
permits local and global.
7. Checking weapons and car chassis.
8. Identification of cases of writing under different
pathological situations and under the influence of
coercion, alcohol or drugs, etc.
9. Dating of the document writing.
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Chapter 8
10. Restoration and reappearance of writings that have
been erased automatically or chemically.
11. Examination of electrostatic copying machines (regular and colored).
12. Examination of computers and their accessories, like
scanners and printers, searching for physical evidence – if any.
13. Examination of printing machines, both traditional
and updated ones, searching for physical evidence –
if any.
14. Examination of documents for sorting their chronological order and to identify the relation between the
core of the document and signatures.
15. Linking the output of the printing devices and the
questioned documents.
16. Examination of suicide letters and writings in terminal diseases and imminent deaths.
17. Revisualization of the scripts written with volatile
and vanishing inks.
8.3 General administration for
criminal evidence investigations – the
Ministry of the Interior
The department of personal identification in the Ministry of the Interior was established in 1898, and since
then there has been an increasing contribution of police
in the justice achievement.
The general administration for criminal evidence
investigations – theMinistry of the Interior (Figure 8.3) –
has two main agencies.
8.3.1 Fingerprints agency
This agency was established in 1957 for registration of
fingerprints of the Egyptian population and later on
computers replaced the manual registration. It is now
fully digitalized and the database includes almost all
Egyptians.
8.3.2 Criminal laboratories agency
8.2.4.4 Sections
1. The central administration: located at the Medicolegal building, which investigates cases referred from
Cairo governorate.
2. Public administration: located at the Ministry of Justice building and investigates the cases referred from
the provinces of Giza, Fayoum and Beni Suef.
3. Department of Alexandria.
4. Department of Tanta.
5. Department of Assiut.
6. Department of Qena.
7. Department Kaliobeya.
8. Department of Ismailia.
9. Department of Port Said.
10. Department of Mansoura.
8.2.5 Manpower and number of forgery
and counterfeiting experts
The total number of experts working in the department
of counterfeiting and forgery is 262. The majority of
them are graduates from schools of the sciences and
pharmacy. Some of the qualified experts share in the
training courses for bank workers and prosecutors.
The total number of cases displayed during the year
2012 was 29,931.
This agency includes the following administrative
departments:
1. The Crime Scene Investigation Department is responsible for the documentation and photography of the
scene. The crime scene investigators have the responsibility of protecting crime scenes, preserving the
physical evidence and collecting and submitting the
evidence for scientific examination. The evidence
includes fingerprints, suspected stains, fibers, hairs,
clothes, weapons, etc.
2. The Counterfeiting and Forgery Department has
the role of investigating the suspected documents
and currency. The unit of voice print analyses and
acoustic analyses, which involves tape filtering and
enhancement, tape authentication, gunshot acoustics, reconstruction of conversations and the analysis
of any other questioned acoustic event, is also a part
of this department.
3. The Crime Scene Photography Department is responsible for taking photos and making video tapes from
the crime scene. The photos and videos are used to
produce an accurate reproduction of crime or accident scenes to be used in court and/or an investigation. It is part of the process of evidence collection. It provides investigators with photos of victims,
places and items involved in the crime. The duties of
The practice of forensic science in Egypt
79
General Administration for Criminal Evidence Investigations
Fingerprints
Crime scene
investigation
Biological
investigations
Criminal laboratories
Counterfeiting
and forgery
Imaging
investigations
Crime scene
photography
Chromatography
analyses
Laboratory
investigations
Fire and
explosives
Electron
microscopy
Drugs of abuse
analyses
Figure 8.3 The general administration for criminal evidence investigations.
this department extend to cover face recognition and
matching via manual sketching or digital reproductions together with facial reconstruction and personal
identification.
4. The Fire and Explosive Investigation Department has
the major role of sponsoring and fostering the collection and analysis of fire and explosion debris.
5. The Laboratory Investigations Department is further
subdivided into five units:
a. The biological investigations unit, whose duties
include analysis of the biological samples of blood,
saliva and semen tissues and matching these with
the suspects or the putative and biological fathers
in cases of paternity testing.
b. The imaging investigations unit.
c. The chromatography unit.
d. The electron microscopy unit.
e. The drugs of abuse analyses unit.
Most of the human power working in these laboratories and departments are officers with a science background and qualifications.
The administrative structure of the General Administration for Criminal Evidence investigations is divided
into a central administration covering Cairo, Giza and
Qualyobia governorates and five local administrations in
the West Delta Region, Suez Canal and Sinai Region in
Ismailia city, Middle Delta Region in Tanta city, northern upper Egypt in Assiut city and southern upper Egypt
in Qena city.
It is not possible to miss the overlap between duties of
the forensic laboratories affiliated to the Ministry of Justice and those of the Ministry of the Interior. The prosecutors or the court are the ones who mandate the work
for any of them.
8.4 Funding policy
All the bodies included in the justice system were mostly
funded by the Government of Egypt through a balance of payments method. The Medicolegal Authority
is funded by the Ministry of Justice, medical schools by
the Ministry of High Education and crime scene investigation laboratories by the Ministry of the Interior.
8.5 Political influences
Egypt offered humanity the oldest political system in the
world. On the banks of the River Nile the first unified
central government in history was established, so politics
is always a crucial part of people’s lives.
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Chapter 8
All workers in the field of forensic science in Egypt
believe that independency is the cornerstone in the
achievement of justice.
Political turbulence adds a burden to the forensic practice workload due to the increasing number of cases that
necessitate the development of a concrete strategic plan
for management crises.
8.6 Future steps for development
of the forensic science sector
The regulatory status of forensic science practice in the
Arab Republic of Egypt differed over time. It was run by
the Head of the Department of Forensic Medicine – Cairo
University, who is also the chief medical examiner, that
is, he chaired both the academic and field work of forensics. This administrative system was applied until the
year 1932 when the administrative separation between
academic and field work took place. Bernard Knight
described the separation of those who practice forensic
pathology from those who profess to teach it in universities as a serious defect (Knight, 1996).
The core recommendation for development is to
establish an integrated cooperation between scientific
and academic work, which is the primary objective of
the departments of forensic medicine in different Egyptian universities and the fieldwork that is the responsibility of the Egyptian Medicolegal Authority. This kind
of cooperation may be accomplished in many ways. The
forensic staff members of different universities should
take part in the clinical forensic practice by being responsible for the documentation and medicolegal handling
of trauma victims referred to different university hospitals to compensate for the limited number of forensic
examiners in the Ministry of justice. The forensic staff
will cover clinical work 24/7 (24 hours a day for 7 days
a week), which will offer better preservation of biological evidence, especially in cases of sexual assaults, where
victims often present to medicolegal authority some days
after the assault due to its limited working hours.
The other way of integration is to develop unified
training programs for the forensic sciences practitioners from universities and the Ministry of Justice. These
training programs will be structured by the supreme
forensic council of both parties.
Other points of concern in the process of development
in the field of forensic practice in Egypt are:
r The development of training programs, logistics and
equipment, especially in the light of rapid and successive progress in forensic sciences, is considered as a
basic need for upgrading the Egyptian forensic science
practice.
r Introduction of different forensic subspecialties, i.e.
forensic anthropology, archeology, dentistry, imaging, psychiatry, etc. This step will allow specialized
forensic examiners to be part of the justice system in
Egypt and will offer better management of forensic
cases.
r Implementation and restructuring of the crises management strategies is mandatory to cope with crises
and disasters. This should be accomplished via a distinctive body dedicated to this purpose.
r To ensure the continued outstanding performance we
must develop strategies for auditing and internal control to seek for international accreditation of forensic
laboratories and forensic practice.
Egyptian civilization was the first great civilization
on this planet and the first forensic practice evolved
in its land. Egyptian forensic science practitioners have
great potential to proceed in the process of development for better enforcement of justice and regaining the
leadership.
I leave you with the wise words of Aristotle (Greek
philosopher BC 384–322):
We are what we repeatedly do, therefore excellence is not an
act, but a habit (Durant, 1926).
Acknowledgements
The author is deeply indebted to Dr. Hisham A. Farag,
the Director of Zenhom Mortuary, for the information
he gave to me about the administrative structure and
flow of cases to the Egyptian Medicolegal Authority,
Ministry of Justice, Egypt. The sources of the administrative structure and statistics of the received cases were
the paper archiving systems in each organization.
References
Deadman, J.W. (1965) Forensic medicine: an aid to criminal
investigation. Can. Med. Assoc. J. 27; 92(13): 666–670.
The practice of forensic science in Egypt
Durant, W. (1926) The Story of Philosophy. The Lives and Opinions
of the World’s Greatest Philosophers, Simon and Schuster, New
York, pp. 76.
Gradwohl, R.B.H. (1954) The history and development, in Legal
Medicine, Ed. R.B.H. Gradwohl, St. Louis, USA, pp. 3.
Imhotep sculpture: the Egyptian Museum, Berlin in Encyclopedia Britannica. http://www.britannica.com/EBchecked
/topic/283435/Imhotep.
King, L.S. and Meehan, L.C. (1973) A history of autopsy, a
review. Am. J. Pathol. 73: 514–544.
81
Knight, B. (1996) Forensic autopsy, in Forensic Pathology, Ed. B.
Knight, Hodder Arnold Publishers, London, pp. 2.
Oliver, J.R. (1932) Legal medicine in Europe and America.
A.B.A.J. 18: 405–411.
Ramzy, A.M. (1992) The history of forensic medicine, in Forensic
Medicine Between Prosecution and Defense, Eds. A.M. Ramzy et al.,
Lawyer’s Library Publisher, Cairo, Egypt, pp. 58–61.
Supreme Council of Universities – Egypt (http://www.scu.
eun.eg).
CHAPTER 9
The practice of forensic science in Estonia
Marika Väli1,2 , Üllar Lanno2 & Ivar Prits2
1 Department
2 Estonian
of Pathological Anatomy and Forensic Medicine of the University of Tartu, Estonia
Forensic Science Institute, Tallinn, Estonia
Estonia
9.1 Introduction
The Estonian Forensic Science Institute (EFSI) is a State
Agency established on 1 January 2008 and governanced
by the Ministry of Justice (Figure 9.1).
The principal objectives of the Institute are the provision of forensic science expertise in criminal cases
according to the competence, the development of the
fields of forensic science, the forensic training of police
agencies and consultation on matters related to the
duties of the Institute, and the administration of national
databases and registers. The Institute comprised at that
time its Forensic Science Departments, the DNA Department, the Document Department, the IT Department,
the Chemistry Department, the Fingerprint Department, the Crime Scene Department, the Traffic Department, the Technical Department, the Forensic Science
Division of the Security Police, the Forensic Psychiatry Division, the Economy Division, the Administration Division, the Quality Division and the Personnel
Division. The Institute is not continuing the activities of
the Crime Scene Department and the Forensic Science
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
83
84
Chapter 9
Figure 9.1 Map of Estonia. Source: Estonian Forensic Science
Institute archives.
Division of the Security Police as both were transferred
to the initial bodies.
The Quality Management System was based on two
internationally recognized standards: EVS-EN ISO/IEC
17025:2006, General requirements for the competence
of testing and calibration laboratories (ISO/IEC 17025:
2005) and EVS-EN ISO 9001:2008, Standard for Quality
Management Systems (ISO 9001:2008). Also, the Quality Management System was expanded with the third
standard, EVS-EN ISO/IEC 17020:2006, General criteria
for the operation of various types of bodies performing
inspection (ISO/IEC 17020:1998). In its activities, the
Institute follows the principles of the European Network
of Forensic Science Institutes (ENFSI): to be impartial, to
operate on a high professional and technical level, to be
cost-effective, to guarantee the reliability of its expertise results and to be acknowledged at the national and
international levels in its activities. The EFSI has been an
ENFSI member since 1998.
9.2 History
The first mentioned activity in Estonia was the Cabinet of Forensic Science (CFS) (Figure 9.2) at the Court
Prosecutor’s Office, established on 5 August 1921. The
founder of the CFS, chemist Professor Karl Schneider,
was invited from Riga, Latvia.
The Cabinet reorganization started in 1938. The Forensic Science Institute (FSI), as the first forensic service
institution, officially started its activities after the release
of the Declaration of the Code of Courts on 6 April 1938.
The FSI was mainly serving at that time the Prosecutor’s
preparations for court proceedings. Professor Feliks Wittlich was nominated to the position of Director.
The activities of the FSI were randomly stopped during
World War II.
Starting in 1944, the Soviet Union annexed the
Baltic States as the Estonian, Latvian and Lithuanian
SSRs. The judiciary was not independent from other
branches of government. The Supreme Court supervised the lower courts (People’s Court) and applied
the law as established by the Constitution or as interpreted by the Supreme Soviet. The Constitutional Oversight Committee reviewed the constitutionality of laws
and acts. The Soviet Union used the inquisitorial system of Roman law, where the judge, procurator and
defence attorney work together to establish the truth.
Forensic examinations were carried out throughout the
USSR in systematic order where the “Militia” (Russian “Police”) Crime Investigation Laboratory, Prosecutor’s Office Technical Examination Laboratory and
University of Tartu Legal Medical Unit operated simultaneously side-by-side. At the end of 1944, the position of the chief expert of legal medicine was created.
In the 1950s and 1960s, implementation of legal medical examinations was complicated and to support
the demand autopsies were performed by the doctors of other specialities, which resulted in a number of exhumations. In the Soviet era the continuous
training of Estonian forensic pathologists took place in
Russia (mostly in Leningrad, the present name of which
is St. Petersburg). Forensic psychiatry examinations
were carried out in hospital psychiatry clinics by regular
doctors.
Estonia regained its independence from the USSR on
20 August 1991. After this, Estonia needed to deal with
the consequences of almost 50 years of Soviet totalitarian rule, while taking measures for the rapid and
efficient integration into the European economic area.
Estonian reforms were aimed at lustration, the economy, and the law enforcement and judicial systems.
In 1993 the first reform in the Forensic field started
when the Police Crime Investigation Laboratory and
Prosecutor’s Office Technical Examination Laboratory
were merged into a united structural unit in the National
Police Board. The name of this new organization was the
The practice of forensic science in Estonia
85
Figure 9.2 Cabinet of Forensic Science, 1921. Source: Estonian Forensic Science Institute archives.
Forensic Service Centre. At the same time, in 1993, the
institution in charge of forensic medical expert analyses
was renamed the Estonian Bureau of Forensic Medicine
(EBFM). Furthermore, in 2002, the EBFM was removed
from the jurisdiction of the Ministry of Social Affairs
and was moved under the jurisdiction of the Ministry of
Justice.
The second major merging reform of the two main
agencies – the Estonian Bureau of Forensic Medicine
under the Ministry of Justice and the Forensic Service
Centre under the government of the Ministry of the
Interior – started in spring 2006. Introduction of the new
initiative was made at a regular ministers’ meeting in
March.
In June 2006, the Ministers of Justice and Interior
agreed to merge the agencies into one governmental
authority under the area of government of the Ministry
of Justice. In October 2006, the merging of the Estonian
Bureau of Forensic Medicine and the Forensic Service
Centre was approved at the sitting of the Government
of the Republic.
In February 2007, a decision was made to merge the
agencies on 1 January 2008 (both to minimize the personnel risks arising from prolonging the merging and to
start with the levelling of the forensic examination system). In June 2007 the amended Forensic Examination Act
was adopted in the Estonian Parliament, or Riigikogu.
In the same period the Government decided that the
activities of the Forensic Service Centre would be terminated and its tasks, rights, obligations, public property and records management would be transferred to
the Estonian Bureau of Forensic Medicine from 1 January 2008. In August 2007, a decision was made at the
sitting of the Government of the Republic to establish
a liquidation committee for the Forensic Service Centre and ministers were assigned the task of organizing
the amendment of legislation in view of the merging.
In December 2007, the amendment of the legislation
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Chapter 9
Figure 9.3 EFSI Headquarters Tervise 30 TALLINN. Source: Esto-
nian Forensic Science Institute archives.
necessary for the merging was decided at the sitting of
the Government of the Republic and in 14 December
2007, the Minister of Justice signed the statutes of the
merged agency.
The re-established Estonian Forensic Science Institute
started its activities on 1 January 2008 with a united,
185 strong staff (Figure 9.3).
9.3 Types of cases
Every year about 1800 forensic psychiatric, 2500 forensic medical, 4600 forensic criminalistic and 6400 forensic toxicological examinations are performed in the EFSI
(Figure 9.4).
9.4 Structure
The Estonian Forensic Science Institute is administered
by the Ministry of Justice, Criminal Policy Department.
The Institute is governed by a five-member Supervisory
Board that directs its operations on the basis of the views
submitted to it by agencies on matters of forensic science.
The Board is led by the Deputy Secretary General of the
Ministry of the Interior and consists of the Deputy Secretary General of the Ministry of Justice, Prosecutor General of the State Prosecutor’s Office and a Judge from
the Criminal Chamber of the Supreme Court. Council
meetings are 4 times per year.
The Institute is guided in its operations by its statutes
and other legal acts that apply at the national level.
The structural units of the Institute are its departments and divisions. Divisions may form parts of departments. The Institute comprises its Forensic Science
Departments, the DNA Department, the Document
Department, the IT Department, the Chemistry Department, the Fingerprint Department, the Vehicle and
Road Accident Investigation Department, the Technical
Department, the four Forensic Medical Departments, the
Forensic Psychiatry Division, the Economy Division,
the Administration Division, the Quality Division and
the Division of Human Resources and Development
and Management Board (Figure 9.5).
Regional forensic science departments are located in
four regions; northern, southern, western and eastern.
The main functions of structural units in their working areas are set out in the Statutes of the Institute. More
detailed tasks for each unit are set out in the statutes of
individual units, as approved by the director. The structure of the Institute is enacted in accordance with Annex
1 to the regulation of the Minister of Justice produced
on the basis of § 43 (5) of the Government of the Republic Act and § 301 (1) and (2) of the Forensic Examination
Act.
The EFSI today has 176 employees including 87 forensic examiners. The staff of the Institute consists of
forensic criminalistics examiners, forensic pathologists,
forensic psychiatrists, forensic psychologists and specialists. The EFSI’s scope is currently over 40 different
examination areas. The final updated list of EFSI examinations and tests is published in the Forensic Examination
Act, along with relevant price categories.
In accordance with the statutes, the Institute has in
its structure a Research and Development Committee
(RDC). The RDC consists of employees and specialists
who meet four times a year and advise the management on the directions the Institute should be taking
in terms of new methods and technology to adopt. The
active chairman of the RDC is the Deputy Director of
Development and the vice chairman is the Quality Manager. Both are selected by RDC members. The committee
makes decisions by voting. There are 20 councillors participating in the committee, including the representative
from the Ministry of Justice.
The EFSI’s task is to administer the nationally approved List of Officially Certified Experts, which includes
60 experts in 12 areas of science. The purpose of the list
is to provide courts with a qualified selection of experts
who can be appointed in order to expand the scope of
The practice of forensic science in Estonia
87
100%
90%
80%
70%
forensic criminalistic
examination
60%
forensic medical
examination
50%
40%
forensic psychiatric
examination
30%
20%
10%
0%
2008
2009
2010
2011
2012
Figure 9.4 Forensic examinations in 2008–2012. Source: Estonian Forensic Science Institute archives.
the Institute’s activities. The list is officially located on
the Institute’s website.
9.5 Estonian Forensic Science
Institute Departments
The DNA Department conducts DNA analysis and testing. The object of testing is human DNA. Analyses with
the objective of comparing the DNA profile obtained
from the scene of an event or accident with the DNA
profile of a person provide the biggest work volume.
The DNA Department also conducts relationship analyses with the objective of identifying a person or determining filiation. DNA analyses for establishing paternal
filiation may also be ordered from the DNA Department
by private persons outside criminal or civil proceedings.
The DNA Department of the EFSI is an authorized processor of the National DNA Database. The Database contains over ten thousand profiles obtained from scenes of
events or accidents that have not yet been related to a
person and 34,000 DNA profiles of persons.
In the Document Department, data media of paper or
plastic, such as identity documents, vehicle documents,
cash, contracts, wills, invoices, applications, diplomas,
certificates, etc., are analysed and technical comparative
analyses are conducted with regard thereto.
Handwriting analysis is a classical forensic science
analysis field with the main goal of determining the
writer. The long-term work experience of the experts is
essential as merely a magnifying glass and a microscope
are used as the main technical means for the comparative analysis of handwriting features. Document analysis
examines printed products (passports, drivers’ licences,
cash, contracts, etc.) in order to provide an opinion
concerning the authenticity of such documents or their
manner of production.
It is possible to implement both microscopic and spectral methods upon the conduct of document analyses
and document materials can be analysed in cooperation with the Chemistry Department (see below). Identifying euro banknote forgeries, collecting the technical
data related thereto and exchanging information with
other competent authorities are among the tasks of document experts. The objective of accounting analysis is to
help the body conducting proceedings resolve complex
economic criminal offences. Depending on the criminal
offence, the organization of the accounting and reporting of the accounting entity, falsification of accounting
data or presentation of incorrect data, causing material
damage and the extent thereof, accuracy of audit conclusions and other circumstances that are essential as
evidence is analysed. In 2009, a new video spectral comparator (Foster + Freeman VSC6000) was acquired. In
2010, the equipment was modernized with a stereomicroscope (Leica Stereo ZOOM Fluorescence Microscope)
(Figure 9.6).
The IT Department conducts keyword, correspondence, document and file searches as requested by the
body conducting proceedings from computers serving
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Chapter 9
Supervisory Bord
Director
Structure of the Estonian Forensic
Science Institute as of 08.12.2010
Secretary
Deputy Director
Economic Division
Administration
Division
Fingerprint Department
Deputy Director
Quality Division
Northern Estonian
Forensic Examination
Department
IT Department
Chemistry Department
• Chemistry laboratory
Tallinn
• Toxicology laboratory
Tallinn
Tartu
Technical Department
Southern Estonian
Forensic Examination
Department
Research and
Development
Committee
Development and
Personnel Division
Security Police
Forensic Science
Division
Eastern Estonian
Forensic Examination
Department
Western Estonian
Forensic Examination
Department
Traffic Department
DNA Department
Taiinn
Tartu
Document Department
Forensic Pyschiatry
Department
Figure 9.5 Structure of Estonian Forensic Science Institute. Source: Estonian Forensic Science Institute archives.
as the objects of the analysis and the data media related
thereto (hard disk drives, CDs/DVDs, floppy disks,
memory sticks and memory cards).
It is also possible to analyse other digital or electronic
devices that may contain data that are essential for
proceedings. The most commonly analysed data media
are hard disk drives from PCs and laptops, but also from
various special purpose devices (computers) such as
video security recording devices, DVD recorders with
hard disk drives, video game consoles, etc. The Department is always prepared to assist the body conducting
proceedings by conducting image analysis in issues
related to video recordings or digital images (converting
video recordings in various formats, processing and
quality improvement, resolving issues related to playing video recordings, frame extraction, responding to
questions related to digital images, image and video file
search from data media and devices in relation to the
proceedings).
Voice analysis includes analysing the authenticity of
recordings, improving the quality of recordings, that
is removing background noise, telephone interference,
The practice of forensic science in Estonia
89
Figure 9.6 Scanning electron microscope. Source: Estonian
Forensic Science Institute archives.
Figure 9.8 Liquid chromatographmass spectrometer Agilent
radio interference, slow-playing music, street noise, etc.,
in order for the speech on the recording to be as userfriendly and comprehensible as possible. It also deals
with transcription, that is writing down the text of the
recording and identifying the speaker (Figure 9.7).
The Chemistry Department conducts expert assessments and analyses pertaining to narcotic substances,
toxicology and residues of coats of paint, fibres, explosives, metals and gunshot. The regional Chemistry
Department is located in Tartu, where toxicology expert
assessments and analyses are conducted. The majority
of the work volume comprises toxicology and narcotic
substance expert assessments and analyses and most of
the methods used for determining narcotic substances
and toxicology are accredited. Gunshot residue and
element analysis electron microscopic methods are also
accredited.
The thoroughly amended legislation concerning the
identification of intoxication entered into force on 1 July
2009, centralizing all analyses pertaining to the identification of intoxication in the country in the Chemistry
Department of the EFSI.
In 2010, the Chemistry Department acquired two
chromatographs, the ion chromatograph Dionex ICS1600 and the liquid chromatograph/mass spectrometer
Agilent 6410 (Figure 9.8).
The Department has a gas chromatograph/mass spectrometer Agilent 7890/5975 for conducting narcotic
substance and toxicology analyses, a gas chromatograph/mass spectrometer Agilent 7890/5975 with a
pyrolysis device for conducting combustible liquid
and coat of paint analyses and a gas chromatograph
Agilent 7890 for determining the percentage of narcotic
substances.
Forensic Medical Departments are located in four
regions in Estonia: in Tallinn for Northern Estonia,
in Tartu for Southern Estonia, in Pärnu for Western
Estonia and in Kohtla-Järve for Eastern Estonia.
All Departments conduct forensic medical examinations on living persons and dead bodies, including
forensic radiology and medical criminology expert
assessments and analyses in Tallinn and medical toxicology expert assessments and analyses in Tartu.
Forensic medical examinations are conducted on living
persons in order to assess health damage (injuries),
verify offences against a person’s state of health or
sexual self-determination or resolve any other medical
Figure 9.7 Voice analyses. Source: Estonian Forensic Science
Institute archives.
6410. Source: Estonian Forensic Science Institute archives.
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Chapter 9
issues that law enforcement authorities encounter.
Forensic medical examinations are conducted on dead
bodies when the elements or a suspicion of a criminal
offence become apparent; a forensic autopsy of a dead
body is prescribed if the impact of a factor arising from
the external environment is involved (e.g. hanging,
drowning, traffic accidents, etc.).
Medical toxicology analyses are conducted in order
to assess the impact of toxic substances on the basis of
examination rulings of pre-trial investigation authorities or courts. Medical criminology expert assessments
are prescribed in order to verify the cause or mechanism of death on the basis of a skeleton or a part of
skeleton.
As of 2010, it is also possible to order analyses that
are not related to proceedings from the Forensic Medical
Departments in order to assess injuries.
As of October 2010, a three-dinemsional technology
for digital autopsies and digital examinations of injured
persons was implemented. A CT scanner (Siemens
Somatom Emotion 6) (Figure 9.9) and an MRI scanner
(Siemens 1.5T Magnetom Avanto) were installed in the
new rooms in Tallinn.
As of 2009, the Institute organizes forensic psychiatry, psychology and sexology expert assessments in
the Forensic Psychiatry and Psychology Department.
The expert assessments cannot be conducted by means
of a privately ordered paid service; they are instead
prescribed by a body conducting proceedings on the
basis of legislation and within the framework of a certain court case or proceedings. On average, 1500–1600
expert assessments are conducted per year, of which the
Figure 9.9 CT scanner (Siemens Somatom Emotion 6). Source:
Estonian Forensic Science Institute archives.
Figure 9.10 PC-CRASH software. Source: Estonian Forensic Science Institute archives.
majority comprise expert assessments prescribed in the
course of guardianship proceedings in relation to restriction on active legal capacity or assignment of involuntary care. Another big part of expert assessments
comprise assessments in criminal cases during which the
condition of the suspect or victim at the time of committing the offence is determined. Expert assessments are
also prescribed in disputes related to wills, determining
a parent’s right of custody, etc.
The Vehicle and Road Accident Investigation Department conducts technical traffic analyses, technical examination of vehicles and traffic traceology examinations.
The field of technical traffic analyses includes issues
related to the reconstruction of traffic accidents and any
issues requiring a calculated analysis of the estimated
movement processes of vehicles. Among other methods,
the analysis also uses the traffic accident reconstruction
program PC-CRASH, which is commonly used all over
Europe (Figure 9.10).
The objective of a technical examination of vehicles
is to inspect the working capacity of systems that ensure
the traffic safety of vehicles and identify any breakdowns
and damage in order to determine what aspects could
have affected the movement or controllability of the
vehicle regardless of the intention of the driver. The
objective of technical examination of vehicles is not to
inspect the technical condition of the vehicle in compliance with the Regulation “Requirements for the Technical Condition of Motor Vehicles and Trailers” but instead
to analyse the technical condition of the vehicle in
relation to a specific assessment task and/or traffic situation (traffic accident).
The practice of forensic science in Estonia
The field of traffic traceology examinations includes
issues that are related to the identification of vehicles
and identification and examination of traces left by vehicles or left on vehicles.
The fields of activity of the Fingerprint Department
are detecting and photographing fingerprints, identifying persons on the basis of fingerprints, mutual linkage
of various scenes of events and maintaining the National
Fingerprint Database.
Various physical, physical/chemical and chemical
methods are used in the course of collecting friction
ridge impressions. The holistic approach and the internationally recognized ACE-V principle, consisting of qualitative/quantitative trace analysis, comparative analysis,
assessment and verification of the analysis, serve as the
basis for the identification process.
The Fingerprint Department maintains the National
Fingerprint Database. Fingerprint cards from over
145,000 persons are preserved in the database both on
paper and electronically. Approximately 3800 expert
assessments and analyses are conducted in the Fingerprint Department every year (Figure 9.11).
The Technical Department conducts marks examination, explosive device and explosion examination and
fire and firearms examination.
The objective of marks examination is to identify an
object that has left a mark on the basis of the characteristics of the marks left on the scene of an event. The objects
of marks examination are marks left by an object used
for breaking in; marks left by footwear, footprints and
tyres; locks; parts separated from an object; plastic bags;
die markers; seals; damage to clothing and other marks
(e.g. traces of blood, marks left by ears, gloves, etc.).
91
Explosive device and explosion examination is divided into
two main groups depending on whether the objects
need to be identified or the explosion has already
occurred and the event and the exploded object need to
be reconstructed. Both industrially manufactured and
homemade objects are analysed. Upon identifying the
objects presented for examination, the main objective
is to identify their structure, properties and explosive
content and to verify the type and mark of objects,
possible function in the explosive device and their
usability. In the case of post-explosion examination,
the additional objectives are to determine the centre
of the explosion, identify the connections between
the objects found from the scene of the event and the
explosion, identify the possible structure and explosive
mechanism of the explosive device and reconstruct the
event.
The objective of fire examination is to identify the technical cause of the fire and collect data concerning the
progress of the fire (location of the source of the fire,
number of sources of the fire, routes by which the fire
has spread, creation of the combustion process and temporal characteristics of its progress, and circumstances
favourable for the spread of fire).
Firearms examination is conducted for firearms, gas
weapons and pneumatic weapons, cartridges and the
traces left by the latter, with the objective of identifying
whether the presented objects belong among weapons,
identifying the type, system, model and modification
of the weapon, method of manufacture and usability
of the weapon, identifying the weapon on the basis of
the shot bullets, shells and other cartridge components
in exceptional cases, identifying the direction and distance of the shot on the basis of the traces left on various objects and other circumstances related to shooting
(Figure 9.12).
9.6 National Fingerprint Database
and National DNA Database
Figure 9.11 Identification of 10 print cards. Source: Estonian
Forensic Science Institute archives.
The National Fingerprint Database and National DNA
Database were established and the statutes thereof were
approved by a regulation of the Government of the
Republic. The chief processor of the National DNA and
Fingerprint Databases is the Ministry of Justice and the
authorized processor thereof is a state forensic institution – the EFSI.
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Figure 9.12 Automated Ballistic Identification System. Source:
Estonian Forensic Science Institute archives.
9.7 NAC and CNAC service to
the Estonian Central Bank
As of 1 January 2011 the euro, the single currency of
the European Union, is the official currency of Estonia.
In order to detect and update the European Central Bank
database of counterfeit euro banknotes and coins the
EFSI is acting under the supervision of the National Central Bank as the national NAC and CNAC.
9.8 Laboratory accreditation/quality
control
In order to achieve its goals, the Institute has implemented a quality management system, which is based
on three internationally recognized standards:
EVS-EN ISO/IEC 17025, General Requirements
for the Competence of Testing and Calibration
Laboratories
EVS-EN ISO/IEC 17020, Conformity Assessment.
Requirements for the operation of various types of
bodies performing inspection
EVS-EN ISO 9001, Quality Management Systems,
Requirements.
The Institute was accredited by the Estonian Accreditation Centre in 2003. The accreditation scope of ISO
17025 (accreditation certificate no. L127) covers the
Institute’s activities in the fields of toxicology, determination of narcotic drugs and psychotropic substances,
gunshot residues and electron microscopy, DNA analyses, mass measurement, investigation of questioned
counterfeit euro banknotes, also development and identification of fingerprints and information technology.
The accreditation scope of ISO 17020 (accreditation
certificate no. I072) covers activities in the fields of
forensic medical examinations of living persons and
dead bodies.
The Institute is certified by the Bureau Veritas Eesti
OÜ since 2009 (initial certificate no. EST90645A, now
EST62212A). Certification gives the confirmation of an
independent third party that forensic examinations and
analysis and activities related to them comply with the
requirements of the internationally recognized management standard ISO 9001.
In addition to their everyday work, the staff of
the Institute develop and implement innovative ideas,
methods and technologies of expertise.
9.9 Competence assurance
By the Forensic Examination Act, the person may be
employed as a forensic expert in the EFSI if the person:
has active legal capacity; is proficient in Estonian to the
extent established by law or on the basis of an Act; has
acquired higher education required in his or her field
of expertise in an institution of higher education of the
Republic of Estonia or if the person’s education corresponds to the said level and has been employed in his or
her field of expertise in a forensic or research institution
or in another position for at least two years immediately
prior to commencing employment as a forensic expert.
All restrictions are mentioned in the same Act. Upon
entry into a contract of employment, a forensic expert
shall take the following oath before the employer:
I (name), swear to perform the duties of a forensic expert
with honesty and to provide expert opinions impartially,
according to my specific knowledge and conscience. I am
aware that knowing provision of a false expert opinion is
punishable pursuant to the provisions of § 321 of the Criminal Code.
A forensic expert shall sign the oath and indicate the
date of taking the oath. The signed text of the oath shall
be annexed to the copy of the employment contract kept
by the employer.
The competence of forensic medical experts is regulated by the occupational qualification standards
approved by the Law and Public Defence Professional
Council on 11 December 2006. Qualification standards
The practice of forensic science in Estonia
of levels III, IV and V have been established for forensic
experts.
The competence of forensic science (criminalistics)
experts is regulated by the occupational qualification
standards (Expert IV and V) approved by the Law and
Public Defence Professional Council on 12 May 2009.
To ensure the competitive and highly qualified technicians and scientists in fields of the Institute’s scope,
the EFSI is following the ENFSI (European Network
of Forensic Science Institutes) Education and Training
standing committee best practice guidance documents:
ISO 17025 and ISO 9001 standard documents; the inservice training curriculum of the Faculty of Medicine
of the University of Tartu; and the EFSI long-term training programme and annual training activities plan.
The Institute is confirming its professional quality
by participating regularly in cooperation exercises and
International proficiency tests.
Officially certified experts are entered in the list by scientific field. Entry of officially certified experts in the
list is regulated by the Forensic Examination Act. By this
Act the applicant shall be entered in the list, if the
person:
1. has worked for at least three years immediately
before application for entry in the list, in the scientific
field in which he or she applies for official certification
and which provides the qualifications in compliance
with the nationally recognized requirements for conducting examinations;
2. has the opportunity to use the technical resources
necessary for expert research;
3. has a permanent income.
The EFSI acts as the national training facility for all its
partners in the Law Enforcement Community.
9.10 Funding
Conduct of examinations in a forensic institution is
financed from funds allocated from the state budget. The
EFSI Annual Budget is allocated in the budget of the
Ministry of Justice. The fiscal period is reported from 1
January until 31 December.
By the Forensic Examination Act the EFSI can accept
external income from the sales of forensic services,
which cannot exceed 20% of the volume in the specific
field. This includes private persons’ orders of analyses
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of parental testing, toxicology, graphology, electron
microscopy measurement and forensic medial inspections that do not conflict with open cases.
Customers shall pay a charge for the conduct of studies to a forensic institution according to the price list of
examinations. In the absence of a price corresponding
to the type of study for a charge, the price for the closest type of examination shall be used as the basis upon
agreeing on the charge.
9.11 Research
In accordance with the statutes of the Institute a research
and development committee has been formed, comprised of employees and specialists, which meets four
times a year and advises the management on the directions the Institute should take in terms of new methods
and technologies to adopt.
Three persons with a PhD degree work in the Estonian
Forensic Science Institute: one in the field of forensic science and two in the field of DNA. Three forensic experts
are also enrolled in PhD studies in forensic medicine in
the University of Tartu and their research topics are as
follows:
r Alcohol-related molecular and pathomorphological
damage
r Forensic medical differentiation of injuries caused by
different pistols
r Clinical findings and significant biochemical tests
of acute ethyl alcohol intoxication in different age
groups of children
r The possibilities of using biochemical and virological
investigations in postmortem diagnostics.
The experts in the Chemistry Department of the Estonian Forensic Science Institute are elaborating a methodology for determining hypoxanthine within the framework of their research with the objective of using the
methodology for determining the time of death.
During the past few years, two doctoral theses have
been defended at the University of Tartu’s Institute of
Pathological Anatomy and Forensic Medicine and three
doctoral theses are in progress. Every year two or three
international articles are published.
Since 6 April 2011 the Institute has celebrated its
anniversary with the traditional Forensics Day Scientific
Conference. Moreover, every calendar year a special
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award is given to the most outstanding scientist or
scientific research.
The Institute has published Estonian language scientific books and training materials: Kohtuarstiteadus
(Legal Medical Science, 2006), Kohtuhambaarstiteadus
(Forensic Odontology Science, 2009) and Kriminalistikaekspertiisid (Forensic Scientific Examinations,
2013). In 2011 the history book of the EFSI 1918–2011
was issued.
As the Institute is the only forensic institution to
conduct forensic examination in Estonia, international
contacts are required to ensure a high scientific level
(participating in the meetings, seminars and conferences of the ENFSI workgroups, exchange of experience with other forensic institutions, etc.). Close
international cooperation is conducted with Latvia,
Lithuania, Finland, Sweden, the Netherlands, Denmark,
Germany, Switzerland, Poland, Russia and numerous
other foreign countries.
The employees of the Estonian Forensic Science
Institute participate in various projects financed by
the ENFSI: Quality Manager in the “European Mentorship for Forensic Accreditation 2” (EMFA 2) and
“Establishment of New Process for the Conduct of
Proficiency Tests (PT) and Collaborative Exercises”;
Head of the IT Department in the projects “Cyber
Attack Against Critical IT Systems of the Police, Their
Protection and Proceedings for Cyber Attacks” and
“Fight and Investigation of Cyber Attacks Against
Critical Governmental Infrastructures”; and experts of
the DNA and Fingerprint Departments participated in
the project “Impact of Dactyloscopic Investigation Methods on DNA Analysis”.
9.12 Future trends
The Institute will follow the strategies of European main
networks – ENFSI and ECLM. Future trends are directed
by “Council conclusions on the vision for European
Forensic Science 2020 including the creation of a European Forensic Science Area and the development of
forensic science infrastructure in Europe”, released on
13 November 2011.
The objectives of the Conclusions are the achievement of a Pan-European accreditation of forensic
science institutes and laboratories; establishment of minimum competence criteria for forensic science personnel; establishment of common best practice manuals
and their application in the daily work of forensic
laboratories and institutes; mandatory participation in
proficiency tests/collaborative exercises; application and
implementation of minimum quality standards for
scene-of-crime investigations by forensic science personnel; Pan-European legal harmonization of forensic activities with a view to avoid duplication of
effort, reduce technical and qualitative differences and
reduce the time taken to process crimes with a crossborder component; creation of optimal possibilities for
exchange of data and joint updating and usage of the
databases of the Member States; use of the advances in
forensic science in the fight against terrorism, organized
crime and other criminal activities; increasing forensic
knowledge through appropriate training and education
for the law enforcement and justice community; promotion of research and development projects in order to
support the sustainable development of the forensic science infrastructure.
C H A P T E R 10
History and current status of forensic science
and medicine in Finland
Erkki Sippola1 & Pekka Saukko2
1 Forensic
Laboratory, National Bureau of Investigation, Vantaa, Finland
of Forensic Medicine, Institute of Biomedicine, University of Turku, Turku, Finland
2 Department
Finland
10.1 Forensic science
10.1.1 History of forensic science
Forensic science started in Finland in 1908 with the
establishment of the so-called Anthropometric Office
belonging to the Helsinki police department. The office
never carried out anthropometric examinations, but it
was responsible for fingerprint examinations. In the
beginning only one forensic expert was employed to the
laboratory (Figure 10.1). His only actual tool was a light
microscope. In 1914 the personnel was increased to
three persons.
The Anthropometric Office was later named the Office
of Distinguishing Marks and in 1926 as the Crime Investigation Centre. In the 1920s several homicides were
solved thanks to the fingerprint and firearms examinations. The caseload gradually increased while more
police officers were trained to carry out crime scene
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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Figure 10.1 Harald Rosenberg was the first photographer of the
police. He studied crime scene photography in Sweden and
Russia. He was a recognized professional despite the rather simple tools he had in his use. Source: Reproduced with permission
of the National Bureau of Investigation, Finland.
investigations. The total case number in 1926 was only
56, but after five years it was already over 500. In that
time the Centre’s forensic disciplines included fingerprints, marks, handwriting and firearms examinations
(Figure 10.2).
Quite soon it became obvious that a chemistry laboratory was also needed and it was established in 1930.
The newly hired forensic chemist carried out chemical
analyses of toxins, blood and accelerants. In 1931 the
Crime Investigation Centre moved to new facilities and
Figure 10.2 The main instrument in the figure is a microphotograph, which was purchased in 1929. During the same time
period also various microscopes were obtained. Source: Reproduced with permission of the National Bureau of Investigation,
Finland.
Figure 10.3 Due to the outburst of the Winter War in 1939
the Crime Investigation Centre was transferred to Ostrobothnia
where it functioned in a school building in the village of
Koivulahti. Source: Reproduced with permission of the National
Bureau of Investigation, Finland.
its organization was divided into the Optical Department
and Chemistry Department. In the 1930s staff still only
numbered four persons. In 1937 the status of the Crime
Investigation Centre was confirmed in the new law. The
staff already included 18 persons and the annual case
number had increased to 800. The fingerprint collection
included nearly 100,000 convicted persons’ fingerprints.
The Second World War decreased caseload, but also
personnel, as six staff members were sent to the Front.
Unfortunately two of them were killed in 1942. To avoid
bombings, the Centre was transferred further north to
Ostrobothnia and functioned in a school building in the
village of Koivulahti (Figure 10.3). The laboratory was
temporary placed in classrooms.
After the war, the caseload started to grow again
thanks to increased criminality, but also to the activity
of the police. In 1955 a new agency, the National
Bureau of Investigation (NBI), was established. The
Crime Investigation Centre became a part of the NBI
and was then renamed the Forensic Laboratory.
In the 1960s the methods and utilization of forensic science started to grow again (Figure 10.4). Gas
chromatography enabled measurements of drastically
increased accuracy and crime scene photography
reached a new level after the introduction of 35 mm
film cameras. Also, color photography was introduced in
the 1960s. The popularity of illicit drugs abuse increased
the caseload rapidly.
Forensic science and medicine in Finland
Figure 10.4 The second crime scene investigation vehicle of the
Finnish police. All the equipment was normally packed in the
car. The picture has been taken in Helsinki in 1964. Source:
Reproduced with permission of the National Bureau of Investigation, Finland.
97
case registration system and enables to both upload and
download data between the systems. Also other major
data systems were introduced or revised during that time
(Kaartinen, 2008).
In the 2010s the NBI Forensic Laboratory employs
125 persons and examines 30,000 cases annually. The
laboratory is an active member of the European Network
of Forensic Science Institutes (ENFSI). The laboratory
provides services to the Police and also to the Customs,
Frontier Guard, Immigration service, Defense Forces and
some other Finnish authorities.
Unlike in many other European countries, the Finnish
Forensic Laboratory is part of the Police, not under the
Ministry of Justice. Experience of over 100 years has
proven that also the Finnish system works very well and
there are no signs that the impartiality or neutrality has
been jeopardized.
10.1.2 Types of forensic cases
Expansion of the Forensic Laboratory caused problems regarding the facilities. These became too small and
inappropriate for the rapidly developing methodology.
Finally, in 1976 the laboratory moved to new facilities.
In 1978 the first scanning electron microscope was
purchased followed by the first FTIR microscope in
1985. International collaboration started to grow in the
1980s, especially with other Scandinavian countries but
also with Germany and the USA.
In 1994 the NBI got a completely new building and
the laboratory was for the first time in facilities entirely
designed according to modern forensic standards. One
of the main areas of development in the 1990s was the
introduction of an accredited quality system. The first
accreditation against EN45000 standard was received in
1996, later being switched to the ISO 17025 standard.
Also the caseload increased considerably; in 1991 the
Forensic Laboratory received 8500 requests and in 1999
there were 14,000. Growth of the DNA examination was
primarily responsible for these figures. The number of
staff members had increased to 90 persons.
The new millennium brought massive development of
the IT infrastructure through the introduction of the laboratory information management system (LIMS). The
new system was first used in drugs and DNA areas only.
Ten years later the system was revised, covering the
whole laboratory. Unlike in most other countries, in
Finland the LIMS is directly interfaced with the police
In Finland the NBI Forensic Laboratory is solely responsible for a wide range of forensic examinations. However, the toxicological analyses of samples from drunken
driving and traffic offence cases are carried out by
the National Institute of Health and Welfare (THL) on
a subcontracting basis, whereas all postmortem toxicology from forensic autopsies are investigated at the
Forensic Toxicology Division of the Department of
Forensic Medicine of the Hjelt-Institute, University of
Helsinki. Moreover, the Customs Laboratory is responsible for the examinations of illicit drugs and medicines,
which are seized by Customs.
The NBI Forensic Laboratory is responsible for over
20 forensic disciplines. The Chemistry group has expertise to examine illicit drugs (including drugs profiling),
designer drugs, doping agents, poisons, arson materials,
environmental pollutants and explosives.
The Comparisons Group has expertise to examine
firearms and ammunition, gunshot residues, elemental
composition of various microscopic samples, fibers and
hair, glass and paint, marks, bloodstain patterns, electric
fires and various types of vehicle-related issues.
The DNA Group is responsible for various DNArelated examinations.
The Document and Digital Technology Group is
responsible for the documents area, handwriting area,
banknote and coin authenticity examinations, information and telecommunication area (computers, mobile
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phones, GPS systems, cameras and various types of digital storage devices) and digital imaging area.
The Fingerprint Group is responsible for fingerprint examinations and for forensic anthropology (Figure 10.5).
Additionally, the Forensic Laboratory has specialized
units for the Customer Service, CSI Support Services
and In-House Support Services. The Customer Service is
responsible for all logistics regarding samples and cases,
but it also includes a Coordination Centre, which helps
the customer in high profile cases to prioritize samples
and examinations. The CSI Support Service is responsible for the quality audits of the CSI units and also
help the CSI units to draw up SOPs. Forensic training of
the Police personnel is also under their responsibility.
The In-House Support Services is responsible for the
Laboratory’s quality system, procurements, ICT systems
and communication services.
The NBI Forensic Laboratory manages the national
DNA and fingerprint databases. Other databases under
the Laboratory include voice, footwear impressions,
firearms and ammunitions as well as drug profiling
databases (see Table 10.1). The Laboratory is also responsible for the European exchange of DNA and fingerprint data within the concept defined in the Prüm Treaty
(National Bureau of Investigation (NBI), 2012).
10.1.3 Structure and funding of
forensic science
The NBI Forensic Laboratory is part of the Police organization, and thus it has a very good relationship with the
local police units – especially the CSI units. The CSI units
are responsible for all demanding crime scene investigations. In volume crime cases the crime scene investigation is typically carried out by the first responders, that
is, the ordinary police patrols. In Finland all police units
use the same case management system, which provides
equal tools for documentation and chain of custody.
The reports (statements) made by the Forensic Laboratory are very seldom challenged in the courts. The
forensic experts need to give a testimony in only about
50 cases per year.
The Forensic Laboratory acquires some laboratory
examinations from forensic laboratories in the neighboring countries or from trusted laboratories in Finland.
Subcontracting is used to avoid situations where rarely
needed services need to be maintained, thus sacrificing overall efficiency of the Forensic Laboratory. The
Table 10.1 The NBI Forensic Laboratory caseload in 2012
Drunken driving
DNA
Figure 10.5 Practically all modern forensic technology is nowadays widely exploited by the Forensic Laboratory. Various
different light sources are commonly used in fingerprint development. Source: Reproduced with permission of the National
Bureau of Investigation, Finland.
11,500
7,000
Drugs
Fingerprints
Documents and banknotes
3,800
2,200
2,000
Arson
Marks
Firearms
Other
500
500
300
2,200
Total
Additionally:
DNA and fingerprint reference
30,000
samples
30,000
Forensic science and medicine in Finland
most common outsourced service is blood analyses of
the drinking and driving cases.
The NBI Forensic Laboratory is funded by the Police
within the state budget. Thus the services provided by
the laboratory are free of charge for the customers. Over
recent years there has been a tremendous pressure to
reduce personnel. The Forensic Laboratory has carried
its share of this burden, which has caused occasional
backlogs.
In the 2010s the annual funding has been from 12 to
13 m€, including all expenses (National Bureau of Investigation (NBI), 2013a).
10.1.4 Recruitment and competence
of forensic experts
Recruitment of forensic experts is based on open
announcements on the public domain of the State of
Finland. Every citizen has an equal opportunity to apply
for any vacancy. In practice the announcements are formulated to specify what kind of education and experience are expected. Qualifications most typically sought
are chemists, engineers and technicians.
In Finland there are no universities or schools giving
forensic education (except forensic medicine) and thus
every new employee needs to be further trained at the
Forensic Laboratory. A tailored orientation plan is formulated for each and every new employee. The orientation program includes elements of legislation, pre-trial
investigations, examination methods and a quality system. The new employee needs to pass a proficiency test
prior to starting to work as an expert.
Only Finnish citizens can be nominated to permanent
positions. A security clearance of the Finnish Security
Intelligence Service is required for all nominations – also
for temporary personnel and students (National Bureau
of Investigation (NBI), 2013a).
10.1.5 Quality system in the NBI Forensic
Laboratory
The NBI Forensic Laboratory was first accredited against
the EN45000 standard in 1996 and later against the ISO
17025 standard. Currently all routine methods belong
to the scope of accreditation. The Forensic Laboratory
has been very active in recommending to the national
accreditation body the best European forensic experts to
carry out the technical assessment. This has proven to be
a great asset as it has improved quality to a great extent.
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In Finland there is not a system that would require
the forensic experts to be formally registered. The certification given by the Forensic Laboratory is sufficient to
demonstrate required competence.
The Forensic Laboratory is currently working on a
development project with the aim to get the SCI units
also under the ISO accreditation (National Bureau of
Investigation (NBI), 2013a).
10.1.6 Technology used in the NBI Forensic
Laboratory
The NBI Forensic Laboratory is using modern technology in all disciplines. Laboratory instrument line-up is
mainly less than seven years old. When new instrumentation is purchased, the main selection criteria are
high reliability, stability and performance. Very often the
cutting-edge technology is avoided due to its questionable suitability for high volume routine work.
A lot of resources have been used to develop laboratory automation and data systems. A laboratory information management system (LIMS) covers the entire
laboratory. Similarly a document management system
is used for the management of all formal documents.
The system also enables electronic archiving. Laboratory
automation is mainly applied in the DNA laboratory, but
plans to exploit this technology also in the drugs area
are in place (National Bureau of Investigation (NBI),
2013a).
10.1.7 Research and development
in forensic science
The NBI Forensic Laboratory has a project management system, which is steered by the R&D director. All
project ideas are evaluated against existing strategies and
accepted projects are managed in the project portfolio.
The Forensic Laboratory mainly focuses on development. Basic research is very seldom carried out. Most of
the development projects during the past ten years have
aimed at developing new methods, computer systems,
working processes or services.
During the past decade the Forensic Laboratory has
coordinated or participated with many European funded
projects, where the workload has been shared between
several European forensic laboratories. Also US and
Australian based laboratories have participated with
these project consortia (National Bureau of Investigation
(NBI), 2013a).
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10.1.8 Future directions of forensic science
In 2013 the Forensic Laboratory defined the strategic
goals for the next two to three years (National Bureau
of Investigation (NBI), 2013b):
1. Interactive cooperation
r The Laboratory further develops its services together with the personnel and clients.
r The Laboratory obeys the principle of early caring
to all staff members and develops the interaction
skills of the entire personnel.
r The Laboratory ensures that the personnel has sufficient competence to provide and develop services.
r The Laboratory develops management and leadership skills by utilizing an extensive training
program.
r The Laboratory develops project implementation
skills by training project managers and steering
group members.
r The Laboratory informs and communicates actively, appropriately and in a well-justified manner;
the Laboratory develops interactive communication such as to support implementation of strategies and well-being of the personnel.
r The Laboratory is managed such that it constructs
trust within the entire personnel.
2. Watertight life cycle of forensic investigations
r The Laboratory helps the Police to develop data
systems such that they provide platforms for seamless documentation and chain of custody and that
they support the Laboratory’s services.
r The Laboratory develops the competence of the
police officers to enable reliable sampling, sample
preparation and laboratory examinations.
r The Laboratory helps the Police to develop the
quality systems of the CSI units such that they can
reach ISO accreditation.
r The Laboratory will ensure that all registers under
its responsibility meet the requirements of current
legislation.
r The Laboratory will carry out necessary actions to
ensure that the competence of all subcontractors
can be demonstrated.
3. Uniform, modern and organized forensic investigations
r The Laboratory will set requirements for the participation with ENFSI activities such that they support
the development of forensic science in Finland to
meet the highest European standards.
r The Laboratory will define the minimum standards
to all CSI units covering human resources, competence, facilities, consumables and equipment.
r The Laboratory will promote policies that the quality systems of the SCI units and the Laboratory will
be merged in the future.
4. Service-based funding
r The Laboratory will help the National Police Board
to define the minimum objectives for all CSI units
regarding crime scene investigations; the Laboratory will make service level agreements with the
Police Board to ensure that the service capacity
of the Laboratory is compatible with the customer
needs.
r The Laboratory will exploit all relevant sources of
external funding for R&D projects.
r The Laboratory will increase cooperation with
other public laboratories in Finland to achieve cost
savings and to avoid duplication of work.
r The laboratory will draw up an HR strategy to
help future recruitments and to help allocation of
human resources.
10.2 Forensic medicine
10.2.1 History of forensic medicine
The legislation regulating the medical profession and
medicolegal activities in Finland has its origin in the
period of time when Finland was a part of the Swedish
Kingdom (c. 1150–1809). A uniform Swedish rule was
extended to Finland in the 17th century and accordingly
the Swedish legal system was adopted in Finland.
In the 18th century several regulations concerning
medicolegal death investigations were introduced. In
1726 the King gave permission to perform autopsies to
determine the causes of maternal deaths during labor.
A comprehensive Swedish Code was enacted in 1734.
According to this Code of 1734: “when it is unclear
whether a person has died due to a disease or involuntary manslaughter, a Judge or King’s governor shall let
the body be examined before burial” (author’s translation) (Sveriges Rikes Lag, 1734, Chapter XXVIII, §6).
In 1744 the King’s Instructions obliged Provincial
Medical Officers to advise and provide expertise to
courts in medicolegal matters. It also regulated the payment and remuneration for various services rendered,
including examination of a dead body and an autopsy
Forensic science and medicine in Finland
performed in the presence of the Provincial Medical
Officer by a Barber-Surgeon, suggesting that autopsies
were occasionally performed.
When Sweden lost the war against Russia, Finland
became for a century a Grand Duchy of Russia (1809–
1917) but was allowed to retain its own legislation, religion and the old Swedish system of law and government.
In 1811 the Finnish Collegium Medicum was established
in Turku and in 1832 the instructions for Provincial
Medical Officers concerning their duties in general as
well as the medicolegal ones were updated. In 1841 the
first detailed instructions were given to regulate the legal
framework and the performance of medicolegal autopsy
as well as sampling for toxicology in the case of a suspected intoxication. In 1878 Collegium Medicum was
unified with two other government offices, forming the
National Board of Health.
In 1991 the traditional National Board of Health was
merged with the National Board of Social Affairs into
one authority, which again in 1992 was replaced by
the National Authority for Medicolegal Affairs (Saukko,
2008).
10.2.2 Present organization of forensic
medicine
Since 2010, the competent authority in charge of
forensic medicine in Finland is the National Institute for
Health and Welfare (THL), which was formed in January
2009 with the merger of the National Public Health Institute (KTL) and the National Research and Development
Centre for Welfare and Health (STAKES). In the Service
System Department of the Division of Health and Social
Services of the THL, there is a Forensic Medicine Unit,
which employs full-time medicolegal officers (forensic
pathologists) who are associated with the University
Departments of Forensic Medicine in the five cities with
a medical school. They deal mainly with medicolegal
autopsies, guidance and supervision of health care
professionals with regard to the cause of death investigation, and to some extent with other administrative
matters such as scrutinizing all death certificates from
their respective region before they are sent further to
Statistics Finland (Central Statistical Office of Finland).
10.2.3 Specialization in forensic medicine
(forensic pathology)
The first Chair of Pathological Anatomy and State
Medicine was established at the University of Helsinki
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in 1857, followed by an Extraordinary Chair of Forensic
Medicine in 1902, which in 1946 was changed into a
Chair of Forensic Medicine. An Associate Professorship
of Forensic Toxicology was established in 1948 and
changed into a Full Chair in 1998.
A further three Chairs of Forensic Medicine were
established at other universities: the University of Turku
(1963), the University of Oulu (1966) and the University
of Tampere (1989).
The medical specialty dealing with forensic pathology is called “Forensic Medicine,” and has existed in
Finland as a separate medical specialty since 1955. In
1986 training of medical specialists became a responsibility of the medical faculties of the universities and a
postgraduate university degree. Since 1999 the specialist
curriculum in Forensic Medicine takes a minimum of 5
years after graduation from medical school (which takes
6 years), comprising at least 3.5 year’s specific training
at a department of forensic medicine (performing during this training as a rule 175 forensic autopsies/year),
at least 6 months training in a Department of Clinical
Pathology, 9 months of general practice and the rest of
service in other fields of medicine, finishing with a written National Examination, usually in the final year of
specialization (Saukko, 2008).
There are altogether five universities with a medical
faculty (Helsinki, Turku, Tampere, Kuopio and Oulu)
and four Chairs of Forensic Medicine. For historical
reasons the Professor at Tampere University has the
obligation to teach the undergraduates also at Kuopio
University. All university units of Forensic Medicine
participate in medicolegal autopsy work. This activity
is based on separate service contracts between the THL
and the university in question. The university employs
the necessary personnel, such as secretaries, autopsy
technicians, etc., to provide the services and the facility,
the cost of which is remunerated to the university from
the THL budget. The Ministry of Social Affairs and
Health has the main supervisory role and budgetary
responsibility for medicolegal autopsy work.
10.2.4 Cause of death investigation
According to the decree about the criteria of death a person is dead when all the brain functions have irretrievably ceased (Decree about the criteria of death, 2004).
A death must be immediately reported to the attending physician or a physician of the local municipality or
police (Act on the inquest into the cause of death, 1973;
102
Chapter 10
Decree on the inquest into the cause of death, 1973; Circular of the National Board of Health,1983).
As a rule only a physician can establish the fact of
death and before a death certificate can be issued, the
body must be examined, death officially established and
the cause(s) of death must be determined. Depending on
the circumstances of death there are two alternatives for
determining the cause of death: medical or medicolegal,
of which the latter has always priority. The police shall
make an investigation when it is not known that death
has been caused by a disease or when the deceased during his last illness has not been treated by a physician
or death has been caused by crime, accident, suicide,
poisoning, occupational disease, investigative or therapeutic procedure or there is reason to suspect that death
may have resulted from such a cause or when death
has been otherwise sudden and unexpected. Also deaths
under special circumstances, such as death during military service, in custody, being arrested, in captivity or
involuntary psychiatric hospitalization, or if the identity of the deceased is unknown, are always subjected
to a medicolegal investigation. In medicolegal cases the
police investigation is not a criminal inquiry, but if indicated it can turn into one. As a rule there is a full medicolegal autopsy performed by a forensic pathologist of
the THL or one of the University Departments.
Roughly two-thirds (72% in 2011) of all death certificates are based on clinical investigation. A medicolegal
autopsy will be ordered by the police in the majority of
nonnatural cases of death and quite a few sudden unexpected deaths assumed to be natural, resulting in altogether 10,042 medicolegal autopsies, that is, 19% of all
deaths in 2012.
The hospital autopsy rate has been decreasing since
1979 (23%), being about 7% of all deaths in 2011. All
death certificates are scrutinized by the Medico Legal
Officers of the THL, or in some major cities also by other
officials of the Municipal Department of Health. This
gives an additional possibility for quality assurance of
the certification of deaths before they are sent further
to Statistics Finland.
10.2.5 Postmortem forensic toxicology
All postmortem toxicology samples from forensic autopsies in Finland are investigated at the Forensic Toxicology Division of the Department of Forensic Medicine
of the Hjelt-Institute, University of Helsinki. In 2011,
the Laboratory investigated 6661 cases of postmortem
toxicology. The number of samples related to clinical
forensic toxicology, clinical pharmacology or drugs of
abuse testing was nearly three thousand. The focus of
the investigation is on broad-scale screening analyses
for alcohol and volatile substances, drugs of abuse, prescription medicines, date-rape drugs, LP gases, carbon
monoxide, cyanide and some pesticides. Since 1997, the
Laboratory has acted in the capacity of Testing Laboratory T 115, accredited by the Finnish Centre for Metrology and Accreditation (FINAS).
10.2.6 Forensic biology
The Laboratory of Forensic Biology of the Department of
Forensic Medicine University of Helsinki offers services
in human identification by DNA testing. DNA testing is
mostly requested in cases of unidentified corpses by the
forensic pathologist or police, and in cases of refugee
family reunion or paternity testing by child welfare officers, courts of justice or individuals on a private basis.
In addition, the laboratory serves other laboratories in
cases of suspected sample mix-up. Scientific research
projects include utilization of DNA methods in human
identification, pharmacogenetics, history of Finno-Ugric
language-speaking populations and genetics of sudden
death.
10.2.7 Forensic odontology
Forensic Odontology/DVI Unit of the Department of
Forensic Medicine University of Helsinki employs one
full-time forensic odontologist and performs at the
request of authorities identification and age assessment
based on tooth findings and X-ray of bone structures
as well as bite mark analyses. Other University Departments engage odontologists qualified in forensic odontology case-specifically.
10.2.8 Forensic psychiatry
Forensic psychiatry is a separate medical specialty in
Finland with Chairs at the Universities of Helsinki and
Kuopio.
The THL coordinates all forensic psychiatric examinations required to assess the criminal responsibility
of homicide or other criminal perpetrators ordered by
courts. It takes place in special hospitals where forensic
psychiatrists conduct an extensive, hospital-based psychiatric study of the offender lasting a maximum of two
months.
Forensic science and medicine in Finland
10.2.9 Clinical forensic medicine
Clinical forensic medical cases are usually handled by
general practitioners or hospital doctors with the exception of the Helsinki University Department of Forensic Medicine. This department is the only forensic one
in the country providing forensic physician services 24
hours a day, investigating cases involving driving under
the influence, drugs of abuse, assaults, sexual crimes,
crime scenes and also sampling for paternity testing and
for refugee family reunion. Other forensic departments
are involved in clinical forensic medicine only to such a
degree it is needed for postgraduate training of forensic
specialists.
10.2.10 Research in forensic medicine
All academic Departments of Forensic Medicine are
actively involved in scientific research in their respective
areas of interest. The key areas of research at the Department of Forensic Medicine in Helsinki include causes
and mechanisms of death as well as understanding postmortem developments with a focus on unnatural deaths.
The Department also studies the recognition, effects and
use of various intoxicants. Forensic research contributes
to legal protection both on a societal and individual level
and is closely connected to public health.
10.2.11 The past, present state and future
challenges in forensic medicine
For decades the Finnish medicolegal system suffered
from a lack of leadership and coordination by various
Ministries, neglecting their respective sectors in developing and supporting these activities. The Ministry of
Education did not provide enough resources to increase
the number of training posts at the University Departments, which caused a bottleneck in specialty training,
leading to a shortage of forensic pathologists, and at
the same time with growing autopsy rates, to increasing workload among those already in the profession. The
Ministry of Internal Affairs, in charge of the Police and
the Provincial Governments, the latter of which were
then the only authority offering permanent full-time
posts for forensic pathologists (in addition to University Chairs), refused to establish new posts for forensic
pathologists. This again made it more difficult to recruit
new trainees. The Ministry of Social Affairs and Health,
who in the course of time had established a number of
Committees, a Working Party (1991) and a One-Man
103
Committee (1997) to solve the problems in Forensic
Medicine, never took action to put any of the recommendations of the experts into practice, losing valuable
time to reform the system (Saukko, 1998).
With the THL as the new responsible authority for
forensic medicine the medicolegal system in the country
is now under a uniform organization and professional
leadership. The greatest challenges are now the shortage of forensic pathologists both in the service system as
well as of those interested in an academic career to hold
future Chairs. The THL employs altogether 13 specialists of which 11 work full-time. A further six specialists
are employed by the University Departments including
four professors. With regard to the relatively high medicolegal autopsy rate, the workload of individual forensic pathologists at the THL varied in 2012 from a minimum of 169 autopsies/year (of a part-time pathologist)
up to a maximum of 630 autopsies/year. This situation
has driven the service system close to breaking point
and forced the new authority to take active measures
in recruiting more trainees and simultaneously trying to
reduce the workload by scrutinizing the indications for
autopsy in individual cases more thoroughly in order to
avoid unnecessary medicolegal autopsies. Only time will
tell whether the reform of the system and these measures were taken in time.
References
Act on the inquest into the cause of death (No. 459/1973).
Circular of the National Board of Health on the inquest into the
cause of death (1.4.1983/1789).
Decree about the criteria of death (No. 27/2004).
Decree on the inquest into the cause of death (No. 948/1973).
Kaartinen, K. (Ed.) (2008) Hundred Years of Forensic Investigation – A Photographic Journey, Otava Book Printing Ltd,
Keuruu
National Bureau of Investigation (NBI) (2012) Annual report.
National Bureau of Investigation (NBI) (2013a) Internal
presentation.
National Bureau of Investigation (NBI) (2013b) Strategic goals
of NBI Forensic Laboratory, Internal report, Vantaa.
Saukko, P. (1998) Report on the Evaluation of the Finnish
Medico-Legal System, Ministry for Social Affairs and Health,
Helsinki. ISBN 952-00-0464-5.
Saukko, P. (2008) Forensic medicine in Finland, in Forensic
Medicine in Europe (1st ed.), Eds. B. Madea and P. Saukko,
Schmidt-Römhild, Lübeck, Germany.
Sveriges Rikets Lag (1734) Chapter XXVIII, §6.
C H A P T E R 11
Forensic medicine in France
Bertrand Ludes
Institut Medico-légal de Paris, Paris, France
France
11.1 The history of forensic medicine
This subject was for the time described in the book
entitled Forensic Medicine in Europe (Ludes, 2008). After
giving a taste of the historical background of this field
in France, the author will give the new organization
of forensic medicine according to French governmental
decisions.
Modern forensic medicine was born after the French
Revolution (1789) with the creation of three new Faculties of Medicine in Paris, Strasbourg and Montpellier.
In 1794, medical studies were reorganized and professorships of forensic medicine in the new Faculties were
established. In 1798, Francois Emmanuel Fodere (1764–
1835) was the first to publish a treaty that establishes
the distinction between civil, criminal forensic medicine,
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
105
106
Chapter 11
administrative forensic medicine as well as health and
medicine policing (Sournia, 1989).
Under the French Directoire, Nicolas Pierre Gilbert
(1751–1814) considered forensic medicine as “one of
the noblest professions”. He reformed the teaching of
the forensic medicine field, so that “wisely motivated
reports” may be used in Court. He proposed also to
instruct health professionals in this discipline in medical schools near the Courts of Appeal.
During this period, clinical forensic medicine was
introduced in the curriculum, and the importance of
forensic medicine was highlighted when, in 1814, Le
Roux des Tilliets, Dean of the medical school of the Paris
Faculty of Medicine proposed the creation of professorships in clinical forensic medicine. However, until then
teaching remained mostly theoretical.
In 1813, Fodere, who held the Chair of Forensic
Medicine and Public Health in Strasbourg, published
a treaty, entitled “Treaty of forensic medicine, public
health or health policing”. He gave the following definition of forensic medicine in 1818: “By forensic medicine
one means the application of physical, natural and medical knowledge to the legislation of the people, the
administering of justice, local government, the maintenance of public health” (Chaumont, 1997a, p. 247). He
also wrote: “How wrong are those who think that forensic medicine deals only with the right way to write a judicial report!” (Chaumont, 1997a, p. 247).
Victor Balthazard had a more restrictive definition
of forensic medicine than Fodere in his “Summary of
forensic medicine” (1906) when he stated that “Forensic
medicine is the application of medical knowledge to
civil and criminal cases that could only be solved using
its tools” (Chaumont, 1997a, p. 248).
New horizons were opened for this field by the
development of pathological anatomy and toxicology as developed by Matteo-Jose Bonaventure Orfila
(1787–1835), and widespread use of microscopical
investigations. One must also note the rise of forensic
psychiatry with Jean-Dominique Esquirol (1772–1840)
(Chaumont, 1997b).
At that time, the major work of forensic medicine specialists was limited to autopsies in morgues where bodies were displayed to be claimed by the public. Ambroise
Tardieu heralded social forensic medicine with his 1860
work on child abuse (Tardieu, 1860, pp. 361–398).
The teaching of forensic medicine as proposed by Dean
Le Roux des Tilliets remained at the theoretical level
despite the introduction of clinical forensic medicine as
a discipline. Around 1877, Dean Alfred Vulpian (1826–
1887) organized practical teachings in morgues, conducted by Paul Brouardel (1837–1906). Brouardel held
the chair of forensic medicine in Paris between 1879
and 1906 and became Dean of the Faculty of Medicine.
In Lyon, forensic medicine was developed by Alexandre
Lacassagne (1843–1924), who held the Chair of forensic medicine in the Faculty of Medicine in Lyon for over
30 years, between 1880 and 1913. This position was created in 1870. Lacassagne’s work focused on the medical and social aspects of criminality. The Faculty of Lyon
developed criminal anthropology and created the first
technical and scientific police laboratory by Dr. Edmond
Locard (1877–1966). The Institute of Forensic Medicine
was located within the University of Lyon.
The creation of the first forensic medicine institute in
Lyon took place in 1853 on a barge of the Rhone River,
on the opposite side of the Hotel Dieu hospital.
A few words about Professor Louis Roche: he was born
in St-Etienne on 10 September 1916. He was appointed
as university professor specialist of forensic medicine
and deontology, and director of the Forensic Institute
in 1955. The publishing house he founded, Alexandre
Lacassagne Editions, has published 200 original works
to date including forensic medicine and medical economy books. He remained exceptionally active until his
retirement in 1985.
11.1.1 Examples of historical backgrounds
A particular situation worth noting is forensic medicine
at Strasbourg and how the discipline could be maintained after two world wars. The curriculum of the college of medicine of Strasbourg has included a course in
forensic medicine since its creation in 1795. This course
began on 20 April 1795 and was given by military surgeon Joseph Noel (1753–1808), the future director of
the college. The Chair of forensic medicine was created
in 1796 and Noel was appointed professor of forensic
medicine and in time director of the college.
The transformation of the college into the Faculty of
Medicine took place on 17 March 1808, and confirmed
the position of forensic medicine in higher education.
The directive of 7 February 1809 organized 12 Chairs,
including the Chair of forensic medicine. Jean-Louis
Michel Tinchant (1741–1835), also a military surgeon,
succeeded Noel in 1809. He taught forensic medicine
Forensic medicine in France
until his death, on January 23rd, 1813 (Chaumont,
1997a).
Francois-Emmanuel Fodere (1764–1835) joined the
Faculty of Medicine in 1814, and remained in Strasbourg
until his death in 1835. Fodere gave a definition of forensic medicine as “the art of applying the knowledge and
principles of different branches of medicine in the interpretation of law items” (Chaumont, 1997a, p. 248).
Gabriel Tourdes was the head of the department of
forensic medicine in 1840. He was the real founder of a
practical approach to teaching this discipline.
In those times, the teaching of forensic medicine took
an important part in medical studies in Strasbourg, as
evidenced by the fact that out of 2064 questions in the
final examination, 306 pertained to forensic medicine.
Tourdes died on 26 January 1900 in Strasbourg. His long
career is one of the most remarkable in the history of
forensic medicine (Chaumont, 1997a).
The French victory in 1918 marked a resurrection
for forensic medicine, and Chavigny (1869-1949) who
was appointed in 1919, brought forensic medicine in
Strasbourg to the forefront. Pr. Chavigny came from
the Val de Grâce hospital in Paris where he had been
teaching forensic medicine since 1907. He studied under
Lacassagne in Lyon, himself a student of Pr. Gabriel
Tourdes during the Second Empire. In Strasbourg,
Chavigny created a teaching structure, laboratory,
equipment, library and collection from scratch. He was
succeeded in the chair of forensic and social medicine
by Professor Camille Simonin (1891-1961), who had
been his student since 1930.
In 1932, this Chair was renamed the Chair of forensic and social medicine. Camille Simonin continued to
develop forensic medicine in Strasbourg, followed by
Professor Chaumont in 1961.
During World War II, the Institute of Forensic
Medicine was located in the so-called historical part of
the medical school of Strasbourg, built by the Germans
during the period 1870–1890. It had not been destroyed
by the occupation forces and C. Simonin found after
1945 an institute that could be satisfactory run (Chaumont, 1997a).
11.1.2 The new organization of the
discipline in France
The founding of the Higher Council of Forensic Medicine
on 30 December 1994 (décret 94-1210 du 30/12/1994)
107
has led to a more structured framework for the activities
of forensic medicine in the past 18 years.
Major concerns were raised by numerous colleagues
involved in the field of legal medicine and forensic
sciences about the former organization (Gosset, 2007;
Demichel, 2004; Hecketsweiller, 2006; Penneau, 2003,
2006; Proust, 2007) who highlight the weakness of the
low rate of forensic autopsies against the necessity of
enhancing the university education in forensic sciences.
The Higher Council of Forensic Medicine inspired the
following directives:
27 May 1997 (DGS/DH No. 97-380). Creation of
regional centres for the treatment of victims of sexual abuse. These centres provide not only medical
treatment for victims but also legal and psychological supports.
13 July 2000 (DGS/DH No. 2000-399). Extension of
these centres for the support for child abuse.
22 October 2001 (DHOS/E1/2001/503). Directive on
the emergency admission in hospitals for victims of
violence and persons in psychological distress. This
Directive covers victims of violence and other distressing events.
27 February 1998 (DH/AF1/98/No 137). Creation of
emergency medicolegal centers. This follows the
creation under an interdepartmental project of the
Departments of Health and Justice of 26 forensic medicine units in regional university hospitals.
These units associate thanatological as well as clinical practices, carried out 24 hours a day by university clinicians, hospital consultants and private
consultants. The location of these structures within
teaching hospitals guarantees a high technical and
scientific level.
The Higher Council of Forensic Medicine published
on 1 February 1995 a report on the different services
provided by thanatological structures within university hospitals as well as in others teaching hospitals.
A national report on this matter was given to the
French Prime Minister by O. Jarde, deputy of the
region Somme, on January 2006 (Jarde, 2006; Rapport
IGAS).
From an educational perspective, the Higher Council
proposed the creation of university degrees in forensic
medicine and health law.
These structures led to:
r the creation of clinical research positions in forensic
medicine,
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Chapter 11
r the creation of clinical research departments in hospitals and universities,
r the creation of forensic medicine units in hospitals
located near courthouses,
r new diplomas in forensic medicine (DESC and Capacity, see below),
r the teaching of forensic medicine during the first years
of medical studies,
r the development of new fields in biological research
(toxicology, genetic fingerprinting, etc.).
The major modifications of the practice of Legal
Medicine in France were induced by the “Circulaire du
27 décembre 2010 relative à la mise en oeuvre de la
réforme de la médecine légale, NOR: JUSD1033099C
(circul CRIM-2010-27/E6).”
This reform on a national level came into effect
on 15 January 2011, and included funding by global
budgets instead of fee-for-service paid by the Criminal
Justice Department. This new organization is supposed
to clarify the medicolegal activity on the national
level and allows an easier identification of the forensic
medical units. After two years of application of those
rules (organization and funding), we can highlight the
better consideration of our discipline in the hospital
organization and the recruitment of numerous medical
doctors in clinical units (Chariot, 2012).
The framework of the different departments of clinical and thanatological forensic activities is shown in
Figure 11.1 and Table 11.1.
11.1.3 Activities of the forensic medicine
departments
Clinical forensic medicine includes either the examination of living victims (child abuse, battered women,
assaults, rape cases) or the examination of people in
custody. One of the French characteristics is the determination of a given period called “incapacité total de travail (ITT)” (occupation incapacity), which represents the
loss of autonomy of the victim, and its length is of legal
importance. An ITT of less than eight days is a minor
contravention of the law; a criminal offense occurs when
the ITT is more than eight days.
Figure 11.1 The framework of the different departments of forensic activities. Source: http://eclm.org/docs/France/Forensic_Medicine_
in_France.pdf
Forensic medicine in France
109
Table 11.1 Names and addresses of hospitals having a medicolegal unit
Name of the hospital having a
medicolegal unit
Addresses
Centre Hospitalier Régional d’Orléans
1 rue Porte Madeleine - BP 2439 - 45032 Orléans
Centre
Centre Hospitalier Régional Universitaire de Tours
2 boulevard Tonnellé - 37044 Tours
Centre
Centre Hospitalier Sud Francilien
59 boulevard Henri Dunant - 91106
Corbeil-Essonnes
31 avenue du Général Leclerc - 77405 Lagny sur
Marne
40 avenue de Verdun - 94010 Créteil
Ile-de-France
177 rue de Versailles - 78157 Le Chesnay
6 avenue de l’Ile-de-France - BP 90079 - 95303
Pontoise
55 boulevard Joffre - 77305 Fontainebleau
Ile-de-France
Ile-de-France
Bourgogne
Centre Hospitalier de Mulhouse
1 boulevard Jeanne d’Arc - BP 77908 - 21079
Dijon
87 avenue d’Altkirch - 68051 Mulhouse
Centre Hospitalier de La Rochelle-Ré-Aunis
Rue du Docteur Schweitzer - 17019 La Rochelle
Poitou-Charentes
Centre Hospitalier Félix Guyon
Centre Hospitalier A. Rosemon
Bellepierre - 97405 Saint-Denis
Rue des Flamboyants - 97306 Cayenne
La Réunion
Guyane
Centre Hospitalier de Perpignan
20 avenue du Languedoc - BP 49954 - 66046
Languedoc-Roussillon
Centre Hospitalier de Valenciennes
Perpignan Cedex
114 avenue Desandrouin - BP 479 - 59322
Nord-Pas-de-Calais
Centre Hospitalier de Boulogne-sur-Mer
Valenciennes
Rue Jacques Monod - BP 69 - 62321
Nord-Pas-de-Calais
Centre Hospitalier de Creil Laënnec
Boulogne-sur-Mer
Boulevard Laënnec - BP 72 - 60109 Creil
Picardie
Centre Hospitalier de Pau
4 boulevard Hauterive - 64046 Pau Cedex
Aquitaine
Centre Hospitalier Régional Universitaire de Lille
Centre Hospitalier Universitaire de Besançon
2 avenue Oscar Lambret - 59037 Lille
2 place Saint-Jacques - 25030 Besançon
Nord-Pas-de-Calais
Franche-Comté
Assistance Publique - Hôpitaux de Marseille
Centre Hospitalier Universitaire de Toulouse
Centre Hospitalier Universitaire de Caen
80 rue Brochier - 13005 Marseille
2 rue de la Viguerie - 31059 Toulouse
Avenue de la Côte de Nacre - 14033 Caen
Provence-Alpes-Côte d’Azur
Midi-Pyrénées
Basse-Normandie
Centre Hospitalier Universitaire de Rennes
2 rue Henri le Guilloux - 35033 Rennes
Bretagne
Centre Hospitalier Universitaire de Limoges
Centre Hospitalier Universitaire de Nancy
2 avenue Martin Luther King - 87042 Limoges
29 avenue Lattre de Tassigny - 54035 Nancy
Limousin
Lorraine
Centre Hospitalier Universitaire de Nantes
5 allée de l’Ile Gloriette - 44093 Nantes
Pays de la Loire
Centre Hospitalier Universitaire d’Amiens
Centre Hospitalier Universitaire de Reims
Centre Hospitalier Universitaire d’Angers
Place Victor Pauchet - 80054 Amiens
45 rue Cognacq-Jay - 51092 Reims
4 rue Larrey - 49933 Angers
Picardie
Champagne-Ardenne
Pays de la Loire
Centre Hospitalier Régional Universitaire de Brest
Carhaix
Centre Hospitalier Universitaire de Rouen
2 avenue Foch - 29609 Brest Cedex
Bretagne
1 rue de Germont - 76031 Rouen
Haute-Normandie
Centre Hospitalier Universitaire de Poitiers
Centre Hospitalier Universitaire de Grenoble
2 rue de la Milétrie - BP 577 - 86021 Poitiers
Boulevard de la Chantourne - BP 217 - 38700
Grenoble
Poitou-Charentes
Rhône-Alpes
Centre Hospitalier Universitaire de Saint-Etienne
1 chemin de la Marandière - 42055 Saint-Etienne
Rhône-Alpes
Centre Hospitalier Universitaire de Pointe-à-Pitre
Abymes
Centre Hospitalier Universitaire de Fort-de-France
BP 465 - 97159 Pointe-à-Pitre
Guadeloupe
BP 632 - Route de Châteauboeuf - 97261
Fort-de-France
4 avenue Reine Victoria - BP 1179 - 06003 Nice
Place du Professeur Robert Debré - 30029 Nı̂mes
Martinique
Centre Hospitalier de Lagny Marne-la-Vallée
Centre Hospitalier Intercommunal de Créteil
Centre Hospitalier de Versailles
Centre Hospitalier René Dubos
Centre Hospitalier de Fontainebleau
Centre Hospitalier Universitaire de Dijon
Centre Hospitalier Universitaire de Nice
Centre Hospitalier Universitaire de Nı̂mes
Région
Ile-de-France
Ile-de-France
Ile-de-France
Alsace
Provence-Alpes-Côte d’Azur
Languedoc-Roussillon
(Conituied)
110
Chapter 11
Table 11.1 Continued
Name of the hospital having a
medicolegal unit
Addresses
Région
Centre Hospitalier Universitaire - Hôpitaux de
12 rue Dubernat - 33404 Talence
Aquitaine
191 avenue Doyen Gaston Giraud - 34295
Montpellier
28 rue XXème Corps Américain - BP 90770 -
Languedoc-Roussillon
Bordeaux
Centre Hospitalier Universitaire de Montpellier
Centre Hospitalier Régional de Metz -Thionville
Lorraine
57019 Metz
Centre Hospitalier Universitaire de
58 rue Montalembert - 63003 Clermont-Ferrand
Clermont-Ferrand
Cedex 1
Centre Hospitalier Universitaire de Strasbourg
Hospices Civils de Lyon
1 place de l’Hôpital - BP 426 - 67091 Strasbourg
3 quai des Célestins - BP 2251 - 69229 Lyon
Cedex 02
1 place du Parvis de Notre-Dame - 75181 Paris
Alsace
Rhône-Alpes
104 boulevard Raymond Poincaré - 92380
Ile-de-France
Garches
Avenue du 14 Juillet - 93143 Bondy
Ile-de-France
Assistance Publique - Hôpitaux de Paris : Groupe
Hospitalier Hôtel-Dieu
Assistance Publique - Hôpitaux de Paris : Groupe
Hospitalier Raymond Poincaré-Berck
Assistance Publique - Hôpitaux de Paris : Hôpital
Auvergne
Ile-de-France
Jean Verdier
In the university hospitals, forensic doctors are on
duty around the clock year round to perform the clinical examinations and, if possible, the external examination on the crime scene when called by the police forces
(Martrille and Baccino, 2005).
Thanatological activities include body examination at
the scene and medicolegal autopsies ordered by legal
authorities. Most of the units develop radiographic postmortem imagery.
These structures have their own laboratories or often
collaborate with laboratories within the same university
hospital structure for toxicological analyses and in some
cases for genetic or dental identification.
It must be emphasized that all the forensic activities
are performed under the control of the prosecutors and
judges from the scene of crime throughout the investigations until the end of the trial. For example, the order
to perform an autopsy is left in the hands of the magistrates on a case-by-case basis and there is no statuedefined policy despite the European protocol published
in 1999. At the year 2012, about 8500 autopsies were
performed in the forensic field and 570,000 deaths were
registered in France.
11.2 Scientific and research bodies
The scientific body in the field of legal medicine is the
French Society of Legal Medicine (Société Française de
Médecine Légale). It is a nationwide forensic society of
about 400 members having educational and scientifical goals. A special section is dedicated to young scientists called “club junior” open to assistants and people
involved in the hospital internship. The Society gives
also, every two years, a prize for scientific projects of
great interest called “Prix Louis Roche.”
Most of the French professors and heads of departments are associated or running research units of the
two major research organizations in France, named the
National Institute of Medical Research (INSERM) or
the National Centre of Scientific Research (CNRS).
11.3 Teaching
In French medical schools, 20 to 40 hours of lectures
are dedicated to forensic medicine to enable students
to provide appropriate medical certificates for living victims and death certificates. These lectures also give some
basic principles on medical law, that is, medical liability and medical confidentiality. It must be emphasized
that during the first year of medical school, a few hours
are spent on bioethics. Lectures concerning other aspects
of legal medicine and health law are also given within
modules in humanities, social sciences, clinical practice
and gynaecology as well as modules relating to abuse
and sexual violence.
Forensic medicine in France
Following the two-year specialization internship,
medical students can then study for the DESC (Diplôme
d’Etudes Specialisées Complémentaires) in Forensic
Medicine and Medical Expertise. This includes students
who have completed specialization internships in occupational medicine, public health, psychiatry, pathological anatomy, internal medicine, surgery, as well as
specialization in general practice.
Legislation passed on 10 January 2000 under the
influence of the Higher Council of Forensic Medicine
introduced a new diploma called “Capacity in Medicolegal Practice.” The Capacity should compensate the
lack of places in the DESC programmes, and is open to
family practitioners or specialists who would not qualify for a DESC. This teaching also takes two years, and
students must conduct over 100 autopsies supervised
by an experienced professional before they can practice
forensic medicine autonomously (Martrille and Baccino,
2005).
Postgraduate lectures are also often given to train
future experts in the evaluation of bodily damage for the
civil courts or insurance companies in order to explain
how to take care of a victim from the medical, psychological and judicial points of view. Other lectures are given
in the field of social security medicine and in the law
school about the medical aspects.
Forensic medicine is also part of the curriculum of a
number of university diplomas. The University Diploma
in bodily impairment is delivered following university
studies that do not encompass the whole range of
forensic medicine activities but deal with compensation
for physical injuries. Finally, a number of Masters
and University Diplomas nationwide include different
aspects of forensic medicine.
It must be noted that forensic medicine is a medical
activity that is not recognized as a medical speciality,
but as a competence, by the French Medical Association
Ordre National des Médecins.
Students engaged in professional courses can get Masters lessons in different scientific fields. Masters take two
years and are organized by medical schools or other
schools such as law and life sciences. Among these are
Masters in anthropology, forensic biology, toxicology,
medical law, ethics and different domains of biology.
A list of experts is established by each Court of Appeal,
under the Forensic Medicine chapter. About 530 doctors
having a diploma delivered in forensic medicine are registered. Magistrates do not always have a precise knowledge of the diplomas delivered and the corresponding
111
level of formation. Magistrates are not limited to experts
registered under these chapters, but experts who are not
registered have to swear an oath in court proceedings,
and magistrates can be required to motivate their decision to choose an expert outside the register.
Within continuous education, one can note a course
given nationally by the Society of Forensic Medicine,
which includes teachings on the crime scene, the
medical file and child abuse. Local and regional courses
by the Mediterranean Society of Forensic Medicine
and the Belgian-Italian-French-Swiss Association of
Forensic Medicine yearly are organized by Professor
Daniel Malicier of Lyon and the annual symposium on
forensic anthropology held in Nice is organized by Professor Gérald Quatrehomme. Numerous other regional
courses are also organized by hospital and university
centres. It should be mentioned that workshops are
organized by Professor Cristina Cattaneo and Professor
Eric Baccino on clinical subjects under the umbrella of
the International Academy of Legal Medicine. Online
e-learning is also being developed, especially on the site
of the Faculty of Medicine of Grenoble.
Continuous education courses tend also to be undertaken by people in the police force, lawyers and forensic
medicine practitioners.
11.4 Forensic organization in
criminalistics in France
11.4.1 The Institute of Criminal Research
of the National Gendarmerie (IRCGN)
(www.gendarmerie.interieur.gouv.fr)
Located in Rosny-sous-Bois (93) near Paris, the judicial
division of the National Gendarmerie is based on the
capacity of the IRCGN and on the Department of Legal
Documentation and Research. It employs 500 military
and civilian personnel as well as forensic pathologists,
odontologists and pharmacists. This organization may
give some help to French investigators and judges for
technical, scientific investigations at a high level.
The Department of Legal Documentation and Research has been established for the treatment of information to judicial finality. Its main mission is to maintain
national databases, to make cross-check information
and to duplicate and strengthen the fight against cybercrime. Forensic sciences are essential to resolve cases
and allow gathering evidence and reconciliations of
facts and knowledge about criminality.
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The Institute of Criminal Research of the National
Gendarmerie is accredited by the French accreditation
body (COFRAC) and groups on one site all activities
related to forensic sciences. It has a laboratory and a
tactical and operational component available 24 hours a
day, allowing specialists to be quickly sent on to complex
crime scenes or major disasters with specific and adapted
material resources. This component includes two operating units:
The Gendarmerie Disaster Victim Identification Unit
(UGIVC). During a major disaster, this DVI unit
composed of multidisciplinary trained teams is in
charge of the different steps of the identification
procedure based on the recovery of bodies, the
ante- and postmortem information collection and
the crosscheck of these data.
The National Criminal Investigation Unit is a special unit of scientists of the Institute of Criminal Research of the National Gendarmerie, able to
carry out in specific circumstances all or part of the
investigations and coordination of forensic operations. Specialists from different departments (fingerprints, biology, biochemistry, microtraces, etc.)
carry out the analyses with the multidisciplinary
competences to perform the sampling in different
areas of the forensic field and may perform the analyses of the samples on-site or in the laboratory.
11.4.2 The National Police Institute of
Forensic Science (www.inps.interieur.
gouv.fr)
This institute, created in 2001, is a public institution
placed under the authority of the French Minister of
the Interior (Home Office). It has the quality of national
expert approved by the Supreme French Court and is
accredited for the analyses performed in casework. Its
mission is to conduct examinations and scientific and
technical analyses ordered by the judges and police
investigators in a criminal context. The Institute is constituted by six police laboratories, namely the forensic
laboratories of Lille, Lyon, Marseille, Paris and Toulouse
and the toxicology laboratory of the Prefecture of Police
of Paris. These laboratories have a national competence
and the central support body is located in Lyon. Approximately 700 employees work at the Institute who are
mostly scientists. The activity of this Institute covers the
entire field of forensics, going from the exploitation of
genetic samples to traces of papillary fingerprints, document analysis, ballistics and analysis of ballistic injuries,
expertise on digital technologies, analysis of drugs, toxicology as well as physical chemistry analyses on various
media (fire residues, soil, paints, inks, fibers and gunshot
residue).
Forensic specialized analyses are performed either
by national or university laboratories as well as private
ones. This is particularly the case for toxicological
and forensic DNA analyses. Another example is the
entomology samples examination to determine the
postmortem delay. These are processed essentially in
two centers, the Medico-Legal Institute in Lille and at
the IRCGN; the diatom test, which was reintroduced in
France by the university laboratory of the Medico-Legal
Institute of Strasbourg in 1992 today has an experience
of over 1500 cases.
Diatoms are unicellular algae belonging to the class
of Bacillariophycae, which includes more than 15,000
species living in fresh water. These algae can be considered as particles present in submerged water that
are inhaled during drowning. Once in the bloodstream
they reach the closed organs. Under strict extraction and
identification conditions, these particles can be considered as good markers of drowning.
Due to this hard silicaceous skeleton, diatoms can be
recovered from putrefied or burnt tissues by either enzymatic or acid digestion (Ludes et al., 1994). The identification of these algae is based on the structure of their
valves, which show different symmetry, thus allowing
the distinction of two main groups, namely the centric
diatoms and the elongated or pennate diatoms.
Analysis will be considered as positive when at least
20 diatoms are identified per 100 μl of a pellet sediment
extracted from a 2 g lung sample and the identification
of more than five complete diatoms (with exclusion of
fragments) per 100 μl of a pellet sediment extracted from
2 g tissue samples from, for example, the brain, kidney,
liver and bone marrow. Bone marrow is described as
a sanctuary organ and if diatoms reach this tissue, the
diagnostic of drowning could be assessed.
This test cannot be proposed to assess the diagnostic of
drowning in a bathtub or in water containing very few
algae, for example, in ice water.
The site of drowning may be determined by comparison between the water microflora with the diatoms
found in the lungs.
Forensic medicine in France
11.5 Conclusion
The organization of the Legal Medicine in France was
reinforced by a new regulation, which has been applied
since January 2011 and enhances the strength of this
field in France. All the examinations, autopsies and additional analyses are only performed on prosecutor or
judge orders. The Journal of Legal Medicine is the official voice of the “Société Française de Médecine Légale,”
which is the scientific body of French legal medicine.
Important support is given to the research teams to be
internationally recognized.
References
Chariot, P. (2012) Organisation nationale de la médecine légale
en France. La Rev. Prat. 62: 796–798.
Chaumont, A. (1997a) L’âge d’or de la médecine légale – Histoire de la médecine à Strasbourg – Edition, La Nuée Bleue, pp.
246–249.
Chaumont, A. (1997b) La brillante reviviscence de la médecine
légale – Histoire de la Médecine Légale Edition, La Nuée Bleue,
pp. 510–513.
Demichel, F. (2004) Les contradictions actuelles du Droit et de
la Santé. Revue Générale du Droit Médical 13: 169–181.
Gosset, D. (2007) Les structures hospitalières et hospitalouniversitaires de médecine légale: quel avenir en 2007? Gestion Hospitalière 2007: 676–679.
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Hecketsweiller, Ph. (2006) Trajectoire de la médecine légale.
Gestion Hospitalière 2006: 657–664.
Jarde, O. (2006) Rapport au Premier Ministre sur la Médecine
Légale, 2003, rapport IGAS/IGS – Mission interministérielle
en vue d’une réforme de la médecine légale, Janvier.
Ludes, B. (2008) Forensic medicine in France, in Forensic
Medicine in Europe, Eds B. Madea and P. Saukko, SchmidtRömhild, Lübeck, Germany, pp. 113–141.
Ludes, B., Quantin, S., Coste, M., Mangin, P. (1994) Application
of a simple enzymatic digestion method for diatom detection
in the diagnosis of drowning in putrefied corpses by diatom
analysis. Int. J. Med. 107: 37–41.
Martrille, L., Baccino, E. (2005) Professional bodies, France
– forensic medical and scientific training, in Encyclopedia of
Forensic and Legal Medicine, Eds J. Payne-James, R.W. Byard,
T.S. Corey, C. Henderson, Elsevier Ltd, pp. 495–499.
Penneau, M. (2003) Plaidoyer pour une médecine légale moderne. Gaz. Pal. 4–6, Mai.
Penneau, M. (2006) La médecine légale, discipline hospitalière.
Gestion Hospitalière 2006: 665–669.
Proust, B. (2007) La réforme de la médecine légale sur le pas
de tir. Plaidoyer pour un passage à l’acte politique en 2007.
Gestion Hospitalière 2007: 670–675.
Sournia, J.-Ch. (1989) La Médecine Révolutionnaire (1789–1799),
Payot ed., p. 198. Rapport IGAS: http://lesrapports.lado
cumentationfrancaise.fr.
Tardieu, A. (1860) Etude médico-légale sur les sévices et
mauvais traitements exercés sur des enfants. Annales
Hygiène Publique et Médecine Légale, 1860: 361–398. www.
gendarmerie.interieur.gouv.fr.www.inps.interieur.
gouv.fr.
C H A P T E R 12
Forensic medicine in Germany
W. Eisenmenger & O. Peschel
Institute of Forensic Medicine, Ludwig Maximilians University, Munich, Germany
Germany
The origins of forensic medicine in Germany date back
some 500 years and are rooted in the codification of the
criminal law that was in force at the time and that was,
in essence, municipal law. It was largely due to the pressure exerted by the Imperial Chamber Court, founded
in 1495, that Johann von Schwarzenberg drew up the
so-called Constitutio Bambergensis in 1507. This formed
the basis for the peinliche Halsgerichtsordnung of Emperor
Charles V, a legal code involving corporal punishment
for the judgement of capital crimes, better known as
the Constitutio Criminalis Carolina. It was passed into law
for the whole of the German Reich in the Reichstag of
1532. This legal code stipulated that experienced specialist doctors had to be consulted in cases involving murder,
manslaughter, grievous bodily harm resulting in death,
infanticide, suspicion of medical malpractice, and autopsies of people who had died a violent death. The same
was true for cases of abortion or sterilization, as well as
for establishing the degree of criminal liability in cases
involving juveniles and the mentally ill. This marked
the starting point of forensics as a specialist field in the
German-speaking regions of Europe.
In the period that followed, programmes of training in forensic medicine evolved at universities, which
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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were the educational establishments where doctors
were given their scientific training. Although forensic
medicine was not yet a separate discipline in its own
right, a number of lectures dealing with forensic-medical
issues were held. The first books to address this subject
matter were published in the 16th and 17th centuries;
because they were published in Latin, they quickly
spread across the whole continent of Europe. The most
renowned were the works of Ambroise Paré from France
and Fortunato Fedele and Paolo Zacchia from Italy.
In the second half of the 17th century and especially
in the 18th century, professors at German-speaking universities also published works relevant to the discipline.
These included Welsch, Amann and Bohn in Leipzig,
Alberti in Halle, Löw in Prague, Teichmeyer in Jena,
Albrecht v. Haller in Göttingen and Büttner and Metzger
in Königsberg, to name but a few.
Of particular significance was the contribution made
by Johann Peter Frank in Vienna. He saw the fields
of forensic medicine and public healthcare, particularly
in association with hygiene, as being the communal
responsibility of an absolutist state, thereby creating the
concept of Staatsarzneikunde, or the study of public health
and hygiene.
Combining two medical fields in this way transpired
to be an impediment to the scholarly development
of both subdisciplines in the longer term, because an
ever-increasing degree of specialization meant that the
knowledge and practical expertise acquired could no
longer be managed as a single, common task. Indeed,
the two fields were still not ultimately separated until
the second half of the 19th century.
The development of forensic medicine into a university discipline in its own right was a slow process.
Although lectures did take place in forensic medicine at
individual universities, they were being held by professors who were specialists in other fields such as surgery,
physiology or anatomy. In 1804, Emperor Francis II
created the first specific Chair of legal medicine and medical police by decree in Vienna. The Ordinarius Professor, Ferdinand Bernhard Vietz, carried out autopsies in
the presence of students; initially, they took place in the
Vienna General Hospital, the Allgemeines Krankenhaus.
His successor, Joseph Bernt, was subsequently given
his own small institute in 1818 with storage rooms for
corpses and a lecture theatre where he could carry out
autopsies.
In accordance with the standardized nature of Staatsarzneikunde in the various countries of the Habsburg
Empire, the next professorial Chair to be created was
in 1807 in Prague. The Kingdom of Prussia also viewed
the establishment of a public health sector as progressive and in accordance with the Enlightenment, creating so-called Physicat positions. It was the task of those
entrusted with these jobs to cater to the medical needs of
the population, a remit that included issues of a forensic nature. It was in this spirit that an Extraordinariat für
Staats- und Gerichtliche Arzneikunde – an associate professorship of public health and legal medicine – was created at the Friedrich-Wilhelms-University in Berlin in
1820. Further professorships in legal medicine followed
in 1855 in Bern/Switzerland, 1863 in Graz, 1867 in Kiel,
1869 in Innsbruck, and in a total of 15 universities by
the turn of the century. A further six universities created
professorships in the years before the Great War. Nevertheless, it was not until 1980 that all German-speaking
universities could boast a Chair in the field. The last new
professorship to be created was in 1980 at the University
of Ulm, which was founded in 1967.
Forensic medicine as a university discipline in its own
right came under serious threat in 1966 when the German Council of Science and Humanities – the Wissenschaftsrat – recommended, in its new regulations on
the licensing of doctors, that forensic medicine should
no longer be taught as a specialism, but that forensic
issues should be integrated into lectures dealing with
clinical matters. It was only thanks to the enormous
effort invested by the German Association of Forensic
Medicine, the West German Medical Faculty Association, the Ministries of Education in the Länder and the
Federal Ministry of Youth, Family and Health that the
implementation of these plans could be prevented.
Although forensic medicine had been written into the
regulations on the licensing of doctors as a university
course of study in 1970, and although the German Medical Assembly had decided in 1976 to include its own
specialist doctor of forensic medicine in its regulations
governing advanced specialist training, the German
Council of Science and Humanities tried once again, in
1976, to abolish forensic medicine as a discipline in its
own right. It suggested that it be classified as a subdiscipline in the field of pathomorphology. This plan was also
thwarted by the President of the German Association of
Forensic Medicine.
Forensic medicine in Germany
In the 1990s and into the 2000s, financial considerations led many universities to consider whether it
still made sense for the smaller medical fields to continue being represented by full professors, or Ordinariate. This concerned fields such as the history of medicine,
social medicine, dentistry and also forensic medicine. In
1999, the institute at the University of Marburg closed,
with its teaching and other services being taken over
by the University of Giessen. In 2003, the Institute of
Forensic Medicine at Aachen University transferred its
duties to the Institute of Legal Medicine in Cologne.
In Berlin at around the same time, the institutes at
the Humboldt University and the Free University were
merged, although the State Institute of Legal and Social
Medicine Berlin, which was administered by the healthcare authorities, had already had its staff merged with
the institute at the Free University and the two institutes
had already been run on the basis of a single common
staff. At a later date, a merger took place between the
institutes at the Medical University Lübeck and at Kiel
University. This was also the case with the institutes at
Magdeburg University and the University of Halle. Several institutes were no longer run by full professors, but
as a subsection in the department of pathology, as was
the case at Göttingen.
In addition to the university institutes, there have
been and still are other institutes that are assigned to the
public health authorities in large towns or the Länder.
For example, there is one such institute in each of
the following cities: Bremen, Dortmund, Berlin (which
shares a common staff with the Institute of Forensic
Medicine at the Humboldt University) and Potsdam. The
German military – the Bundeswehr – also maintains its
own institute at the Airforce (Luftwaffe) Institute of Aviation Medicine, which deals primarily with the forensic
examination of aeroplane and helicopter crashes.
Recently, certain individual specialists in forensic
medicine have opened their own private practices. They
tend to restrict themselves to minor forensic procedures,
such as alcohol assessment or autopsies.
The most common areas of activity in the field of
forensic medicine are the following: autopsies, clinical
forensics including the examination of living people,
in particular of the victims of sex offences, sexual
abuse and child abuse; toxicology relating to controlled
substances, medication and serious cases of poisoning
of all kinds; the analysis of DNA in the context of
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criminal evidence and in establishing parentage; the
process of identification in cases of unknown deceased
persons and large-scale disasters; determining the age
of individuals in asylum cases and establishing their
degree of accountability in cases requiring the application of juvenile law; biomechanics, traffic medicine
and accident reconstruction, and a number of specialist
areas such as forensic insectology (entomology) or
paleopathology. Since the 1930s, alcohol research has
occupied a position of importance in forensic medicine,
both in respect to detecting levels of blood alcohol as
well as establishing the effect of alcohol on a person’s
fitness to drive and their criminal liability. In contrast
to the law in other countries, German criminal law
permits a blood sample to be taken in the process of
securing evidence. This is why extensive research has
been undertaken into the metabolism of ethanol in the
human body and also the setting of so-called limits to
prohibit drivers of motor vehicles or cyclists from taking
part in road traffic on the basis of their blood alcohol
levels. In 2003, the breath test was deemed admissible
in assessing a person’s relative fitness to drive.
German law requires a proof of abstinence from
anyone who has repeatedly committed alcohol-related
traffic offences, who has exceeded certain blood alcohol
concentrations or who has been found to have traces
of controlled substances in their blood whilst taking
part in road traffic. Because of this, forensic medicine
also includes research into and the provision of services
associated with examining markers of alcoholism or
providing evidence of drug consumption by conducting
a longitudinal analysis of a suspect’s hair.
The field of biomechanics, in both its research and
provision of services, has given rise to considerable
discussion. The effects of physical parameters on the
human body, especially the effects of forces including
acceleration, often constitute part of a judicial report.
Investigations of this nature require natural scientists,
for instance physicists, engineers and computer scientists, to collaborate with medical doctors. Only very
few institutes of forensic medicine can afford such a
complex staff structure, meaning that there are only
two university institutes in Germany that currently
maintain a department of biomechanics.
One area that has seen rapid development in forensic medicine is the use of medical imaging techniques.
The first research findings in this field were yielded by
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Professors Dirnhofer and Thali at the University of Bern.
Since then, a large number of German institutes have
acquired their own machines and are now in a position
to routinely carry out X-ray examinations, CT scanning
and, in individual cases, NMR. Recently, studies have
been conducted using targeted biopsy techniques and
the creation of a postmortem circulation using a heart–
lung machine. The value of such studies for the field of
forensic medicine is currently under discussion.
A further procedure that might be integrated into the
canon of forensic methods is the study of stable isotopes for use in clarifying the regional background of
unknown persons.
Clinical forensic medicine has grown particularly
rapidly in recent years, with new departments in this
field being established in Hamburg, Mainz and Munich,
for example. Here, the focus is on assessing domestic violence, child abuse and sex offences. In cases involving
the latter, procedures are limited to the use of specula.
In cases where it becomes necessary to assess injuries
deep in the vagina, then a gynaecological examination
is required.
Forensic psychiatry has completely separated itself
from forensic medicine. Until the 1970s, permanent
positions for psychiatrists still existed at individual institutes of forensic medicine. However, the viewpoint
prevailed that psychiatric exploration would be best
undertaken by admitting the subject to a clinic as an inpatient: because the institutes of forensic medicine do
not allow periods of residency, this field of study became
completely integrated into clinical psychiatry.
In Germany, procedures for processing fingerprints
and examining the authenticity of documentation lie
outside the scope of forensic medicine. This is also the
case with the examination of fibres, traces of paint and
ballistics. These types of examination have long been
the responsibility of the State Criminal Police Offices –
the Landeskriminalämter – or police laboratories. Because
these police bodies also carry out other types of scientific
examination, there is a certain degree of competition
between themselves and the institutes of forensic
medicine, particularly in the fields of toxicology and
DNA analysis, and to some degree in anthropology
and biomechanics. German judges are free to choose
their expert witnesses, whereas the public prosecutor’s
office and the police themselves tend to turn to police
institutions when they need to call on expert opinion.
The central argument underlying this was always that
the services required could be provided less expensively
by the police, because the university institutes did
not primarily exist to provide such services and they
received payment for them. In contrast, the State
Criminal Police Offices only received payment for their
services through a system of internal accounting with
the contracting authority. Over the last few years,
many services at the university institutes have been
reclassified to include them in their main duties, and
the staffing costs at the State Offices of Criminal Investigations proved to be extremely expensive, so that the
arguments cited above have lost much of their former
significance. The vast majority of the contract work
undertaken by the institutes of forensic medicine comes
from the state investigating authorities, that is from the
police, the public prosecutor’s office or from the courts.
Contracts issued by private individuals or by insurance
companies are far less numerous and are often limited
to specific problem areas. The biomechanic assessment
of whiplash injuries, in particular as a consequence of
road traffic accidents, is included in this category.
The vast majority of the institutes of forensic medicine
are indeed financed by the income they receive for compiling reports for the police and the public prosecutor’s
office. Since these reports are now paid for as part of the
main duties of the institutes, the income they generate,
which flows to the universities as the parent institutions,
can be used in no small measure to finance their staffing
costs. Payment for the services provided by the institutes
of forensic medicine occurs under a specific law that governs the compensation of witnesses, including expert
witnesses (JVEG). Private institutions and individual
specialists in forensic medicine operating their own private practices are also subject to this law, although the
cost of certain services, for instance autopsies, is not covered in its entirety by the compensation payments. A
university-based institute of forensic medicine that possesses a molecular genetic and a toxicological section is
in a position to offer and charge for these rather more
lucrative services, whereas those operating in private
practice might find this structure problematic.
As a consequence of the legal requirement to put all
contracts out to public tender, competitive pressure has
increased, as has the downward pressure on pricing. As a
result, some institutes are no longer able to provide those
services, which are manpower-intensive and require
considerable material input, because they are insufficiently remunerated within the parameters of the law.
Forensic medicine in Germany
Currently, most of the German institutes are accredited according to certain norms (DIB-ISO), either as a
whole institute or by section, so that procedural codes
and examination procedures have been largely standardized across the country and are therefore comparable with one another. In addition, round robin tests (e.g.
DNA, alcohol) exist for specialist laboratories as a form
of quality control. They are repeated regularly and passing them is a precondition for submitting bids in public
tenders.
Forensic odontology is largely conducted at university
institutes of forensic medicine in collaboration with interested odontologists. Working together with the Federal
Criminal Police Office – the Bundeskriminalamt – it is
repeatedly called upon by the so-called identification
commission (German DVI-Team = IDKO) to identify the
victims of air crashes. At its core, the team is made up of
officers from the Bundeskriminalamt who are then supplemented on a case-by-case basis by specialists from the
institutes of forensic medicine.
Besides being involved in several domestic catastrophes involving German victims, most of which were
road traffic accidents and air crashes, German forensic
specialists were also active internationally in 1991 following the crash of an Austrian passenger aircraft near
Bangkok; under the auspices of the International Criminal Tribunal for Yugoslavia’s mission to exhume the victims of the Bosnian conflict in 1998, as well as in 1999
in Kosovo; following the fire on the mountain railway
in 2001 in Kaprun, Austria, which claimed the lives of
156 people; and in 2004/05 in Thailand and Sri Lanka
in the aftermath of the tsunami.
The causes of death covered by autopsies cover a
broad spectrum. Among these there are typically cases
of homicide including murder and manslaughter, but
also cases of negligent homicide arising from road traffic
and occupational accidents. Added to this are household
accidents, sport-related accidents, suicides and cases
where the cause of death by natural causes is unclear.
In recent years, the number of autopsies conducted as
a result of medical malpractice has risen sharply. The
statistics for the number of autopsies carried out show
significant regional variation. Whilst the very high
proportion of autopsies being carried out in Munich, at
10% of deceased persons, is unusual, many rural areas
have extremely few autopsies, with statistics in some
cases showing numbers below 0.5% of all deceased
persons. This appears to be particularly the case when it
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is necessary to cover large distances to reach the nearest
university institute of forensic medicine. Such situations
arise partially due to the legal requirements to which
postmortem examinations and certification of death are
subject. In Germany, each individual Land determines
its own legal framework, meaning that there is no standard for the country as a whole. A postmortem examination and certification of death can only be carried
out by licensed doctors, although irrespective of their
specialization; most often it is the practically active,
established doctors and general practitioners who are
called upon to conduct postmortem examinations. If
these doctors do not certify a natural cause of death, or
certify the cause of death as unknown (and here too
there are no national, standardised legal definitions),
the police must be informed. The police then initiate
an investigation and submit it to the public prosecutor’s
office, which decides whether an autopsy is required by
making an application to the district court – the Amtsgericht. Classical pathology has seen doctors applying for
autopsies with the consent of the next of kin (albeit with
very low and continually declining numbers of autopsies
being conducted), but this has never played much of a
role in forensic medicine in Germany. According to a
Multicenter study carried out in 1997, some 1200–1400
homicides a year are not identified as such (as against
approximately 700–900 homicides a year according to
police crime statistics) as a result of these regulations
and because general practitioners are not well versed in
forensic matters and the interpretation of evidence, and
also because of the investigating authorities’ cost-saving
interest in having people’s deaths certified as being the
result of natural causes (which means that the police
are not required to conduct an investigation).
Irrespective of police crime statistics, which are based
purely on issues of policing, no other statistics exist
covering the number of autopsies being carried out in
Germany either nationwide or in the individual Länder.
Neither is there any unified law or legal framework
covering autopsies.
If earlier and/or regional studies are used as a point of
orientation, and if the steadily sinking number of autopsies over many years is taken into account, then the
number of forensic autopsies being carried out across the
country nowadays might be estimated at below 1–1.5%.
The assessment of cases involving accusations of medical malpractice poses a particularly complex challenge.
Many questions can only be answered by consulting a
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specialist from the relevant clinical field. Heart and vascular surgery or neurosurgical operations can serve as
an example here: it is usually the case that an institute
of forensic medicine becomes involved when there has
been a fatality and an autopsy is required in the early
stages of an investigation. Experience has shown that it
makes good sense to tackle cases of this kind in a team of
colleagues and, where necessary, to involve the relevant
specialists even as early as the autopsy stage. Cases like
these have become more frequent in recent years due to
a rise in complaints by next of kin.
After having submitted his written investigation
report, a forensic pathologist will also usually be summoned to the main trial as an expert witness and consulted in court. This means he will deliver an oral report
based on the information that has emerged from the
main trial and the examination of the witnesses. The
code of criminal procedure contains a principle of orality, meaning that during the main trial the only information that can be used in reaching a verdict is that which
has been debated orally during the trial, including the
questioning of the expert witness. The expert witness is
summoned in the vast majority of cases by the court and
is independent and impartial, meaning he or she is under
no obligation to either the public prosecutor’s office or
the defence. The expert witness is remunerated by the
court and not by either of the parties, and whilst this is
certainly legally possible, it is fairly uncommon.
In Germany, forensic medicine is an established
course of study in the regulations on the licensing of doctors. Every medical student must therefore complete a
course of study in this subject and have their knowledge
tested in an examination. Teaching methods differ from
university to university, but in the main they are a combination of lectures and practical classes. Additionally, it
falls under the remit of forensic medicine to teach the
medical students the legal and ethical essentials of being
a doctor. Accordingly, some colleagues’ work addresses
questions of medical law and forensic medicine plays a
role in the ethics commissions of many universities.
In order to qualify for a course of advanced training
to become a specialist in forensic medicine, candidates
must first have been in full-time employment in the
field for at least 3.5 years and at least half a year each
in the fields of pathology and psychiatry (minimum
5 years all together). In this time, a catalogue enumerating a specifically defined quantity of occupations
and tasks must have been completed; the following list
of procedures serves as an example (numbers differ
between the Länder – the numbers cited here are for
Bavaria): description and evaluation of postmortem
examinations (400); findings reports and evaluations
from crime scenes and places where evidence has been
discovered (25); forensic autopsies and reports on the
correlation between morphological findings and the
sequence of events (300); histological examinations
(2000); evaluation of pictorial evidence and storage
of evidence (10); oral and written reports for the law
courts (200); forensic-osteological and/or odontological
expert reports (25).
In addition, expertise in the following areas is integral to the training of specialists in forensic medicine:
assessing and diagnosing poisoning; the essentials of
forensic molecular genetics related to paternity and
identification; knowledge of forensic anthropology and
odontology; questions of traffic and insurance medicine,
together with the forensic application of imaging
procedures.
The course of study takes place in the institutes
according to individual curricula and not in externally
held courses, although in exceptional cases optional
specialist courses (e.g. bloodstain pattern analysis) are
offered. The course of training to become a specialist
in forensic medicine ends with an oral exam held by
the State Chamber of Physicians. The field of forensic
medicine is currently experiencing a heightened level of
public awareness due to forensics in general and the field
of forensic medicine as a whole being a central theme
in many crime films and thrillers. This has resulted in
increased interest in the field on the part of medical graduates, enabling institutes of forensic medicine to select
their academic assistants from a larger field of applicants.
In contrast, however, many institutes are struggling to
find specialists with professional experience.
Experience suggests that predicting the future is no
easy matter. Clearly, the question of whether forensic medicine can sustain its long-standing and extensive links to universities as a course of study in its own
right will prove decisive for the field in Germany and
the whole of the German-speaking world. Partly out of
financial considerations, the future of forensic medicine
at some universities is open to discussion. But one thing
is certain: if the field of forensic medicine survives only
as the provider of services for the police and the public
prosecutor’s office, then research in the field will grind to
a standstill, leading to a serious loss of academic potential in this field, which is of such crucial importance both
to the medical profession and society as a whole.
C H A P T E R 13
Forensic science in Hong Kong
Sheilah Hamilton1 & Philip Beh2
1 Forensic
Focus, Hong Kong
of Pathology, The University of Hong Kong, Hong Kong
2 Department
Hong Kong
13.1 Background
Forensic science in Hong Kong has a long and colourful
history, although the term “chemicolegal” – not “forensic science” – was used for many years, and the number of professionals employed in its practice remained
very low until the early 1970s (Clarke, 2004). However,
since the late 1870s, one constant is the fact that the
operation of forensic science in Hong Kong has been a
predominantly “Government” matter. There were, and
still are, few private forensic consultancies or forensic
professionals in Hong Kong, and those in the latter category are often former or retired professional staff of the
Hong Kong Government Laboratory (HKGL).
In 1842 the island of Hong Kong was ceded to the
British by the terms of the Treaty of Nanking, although
settlement had begun the previous year. Thus was born
the Colony of Hong Kong. Lord Palmerston, British
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
121
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Foreign Secretary, famously referred to it as “a barren
rock with hardly a house upon it”. This so-called “barren
rock” covered a mere 80 km2 . Some two decades later,
the size of the territory increased due to the acquisition
of the Kowloon peninsula (opposite the northern shore
of Hong Kong Island), and the quaintly named “Government Gardens and Tree Planting Department” set about
beautifying the previously stark hillsides that had irked
Lord Palmerston 30 years before. Still later in 1898, the
lease of the New Territories and several islands resulted
in the formation of a much larger area comprising
1104 km2 .
Since July 1997 Hong Kong has been a Special Administrative Region (SAR) of the People’s Republic of China
and, at the time of writing (2013) has a population
of approximately 7.15 million. The administration of
Macau, the former Portuguese colony and other Chinese
SAR, is separate from that of Hong Kong and will not be
mentioned further.
Although this is not a political book, the fact that
Hong Kong was a British colony for more than 150
years should not be ignored, particularly as this relates
to the different “Hong Kong Government Departments”
that were formed as part of its development, operated
within the overall administrative framework and, much
to historians’ delight, produced some detailed Annual
Reports. Without intending to, these reports illustrate
how forensic science developed in the early days and
operates in the 21st century.
An interesting feature about British colonial staffing
is that some expatriate personnel employed in different administrations moved from one place to another.
This may be considered in the Hong Kong context
in relation to acquiring new forensic expertise. As
late as 1960, Ron Edgley, an experienced forensic scientist, transferred from Tanganyika (later Tanzania)
to the Hong Kong Government Laboratory (HKGL),
where he worked until his retirement in 1984 (Clarke,
2004). As forensic science became more internationally accepted during the 1970s, staff of the newly
formed (1969) Forensic Science Division of the HKGL
developed close ties with the UK Home Office and
Metropolitan Police Laboratories, both of which seemed
to regard their Hong Kong cousin, geographically at
least, as a rather distant UK forensic laboratory. Home
Office Central Research Establishment (HOCRE) reports
were sent regularly to staff of the Forensic Division
of the HKGL throughout the 1970s, as were quality
photographic collections of glass headlights (Hamilton,
2013).
13.2 Early history
One of the first examples of forensic analysis being
required in Hong Kong occurred in 1857 when an
attempt was made to poison the European community by lacing its bread supply with a large amount
of arsenic. However, because the criminals had been
heavy-handed, the poison was noticed before the bread
was eaten. Even so, analysis of the tainted bread was
necessary. The tests did not take place in Hong Kong
but in the War Department in England, suggesting that
either no analyst with appropriate knowledge, equipment and experience was available in Hong Kong, or
at least none who wished to become involved in such
chemicolegal matters.
It was not till some 20 years later, in 1879, that the first
qualified “Apothecary and Analyst” was recruited into
the Hong Kong Government. This was Hugh McCallum,
a well-qualified Scot who had previously worked for
three years as a dispenser in the Royal Naval Hospital in
the West Indies. The “analyst” part of McCallum’s title
was intended to deal with any forensic or chemicolegal work, and his first two Annual Reports for 1880 and
1881 mention the fact that he analysed material from suspected poisoning cases during both years. McCallum’s
immediate superior was the Colonial Surgeon, head
of what would become known as the Medical and
Health Department (M&HD). Over time the names of
the parent department, subdepartment and the officerin-charge altered, but one thing remained unchanged:
with few exceptions that will be mentioned later, traditional forensic scientific work was performed in the
HKGL which, until 1978, was part of the Medical and
Health Department of the Hong Kong Government but
then became an independent Government agency composed of two divisions, a “Forensic Science Division” and
an “Analytical and Advisory Services Division”.
When McCallum was transferred in 1883 to the newly
formed Sanitary Board, a “replacement Apothecary and
Analyst” was recruited from England. Although William
Crowe was only 21 at the time of his appointment in
1883 and had no prior overseas experience, he was
remarkably farsighted during his early years, particularly when it came to “forensic thinking”, as can be seen
Forensic science in Hong Kong
from his views of the value of what might now be
termed “alternative” or “negative” evidence – see Box
13.1 (Crow, 1885).
Box 13.1 (Crow, 1885)
The murder at Kowloon, on April 16th, furnished material
for investigation. A garment was sent by the Police with a
request that the stains thereon might be examined in
order to determine whether or not they were due to
human blood. Although very like, the stains were not due
to blood but to some oxides of iron. The man under arrest
was an engineer and had possibly been using, when at
work, some paint made of iron pigments known in
commerce as “Indian and Venetian red”.
Leaving the term “human” out of the question, for it is
impossible to distinguish, with certainty, the blood of a
human from that of other mammals, the Inspector took a
proper course in having the coat examined. In
chemico-legal cases negative evidence is equally as
valuable as that of a positive nature (Emphasis added).
13.3 Early changes and challenges
In 1903 the pharmacy aspect of the “Apothecary and
Analyst” responsibilities was removed from the title,
and future chemists were known, at least initially, as
either “Government Analysts” or “Assistant Analysts”.
More importantly, the change meant that these analysts
were no longer dispensers. A decade later another major
change occurred when the management of the laboratory was removed from the Government Civil Hospital
and transferred to the parent department (MH&D).
There were many recurring problems during the early
years of analytical work in Hong Kong, not least because
Hong Kong was an unhealthy place to live. These challenges included but were not limited to:
i. chronic illness of personnel coupled with associated
sick leave;
ii. lengthy periods of overseas home leave (obviously
by ship) as part of officers’ conditions of service;
iii. inadequate premises for the laboratory and
iv. insufficient laboratory equipment and chemicals.
Even when the number of personnel appeared to
increase on paper, this was often not reflected in the
actual staff available because of continuing unfilled
vacancies.
123
Despite these many challenges, the number, variety
and complexity of criminal cases handled by Government Laboratory personnel increased over the years to
include:
r Toxicology (many poisonings of different types – both
accidental and intentional)
r Narcotics, initially mostly opium and heroin
r Counterfeit coins, including manufacturing equipment
r Counterfeit banknotes and metal plates
r Forged cheques
r Detection of removed cancellation marks on stamps
r Detection of delay mechanisms at fire scenes
r Detection of fire accelerants
r Identification of blood on weapons and clothing
r Detection of semen
r Fibre identification
r Oil identification on cloth
r Detection of gunshot residues
r Detection of pepper residues in nail parings
r Examination of bomb residues.
Over time the number of operational staff in the Government Laboratory rose slowly. By December 1941,
when Hong Kong fell to the Japanese, the total establishment had grown to eight officers including the Government Chemist, two assistant Government Chemists
and five Assistant Chemists, including some local
Chinese (Clarke, 2004).
Unsurprisingly, due to lack of staff, equipment and
chemicals after 1945, it took some time and a lot of
commitment before Hong Kong resumed anything like
normality and the Government Laboratory was able to
function as before.
13.4 Court attendance
Chemists from the HKGL were required to give oral testimony in Court on many occasions, something that was
particularly time-consuming as new Courts opened in
Kowloon. Because the Cross Harbour Tunnel linking
Kowloon to Hong Kong Island (where the Government
Laboratory was located) did not become operational
until August 1972, all previous journeys to Kowloon had
to be made by ferry. Relevant Annual Reports show that
in 1930, laboratory staff presented expert evidence on
50 occasions, and this number had risen to more than
120 by 1962. Just over a decade later, court attendances
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Chapter 13
had declined slightly to 97 during 1975 and 103 for 1976
(Hamilton, 2013).
13.5 Attendance at scenes
Information about early crime scenes attended by laboratory staff is limited but there is no doubt that during the troubled year of 1937 the Government Chemist,
Victor Branson, personally investigated one suspicious
fire and a destructive explosion, the former on the
Kowloon Canton Railway and the latter on a launch in
Hong Kong harbour. Both incidents resulted in many
deaths but Branson found no evidence of deliberate acts.
A decade later, Richard Terry, a recently recruited
Assistant Government Chemist, meticulously investigated the scene of the disastrous fire at the Wing On
Godown premises in the western part of Hong Kong
Island that claimed the lives of some 200 people. Interestingly, from a “scene” view point, Terry and the investigating Police officer also visited Macau to examine a
further 80 drums of washed nitrocellulose to determine
whether this was identical to the material that Terry had
determined was the cause of the fire. It is reasonable to
surmise that other, less publicized, scenes would have
been attended even if they were not documented in the
Annual Reports.
As the years passed and the population rose, the need
for chemists to attend crime scenes also increased. One
reason was the growth in population (see Box 13.2)
whilst another was the rise in serious crimes in the
years following the 1967 riots (Jones and Vagg, 2007).
Yet another was a Police General Order (PGO) by the
Royal Hong Kong Police (RHKP) requiring a chemist
from the HKGL (and, by implication, after 1969 from
its newly formed Forensic Science Division) to attend
all suspicious deaths and assist police officers in the
investigation and collection of potentially useful physical
evidence.
Jones and Vagg (2009) suggested that, “The 1970s”
was a pivotal decade both for the criminal justice system and for the governance of Hong Kong generally.
It might be claimed that it was also a pivotal decade
for the progress of forensic science in Hong Kong. Not
only had violent crime escalated as a whole, this increase
included more homicides, many of which occurred outside normal working hours. Moreover, a large number
of these attacks were in remote parts of Kowloon and
the New Territories (NT) where larger settlement blocks
had been built to cater for the increasing population.
During the years 1969 to 1972, three HKGL staff, namely
Ab Nutten, Ron Edgley and Sheilah Hamilton shared this
extra work (see Figure 13.1).
The opening of the Cross Harbour Tunnel in 1972 was
a welcome development since it enabled speedier access
to homicide and other crime scenes in far-flung parts
of the territory without having to rely on vehicular ferries. However, despite being able to reach scenes more
quickly, this remained work performed outside regular “office” hours and in addition to normal laboratory
work. In 1972 the first of several new Scientific Evidence
Officer (SEO) posts was created, and this extra pair of
hands helped reduce the workload. Since the scheme’s
inception, all SEOs have been Cantonese speakers with
many years of previous experience in the HKGL. During 1975 and 1976, chemists and the recently appointed
SEO attended respectively 219 and 253 crime scenes of
various types within and outside normal working hours
(Hamilton, 2013).
The most recent statistics given in the 2012 Annual
Report of the HKGL show that, during this year, HKGL
staff attended 447 crime scenes including 287 general
crime scenes, 6 scenes with bloodstain pattern analysis, 26 fire scenes, 116 traffic accidents or vehicle related
scenes and 12 drug-related scenes. However, it should
be stressed that by 2012 the number of professional staff
in the Forensic Division of the HKGL was many times
that of the mid-1970s.
13.6 “New” dangerous drugs
legislation and consequences
1968 saw the introduction of new legislation that had
major consequences on the workings of the Forensic
Science Division. Thereafter anyone arrested with (i)
more than 0.5 g of heroin or (ii) five packets containing any amount of heroin could be charged with
“Trafficking in a Dangerous Drug” rather than mere
possession. At this time heroin was classified in the Ordinance under the catch-all term “salts of esters of morphine”. One result of this legislation was the need for a
dedicated Narcotics Section comprising one chemist and
five laboratory assistants. Each morning at 9 a.m. (public holidays excepted), police constables delivered sealed
packets of suspected narcotics and returned the next day
at 10 a.m. to collect the analysed, sealed drugs and the
signed Government Chemist’s certificate. If the seizure
Forensic science in Hong Kong
125
Box 13.2 Hong Kong’s population after World War II
Year
Population
Year
Population
Year
Population
1945
1950
1955
500,000 (est.)
2.360 million (est.)
2.500 million (est.)
1965
1970
1975
3.598 million
3.959 million
4.462 million
1985
1990
1995
5.456 million
5.705 million
6.156 million
1960
3.075 million
1980
5.063 million
2000
6.665 million
(and police officer!) came from the NT, a special arrangement existed whereby he came back to the laboratory
at noon the same day to collect the drugs and certificate. This 25-hour (or 3-hour) service only applied to
small routine seizures of suspected narcotic substances,
not large quantities of drugs like opium or paraphernalia
seized from heroin manufacturing cases. Seizures of raw
opium as large as 1–2 tons were not uncommon.
In the 1970s most of these routine seizures consisted
of:
r Raw opium
r Prepared opium
r
r
r
r
Morphine and morphine hydrochloride
Heroin
Heroin pills
Barbitone.
13.7 Training of forensic scientists
Soon after the Forensic Science Division became operational in 1969, a new method of training forensic
chemists was introduced. Experienced laboratory assistants from the HKGL could apply for scholarships to
Figure 13.1 Sheilah Hamilton, Ronald Belcher, Ron Edgeley and Albert “Ab” Nutten
126
Chapter 13
study at a UK university for a BSc (Hons) degree in
Chemistry followed by an MSc degree in Forensic Science at the University of Strathclyde in Glasgow, Scotland. On successful completion of both degrees, these
new graduates were promoted to the grade of “Chemist”
within the Forensic Science Division as posts became
available. Naturally, he had to sign a contract agreeing
to work in the Government Laboratory for a specified
number of years. All candidates of this scheme were
male. With the exception of women medical doctors,
no female graduates within the Hong Kong Government were paid the same as their male counterpartos
until 1975.
13.8 Training in fire investigation
In later years, forensic chemists with prior experience
in fire investigation attended successive annual “Fire
Science and Fire Investigation” courses at the University
of Edinburgh, Scotland, followed by an examination
equivalent to the Institution of Fire Engineers pass in
the same subject.
13.9 Training in blood grouping and
blood typing
When the HKGL separated from its long-time parent in
1978, the Forensic Science Division took over the typing of liquid blood from individuals and bloodstains on
articles from crime scenes. Although analysts/chemists
in the Government Laboratory had examined bloodstains for many decades before World War II, even as
far back as 1884 (Crow, 1885) this changed when a
separate (Police) Forensic Laboratory was established in
1949 under the direction of Dr Pang Teng-cheung, who
was also appointed Hong Kong’s first Police Surgeon on
his return from studying in the United Kingdom (Pang,
1959). For most of the next 30 years, ABO grouping
techniques were applied to blood and/or semen stained
items by staff of Dr Pang’s unit, not personnel from the
HKGL (see separate section).
However, by the 1970s, the importance of forensic
blood typing had been accepted by the international forensic community. A person involved in a crime needed
only to possess one rare blood type and the evidential
value of the results could be significant. Thus, in the runup to the separation of the HKGL from the MH&D, it was
agreed – at the highest level – that blood typing in Hong
Kong should be transferred to what had become the
Forensic Science Division of the HKGL. Its introduction
was challenging for several reasons. Firstly, the number
of systems introduced (ABO, PGM, EAP, Hp, EsD and
Rhesus) was ambitious.
Equally important, the frequency of alleles in a Hong
Kong Chinese population was unknown and had to be
determined before the new system could be applied to
casework samples. The Hong Kong Red Cross was most
helpful. In return, many forensic lab staff became new
blood donors! Relevant assistance was needed! Not long
after this new work began, a secondment was arranged
whereby a forensic scientist from the Metropolitan
Police Forensic Science Laboratory (MPFSL), with considerable experience in serology and blood typing, was
attached to the Hong Kong laboratory for a year.
Additionally, as new graduates were recruited into
the Forensic Science Division, some were specifically
required to have appropriate experience in this new
field.
Not long afterwards, what had become informally
known as the ‘Blood Grouping’ section acquired another
task when the examination of saliva and stains containing seminal material was inherited from the Forensic
Pathology Unit, by this time under the leadership of Dr
Frederick Y.K. Ong. Fortunately this was yet another
area where the expertise of the seconded UK forensic
expert proved to be invaluable.
13.10 Training in blood spatter
interpretation
Following the good relations established with MPFSL
forensic scientists during the late 1970s and early 1980s,
experts from the UK Forensic Science Service (Clarke,
2004) later gave a week long practical “blood spatter
interpretation” course for scene-going staff in the Forensic Science Division of the HKGL. By 1998, when the
course was held, the name of the Metropolitan Police
Laboratory had changed to become part of the Forensic
Science Service or FSS. From the 2012 Annual Report
of the HKGL, it can be seen that similar training courses
continue to be held for officers attending scenes where
blood has been spilt.
Forensic science in Hong Kong
13.11 Introduction of DNA
in Hong Kong
Although considerable success had been achieved with
ABO grouping and blood typing results, by the late 1980s
it was necessary to consider introducing DNA into local
casework. This was done gradually and not until considerable work had been carried out by HKGL forensic scientists to determine the DNA frequencies of Hong Kong
Chinese.
13.12 Hong Kong DNA database
This DNA database was introduced in June 2000 after
the controversial passage of the necessary legislation.
By this, “provisions were made for the setting up and
maintaining by the Government Laboratory, on behalf
of the Commissioner of Police, of a database storing DNA
information of persons convicted of a serious arrestable
offence”.
By the end of 2012, as reported in the Annual Report
of the Government Laboratory the total number in this
DNA database had grown to 42,465.
13.13 The Vietnam War and its impact
on Hong Kong forensic caseload
1. During the 1960s and early 1970s, many service personnel fighting in the Vietnam War came to Hong
Kong as part of a “Rest and Recuperation” programme, more commonly known simply as “R & R”.
The presence of so many young combat troops letting off steam in the bars of Wanchai and Kowloon
brought an unexpected and tragic problem. Some
of these men, mostly Americans, apparently thought
they were buying LSD from illegal sources in Hong
Kong whilst, in fact, they were being sold capsules of
Seconal (Secobarbital). When taken with large quantities of alcohol, the results were not merely additive
but synergistic, and fatalities were not uncommon.
Toxicological examinations of the blood and organs
removed at autopsy confirmed their presence, and
the Government Chemist’s staff repeatedly advised
the American authorities to warn their servicemen
that in Hong Kong LSD did not come in bright red
gelatine capsules.
127
2. Two other unusual forensic cases resulted from the
aftermath of the Vietnam War. One involved the
Panamanian freighter, SKYLUCK (see Figures 13.2
and 13.3), containing 2651Vietnamese “boat people”.
In June 1979, after a standoff of almost five months,
the vessel was beached off the island of Lamma
(opposite Hong Kong). The authorities believed that
the SKYLUCK was identical to a similar freighter
that went by the name KYLU, and had been spotted off the coast of Vietnam. Chemists from the
Forensic Science Division examined samples of paint
that had been sampled from sets of the seven letters comprising the longer name. Cross-sections of
this paint showed that the outer “S—-CK” contained several alternating layers of white and black
paint whilst the central “KYLU” contained fewer. The
explanation was obvious – that the outer three letters had been painted with black or white paint to
change the name of the ship and the suspicions were
justified.
3. Earlier the same year, forensic staff of the Hong Kong
Laboratory examined 3000 taels (1 tael = 37.4 g) of
suspected gold found hidden in a disused oil tank of
the HUEY FONG (see Figures 13.4 and 13.5), another
Panamanian freighter that had been stopped by officers of the Marine Police branch of the RHKP as it
approached Hong Kong with 3300 refugees (2400
ethnic Chinese and 400 Vietnamese). The hidden
gold leaflets were a small part of the total payment
for the boat people’s voyage from Vietnam to Hong
Kong (although the first port of call was meant to be
Kaohsiung in Taiwan).
Forensic staff cleaned the leaflets of the thick sticky
oil embedded in surface crevices, weighed each leaflet
individually and confirmed that every one contained
100% gold and was not base metal coated with gold.
The estimated value of the gold leaflets was HK$6.5m
(Ward, 1999).
13.14 Interaction between forensic
scientists and HK Government
Departments
Since its early days more than a century ago, successive staff of what became known as the HKGL
examined and analysed materials supplied by other
Hong Kong Government Departments, as well as items
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Chapter 13
Figure 13.2 SKYLUCK.
submitted by the general public and semi-official organizations (Clarke, 2004). Despite requests for assistance,
in recent years chemists in the Forensic Science Division
have been unable to undertake any “non-Government”
work due to the high caseload and the priority that is
given to “Government” samples.
Although the Hong Kong Police is probably the Government Department most readily associated with the
Forensic Science Division, others include the following:
r Customs and Excise Department (formerly – Preventive Service)
r Fire Services Department (FSD)
r Immigration Department
r Independent Commission against Corruption (ICAC)
r Correctional Services Department
r Department of Justice (formerly – Legal Department)
r Medical Department (formerly – Medical and Health
Department).
As far back as the mid-1970s, personnel in the Forensic Science Division gave frequent lectures to operational staff of the various departments involved in law
enforcement matters and as well as members of the
Judiciary.
The HKGL operates a 24-hour service offering advice
to Law Enforcement officers (see above list).
Whenever a Police (or other) officer from one the
Disciplined Services wishes to discuss a crime scene or
arrange for it to be attended by a forensically trained
officer, (i) a request is made to the Forensic Science
Division of the HKGL, (ii) the nature of the request
is considered by a qualified officer and (iii) if deemed
appropriate, an SEO (or chemist) will attend the scene to
undertake its examination and arrange for the collection
of potential evidence. If attendance by a professional
from another discipline is also required, the SEO (or
chemist) will often suggest this to the officer making the
original request. Potentially relevant items from scenes
will be identified for collection by the SEO and, where
appropriate (e.g. debris from deceased persons), personally collected by the SEO and handed to the “Exhibits
Officer” who will be responsible for subsequent delivery
of the items to the Forensic Science Division.
Forensic science in Hong Kong
129
Figure 13.3 SKYLUCK.
Finally, a designated Police (or other) officer will
transport items from scenes or individuals to the HKGL
together with a request form containing information
about the items submitted, examinations requested,
details of who delivered the items and the date of submission. Since more than 200 forensic personnel work
in the Government Laboratory, it is not surprising that
expertise is available in most of the usual subfields,
including:
1. DNA of blood, body fluids, hair and body parts;
2. Species identification of the above;
3. Analysis of narcotics, pharmaceuticals and poisons;
4. Toxicological analysis (including urinalysis, drink
driving service, drug driving service and hair drug
testing service;
5. Trace evidence of various kinds (including fibres,
glass, paint, rubber, plastic, pepper);
6. Identification and comparison of marks of different
types (including shoeprints, tyre tracks, prints made
by clothing and surfaces cut by sharp edges);
7. Document examination including handwriting comparison in different scripts;
8. Examination/analysis of debris and other items from
fires and explosions;
9. Various others.
13.15 Forensic subfields undertaken
by the (Royal) Hong Kong Police
The Ordinance establishing and regulating the Hong Kong
Police was passed in 1844, and this name was retained
until 1969 when it became the Royal Hong Kong Police in
recognition of the work done by police officers during
the 1967 riots. When the territory returned to China in
July 1997, the title reverted to the Hong Kong Police.
13.15.1 Fingerprints
As early as 1904, fingerprints were used to identify Hong
Kong’s criminals. All prisoners were fingerprinted before
130
Chapter 13
Figure 13.4 HUEY FONG.
Figure 13.5 HUEY FONG.
Forensic science in Hong Kong
their release from jail and everyone arrested for a criminal offence was also fingerprinted. As the scheme developed, it was found that many alleged “newcomers” to
the system already had prior convictions (Criswell and
Watson, 1982). Interest in fingerprinting grew within
the Hong Kong Police and Mr Ng Bing-wu, a clerk working in CID, produced The Art of Fingerprints in 1919,
the first book of its kind written in Chinese (Sinclair,
1983). Since the Identification Bureau’s birth over a century ago, the examination and comparison of fingerprints has remained exclusively a Police duty although,
in the 1970s, documents thought to contain latent fingerprints were submitted to the Government Laboratory where chemists of the Forensic Science Division
treated the paper with Ninhydrin before returning the
items to the Police. As detection techniques became
more advanced and “chemical” in nature, the Advanced
Technical Unit (ATU) was formed within the main Identification Bureau in 1986 and staffed by Police officers
who were also qualified chemists.
13.15.2 Bullets and guns
Compared to many countries in the region, Hong Kong
is fortunate in having relatively few firearms used during the commission of crimes. When guns are involved,
most examinations to associate the individual weapons
with bullets and cartridge cases are performed by officers
of the Ballistics unit of the Hong Kong Police. However,
if a gun has been handled but not fired during an incident, then the Ferrozine (Ferrotrace) test may be applied,
assuming that the suspect is apprehended soon after the
event. In past years, the Ferrozine method was used by
chemists in the Forensic Science Division as well as Ballistics officers in the (R)HKP.
13.15.3 Gunshot residues (GSRs)
The examination of debris from a variety of surfaces,
including flesh and clothing, for the presence of gunshot residues GSRs) is something that can be done by
a scientist with experience in using a scanning electron
microscope (SEM) or Police officers with similar practical knowledge. In the past the Ballistics section of the
(R)HKP employed an officer with this ability. However,
the use of SEM to detect GSRs appears to have fallen out
of favour with the departure of this officer.
13.15.4 Forensic computing
As computers and similar smaller devices found at
crime scenes or otherwise involved in criminal activities
131
became more prevalent and important, a dedicated
unit within the Hong Kong Police was tasked with
their investigation. This technical capability has grown
considerably with several other disciplined forces, such
as the Immigration, Customs & Excise and Independent
Commission Against Corruption (ICAC) Departments,
developing their own forensic computing units.
13.16 Political aspect of DNA typing
by scientists of the HKGL
The following quotation from the 2012 Annual Report
of the HKGL is included since it describes an unusual use
of DNA testing that is not related to crime but is pivotal
in allowing legal immigration of Chinese persons from
the PRC into the HKSAR:
In close liaison and co-ordination with the Forensic Science Centre of Guangdong Provincial Security Department,
GL accomplished 2,093 cases in connection with the Certificate of Entitlement (CoE) applications that are controlled
under the Immigration (Amendment) Ordinance 2001. …
The GL also assisted Immigration Department in other Right
of Abode applications by providing genetic testing to verify
claimed kinship relation. 74 non-CoE cases have been completed in 2012.
However, similar DNA parentage testing by the HKGL
is not available to the members of the general public and
must be done through a private laboratory.
13.17 Recruitment of forensic
scientists in the HKGL
Like other appointments in the HKSAR Civil Service,
when new entry-grade posts arise in the Forensic
Division of the HKGL, advertisements are placed in local
newspapers. However, it is likely that “cold” requests
are often received. As well as having the necessary
qualifications (usually a Masters and/or PhD degree in
one or more relevant subjects), and preferably previous
forensic or related experience, the applicant must speak
Cantonese and be able to read and write Chinese. Additionally, they must pass the Hong Kong Government
Civil Service examination, proving their knowledge of
the HKSAR “Basic Law”. For these last reasons, it is
difficult for a non-Chinese person to be successful in
their application.
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Chapter 13
13.18 Non-Government or privately
employed forensic scientists in Hong
Kong
From the foregoing, it can be seen that most forensic scientists in Hong Kong have worked in the HKGL
at one time or another. In June 2013, the department
employed 484 people in seven sites, the main laboratory at Homantin, Kowloon, custom-built in 1992, and
six satellite laboratories in different parts of the territory.
Whilst the precise breakdown of staff employed in the
two divisions is not stated in the report, approximately
the same number of personnel used to work in both the
“Forensic Science” and the “Advisory and Analytical
Services” divisions, whilst the administration of the
Department was dealt with by far fewer nonscientific
staff.
For obvious reasons, the Forensic Science Division of
the HKGL is not actively involved in matters relating to
the “defence side” of criminal cases, nor is it permitted
to act in a professional capacity in civil disputes.
This does not mean that no forensic science expertise
is available in Hong Kong for defendants in criminal trials or parties involved in civil disputes, but it certainly
means that there are far fewer experienced forensic professionals available.
Some retired or former HKGL forensic scientists, particularly those with expertise in handwriting and signature comparison, have set up their practices after long
and successful careers in the HKGL. Most of these former civil servants work alone or in small consultancies,
and their existence is usually made known by word-ofmouth, the placement of advertisements in legal publications or by personal websites. Others may give lectures
about their forensic specialty to organizations such as the
Hong Kong Law Society or the Hong Kong Bar Association. Many consultants starting up in private practice
inform both the Legal Aid Department and other legal
personnel about their new venture.
Additionally, a few international firms dealing with
the investigation of fires, explosions and related issues
have branch offices based in Hong Kong.
However, to date there is no register of private forensic
experts based in Hong Kong. Those who are members of
the Academy of Experts (TAE) may list their experience
and qualifications in TAE publications, but the effectiveness of this depends on the “searcher” knowing about
the list. Others who are professional Members or Fellows
of the American Academy of Forensic Sciences (AAFS)
may have their contact details included in the annual
Membership Directory but, since these are distributed to
AAFS members (not outside bodies), it is doubtful how
useful they are in reaching a Hong Kong audience.
Some of the local Hong Kong universities employ
professionals who also undertake forensic consultancy
work – if it is within their areas of expertise. However,
knowing who these people are often depends on
word-of-mouth.
Amongst its members, the Hong Kong Medico-Legal
Society contains a wealth of unofficial information about
forensic experts who have presented lectures on various
topics. However, as useful as this may be on occasion, it
is nevertheless anecdotal.
At least one locally based company claims to be able to
provide the names of contacts in many different forensic
subfields.
13.19 Forensic pathology
It is highly likely that forensic medicine was introduced
to Hong Kong with the establishment of the College of
Medicine in 1877 as it had essentially adopted a curriculum used in Scotland. Nonetheless, very little is known
about how forensic medicine was practised in the early
years of Hong Kong other than that there was a succession of academic appointments at the University of
Hong Kong of individuals who held positions in Medical
Jurisprudence.
It is also clear that autopsies were performed with
increasing regularity after 1850. Interests and numbers
increased with the introduction of the Coroner’s Ordinance (1889) in Hong Kong following the passage of the
Coroner’s Act (1887) in the United Kingdom. The plague
epidemic of 1894 opened the eyes of the local Chinese
population to the advantage of an autopsy in accurately
determining the cause of death. The Hong Kong authorities had decreed that the belongings of all plague victims were to be incinerated. Relatives of victims whose
deaths were proven by autopsy not to be due to plague
were therefore spared such destruction of property.
Much later, in the late 1940s, Dr T.C. Pang was
the first local doctor employed to work full-time as
a police surgeon. On his return to Hong Kong after
studying in the United Kingdom, he gradually built up
a unit of doctors, police officers and technical staff to
Forensic science in Hong Kong
provide coverage for scene of deaths, clinical forensic
examination, forensic autopsies and blood grouping.
However, with the later development of serology and
the forensic sciences, the forensic pathology services
essentially focused on their core competencies in clinical
forensic medicine and forensic pathology. Until the turn
of the new millennium, many young local doctors were
sent to the United Kingdom for relevant training under
world-renowned forensic pathologists.
In later years the influx of refugees fleeing China during the formative years of the People’s Republic of China
exerted a huge strain on the autopsy services because
of the large number of unfortunates drowning in their
attempt to swim to Hong Kong.
Currently the Forensic Pathology Service has approximately 16 full-time forensic doctors and operates
out of three public mortuaries in different parts of the
territory. Each year the Service deals with nearly 10,000
cases and performs close to 4000 autopsies. Forensic
pathologists require a total of six years postgraduate
training and all forensic pathologists first need to have
qualified as medical doctors before they can enter
training in forensic pathology.
13.20 Forensic odontology
At the time of writing there is no unit or department
in forensic odontology and such services are provided
by a few dedicated individuals in private dental practice. One of these pioneers, Dr Carl Leung, obtained his
forensic training in Australia and often assists in cases
where forensic odontology is required.
13.21 Forensic anthropology
There are no trained forensic anthropologists based in
Hong Kong and, when this skill is required, investigations of human skeletal remains are undertaken by
forensic pathologists, who are mainly self-taught in this
discipline.
13.22 Academic forensic expertise
There is a glaring absence of academic forensic practitioners in Hong Kong. The forensic disciplines do not
appear to be well recognized or represented. There is
133
only one full-time associate professor in forensic pathology at the University of Hong Kong. There are several
individuals who are computer scientists and engineers
and these provide specialist consultation services to the
community on an ad hoc basis.
Abbreviations
AAFS
ATU
CoE
DD
FSD
GSR
HKP
HKSAR
ICAC
MHD
MPFSL
NT
PGO
RHKP
SAR
SEM
SEO
TAE
American Academy of Forensic Sciences
Advanced Technical Unit
Certificate of Entitlement
Dangerous Drugs
Fire Services Department
Gunshot residues
Hong Kong Police
Hong Kong Special Administrative Region
Independent Commission Against
Corruption
Medical and Health Department
Metropolitan Police Forensic Science
Laboratory
New Territories
Police General Order
Royal Hong Kong Police
Special Administrative Region
Scanning electron microscope
Scientific Evidence Officer
The Academy of Experts
References
Annual Report of the Government Laboratory, 2012, p. 30
Clarke, D.J. (2004) Hong Kong – Under the Microscope, Government Laboratory, Hong Kong
Crisswell, C., Watson, M. (1982) The Royal Hong Kong Police
(1841–1945), MacMillan, Hong Kong, p. 98.
Crow, W.E. (1885) In Ayers, P. (Ed.) Annual Report of the Hong
Kong Government Analyst and Apothecary.
Hamilton, S.E. (2013) Personal communication.
Jones, C., Vagg, J. (2007) Criminal Justice in Hong Kong, Routledge, London, p. 358.
Pang, T.C. (1959) A Study in Medical Jurisprudence in Hong Kong
(1950–57), University of Hong Kong.
Report of the Commission of Enquiry into the Wing On Fire on 22
September 1948, p. 42.
Sinclair, K. (1983) Asia’s Finest, Unicorn Press, Hong Kong, p.
209.
Ward, I. (1999) Mariners: The Hong Kong Police 1948–1997, IEW
Publications, United Kingdom, pp. 156–160.
C H A P T E R 14
The practice of forensic science in Hungary
Eva Keller1 , Peter Sótonyi2 & Agnes Dósa1
1 Department
2 National
of Forensic and Insurance Medicine, Semmelweis University, Budapest, Hungary
Institute of Forensic Medicine, Budapest, Hungary
Hungary
14.1 Current and historical accounts
of forensic science in Hungary
14.1.1 History within the country
Teaching of forensic sciences has a long tradition in
Hungary, dating back to the end of the 18th century. It
was in 1793 that the first faculty of Forensic Medicine
was established in Budapest (medicina forensis), and
forensic medicine has been a compulsory part of undergraduate training ever since.
There are five types of forensic science institutions: the
National Institute of Forensic Medicine, departments of
forensic medicine of the medical universities, the Network of Forensic Science Institutes (NFSI), the criminal
forensic medical service of the police (including HIFS)
and finally the Board of Forensic Medicine Experts of
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
135
136
Chapter 14
the Health Scientific Council. The history of these institutions is described in details below.
14.2 Types of cases
14.2.1 Postmortem examinations
While there has been a substantial decrease in clinical
autopsy rates in Hungary over the past 20 years, forensic
autopsy rates have been relatively steady: 6500 forensic
autopsies are carried out yearly by the four university
departments and the ten institutes of the Department of
Forensic Science and Research. Forensic autopsies are
performed in accordance with the “Recommendations
No. R(99)3 of the EU Committee of Ministers to Member
States on the Harmonization of Medico-Legal Autopsy
Rules”(http://www.coe.int/t/dg3/healthbioethic/texts
and documents/RecR(99)3.pdf).
Forensic autopsies are carried out in all cases of unnatural death, based upon the decision of the prosecution
or police. If crime is suspected, special forensic autopsy
is performed by two forensic medical experts.
Forensic autopsies are performed within a centralized
system: only university institutes and the institutes of
the Network of Forensic Science Institutes have competence to perform forensic autopsies. This centralized
system was created in 2008.
14.2.2 Clinical forensic medicine
The importance of clinical forensic medicine has been
growing over the past two decades. Clinical forensic
medicine includes traditional areas, such as assessment,
documentation and evaluation of injuries, in criminal
cases and in civil courts and insurance procedures alike
(traffic and insurance medicine). Besides these traditional areas, new territories have emerged recently. For
example, a major area of clinical forensic medical activity is now the assessment of health impairment (in cases
where certain health impairment is a prerequisite of various social security benefits). In Hungary the decisions
brought within the social security system are subject
to court review, and in the court proceedings forensic
experts give an expert opinion regarding the degree of
health impairment. Another important territory is medical malpractice (both criminal and civil); with the growing number of medical malpractice court cases the need
for forensic evaluation has increased substantially. These
cases cannot be decided by the court without forensic
expert opinion; usually this is prepared by a specialist in
forensic medicine and a specialist in the relevant clinical discipline. The latter does not have to be a registered
forensic expert: in most clinical disciplines the relatively
low number of cases does not encourage clinicians to go
through the registration process and to take all the duties
associated with being a forensic expert (training, exams
and fees).
14.2.3 Forensic psychiatry
The need for expert opinions in forensic psychiatry has
been growing over the past two decades, for various
reasons. The increase in the number of forensic psychiatry expert opinions was partly due to the reform
of guardianship legislation introduced in 2001. Since
then, if guardianship is ordered, it has to be reviewed
periodically. The review period should not exceed 5
years. The only exception is if the court declares that
the mental state of the patient is final and there is no
hope for improvement. In these rare cases there is not
periodic review. Before the guardianship law reforms
no periodical review was performed. The other factor
leading to the increased numbers of forensic psychiatry
examinations was the new legislation on drug crimes.
However, the structure does not necessarily reflect its
growing importance; there is no independent chair of
forensic psychiatry at either medical university. Forensic psychiatrists are trained at the forensic institutes of
the four medical universities. Many forensic psychiatry
experts are not affiliated with institutions, but work as
independent forensic experts.
14.2.4 Forensic toxicology
Forensic toxicology laboratories are either part of university institutes, or of HIFS and NFSI. On the one hand
they investigate postmortem toxicology samples, but
they also perform blood alcohol determinations and toxicological investigations on blood samples. This is mainly
needed for cases where driving under influence is an
issue to be decided, and in cases related to illegal drug
possession and consumption. In addition, university toxicology labs are also performing clinical toxicology investigations for the university hospitals or other contracted
hospitals. The toxicology labs are accredited according to
ISO standards.
The practice of forensic science in Hungary
137
14.2.5 Forensic genetics, DNA
investigation
14.3 Structure
Most forensic DNA case work (criminal cases) is done by
HIFS. It was in 1992 when the first DNA expert opinion
was issued by their DNA Department in a murder case.
Since then the lab keeps up with modern developments
in DNA technologies and it has a highly qualified personnel (30 staff members).
The Department takes part annually in five proficiency tests organized by two companies (GEDNAP and
CTS). The laboratory has validated the internationally
accepted methods for the local Hungarian population
and laboratory circumstances. These results are also utilized by several other DNA laboratories in Hungary. The
application of these methods and the long term experience enabled the expert group to take the challenges of
various criminal and genetic issues in accordance with
internationally compatible standards
The main activity of the Department is the DNA expert
reporting for the Police, for the Prosecutor’s Department
and for the court. The reliability of expert reports is supported by permanent national and international training, by introduction of new methods of international
compatibility and by strict documentation. In special
cases the experts of the Department take part in crime
scene investigations as well. To support this activity the
Department has been participating in proficiency tests of
bloodstain pattern analysis since 2003.
The Department maintains and manages the national
criminal DNA profile database. The database is set up
on CODIS software, which is fully compatible with the
international data exchange system of the Prüm Treaty.
NIFS also has a well-equipped DNA lab active in civil
court cases (paternity testing).
There are five types of forensic science institutions: the
National Institute of Forensic Medicine, departments
of forensic medicine of the four medical universities,
the Network of Forensic Science Institutes (NFSI) (in
Hungarian: ISZKI), the criminal forensic medical service
of the police (including HIFS) and finally the Board
of Forensic Medicine Experts of the Health Scientific
Council. Besides these institutions private forensic
experts do a significant part of routine case work.
14.2.6 Forensic materials testing
The HIFS has the only department providing services in
the field of forensic materials testing. The Department
has a highly qualified staff (chemist, geologist and physicist) to investigate a wide range of trace evidences, both
organic and inorganic material residues, excluding those
of human origin. Furthermore, physicist experts answer
the questions in connection to theoretical problems such
as case reconstruction (way of a human body falling).
Chemist experts additionally take part in building up
national databases and spectrum libraries of dyes, fibers,
paints, etc.
14.3.1 National Institute of Forensic
Medicine
The National Institute of Forensic Medicine was established in 1975 by the Minister of Health in agreement with the Ministers of Internal Affairs and National
Defense and the public prosecutor. The Institute is a publicly financed institution, with its headquarters at the
Department of Forensic and Insurance Medicine of the
Semmelweis University. Its most important task is to
elaborate professional guidelines of forensic medicine.
The Institute has issued a total of 21 guidelines, takes
part in research and has been playing an important role
in the modernization of undergraduate and postgraduate training. The Institute collects and publishes data on
forensic medical activities. The Director of the Institute
is appointed by the Minister responsible for health care.
The first director was Endre Somogyi who was followed
by Péter Sótonyi, the holder of the current Chair of the
Institute.
14.3.2 Police forensic Medical Service
and HIFS
The history of the criminal forensic medical service dates
back to the 19th century. Act No. XIV of 1876 created
the post of the “police medical officer” and determined
its tasks: among others, performing forensic autopsies in
forensic cases and evaluating offences leading to death
and suicides.
From 1922 forensic autopsies were assigned to the
physicians of the public health service and this situation
did not change until the end of World War II. After 1945
the reorganization of the police forensic medical service
began. It was established at county level, and from 1963
most forensic autopsies were performed by the experts
of the police forensic Medical Service. The numbers
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Chapter 14
were impressive: the Service performed around 2000
inquests, 7000–8000 autopsies and 30,000–35,000 clinical forensic examinations per year. As of 1 July 1990 the
Service functioned within the Health Department of the
National Police.
This situation changed substantially in 2007, when
Act XLVII came into force. This Act modified Criminal
Procedure and stated that forensic experts employed by
the police are not allowed to perform forensic autopsies. This change of criminal procedure had far reaching consequences: the competence of forensic medical
experts employed by the police was restricted to crime
scene investigations. Therefore the number of forensic
medical experts employed by the police decreased dramatically. The current forensic medical expert staff was
integrated into the Hungarian Institute for Forensic Sciences (HIFS) (in Hungarian: BSZKI), which was established in 1990, and is part of the Hungarian National
Police. Its legal predecessor from 1906 was the Criminal Technical and Registry Subdivision, later from 1961
the Criminal Technical Institute.
The HIFS currently has 269 staff members: physicians, engineers, biologists, chemists, physicists, technicians specialized in various fields of criminal sciences
and assistants. The equipment of the department is outstanding, even by international standards. It is equipped
with instruments for scanning electron microscopy and
microspectrophotometry and modern techniques are
also available for personal identification, technical separation, as well as automated DNA-typing methods.
Significant scientific results have been obtained in the
following fields: blood group and DNA characterization,
research on writing and ballistics, criminalistics utilization of X-ray studies. Both in respect to practical activities and scientific research, emphases are laid on the
physical–chemical examination of microsized material
residues, as well as on the qualitative and quantitative
determination of drugs. In 1989, the Registry Department of the Dactyloscopy Unit, which has an automated fingerprint identification system, was integrated
into HIFS; this provides for the dactyloscopic database
and registry system of Hungary.
HIFS takes part continuously in the international
quality control system, with excellent qualifications. It
has been a member of the European Network of Forensic Science since 2000, working actively together with
the DNA, dactyloscope, drug accreditation work groups
and also carrying out activities in the field of classic
criminology. Within the frame of international collaboration, it works together with Interpol and Europol
on standardization of fingerprint and DNA databases.
The scientific achievements of the department are significant, both regarding publications and participation
at international congresses. The Department is state
financed. Throughout its existence, outstanding scientists of the department have been Dr. Imre Kertész,
Dr. Vilmos Földes and Dr. Zsófia Santura and recently
Dr. Gabor Nagy.
Within the armed forces, the Hungarian Army has its
own department of judicial medical experts, functioning within the Central Army Hospital as the Department
of Military Judicial Medical Experts (founded in 1949).
The department collaborates with the pathology department of the hospital. It carries out high standard judicial medical expert duties occurring within the armed
forces. It is maintained from the budget of the Ministry
of National Defense. The leaders of the department have
always been forensic medicine experts with pathology
qualifications (Dr. Viktor Fáber, Dr. György Dallos and
currently Dr. Miklós Molnár).
14.3.3 Network of Forensic Science
Institutes (NFSI)
The first unit of NFSI was founded in 1964 by the Ministry of Justice, and gradually new units were added (see
Table 14.1). At present it includes 12 institutes, which
are the following:
r NFSI Institute of Auditing, Taxation and Technical
Experts of Budapest, established in 1965
r NFSI Institute of Forensic Medicine of Budapest,
established in 1964
r NFSI National Institute of Toxicology, established in
1872
r NFSI Institute of Debrecen, established in 1976
r NFSI Institute of Gyor, established in 1977
r NFSI Institute of Kaposvar, established in 1992
r NFSI Institute of Kecskemet, established in1985
r NFSI Institute of Miskolc, established in 1972
r NFSI Institute of Szeged, established in1981
r NFSI Institute of Szolnok, established in 1980
r NFSI Institute of Szombathely, established in 2000
r NFSI Institute of Veszprem, established in 1977.
These Institutes have a highly qualified team of forensic experts and they perform routine casework in forensic medicine, psychiatry, psychology, human biology,
The practice of forensic science in Hungary
139
Table 14.1 Institutes of the NFSI showing the number of opinions
Institutes
No. of court
ordered expert
opinions
No. of expert
No. of police opinions ordered No. of expert
ordered expert
by other
opinions based
opinions
authorities
on contract
Sum
NFSI Institute of Auditing, Taxation
and Technical Experts of Budapest
248
30
7
2
287
NFSI Institute of Forensic Medicine
of Budapest
Szekszard Group of NFSI Institute of
4 407
668
197
150
5 422
213
458
8
3
682
28
101
8 124
43
200
44
0
5
8 352
193
1 638
4 417
75
42
6 172
720
1 506
38
73
2 337
3 066
410
2 601
539
34
16
47
5
5 748
970
Institute of Miskolc
NFSI Institute of Kaposvar
NFSI Institute of Szeged
899
125
770
85
14
40
56
29
1 739
279
NFSI Institute of Szolnok
1 092
5 084
68
13
6 257
21
199
10
0
230
881
2 212
18
70
3 181
385
586
5
3
979
657
807
39
22
1 525
40
684
1
0
725
14 931
28 813
814
520
45 078
Forensic Medicine of Budapest
NFSI National Institute of Toxicology
NFSI Institute of Debrecen
NFSI Institute of Gyor
NFSI Institute of Kecskemet
NFSI Institute of Miskolc
Eger Medical Expert Group of NFSI
Bekescsaba Medical Expert Group
of NFSI Institute of Szolnok
NFSI Institute of Veszprem
Szekesfehervar Medical Expert
Group of NFSI Institute of
Veszprem
NFSI Institute of Szombathely
Zalaegerszeg Medical Expert Group
of NFSI Institute of Szombathely
ÖSSZESEN
DNA, personal identification (anthropology) and toxicology, auditing and taxation, and provide technical
expertise for the prosecution, court, police and other
authorities. In 2012 the Institutes gave 45,000 opinions
(including 2725 forensic autopsies).
The NFSI has 268 staff members, including 101 forensic experts and 11 forensic expert trainees.
The NFSI also functions as a major center for applied
forensic research, carrying out national and international research projects.
14.3.4 Institutes of Forensic Medicine
of the Universities
There are four medical universities throughout the
country, each of which has an independent Institute of
Forensic Medicine.
14.3.4.1 Department of Forensic and Insurance
Medicine, Semmelweis University, Budapest
The legal predecessor of the Faculty of Medicine of Semmelweis University was the Medical Faculty of Nagyszombat, established in 1770. At the beginning it only
had five departments. The independent department of
forensic medicine was founded in 1793.
József Jakab Plenk was the first tutor of obstetrics and
surgery at the Nagyszombat Medical Faculty. He published two books on forensic medicine: Elementa Medicinae et Chirurgiae Forensis in 1871 (Plenk, 1871) and Toxicologia seu Doctrina de Venernis et Antidotis on forensic
medical toxicology in 1875 in Vienna (Plenk, 1875).
His books were used in teaching at various European
universities. A new course called state medicine (forensic medicine and medical public administration) was
introduced in 1793. Ferencz Schraud (1793–1802) and
140
Chapter 14
later Ferencz Bene Sen (1802–1816) were the first
lecturers.
Ferencz Schraud published three books on forensic
medicine: Aphorismi de Politia Medica (Schraud, 1795),
De Forensibus Judicum et Medicorum Relationibus.
In Vicem Introductionis ad Medicinam Forensem Disserit (Schraud, 1797) and Elementa Medicinae Forensis
(Schraud, 1802).
However, the very first work on forensic medicine
written by János Jakab Neuhold (1700–1738) under
the title Introduction ad Jurisprudenciam has never been
published. Neuhold was the chief medical officer of
Komárom County and a member of the German
Academy of Natural Sciences.
The Department was led by Sándor K. Ajtai between
1822 and 1915. He had worked previously in Vienna
with Rokitansky and then became the lead of the Pathology Department in the Szent Rókus Hospital. Between
1874 and 1882, he was the director of the Department
of Forensic Medicine in Cluj.
Later Sándor K. Ajtai became the first director of the
Department of Forensic Medicine of the Medical Faculty
in the Royal Hungarian University of Sciences, which
was opened in Budapest on 1 January 1890. He established the units for forensic psychiatry and chemistry
within the department in 1872 and 1892, respectively.
His name is also associated with the planning in 1902,
and then the introduction, of the forensic medicine
examination system in 1904.
Balázs Kenyeres chaired the department between
1915 and 1935. He started his career as a pathologist
under the supervision of Ajtai. In 1895 he was appointed
as the head of the forensic department in Cluj, and
later in Budapest, in 1915. He was a dedicated scholar
and professor, six of his students later qualifying as
university lecturers. He was member of the Hungarian
Academy of Sciences. He played a decisive role in the
expansion of the material proof branch of science. His
contributions are of considerable value even internationally. He founded the scientific journals entitled
Archiv für Kriminologie and Kriminalistische Monatsheft,
and also the “Gesellschaft für Kriminologie” Society. His
book Sachliche Bewewise bei der Klärung von Todesfällen
was published in 1935 (Kenyeres, 1935). He also
published a textbook entitled Forensic Medicine in three
volumes, the first in 1909 (Kenyeres 1909). He became
an honorary member of the Imperial Academy of Halle
in 1930.
Ferenc Orsós followed Balázs Kenyeres as the head
of the department between 1935 and 1944. Previously,
between 1918 and 1935, he was the director of the
Department of Pathology and Forensic Medicine at the
University of Debrecen. He pioneered research on vital
reactions and connective tissue metachromasia. He was
also the chief specialist of personal identification in
Katyni, Poland. In 1944, he settled in Halle.
He was pronounced a war criminal by the people’s
court in 1946 and was therefore deprived of all his
positions, including his academic membership. Despite
pressure from the Soviet Union, the Americans did not
hand him over to the Hungarian authorities. In 1946,
he received an invitation to become tutor of artistic
anatomy in the University of Mainz. He died in Mainz
in 1962 and was buried in the university graveyard.
During the period of 1946–1955 Gyula Incze led the
Forensic Department. He was extensively involved in
studies on the pathology of electrical injuries and the
biological effects of electricity. His study conducted on
diatomes, which can be used in the verification of
water drowning, gained him recognition all over Europe
(Incze, 1942).
During the street battles in 1956, the department
located on Üllői Street sustained serious damages. In
1956–1957 the assigned director of the department was
Dr. László Haranghy, who also acted as the head of the
2nd Department of Pathology in the Semmelweis Medical University. Laszlo Haranghy had training and practical knowledge of forensic medicine.
From 1958 until 1969 Dr. Sándor Ökrös became the
director of the department, invited from Debrecen. He
was a student of Ferenc Orsós, receiving significant
pathology training, and was an illustrious representative of forensic pathology. He spent a long period of time
in Vienna in the Institute of Haberda, becoming friends
for life with Breitenecker. His scientific activities were
prominent and memorably his research on the papillary
pattern was published as a book (Incze, 1965).
In the years between 1969 and 1992 Dr. Endre Somogyi became the director of the Department. He was an
extremely dynamic personality with wide international
relations. He showed particular interest towards the
introduction of new morphological research techniques.
He made significant contributions to our knowledge of
the pathomechanism of fine structural tissue damage
developing on the effect of electricity. He received
recognition on several accounts both nationally and
The practice of forensic science in Hungary
internationally. He achieved 241 publications and 20
books and book-chapters define his scientific work. His
textbook Forensic Medicine had six editions (Somogyi,
1968). He also edited a book entitled “Sudden Cardiac
Death” with Péter Sótonyi, which was published in
1984 (Somogyi and Sótonyi, 1994).
Péter Sótonyi was the head of the department from
1992 until 2003. His basic pathology training determined his professional profile. He established new
laboratories (DNA, scanning electron microscopy and
immunohistochemistry) in the department. From his
scientific work, it is important to mention his studies on
the cytochemistry analysis of the localization of heart
glycosides and the cell model of isolated cardiac muscle. Several universities awarded him as a doctor honoris causa and honorary senator. He conducted a Ph.D.
school program in Semmelweis University. Four editions
of his textbook Forensic Medicine were published and are
still used in teaching (Sótonyi, 2011). His book on the
history of forensic medicine in Hungary was published in
2009 (Sótonyi, 2009). He became a member of the Hungarian Academy of Sciences. He is currently the director
of the National Institute of Forensic Medicine.
Since 2003, the director has been Éva Keller. She
introduced insurance medicine into the repertoire of the
department.
14.3.4.2 Department of Forensic Medicine,
University of Debrecen
University education in Debrecen dates back 400 years.
The University of Debrecen incorporating a medical faculty was opened in 1918. Originally pathology and forensic medicine departments operated as
one unit; then in 1946 it was divided into two independent departments. Ferenc Orsós led both departments between 1919 and 1935. He started his career
at the Department of Pathology at Budapest University. His excellent pathology background enabled him
to direct pathology-based forensic medicine. His conclusions regarding vital reactions are still cited in current literature (Orsós, 1935). Upon invitation from the
Budapest Medical Faculty, in 1935 he became the head
of the Department of Forensic Medicine in Budapest.
Between 1936 and 1944 László Jankovich was director of the Department of Forensic Medicine functioning
within the organizational unit of the Pathology Department. His scientific activities focused on the morphology
of changes occurring in alkali poisoning.
141
Between 1945 and 1957 Sándor Ökrös was the
assigned and then the appointed director of the independent Department of Forensic Medicine. He was one
of the most successful members of the Orsós school.
His research included studies on skull trauma-related
liquor circulation problems, the role of Paccini granules
and the traumatic changes of the pituitary and the pituitary stem. He carried out noteworthy studies on the
traumatic alterations of muscle tissue with polarization
optical analysis, and also on the changes of the protein
components actin and myosin. He started research on
dactyloscopy in Debrecen. He became the head of the
department in 1958, upon invitation.
His student, János Nagy, became director of the
Department from 1957 until 1961 by assignment and
then from 1961 until 1980 by appointment. His scientific research involved the alcohol breakdown and detection, elaborated the error potentials of the Harger technique and modelled a semi-quantitative method for the
determination of alcohol and ether. His name is associated with the Nagy–Zsigmond probe. Between 1980
and 2000 László Buris headed the department. He established widespread international connections with the
United States and Israel. He also established an Eastern–
Central European toxicological reference center in the
department. He was also a member of several international societies and a subcommittee member of the European Council.
The next head of the department was Mihály Varga
from 2000 until 2006. He was a specialist with extensive
knowledge of pathology. Previously he worked as a lead
of the pathology unit in a large district hospital. He was
involved in the research work on alcoholic liver damage
as a team member and later as the lead. Unfortunately,
he died suddenly at an early age.
The present director of the department by assignment
is László Herczeg.
14.3.4.3 Department of Forensic Medicine,
University of Pécs
The medical faculty was established in 1918 in the
Hungarian Royal Elisabeth University of Sciences in
Bratislava. King Karoly IV conferred the title of full
professorship on Béla Entz and appointed him as a
director of the Departments of Pathology and Forensic
Medicine. The medical faculty moved to Budapest after
Trianon and from 1923 it finally settled down in Pécs.
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Chapter 14
The first complete academic year of the medical faculty
in Pécs was during 1924–1925. Béla Entz directed the
two departments until 1948 when the departments were
separated.
Béla Entz was an outstanding student of Antal
Genersich, and he was also a highly qualified pathologist and paleopathologist. He was a member of the Hungarian Academy of Sciences. He was awarded the state
fellowships to the Universities of Dresden and Munich,
conducting scientific research work.
From 1934 Konrád Beöthy became the lead of the
Department of Forensic Medicine.
Konrád Beöthy was also the director of the Department of Forensic Medicine from l948 until 1958.
Between 1927 and 1929 he worked in Vienna in the
department of Haberda, and then together with Entz. He
progressed as a recognized university tutor in 1931 and
became a private tutor in 1932. Between 1945 and1948
he was the professor of forensic medicine in Cluj
and Marosvásárhely. Upon invitation, from 1September 1948 he became director of the independent forensic
department in Pécs. His scientific contributions included
the pathogenesis of silicosis and the rehabilitation of the
injured.
From l958 Lóránt Tamáska became head of the
department until he left for Germany in 1961. He worked as a medical expert in Augsburg, Cologne, Aachen,
Lübeck and Düsseldorf. During the years 1961 and
1962 Gyula Farkas was the assigned lead of the
department.
The next director was Robert Budvári from 1962 until
1976. His scientific interest was blood alcohol research
and serology. He was the director of the National Institute of Medical Experts between 1976 and 1978. During the years 1976 and 1977 Péter Guth chaired the
department.
From 1977 László Harsányi was the director until his
death in 1992. His research focused on forensic osteology, the comparative analysis of skeletal findings as
well as medical expert identification. Together with Vilmos Földes he published a book entitled Medical Expert
Identification (Harsányi and Földes, 1968). He played a
significant role in the identification of the victims of
reprisals following the 1956 events (e.g. Imre Nagy and
Pál Maléter). He was superseded by Árpád Németh in
1992. His research focused on respiratory distress syndrome and hyalin membrane disease. He died at an early
age in 1993.
Then István Bajnoczky was appointed as the head of
the department in 1994. He followed the impeccable
work on “personal identification school of Pécs” founded
by Harsányi. He was involved in the modernization and
improvement of the video-superimposition technique.
Regarding medical expert identification, he developed
the scientific methods of personal identification.
14.3.4.4 Department of Forensic Medicine,
University of Szeged
Following World War I, the József Ferenc University of
Sciences moved from Cluj to Szeged in 1921.
Between 1921 and 1925 Károly Demeter led the
department. Then after Kenyeres moved to Budapest,
he became the director of the Department of Forensic Medicine in Cluj. His research on radiography and
histology awarded him international recognition. His
research on shot wounds is also important from a criminalist perspective.
From 1925 until 1934 László Jankovich was the head
of the department. His comparative pathological and
forensic pathological studies on poisoning related to central nervous system changes were prominent.
Between 1934 and 1945 the well-known pathologist,
József Baló, the founder of the elastase enzyme, directed
the Department of Pathology and Forensic Medicine.
From his forensic pathology research, the mechanism of
fat embolism and the effect of ammonia poisoning on
blood haematogenesis were recognized. In 1945 József
Baló became the head of the Department of Forensic
Medicine in Budapest and later undertook the responsibilities of the leadership of the First Institute of Pathology
and Experimental Cancer Research.
Between 1946 and 1973 Gyula I. Fazekas was the lead
of the independent forensic medicine department. His
scientific studies incorporating endocrinology, free totalhistamine content of embryonic bones and injuries are
well recognized. In accolade of his scientific research, he
was elected a member of numerous international scientific societies and academies. He also contributed in publishing a book entitled Forensic Fetal Osteology co-written
with his colleague Ferenc Kósa in 1978 (Fazekas and
Kósa, 1978).
From 1973 until 1993 Vilmos Földes directed the
department. His scientific research work mainly focused
on criminology. He also published a book entitled Medical Expert Identification with László Harsányi (Harsányi &
and Földes, 1968).
The practice of forensic science in Hungary
From 1994, Tibor Varga, former director of the forensic medicine department in Budapest, became the lead of
the department by invitation. He established the foundations of modern analytical laboratories focusing on toxicology and DNA analysis. His main scientific interest
involved the vital reactions of heart muscle injury, the
clinical and comparative morphological characteristics of
alcohol and drug abuse, and the problems of road traffic
incidents-related medical science. He was also president
of the Board of Forensic Medicine Experts of the Health
Scientific Council and edited a book entitled Health Insurance in 2004 (Varga, 2004).
14.3.5 Board of Forensic Medicine Experts
of the Health Scientific Council
The history of the Board of Forensic Medicine Experts
dates back to the times of the Habsburg Monarchy. Medical experts were regularly heard in court as early as
the 16th century, mainly in cases of homicide, suicide,
infanticide, poisoning and sexual assaults. If the court
heard more than one medical expert and their opinions diverged it was extremely difficult for the court to
decide. Therefore the Constitution Criminalis Theresiana,
which entered into force in 1768, created a special procedure to help the courts solve the cases where the
opinions of the medical experts differed substantially: in
these cases the courts had the option to order the universities to review these cases and to give a so-called priority
opinion, which decided the controversial medical issues.
Later the structure changed and an independent Board
was created for this task, the members of the Board
being the most experienced forensic medical experts
appointed by the Minister of Justice. Originally the opinions of the Board were only signed by the president
and the Board was not obliged to testify in court. This
situation changed in 2005; the opinions of the Board
are delivered by committees consisting of 3–5 members,
each of them sign the opinion and if needed the members of the committee testify in court. The Board delivers
approximately 400 expert opinions per year.
At present, Eva Keller is the president of the Board.
Her predecessors were: Tibor Varga (2001–2011),
György Berentey (1989–2000), Imre Zoltán (1957–
1989) and Frigyes Doleschall (1954–1956).
14.3.6 Private forensic medical experts
Forensic medical experts used to work within a very
centralized structure: they were all affiliated with one of
143
the above-mentioned institutions. This structure started
to change in the 1990s when substantial changes in
legislation made it possible to work as an independent
forensic medical expert. Many experts left the police and
the university institutes and started to work as independent forensic experts. Police and courts are in most cases
free to choose among the registered forensic experts,
and private forensic experts step by step took over a
substantial part of forensic casework, mainly in the field
of clinical forensic medicine. There are some exceptions,
however; for example, autopsies are still done within
the institutions – private experts are excluded. Just
like any other forensic medical expert, private forensic
medical experts have to take part in continuing medical
education (CME); they also have to attend the legal
courses organized by the Ministry of Justice.
14.4 Integration of forensic science
Some forensic medicine experts work within the criminal division of the Hungarian police. Their duties consist
of crime scene investigation, case analysis and legal
presentation, apart from postmortem examinations in
particular during recent years. There is also a significant involvement in clinical forensic science and in
drink-and-drive cases. They have also an active role in
the university education, such as teaching and training
forensic doctors.
There is a continuing teaching and education program
in conjunction with judges, prosecutors and police officers. Semmelweis University is the center of scientific
meetings and continuing medical education in forensic
medicine.
14.5 Training
14.5.1 Undergraduate training
Forensic medicine is a compulsory requirement of
undergraduate training for fifth year medical students.
The curriculum is standardized in the four universities
(Budapest, Szeged, Pécs and Debrecen), consisting of
two academic semesters. Teaching is delivered through
lectures, seminars and visits to the autopsy rooms.
The first semester focuses on health law, the course
covering areas such as medical malpractice, liability of
health care providers, consent to treatment, patient’s
rights and social services. The second semester focuses
144
Chapter 14
on traditional areas of forensic medicine: thanatology,
forensic traumatology (mechanical injuries, electrocution, transportation injuries), sudden and unexpected
death, toxicology, traffic medicine, DNA, forensic histology, forensic anthropology and clinical forensic medicine, etc. In this semester students visit the autopsy room
and participate actively in seminars and lectures.
Forensic odontology is a compulsory requirement of
undergraduate training for fourth year dental medicine
students, and is for a period ofone semester.
All institutes also feature lecturing at the faculty of
law.
14.5.2 Postgraduate training
Specialization in forensic medicine takes 60 months.
The first 12 months are similar to the final year residency program. The following 12 months are spent in
the anatomical pathology department, followed by 3
months in an internal medicine department, 3 months
in a traumatology department and 3 months in a psychiatry department. One month should be spent in an institute for disability evaluation. The remaining time is used
for forensic autopsies and clinical forensic medicine.
The requirement at the end of the curriculum is to
have performed at least 300 autopsies with histology and
to have given expert opinion in at least 200 different
clinical forensic cases.
The board exam consists of two parts, a practical and
an oral exam.
Specialization in forensic psychiatry takes 36 months
for certified psychiatrists who have at least three years of
experience. The training consists of mandatory courses
and practical training.
There is a relatively new specialization called insurance medicine. Training is provided by the forensic
medicine departments of the universities. Physicians
specialized in all clinical disciplines can fulfill the course
requirements and sit for the board exams, which consist
of an oral and a practical exam. The training period is
24 months.
Like every physician, specialists in legal medicine
are required to maintain their knowledge through
continuing education. Compulsory courses organized
or accredited by the universities have to be fulfilled
(attendance and exam) and scientific achievements
and publications are awarded extra credits. Compliance
with continuing education requirements is rigorously
controlled – incompliance results in losing the right to
exercise the profession.
14.6 Funding
Funding of forensic services is diverse and controversial.
University forensic departments are under the surveillance of the Ministry of Education which only finances
their undergraduate and postgraduate training activities. It is very controversial in that the universities
train forensic professionals basically for the legal system and law enforcement. The Ministries of Justice
and Interior Affairs still do not finance the training at
all and this is very disadvantageous for the university
institutes.
The other source of income for the universities is
the fees for autopsies, clinical forensic examinations
and toxicology tests they do for the court, prosecution
and police, and the fees for clinical autopsies. The fees
in most cases (especially in cases of clinical forensic
medicine examinations) do not cover the cost; this is
mainly due to the fact that a special law regulates the
fees for expert evidence nationwide.
The National Institute of Forensic Science is financed
by the Ministry of Human Resources. The NFSI is
financed by the Ministry of Justice.
14.7 Political influences
There is no political influence in forensic practice and
the forensic experts are independent; they cannot be
instructed by anyone regarding their expert opinion.
Before implementing legislation having influence on
forensic medicine, the Division of Forensic Medicine
of the National Medical College has to be consulted
and thus it indirectly influences the content of new
legislation.
14.8 Certification
All forensic experts have to become certified and registered. The process of certification and registration is
done by the Ministry of Justice; the registry of forensic
experts is available online. The registration is open
for specialists in forensic medicine, forensic psychiatry
The practice of forensic science in Hungary
and insurance medicine, and also for specialists in
clinical disciplines. They all have to be members of the
Chamber of Forensic Experts, attend a mandatory legal
course organized by the Ministry of Justice, take the
mandatory legal exam and repeat it periodically. For
those who specialize in a clinical discipline (e.g. surgery,
traumatology, internal medicine), the registration is
very similar, but they also have to attend a special
course organized by the Chamber of Forensic Experts.
Once registered, the experts can give expert opinions
within their competence for court, police and prosecution. However, there are some cases in which it is
mandatory for forensic experts in clinical disciplines to
collaborate with experts of forensic medicine and give a
joint opinion (injuries, medical malpractice, etc.).
14.9 Laboratory accreditation
All DNA and toxicology laboratories of university forensic departments and NFIS take part in national and international accreditation procedures, and gain a license
from GEDNAP, which is successfully renewed every
year. The laboratories are accredited according to the ISO
17025 standard.
14.10 Technology
The academic and forensic network has made major
advances in development, using funds granted by ministries. Universities also have found resources to develop
the laboratories. The NFSI and HIFS have performed significant improvements to the DNA and toxicology laboratories. The postmortem rooms of Semmelweis University have been refurbished and toxicology and histology
laboratories have been modernized recently at different
universities.
14.11 Disaster preparedness
Currently, there is no DVI team in the country, but the
first steps to set up a DVI team have been taken by the
police. According to preliminary plans, a new DVI team
will be established in 2014 under the surveillance of the
HIFS.
145
14.12 Legal issues
Forensic medicine is strictly regulated by law. The Acts
on Criminal, Civil and Administrative Procedure all
have regulations regarding forensic medical opinion and
forensic experts, and the Act 47 of 2005 regulates the
rights and duties of forensic experts.
The forensic medical experts are supervised by the
Ministry of Justice (in professional matters in conjunction with the relevant ministry, which is in the case of
physicians the Ministry of Health).
Membership of the Chamber of Forensic Experts is
compulsory for all medical experts. The Chamber was
founded in 1996.The Chamber adopted a Code of Ethics
and has the right to conduct a disciplinary procedure
if the forensic expert is accused of unethical behavior,
where the most serious punishment is exclusion from
the Chamber (which means that the forensic expert has
to be deleted from the central registry and therefore loses
his right to act as a forensic expert).
14.13 Research
The various institutions of forensic medicine all take
part in various research activities, in national or international cooperation. Among others, research conducted
on drug-related death, addiction, neurobiology of drug
abuse, heroin-related pathologic changes of the brain,
and drink and driving deserve special mention. The NFSI
took part in an international DNA population study
recently.
14.14 Future direction
Forensic medicine faces many challenges nowadays. The
age distribution among forensic pathologists and forensic psychiatrists is a big problem in Hungary; it has
become absolutely necessary to recruit young colleagues
into these professions. However, it would only be possible if our profession was attractive for them – this would
take many steps. First of all the authorities will have
to take responsibility for finding financial means so that
appropriate persons can be recruited into this field. We
are hoping for the recognition of Legal and Forensic
Medicine as a European specialty.
146
Chapter 14
It is important to improve research activities in the
future and is essential first of all for university institutes
to carry out high quality research and strengthen their
positions within the academic world.
Acknowledgments
The authors thank Dr. Gabor Nagy, Dr. Sandor Kosztya,
Dr. Antal Kricskovics and Dr. David Petretei for data provided for the Police Forensic Medical Service and HIFS
section and Dr. Eva Susa for her assistance with the Network of Forensic Science Institutes (NFSI) section.
References
Fazekas, I. G., Kósa, F. (1978) Forensic Fetal Osteology, Akadémiai
Kiadó, Budapest, Hungary.
Harsányi, L., Földes, V. (1968) Orvosszakértői Személyazonosı́tás,
BM Tanulmányi és Kiképzési Csoportfőnökség, Budapest,
Hungary.
Incze, G. (1942) Fremdkörper in Blutkreislauf Ertrunkener. Zentralbl. Allg. Pathol. Anat. 79.
Incze, G. (1965) The Heredity of Papillary Pattern, Akadémiai
Kiadó, Budapest, Hungary.
Kenyeres, B. (1909) Törvényszéki Orvostan I–III, Magyar Orvosi
Könyvkiadó Társulat, Budapest, Hungary.
Kenyeres, B. (1935) Sachliche Bewewise bei der Klärung von
Todesfällen, Walter de Gruyter, Berlin-Leipzig, Germany.
Orsós, F. (1935 Die vitalen Reaktionen und ihr Gerichtsmedizinische Bedeutung. Beitr. Path. Anat. 95.
Plenk, J. J. (1871) Elementa Medicinae et Chirurgiae Forensis,
Vienna, Austria.
Plenk, J. J. (1875) Toxicologia seu Doctrina de Venernis et Antidotis,
Vienna, Austria.
Schraud, F. (1795) Aphorismi de Politia Medica, Pest, Hungary.
Schraud, F. (1797) De Forensibus Judicum et Medicorum Relationibus. In Vicem Introductionis ad Medicinam Forensem Disserit, Pest,
Hungary.
Schraud, F. (1802) Elementa Medicinae Forensic, Pest, Hungary.
Somogyi, E. (1968) Az igazságügyi orvostan alapjai, Medicina,
Budapest, Hungary.
Somogyi, E., Sótonyi, P. (Eds.) (1994) Sudden Cardiac Death,
Semmelweis Kiadó, Budapest, Hungary.
Sótonyi, P. (Ed.) (2009) A Magyar Törvényszéki-Igazságügyi
Orvostan Története, Medicina, Budapest, Hungary.
Sótonyi, P. (2011) Igazságügyi Orvostan (4th ed,), Semmelweis
Kiadó, Budapest, Hungary.
Varga, T. (Ed.) (2004) Egészségbiztosı́tás, Szeged, Hungary.
C H A P T E R 15
Forensic science in India
P.K. Chattopadhyay
Amity Institute of Forensic Science, Noida, India
India
15.1 Introduction
Forensic Science, the application of scientific methods
and techniques for the purposes of justice, is quite
ancient in India. There are several instances where fingerprint patterns, such as Chakra (circular meaning the
whorl), Sankh (Conch meaning the Loops) or reference
to poisons/poisoning, their signs and symptoms, etc.,
have been mentioned in the ancient texts and literature.
As a matter of fact, fingerprints have been in use as signatures on land deeds, etc., and continue to be used even
today by people all over the country (Figure 15.1). However, laboratories for the analysis and identification of
poisons in cases of poisoning were established in the
form of the Chemical Examiner’s Laboratory starting
from Madras (1849) followed by Calcutta (1853), Agra
(1864) and Bombay (1870); Forensic Science Laboratories, as we know them today, came much later with the
establishment of the West Bengal State Forensic Science
Laboratory in Calcutta in 1952. Ayenger (1961), Bami
(1982), Chatterjee (1961), Nanda and Tewari (2000),
Tewari and Ravikumar (1999) and Tewari (1999) have
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
147
148
Chapter 15
72°
68°
76°
80°
88°
84°
92°
96°
86°
States and Union Territories
Map of India
Jammu & Kashmir
Srinagar
National Capital
State Capital
Union Territory Capital
82°
Himachal
Pradesh
Punjab Shimla
Chandigarh
Itanagar
Lucknow
24°
Guwahati
Meghalaya
Patna
JharkhandWest
Ranchi Bengal
Madhya Pradesh
Bhopal
Assam
Shillong
23.5°
Gujarat
Arunachal
Pradesh
Gangtok
Bihar
Gandhinagar
200
300
300 400
Sikkim
Uttar Pradesh
Jaipur
100
200
Uttaranchal
New Delhi
Rajasthan
100
Dehradun
Haryana
28°
Mi
Km
Agartala
Kolkata
Tripura
Nagaland
Kohima
Imphal
Manipur
Aizwal
Mizoram
Chhattisgarh
20°
Diu
Daman & Diu
Dadra & Nagar Haveli
Mumbai
Raipur
Silvasaa
Orissa
Maharashtra
Bhubaneshwar
Hyderabad
16°
Andhra
Pradesh
Panaji
Goa
Karnataka
12°
Chennai
Bangalore
Lakshadweep
Kavarati
Islands
Kerala
8°
Tamil
Nadu
Pondicherry (Puducherry)
Andaman
Port Blair
&
Nicobar
Islands
Thiruvananthapuram
Figure 15.1 Map of India showing the various states. Source: Aotearoa at pl.wikipedia [GFDL (http://www.gnu.org/copyleft/fdl.html)
or CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0/)], via Wikimedia Commons from Wikimedia Commons.
Forensic science in India
149
Table 15.1 Chronological establishment of forensic science laboratories
Name of the State
Location of the Laboratory
Andhra Pradesh
Assam
Hyderabad
Guwahati
1974
1963
Bihar
Chattisgarh
Patna
Raipur
1960
2002
Delhi
Rohini
1994
Gujrat
Haryana
Gandhinagar
Madhuban, Karnal
1974
1970
Himachal Pradesh
Junga
1971
Jammu and Kashmir
Jammu, Srinagar
1963
Karnataka
Kerala
Madhya Pradesh
Bangalore
Trivandrum
Sagar
1968
1961
1964
Maharashtra
Bombay
1967
Manipur
Pangei near Imphal
1989
Meghalaya
Shillong
1987
Mizoram
Aizwal
1998
Nagaland
Orissa
Dimapur
Bhubaneswar
1982
1969
Punjab
Chandigarh
1976
Rajasthan
Tripura
Jaipur
Agartala
1959
–
UP
Uttarakhand
Lucknow
Dehradun
1964
2006
Central Forensic Science Laboratories
Year of establishment
Calcutta
1957
Delhi (CBI)
1968
Chandigarh
Hyderabad
Guwahati
1978
1966
2013
Pune
Bhopal
2013
2013
written on the development of forensic science in India.
The chronological order of the establishment of various
state and central forensic science laboratories is given
below and in Table 15.1:
The Anthropometric Bureau was established in
Calcutta in 1892 for maintaining records of criminals
according to Bertillon’s System.
The Finger Print Bureau, the first of its kind in the
world was set up in June 1897 at Calcutta.
The Government Examiner of Questioned Documents
was set up at Shimla in 1906.
Serologist to the Government of India for examination of blood, semen, etc., was established in Calcutta in
1910.
The Ballistics Laboratory was established under the
police in Calcutta in 1930.
The organizational structure of the Laboratories by
and large is similar and is given in Figure 15.2.
The number of divisions (subjects covered) varies
from one laboratory to another; the divisions that are
mostly there are:
r Ballistics and Explosives Division
r Biology Division/DNA Profiling Unit
r Chemistry Division
r Computer Forensic Division
r Toxicology
r Criminalistics/Instrumental Analysis
r Fingerprint/Footprint Division
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Director
Jt. Director
Ministerial Cadre
Deputy Director/
Principal Scientific Officer
Office Supdt.
Assistant Director/Senior
Scientific Officer Grade I
Crime Assistant
Personal Assistant
Senior Scientific Officer/
Senior Scientific Officer
Grade II
Librarian
Senior Clerk Steno
Senior Scientific
Assistants
Store Keeper
Lower Division Clerk
Scientific Assistants
Driver
Peon
Laboratory Assistants/
Laboratory Attendants
House Keeping/Safai Karamchari
Figure 15.2 The organizational structure of forensic science laboratories.
Forensic science in India
r
r
r
r
r
Forensic Psychology Division/Lie Detection
Document Division
Physics Division
Photo/Scientific Aid Division
Serology Division.
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15.8 Chemistry division
Analysis of petrol/petroleum products and other
inflammable materials in case of arson, qualitative analysis of narcotic and psychotropic substances, alcohol, etc.
15.2 Biology division
15.9 Toxicology division
Identification of blood, semen and other body fluids,
vomit, foecal matter, tissues, hairs and fibres, wood, leaf,
skeletal remains, etc.
Extraction and identification of poisons from viscera, etc.
15.10 Fingerprint/footprint division
15.3 Serology division
Determination of species origin and ABO groups from
blood and other body fluid stains.
Developing, lifting, comparison and identification of fingerprints and footprints/footwear impressions, preparation of cast, etc.
15.4 Physics division
15.11 Forensic psychology/lie
detection division
Examination of paint, glass, metals including metal
coins, comparison of tool or cut marks, deciphering
erased/altered numbers on automobiles, seals, etc.
Verification of statements of suspects, witness and complaints with the help of polygraph, scientific interrogation of suspects, etc.
15.5 Ballistics and explosives division
15.12 Photography division
Examination of firearms, bullets, cartridges, gunshot
residues, traces of explosive materials collected from
crime scene or suspected examination of defused/
exploded devices to determine their operation and
origin.
Photography/videography of scene of crime and crimerelated exhibits/objects, to decipher indented writing
marks, micro- and macrophotography of documents,
etc., preparation of posters, charts, etc.
15.6 Documents division
Comparison and identification of hand writings, erasers,
obliteration, addition, alteration, detection of forgeries,
typewriting/printed matter, inks, paper, charred documents, etc.; secret/disguised writing, relative aging of
documents, etc.
15.7 DNA unit/division
Extraction and profiling for STR types, mt-DNA, etc.,
from blood and body fluids, tissues, bone, etc., for identification.
15.13 Computer forensic
All computer-related cases including hacking, source of
message, etc.
15.14 Discussion
The administrative control of the Laboratories also varies
from state to state as also for the Central Forensic Science
Laboratories. While the Central Forensic Science Laboratory in Delhi is under the control of the Central Bureau
of Investigation, the other Central Forensic Science
Laboratories located in Calcutta, Chandigarh, Delhi,
Hyderabad, Pune, Bhopal and Guwahati are under the
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control of the Directorate of Forensic Science located in
Delhi. While most of the State Laboratories are under
the administrative control of the Police, the others are
controlled by the Department of Home directly.
The Departments of Forensic Medicine that are under
the administrative control of the Ministry of Health and
Family Welfare are primarily concerned with the conduct of autopsy examinations to determine the cause
of death, examine the victim or the assailants (clinical
forensic medicine), type and cause of an injury, etc., and
teaching of courses to undergraduates and postgraduates. Research is of secondary importance and is mostly
case based.
Although most of the Laboratories are equipped with
the latest sophisticated instruments, lack of adequate
qualified manpower, coupled with a resource crunch,
has hampered their progress. The National Human
Rights Commission under the Chairmanship of Mr Justice M.N. Venkatchalia in its annual report of 1998–1999
observed that “…. Criminal cases delayed for a variety of
reasons, are also often further delayed because matters
remain pending in Forensic Science laboratories. This
has added yet another impediment to the dispensation
of Justice. Realising the critical importance of improving the functioning of the Forensic Science Laboratories,
as this is essential to the proper administration of the
criminal justice system, the commission felt it was necessary to look into the problems bedeviling these laboratories with a view to evolving guidelines for their better working….” Although a Core Group was constituted
for the purpose to suggest measures for improving laboratories the position has not changed much. Nevertheless, within the limitations commendable work has been
done in solving many of the cases that are referred to the
laboratories from time to time. Further, most of the state
laboratories have a number of Regional Forensic Science
Laboratories with the districts being covered by Mobile
Forensic Science Laboratories, which are especially useful for crime scene visits including collection, packing
and onward transmission of the exhibits to the nearest
Regional Forensic Science Laboratory or the main laboratory where required facilities for analyzing the particular type of exhibits are available.
Funding of the Central Forensic Science Laboratories
is from the central government while the State Forensic
Science Laboratories are funded by the respective state
governments. It must be added that all the Laboratories
are supported by a central grant under the Modernisation Scheme for equipments, etc.
The tremendous advances made in science and
technology and their application in forensic problems
require that all aspirants who want to make a career in
forensic science must be trained and oriented in various
aspects of forensic science, including instrumental
analysis. In order to fulfill this objective, courses at the
undergraduate and postgraduate level were started in
the universities, with Dr H.S. Gaur University at Sagar,
Madhya Pradesh starting courses on criminology and
forensic science in 1961 followed by Delhi University,
which started a one year postgraduate course in forensic
science in 1968. Subsequently several universities in
India including the Punjabi University, Patiala (numbering about 25), are now offering courses in forensic
science. However, the universities suffer from a serious
resource crunch and the nonavailability of qualified and
committed teachers to train the students. The problem
is further aggravated by the lack of uniformity in the
teaching curriculum. In terms of research activities in
the laboratories the less said the better. While acute
shortage of manpower, the work load, etc., are advanced
as causes for the lack of research activities these are
lame excuses. The main reason is the lack of aptitude
for research, as has been highlighted in the Report by a
Committee formed by the Government of India on Perspective Planning in Forensic Science. This, however, is
not the case in the universities where serious researches
on basic problems related to Forensic Science are being
carried out despite the lack of facilities since regular
publications in peer reviewed journals are a must for
career advancements and promotions in the universities. Some of the important publications on different
aspects of forensic science ranging from identification
of hand and finger from single fingerprints to STR
types are mentioned in various papers (Chattopadhyay,
1972, 1982, 1990; Mukherjee and Chattopadhyay,
1976; Chattopadhyay and Sharma, 1989; Gonmori
et al., 1994; Sharma and Chattopadhyay, 1994; Kaur
et al., 1997; Chattopahyay et al., 2000; Singh et al., 2005;
Yuasa et al., 2006; Chattopadhyay and Chattopadhyay,
2006; Chattopadhyay and Bhatia, 2008).
References
Ayengar, N.K. (1961) Growth and development of forensic science in India. Indian Police Journal (Special Centenary Issue) :
145–151.
Bami, H.L. (1982) Forensic science in India. Journal of Indian
Academy of Forensic Science, Calcutta 21: 71–76.
Forensic science in India
Chatterjee, S.K. (1961) History of fingerprinting in India. Indian
Police Journal (Special Centenary Issue): 152–157.
Chattopadhyay, P.K. (1972) A new method for classifying Palmprint. Journal of Indian Academy of Forensic Science, Calcutta 11:
12–17.
Chattopadhyay, P.K. (1982) Teaching of Forensic Science.
Journal of Indian Academy of Forensic Science, Calcutta 21:
60–64.
Chattopadhyay, P.K. (1990) ABO blood groups from hairs, in
Proceedings of the International Symposium on Advances in Legal
Medicine, Kanazawa, Japan, pp.111–114.
Chattopadhyay, P.K., Bhatia, S. (2008) Morphological examination of the ear: a study of an Indian population, paper presented at the Seventh International Symposium on Legal Medicine,
Osaka, Japan, April 2009, pp. 192–193.
Chattopadhyay, Prasun, Kr., Chattopadhyay, P.K. (2006) Identification of individuals from teeth. Indian Journal of Physical
Anthropology and Human Genetics 25 (2): 221–226. Published
in 2007.
Chattopadhyay, P.K., Sharma A.K. (1989) Teeth as aid to personal identification: a study for species origin and ABO blood
groups. Journal of Indian Academy of Forensic Science, Calcutta 28:
25–30.
Chattopahyay, P.K., Cleef, S., Duelmer, M., Henke, L., Henke, J.
(2000) Human autosomal short tendem repeats types in Jatt
Sikhs from North India. Forensic Science International, Elsevier,
Ireland 113: 29–32.
153
Gonmori, K., Yoshioka, N., Chattopadhyay, P.K. (1994) Identification of human semen stains by thin layer chromatoghaphy.
Acta Crim. Japon., Japan 60: 149–154.
Kaur, H., Chattopadhyay, P.K., Mishra, G.J. (1997) Chlorinated
insecticides in human blood and milk. Journal of Forensic
Medicine and Toxicology, New Delhi 14: 13.
Mukherjee, J.B., Chattopadhyay, P.K. (1976) Blood groups
from teeth. Medicine Science and Law, London 16: 232–234.
Nanda, B.B., Tewari, R.K. (2000) Development of Forensic Science Services at the State level. Indian Police Journal 66: 109–
119.
Sharma, A.K., Chattopadhyay, P.K. (1994) Blood groups and
enzyme types from teeth. Journal of the Forensic Science Society
UK.
Singh, I., Chattopadhyay, P.K., Garg, R.K. (2005) Determination of the hand from single digit fingerprint: a study of
whorls. Forensic Science International 152: 205–208.
Tewari, R.K. (1999) Application of forensic science in criminal justice administration in the developing countries. Indian
Police Journal 66: 78–83.
Tewari, R.K., Ravikumar, K.V. (1999) Journal of Indian Academy
of Forensic Science 38: 17–32.
Yuasa, I., Umetsu, K., Harihara, S., Kido, A., Miyoshi, A.,
Saitou, N., Dashnyam, B., Jib, F., Lucotte, G., Chattopadhaya,
P.K., Henke, L., Henke, J. (2006) Distribution of F37 allele
of SLC45A2 (MATP) gene and founder haplotype analysis.
Annals of Human Genetics, London 69: 1–10.
C H A P T E R 16
Forensic sciences in Italy
Cristina Cattaneo1 , Antonio Grande2 & Luigi Ripani3
1 Sezione di Medicina Legale, LABANOF (Laboratorio di Antropologia e Odontologia Forense), Dipartimento di Scienze Biomediche per la Salute,
Università degli Studi di Milano, Milan, Italy
2 Servizio di Polizia Scientifica, Polizia di Stato, Rome, Italy
3 RaCis, Servizio Investigazioni Scientifiche Arma dei Carabinieri, Rome, Italy
Italy
16.1 Introduction
It is extremely difficult to clearly delineate how forensic sciences are structured and organized in Italy. Italy
is a country that is renowned for being disorganized
but certainly full of resources, though the ways such
resources can be applied may be complicated. In a
country where in 2010, for example, the number of
total crimes recorded by all police forces amounted to
2,621,019, cases of voluntary homicides amounted to
567 and robberies to 47,996 (Clarke, 2013), forensic
science has an obvious role and is of paramount importance. Qualified personnel exist across the country,
but at times efficiency is not maximized because of
lack of communication and inadequate awareness of
judges concerning the multifaceted nature of a forensic
investigation. Forensic activity can be performed by
different agencies – the Polizia Scientifica (the forensic
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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team of police forces, which is represented both within
the Polizia di Stato (Ministry of Internal Affairs) and
the Carabinieri (Ministry of Defense)), universities and
even private institutions or individuals. Training of
single experts can be at various levels; more traditional
disciplines, such as DNA analysis and pathology, provide
greater guarantees as concerns the quality of the investigation as opposed to relatively newer fields (botany
and anthropology, for example) for which there is still
little regulation and training.
In order to be able to fully understand the ins and outs
of forensic sciences in Italy it is necessary first of all to
concisely explain the judicial system and how and when
it uses forensic sciences and scientists.
16.2 How forensic sciences enter
the judicial scenario
In Italy the judicial initiative is taken by the prosecutor (“Pubblico Ministero”, public minister or PM). Criminal investigation actually begins with a “notizia di reato”,
literally “information on a crime”, i.e. the presence of
sufficient data to officially open a case or to verify if a
crime has been committed and if it can be attributed to a
specific subject. This activity is performed by the PM and
the judicial police (JP) which usually work by proxy. The
term JP refers to officials and agents coming from police
corps (in Italy, for example, the Polizia di Stato and
Carabinieri) but also from other public administrations,
recruited specifically by the PM for criminal investigations. The notizia di reato can come from several sources:
judicial police, police corps, privates, doctors, etc. If a private citizen witnesses a crime he or she is under no obligation to report it to the PM. However, some professions
such as that of teachers and physicians are in fact under
the obligation to notify the PM if they have encountered
a situation that may represent a serious crime. In these
diverse manners a “notizia di reato” is created. Once the
PM receives such a report he must immediately, with no
delay, transcribe it to a specific registry at the Procura
della Repubblica (i.e. the Public Prosecutor’s Office) of
the Tribunale Ordinario (Ordinary Court) (article 335,
Codice Procedura Penale, i.e. Criminal Procedure Code).
From this moment onwards the PM is the dominus of the
enquiry and will commission all necessary investigations
(Gentilomo, Travaini and D’Auria, 2009).
The forensic scientist may come into action during
these very preliminary steps, that is during the acquisition of the notizia di reato, but in a more marginal manner. An example could be a death scene investigation.
The analysis of something as preliminary as a death
scene is included within the activities described by article 354 of the Codice di Procedura Penale which “urges
verification of environments, things and persons…” and
states what the judicial police must do concerning documentation and preservation of the environment and evidence when further delay would be critical since it could
lead to modifications. This article declares that “the officials and agents of the judicial police take care that traces and
things referring to the crime are preserved and that the condition of the scene does not change before the prosecutor is involved
and appointed. If there is the risk that the things, traces and
places previously indicated can change or be modified and the
prosecutor cannot immediately intervene or has not taken lead
of the investigation yet, the judicial police perform all the necessary evaluations and surveys ….”
In these scenarios the Polizia Scientifica intervenes
together with its forensic experts as auxiliaries of the
JP. However, other forensic scientists from other institutions (universities for example) can be called. This is
frequently the case for the forensic pathologist since the
Polizia Scientifica does not have forensic pathologists
within their teams (with the exception of the Polizia Scientifica of the Polizia di Stato in Rome). This forensic
scientist is usually involved in the investigation of the
crime scene, together with police officers and personnel
of the police scientific divisions. The forensic pathologist in such cases is usually considered an auxiliary of
the judicial police (article 348 of the Codice di Procedura Penale), who aids police personnel in the “evaluation and survey” of places and things where they
require “specific technical competence”. In detail, article
348 states that “after communication of the potential crime,
the judicial police…collect any evidence useful for the reconstruction of the event and the identification of the culprit, they
search for evidence related to the crime and guarantee preservation of the scene…after the prosecutor is contacted, the judicial police…follow the orders of the prosecutor and may proceed on their own all the investigations needed to ascertain the
crime….. When the judicial police have to perform activities
which require specific technical competence, they can call adequate personnel, who cannot refuse”.
Legislation of the crime scene investigation does not
request that the defence be informed, since in this early
Forensic sciences in Italy
phase the prosecutor and the judicial police are not yet
“a part” of the judicial activities.
In conclusion, the first moment where forensic sciences come into a criminal case scenario is in a very preliminary phase with less guarantees for other parties; in
this instance the PM who can definitely count on the
availability of forensic experts within the teams of the
Polizia Scientifica may not be able to take advantage of
the presence of other types of experts who are not within
these teams (e.g. pathologists, odontologists, entomologists) because they are not part of the police forces and
thus may not be involved or called at all in this delicate phase. This is a (perhaps inevitable) flaw in the system. It may happen that a pathologist will not even be
called to a crime scene, or that appropriate entomological evidence will not be collected. Finally, regardless of
who is called and present at the scene, these scientists are
usually nominated as auxiliaries and not consultants, for
the above-mentioned procedural purposes, with therefore much less responsibility.
An interesting and frequent example of the lack of
appropriate personnel at the crime scene is in cases of
buried bodies or human remains. Most forensic investigators are aware of the fact that archaeology is the
only discipline that can guide an appropriate excavation and retrieval of the body, without creating postmortem lesions. Nonetheless police forces do not have
archaeological personnel and frequently such remains
are poorly excavated with bulldozers, picks and shovels, creating complete dispersal and loss of crucial information concerning the manner of deposition, trauma,
identification, time since death. More and more proper
acculturation of magistrates and especially of police
forces is reducing this kind of gross error and forensic
archaeologists are becoming involved.
Going back to the magistrate’s action, one must stress
that activity of the PM has as its scope that of verifying whether the elements coming from the investigation, collected directly or through the activity of the
judicial police, are appropriate for sustaining the accusations and therefore transforming the person on whom
he or she is making enquiries into the accused (or defendant). The PM, however, must also collect evidence in
favour of the investigated party since art. 97 of our
constitution requires PMs to work impartially. At this
moment of the judicial activity the PM may need an
expertise, which is technically called “consulenza tecnica” (CT). Here is where forensic scientists, again, may
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come in, this time with a more specific and perhaps
responsible role – when they are appointed as the consultant. The CT is described by articles 359 and 360 of
the Codice di Procedura Penale (which they must be
aware of because of the consequences described below).
If what needs to be performed (e.g. a DNA analysis) is
considered to be repeatable (i.e. there is enough material
to perform the expertise more than once), the PM does
not need to inform the other parties involved, namely
the defense and the injured party. If, on the contrary,
the analyses concern persons, things or places that will
change following these tests, the PM has to inform the
defendant and the injured party of such tests and these
parties can, and usually, appoint their own consultants,
who can be present at all technical activities the PM’s
consultant will perform (during which they can also
make suggestions and requests).
The role of the consultant is described by article 359
of the Codice di Procedura Penale, which states that
“the prosecutor, when he asks for descriptive and photographic
evaluations and surveys or other technical operations which
require specific competence, can call consultants which cannot
refuse. The consultant is allowed to attend to every act of the
investigation”. The consultant therefore can be anyone
the PM decides is adequate for the task. He or she can
come from a university, represent a private institution
or belong to Polizia di Stato and Carabinieri, especially
for what concerns genetics, criminalistics and analysis of
digital images. After his or her investigations, if the PM
thinks the information and data point towards a criminal responsibility, he will ask for a “rinvio a Giudizio”, in
other words he will ask for there to be a trial. In this case
there will usually be a preliminary hearing in front of
the Giudice per l’Indagine Preliminare (GIP) or preliminary investigation judge. This judge, if not satisfied with
the expertise requested by the PM, can ask for further
tests. This is another scenario in which forensic scientists
can be requested to be consultants, for all parties – only
that the forensic scientist for the GIP will be called perito
(expert) and not consultant (consulente) anymore. The
GIP can then establish whether to send the defendant to
trial or to acquit him or her. If he decides the defendant
goes to trial, then the defendant can decide in which way
to go to trial: by a patteggiamento, where there is an agreement between prosecution and defendant on the sentence (maximum 5 years) or by a rito abbreviato, which
is a request for an immediate sentence, without going
through a real trial and hearings and therefore without
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the acquisition of evidence – in this case the eventual
sentence will be reduced by a third.
If a trial occurs, this is where all evidence will be
taken on by all parties in front of a court, that is a
judge (a third, impartial party). The Court can be Monocratic (one judge), Collegial (three judges) or d’Assise (a
Crown or Supreme Court with two judges and six layman judges), depending mainly on the type and modality of the crime. All consultants from all parties (i.e.
forensic scientists) involved in the previous phases of
the case will/can be heard in court and questioned by
the prosecution, the damaged party, the defense and the
court. The judge can then request further evidence and
appoint his own expert (perito). If so the other parties
will/can appoint more experts.
The appointment of a perito is stated by article 221 of
the Codice di Procedura Penale, which establishes that
“the judge can call his expert by choice on specific boards or
among persons with a particular competence in that specific
discipline….The judge can call more persons if the investigations and evaluations are of special complexity or they require
different areas of competence in different disciplines”. This is
valid also for the scientific departments of police forces
(Polizia and Carabinieri) who are involved in investigations especially for what concerns genetics, criminalistics
and analysis of digital images. The trial will then end in
an acquittal or in a guilt sentence. As one can see, therefore, if we use genetics as an example, a single case can
involve as many as nine DNA experts (one (at least) for
each party, namely the PM, the defense and the damaged party in the preliminary phases, if necessary again
before the GIP, and finally during the trial).
Final judgment in the first degree can be contested.
Both the defense and the prosecution can appeal; an
Appeal trial has a further, although exceptional, possibility of appointing new forensic experts. After an Appeal
there can be a Cassation trial, with a similar procedure to
the Appeal but the object is limited to the logical criteria
of the written motivations and in checking for formal or
procedural errors.
Through all these steps, the consultant or the expert
can be virtually anyone, at times regardless of qualifications and experience. Here lies a common but important
problem. As one can see from the criminal codes, the
forensic expert is usually called upon by the prosecutor
or the judge who base their choice on their personal
opinion in the end: in other words, a board or list of
experts in the forensic field does not exist, or rather it
exists in all courts but is of no practical relevance and
significance. One has also to consider that certification
in Italy is not mandatory at the moment for most
forensic expertises and has and is being acquired within
a limited number of fields (such as genetics and toxicology). In court rarely do questions such as qualification
come up – this, however, is bound to change in the near
future. At the moment, this may lead to the choice of
personnel without specific knowledge or experience in
the forensic field.
16.3 Evaluation of goodness
of evidence
For what concerns the criteria and rules by which the
validity of evidence is evaluated, Italian academia has
a long and philosophical history. The most relevant
rule concerns the “contrafactual judgment” (“giudizio
controfattuale”), which provides an indication for the
reconstruction of causal links: the contrafactual judgement is defined by article 40 of the Italian Codice Penale
(Criminal Code), according to which “nobody can be punished for a crime if the damaging or dangerous event upon
which the existence of the crime depends is not a consequence
of his action or omission. Not preventing an event which one
is obliged to prevent is the same as producing it”. This means
that in judicial cases the point of view of the judge consists of mentally eliminating the possible causes in order
to verify if the event would actually have occurred.
For what concerns the admissibility of scientific results
in the trial, for the Italian judicial system the judge himself states the admission of the evidence based on his
conviction. From this point of view, in Italy the judge
is considered “expert of experts” (peritus peritorum) as
he decides on admissibility of the results provided by
the experts, and whether they provide scientific information. This may lead, although rarely, to decisions that
are discordant from the results provided by the expert
witness, if other sources of evidence provide a different
opinion or the conclusions given by the consultant do
not convince the judge.
There is in Italy a long history of medicolegal “criteriologia” (the discipline dealing with criteria by which to
justify causal links), which is unfortunately more popular in the medicolegal environment than among other
forensic scientists. It started with the evaluation of the
causal link by Cazzaniga (1938) who identified specific
Forensic sciences in Italy
criteria by which to establish if an event can be considered as the cause of another one, namely criteria based
on topography, chronology and whether the entity
of the event was important enough. More modern
theoretical models have been proposed, such as those
referring to statistical laws of modern jurisprudence.
In other words, the expert should always seek laws
that will prove, for example, that a certain conduct will
always lead to that specific event according to statistical
probability. Concerning statistics, Italian jurisprudence intervened in 2002 with the so-called “sentenza
Franzese” (Cassazione Penale, SS UU sentenza 11.09.02
n◦ 30328) concerning a case of medical malpractice. It
established how statistical laws are not per se prohibited
but that they should have a controllable degree of
certainty and be checked for repeatability through
empirical testing. Also they must resist epistemological
trials of falsification. This has actually led to a relatively
new article of our Codice di Procedura Penale, article
533, which establishes that the defendant cannot be
condemned unless there is evidence beyond reasonable
doubt. These applications of logic and epistemology
in fact represent an innovative approach, which was
already somewhat anticipated with the Daubert and
Kumho rulings (Grivas and Komar, 2008). All this
may truly resemble philosophy more than forensic
sciences; however, the rules of logic, which are equally
well expressed in a more practical and less redundant
manner in the Daubert and Kumho rulings, are of
paramount importance. All forensic scientists should
work by these criteria. They are traditionally, or should
be, part of the forensic culture of the forensic scientist
but are beginning to be seriously considered only now
within other forensic disciplines that are encompassing
this way of thinking in presenting evidence.
A last interesting comment, in this statistical perspective, should be made concerning the excessive and
quasi-paradoxical use of quantifying error. Geneticists
especially have virtually spoiled judges by always providing them with an apparently precise quantification of
the error of their methods, which can automatically be
translated into a quantification of the risk a judge is taking. This has led in our country to excessive and impossible demands for quantification for all disciplines. It may
happen that a judge will ask an odontologist, who has
just identified a victim by several reliable dental traits,
what the chances are of another person sharing the exact
same dental asset. Though statistics and methodology
159
have an important role in presenting evidence, forensic
scientists in Italy are aware of the fact that not all can be
quantifiable and that other ways of sustaining evidence
can be sought (Grivas and Komar, 2008).
16.4 Who are the forensic scientists?
Forensic science expertise may be delegated generally to
one of four entities: Polizia, Carabinieri, universities and
privates. The different professional figures will be treated
in detail in the following sections.
16.4.1 Polizia Scientifica of the Polizia di
Stato (Ministry of Internal Affairs)
16.4.1.1 Background and history
The scientific section of the Police was born in 1902
when in Rome the first course of forensic sciences for
the Police was held by Professor Salvatore Ottolenghi.
On October 25th 1903, the Minister Zanardelli (State
Secretary for Interior Affairs), established the first
course in forensic sciences for the Scientifica. The
course was finally made official by the King’s Decree of
December 7th 1919.
The Scientific Section of the Police (Polizia Scientifica)
is included within the Anti-Crime Central Direction of
the Police, and is structured as follows:
i. First Division comprises:
1st Section of judicial authority and personnel
2nd Section for coordination and management of
resources
3rd Section for International relations, projects,
training and teaching
4th Section for computerized analysis and support
ii. Second Division comprises:
1st Section of preventive identification
2nd Section of judicial identity
3rd Section of graphic analyses
4th Section AFIS (Automated Fingerprint Identification System)
5th Section for the analysis of latent fingerprints
iii. Third Division comprises:
1st Section Unit for the Analysis of Violent
Crime (UACV) and operational technical
support
2nd Section for forensic genetics
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3rd Section for legal medicine, psychology applied to criminalistics
iv. Fourth Division comprises:
1st Section of analyses of drugs
2nd Section for analyses of explosives, inflammable substances, soil
3rd Section for questioned documents, inks, paints,
inorganic analyses and fibers
4th Section for electronics
5th Section for ballistic and gunshot residues
On the entire national territory the Polizia Scientifica is organized into six inter-regional centres (Torino,
Milano, Padova, Roma, Napoli, Bari) and eight regional
centres (Genova, Bologna, Firenze, Ancona, Cagliari,
Reggio Calabria, Palermo, Catania), which depend
directly on the General Service of the Polizia Scientifica,
and 89 provincial centres (c/o Questure), 198 places
for photoidentification and documentation (c/o Commissariati di P.S.) and 18 photoidentification places (c/o
Uffici Polizia di Frontiera).
16.4.1.2 Types of cases and case load
The Polizia Scientifica operates at a central level in
the organization of training, coordinating and leading
technical scientific investigations for all activities of the
Police on the national territory of the judicial authority and of other investigation forces. In the Servizio di
Polizia Scientifica there are, among others, AFIS and
IBIS databases, as well as specialized groups and units
for DVI (Disaster Victim Identification), Experts in Trace
Research (ERT), the group for fingerprint identification
(GID), Unit for the Analysis of Violent Crime (UACV)
and Unit for Cold Cases (UDI), in cooperation with the
Central Operational Service. At the Servizio di Polizia
Scientifica and at the interregional centres of Naples
and the regional centre of Palermo there are genetic
laboratories for identification by comparison of DNA
profiles.
The Scientific Section of Police performs tests in the
fields of:
r -Fingerprint recording
r -Investigation of the crime scene
r -Fingerprint comparison
r -Sketching for identikits
r -Genetic analyses
r -Enhancement of latent fingerprints
r -Graphic analyses
r -Ballistic analyses
r -Analysis of abraded serial numbers in cars and
weapons
r -Questioned documents
r -Qualitative and quantitative analysis of drugs
r -Video-photographic documentation of the investigative services and of public order.
The Scientific Service of the Police every year perform 15,000 investigations of crime scenes (both for suspicious deaths and robberies) and several thousands of
interventions for public order (sports and public meetings, etc.); new cases entered in the AFIS system are
over 13.5 million. The genetic laboratories every year
perform thousands of analyses. Recently the Polizia Scientifica has operated within the DVI mission (with the
DVI-Polizia which counts over 100 components) in the
naval disaster of Costa Concordia and in the naval disaster
of Lampedusa (more than 400 corpses).
16.4.1.3 Recruitment and training
Recruitment occurs by selection of personnel already in
service at the Police, who wish to attend training courses
organized by the Polizia Scientifica. Recruitment of high
ranking personnel of the Police and of physicians and
scientific technical staff on the other hand occurs directly
through advertisement of the post, selection by CV and
interview.
Training of personnel of the Polizia Scientifica involves an initial course in photo-identification (fotosegnalatore) and fingerprinting, after which they can
perform institutional tasks linked to the investigation of
the crime scene, with fingerprinting and video-photodocumentation (e.g. events involving public order).
Every year refresher courses and updates are given.
Further courses and updates are offered to specialized
groups and units and to lab personnel.
16.4.1.4 Funding and certification
Funding is provided according to availability of the Ministry of Internal Affairs and eventually from EU funds.
The Polizia Scientifica is UNI EN ISO 9001 certified, and
the laboratory of forensic genetics, drugs and gunshot
residues is ISO/IEC 117025 accredited.
Forensic sciences in Italy
16.4.2 The Raggruppamento Carabinieri
Investigazioni Scientifiche (RaCIS), of the
Carabinieri Corps (Ministry of Defence)
The RaCIS, the forensic science Institute of the Carabinieri Corps, is the structure in charge of the technicalscientific investigations of the Arma dei Carabinieri for
the judicial authority as well as for the police forces.
The RaCIS, located in Rome, is the headquarters of a
complex structure articulated in several departments:
four “Reparti Investigazioni Scientifiche (RIS)”, scientific investigation departments located in Rome, Parma,
Messina and Cagliari with operational competence over
the main criminalistics fields (fingerprints, forensic biology, forensic chemistry, etc.) and other departments,
all located in Rome, which are the “Reparto Tecnologie Informatiche” dealing with all the ICT investigations,
the “Reparto Dattiloscopia Preventiva” dealing with the
preventive fingerprint database and the “Reparto Analisi Criminologiche” involved in criminological analyses. The RaCIS also has further units operating on the
Italian territory within the Operational Sections of the
Provincial Headquarters, functionally linked with their
respective RIS units, named “Sezioni Investigazioni Scientifiche” (SIS). The personnel employed in the SIS is
specifically skilled in evidence collection at the crime
scene and drug analyses.
16.4.2.1 The history of the RaCIS
On December 15th 1955, at the School for Officers in
Rome, the “Gabinetto Centrale di Documentazione e
di Investigazioni Tecnico-Scientifiche” was created, and
on December 1st 1965 it took the name of “Centro
Carabinieri Investigazioni Scientifiche” (CCIS). Subsequently, with the increasing role of technical-scientific
analysis in the Italian legislation, both structure and
operational activities of the CIS were further revised
and implemented with the institution of the peripheral
departments located in Parma, Messina and Cagliariup
until 1999 when the CIS took on its present name
(RaCIS) and organization with the four Reparti Investigazioni Scientifiche (RIS) of Roma, Parma, Messina and
Cagliari. The RaCIS was also implemented by the creation of the Reparto Analisi Criminologiche since 2004,
of the Reparto Dattiloscopia Preventiva since September
1st 2005 and of the Reparto Tecnologie Informatiche
since November 1st 2006.
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16.4.2.2 RaCIS international affiliations,
cooperations and relationships
The RaCIS in the international scenario is, as a founding member, a part of ENFSI (European Network of
the Institutes of Forensic Sciences), an organization
that includes 63 institutes of forensic sciences from 34
European Countries. RaCIS participates, with its expert
personnel, in different fields of forensic sciences, in
the activities organized by Interpol (OICP) (such as the
“AFIS Expert Group”, “International DNA Users’ Conference for Investigative Officers”, “International Forensic Science Symposium”, “Disaster Victim Identification”
and “International Firearm Forensics Symposium”) and
Europol (e.g. participation to EEODN – Europol EOD
Network for neutralization of explosives).
16.4.2.3 Organization and activities of RaCIS
RaCIS, by its forensic departments, cover the main fields
of criminalistics and criminology. The operational activity of each department is reported below:
The four Reparti Investigazioni Scientifiche (RIS)
of Roma, Parma, Messina and Cagliari perform
technical investigations in the different fields of
criminalistics when requested by the Carabinieri
Commands spread over the Italian territory and/or
judicial authorities or other police forces according
to the following criteria:
The RIS department in Parma performs technical
analyses for Northern Italy.
The RIS department in Rome performs technical
analyses in Central and Southern Italy (but for
the regions of Calabria, Sicily and Sardinia).
The RIS department in Messina performs technical
analyses for Calabria and Sicily.
The RIS department in Cagliari performs technical
analyses in Sardinia.
When the crimes are complex, RIS ensure
through adequate personnel from the Operational Intervention Section (SIO) the necessary
analyses and technical investigations on the scene
of crime for integrating and supporting the activities performed by the SIS/Section of Technical
Analyses.
RIS are articulated in different sections for
each field of criminalistics: “Ballistics”, “Biology”, “Chemistry, Explosives and Inflammable
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Substances”, “Fingerprints”, “Voice Analysis”,
“Digital and Image Sciences” and “Graphics”.
In the above-mentioned forensic areas, the RaCIS
case load is quite relevant, especially considering
the capillary distribution of the Carabinieri Command on the territory with a mean number of
caseworks exceeding 20,000 per year.
Reparto Tecnologie Informatiche. This operates
on the entire Italian territory and performs technical
investigations in the field of Digital Forensics and on
technological devices, providing management and
development for the scientific databases of RaCIS.
It includes three units: a telematics section, an electronic section and a database section.
Reparto
Dattiloscopia
Preventiva.
This
operates on the entire Italian territory, performing activities of preventive fingerprint
identification, verifying the identity of persons
who undergo photo identification by personnel of
the Carabinieri, feeding and searching the Central
Identity AFIS Database (for fingerprints) and the
APIS (for palm prints).
Reparto Analisi Criminologiche. This operates on
the entire territory and employs the Section of
Investigative Psychology and Analysis to provide
support in cases of violent and particularly cruel
crimes, by identifying the psychological profile and
behaviour of the criminal and the connection with
other crimes. In addition, through the Persecutory
Acts Unit, created in 2009 by the Department for the
Equality of Rights of the President of the Council of
Ministers and the General Command of the Carabinieri, the unit analyses and monitors violent persecutory acts characterized by sexual or detrimental
actions against vulnerable victims who are not otherwise protected.
16.4.2.4 Recruitment and training, certification
Technical personnel in Ra.CIS are exclusively recruited
within the military of the Carabinieri and can have the
following roles:
The role of Officers. These are specialized personnel who act as the Head of a Laboratory appointed
as Commander and/or is responsible for a Technical Section. Such personnel belong to the technicallogistic role in scientific investigations and are
specialists in physics (with a degree in physics,
engineering, mathematics), in chemistry (with a
degree in chemistry, industrial chemistry, pharmaceutical technologies), in biology (with a degree
in biological sciences, biotechnologies, medicine)
and in computer technologies (with a degree in
computer, computer engineering, electronic engineering, telecommunications engineering, managing engineering). Recruitment occurs after passing
an examination organized by the Ministry of
Defense where candidates present their CV and are
then evaluated through a test on the scientific and
technical notions of the area they are applying for
(e.g. chemistry, biology, physics, etc.).
Those who pass the test are admitted to the Training Course at the School of the Carabinieri, which
lasts about 9 months, where they study jurisprudence, military and technical subjects with lectures
and laboratory exercises on the techniques and analytical procedures of the various Ra.CIS sections. At
the end of the course, the RTL officers are assigned
to the Sections where they are employed according
to operational and personnel needs and they then
acquire the title of Director of the laboratory after
two years of employment.
Roles of Warrant Officers and Brigadiers. These
are personnel specialized as Laboratory Analysts,
employed in the RIS laboratories with evaluation
tasks. Such military personnel come from other
departments of the Carabinieri and are assigned to
Ra.CIS after a selection based on: academic CV (at
least a three-year undergraduate degree in a scientific subject), and after passing an oral and written
examination on scientific culture related to the subjects he or she will be destined to; they then follow
a specialized course for analysts of 4 months divided
into two phases – a first theoretical phase lasting one
month on criminalistics (biology, forensic chemistry, forensic computing, ballistics, fingerprinting,
voice analysis, graphics, digital and image analysis,
technical drawings and sketches, anthroposomatic
examinations, criminal procedure and legislation),
followed by an intensive course in the English
language, which lasts 4 weeks; a second practical
phase, which lasts 2 months, where the trainee follows and assists in the specific laboratory activity to
which he or she will be destined. In this phase the
personnel is specifically trained through the midterm examination and final examination.
Forensic sciences in Italy
Role of Corporals. These personnel specialize as a
“laboratory assistant”, employed in RIS laboratories with technical duties. This role requires a high
school diploma in scientific subjects and passing an
examination both written and oral on general scientific knowledge. They must then follow a Specialization course for lab assistants, which lasts about
5 months, divided into two phases: an initial theoretical phase lasting one month for improving their
knowledge in specific scientific fields; a second practical phase, which lasts 2 months, where the personnel help the laboratories in performing technical
analyses.
The training of personnel employed in the Territorial Commands, who go to the crime scene and
perform sampling, is brought forth by the Superior
Institute for Investigative Techniques of the Carabinieri (ISTI) in Velletri, where there is specialized
teaching personnel from RaCis. ISTI is certified UNI
EN ISO 9001:2008 for teaching activities and development of guidelines in the specific areas.
16.4.2.5 Certification of laboratories
and accreditation of evidence
RIS laboratories in the sections of Drugs, Explosives and
Inflammable Substances, Biology and Fingerprints and
Preventive Fingerprinting adopt a quality management
system, which is UNI EN ISO 9001:2008 certified. The
extension of such ISO certification to the other sections
(Ballistics, Voice Analysis, Graphics) is in progress.
With reference to biology, RIS in Rome and Parma
obtained UNI CEI EN ISO/IEC 17025:2005 accreditation
for procedures that entail all kinds of traces and forensic
samples. The extension of such ISO certification to the
other sections of RIS in Messina and Cagliari, and to the
Section of Fingerprint Analysis, is in progress, according
to the 2009/905/GAI Decision of the Council of Europe.
16.4.2.6 Disaster Victims Identification (DVI)
Within RaCIS the Unit of the Carabinieri for the Identification of Victims of Great Disasters was created. This
unit aims at providing a relevant contribution for the
identification of victims of mass disasters and the scientific support it is capable of; it is called to the scene
of the disaster by the General Command of the Carabinieri, according to technical guidelines for the postmortem and antemortem activities adopted by Interpol.
In several minor and major DVI cases RaCIS was called
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to operate. Among them the DVI team of the Carabinieri
was employed for the identification of the victims: after
the terrorist attack of Nassirya (Iraq, 2013), the SouthEast Asian tsunami (Thailand, 2004), the air accident in
Kabul (Afghanistan, 2005), the terrorist attack in Sharm
ElSheikh (Egitto, 2005) and the earthquake at L’Aquila
and surrounding area (Italy, 2009).
16.4.3 University centres, hospitals
and private institutions
Once one exits the realm of the Carabinieri and the
Polizia, where the laboratories and the forensic experts
are somewhat institutionalized, and therefore subject to
internal training and control, the forensic expert can
be anyone. This does not mean necessarily that quality decreases, but it does imply that there is less control and guarantee of at least some internal training or
regulation.
The first question that comes to mind is: If the Carabinieri and Police have forensic science sections, why is
there a need for other forensic scientists? The answer is
multifaceted. First of all, as one can see from the previous section, Police and Carabinieri do not cover all
specialities. For example, there are no forensic pathologists in the police force, apart from the exception of
the Polizia Scientifica in Rome, which has recently reinstated three forensic pathologists within its ranks. Similarly there are no forensic odontologists, anthropologists, archaeologists, entomologists or natural scientists:
this means that such experts have to be recruited by the
PM or the judge from “outside”, mainly from universities, which are usually a local reference point for PMs
and judges. For example, judges from Rome will usually
call experts from the Roman Universities unless expertise that is not within reach is needed. However, it is
not uncommon for them to refer to hospitals (especially
for pathology and toxicology) or to private institutions
or citizens. Courts may also call upon non-Police and
non-Carabinieri experts because of personal reasons or
because they think more objectivity will be guaranteed.
For example, although the police forces have DNA labs
sometimes courts and judges will appoint a university
laboratory. Furthermore, universities and private institutions are recruited also by the defense and the injured
party, where the Police and Carabinieri usually cannot
be involved. So experts in fields that are both not dealt
with and dealt with by the Polizia Scientifica are numerous and much called for.
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The Codice di Procedura Penale states that the consultant or expert will be appointed by the judge. This virtually means that the judge is free to make any choice,
and this has made the fortune of many self-made forensic experts and the misfortune of many trials. Apart
from the actual autopsy, which by law has to be performed by a physician (if the cause of death must be
diagnosed and registered in the National Health Registry), all assessments can be done by laymen, regardless
of qualifications. The Italian juridical system does not yet
require strictu sensu certification or accreditation of labs
and experts, even in the most commonly certified fields,
such as toxicology and DNA analysis. DNA laboratories
will in the future have to be certified if they are to enter
DNA profiles into the national DNA database – but as
this does not yet exist, certification is not an issue. In
Italy in fact there still is at the moment no official DNA
database; it has, however, been approved and will be
administrated by the Polizia Penitenziaria (Penitentiary
Police) and hopefully will be functioning in a few years.
Then DNA profiles from noncertified laboratories will
not be allowed to enter the system, so it will become convenient to accredit or certify one’s own laboratory. An
inability to enter the profile into the national database
will in fact certainly be a drawback for potential experts.
Many toxicological laboratories are also striving for certification. Here, too, the reason is not directly or necessarily related to court work or forensics but to the fact that
Regional and National Health regulations require that
laboratories which provide toxicological information on
issues such as drunk driving or capacity to work require
certification (but not courts).
Registers for consultants and experts exist in all courts,
but are scarcely considered even by judges themselves
as they are a mere list of names of those who wish to
be appointed as experts, with no kind of filter or control. No accreditation for any discipline is requested and
not always during a trial will a consultant or expert be
asked what his or her detailed qualifications are. Fortunately some parties, such as the defense, usually catch
on to the crucial issue of qualification and sometimes
will ask the expert to list degrees and experience in
court.
Forensic pathology, through the skin of its teeth,
is somewhat more quality-guaranteed than other
disciplines. However, anthropologists, botanists and
geneticists may have multivariate qualifications. This
means that on the one hand there are many very
qualified and competent geneticists (biologists or doctors
who have specialized with several postgraduate courses
and much experience) in forensic genetic analysis, but
there are also armies of nonqualified individuals playing CSI. One of the authors has seen a parapsychologist
and a researcher in paranormal activities appointed for
positive identification from videosurveillance systems.
Training for most disciplines is not homogeneous nor
is it regulated; for some disciplines it is not there at
all. If one were asked to envisage the perfect scenario,
as seen for the police forces, the formation of experts
should certainly involve a basic degree in the area of
interest (biology, anthropology, entomology or natural
sciences), some teaching in forensics, specifically regarding legal issues, and then a period of working as an
apprentice. This, however, does not or cannot always
occur.
Such a scenario is backed up by the extremely confused, equally multifaceted and sometimes embarrassing
plethora of postgraduate courses in forensic topics. The
university scenario is virtually bogged with hundreds of
“Corsi di Perfezionamento” (postgraduate short courses)
and first and second level Masters in all types of forensic
sciences. Some courses are led by competent and prepared teaching staff, others are not. Therefore judges
and PMs who clearly have no way of discerning useful
from damaging experts will chose according to faith in
Institutions (Police, Carabinieri, Universities), the forensic grapevine, or even more subjective parameters. What
sometimes, unfortunately not always, makes up and
compensates for this haphazard system where forensic
sciences end up in court in the hands of whomever,
is the hearing, with a severe cross-examination, where
the multitude of consultants hired by the defense and
the damaged parties sometimes act as a quality control.
One example of how this can change the face of trials
was a famous court case in the north of Italy, concerning the area of sexual child abuse. Two children seen
by the same expert physicians with no training in paediatrics or forensics who acted as consultants for the
PM were diagnosed as having been victims of child sexual abuse, the first because of anal lesions, the second
because of hymenal scars. These physicians had been
working for several years as renowned experts in the
field of child abuse and were constantly appointed by
courts across the north of Italy. In these two specific
cases the defense provided a very qualified expertise,
which convinced the judge to appoint new experts. The
Forensic sciences in Italy
judge’s experts showed that in the first case the child
had, and subsequently died of, an anal tumor; in the
other case the hymenal anomaly, which had been seen
to consist of a septate hymen – that is a hymen with a
septum running across it, a frequent anomaly found in
little girls – had no scars. After a series of trials of this
type the physicians were signalled to the Consiglio Superiore della Magistratura, but no further action was taken
that is known of. Similar and more subtle scenarios can
be seen in the fields of juvenile pornography, identification of the living and at more subtle levels even DNA
analysis.
In the absence of certification and accreditation
(which may not always be a guarantee of quality but at
least proves some effort to filter incompetence and haphazard administration of science) PMs and Judges have
very few tools by which to select a good expert. This is
also due to the fact that they receive very little scientific education in their study curriculum, and therefore
are not aware of which disciplines they need in different
cases and what dangers they may encounter.
In such an uncontrollable forensic scenario outside the
neat ranks of the Police and Carabinieri it is impossible to
give statistics on case load, budgets, education. What can
be done is to focus on universities, which are perhaps the
main container of most non-Police and non-Carabineri
expert work: for these also there is no national account
of workloads and budgets or protocols, but at least a general idea can be given of how they function. No information whatsoever can be obtained on privates.
The other premise that should be made before entering the next section is that if the Police and Carabinieri are almost automatically involved in DNA and
toxicological analysis, fingerprinting (exclusively theirs),
criminalistics (fiber analysis, etc.), behavioural sciences
and computer sciences are usually their domain – also
because of their history. The other disciplines, particularly those practiced in universities, rotate around forensic pathology and therefore in their development are
strictly related to it.
The present scenario does not guarantee that forensic
sciences will be practiced by qualified forensic experts.
Italy is a country where there is plenty of forensic science malpractice. However, on the other hand, there are
plenty of qualified forensic scientists with credentials, a
large workload of experience, who have even exported
Italian forensic sciences in European courts. One advantage of case work performed in universities is that it
165
can take advantage of facilities, personnel and a modus
operandi typical of research facilities.
The next sections will therefore focus on the specific
forensic disciplines found within universities.
As mentioned previously, hundreds of short (usually
50 hour) postgraduate courses exist across the country
in various forensic topics, targeted for various types of
undergraduate degrees and disciplines, but have no academically qualifying status. Several Master courses in
Forensic Sciences in general exist, for example at the
Universities of Parma, Roma, Pavia and Palermo, and
these usually are intended for other scientific (and sometimes nonscientific) degrees. Access to such courses is on
the basis of CV and an interview.
PhDs in any forensic discipline have been severely
reduced: very few PhD programs bear the name “legal
medicine” or “forensic sciences” or “criminalistics” (for
example at the Universities of Verona, Rome and Macerata); many times forensic academics have to insert
their PhD students into nonforensic programs. Very few
national textbooks exist that encompass forensic sciences per se (Picozzi and Intini, 2009; Loré, 2012): most
forensic sciences, if at all, are dealt with in subsections
of books in forensic medicine.
16.4.3.1 Forensic pathology
Forensic pathology is a forensic science. In Italian university forensic scenarios it is the discipline around
which all other forensic sciences developed. The history
of forensic sciences in Italy therefore lies mainly in the
trail of that of forensic pathology.
It is in fact within the Roman period, characterized
by the codification of laws and the practice of court
challenges or cross examinations, that main medicolegal issues started appearing concerning violent deaths,
poisoning (Lex Cornelia de sicariis et veneficis, III sec.
A.C.), rape and compensation (Lex Aquilia de damno,
81 A.C). During early Mediaeval times, political and territorial fragmentation made it difficult to pin down any
form of medicolegal activity, although it is known that
in certain Italian cities physicians with a role similar to
that of forensic pathologists would by law examine bodies of the dead in order to verify if any fowl play had
occurred. Later on, in the 13th century the first rules for
expert witnessing in court proceedings appear, particularly in the ecclesiastic world, as one can see from the
Decretali of the popes Innocenzo III (1209), Onorio III
(1220) and Gregorio IX (1234). Medicolegal testimony
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became more and more important in the first communal
statutes of the 13th and 14th centuries, which envisage
that the surgeon was to be called in all cases of personal
lesions, violent deaths and rape. After having performed
all his examinations, surgeons would dictate a report to
the barrister (notaio), subsequently discussed in court
during cross examination. Along with communal legislation, there was another growing institution that helped
to stabilize and strengthen the role of the surgeons in
court: this consisted of the Church’s canonical law. In
the realm of Christian philosophy, an in-depth examination of acts committed but even more an analysis of
intentions behind one’s actions (i.e. the subjective element of a crime) started gaining importance.
With the development of the importance of the expert
witness in court (and in particular the doctor or surgeon
as such) the first written documents of the discipline that
tried to give it a structure can be seen. In this sense the
main ones are A. Parè (1575) and F. Fedele (1602), who
developed the issue of expert testimony in court, and
Giovanni Filippo Ingrassia di Recalmuto, whose Opus
Methodus dandi Testificationes (On How to Testify) constitutes the first “book” of legal medicine in Italy. However,
only with Paolo Zacchia, in 1612, was the first encyclopedic text on legal medicine written, Quaestiones Medicolegales, which, for almost two centuries, was considered the classical text of the discipline across all Europe.
The final step forward towards modern legal medicine
and sciences in general was taken in the 18th century,
when Illuminism introduced the adoption of a scientific
method of inductive reasoning within this discipline, up
to then characterized by the study of single cases. In this
manner the discipline reached its modern form, more or
less as we know it today.
University Institutes usually have a Department or
Section of Legal Medicine, around which the academic
nucleus of all other forensic sciences (from genetics to
criminology) has been built. This is usually the place
where judicial autopsies are performed (autopsies in
Italy are performed under two main umbrellas – the
judicial one and the sanitary “health service” one when
no crime is suspected). All services usually have access
to histopathology facilities and radiology (either of their
own or of an adjacent hospital), genetics and toxicology.
As previously mentioned, sometimes hospital departments have a similar development, especially in cities
where universities are not present. Pathologists, as well
as laboratory specialists already employed for clinical
purposes, will perform some forensic casework. In both
cases the budget comes from the Ministry of Education or from the National Health Service as concerns
equipment and personnel, but usually not for forensic
purposes. Courts will pay the single person appointed
as the expert separately along with the laboratory
expenses that the university or hospital department has
anticipated.
Another type of medicolegal activity always related to
forensic pathology is that on the living (clinical forensic medicine): this is the case of child sexual abuse, child
maltreatment, torture assessment and interpersonal violence in general.
In Italy the actual specialization a physician undergoes is in “legal medicine”, in the pure Mediterranean
tradition, which comprises forensic pathology but which
encompasses much more (perhaps too much in this day
and age). There are in fact many medicolegal activities less or not strictly related to forensic sciences. Particular kinds of medicolegal activity are performed in
previdential institutes, concerning invalidity and incapacity, as well as evaluation of the capacity to drive
vehicles; capacity to drive boats; exemption from using
safety belts; exemption from the military service; fitness for work; suitability for handicap parking; assessment of bodily damage, particularly in the insurance
scenario, is a large source of work, as is assessment of
civil invalidity. A relevant portion of this part of the
medicolegal profession is perpetrated in private medical cabinets, where, usually on a part time basis, the
pathologist examines persons and expresses evaluations
mainly on bodily damage both for judicial and extrajudicial purposes. A great amount of this activity is on behalf
of insurance companies, with respect to policies against
accidents or civil responsibility.
From now on, however, this section will focus only
on the realms of legal medicine that involve forensic sciences, that is forensic pathology and, to a certain extent,
clinical forensic medicine.
Forensic pathology usually enters the judicial scenario
at the scene of a crime, for an autopsy and for the examination of living victims of violence (sexual assault, child
abuse, torture, lesions in general). This usually occurs at
universities and, to a lesser extent, in hospitals.
As previously mentioned, forensic pathologists are
not part of the state police forces (apart from three in
Rome belonging to the Polizia Scientifica of the Polizia
di Stato). Therefore at the scene of death they do not
Forensic sciences in Italy
automatically go on site with the Polizia Scientifica,
which is activated by the PM or by the JP. It is only subsequently decided by the PM or JP if the forensic pathologist is to be called. A recent survey in the north of Italy
has shown that even in suspicious deaths pathologists
are called on site only in 60% of cases. This means that
whereas fingerprint and DNA sampling on site is guaranteed by the Polizia Scientifica, body temperature or
collection of larvae is not.
It is then completely up to the PM to request an
autopsy. If he or she does not believe the body to be
the object of a crime, then the body will be handed over
to the national health authority which will request a
nonjudicial autopsy only in the case where the general
practitioner will not certify cause of death and simply
because Italian Police Mortuary Regulation states that
in order to bury someone a cause of death has to be
diagnosed. Again reasons for requesting an autopsy may
differ between PMs and Courts. In Milano, for example, all victims of traffic accidents are subjected to a
judicial autopsy, but not in Rome. Many PMs in fact
are under the impression that if the cause of death is
evident (e.g. severe head damage) it is not necessary
to perform an autopsy, only to regret this when after
burial parties request information on the manner of
death, whether there was abuse of substances, etc., or
when witnesses change their testimony. If the autopsy is
requested usually in suspicious deaths it should be performed by a forensic pathologist. Unfortunately sometimes the PM will appoint an anatomical pathologist
(because, for example, in remote areas of Italy it is easier to find a general pathologist in hospitals than to look
for a forensic pathologist) who has a different training. In cases of evident voluntary homicide, the autopsy
is usually performed by two pathologists, according to
European Union recommendations. Then the pathologist may ask to be associated with other specialists (e.g.
entomologists, toxicologists) or ask to hire an auxiliary
in such disciplines where he may have little or no competence. Such “associated” expertises, when conceded,
allow for a thorough and complete approach to questions such as identity, postmortem interval and cause
and manner of death. It is usually the forensic pathologist who will involve other specialists, from the DNA
expert to the entomologist. Even when the forensic issue
does not concern a dead body, frequently PMs or judges
will use medicolegal institutes at least to enquire about
the proper type of expertise.
167
In cases concerning the living (e.g. child abuse) the
victim may be taken to pre-existing structures (such as
rape centres), which are usually within hospitals or universities, and clinicians and pathologists here may act as
auxiliaries of the JP or they can be directly appointed by
the PM, which usually, in every city, has identified his or
her expert pathologists within a university structure or
hospital (or other). Large cities and centres usually have
agreements with the courts and set rotas for all medicolegal and forensic activities.
The pathologist, just like other forensic experts, will
work along with the consultants nominated by other
parties and conclude the work within a deadline, which
has been set by the PM or the judge. He or she will then
present a report and an invoice within the following
100 days. When working for the defense or the injured
party, the invoice does not need to follow any rules or
does not need to be motivated. When working for the
PM or judge, the invoice has to be motivated and formulated according to set regulations, depending on the
hours or number of samples examined. All expenses are
anticipated by the consultant or expert in most cases.
Courts usually pay no earlier than 6 months after having received the report, but usually much later. All this
leads to much bureaucracy and to large waiting lists for
the cheaper labs, which frequently leads to delays and/or
to the use of less qualified laboratories. The PM or judge
can also decide whether to pay the entire sum on the
invoice or reduce it. The general budget that courts have
for forensic expertise is unclear. It may happen that they
may not be able to pay for an entire year due to lack of
funding from the Ministry of Justice and are therefore
very careful in spending. This has led to a decrease in
the number of autopsies performed and forensic science
assessments in general that are being requested, unless
it is the Polizia Scientifica performing it, in which case it
has its own funding up to a certain extent. In some cases,
however, personnel from the Polizia Scientifica can be
appointed as the consultant or expert in the same manner as others external to the police forces and be paid
similarly.
A forensic pathologist in Italy becomes so by gaining a Specialization in Legal Medicine, which now lasts
5 years (soon to be changed to 4), after having earned
a degree in Medicine. There is a test for candidates
who wish to enter. The winners are granted a monthly
wage equivalent to a hospital assistant’s for the following
5 years. Contrary to other European countries, training
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Chapter 16
is quite long, but there is no obligation to first specialize
in pathology and/or jurisprudence. These subjects are
included in the 5 year curriculum. In agreement with
European Union indications, the specialization of legal
medicine includes pathology, forensic pathology, clinical forensic medicine, civil and criminal law, civil aspects
of legal medicine, forensic sciences and ethics. Practical
training on autopsy and casework in general is favored
in larger centres such as Milano, Rome, Padova, Naples
and Palermo, where between 500 and 800 autopsies per
year are performed in each centre.
Politics has severely affected the budgets of Universities and the National Health System. On the one hand
criteria for university appointments have changed, in
part for the better, in favor of university personnel with
adequate teaching and research curricula. Nonetheless
the bad economy and the plight in which Italy now finds
itself has drastically reduced the number of academics
performing forensic medicine in universities (some universities have seen a decrease of 10 milion euros this
year in their budgets from the Ministry of Education).
The same can be said for the National Health System.
Furthermore, many academic posts in legal medicine are
for nonpathologists. Nonetheless, the increasing awareness concerning child abuse, interpersonal violence and
the problem of political refugees requesting asylum and
thus evaluation for signs of ill treatment has opened clinical forensic activity to such areas, possibly creating the
perspective for new jobs in the future. Italy, however,
is still far from the interesting French reforme in legal
medicine and from the French system in general, where
frequently emergency wards have among their staff clinical forensic physicians or pathologists.
About 20 years ago a national poll on the orientation
of medicolegal research among the younger generations
was performed. Fiori (1969) underlined the intense
development of the professional activity and indicated
the areas of research in the following manner: studies in
doctrine and medicolegal methodology; forensic pathology, particularly as regards casuistic approaches; studies on the living; postmortem interval; identification of
human remains; medicolegal psychiatry and criminology; and laboratory techniques in haematology applied
to legal medicine, medicolegal analytical toxicology and
experimental forensic pathology. More recently Canepa
(1995) performed a study on the most significant contributions in research. It has been observed that research
in forensic pathology coming from Italy has definitely
increased (Viel et al., 2011) and scientific publications
in both national and international journals by Italian
authors have definitely increased in the past 10 years,
although many, especially from the older generation,
limit their academic publishing to legal and civil issues.
SIMLA (Società Italiana di Medicina Legale e delle
Assicurazioni) is the main scientific society that brings
together all aspects of legal medicine, including related
forensic sciences and nonforensic aspects of legal
medicine such as insurance issues. Within this group are
various subgroups. In this instance there is the Gruppo
Italiano di Patologi Forensi (GIPF), born in 1998, which
organizes conferences, workshops and scientific events
in forensic pathology. Textbooks in this field are certainly numerous: each school or university has produced
its own textbook, such as Milano or Rome (Giusti, 1998;
Cazzaniga et al., 2006).
The main medicolegal academic centres are in the following cities: Ancona, Bari, Brescia, Bologna, Cagliari,
Camerino, Catania, Catanzaro, Ferrara, Foggia, Firenze,
Genova, l’Aquila, Macerata, Messina, Milano, Milano
Bicocca, Modena, Napoli (two), Novara, Padova,
Palermo, Parma, Pavia, Perugia, Pisa, Roma (three),
Sassari, Siena, Terni, Torino, Trieste, Udine, Varese and
Verona.
National journals include Rivista Italiana di Medicina Legale (soon to be indexed), Minerva Medico-legale,
Archivio di Medicina Legale, Jura Medica, Zacchia, Quaderni
Camerti and Medicina e Diritto. These journals also encompass other forensic sciences; however, no Italian journals
dedicated only to Forensic Sciences exist.
Academically, Legal Medicine and related Forensic
Sciences go under the heading MED 43 (all university disciplines have a numerical code). MED 43 thus
includes forensic pathology, genetics, toxicology, criminology and most forensic sciences and houses professors of different origins, that is with Degrees in Medicine,
Biology, Chemistry, Jurisprudence and Psychology. Currently there are 48 full professors, 64 associate professors
and 118 teaching assistants or lecturers.
Postgraduate qualifications (apart from the Specialization in Legal Medicine) in areas of Legal Medicine (apart
from a Masters in Legal Medicine offered in Messina
and in Forensic Nursing also in Messina) usually consist
of a PhD.
16.4.3.2 Forensic anthropology
Forensic anthropology is becoming more and more
popular, thanks not only to scientists conveying the role
of this discipline in helping justice with complex cases
Forensic sciences in Italy
but also to the only too well known CSI effect of many
television series, where experts in anthropology can be
seen on crime scenes, around autopsy tables, next to
boiling units, measuring bones, looking down a microscope or reconstructing faces.
Forensic anthropology is indeed crucial for recovering skeletal or quasi skeletal remains, for their identification, for determining postmortem interval, as well as
for proper trauma analysis; in some countries it is even
beginning to be functional for the identification of living individuals by physiognomic traits. This is beginning
to become clear to many in the field of forensics and
to pathologists. It is a discipline which, however, sits
delicately in between forensic pathology and physical
anthropology, since it by definition deals with human
osteology (more typical of the purely anthropological
scenario) but is related to diagnostic procedures, which
only a physician or pathologist can perform. This has
frequently created some discussion as to who or what
a forensic anthropologist is or should be, especially in
this day and age of accreditation and general awareness
of the implications of court work. In Italy, as in many
countries, a strong divide or lack of communication still
exists between the two categories.
Lectures concerning anthropological issues (biological profile, taphonomy (the study of post-mortem alterations), estimation of PMI, assessment of trauma, etc.)
are usually included in the course of legal medicine for
medical students and in the courses of anthropology and
archaeology for the arts and natural sciences. As a consequence of this fragmentary scenario, a unique professional figure who can be named “forensic anthropologist” does not exist, and is therefore replaced by
“experts” with various professional backgrounds ranging from forensic pathology to natural sciences, who can
be called by judicial authorities.
Again, courses and good training are difficult to come
by. There is a Master’s course in Physical Anthropology, Palaeopathology and Forensic Anthropology run
jointly by the University of Bologna, Pisa and Milano
– here, however, the forensic component is limited to
two months. Few national books exist on the topic
(Introna and Dell’Erba, 2000; Marella, 2003; Cattaneo
and Grandi, 2004); a fairly intense research activity is
now visible through the numbers of publications from
Italy on the subject, which has increased, particularly at
the international level, in the past few years.
There are only two known anthropological skeletal
collections in Italy useful for training, particularly in
169
forensic anthropology. One is in the Sardinian (Sassari)
collection in Bologna and consists of about 800 known
individuals belonging to the 19th century. Age and sex
are known. The other is a joint collection between the
University and the City of Milano, consisting of 2000
known individuals who died in the late 20th century,
of which 150 are infants, with known age, sex, stature,
cause of death, many of which have autopsy reports and
clinical records.
A similar situation can be described for forensic odontology. The discipline is performed outside the police
forces by odontologists who have gained experience in
the forensic field. In addition, in Italy forensic odontologists are usually involved in civil issues concerning
the quantification of bodily damage for compensation,
similarly to legal doctors. There is a Master’s course in
Forensic Odontology in Florence, which, however, has
as its larger focus noncriminalistic aspects.
Again, few national books exist specifically dedicated
to the topic (Cameriere, 2003). International publications and research activity is far less at the moment compared to anthropology.
A scientific group within the Italian Society SIMLA
was founded in 1996 called GIAOF – Gruppo Italiano
di Antropologia e Odontologia Forense – which has
remained silent for the past few years, but lately had
begun focusing mainly on bodily damage and dental
issues.
16.4.3.3 Genetics and toxicology
Genetic and toxicological tests account for a relevant
part of forensic analyses on biological samples from the
investigation of crime scenes and autopsies. In Italy these
services can be provided both by university structures
and the scientific sections of the police forces. In universities the laboratories of genetics and toxicology usually
are led respectively by physicians with a specialization
in genetics, biotechnicians, biologists, in the first case,
and physicians with a specialization in toxicology and
chemists (usually with a specialization in pharmaceutical technologies), in the second case. As mentioned previously, no accreditation or certification at the moment
is required for specific court work.
Education is variable. At the moment for genetics, a
dedicated Master course is run by the University of Tor
Vergata in Rome and for forensic toxicology in Catania
and Bologna.
There are quite a few national textbooks for toxicology (Gagliano Candela, 2001; Zacà and Pellegrino, 2006;
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Chapter 16
Fucci and De Giovanni, 2007; Froldi, 2011), but less so
for genetics (Tagliabracci, 2010; Giardina, Spinella and
Novelli, 2011; Marelli and Boeri, 2012), with publications in both national and international literature having
significantly increased in the past 10 years.
There is one main association for forensic genetics,
GEFI, Genetisti Forensi Italiani, which was formed in
1966, and GTF, Gruppo Tossicologi Forensic Italiani, for
toxicologists, founded in 1974. They are both subsections of SIMLA – Società Italiana di Medicina Legale e
delle Assicurazioni – and have national meetings every
year.
16.4.3.4 Natural sciences (entomology, botany,
geopedology)
The collaboration between some institutes of legal
medicine with departments in other faculties, such as
natural sciences, has led to the awareness that entomology, botany and geology in particular can be extremely
useful, and these have since been slowly developed. This
closeness has also led to botanists and geologists working
closely with pathologists and, therefore, regardless of the
lack of specific courses and long term dedicated forensic
training, learning to apply their disciplines to the forensic scenario.
Entomology is the best known so far and most developed. There are many university short courses in entomology across the country as well as several Masters not
in Forensic Entomology specifically but in Forensic Sciences, which deal with the topic. In 2007 the Gruppo
Italiano di Entomologia Forense (GIEF) was created by
university based forensic pathologists and entomologists
in order to harmonize the discipline and promote it.
They are at the moment very active and have one yearly
scientific meeting. Very few handbooks on forensic entomology exist in the national scenario (Introna and
Campobasso, 1998; Magni, Massimelli and Messina,
2008). Publication of articles occurs both at the national
and international level, although they are not as extensive as those on genetics and toxicology.
Expertise in botany and geology at the moment is usually performed outside the Police forces and within universities. Articles from Italy on this topic are few and far
between, both in national and international journals.
16.4.3.5 Psychiatry and behavioral sciences
As previously mentioned, it is the Police forces that have
true Behavioural Sciences Units, for criminal profiling
for example. Forensic psychiatry, on the other hand, has
its experts usually within medicolegal departments. Usually those who work in this area are psychiatrists who
have in some way trained in the area of forensics.
Psychiatric assessment is usually requested by judicial
authorities in order to ascertain imputability and reliability of the culprit. There is, however, an absolute lack of
certification and the discipline can entail many different
types of experts, ranging from psychiatrists to psychologists or even jurists with some knowledge in psychology. This too is a very debated issue, similarly to forensic
anthropology, where many think that psychopathological assessments in the end should be performed only by
physicians. Criminology is a discipline frequently related
to forensic psychiatry and psychology, albeit with different connotations; it is slightly more popular and has led
to the appearance of many criminologists whose qualifications are actually unclear in public arenas. This is
somewhat reflected through the CSI effect visible in the
myriad of talk shows with “criminologists” appearing
from all sorts of backgrounds and disciplines.
There are innumerable associations registered under
the headings of forensic psychiatry, psychology and
criminology, the most ancient and accredited one being
the SIC – Società Italiana di Criminologia – formed in
1957. Several national textbooks also exist (Fornari,
2008; Ferracuti and Lagetti, 2010). Forensic psychiatrists, psychologists and criminologists have a fairly large
national editorial activity and publish in the above mentioned local journals, which encompass all forensic sciences within legal medicine. This activity is, however, at
the moment not yet reflected in the international scenario, where there are very few Italian articles on these
subjects.
16.4.3.6 Questioned documents, engineering
and computing, fingerprints, criminalistics
Fingerprint analysis is almost entirely delegated to the
Polizia Scientifica, for several reasons. Police forces are
the only ones administrating what is called “fotosegnalamento”, that is identification of culprits via photography, description and fingerprinting, and inserting such
data within the AFIS (Automated Fingerprint Identification System). They are also the only ones working using
the AFIS and then actually performing positive identification by fingerprints. It is extremely rare that external
experts will take on this kind of expertise, also because in
Italy training of any sort or quality is absent outside the
forces. Pathologists or anthropologists may be involved
Forensic sciences in Italy
only in the very preliminary steps of treating mummified, decomposed or burnt finger tips and enhancing the
prints. Therefore scientific groups or activities or even
textbooks for that matter are not very common and nor
are publications both in the national and international
scenario.
Analysis of questioned documents, computer sciences
and traditional criminalistics is a very similar scenario.
Occasionally chemists or graphologists from universities
or even privates will act as experts on the odd fragment
of glass, paint, fiber, gunshot residue or paper. For computer sciences Politechnics and Engineering faculties are
slowly becoming involved. However, most of this kind
of work at the moment remains with the police force.
Within criminalistics some exceptions, which have been
mentioned above, such as geology and botany, are
beginning to emerge.
16.5 Conclusions
The condition of forensic sciences in general in Italy
is multifaceted, with many assets and several defects.
Some of the latter, in order to be ameliorated, still
need academic and political changes as well as a more
thorough education of investigating authorities. Others,
however, seem to be finding some solution, particularly
those stemming from the lack of collaboration between
Universities, Police and Ministerial Agencies. Recent DVI
and RISC (Ricerca Persone Scomparse, see below) activities seem to be an example of a better scenario.
In the previous sections concerning the police forces
the Interpol Disaster Victim Identification layout was
described, which envisages both the Police and the
Carabinieri. However, as has been previously mentioned, neither of these forces has forensic odontologists, anthropologists or, for that matter, many forensic pathologists. In many southern European countries
the DVI teams will recruit nonmilitary or nonpolice personnel from universities for example. This so far has not
been possible in Italy, with some negative consequences.
Nonetheless the Ministry of Internal Affairs is seeking
to create a protocol by which, if a disaster occurs, the
Police and Carabinieri DVI team is always called in, but
if it does not have enough or the necessary personnel,
then it will call upon the nearest qualified university
to assist. This may take some time to occur, however,
because in case of a disaster related to a crime the PM’s
office will automatically be involved. The PM may not
171
necessarily delegate the DVI team. He or she can, but has
the option of appointing any expert. The Linate aircraft
disaster is an excellent example. When an MD80 crashed
into a small Cessna aircraft at the Linate airport in Milan
on October 8th 2001, causing 118 victims, the PM did
not call in the DVI team, although this was requested by
foreign authorities, and “preferred” to appoint her own
experts, namely two pathologists, two toxicologists, an
odontologist, a geneticist, who in turn selected several
auxiliaries. This may happen in many cases when the
judicial authority is not acquainted with protocols concerning other institutions.
Finally, an event that is shedding some positive light
on collaboration among forensic experts belonging to
different agencies is, hopefully, the creation of the RISC
(RIcerca Scomparsi) system and database for missing
persons and unidentified bodies. The problem of unidentified bodies on our national territory (national and
migrants) (Cattaneo et al., 2009) has finally been realized
in Italy on behalf of authorities who have begun searching for a solution. A special office of the Ministry of Internal Affairs with a Commissioner for Missing Persons has
been created. Along with the institution of this office a
database is being set up, destined to collect information
on missing persons and on unidentified bodies in order
to find possible matches. This will and is already leading
towards a collaboration between the Polizia, the Carabinieri, the Prefettura (another office within the Ministry of Internal Affairs) and University and National
Health Pathologists in order to collect appropriate postmortem data.
The multifaceted world of forensic sciences and the
will to create a more compact and uniform discipline in
Italy is in fact represented by the diverse origins of the
authors of this chapter.
References
Cameriere, R. (2003) Identificazione in Odontologia Forense, Ed.
Minerva Medica, Turin, Italy.
Canepa, G. (1995) Nuovi Orizzonti della Ricerca in Medicina Legale,
Giuffrè, Milan, Italy.
Cattaneo, C., Grandi, M. (2004) Antropologia e Odontologia Forense: Guida allo Studio dei Resti Umani – Testo Atlante,
Monduzzi Ed., Bologna, Italy.
Cattaneo, C., Porta, D., De Angelis, D., Poppa, P., Gibelli, D.,
Grandi, M. (2009) Unidentified bodies and human remains:
an Italian glimpse through a European problem. Forensic
Science International 195 (1–3): 167.e1-e6.
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Cazzaniga, A., Cattabeni, C.M., Luvoni, R., Zoja, R. (2006) Compendio di Medicina Legale e delle Assicurazioni (12th ed.), UTET
Giuridica, Milan, Italy.
Clarke, S. (2013) Trends in crime and criminal justice, 2010 –
Eurostat, Statistics in Focus, 18/2013.
Ferracuti, S., Lagazzi, M. (2010) Psichiatria Forense Applicata,
Centro Scientifico Editore, Rome, Italy.
Fornari, U. (2008) Psichiatria Forense, UTET Giuridica, Turin,
Italy.
Fiori, A. (1969) L’orientation de la Recherche Médico-légale Scientifique Moderne dans le Pensée des Jeunes, VII rapporta u XXXII
Congrès International de Médecine Légale et de Médecine
Sociale de langue francaise, Genes, 7–11 May 1969.
Froldi, R. (2011) Lezioni di Tossicologia Forense, Giappichelli G.
Ed., Turin, Italy.
Fucci, N., De Giovanni, N. (2007) Il Laboratorio di Tossicologia
Forense, Selecta Medica, Pavia, Italy.
Gagliano Candela, R. (2001) Tossicologia Forense, Giuffrè, Milan,
Italy.
Gentilomo, A., Travaini G., D’Auria, L. (2009) Medico e Giustizia,
Raffaello Cortina Ed., Milan, Italy.
Giardina, E., Spinella, A., Novelli, G. (2011) Past, present and
future of forensic DNA typing. Nanomedicine (Lond) 6 (2): 257–
270.
Giusti, G. (1998) Trattato di Medicina Legale e Scienze Affini,
CEDAM Ed., Padua, Italy.
Grivas, C.R., Komar, D.A. (2008) Kumho, Daubert and the
nature of scientific inquiry: implications for forensic anthropology. Journal of Forensic Science 53 (4):771–776.
Introna, F., Dell’Erba, A. (2000) Determinazione dell’età da Resti
Scheletrici, Essebiemme Ed., Bari, Italy.
Introna, F., Campobasso, C.P. (1998) Entomologia Forense – Il
Ruolo dei Ditteri nelle Indagini Medico Legali, Essebiemme Ed.,
Bari, Italy.
Lorè, C. (2012) Scienze Medico-legali Sociali e Forensi, Giuffrè Ed.,
Milan, Italy.
Magni, P., Massimelli, M., Messina, R. (2008) Entomologia
Forense. Gli Insetti nelle Indagini Giudiziarie e Medico-legali, Minerva Medica, Milan, Italy.
Marella, G.L. (2003) Elementi di Antropologia Forense – Dalle
Indagini di Sopralluogo Agli Accertamenti di Laboratorio, CEDAM,
Padua, Italy.
Marelli, L., Boem, F. (2012) Elementi per una Genetica Forense,
Mondadori Bruno Ed., Turin, Italy.
Picozzi, M., Intini, A. (2009) Scienze Forensi – Teoria e
Prassi dell’Investigazione Scientifica, UTET Giuridica, Milan,
Italy.
Tagliabracci, A. (2010) Introduzione alla genetica forense: indagini
di identificazione personale e di paternità. Milan: Springer
Viel, G., Boscolo-Berto, R., Cecchi, R., Bajanowski, T., Vieira,
N.D., Ferrara,S.D. (2011) Bio-medicolegal scientific research
in Europe. A country-based analysis. International Journal of
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Zacà, V., Pellegrino, S. (2006) Manuale di Tossicologia Forense,
Giappichelli G. Ed., Turin, Italy.
Websites
SIMLA (Società Italiana di Medicina Legale e delle Assicurazioni). Available from: www.simlaweb.com
LABANOF (Laboratorio di Antropologia e Odontologia Forense). Available from: www.labanof.unimi.it
Legislation
Codice Penale Italiano
Codice di Procedura Penale Italiano
Cassazione Penale, SS UU sentenza 11.09.02 n◦ 30328
C H A P T E R 17
History and current status of forensic science
in Japan
Hitoshi Maeda1 , Takaki Ishikawa1,2 & Toshikazu Kondo3
1 Osaka
City University Medical School, Osaka, Japan
of Medicine, Tottori University, Yonago, Japan
3 Wakayama Medical University, Wakayama, Japan
2 Faculty
Japan
17.1 History
17.1.1 Forensic/medicolegal autopsy
in death investigation
The history of forensic science represents the development of a civilized society. During the Edo period (the
17th–19th centuries) under the rule of the Tokugawa
shogunate, the final part of the samurai family feudal
age in Japan, involving national isolation, a legal system
was established covering the whole country; military
officers (Bugyo) controlled administrative, criminal
justice and court systems. Early in the 18th century,
three classical Chinese publications on death investigation, Sen-en-roku (Xi-Yuan-Lu, 1247), Hei-en-roku
(Ping-Yuan-Lu, n.d.) and Mu-en-roku (Wu-YuanLu, 1308), were brought to Japan. Mu-en-roku was
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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translated into Japanese, entitled Mu-en-ruku-jutsu
(1736); the title implied “Instruction for preventing a
false accusation” (Tsunenari and Suyama, 1986; Misawa
and Honda, 1996). In this period, however, European
culture was gradually introduced through trade with
the Netherlands, an exception to the country’s isolation.
In the city of Nagasaki, which had the only Japanese
port open to foreigners, Dr. Pompe van Meerdervoort
from the Netherlands gave lectures on forensic medicine
at his private school in 1862.
After the Meiji Restoration in 1868, Western civilization including its legal systems and science was
introduced rapidly, involving the major influence of
Germany (Prussia) on the modernization of Japanese
law and medicine (Oda, 2009). The Ministry of Justice
and the Tokyo Court of Law were founded in 1871.
Initially, forensic autopsy was performed at/near the
site where the body was found, but a dissection room
was later installed at the Administration of Justice. A
German anatomist, Dr. Wilhelm Doenitz, gave lectures
on forensic medicine at the School of Medical Jurisprudence (the forerunner of the Tokyo Medical School, later
reorganized as the Faculty of Medicine, the University of
Tokyo) affiliated to Tokyo Metropolitan Police Hospital
in 1875, followed by a German professor of physiology,
Dr. Ernst Tiegel, and a German surgeon, Dr. Julius Carl
Scriba, at the University of Tokyo; however, they were
not specialists of forensic medicine/legal medicine. Dr.
Kuniyoshi Katayama, a pioneer of legal medicine in
Japan, was a medical student at the University of Tokyo,
and assisted Professor Tiegel in his lectures as an interpreter. Dr. Katayama studied under Prof. Tiegel after
his graduation (1879) and was officially sent abroad to
Germany and Austria (Prussia) to study forensic
medicine and psychiatry under Professor Eduard von
Hoffmann at the University of Vienna (1884–1888).
After his return from abroad, Dr. Katayama was
appointed as the first Japanese professor of forensic
medicine at the Imperial University of Tokyo (1888),
and forensic autopsies started at the university (1897).
Thereafter, departments of forensic medicine chaired by
Japanese professors were established at five universities
in Kyoto, Kyushu, Tohoku, Osaka and Hokkaido (1899–
1923), and the number of medical schools/colleges with
forensic medicine departments had increased to 46
by 1950. After the Second World War, the medical education system was reorganized, and medical
schools/colleges were newly founded according to the
policy of one medical school/college in each prefecture
to improve healthcare services (1970–1974); thus, in
Japan there are now 80 medical schools/universities
(as of January 2014), at which practical activities in
forensic/legal medicine vary greatly (see below for
details). During these periods, forensic autopsies were
also performed by police surgeons outside of medical
schools. There are eight university institutions for
forensic odontology at present.
Under the new constitution (1946) introduced after
the Second World War, the Code of Criminal Procedure
was revised to incorporate rules for the rights of suspects
and defendants (Oda, 2009); however, investigation of
unnatural death is under the control of police officers
termed “coroners” without a medical license, who
categorize criminal and noncriminal cases, and decide
which cases should include autopsy for criminal investigation (see below for details). This system implies that
the police force is fully responsible for criminal investigation, but obstructs investigation of the cause of death
by autopsy in so-called “noncriminal” cases, involving
possible infringements of the rights of the deceased in
the context of civil and administrative affairs as well
as even neglected criminal cases. Against this background, a medical examiner system was organized in
Tokyo (1946) at the request of the American Occupational Authorities (General Headquarters, GHQ), the
advisor to the Supreme Commander of Allied Powers;
the initial aim was to investigate the cause of death with
special regard to death related to mal-/undernutrition
(starvation) under the occupation (Misawa and Honda,
1996; Shoji, 1996). Thereafter, medical examiner’s
offices were founded in seven major cities, namely,
Tokyo, Yokohama, Nagoya, Kyoto, Osaka, Kobe and
Fukuoka, under the provision of the law for examination of deaths from unknown causes (1947). The
primary task of the Japanese medical examiner system,
now based on the Postmortem Examination and Corpse
Preservation Act (1949), is to investigate the cause of
“noncriminal” unnatural death by external examination
and autopsy when necessary; thus, it is quite different
from the systems in other countries (Misawa and Honda,
1996; Shoji, 1996; Tsunenari and Suyama, 1986). However, the medical examiner system now remains
active only within the limited areas of Tokyo, Osaka
and Kobe.
History and current status of forensic science in Japan
17.1.2 Police forensic science
Forensic science of police in Japan started at the Tokyo
Metropolitan Police, with the installation of a hygiene
science laboratory for toxicological analysis (1904) and
official introduction of fingerprinting for identification
(1909) (Nagano and Miyake, 1996). Thereafter, criminal identification sections were launched for police
science (1920). Following revision of the Code of Criminal Procedure (1947) under the new constitution (1946)
introduced after the Second World War, incorporating
rules on the rights of suspects and defendants, scientific
evidence became essential for accusation and in trials.
In 1948, the Scientific Crime Detection Laboratory was
established in the Criminal Identification Department of
the National Rural Police Headquarters (forerunner of
the National Police Agency). In 1959, the laboratory was
reorganized as the National Research Institute of Police
Science, in which a training institute of forensic science
was established in 1983. This institute supervises forensic science laboratories and criminal identification sections of prefectural police headquarters.
17.1.3 Research and academic bodies
Experimental forensic science was introduced from
Germany and Austria (Prussia) by pioneers of forensic/legal medicine at the University of Tokyo at the
beginning of the 20th century (Misawa and Honda,
1996). Early fundamental research mainly included that
on serology by Professor Sadanori Mita, followed by Professor Tanemoto Furuhata, who extended the research
to blood typing, fingerprinting, genetics, histology and
toxicology.
The first meeting of the Medico-legal Society of
Japan (the forerunner of the Japanese Society of Legal
Medicine) was held by Professor Katayama as the president in Tokyo in 1914. The Japanese Association of
Criminology was also founded in the same year. Other
branch academic bodies include the Japanese Association of Forensic Pathology (since 1993) and the Japanese
Association of Forensic Toxicology (since 1982) affiliated with the International Association of Forensic Toxicology (TIAFT), as well as the Japanese Association of
Forensic Science and Technology (since 1995), mainly
organized by police forensic scientists. The Japanese
Society of Legal Medicine has connections with the
International Academy of Legal Medicine (IALM), the
International Association of Forensic Sciences (IAFS)
175
and the Indo-Pacific Association of Law, Medicine
and Science (INPALMS), and founded the International
Symposium Advances in Legal Medicine (ISALM) in
1990 in cooperation with the German Society of Legal
Medicine.
17.2 Practice
17.2.1 Routine casework
17.2.1.1 Postmortem examination
All unnatural deaths are investigated by police officers,
accompanied by medical professionals (physicians or
surgeons), while medical professionals (clinicians) are
obligated to provide notification on identified unnatural death (including stillbirth at four gestational months
or over) to the district police authorities under the provision of the Medical Practitioners’ Act; however, there
is no legal definition of unnatural death. For a provision to promote legislation for establishing the system of organ transplantation from brain-dead donors
(1997), the Japanese Society of Legal Medicine published the Guidelines for Notification of Unnatural Death
(1994), which state that unnatural deaths include any
deaths other than those due to clinically established natural disease: (a) external causes of death (violent deaths,
independent of the history of clinical care), including
accidents, suicides, homicides and unknown causes; (b)
deaths from complications or sequelae of bodily injury;
(c) deaths alleged to be included in (a) and (b); (d) unexpected deaths related to medical care or alleged to be
included in this category; and (e) deaths from unknown
causes.
Police death investigation includes criminal and
administrative inspections. Criminal inspection concerns criminal or alleged criminal deaths, usually
attended by judicial police officials supervised by
public prosecutors, accompanied by medical professionals. The bodies undergo legally ordered autopsy,
usually at a university forensic/legal medicine institute
on the decision of police “coroners” and with permission
of the judge at the district court under the provisions
of the Code of Criminal Procedure (without consent of
the family members or relatives). For categorization of
unnatural deaths into criminal and noncriminal cases in
police investigations, a recent trend is the supplemental application of postmortem imaging using computed
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Chapter 17
tomography (CT) to detect violent deaths; however,
traffic fatalities are usually not autopsied when there are
no particular legal issues, for example, involving cases
of hit-and-run, multiple vehicle accident and undetermined cause of death. Another issue is the investigation of unnatural death related to medical practice;
clinicians often oppose police intervention in such clinical cases. However, police intervention usually occurs
in response to public or a family member’s interest in
cases of alleged medical negligence involving a disrupted
patient–physician relationship; this is an ethical rather
than a legal issue.
Administrative inspection is concerned with deaths
where police officers did not find possible evidence of
a crime (noncriminal deaths). In such cases, the bodies
are examined in the medical examiner’s system in the
central urban areas of Tokyo, Osaka and Kobe, including autopsy on the decision of the medical examiner;
the consent of the family members or relatives is not
essential for this. In other regions, however, the bodies
are usually cremated without autopsy, except in several
special cases with legal or social issues in which autopsy
is undertaken with the consent of the family members
or other relatives. Occasionally, however, forensic
autopsy is legally ordered, following the suggestion
of medical examiners or other medical professionals
in the police investigation, or notification under the
provision of the Postmortem Examination and Corpse
Preservation Act, which includes the responsibility of
an anatomist/pathologist who has found death in a
crime-related unnatural state (i.e., violent death) during
autopsy to notify the chief of the district police station
of it.
17.2.1.2 Forensic/medicolegal autopsy
Under the aforementioned Japanese legal provisions
for postmortem examination of unnatural death, forensic/medicolegal autopsy is categorized into: (a) legally
ordered autopsy in cases of criminality and alleged criminality cases under the provisions of the Code of Criminal Procedure and (b) administrative autopsy in cases
where the police investigation did not detect evidence
suggesting the involvement of crime. Administrative
autopsy comprises autopsy in the medical examiner
system provided by the Postmortem Examination and
Corpse Preservation Act (see above), as well as autopsy
under the provisions of the Quarantine Act and the Food
Hygiene Act. An additional forensic autopsy system for
police investigation started in April 2013, provided by a
new law, the Cause-of-Death Investigation and Identification Act (2012), which was established to improve
postmortem investigation in regions without a medical
examiner system.
Legally ordered autopsies for crime investigation are
usually entrusted to professors of forensic pathology at
university institutes. Related forensic activity includes
radiology, anthropology and odontology for identification; however, dental identification is partly performed
by clinical dentists affiliated with police criminal identification sections. The annual number of legally ordered
autopsy cases at individual university institutes is not
large, widely ranging from around 10 to 400 in recent
years, depending on the location and situation. Major
causes of nonaccidental homicidal death (around 600–
1000/year/population of 127–128 million, according to
criminal statistics during the last 10 years) are sharp
instrument injury, strangulation and blunt injury. Gunshot injury is infrequent, mostly involved with crime
organizations, and also including suicides. Other cases
include falls, fire fatalities, drowning, asphyxiation, traffic fatalities, labor accidents and drug abuse, as well as
atypical suicides. Methamphetamine is a major drug of
fatal abuse, followed by tranquilizers, while narcotics
and other illicit drugs are infrequently involved.
Administrative autopsy is performed at the medical examiner’s offices, as well as university institutes
when requested or in regions without a medical examiner system. Medical examiner’s offices investigate:
(a) apparently noncriminal traumatic deaths; (b) natural deaths without clinical care or clinical diagnosis of
the cause of death, including cases of cardiopulmonary
arrest on arrival (CPAOA), infections or food poisoning,
onsets of disease in unusual circumstances and unexplainable deaths; (c) unexpected deaths under medical care (alleged malpractice not included in routines);
(d) unknown cause of death; (e) deaths of pregnant
women at four gestational months or later; and (f) some
alleged criminal cases (Shoji, 1996). The annual case
numbers during the last 20 years (1992–2011) at individual medical examiner’s offices have been increasing,
mainly due to unnatural deaths of elderly people: 8507
to 13,997 in Tokyo (approximately 9.0 million inhabitants), 2697 to 4825 in Osaka (approximately 2.6 million
inhabitants) and 922 to 1626 in Kobe (approximately
History and current status of forensic science in Japan
1.5 million inhabitants). Major causes of death are natural deaths (around 70%), mainly including ischemic
heart disease (around 40%) followed by cerebrovascular disease (around 10%), accidental falls, drowning,
asphyxiation and traffic fatalities (not included in routines in Osaka and Kobe), as well as suicidal hanging,
falls from a height and drowning. However, the autopsy
rates at medical examiner’s offices are low and gradually
declining from 32.8% (1992) to 18.4% (2011) in Tokyo
and from 37.5% (1992) to 26.7% (2011) in Osaka, while
a high autopsy rate (around 65%) is maintained in Kobe.
The rate of forensic autopsy cases in all unnatural deaths
has been around 9–11% during the last 10 years (see
below for details).
Forensic autopsy provided by the aforementioned
new law is performed at university institutes. There are
no differences in the autopsy procedure and laboratory
investigation among these types of autopsy at university
institutes.
17.2.1.3 Police forensic science
Forensic science institutions of individual prefectural
police headquarters, consisting of forensic science laboratories and criminal identification sections, are responsible for routine criminal investigation, including crime
and accident scene investigation, and examination of
biological and other trace evidence as well as firearms
and explosives, drug and chemical analysis, document examination and psychological tests. Prefectural
police science laboratories investigate hundreds of thousands of specimens in total per year, mainly including bloodstains, body fluids, drugs and chemicals of
abuse, as well as handwritings, printed material, chemical substances, gunpowder, vehicles, banknotes, coins
and postage stamps (Nagano and Miyake, 1996). The
National Research Institute of Police Science described
above supervises prefectural police institutions and also
undertakes special casework.
DNA analysis for identification in criminal cases is
almost exclusively performed at police laboratories,
except for specific markers, and a database system
has been created; this is one of the major tasks in
police science, involving an increasing number of cases.
Investigation of drugs and poisons is another major
point since the large scale of attacks using arsenic
in Wakayama (1998) and domestic terrorist attacks
177
perpetrated by a religious sect (Aum Shinri-kyo) using
nerve gases including sarin and VX (chemical weapon)
in Matsumoto, Osaka and Tokyo (1994–1995), as well
as the spread of the abuse of illicit drugs despite strict
control. Computer-aided investigation systems, including mugshot retrieval using surveillance cameras on the
street and in public facilities, have been established for
criminal investigation and traffic control.
17.2.1.4 Additional casework
Examination of biological evidence
University institutes of forensic/legal medicine also
contribute to biological, anthropological, dental and
radiology identification of skeletal remains and biological materials as well as toxicological analysis in criminal
cases at the request of the police under the provision
of the Code of Criminal Procedures. DNA analysis in
criminal cases is not major routine work at university
institutes. Veterinary and entomological examination
may be undertaken by specialists in respective disciplines. Civil cases are very rare but possible when
officially requested by the attorney at law, or other legal
or administrative officers; paternity testing is also not
included in major casework.
Examination of documents
In both criminal and civil cases, clinical and postmortem
documents are investigated by experts at university
institutes of forensic/legal medicine, requested by the
judge, public prosecutor, police and attorney at law, for
assessment or reassessment of legal issues including the
causal mechanism and severity of injury, cause and process of death, contributory disorders including alcohol
or drug influence and pre-existing disease, and possible survivability, as well as physical disability or mental
disorder in survivors. Clinicians also contribute to such
medical assessment upon request. Experts in other disciplines may participate in forensic examination of documents upon request, for example, regarding engineering issues in traffic accidents and pharmacology issues in
drug misuse/abuse.
Examination of living persons
The contribution of university institutes of forensic/legal
medicine to the examination of victims and assailants as
part of clinical forensic medicine is infrequent in Japan;
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Chapter 17
the police usually request help from the clinicians in
charge of victims or assailants in need of medical care
for the assessment of bodily injury or mental disorder
following crimes or accidents. However, in cases without clinical care or positive cooperation of the clinician,
or insufficient clinical interpretation, experts in forensic/legal medicine are requested to examine victims or
assailants with permission from a judge at a district court
under the provision of the Code of Criminal Procedure,
for example, for assessment of bodily injury, injection
mark or mental disorder with regard to the consequence
of a violent crime, a traffic accident, physical abuse or
neglect, and drug abuse. In civil cases, a similar medical
examination is performed at the request of the court or
attorney at law.
17.2.2 Court-supporting activities
17.2.2.1 Treatment of offenders and criminals
The roles of forensic/legal medicine in criminal proceedings include physical and mental medical examinations
of suspects and defendants for evaluation of their capacity to be subjected to criminal investigation or stand trial.
Psychiatric examination is provided for assessment of
mental disorders related to “insanity” (criminal responsibility and diminished responsibility) as well as possible medical care, treatment and rehabilitation, and
also for risk management to prevent further offenses
in relation to prosecution and judicial judgment under
the legal provisions (Nakatani et al., 2010). Psychiatric
and psychological assessments also contribute to the
management of family or domestic abuse cases. These
functions are usually fulfilled by clinicians in respective
specialties.
In juvenile cases, family court probation officers investigate cases involving domestic personal status and relations as well as juvenile delinquency, and coordinate
human relationships. They are specialists in behavioral
science, including psychology, sociology, pedagogy and
social work, and are engaged in the scientific function of
family courts.
17.2.2.2 Support of crime victims
Under the provision of the Basic Act on Crime Victims (2004) and the Act on Support for Crime Victims
(1980), crime victim support services are available from
support officers and hotlines throughout the relevant
period. Victims and their family are provided with mental, legal and financial support when necessary (details
are available from: http://www.moj.go.jp/ENGLISH/
CRAB/crab-02.html).
17.3 Organization and institutions
17.3.1 General aspects
Institutions for forensic science in Japan include: (a)
police science institutes focusing on criminal investigation, (b) university institutes of forensic/legal medicine,
odontology, pharmacology, psychiatry and criminology,
as well as fields related to casework that can contribute
scientific expertise in both criminal and civil cases on
the basis of research work in their own specific disciplines and (c) medical examiner’s offices for postmortem examination primarily in non-criminal cases.
These institutions are independently organized, with
some cooperation in their casework and research work
(Figure 17.1).
17.3.2 University institutions for forensic/
legal medicine
There are 80 university medical schools, comprising
43 national, 8 prefectural and 29 private schools; each
has a forensic/medico-legal institute, except for a private school (Figure 17.1). Each institute is small in size,
generally with three or four regular posts including
one or a few forensic pathologists, supported by parttime staff for education, research and office work. The
number of forensic autopsies is in the range of around
10–400 at each institute, as described above. Facilities
and equipment vary depending on the financial and
staffing conditions and the policy of individual institutes
regarding research and routine forensic casework, which
is largely related to the amount of routine casework.
There is no standardization or guidelines in connection with forensic practice, except for autopsy facilities;
however, most institutes have facilities for histology,
toxicology and storage, as well as partly for chemistry,
biochemistry, molecular biology and ultrasonography
and radiology, including computed tomography (CT) for
postmortem imaging, in relation to their routines. In
general, most institutes have insufficient facilities for
toxicology, while several institutes are almost specialized
in toxicology. Eight institutes for forensic odontology are
located in the east of Japan.
The major task of these university institutes of forensic/legal medicine is education of medical students;
History and current status of forensic science in Japan
179
Sapporo
Hokkaido island
Honshu (main island)
Kobe
Sendai
Kyoto
Hiroshima
Saitama
∗
Tokyo
Fukuoka
Nagoya
Kawasaki
Yokohama
∗∗
Osaka
Shikoku island
Kyushu island
Okinawa islands
Figure 17.1 Localization and distribution of 79 university institutes of forensic/legal medicine () and 3 medical examiner’s offices
(★), as well as the National Research Institutes of Police Science (⦁) and 47 prefectural police institutes of forensic science (⚬) in Japan.
∗
The Tokyo metropolitan area and ∗∗ Osaka Prefecture have 13 and 5 university institutes of forensic/legal medicine, respectively.
Cities of more than one million people are indicated.
forensic/legal medicine is a compulsory subject for graduation. Research work is also obligatory for academic
qualifications of the education staff and institutes. In
addition, the staff have routine forensic casework at
the request of the police, public prosecutor or court in
the district (see above for details). There is mutual consultation or cooperation in casework among university
institutes, but these institutes are as a rule independent
of police institutions of forensic science.
17.3.3 Medical examiner system
Prefectural governments are authorized to establish a
medical examiner system for investigating the cause of
death, including autopsy, under the provision of the
Postmortem Examination and Corpse Preservation Act.
The medical examiner’s offices, which were established
in seven major cities after the Second World War,
are maintained in Tokyo, Osaka and Kobe at present;
these offices belong to the section of medical affairs in
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Chapter 17
each prefecture, but cover only the central urban areas
(Figure 17.1). The other four offices described above
were discontinued, predominantly due to financial
crises of the prefectures.
The Medical Examiner’s Office of Tokyo Metropolitan
Government is the largest one, mainly covering the central urban area of the 23 wards (Shoji, 1996). This office
has facilities for autopsy as well as histology, toxicology,
storage, education and administration, staffed by 63
medical examiners (12 regular members and 51 parttimers, as of January 2014), assisted by technicians and
office workers. Postmortem examination is performed at
the scene, hospital or police station, accompanied by an
authorized police officer, and the bodies are brought to
the office when autopsy is needed for determining the
cause of death. In Osaka and Kobe, the Medical Examiner’s Offices also investigate the cause of death in urban
areas. These offices are smaller in terms of the facilities,
equipment and staffing than those in Tokyo, having
only one or no post for a regular medical examiner,
being mostly or fully supported by part-timers.
17.3.4 Police forensic science institutions
Each prefectural forensic science laboratory of police,
belonging to respective prefectural headquarters, has
specific sections for routine activities in the identification
of biological and other trace evidence, and for chemistry, toxicology, physics, mechanics, engineering and
psychology, and is equipped with a DNA typing facility and advanced instruments for chemical, toxicological and micro- and ultramicroscopic analyses, as well
as for other sections. The approximate number of scientific experts ranges from 10 to 70 (Nagano and Miyake,
1996).
The National Research Institute of Police Science acting as the central police science laboratory consists of a
general affairs department, two forensic science departments, comprising a wide range of research sections
including biology, chemistry, document examination,
psychology, physics, acoustics, fire investigation, explosion investigation and engineering/mechanics, as well as
a crime and delinquency prevention department, comprising juvenile guidance, social environment and crime
prevention sections, a traffic department, comprising
traffic control, traffic safety and driver–vehicle system
sections, an identification center and a training institute
of forensic science. The Institute has updated facilities
and equipment for research and technical development,
with about one hundred scientific staff members. The
functions include research as well as special casework,
training, international exchange and advisory function,
supervising routine criminal investigations at forensic
science laboratories and criminal identification sections
of 47 prefectural police headquarters.
17.3.5 Others
Police surgeons and dentists are organized in their
individual prefectures, affiliated with the police headquarters, for assisting police inspection and dental identification, respectively. Police surgeons also have roles
in the healthcare of suspects under detention in police
stations. In special regions, a postmortem examination
including autopsy is performed at private institutions;
however, the actual situations are obscure.
There are institutes for pharmacological or chemical
jurisprudence in several pharmaceutical departments of
universities. These institutes are involved in analyses
of illicit drugs and natural biological toxins including
tetrodotoxin and aconitine. There are several private
institutes for forensic science services in criminal and
civil cases. A substantial number of specialists in psychiatry and criminology at university institutes contribute
to criminal investigations, and assessment of mental
disorders of criminals and crime victims as described
above.
17.4 Integration of forensic evidence
A criminal investigation under the provisions of the
Code of Criminal Procedure includes scene investigation and evidence collection by the police, followed
by forensic examination at police laboratories, as well
as examination by experts, including a legally ordered
autopsy and related forensic investigation at university institutes or other institutions including medical
hospitals and clinics. These activities provide a range
of evidence for accusation of a suspect(s) by the public prosecutor in charge or to be presented in court.
Thereby, the public prosecutor is responsible for the
decision on accusation of the suspect, integrating criminal evidence in cooperation with police officials; however, the decision of prosecutors not to prosecute is later
reviewed by the Committee for the Inquest of Prosecution, established in conjunction with branch courts
(Oda, 2009).
History and current status of forensic science in Japan
Forensic experts contribute to the integration of
forensic evidence when requested officially under the
provisions of law and also privately at the request of
the police or prosecutor. This includes reassessment by
another expert (second opinion); such expert opinions
may also be requested from the defense counsel in the
court process. In court, the judges primarily inquire into
the documents presented by the public prosecutor, and
thereafter summon experts to supplement individual
evidence when needed, but not always.
17.5 Professional recruitment
17.5.1 University institutions for forensic/
legal medicine
The standard staff at university institutes of forensic/legal medicine generally include forensic pathologists, toxicologists and scientists specializing in
chemistry, biochemistry and molecular biology. However, the staffing varies depending on the situation and
policies of individual institutes, mainly regarding the
priority of forensic casework or research work, owing to
the limited number of regular staff members as well as
varied amount of routine casework. Japanese university institutes of forensic/legal medicine are primarily
responsible for the educational course of basic medicine
and are not suited to casework. The educational staff
members need academic degrees (Master’s or doctorate)
with substantial publications, and thus are recruited
from among the postgraduates. Medical doctors are
also recruited from among research scientists in other
medical disciplines and clinicians; however, there are
an insufficient number of members with a medical
license. To resolve this difficulty, several universities
have set up a predoctoral course for medical students
to encourage recruitment. No specific academic degree
or professional career history is essential for technical
staff. There are insufficient posts related to office work.
17.5.2 Medical examiner system
Medical examiners are appointed from among forensic
pathologists, clinical pathologists and anatomists with a
medical license, as well as clinicians; most of them are
part-timers. Specific academic degrees are not required.
Other staff members include technicians for autopsy,
histology, chemistry and toxicology, as in university
forensic/medicolegal institutes described above, as well
181
as office workers and other technical officials. There is
a history of professional personnel exchanges between
medical examiner’s offices and university institutes.
17.5.3 Police forensic science institutions
Forensic scientists at local police institutions are prefectural employees, recruited as technical expert officials.
This post is one of the most attractive jobs for highly
motivated young scientists in Japan. Their academic
degrees are mostly Bachelor’s, with some of Master’s
and doctorate level (Nagano and Miyake, 1996). The
National Research Institute of Police Science, as the central police science laboratory, also recruits scientists with
high academic grades, for whom there are exchanges
with university institutes of forensic/legal medicine and
other related disciplines.
17.6 Professional training
17.6.1 University institutions for forensic/
legal medicine
Each institute is responsible for professional training
including forensic pathology, toxicology and genetics,
as well as other related specialties, under the guidelines
of the Japanese Society of Legal Medicine, including
those for the board certifications of medical specialists
in legal medicine and postmortem examination. There
is no legal or government administrative control except
for the approval of medical licenses and qualifications for
autopsy in forensic/legal medicine, or clinical pathology
or anatomy.
Professional training includes forensic case studies in
routine and research work, for academic degrees and
the board-certified specialists of legal medicine. Domestic and international exchanges are encouraged in training courses, including participation in regional, domestic
and international academic meetings, cooperation with
other institutes and study abroad, as well as the acceptance of foreign students and young scientists; foreign
scientists stimulate the globalized training of Japanese
members.
17.6.2 Medical examiner system
The training program depends on the situation of individual offices; however, candidates are usually supervised by senior medical examiners before employment.
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17.6.3 Police forensic science institutions
17.7.3 Police forensic science institutions
In-house training courses have been established at the
National Research Institute of Police Science (Nagano
and Miyake, 1996). Recruited staff members finish the
junior course in the training institutes of forensic science before official investigation in casework. Some
members study at university institutes of relevant disciplines for further professional training and academic
qualifications.
Staff members of prefectural forensic science laboratories are employed by individual prefectural governments. Running costs are supplied by the central
government. The National Research Institute of Police
Science is affiliated with the National Police Agency, and
is fully funded by the central government (Nagano and
Miyake, 1996).
17.7.4 Other institutions
17.7 Funding
17.7.1 University institutions for forensic/
legal medicine
University institutions for forensic/legal medicine share
the budgets of their respective universities founded
by the central or prefectural government, or private
educational foundations. The facilities, equipment and
staffing, as well as running costs for education and
research, are financed by individual founders. However, provisions and running costs of equipment, staffing
and costs for routine casework depend on payments
from clients, which are almost exclusively the police;
this in particular obstructs standardization of routine laboratory work in forensic/medicolegal autopsy.
For larger research projects, each scientist applies
for grants from the central government and other
sources.
The level of payment from the police for legally
ordered forensic autopsy had been very low for a long
time, only providing a fee for “dissection” without any
expenses for laboratory investigation including histology and toxicology. In 2006, the payment system was
revised to include the necessary expenses, supported by
civil movements that emerged following several cases of
negligence in crime investigation by the police.
17.7.2 Medical examiner system
The medical examiner’s offices are established and
financed by the respective prefectural governments
(Shoji, 1996). The budget is large in Tokyo, but markedly
smaller in Osaka, and very low in Kobe; the latter
two have difficulty in maintaining the quality of routine work. In Kobe, however, a high autopsy rate
(around 65%) is maintained by the endeavors of staff
members.
The financial situation of other university institutes
involved in forensic science is similar to that of institutes of forensic/legal medicine. The major interest of
laboratory staff is academic research work for application
to casework. Besides the fundamental funding from the
university, each scientist applies for grants from the central government and other sources for specific research
projects.
17.8 Political influences
17.8.1 University institutions for forensic/
legal medicine
There is no positive political influence on the activity
of university institutes of forensic/legal medicine. However, since the allotted task of these university institutes
is the education of medical students and research work
as described above, the capacity for routine casework is
insufficient, substantially obstructing the social contribution; this is a negative influence of politics. There are
no effective measures to resolve this problem at present.
17.8.2 Medical examiner system
This system is financially controlled by the respective
prefectural government; thus, several offices were closed
as described above. In recent years, medical affairs officers of central and local governments have had insufficient interest in investigating the causes of unnatural
death. This is also a negative influence of politics.
17.8.3 Police forensic science institutions
From the political perspective of maintaining and
improving social security by preventing crimes and
arresting criminals, the budgets of the police are maintained, with special consideration for DNA analysis and
database management. On the basis of the separation of
History and current status of forensic science in Japan
the three state powers of legislation, administration and
judiciary, there is as a rule no political influence on or
interference with forensic activity.
17.9 Certification
17.9.1 Forensic/medicolegal autopsy
In general, professors and associate professors of
anatomy, pathology and legal medicine at medical
schools as well as medical examiners are authorized
to undertake autopsy as provided by the respective
articles of the Postmortem Examination and Corpse
Preservation Act. The Minister of Health, Labor and
Welfare certifies other individuals with a medical license
and regular staff members in the above-mentioned
educational specialties by determination of the prescribed experience of autopsy, under the provision
of the same law. Independent of these qualifications, a public prosecutor or another agency (assistant officer or judicial police official) is allowed to
request an expert of forensic/legal medicine to perform
legally ordered forensic autopsy with permission from
a judge under the provisions of the Code of Criminal
Procedure.
As a general rule, a medical license is needed for
forensic expertise involving postmortem examination
with/without autopsy and issuing the death certificate. Other qualifications are not essential legally. However, the Japanese Society of Legal Medicine and the
Ministry of Health, Labor and Welfare (to be taken over
by the Japan Medical Association) certify the qualifications of board-certified specialists of legal medicine and
provide official approval for postmortem examinations
without autopsy, respectively. Police officials involved in
the inspection of bodies have no medical or co-medical
license.
17.9.2 Other
17.9.2.1 Forensic sciences
For investigations involving forensic toxicology, DNA
analysis and odontology, there is no domestic certification system at present, only guidelines. In-house qualifications have been established for DNA analysis by
forensic scientists at police science institutes (Nagano
and Miyake, 1996).
183
17.10 Laboratory accreditation/
quality control
This is an important issue that has developed; at present,
no systematic accreditation or quality control is organized for university institutes and medical examiner’s
offices in Japan. The present situation of university institutes is far from providing board accreditation or quality control because of the small amount of casework
in several institutes and the small budget for the provision of adequate facilities and equipment with relevant staffing of technicians, under the political and
financial conditions described above. In this situation,
however, guidelines for forensic autopsy were issued
by the Japanese Society of Legal Medicine, involving
the autopsy procedures, sample collection and storage,
laboratory investigation, reporting and documentation;
thus, quality control is a matter of individual institutes,
including traceable listing for sample storage, automatized analyses, double checks of laboratory findings and
systematic data documentation. Re-examination or
reassessment is required in cases of dispute. Police institutes are under the control of the National Research
Institute of Police Science with in-house accreditation
and quality control.
17.11 Technology
17.11.1 General aspects
Key technology issues in forensic practice vary substantially, depending on the roles of individual institutions
in legal systems (see above for details), although with
some overlaps. University institutes of forensic/legal
medicine mainly perform legally ordered autopsies for
crime investigation and administrative autopsy when
requested or in regions without a medical examiner system. Medical examiner’s offices mainly investigate the
cause of noncriminal unnatural death, which includes
unexpected onsets of disease and environmental hazards, as well as alleged violent death that needs further police investigation (screening of criminal death).
Police institutes are specialized in criminal investigation to provide evidence for arresting and accusing
the suspects, as well as presenting the evidence in
court.
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17.11.2 University institutions for forensic/
legal medicine
Key technology issues are mainly concerned with establishing evidence of trauma and disease as well as the
cause and process of death in alleged criminal cases
by forensic autopsy combined with radiology, and with
laboratory investigation, including histology, toxicology, biochemistry and biology, followed by comprehensive data analysis. From the traditional background
of experimental forensic medicine, biochemical and
molecular biological techniques are used in combination
with immunohistochemistry to detect local and systemic
functional alterations after insults, and for interpreting
and visualizing the death process. In addition, postmortem imaging is used not only for detecting pathologies but also for analyzing terminal cardiopulmonary
dysfunction. Limited numbers of autopsy cases at individual institutes allow precise investigation in each case,
including comprehensive histological and toxicological
screenings when adequately prepared (Maeda, 2012).
Some university institutes have special technology, for
example, including that for advanced DNA analysis and
toxicological analysis of specific chemicals such as natural biological toxins (e.g. tetrodotoxin and aconitine),
which contributes to identification and death investigation in unusual autopsy cases, respectively. This unique
technology is also applicable in the examination of other
biological materials.
17.11.3 Medical examiner system
Since the primary task of medical examiners is to determine the cause of noncriminal death and screen criminal
cases, no specific technology other than pathology and
toxicology is needed in the routines. Major environmental hazards are extreme temperatures and air pollution;
the latter includes asthma as a pollution-related illness
and several specific malignancies related to labor environment. Chemical analysis is needed for the detection
of pollutants, including asbestos and other carcinogenic
substances.
17.11.4 Police science institutions
Police institutes have a diverse range of advanced
technology for criminal investigation. Recent forensic
issues include the conflicts between criminal investigation and an infringement of personal privacy in DNA
analysis with the establishment of databases, and in
computer-aided investigation systems using surveillance
cameras on the street and in public facilities (Nagano
and Miyake, 1996). The accuracy and reliability of
DNA analysis are argued about in complicated cases.
Detection and profiling of illicit drugs including designer
drugs is a global issue in relation to smuggling. In traffic
accidents, the reliability of documents and data analysis,
as well as computerized simulation, is often discussed.
17.11.5 Others
In criminal proceedings, psychiatric examination is needed for the assessment of mental disorders related to
“insanity” (criminal irresponsibility and diminished
responsibility), as well as possible medical care, treatment and rehabilitation. This is a major issue in
criminology; however, inconsistent results lead to complications. In addition, comprehensive support of crime
victims is now essential in criminal investigations.
17.12 Disaster preparedness
During the last 50 years, Japan has experienced various mass disasters involving over one hundred deaths,
including coal mine explosions in 1963 (458 fatalities)
and 1965 (237 fatalities); airplane accidents in 1971 (162
fatalities), 1985 (520 fatalities) and 1994 (264 fatalities);
railway accidents in 1963 (161 fatalities) and 2005 (107
fatal fatalities); an earthquake accompanied by conflagration involving Kobe and the surrounding city areas
in 1995 (the Hanshin–Awaji Great Earthquake, with
6434 deaths and 3 missing) and earthquakes involving
a tsunami in Hokkaido in 1993 (226 deaths and missing) and Tohoku in 2011 (the Higashi–Nippon Great
Earthquake, with 18,131 deaths and 2829 missing).
Other disasters included house fires, typhoons, localized downpours and volcanic eruptions. However, there
was insufficient systematic provision until the Hanshin–
Awaji Great Earthquake (1995); temporary postmortem
examination teams were organized by those working in
forensic/legal medicine, and by police surgeons and dentists, voluntarily gathering mainly from the neighboring
regions. University institutes or medical examiners in
the local area handled smaller disasters. The Hanshin–
Awaji Great Earthquake (1995) caused damage over an
extensive area including Kobe, being beyond the control
of the medical examiner’s office and two university
institutes. Thereafter, the Japanese Society of Legal
History and current status of forensic science in Japan
Medicine established the postmortem examination supporting system (1997) in cooperation with the administrative authorities concerned and related organizations
to prepare for large-scale disasters. Its first operation
was on the occasion of the Higashi–Nippon Great Earthquake involving a tsunami (2011), which destroyed
many cities and towns, associated with around 20,000
deaths and missing people. Official operation in foreign
countries depends on requests by the Ministry of Foreign
Affairs.
17.13 Legal issues
Current criminal proceedings are based on the adversarial system (Oda, 2009). Forensic specialists are
summoned to appear in court at the request of a public
prosecutor or defense counsel. The expert involved in
criminal investigation under provisions of the Code of
Criminal Procedure is termed as an “expert witness”,
who cannot be substituted; the situation in court is
similar to that for other witnesses. The expert who has
examined the evidence by the order from a court under
the provisions of the law is termed an “expert”, as a
specialist who can be substituted. Because of the difficult
access of courts to forensic specialists for expertise in
cases involving disputes over the presented evidence,
the Japanese Society of Legal Medicine provided a
list of specialists at the request of the Supreme Court.
Other scientific experts in science and engineering, as
well as clinical physicians and healthcare professionals,
participate in court processes depending on the case.
The experts and their expertise should be “natural”
and “neutral”, excluding any preconception, prediction
or conflict of interest. Public prosecutors and defense
counsels may present expert opinions prepared at their
own discretion in court; however, there are poorer
opportunities for reassessment or re-examination for
defendants because of the difficulty in both access and
cost due to the lack of an official support system.
Public prosecutors prefer visual presentations in court.
This trend has been accelerated, and also requested
by defense counsels, since the introduction of the
Saiban-in (lay/citizen judge) System for trials of certain serious cases, including homicide, in district
courts (2009), as part of the Justice System Reform
since 1999 (Oda, 2009; details are available from:
http://www.moj.go.jp/ENGLISH/index.html). Since the
185
presentation of photographs of the scene of the crime
and victim to the Saiban-in is often limited or rejected in
court, forensic specialists are requested to prepare illustrations or modified photographs, which involves extra
work; however, the application of postmortem imaging
using CT or magnetic resonance imaging (MRI) greatly
contributed to this process.
17.14 Research
17.14.1 General aspects
University institutes of forensic/legal medicine and
related disciplines, medical examiner’s offices and police
institutes are major institutions involved in forensic science, which have specific functions for research activity to develop and improve casework and social services.
Research activity is closely related to the tasks of individual institutions in medical and forensic education, professional training, casework and other social services.
17.14.2 University institutions for forensic/
legal medicine
The major trend in research at university institutes is
fundamental and experimental approaches to develop
and improve the technology in death investigation, as
well as single or serial case studies. Systematic mass
data analyses are performed as part of the activity of
the Japanese Society of Legal Medicine since individual university institutes have an insufficient amount of
routine casework under the legal, political and institutional background. The updated objectives include visualization of the evidence for interpreting pathologies
of trauma and diseases with regard to the cause and
process of death by means of immunohistochemistry,
biochemistry and molecular biology, and postmortem
imaging using CT or MRI; the trend is gradually shifting
to autopsy data collection. Several institutes have specialized in research activities on genetics, including DNA
analysis, or toxicological analysis. In forensic psychology
and criminology, recent research has developed focusing on the strategies for crime investigation and prevention as well as the management of criminals and the
support of crime victims. Forensic pathologists can also
contribute to investigation of the psychological reactions
of crime victims and bereaved family members (Ogata,
Nishi and Maeda, 2009; Ogata et al., 2011).
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Research using human materials is performed following the ethics guidelines of individual institutes
and academic bodies under the provisions of official
guidelines of the Ministry of Education, Culture, Sports,
Science and Technology, and the Ministry of Health,
Labor and Welfare, in accordance with international
standards. For animal experimentation, there are
institutional and national guidelines. International
exchanges with European countries have been encouraged historically, especially with Germany, as well as
with the United States and Australia.
17.14.3 Medical examiner’s offices
The research at medical examiner’s offices is mainly
postmortem data analysis. The data include statistics of
sudden natural deaths, suicides, deaths of the elderly,
deaths due to extreme environmental temperatures in
summer and winter, as well as traffic and labor accidents. Because of the Japanese bathing style, differentiation between drowning and natural death is of
special interest in elderly deaths in a bath, which often
involves issues related to casualty insurance. These data
contribute to administrative management of respective fatalities. There is also the possibility of cooperative research with university institutes in specific study
projects.
17.14.4 Police science institutions
Research at police institutions for forensic science is
focused on technology for criminal investigation. The
National Research Institute of Police Science as the
central police science laboratory in Japan has broad
research activities, including DNA analysis, anthropology, chemistry/toxicology, document examination, psychology/sociology, physics, acoustics, fire investigation,
explosion investigation and mechanics/engineering
(Nagano and Miyake, 1996). Prefectural police science
institutes are encouraged to participate in research
work for the development and improvement of criminal
investigation procedures in connection with the central
laboratory and also related university institutes.
17.14.5 Academic bodies
Academic bodies of professionals involved in forensic or
legal routine casework include societies/associations of
a multidisciplinary nature for legal medicine, criminology and compensation science, as well as those for specific fields of forensic pathology, toxicology and police
science (see also History). The Japanese Society of Legal
Medicine and the Japanese Association of Forensic Toxicology publish the official international journals Legal
Medicine and Forensic Toxicology, respectively. Other academic bodies also issue Japanese publications.
17.15 Past and current issues
17.15.1 Postmortem examination
and forensic/medicolegal autopsy
Major issues derived from the historical background in
Japan described above include: (a) physical examination of human bodies by nonmedical police officials on
their own, or even accompanied by physicians/surgeons,
(b) categorization of criminal and noncriminal deaths
by police officials, lacking insight into possible legal
and social issues involved in healthcare and welfare,
as well as civil affairs, and (c) systems and institutions
unsuitable for unnatural death investigation and insufficient funding for maintaining routine activity of forensic/legal medicine, despite a large budget for the police.
Police officials lose interest in investigating the cause
of death of the deceased when they find no apparent
traces of crimes, without understanding or neglecting
the social significance of investigating the cause of noncriminal but unnatural deaths. Japanese clinicians also
have insufficient understanding of the social and legal
significance of establishing the cause of death. In addition, the officials of medical affairs administrations have
insufficient understanding of the significance of investigating the cause of unnatural deaths and closed some
medical examiner’s offices, while there are many social
and medical issues related to suicides and social deprivation involving solitary deaths of the elderly as well as
the poor and needy.
In the districts with the medical examiner’s system,
police mishandling may be resolved by forensic medical
checks including autopsy; however, another problem
exists in the decreasing tendency to perform autopsies.
Until quite recently, there was also a serious problem
involved in forensic autopsy without systematic laboratory investigation by private police surgeons outside
medical schools in some regions, which in part remains
unresolved. In April 2013, a new forensic autopsy system for police investigation started as a measure for the
regions without the medical examiner system, provided
by the Cause-of-Death Investigation and Identification
Act (2012); however, a relevant autopsy system has
not been established and cases where this has been
History and current status of forensic science in Japan
practically applied have been very few. Criminal evidence is lost without an adequate forensic/medicolegal
autopsy system for cases categorized into “noncriminal”
death by the police. Even in university institutes,
facilities and equipment are insufficient, especially
for toxicology, owing to inadequate organization and
insufficient funding.
Against the above-mentioned political background,
there were, although sporadically, overlooked homicide
cases in police investigations; the mass media reported
at least 13 homicide cases during a period of 20 years
(1987–2007) in which victims had been cremated without forensic autopsy: presumed causes of death included
asphyxiation (strangulation and smothering), drowning, intoxication, venous air injection and even head
injury and stabbing. There were also cases of lost evidence due to incomplete or unfulfilled forensic autopsy,
or serious misinterpretation even in cases of forensic autopsy. The total number of annual deaths during the last 10 years (2003–2012) in Japan increased
from approximately 1,015,000 to 1,256,000/population
of 127–128 million, which included around 13–14% of
unnatural deaths with a gradually increasing tendency
in the number (approximately 134,000–174,000), while
homicidal deaths were gradually decreasing; however,
only approximately 12,000–19,000 unnatural deaths
(9–11%) underwent forensic autopsy, including legally
ordered and administrative cases (excluding traffic fatalities). The total forensic autopsy rate differed greatly
between the regions with and without the medical examiner system (around 1.5–30%), as well as
among the regions without the medical examiner system
(around 1.5–11.5%); the rate of legally ordered forensic
autopsy also varied among prefectures (1.2–9.8%). Furthermore, the autopsy rate substantially varied among
medical examiner’s offices (around 20–65%), depending on the situation and/or policies of individual offices
or medical examiners. These factors imply that Japanese
people are suffering substantial inequality and unfairness regarding unnatural death investigation, which is
closely related to fundamental human rights as well as
social security and welfare.
17.15.2 Police forensic science
Before 2000, there were serious experiences of doubtful blood and DNA typing in the identification of
suspects in homicide cases, in which the accused or
convicts were proved to be not guilty by counterexpertise at the request of the defense counsel.
187
Thereafter, training and quality control of DNA typing were tightened, along with improving technology.
Further issues included the accuracy of toxicological
analysis; counter-expertise is often difficult in other
organizations since police institutions are equipped with
the most advanced facilities, and most pieces of evidence are used up, leaving insufficient amounts for
re-examination. In a similar manner, the adequacy of
traffic accident analysis is often discussed, but reassessment is difficult for the defense counsel. These issues
remain unresolved. In addition, recent issues include
the conflict with people’s privacy in updated computeraided identification systems using surveillance cameras.
17.16 Future directions
17.16.1 Postmortem examination
and forensic/medicolegal autopsy
On the basis of the past and current issues mentioned
above, the most important and urgent points for reform
in postmortem examination of unnatural deaths in
Japan are: (a) establishing a system to ensure medical
examination of the bodies by board-certified experts
of forensic/legal medicine on their own, which is the
responsibility of the government, to provide optimum
medical information for police criminal investigation,
as well as adequate suggestions for further investigation
from a medicolegal viewpoint in possibly noncriminal
cases; (b) establishment of an effective system and
institutions optimized for unnatural death investigation
with sufficient funding for maintaining routine activity
of forensic/legal medicine in both criminal and noncriminal cases in individual districts; and also (c) education
and training of police officials as well as medical students and clinicians for comprehension of the social
significance of investigating the cause of noncriminal
but unnatural deaths. Forensic autopsy routines with
sophisticated laboratory investigation are also important
for professional training and quality control as well as
reassessment in cases of dispute (Maeda, 2012). The
sophistication of laboratory investigation, in terms of
updating technology and databases on the basis of
research work involving postmortem human data analyses, is important to meet social and legal requirements,
with relevance to the advances in medical science
(Maeda, Ishikawa and Michiue, 2011, 2014; Maeda
et al., 2010). Under such conditions, individual institutes and professionals can be prepared for systematic
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accreditation and quality control, as well as for contributions to national and international operations in mass
disasters. With respect to these issues, the Japanese
Society of Legal Medicine officially proposed establishing a medical center for death investigation, including
the foundation of a toxicological analysis center and
network in 2009. A discussion on reorganization of
the postmortem investigation system is ongoing under
administrative coordination, although a lot of difficulties
remain.
In addition, cooperation with related medical specialties including emergency medicine and psychiatry,
as well as social organizations and activities including healthcare and mental care, is needed for supporting crime victims and bereaved families as well as
management of criminals and crime prevention. Such
cooperation also contributes to the development of
respective specialties and organizations through feedback from forensic case studies.
17.16.2 Police forensic science
Since police forensic science institutions have the dual
tasks of identifying suspects and excluding innocent
people, excluding political and social influences, independent and autonomous internal accreditation and
quality control are essential in relation to the updated
scientific standards in respective disciplines; however,
outside inspection will be needed to establish public
understanding. In routines, systematic and strictly
controlled storage of pieces of evidence is needed as
a provision for re-examination. It is also essential to
respect people’s privacy in personal data storage and
retrieval in criminal investigations.
References
Maeda, H. (2012) Histology in forensic practice. Forensic Science
Medicine and Pathology 8: 62–63.
Maeda, H., Ishikawa, T., Michiue, T. (2011) Forensic biochemistry for functional investigation of death: concept and practical application. Legal Medicine (Tokyo) 13: 55–67.
Maeda, H., Ishikawa, T., Michiue, T. (2014) Forensic molecular
pathology: its impacts on routine work, education and training. Legal Medicine (Tokyo) 16: 61–69.
Maeda, H., Zhu, B.-L., Ishikawa, T., Michiue, T. (2010) Forensic
molecular pathology of violent deaths. Forensic Science International 203: 83–92.
Misawa, S., Honda, K. (1996) History of the medico-legal system
in Japan. Forensic Science International 80: 3–10.
Nagano, T., Miyake, B. (1996) The present situation of forensic sciences of police in Japan and the National Research
Institute of Police Science. Forensic Science International 80:
11–22.
Nakatani, Y., Kojimoto, M., Matsubara, S., Takayanagi, I. (2010)
New legislation for offenders with mental disorders in Japan.
International Journal of Law Psychiatry 33: 7–12.
Oda, H. (2009) Japanese Law (3rd ed.), Oxford University Press,
Oxford, pp. 426–442.
Ogata, K., Nishi, Y., Maeda, H. (2009) Psychological effects on
the surviving family members seeing the deceased person
after forensic autopsy. Psychological Trauma 1: 146–152.
Ogata, K., Ishikawa, T., Michiue, T., Nishi, Y., Maeda, H. (2011)
Posttraumatic symptoms in Japanese bereaved family members with special regard to suicide and homicide cases. Death
Studies 35: 525–535.
Shoji, M. (1996) History and present status of the Tokyo
Metropolitan Medical Examiner System. Forensic Science International 80: 23–31.
Tsunenari, S., Suyama, H. (1986) Forensic medicine in Japan.
American Journal of Forensic Medicine and Pathology 7: 219–
223.
C H A P T E R 18
Forensic science in Korea
Heesun Chung1 , Soong Deok Lee2 & Sikeun Lim3
1 Graduate
School of Analytical Science and Technology, Chungnam National University, Daejeon, South Korea
of Legal Medicine, Seoul National University College of Medicine, Seoul, South Korea
3 Division of Forensic DNA Analysis, National Forensic Service, Wonju, South Korea
2 Department
Korea
18.1 Overview, history of forensic
science in Korea
Recently, it seems fairly difficult to classify or define
forensic science as its field has been expanding. Forensic
engineering can be an example. No one would deny its
forensic relevance and it may be increasing, but its possibility to be incorporated into traditional areas of Forensic
Science, or the point of its division, is hard to declare.
The situation is no different in South Korea; even at this
moment, the area of Forensic Science is expanding.
In the aspect of postmortem examination, Forensic
Science has a long history in Korea. Since the Goryeo
dynasty (918–1392), publications on forensic medicine
imported from China were already used in the forensic field. In 1438, under King Sejong in the Joseon
Dynasty, Shinjumuwonrok (the meaning of this book title
is the “annotation of Muwonrok with Korean”) was
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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Chapter 18
published (see Jong-Min Chae, 2007, A Textbook of Legal
Medicine, JeongmoonGaak). It was written by annotating the Chinese book Muwonrok (the meaning of this
book title is the “elimination of resentment”). This publication was widely used to practically include forensic
medicine analysis in trials. Also, officials were sent to the
scene for first-hand autopsies. Modern forensic science
started to be established after the Republic of Korea’s
independence from Japan. In 1948, 3 years after independence, three major areas, forensic medicine, forensic
chemistry and physics, and fingerprints were systematically set up to help the police scientific investigations.
With democratization, the necessity of scientific investigation and the appropriateness of legal judgments based
on scientific evidence have been emphasized in Korean
society; the need for forensic science in Korea is expanding rapidly.
18.2 Judicial system in South Korea
In common with other countries, forensic science in
South Korea is closely related to the judicial system. In
South Korea, all authority and responsibility in investigation eventually belongs to the prosecutor. However, police officers carry out most of the investigation
because the prosecutor cannot perform all the investigative works by themselves. Of course, in certain parts of
cases, the prosecutor directly proceeds to investigation.
Every prosecution is done by the prosecutor. The court
does not become involved in the investigation and judge
the prosecuted case.
Meanwhile, there is a special judicial police in South
Korea. Judicial systems in military or maritime police
(Korea Coast Guard, KCG) can be an example. In this
Korean judicial system, forensic science has developed
with related organizations like the police, the prosecutor’s office, military or maritime police, and even reflects
significant aspects of their characteristics.
18.3 Forensic science related
organizations in South Korea
Most forensic science institutes in South Korea are
closely related to the judicial system, like the prosecutor’s office, the police or the special judicial police,
which is run for police works in specific fields such as
the railroads, environment, food and corrections service
related areas.
18.3.1 National Forensic Service (NFS),
formerly the National Institute of
Scientific Investigation (NISI)
The NFS started as a department within the police and
was in charge of works related to forensic medicine,
forensic chemistry and fingerprints in 1948. It separated
from the police and became an independent institute in
1955. Since then, it has supported the police’s first investigation by identifying most of the forensic evidence collected at crime scenes. Also, it has played a major role
in developing forensic science techniques. The NFS has
rapidly expanded since the 1970s with Korean economic
development. In 1986, it moved into the newly built
building with further increased duties. Starting from
1993, the NFS opened branch offices in regions outside
Seoul, currently maintaining four branch offices. In the
fall of 2013, another branch office is planned to open
with the relocation of the main office. At present, the
NFS is focusing its capability on ensuring substantiality to become a world-class forensic institute. In 2010,
NFS’s status was promoted administratively, reforming
from the National Institute of Scientific Investigation
(NISI) to its current name. Being independent from
the police, it now belongs to the Ministry of Security
and Public Administration (MoSPA), managing scientific
examinations, research and development, and education in broad areas including forensic medicine, forensic
chemistry or toxicology, digital forensics including video
analysis, forensic engineering including a car accident
analysis unit and several other forensic specialties. At
present (July 2013), 328 employees are working for the
NFS and 247 employees are managing analysis.
18.3.2 Forensic science and the
Prosecutor’s Office, National Digital
Forensic Center (NDFC)
Scientific investigation in the prosecutor’s office started
from the introduction of lie detectors in 1979. Then until
1991, related works like authenticating documents, analyzing images, forensic genetics and forensic toxicology
were introduced one by one. Systems got into shape as
professionals were hired and research labs were set up
in 1992. Since then, continuous hiring of professionals
and expansion of facilities were carried out. In October
2008, the Digital Forensic Center (DFC) in the Supreme
Forensic science in Korea
Prosecutor’s Office opened and later changed its name
to the NDFC.
In particular, the digital forensic area should be mentioned. The NDFC supports the prosecutor’s investigation over various areas, including special investigation,
like restoring and analyzing databases, cell phone analysis, e-mail and finance account analysis, and codebreaking by using rapidly developing IT. Digital Forensic
teams are in operation in seven district public prosecutors’ offices, including Seoul and Busan. They are developing education systems to train digital specialists and
supply them with necessary talent. Now 120 forensic
specialists are working in the NDFC.
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In addition to the Forensic Science research and investigation institutes described above, the Supreme Prosecutors Office and Police have administrative systems for
managing forensic science related matters. However, a
detailed explanation will not be presented in this document. Also, there are education and research institutes
run by universities and other small, separate initiatives
that will not be summarized here.
18.4 Current affairs of forensic
science – outcomes and challenges
18.4.1 Scale of current affairs
18.3.3 Forensic science in the military,
Ministry of National Defense affiliated
Institute of Scientific Investigation (ISI)
This Institute started as a research department of the Military Police inside the military establishment in 1953.
Afterwards, there were several expansions and unit retitles and in 1987 it became a forensic science organization under the Ministry of National Defense (MND).
The missions undertaken include technological support to scientific investigation, forensic tests for evidence, research and managing equipment. The Institute
is active in the fields of forensic medicine, forensic chemistry, documents analysis, teams on explosives and fires,
and lie detectors. Particularly in the forensic genetics section, they are identifying corpses from the Korean War
by DNA analysis.
18.3.4 Korea Coast Guard Research
Institute
This initiative refers to the Korea Coast Guard (KCG)
affiliated research institute. In 2007, the KCG Research
and Development (R&D) Center was established and
was promoted to the KCG Research Institute in 2010. Its
goals include research and development for KCG support and improvement of the ocean environment. Its
main tasks are building the support systems for maritime
crime and scientific investigation, developing equipment, enhancing identification and analysis capability
of contaminants, systematic confrontation strategy for
contaminants through marine exhaustion, supervising
ocean dumping wastes, investigating pollution level of
exhausted waters, etc.
The National Forensic Service (NFS) and the Supreme
Prosecutors Office affiliated National Digital Forensic
Center (NDFC) are the two main institutes that are in
the front line of forensic science current affairs in South
Korea. During 2012, the NFS and NDFC carried out
298,729 and 87,943 examinations, respectively. In the
case of the NFS, its number of examination cases is continuously increasing; 256,386 in 2008, 278,040 in 2009,
276,614 in 2010 and 297,357 in 2011 (Figure 18.1).
To look closely into the number of investigation cases
in 2012, there were 5150 cases of autopsy, 104,164 of
forensic DNA analysis, 61,132 of drug and toxicology,
17,371 of forensic engineering, 14,183 of questioned
documents and image analysis, 536 of crime psychology and 35,878 of alcohol and trace evidence. Especially,
starting from July 26, 2010, the NFS DNA Identification
Center and the Supreme Prosecutor’s Office affiliated
NDFC’s DNA Investigation Office are building a national
forensic database for criminal evidence, confined suspects and prisoners convicted for certain designated
crimes. Until September 30, 2012, the site database
included 36,010 cases, confined suspect database 23,755
cases and prisoner database 45,789 cases.
18.4.2 Outcomes of forensic science
examination
Among many cases in which forensic science played a
big role in their solution, there is a case called “Seorae Village Infanticide Case.” In 2006, two corpses of
infants were found in a freezer of a Frenchman’s house
located in Seorae Village, Seoul. The infants were killed
after born living, were not identical twins, and had valid
parent–child relationships with the French house owner
“C” who notified the police. The Frenchman “C” went to
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300,000
280,000
260,000
240,000
230,000
256,386
250,000
276,614
278,040
270,000
298,729
297,357
290,000
2008
2009
2010
2011
2012
Figure 18.1 The number of examination cases in the NFS during recent five years.
France with his wife “B” for the summer vacation.The
Frenchman C was proved to be the father of the two
infants after DNA typing. So the police thought that
the killer of the two infants must be a woman who
knows the Frenchman C and might be their mother.
An investigation was launched to find the criminal who
killed the infants, presumed to be their mother because
the infants were autopsied and it was determined they
were killed after being born living. The police searched
for the mother of the two infants. From the household
items such as a toothbrush and comb that were collected
from C’s house, the NFS found a woman’s DNA that
showed a parent–child relationship with the deceased
infants. This woman’s DNA also had a parent–child relationship with the two sons (in addition to the deceased
infants) of B and C, and consequently the police could
throw suspicion on B. However, B and C denied the
charge, disregarding the level (or standard) of Korean
forensic DNA technology. In order to prove that B was
the mother of the dead infants, B’s specimen was necessary but she refused to hand in the specimen. The
Korean police found out that B’s uterus tissues were
kept in a neighboring hospital. With this tissue, they
carried out DNA testing and it was identical to the one
found in C’s house, also having a valid parent–child
relationship with the two dead infants. The test results
and specimen were sent to a French DNA identification
laboratory. There, the same results were presented. In
the end, B was sentenced for killing two infants after
they were born. By this incident, countries in the world
including France appreciated Korea’s forensic DNA
technology.
18.4.3 Challenges of South Korean
forensic science analyses
There is the “Murder Case of Dentist Mother and her
Daughter,” which is also referred to as South Korea’s OJ
Simpson case. It went through 8 years of court debate
but resulted in a pronouncement of innocence. In 1995,
a fire broke out in an apartment located in Seoul. After
the fire, a female dentist and her daughter were found
dead in the bathtub inside the apartment. The prosecutor targeted her husband “L” as the culprit. However, the
presumed time of their death and the time of the outbreak of the fire, which were considered most important in this case, were indefinite and the accused was
declared innocent. Circumstantial evidence led the prosecutor to have a firm belief that the husband was the culprit but they lacked tangible evidences. After this case
broke, the importance of organized collection of evidence and scientific analysis at the scene was magnified
in South Korea.
Overall, forensic science in South Korea has substantially expanded with the rapid progress of the society.
However, additional efforts are still necessary. Therefore, continuous R&D, social systems with high completeness, exchanges and harmony between the forensic society and judicial systems are considered to be
important.
18.5 Research and development
(R&D)
R&D was gradually handled on a small scale by individual forensic science institutes. It is not long since
Forensic science in Korea
systematic forensic science research started. In the middle of year 2000, the South Korean government started
to support R&D. Recently, they are planning a new
R&D system as a consensus that investment in forensic
science is critical to forming a social safety net and to
protect human rights. The budget of South Korea’s
national R&D investment in 2013 was about 16 trillion,
ranking 6th worldwide and ranking 2nd in terms of
taking 4% of South Korean Gross Domestic Product
(GDP). However, R&D in the forensic science field still
remains relatively low in rank. Isolating the validity of
the result, sharing the research results or industrializing
and linking to human resource development is still
lacking. The NFS, the largest forensic science institute in
South Korea, itself had 3.7 billion for its R&D budget in
2013. Except government institutes, the R&D level
in universities, contributed research institutes and
corporations still have a low level of research but they
are expected to gradually improve in the future.
The main academic journals where one can publish
the research results in South Korea include The
Korean Society of Forensic Science Journal (http://www.
ksfs.org), The Korean Society for Legal Medicine Journal
(http://www.legalmedicine.or.kr), The Korean Academy
of Scientific Criminal Investigation (http://kasci.or.kr) and
The Korean Society of Analytical Sciences (http://www.
koanal.or.kr).
Recently, South Korea’s forensic science increased
its global presence by the NFS hosting the 43rd international meeting of The International Association of
Forensic Toxicologists (TIAFT) in 2005 and the 3rd
meeting of the Asian Forensic Science Network (AFSN)
in 2011. Also in 2014, South Korea is preparing the 20th
international meeting of the International Association
of Forensic Science (IAFS) as the presidential nation.
Efforts to attract the 27th meeting of the International
Society of Forensic Genetics (ISFG) in 2017 were also
approved during the last ISFG meeting.
18.6 Education and forensic
personnel
In the forensic medicine field, MDs have continuously
expressed concern about raising their succeeding generation. From the 1970s some medical colleges have
established departments of Forensic Medicine, and
now about a quarter of medical colleges are operating
this department. From this education network, newly
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trained medical examiners or researchers in forensics
are supplied. Compared to the above, there has been
no established training school that is focused only on
forensics. There are no official training schools offering
an undergraduate course such as basic classes of forensic
science including chemistry, physics and biology.
With the effect of mass media like CSI, many
young students have become interested in forensics
and attempt to search for forensic training. As a result
some universities have launched graduate forensic training courses, such as Kyungpook National University,
Chungnam National University and Soon Chun Hyang
University. The police have made special rules that allow
those forensic specialists to be recruited as easily as their
CSI members. In this manner, many different efforts are
being implemented for training the succeeding forensic
generation. For the ultimate users of forensics like the
police, prosecutors or lawyers, various lectures are given
now based within their own training courses, like law
school or training courses for policeman.
18.6.1 Graduate School of Scientific
Investigation, Kyungpook National
University
This was established in 2003 and was organized on
a five semester basis. Three specialties are provided
including forensic nursing, scientific investigation and
legal medicine and the quota is 30 for each. The major
topics include the following: criminal identification,
forensic medicine, IT-based techniques, psychology,
anthropology, etc. They also stress the safety and prevention of the public from industrial accidents.
18.6.2 Graduate School of Peace and
Security, Chungnam National University
This was first established in 2002 for peace and security
purposes. In 2004 the department of scientific investigation was added to the previous department of peace and
security and the department of military science and military art. In 2013, they started to set up an integrative
system providing school–industry–military cooperation.
18.6.3 Graduate School of Forensic
Science, Soon Chun Hyang University
This was established in 2011. They also opened a private
forensic lab and are trying to take part in crime scene
evidence examinations, which had mainly been handled
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through the official institute. At present (2013), 72 students are studying in the department of forensic science
and the department of crime investigation.
18.7 Communication with judicial
system and standardization of
related works
South Korea. They usually pay little of their concern to
forensics and the communication between the forensic
and lawyer societies seems not to be very active. In some
real caseworks, some argue that the fact was misunderstood or misapplied. Among this kind of dispute, there
are many misunderstandings between both disciplines,
from both lawyers and forensic scientists. This must be
considered for the widening and strengthening of forensics in South Korea.
18.7.1 Legislation
The ultimate application of forensic science is for the
law, so forensic science cannot be divided from the judicial system of a country. The judicial system reflects its
own peculiarity depending on each different country,
so forensic science is closely related with how the law
regulates forensics. In South Korea there is no law that
directly rules forensics and the will of the lawyers seems
to be not very strong to prepare this. In contrast, forensic
scientists have wanted to prepare common law for the
forensic field and the process is still ongoing.
The effect of legislation on forensics has become evident with the criminal DNA database construction. Like
NDNAD in England or CODIS in the US, South Korea
has also tried to establish a nationwide criminal DNA
database for over 10 years and at last it became possible from 2010. Whatever the purpose, the DNA related
database needs specific law, so the so-called Criminal
DNA Database Act was made and passed by the National
Assembly. After this process the forensic genetics society
in South Korea has jumped up to a more advanced stage
with reinforced personnel and a well-established standard that must be followed. The legislation process has
not only made the process possible but has also made it
open for all citizens, thus potentially indicating its clearness and providing a bastion for citizens and criminals. In
South Korea there is another legislation that is related to
personal ID, the Act for Protection and Support of Missing Children. It was established in 2005, and revised in
2013. It is focused on the ID for missing children under
18 or dementia patients, with a database of them or their
relatives.
18.7.2 Communication with lawyers
or judicial system
Considering the purpose or application of forensic science, the lawyers or related personnel also have to know
about forensic science or know what is going on in
forensic societies, but the situation is rather different in
18.7.3 Standardization and quality
assurance (QA)
This initiative is operated mainly by the KOLAS (Korea
Laboratory Accreditation Scheme); it is based on ISO
17025 and also gives accreditation for forensic laboratories. The NFS was first accredited on drug and DNA
aspects, and the topics have been subsequently widened.
It also was designated as the SRM (Standard reference
material) producing institute in 2010. Thereafter the
NDFC in the Supreme Prosecutor’s Office was accredited, and many forensic labs have participated in the process by several different tests.
18.8 Shortage and the future
As with South Korea in general, the Korean Forensic
Society has made great advancement in a short period.
For further advancement and to reach a mature and
refined status, much additional work is required. For
this the effort of the whole forensic community is most
important, but this is not all. Social support must also
be added to this. Especially the following seems to be
important: (1) strengthening of education for the whole
field of forensics and the research and development for
this is needed; (2) continuous communication between
the forensic and the judicial communities needs to be
strengthened; and (3) an adequate legislation process
needs to be established to address the needs of the forensic community.
Besides government driven institutes, forensic activity in the general academic field and private arenas are
also important. They must be in harmony and the government must be aware of this and supportive. For the
future, we feel it is rather promising considering the
increasing awareness of both government and public
for the importance of forensics in national security and
social safety.
C H A P T E R 19
Forensic medicine in Libya
Fawzi Benomran
Department of Forensic Medicine, Dubai Police General Headquarters, Dubai, United Arab Emirates
Libya
19.1 An overview and a historical
background
The contemporary Libya was under Ottoman rule from
1551 until the Italian invasion in 1911. During the Second World War it was a setting of hard fought battles
between the Axis and Allied Forces until the defeat of
the Italians and the Germans in 1943 when it became
under British administration. Libya gained its independence in 1951 where it became a Kingdom until 1969
when an army lieutenant, Gaddafi, led a military coup
and overthrew the king. The lieutenant made himself
a colonel, and ruled the country for 42 years. On 17
February 2011, Gaddafi’s armed forces killed scores of
peaceful demonstrators in Benghazi, an act that started
a revolution and armed conflict that ended with the
killing of Gaddafi and defeat of his forces with the help
of NATO forces. During the dictator regime of Gaddafi,
the country had been in chaos that destroyed everything that was achieved during the previous reign of the
king.
Although medicolegal services had existed since the
early 1960s, it had been a modest section of a centralized governmental expert witness services located in the
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capital, Tripoli, with a branch in Benghazi, and attached
to the Ministry of Justice. It had not gained much attention from the Gaddafi regime, and consequently it continued to be a less than satisfactory establishment. It
depended entirely on expatriate doctors from neighboring Egypt working on a contract basis. In the 1960s,
there had been very few Libyan doctors, and none in
the field of forensic medicine.
In December of 1983 the author, a native of Libya, finished his training in Glasgow, Scotland, and came back
to become the first Libyan Forensic Pathologist. He was
based in Benghazi and was made director of the Centre
of Expert Witness Services, as well as the senior forensic pathologist. He also joined the Faculty of Medicine
and was made the head of the Department of Forensic
Medicine and Toxicology.
The author tried hard to develop the medicolegal
services and establish a separate Institute of Forensic
Medicine in Benghazi, but to no avail. His vision was
to establish an Institute with good resources and properly qualified personnel capable of teaching medical students and performing service practice at the same time.
He gave up trying in August 1997, and left for the UAE
to join Dubai Police, where he was made Director of
the Department of Forensic Medicine and managed to
develop the department and train local doctors to partly
replace expatriates. The medicolegal services in Libya
continue to be the same as before, a less than modest
section of an expert witness service centre, with no laboratory facilities. There are no possibilities to perform toxicological investigations, no molecular biology and DNA,
no histopathology facilities and no X-ray facilities.
The concept of the separation between the university
department teaching forensic medicine to medical students and the department performing real forensic services, and the combination of medicolegal services with
the rest of expert witness fields in a body attached to the
Ministry of Justice has been adopted from Egypt, and
likewise, this system was adopted by many other Arab
countries.
19.2 Forensic medicine in the Arab
countries
What is known as the Arab World or Arab countries are
a number of independent states, totaling 22, that speak
the Arabic language with diverse local dialects. The
total population amounts to over 370 million. Although
largely of the Muslim faith, there are many Christian
Arabs, Jew Arabs and a small proportion who adopt different faiths. There are subtle but important differences
in the criminal law between Arab states that use the
practice of forensic medicine and forensic sciences.
19.2.1 The United Arab Emirates
Medicolegal services started in 1982 in Dubai, where
a section was established within Dubai Police General
Headquarters, and became a Department in 2004. In
nearly the same time, a crime laboratory was established, which is also attached to the police and currently
considered the most sophisticated in the region. In Abu
Dhabi, however, the setup has been a little different,
with two separate departments of forensic medicine, one
attached to the police and another attached to the Ministry of Justice, with one crime laboratory attached to
the police.
19.2.2 Sudan
Medicolegal services are offered by the Ministry of
Health, where medicolegal autopsies are carried out
within the mortuaries of the hospitals. Forensic pathologists are attached to the Ministry of Health, but they use
Crime Laboratories of the Police Department for their
tests.
19.2.3 Morocco
It seems that there is no separate professional body
embracing forensic pathologists. Forensic pathologists
are attached to the Ministry of Health and practice in
hospital mortuaries. Some do practice in the university
teaching hospitals, and those would probably be staff
members of the medical faculty. Other aspects of forensic sciences would be handled by the police laboratories.
19.2.4 Algeria
In a way this is similar to Morocco, in which all forensic pathologists are basically university staff who are
dispatched to perform medicolegal work all over the
country. They use hospital facilities, which are either
attached to the Ministry of Health or teaching hospitals
attached to the different faculties of medicine. As far as
forensic science is concerned, it is performed by police
laboratories, including samples referred by the forensic
pathologists.
Forensic medicine in Libya
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19.2.5 Tunisia
19.2.10 Lebanon
Practicing forensic pathologists are either attached to the
Ministry of Health or the different universities. By and
large, autopsies are carried out within hospital mortuaries. Forensic science, on the other hand, is provided by
the Police Department.
The forensic pathologists are attached to a separate body
called the Medico-legal Service, which belongs to the
Ministry of Justice. The laboratory, which carries out
other aspects of Forensic Science is attached to the
police.
19.2.6 Bahrain
19.2.11 Syria
A forensic pathologist would belong to one of three governmental bodies, the ministry of interior, the military
judiciary or the public prosecution. Whatever their affiliations, they use the facilities at the hospitals of the Ministry of Health. All of the practicing forensic pathologists
are expatriates.
The service is provided by the Ministry of Justice
through its personnel, and the logistics are provided by
the Ministry of Health. Apparently there is not a proper
crime laboratory to back up the forensic pathologists.
19.2.7 Kuwait
There is a Department of Forensic Medicine, which
is attached to the police which is part of the Ministry of the Interior. They have their own mortuary
and autopsy facilities. Forensic science is attached to
the police. Again, medicolegal services do not collaborate with the staff of the Faculty of Medicine at the
university.
19.2.8 Saudi Arabia
Forensic Medicine Services are provided through departments attached to the Ministry of Health. Forensic Science is provided by a department of the Police Services.
Although all Medical Schools teach forensic medicine to
the medical students, they do not take an active part in
actual medicolegal work.
19.2.9 Jordan
There has been a sort of collaboration between the
department of forensic medicine and toxicology of the
Faculty of Medicine and the medicolegal services that
belong to the Ministry of Health. Forensic Medicine of
the Ministry of Health is located within hospital facilities. Some of its staff would contribute in teaching in
exchange of reciprocal treatment, where university staff
are allowed to do some work within the medicolegal
service.
19.2.12 Yemen
A Department of Forensic Medicine exists in the Capital,
with some branches. It is attached to the Director of Public Prosecution, with a few offices within its building, but
no separate mortuary or laboratory. The forensic pathologists rely on a very primitive mortuary located within
the hospital, which in turn belongs to the Ministry of
Health.
19.2.13 Iraq
The forensic pathologists and the medicolegal services
are run by the Ministry of Health. A laboratory is
attached to the department in Baghdad, where it
includes toxicology, histopathology and X-ray facilities.
The university staff members in forensic departments
adhere to “teach only policy”.
19.2.14 Qatar
The Ministry of the Interior provides medicolegal services through its Police Departments. The crime laboratory, which belongs to the police, performs forensic
science and toxicological tests. Forensic medicine is not
taught in the only School of Medicine in Doha. The work
is carried out, however, within the hospital mortuary.
19.2.15 Oman
Forensic medicine and forensic science services are
provided through departments attached to the Police
organization.
C H A P T E R 20
The practice of forensic science in Mexico
Mario Alva-Rodrı́guez1 & Rolando Neri-Vela2
1 National
Autonomous University of Mexico, Anahuac University, La Salle University and the Military Medical School, Mexico City, Mexico
for the History and Philosophy of Medicine of the Faculty of Medicine at the National Autonomous University of Mexico, Mexico
2 Department
Mexico
20.1 Introduction
Mexico is organized under a federal system. The forensic
services and laboratories work, with some exceptions,
under the dependency of the National Attorney General’s Office in federal cases and under the dependency
of the Attorney General’s Office of the corresponding
State and the Federal District in local cases. The Attorney General Offices, as a part of the Government, cover
the annual budget of the forensic services, according to
the needs and the available resources. In general, the
experts, professional, technical or empirical, have adequate preparation to fill their functions.
There are many institutions that offer careers and
courses related to the various forensic specialties: the
National Institute of Penal Sciences, the various local
institutes of professional formation, many universities
and private ones. The forensic services recruit their
personnel from these graduates through a curriculum
evaluation and, generally, an entrance examination.
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The forensic services are far from the political shifts
because they are always working with technical and
urgent cases.
It is convenient to say that the forensic services in
Mexico have different dimensions and capacities: there
are some of a high level situated in the capital cities,
from the Republic or the States, with higher economical resources; then come intermediate cities and lastly
are the smallest ones in a third economical level. The
first level services have sufficient personnel and equipment in all or in the majority of the forensic specialties. They organize conjoint sessions, evaluate and
certify periodically the experts and the laboratories as
well.
In the second and third level services a wide variety of conditions exist and they work hard according to
their capabilities. However, when they reach their limits,
there is always the option to ask for help from the upper
steps. It is important to know that thanks to the good
results that the forensic services have produced in favor
of justice, the judicial and the administrative authorities are supporting the budget increases, the purchase of
modern equipment and the construction of new laboratories, within the existing resources.
In the field of research, there are some interesting
advances. The goal is there, but not the sufficient financial means to materialize it now. That is our challenge.
20.2 The practice of forensic
medicine in Mexico
Forensic medicine is one of the medical disciplines that
appeared in Mexico as a scientific branch of human
endeavor. Regulations that applied to legal medical cases
already existed in pre-Hispanic Mexico in the 15th
century, as reported in the chronicles that came from
the New World. People were condemned to death for
statutory rape, stoned for adultery, skinned when they
abused a woman, drowned for incest with their mother
or father, and hung for homicide for abortion by poisoning, facilitation abortion or raping their mother. They
were condemned to slavery for homicide with pardon,
for lesions, for poisoning a slave or getting a slave pregnant if she died during childbirth, or for copulating with
a slave who was a minor or who belonged to someone else. To repair the damage caused by homicide, if
the widow gave her pardon, the aggressor was sold as
a slave and the money was given to her (Lima, 1986,
pp. 7–29).
The first autopsy that was performed in Mexico City
was in 1576, during colonial times. Its objective was to
clarify the etiology of matlazáhualt, an epidemic that hit
Mexico City and its surroundings.
In John Tate Lanning’s opinion (1997), if one was an
official or salaried surgeon one had the responsibility of
healing broken skulls, and would be obligated to tend to
the sick on weekends or vacations, often without help,
even if this meant that he would have to walk hesitantly and half asleep through the streets to minister to
a bloodied beggar, while his colleagues lay sprawled in
their beds. When a wealthy person called, they would
wake with an inhalation of snuff, tend to the scene and
charge a good fee.
The same author added that medicine in the Spanish
territories (or New Spain) was frequently a matter for
the police. Not only was it a matter of calling a medic,
if the call came in the middle of the night it usually
fell on the police to solve the problem. Fights were
common, and the quarrelsome, who were tended to by
doctors without licenses at the Hospital Real de Naturales in Mexico City, were such a problem that in
1763 the administrator, overriding the Real Protomedicato, solicited permission of the viceroy to prohibit the
admission of said bullies. The wounded, who frequently
arrived drunk, may have caused the fight, and it was not
uncommon for a doctor or surgeon to show up, examine
the patient and inform the authorities.
Lanning added that in this grey zone between the
purely medical and the purely judicial, there never
existed total security as to who was in charge of the
admission to the hospital. In 1815 authorities were still
so unorganized that it became necessary for a scribe to
gather all the previous regulations available to solve the
case and determine the correct procedures.
Based on this list, when a patient was admitted to hospital his name had to be registered in the books along
with that of the person who accompanied him and the
jurisdiction to which he belonged. Afterwards the doctor had instructions to examine the patient and he then
left his certified report with the intern to be handed in
to the corresponding authorities.
This practice required that the surgeon who performed the examination was required to say whether
the wound was recent or had been inflicted a few days
before; a precaution that could lead to the conclusion
The practice of forensic science in Mexico
that the patient was trying to hide a crime. To prevent
alterations or fraud these data were registered in another
certification book. Therefore, if the case arose, the corresponding certification on the gravity of the wound
or the state of the injured was made, in order to expedite
the process. It is a given that when the wounded died,
the surgeon would have to certify this as soon as possible
and the scribes, who expected this contingency, would
have to be at the hospital (daily if necessary) to pick up
the certificate so that the case would not be delayed.
In individual cases, the hospital sent to the appropriate
courts and judges a list of the wounded, those who died
and those who recuperated, and a statement of whether
or not the certificates had been collected (Lanning, 1997,
pp. 308–309).
Even when the Real Protomedicato was in place, in
1830 Doctor Manuel de Jesús Fables compiled existing
laws and provisions related to medical practice and
published them as news of the law and police orders
that govern the art of healing (Alva-Rodrı́guez, 2010,
pp. 3–14).
In Mexico, once higher education was restored, the
Faculty of Medicine of the Real y Pontificia Universidad
de Mexico was replaced by the Establecimiento de
Ciencias Médicas. Its founders, while organizing the
campus, created the corresponding team of professors of
Legal Medicine, which was made up of the doctors
Agustı́n Arellano, Dávila and Tender. Arellano was
the first appointee on 27 November 1833, and was
sworn into office on the 2 December of that same
year.
Agustı́n Arellano was part of the Commission of Public Hygiene and Medical Police of the Establecimiento
de Ciencias Médicas, along with doctors Pedro Del Villar
and Salvador Rendón. He was also part of the History of
Medicine Commission with doctors Olvera and Ignacio
Erazo.
Agustı́n Arellano was born in Mexico City, and as
a student of the old university, he took his exam on
20 March 1819, and lectured on the lessons of Luis
José Montaña, on the Aphorisms of Hippocrates, on the
beginnings of medicine and the first and second volumes of physiological investigations of Francisco Xavier
Bichat. On 21 April he received his degree of bachelor in medicine from doctors Fables, Flores, Contreras,
Liceaga and Vara. Two years later he sat for his professional examination before the Protomedicado and in
1831 he graduated as a surgeon.
201
The Legal Medicine course was abolished in 1834, to
appear again in 1839, under the charge of the then director of the Institution Casimiro Liceaga, leaving Arellano
as a second, who then replaced Liceaga temporarily in
1841. The subject was then taught by Casimiro Liceaga,
José Ignacio Durán, Rafael Lucio, Manuel Robredo and
José Marı́a Espejo.
In 1849 the subject was then taught by José Ignacio
Durán, who was succeeded by Luis Hidalgo y Carpio,
who is known as the pioneer of Mexican legal medicine.
The lawyer Rafael Roa-Bárcena wrote in 1860 the first
edition of a book that combines Penal Law, Criminal
Procedure and Legal Medicine, under the title Manual Razonado de Práctica Criminal y Médico-Legal Forense
Mexicana. The second edition was edited and printed in
1869 by Eugenio Maillefert (Roa-Bácena, 1869). The
author explains that his objective in writing this book
was to make available to students of law and medicine
a text in which knowledge of criminal proceedings are
tied to Legal Medicine.
There was no other Mexican author covering such
topics, which forced one to consult foreign authors,
mainly Spaniards, in the criminal part and French or
Spanish authors in the medical legal part, with the grave
consequences of facing significant discrepancies in the
laws of said countries as opposed to those of Mexico.
Roa-Bárcena has the double merit of being the first
person to publish a book that ties Mexican criminal
law to legal medicine, and of doing so in strict compliance with the laws valid in 1860. The work consists
of 529 pages and is divided into four books or parts.
The first mentions laws in force for criminal matters and
the organization and allocations of tribunals. The second
describes the classification of crimes in general and the
corresponding judgment and procedures, as well as the
forensic participation that the case warrants. The third
refers to the crimes (prosecuted when sued) examining
in general and in particular each of the procedures in
question, both forensic matters and its laws and practice.
In the fourth book he talks about extraordinary means,
especially pardons and asylum.
To give an idea of the wide coverage of the text,
we list some of the most prominent issues: the definition and classification of crimes, the procedures in
public criminal trials, verbal and written criminal trials,
preliminary statements, witnesses, crime investigation,
indictments and freedom, bail, evidence, arguments,
judgments, penalties, appeals, and the execution of
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judgment. In relation to forensic matters, he speaks of
injuries or bodily lesions, their classification and characteristics, homicides, autopsies, burial and exhumation,
suffocation, poisoning, abortion, infanticide, rape, statutory rape, incest, insanity, and expert statements or certifications. In the final part of the book, Don Rafael
includes a brief alphabetical glossary of surgical, medical and pharmaceutical terms for law students.
Luis Hidalgo y Carpio was born in Puebla on 18 May
1818. He belonged to a family of limited financial
resources. He was a scholar at the theological seminary
of Puebla, where he studied mathematics and physics
in 1835. He gained the reputation of being diligent and
intellectual, and on the 25 September 1843 he obtained
a medical degree from the Escuela Nacional de Medicina,
having already published 12 papers in the Gaceta Médica
de México.
As professor of the Escuela Nacional de Medicina he
studied the endemic diseases of Mexico. He demonstrated through his clinical histories and pathological
pieces that typhus and typhoid fever are different diseases. As a chemist and technician, he made studies
on the histological and chemical constitution of blood;
he performed toxicological analysis on blood and published a general and practical method for the study of
poisonous substances in blood. He also dedicated time
and effort to the study and use of the microscope and
spectroscope.
According to Francisco Flores, Hidalgo y Carpio, had
many original ideas on different medical subjects. He
made comparative studies on the blood of Europeans
and Mexicans; he undertook research on the role of
chloral on the blood. He made various experiments on
blood clotting in wounds and formed original theories
on the legal definition of suicide. He gave a description of a type of suffocation, which was not yet known.
He also gave certain precautions that could be taken to
avoid burying people alive and was well versed in toxicology studies, where he found a general method of analyzing poisonous substances (Flores y Troncoso, 1982,
pp. 741–742).
During these years Hidalgo y Carpio contributed to the
creation of the new pharmacopoeia. As a hygienist he
worked with the board of sanitation and health to create the bases for a cemetery. He granted a prize for the
discovery of the cowpox virus and together with doctor
José Marı́a Reyes, proposed the establishment of a civil
registry and a register for mortality statistics.
As a surgeon he made his debut in the Cuerpo
Médico Militar de Instrucción, by attending to the sick and
wounded in the war of 1847. While established in the
field hospital of San Hipólito, he went on to lend his services, in the absence of Pedro Vander Linden, as head
of the Army Medical Corps. He later went to the San
Pablo field hospital, first as a doctor and then as director,
a position which he held until 1874.
At the San Pablo hospital alongside doctors Miguel
Jiménez and José Vilagrán, he conducted a magnificent study on thoracic effusion, advocating expectorants in the beginning and toracentesis afterwards as
the best treatment. As a bold surgeon, he pioneered the
search for biliary fluids by puncturing through the intercostal spaces and the liver itself. He gave great insights
into the severity of the dislocation of the glenohumeral
joint and made detailed studies of injuries to the head of
the humerus and on purulent infections.
As a result of his inquiries and observations, he
wrote Medicina Legal Mexicana, in which he revealed
data on the careful study of the signs of death, while
believing that the tales of people being buried alive
were exaggerated or apocryphal. He investigated suicides and the maximum length of gestation. He proved,
experimentally, that blood clotting was not an infallible sign of injury while being alive. He also demonstrated that the mummification of the umbilical cord
in newborns is not a vital phenomenon, but is subject to physical and chemical laws. He described a
new type of suffocation caused by the breathing in of
dust-laden atmospheres and he showed that many of
the people who drown actually die because of food
residues that return from the stomach to block the
airways.
Hidalgo y Carpio wrote the book Introducción al estudio
de la Medicina Legal Mexicana (Hidalgo y Carpio, 1869),
published by Imprenta de Ignacio Escalante.
Introducción al estudio de la Medicina Legal Mexicana is
divided into two parts, medical jurisprudence and medical law. Medical jurisprudence consists of eight chapters, where topics such as forensic medical education,
medical police, medical practice, medical confidentiality, the physician’s responsibility in general, medical
proficient and forensic medical practice and the physician’s fee are seen. The second section is medical law and
is divided into twenty chapters, including incontinent
crimes, notes on marriage, divorce, criminal and medical
abortion, birth and viability of the newborn, infanticide,
The practice of forensic science in Mexico
murder, poisoning, suicide and burials and exhumations
of corpses.
Hidalgo y Carpio allotted a large section of his book to
mental illness: to the treatment of mental alienation and
its laws, responsibilities and diagnosis. He also spoke on
the importance of the identification of people and diseases that exempt young people from military service
(Zacarı́as-Prieto, 2010, pp. 25–28).
In the words of José Torres-Torija, two chapters
caught his attention, the forensic classification of
injuries, which were ruled by Auto de Heridores in 1765,
which established the division of wounds as minor or
serious injuries and whether they were caused by accident. The sanction that should be received was confusing, since on occasion the civil and criminal sanctions did
not correspond to the severity of the damage caused. It
called for doctors from the beginning to determine the
cause of injury. The second was the conditions doctors
practice under, particularly in relation to the authorities.
Torres-Torija continues by saying:
Because I believe it is of interest and because of the differences in the
law between Spaniards and natives, I cannot resist the temptation to
transcribe it partially. It reads: “Those who produced minor injuries,
after paying the diet, the cure and the costs, would suffer the penalty
of exactly fifty lashes… in the beginning, and more lashes depending
on the time it took for health to be restored, if they were dark skinned,
and if they were Spaniards they would have to pay $25.00 fine and
spend two months in prison; and if they were poor, the punishment
was four months in prison the first time and double for the second
time; if the injury was serious but by accident, the first (i.e. the dark
skinned), after fifty public lashes were sentenced to work in a closed
office for a year, and the Spaniards wound be sentenced to two years
in prison on the first occasion and double on the second; if the wound
was serious and not caused by accident… the first were condemned
to one hundred lashes as a form of justice and would be sentenced
to two years of work in a closed office, to earn to pay for themselves,
the diet, the cure and the costs, and Spaniards, would be obligated
to pay these same penalties and would be sentenced to four years in
prison…. All of which were established as punishment for a single
wound; if there were two or more injuries the Real Sala had the right
to increasing the lashings, labor or imprisonment, depending on the
qualities and circumstances of the case, even if health was already
restored” (Torres-Torija,1934, pp. 234–235).
Hidalgo y Carpio accepted the classification system of
injuries as minor or serious, the latter being by accident or not, but he clarified what was confusing and
of dubious appreciation. He insisted on separating the
damages caused to the injured from that caused to the
interests, and he advocated that physicians should not
203
be required to grant a definitive classification from the
beginning.
His influence in the Mexican forensic area was of such
importance that in 1868, while he was part of the committee that was in charge of writing the draft of the
Penal Code, he managed to share his ideas. The Penal
Code was enacted by President Benito Juárez-Garcı́a
in 1871.
Due to his moral and political convictions he was
forced to leave his professorship, and went on to write
the aforementioned Introducción al estudio de la Medicina
Legal Mexicana, and later, in collaboration with doctor
Gustavo Ruiz Sandoval, the Compendio de Medicina Legal
arreglado a la legislación del Distrito Federal, which was published in 1877 (Hidalgo y Carpio and Ruiz-Sandoval,
1877, 2 Vols.). The latter was used as a textbook at
the Escuela Nacional de Medicina for a few years (Archivo
Histórico de la Facultad de Medicina, 1851–1883:
libro 26).
In his work on criminal responsibility, being a philosophical partisan of free will, he advocated for the personal study of criminals, admitting that the criminals
were such because of physical or mental conditions or
abnormalities, thereby suggesting suspended sentences.
Don Manuel Hidalgo y Carpio died on 12 May 1879.
During 1870 there was an opening for the then vacant
position of associate professor, which was covered by
Agustı́n Andrade, who had studied at the Colegio de
San Gregorio and then gone to Paris to take the corresponding courses in medicine to receive his professional
degree in 1859. Among his most interesting works are:
De los signos Profesionales Desde el Punto de Vista de Identificación de las Personas; De la Estatura en la Identificación; El
Himen en México; Contribución a la Estadı́stica del Suicidio
en la República Mexicana; Estudio Comparativo entre la
Estrangulación y la Suspensión; and A qué edad Empieza la
Nubilidad y Cuándo Desaparece en la Mujer Mexicana. Other
works by Agustı́n Andrade are Los Médicos y la Administración de la Justicia, as well as another publication
related to the morals of the indigenous race, considered
by him as an important means of identification of race.
Another relevant forensic observation made in
Mexico at that time was that physiological birth had
some difficulties in Mexico, and Andrade assumed that
the configuration of the pelvis, and consequently the
birth channel of Mexican women, presented certain
particularities. Francisco de Ası́s Flores y Troncoso’s
thesis states that the pubis of Mexican women is higher
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Chapter 20
than in women from other races, also its downwards
and backward inclination is notable, which shortens
the distance between its edge and the lower limb as
well as from the coccyx. In that same work, Francisco
Flores comments on the introduction of life insurance
in Mexico (Flores y Troncoso, 1982, pp. 744–745).
Another topic studied by Mexican medicine in the
19th century was the tears in the hymen caused by
rape and statutory rape. They came up with a theory
about how it resisted external violence, calculating formulas of the mechanical force expended to overcome
the resistance of each form, applying the theory about
its resistance to forensic issues, drawing special attention about the changes in the hymen’s shape with age
and the convenience of taking this into account while
collecting observations.
On infanticide, Flores recounts his partner Miguel
Barragán’s experiences, who wrote his inaugural thesis on the national practice of medical legist Ignacio
Maldonado y Moron, who brought to light the fact that
the umbilical cord constituted the most important proof
of fetal life, indicating that there are three parts that must
be the medical forensic expert’s objective for examination: the external apparatus, the intermediate zone and
the internal umbilical apparatus. Maldonado carried out
his observations of the intermediate zone, taking into
account that for the umbilical cord to fall off it had to
be preceded by the phlegmastic work of the surrounding
tissues, which would be evident on the exterior, recognized by swelling, inflammation and redness, which he
deduced by making two cuts on the newborn’s cadaver,
one on the umbilical region and the other on another
body region. If the umbilical incision shows exudate and
blood extravasation into the tissues, it would be probable
that the fetus had lived. By contrast, the outside incision
does not show those alterations.
In this same thesis, other signs found in internal
organs are mentioned. With the bases on how the auditory system developed in the fetus and the mechanisms
of how breathing is established in children during the
first hours of life, Maldonado looked for and found air
in the tympanic cavity of children who had breathed.
Then he established his procedure, “dosimasia auricular”. He began by beheading the fetus or by separating
both temporal bones from the skull; then he made sure
to expunge the gases or bubbles that might be present.
Once he was sure they no longer had any air in them,
he submerged them in a vessel filled with water and proceeded to perforate the tympanic membrane with a needle; once the perforating instrument had been removed,
if an air bubble was visible and came out of the hole,
it was proof that the child had breathed, and therefore
had been born alive. The author explained that the result
was constant in children who had breathed and negative
in the opposite case. This observation was most valuable when the death had been recent (Flores y Troncoso,
1982, pp. 746–747).
The 19th century in Mexico is rich in forensic publications; a monograph written by Andrade is Aplicaciones del
Microscopio en Medicina Legal (Flores y Troncoso, 1982, pp.
746–747). Among the theses written in this century at
the Escuela Nacional de Medicina de la ciudad de México are:
José Ramos, Bajo el Punto de Vista de la Identificación de las
Personas (from the point of view of the identification of
people), 1880; Agustı́n Andrade, De Algunas Aplicaciones
del Microscopio en las Pesquisas Médico-legales (some applications of the microscope to forensic inquiries), 1870;
T.G. Cadena, Juicio Crı́tico de la Interdicción por Demencia
Seguida ante el Juzgado Tercero de esta Capital, por el Ministerio Público, contra el Sr. Lic. D. Felipe Raigosa (critical
judgment of the ban for dementia followed before the
third court of this capital city, by the public prosecutor’s office against Mr. D. Felipe Raigosa), 1873; Jesús
Garcı́a Fuentes, Signos para Distinguir las Lesiones hechas
Durante la Vida, de las que son Hechas Después de la Muerte
(signs for distinguishing injuries caused in life from
those caused after death), 1878; Antonio A. Tapia, Reflexiones sobre Algunos Artı́culos del Tı́tulo II del Código Penal
(reflections on some articles of the II title of the Penal
Code), 1877; Alfonso Ruiz-Erdozaı́n, La Responsabilidad
Médica ante el Código Penal del Distrito Federal y Territorio de
Baja California (medical responsibilities before the Penal
Code of the Federal District and the territory of Baja
California), 1887; Nicolás Ramı́rez de Arellano, Profanación de Cadáveres Humanos (desecration of human
corpses), 1877; Joaquı́n Rivero y Heras, Breve Estudio sobre Clasificación Médico-legal de las Lesiones (a brief
study of the forensic classification of injuries), 1880;
Eduardo Corral, Algunas Consideraciones Médico-legales
sobre la Responsabilidad Criminal de los Epilépticos (some
medical considerations on the criminal responsibility of
patients with epilepsy), 1882; José Hernández-Ortega,
Algunas Consideraciones sobre los Certificados de Defunción
(some considerations on death certificates), 1882; José
The practice of forensic science in Mexico
Antonio de Echávarri y Fernández, Breves Apuntamientos
para Coadyuvar al Estudio de la Visión Distinta en sus Relaciones con la Medicina Legal (brief notes to facilitate the
study of the view capacity in its relations with the Legal
Medicine), 1883; Nicolás Mendiola, Consideraciones Sobre
la Actual Organización de las Secciones Médicas en las Inspecciones de Policı́a (considerations on the current organization of the medical sections in police inspections), 1885;
Luis G. Ezeta, Policı́a Sanitaria. Conducción de Cadáveres
(sanitary police, management of corpses), 1887; Manuel
Ortega-Reyes, La Medicina Legal y el Médico Legista (legal
medicine and the forensic medic), 1893; Alberto LópezHermosa, Juicio Crı́tico Sobre los Artı́culos 599 y 570 del
Código Penal Vigente (censorious judgment on articles 599
and 570 of the Penal Code), 1897.
Additionally, in magazines and newspapers such as
Gaceta Médica de México, La Independencia Médica, La Escuela
de Medicina, Anales de la Asociacion Larrey, among others,
that appeared in Mexico City, we can see the interest
that existed on forensic topics.
Andrade’s successor as Legal Medicine Professor was
Nicolás Ramı́rez-Arellano, who gave that cathedra up to
1915. His associate professor was Alfonso Ruiz-Erdozaı́n.
Ramı́rez-Arellano was named Director of the Servicio
Médico Legal in 1915. Juan Peón-Del Valle completed
an interim period in 1907, who as well as being a doctor
was a great novelist; he died prematurely.
In 1880 the Police Medical Services were created to
take in the wounded from each of the eight districts
that existed in Mexico at that time; the physicians from
each district were allied with the prison doctors and with
those from San Pablo Hospital (which later came to be
named the Hospital Juárez). In the courts the Body of
Medical legalist experts and the Forensic Council were
created; they were intended to be auxiliaries in the
administration of justice.
A Forensic Service was created in the District and each
of the Federal Territories as a result of the Judicial Organization Law issued in 1903 by the government. It stated
in the 114th article that the Forensic Service was to be
made up by the police station doctors, the physicians
at hospitals, the prison doctors and the medical legalists. In the 119th article it stated that there would be
four forensic experts, two chemists, a practitioner, a filing clerk and two porters in Mexico City. There would
also be a forensic expert for each of the judicial districts
of Tacubaya, Tlalpan and Xochimilco. It also stipulated that
205
to perform the duties of a forensic expert, being moral
and notoriously honest was required, as well as being
a professor with an official degree in surgery, medicine
and obstetrics, also being over thirty years old and having, at least, five years of professional experience. This
law also assigned a daily wage of four pesos, ninety-four
cents for each forensic expert.
By 1909 the Central Relief Station was founded in
Mexico City, whose function from the beginning was
primarily to tend to the uninsured population (poor people) who had been victims of assault, fights or accidents
on the streets. These “blood facts”, as these misfortunes
were named, exemplify the close relationship between
medical services and the police and, therefore, with legal
medicine.
To work at these new services, named Police Medical
Services, assigned to each of the eight existing districts in
the city, the physicians had to have a degree and be residents of the district they would work at, which is why
for some years physicians had police officer designation
and their boss was the police general inspector. These
medical services were identified, during their first years
of existence, as Green Cross, since that was the name of
the street where the Central Relief Station was located.
In 1911, President Francisco I. Madero appointed Dr.
Xavier Ibarra as head of the Services, who then changed
the name Central Relief Station to Green Cross; he
intended to distinguish it from the White Cross, which
was founded that same year and whose mission was to
provide first aid and transport the wounded during the
revolutionary struggle/Mexican revolution (CastañedaJaimes and Herrera-Franyutti. 2009, pp. 52–55).
With the enactment of the Federal District and Federal Territories Penal Code, the Supreme Council of
Defense and Social Security was created. As of then
the Forensic Service no longer depends on the Supreme
Court/Superior Tribune of Justice.
In 1931, the police doctors no longer relied on the
police office and were ascribed to the General Direction
for Social Action of The Federal District Department.
Well into the 20th century, on the 28 January 1935,
the Common Courts of the Federal District and the Federal Territories Law was issued; the 219th article stated
that the Forensic Service for the administration of justice
in Mexico City would be run by the delegation, hospital, prison physicians and the medical legist expert. This
law established that the position of the medical legist
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Chapter 20
expert would be obtained by opposition before a jury.
The applicant would have to take a practical examination and would have to present a theoretical subject on
forensic medicine, as well as being over 30 years old and
having at least five years of professional experience.
The Federal District Forensic Service was located in
the offices attached to the Penal Courts that were next
to the Federal District’s Penitentiary where the experts
solved the classification of injuries, determination of age,
sexual assaults, psychiatry, etc. The Toxicology Laboratory was also in this building. The practice of autopsies
was carried out at the Hospital Juárez, both by experts
from the Forensic Service and by the hospital’s doctors.
Regarding the Forensic Medicine Cathedra, named
by the Technical Council of the Faculty of Medicine
of the National Autonomous University of Mexico in
1958, when the student role increased, the number of
professors increased as well. Once it was evident that
most of the new teachers were improvising, the first
Training Course in Forensic Medicine was organized, in
1964, led by Alfonso Quiroz-Cuarón, with a duration of
10 months. That was backed by the Division of Higher
Education of the same Faculty of Medicine, the Attorney
General of the Federal District and the Forensic Service
of the Federal District.
Professors such as Samuel Garcı́a, Enrique C. Aragón,
Francisco Castillo-Nájera, Luis Gutiérrez and José
Torres-Torija have been heads of the Forensic Medicine
class, and Francisco Osorio, Xavier López-Portillo, José
Alfaro, Aurelio Becerril, Alfonso Millán, among others,
have been associate professors, during the 20th century
(Torres-Torija, 1939, pp. 223–242).
Francisco Flores y Troncoso, in his book Historia de la
Medicina de México, recorded names of the authors of the
textbooks used at the National Medical School. These
authors are Joseph Michel Briand, Louis Bayard, Peyró y
Rodrigo, Pedro Mata-Fontanet, Johann Ludwig Casper,
Briand y Chaudé and Hidalgo y Carpio y Paulier y Hetet
(Flores y Troncoso, 1982, 744–745). In the early 20th
century some of these authors continued their work, following Medicina Legal by V. Balthazard and Ch. Vibert
(Torres-Torija, 1934, pp. 1–15). Toxicologı́a Médica written by Mateo Orfila was used at the National Medical School during the mid-19th century (Fernández del
Castillo and Castañeda Velasko, 1986).
The Hospital Rubén Leñero was founded in 1943 and has
been a prominent center of forensic activities in Mexico
City. It was named after Dr. Rubén Leñero who died
heroically after being infected by a patient who suffered
from typhus.
In 1958 the Medical Faculty of the National University
updated the subject’s program, and by agreement of the
Technical Council (as mentioned above) Legal Medicine
was given the designation of Forensic Medicine.
The Rubén Leñero Hospital had a Public Prosecutor’s office to facilitate the intervention of medical
experts, and since 1960, it was authorized to conduct
autopsies, similar to the hospital that depended on the
General Direction of Medical Services of the Federal District, Emergency Hospitals Xoco and Balbuena, which
received authorization in 1962.
The construction of the Forensic Service building in
Mexico City was ordered in 1960 by the Federal District Department, under the direction of the architect
Leónides Guadarrama.
In Mexico there are high quality forensic services,
such is the case of Guadalajara, Jalisco, which since 1998
has the Jalisciense Forensic Sciences Institute. There are
others in Monterrey, Toluca, Culiacán, Veracruz, etc.
In 1971 campaigns for the professional improvement
of the medical experts were organized at the port of Veracruz; during that same year the Colegio de Médicos
Forenses del Estado y de la República Mexicana (School
of State and Country Forensic Physicians) was founded.
Also in Veracruz, the Forensic Institute of the Veracruz
University was founded, in 1974,
At the Medical Service of the Federal District Department a Course for Specialization and Masters in Legal
Medicine was organized, in 1974. It was taught by the
Legal Medicine Association, with recognition from the
National Autonomous University of Mexico (UNAM),
which is the institution that since 1986 has recognized
and endorsed this specialty as a formal postgraduate
course with a two year residency.
In that same year, 1974, public statements made the
authorities understand the need to modify the specialty
in this area of medicine. It was then decided that forensic
medics were improvised, and that specialists in psychiatry, toxicology and other branches of medicine were
indispensable; this was instigated by Miguel GilbónMaitreit, who had started at the Federal District Forensic
Service in 1936 and had retired in 1974, after 38 years
of service.
By 1980 the Forensic Medicine Masters program
began at the Military School for Health Graduates,
founded and coordinated by Mario Alva-Rodrı́guez.
The practice of forensic science in Mexico
The Specialty in Forensic Medicine began in 1984, and
was held at the Federal District’s Forensic Service, with
the academic support of the Graduates Section of the
Superior School of Medicine of the National Polytechnic
Institute, also under Mario Alva-Rodrı́guez. In the same
way courses on forensic odontology, forensic anthropology and embalming techniques were conducted for the
first time.
The 1st World Congress of Forensic Medicine was held
in Mexico, at the city of Queretaro, in 1994, with lecturers from Europe, Asia, Latin America and the USA. as
well as from Mexico.
Forensic Medicine, in Mexico, has reached such a
level of excellence that on 25 January 2013, the Honorary University Council of The National Autonomous
University of Mexico approved the study plan for the
bachelor degree in Forensic Science. The medical faculty
of this University has initiated formal courses in this
branch of knowledge.
20.2.1 Current practice and new
developments of death investigations
in Mexico
Mexico is a Federal Republic with 31 States and one
Federal District. The States are partitioned in a variable
number of “Municipios” (regions), each with its own
government, importance and size. The Federal District,
also known as Mexico City, is the country’s capital (8.8
million inhabitants). Each State and the Federal District
have their own laws and legal dispositions, but all are
very similar with some specific differences; nevertheless
they operate autonomously and all of them follow the
medical examiner system.
The medical examiners, called “peritos” or experts
in forensic or legal medicine, work in official facilities
known as Forensic Medical Services (SEMEFO). In
the States they are, in general, under the jurisdiction
of the corresponding State Attorney General’s Office,
but in the Federal District they are under the Superior
Tribunal of Justice of the same city. In both locations
the medical examiners conduct autopsies and practice
clinical forensic medicine.
20.2.2 Autopsy conduction
The autopsies are authorized by the District or State
Attorney and are mandatory. The most frequent cases
are: transit accidents, homicides, suicides, sudden and
unexpected deaths, deaths without medical attendance
207
or charged as a result of malpractice; and exhumations
with or without a previous autopsy.
Occasionally, in cases of inpatient death in private
hospitals, the families may request an autopsy from the
Attorney General’s Office, which is then performed by
the SEMEFO.
20.2.3 Crime scene investigation
When a death is reported to the “Ministerio Publico”
(Prosecutor’s Office), there is an initial forensic scene
investigation by a team made up of the prosecutor as
the head, some police investigators who interrogate
witnesses, explore the site and arrest suspicious persons, and criminalistic experts such as a forensic photographer, a field criminalist, a fingerprint specialist, a
chemist, a ballistics expert and so forth, depending on
the case. A forensic physician in attendance confirms the
death, detects external injuries and diagnoses the probable time of death.
From the obtained data the prosecutor may decide
to order a forensic autopsy. At this point the body is
transferred to the morgue. The body usually undergoes
necropsy within a couple of hours of arrival.
20.2.4 Autopsy procedure
The law requires that two forensic physicians sign off
on each autopsy report, so often one of them performs
the procedure while the other takes notes. They are
assisted by an autopsy technician and a forensic photographer. Whenever they consider it necessary, they ask
the pathologist to be in attendance or any other of the
forensic specialist on staff to discuss a point, give a suggestion or take a sample to the lab.
All autopsies include a complete external and internal
examination. The description of the injuries is detailed
and made to assess the type of agent involved. It is also
intended to estimate the time of death. In certain cases,
X-rays are obtained, either before or during the course
of the dissection.
Following external examination and photography,
the intracranial anatomy and pathology are studied.
After dissection of the central nervous system and
removal of the dura mater for viewing of the intracranial skeleton, the thorax and abdomen are approached
via a midline incision. The oropharyngeal structures and
neck organs are examined in situ, then excised together
with the thoracoabdominal viscera. During dissection,
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Chapter 20
photographs are taken of significant findings. Histological specimens, toxicological and DNA samples are also
collected. Autopsy reports specifying the mechanism of
injuries, mechanism of death and possible cause of death
are dictated immediately following the necropsy, and are
usually signed within hours.
Death certificates in Mexico contain all the demographic information usually present on death certificates in many countries, because they are in accordance
within the guidelines of the World Health Organization. There is a separate death certificate in cases of fetal
demise, which includes data on maternal health and gestational course.
The question arises as to how histological and toxicological results are included in the death certification,
when those studies may take two or three weeks to
be completed. This problem is solved by the convention of using “visceral congestion” as a cause of death
in cases where it is not readily apparent by results of a
gross autopsy examination. When toxicology and histology results become available, the cause of death may
then be amended by “amplification of the report”, so
that this will read: “visceral congestion due to acute
heroin intoxication” or “visceral congestion due to lobar
pneumonia”.
This convention substitutes for the diagnosis of “undetermined”, which is very rarely used. The manner of
death (homicide, suicide, accident or none of the above)
is also noted on the death certificate, as is the “opinion” of the forensic physician, but final certification of
the manner of death is made by the Attorney General’s
Office.
The whole process works quickly, so that the family
of the deceased can usually receive the remains within
one day of the death. The driving force behind this rapid
turnaround time is the National Commission for Human
Rights acting on the behalf of the families of decedents.
20.2.5 Clinical forensic medicine
The medical examiners evaluate injuries, illnesses and
disabilities of individuals where the apparent cause is not
of a natural origin. In addition to their clinical examination, they can order any kind of lab tests and radiological
studies needed. They provide impartial documentation
and testimony on the nature, extent and sequel of physical and mental injuries to living persons.
The clinical forensic examinations include, for the
most part, the following cases: wounds and their sequels,
sexual assaults, women coming from recent abortion,
injuries indicative of familial violence or torture, symptoms of poisoning or drug abuse, mental evaluation of
crime victims and the victimizers. Some medical examiner’s offices have psychiatrists and psychologists on the
staff to determine the mental competency of accused
perpetrators and for the psychological autopsies of
decedents.
Sometimes the clinical case is so complex that it surpasses the competency of the medical examiner. In such
cases, the medical examiner asks the General Attorney’s
Office to designate a suitable specialist who can be found
at a hospital, an institute or university.
20.2.6 Work setting
Generally the medical examiners work in shifts; these
could be of four, six or eight hours a day, depending
on the organization of the different forensic services
(SEMEFO). At any given time, even beyond work hours,
they respond to emergency calls, for example, in cases of
multiple victims from a catastrophe.
The forensic services work every day of the week,
throughout the year. In many cases they conduct autopsies during the night, especially if there is any legal or
investigative urgency.
Of course there are many differences between the
SEMEFOs throughout the Republic. At the first level are
the ones pertaining to the Federal District and to the
capital cities of the most important states. These have a
sufficient number of medical examiners, the majority of
them accredited with a specialty in forensic medicine.
They also rely on forensic anthropology and forensic
odontology specialists.
They are lodged in appropriate buildings, some being
fairly new, with photography, criminalistics and toxicology, DNA and pathology laboratories. The toxicology
laboratory performs screen testing by immunoassay and
then does quantification tests by gas chromatography–
mass spectrometry and mass spectrometry–mass spectrometry. Toxicological results are usually available
within two to three weeks. The DNA laboratory uses
a polymerase chain reaction for amplification of samples and then automated sequencing for quantification
of the 13 CODIS loci for identification and amelogenin
alleles for sex determinations. They also count on forensic anthropology and forensic odontology specialists.
It is important to explain that medical examiners,
with exceptions, are not specialists in pathology. So
The practice of forensic science in Mexico
when they perform the autopsy, they send the selected
organs and tissues to the pathology lab, where a certified
pathologist on staff, processes the specimens and reports
the findings.
At a second level there are the SEMEFOs with a
nucleus of medical examiners and some of the aforementioned laboratories and collaborators. When they
need some tests outside their capabilities, they ask for
support from the adequate institution at the State or
even from the Federal District.
Finally, at a third level, there are the small units with
few medical examiners, sometimes only one or two, an
autopsy technician and, maybe, a photographer and a
field criminalist. These units may request help from the
upper levels, which may send personnel or ask for the
transfer of the body. Fortunately, because they are in
small communities, criminal cases do not often happen.
20.2.7 Role in court
In Mexico an arrested individual is presumed innocent,
with the burden of evidence being on the State to prove
culpability. The prosecution and defense present their
cases before a judge who must then weigh the evidence
and give a verdict.
Until now the Mexican judicial system tries an individual with a judge only, but that is changing progressively, because of the new laws that will be implemented
throughout the Republic in the course of seven years,
having an adversary system and a jury system.
The medical examiner in his or her role as official
expert can be summoned by the judge to clarify doubts
or to discuss face to face with the opposing expert. This is
done under the system of full disclosure and therefore all
the files are available to both parties. The medical examiner is called by the judge, but he is independent and he
has the right to sustain his technical conclusions.
20.2.8 Training and certification
Since the 1980s, to qualify as a legal medicine specialist it
is mandatory to have, at the very least, two years of graduate training. For that purpose, there are several postgraduate courses promoted by universities and schools
of medicine that count on the full support of the SEMEFOS of the Federal District and of the most important
States. These courses are formal, with a competent faculty, a complete program, practical activities and periodical evaluations.
209
There is a so-called Mexican Board of Legal and
Forensic Medicine that certifies the newly graduated
from the above-mentioned courses. This certification is
valid for five years, after which another examination is
required for recertification.
20.2.9 Education
Education is very active at all the national SEMEFOs.
They receive medical and law students at both preand postgraduate levels, criminalists, police investigators, odontology and anthropology professionals and
students from other disciplines. The students have access
to laboratories, mortuaries and other installations and,
on certain occasions, they participate with the professors
as assistants. The idea is to give a predominately practical
education.
As sources of learning, students use modern textbooks, journals and the Internet. The books on forensic medicine are not only from Mexican authors but also
from South American, American and European authors.
20.2.10 Working relations with
other personnel
The Medical Examiner’s Office personnel have constant
and close contact with the field criminalists, law enforcement personnel, as well as with those corresponding to
the forensic sciences laboratories and public hospitals. In
general this relationship is productive and cordial.
20.2.11 Final considerations
After a long period of empirical practice, Mexico now
relies on modern forensic medicine. The medical examiners are required to have graduated from a formal and
recognized specialty course.
The Medical Examiner’s Offices are, for the majority, lodged in adequate, sometimes even new, buildings.
The laboratories have better equipment and well-trained
personnel.
Currently forensic medicine activities are receiving an
increased recognition from the legal authorities, from
the medicine and law professionals and from the public in general.
Medical examiners in Mexico are working closely with
forensic scientists and are asking for even better installations and lab equipment to enable them to keep pace
with scientific advances and to produce better results in
the field of justice, as requested by society at large.
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Chapter 20
20.3 The practice of criminalistics
in Mexico
Throughout the 16th, 17th and 18th centuries, the
forensic investigation of crimes fell to civil authorities
or judges, who with the help of police and, if warranted, doctors, received evidence or went to the place
where the crimes were committed. With the global rise
in science in the 19th century, professionals in physics,
chemistry, biology and pharmacology contributed their
valuable knowledge.
In the second half of the last century to these were
added the forensic arsenal: fingerprinting, the various
methods of identification of people (as influenced by
Alphonse Bertillon’s studies), as well as ballistics and
toxicology. It has been in the early 21st century, however, that laboratories have been instigated and official services, usually assigned to the prosecutor’s offices
of the States and the Federal District, have been given
greater formality and several of the different branches
of Criminalistics have developed.
In 1904 Carlos Roumagnac, police investigator and
journalist, received a report on the fundamentals of
anthropology based on studies made at Belem prison,
and in 1907 he founded the Servicio de Identificación de
la Inspección General de Policı́a de la Ciudad de México
and published Elementos de la Policı́a Cientı́fica (FrancoAmbriz, 1999, pp. 14–20).
In 1914 the fingerprint specialist, Luis LugoFernández, founded in the city of Merida, in the
State of Yucatan, the Bureau of Identification, which
was named Departamento de Identificación Dactiloscópica and later called Departamento de Registro
de Identificación de Delincuentes; much later it was
named by Ernesto Abreu-Gómez the Bureau of Identification and Forensic Services or Dirección de Identificación y Servicios Periciales (Franco-Ambriz, 1999,
p. 15).
In 1920, in Mexico City, Professor Benjamin A. Martinez created the Office of Identification and Forensic
Laboratory of the Police Headquarters. He wrote the first
known manual on Police and Judicial Scientific work:
Dactiloscopı́a, Mis Lecciones y una Guı́a del Operador Dactiloscópico (Franco-Ambriz, 1999, p. 20).
In 1935 a Scientific Police College was established and
in 1938 José Gómez-Robleda, as Director of Expert Services, added Criminology to the Attorney General of
the Federal District and Federal Territories, as Escuela
Policial de Investigación Cientı́fica. In the Directorate
of Forensic Services of the Federal District several specialties were integrated into Criminalistics: questioned
documents, ballistics, valuation, transit, fires and explosions, and the Crime Laboratory and judicial identification were consolidated.
In 1938, in the city of Toluca, Estado de Mexico, José
Rodrı́guez-Sandoval founded the Bureau of Identification and Criminal Police Headquarters, which in 1954
became a Crime Laboratory.
In 1955, in the State of Jalisco, the Laboratorio de
Investigación was created. In addition to fingerprint profiling, ballistics, questioned documents and the investigation of fires were added and in 1977 the Directorate
of Forensic Services was founded.
In 1959, José Amezcua-Manjarrez founded the
Forensic Laboratory of the State of Chiapas. In 1960, he
founded the Laboratory in Michoacan and in 1968 in
the State of Durango (Franco-Ambriz, 1999, p. 18).
In 1961 the Technical Forensic Training Institute
under the directorship of Dr. Salvador Iturbide-Alvı́rez
was created.
In 1971, Dr. Rafael Moreno-Gonzalez as Director of
Forensic Services of the Attorney General’s Office of
the Federal District and Federal Territories upgraded the
facilities and equipment, and implemented new techniques. He counted on the help of Dr. Raúl JimenezNavarro (Jiménez-Navarro, 1980, pp. 15–17) as head
of the Department of Scientific Research, the chemist
Martha Franco-Ambriz (who later wrote the book Hematologı́a Forense) (Franco-Ambriz, 1984, p. 14), the dactiloscopyst Arminda Reyes-Martı́nez (Reyes-Martı́nez,
1977, pp. 1–16) and the photographer Julio TiburcioCruz, as well as other collaborators.
In 1977, Dr. Rafael Moreno-González published the
book Manual de Introducción a la Criminalistica (MorenoGonzález, 1977, p. 15), which was followed by many
more texts on various themes of the forensic sciences.
He also participated as a distinguished Criminalist and
Professor in numerous courses, lectures and meetings.
In 1976, the National Institute of Penal Sciences was
inaugurated, and with great breadth of vision has held
numerous training events for forensic science personnel.
Many prosecutors’ offices of the various States (which
depend on their respective Forensic Services) have created their own professional training institutes, and are
a constant source of generations of new experts in all
branches of forensic science.
The practice of forensic science in Mexico
In 1981, in the State of Puebla, la Dirección General
de Servicios Periciales was born.
On 19 September 1985, the country suffered a devastating earthquake that affected a large number of buildings. The facilities of the Forensic Services of the Federal District were destroyed along with lab computers.
This resulted in an urgent need for new equipment
which meant (on top of everything else) getting data
up to date. The following were acquired, among others:
spectrophotometers, ultraviolet and infrared light, an
atomic absorption spectrophotometer, a gas chromatograph, equipment for automatic processing of photography and an immunoassay kit with a scanning electron
microscope X-ray analyzer.
Later an Automatic Fingerprint Identification System
(AFIS) was implemented and by 1994 the Laboratory of
Forensic Genetics was launched. It is worth noting that
in Mexico, criminalistics has been exercised in a unitary
manner, in which there is close collaboration between
experts working in different specialties.
In the major cities these specialties are mostly covered by technicians or specialized professionals, but as
we move to smaller towns, expert services or criminalists have to cover several branches given that the forensic personnel is not available. In these cases support from
professional laboratories is requested to resolve specific
issues.
The following is a breakdown of the different branches
of criminalistics.
20.3.1 Fingerprinting
The country’s forensic laboratories historically had for
the vast majority a fingerprinting unit to which other
specialties were gradually added. Fingerprint experts
became competent after a long period of apprenticeship
with the leading experts who were self-taught and had
forged the way. Little by little guidelines appeared and
in 1977 the book Dactiloscopı́a y otras Técnicas de Identificación by the leading fingerprint expert Arminda ReyesMartı́nez (Reyes-Martı́nez, 1977) could be counted on.
The road of fingerprinting has been a long one; from
finding, cataloguing and the painstaking sorting by the
expert, who was confronted with tokens or cards from
large files, to the present automation of the process
(AFIS), which offers speed and multiple chances of a
successful identification. In Mexico, there are now many
laboratories that have this resource. Experts in this field
are taught in various official institutions and by learned
211
individuals. To become an expert they must sit for an
examination of selection and then are given refresher
courses. If necessary, these experts are called upon to go
before the judge to testify and to clear up doubts on their
opinions.
20.3.2 Questioned documents
Questioned documents have long remained in the realm
of the empirical, as it was not until the 1970s that
it underwent serious systematization. Marı́a de la Paz
Vega-Corona is considered one of the pioneers in the
field, as a trainer as much as an expert. Josefina
Mendoza-Vargas and Elsa Fernández-Brondo developed
a guide for the recommended analysis methodology and
for drawing conclusions. This guide was used for a long
time in the courses offered by the Technical Training
Institute of Criminology Office of the Federal District
(Franco-Ambriz, 1999, pp. 19–20). Later, these courses
were provided at official and private institutions, most
notably the Instituto Nacional de Ciencias Penales and the
Institutos de Formación Pericial de las Procuradurı́as and Universities throughout the country.
The recruiting experts are subjected to an entrance
exam and are offered periodical refresher courses. They
also may be asked to appear before the courts to defend
their opinions.
20.3.3 Ballistics
The study of firearms and projectile weapons has
evolved from the 18th century, in which the same basic
visual inspection was made, through the use of simple
microscopes, to increasingly sophisticated comparisons,
to the latest computerized technology (IBIS).
As in the above-mentioned disciplines, to be employed in the Forensic Services one is required to have
taken accredited courses at recognized institutions (that
typically add military retirees, from the service of war
materials), which in any event are continuously updated
activities. It goes without saying that they are expected
to come before the judges, if needed.
20.3.4 Traffic accidents
In this section accidents in land, air and water vehicles
are studied. The experts are professionals in mechanical engineering related to the type of vehicle. They also
receive courses and training for research on the methodology of accidents; from where they occur, to the reconstruction of the scene, to careful surveys determining if
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Chapter 20
the accident originated due to mechanical failure or if
there was a human error involved.
In this specialty, the usual work of field experts is to
collect evidence such as skid marks, paint chips of the
vehicles, fragments thereof, etc., to be sent to an appropriate laboratory. It is also the routine activity of the
forensic photographer. If multiple deaths are recorded,
medical experts intervene.
the text entitled Materia de Toxicologı́a Forense that contributed to the improvement of this important branch
(Jiménez-Navarro, 1980, pp. 15–17). Today’s experts are
skilled professionals with a high level of competence.
Of course, not all geographic locations have the
expensive sophisticated equipment necessary. Here
again, there are varying degrees of competence and
there may be cases where they solicit aid from other
institutions.
20.3.5 Field criminalistics
Specialized experts in the methodology are required to
go to the place where a crime took place. Usually several of them go as a team to the crime scene; it consists
of a forensic, chemical and ballistics expert, a photographer, a fingerprinting expert, a forensics expert, etc.,
depending on the crime involved in each case. They collect all kinds of evidence, pack it and label it, and initiate
a chain of custody that is destined for the laboratory that
such materials require. This is a truly multidisciplinary
work, in which the experts are constantly updating their
knowledge.
20.3.6 Forensic chemistry
The laboratories are well equipped in the State capitals
and in Mexico City. The provision in smaller and less
important cities is less varied and in some cases only has
equipment for basic tests. When the need is beyond the
scope of these places, they ask for help from senior levels
within the expert system.
An equivalent phenomenon occurs in regard to specialized technical personnel who, in most cases, have a
previous career in the field of chemistry. At the start
of their careers they are trained in the preparation of
reports for the judicial authorities, as well as the behavior to be observed when they are required to go to the
scene of the crime.
20.3.7 Toxicology
As part of chemical laboratories or specialized laboratories working on the identification and quantification
of drugs, drug abuse, pesticides and poisons in general,
they count on equipment that can detect these substances, even in minimal concentrations.
Before advances in technology, in the early laboratories, color development reactions, thin layer chromatography and crystallography were used, which at the time,
and with the dedication of the experts, yielded useful
results. In 1980, Dr. Raul Jiménez Navarro published
20.3.8 Fires, explosions and
building collapses
These areas have qualified professionals, who are able
to make good field studies, draw correct conclusions
regarding the causes, sequence the events and results
of such disasters, and finally write technical reports that
are useful to the judicial authorities in front of whom
they may be called to testify. These experts often participate in meetings and refresher courses in their field
of work.
20.3.9 Disaster preparedness
In Mexico the government has implemented a National
Center for Disasters Prevention, which intends to apply
the technologies for the prevention and mitigation of
natural and man-made disasters. Many official institutions participate to this purpose, particularly the Army
with its Plan DN-III-E in protection of the civil population. Of course the Forensic Services collaborate in those
actions whenever they are requested.
20.3.10 Forensic genetics
In Mexico, the application of genetics to forensic investigation is very recent, dating from the late 20th century,
and due to the high cost, is limited to senior institutions
that are located in Mexico City and in some State capitals. However, the profitability of DNA technology is well
known and it is relied upon with increasing frequency,
which means the number of laboratories that can have
such a valuable resource will, in the near future, increase
in the country.
In functioning genetic laboratories specialized personnel perform their duties with efficiency and reliability.
To date the most frequent use of genetics is for the
identification of live and dead persons and establishing
paternity.
The practice of forensic science in Mexico
20.3.11 Specialties of limited development
In Mexico there are some specialties that are underrepresented in institutional laboratories, namely,
entomology, psychiatry and digital sciences and multimedia in a forensics application. Except for a small
number of expert services (particularly located in the
city of Mexico), laboratories do not count on specialized
personnel in these disciplines. When studies are needed,
they collaborate with other agencies or hire qualified
people from the private sector.
20.3.12 Final considerations
Forensic science in today’s Mexico gets the attention
it demands. It is important that laboratories develop
in varying degrees, according to their geographic location, ranging from laboratories in Mexico City to the
State capitals to the minor towns of these States. However, there is ongoing concern that the staff recruited
only has a minimum of training needed for the tasks
they are expected to perform and, once hired, that they
cannot count on regular activities that lead to constant
improvement.
20.4 Practice of physical
anthropology in Mexico
The remotest antecedent in this field is the Department
of Anthropology of the Penitentiary in the Puebla State,
Mexico. It was founded on 2 April 1891 by Dr. Francisco
Martinez-Baca and Dr. Manuel Vergara. They made
meticulous measurements, statistics, photos, etc., and
published the results in 1892 (Rodrı́guez-Manzanera,
2013, pp. 404–405).
By the mid-20th century few marginally scientific articles relating to Physical Anthropology and
Criminology were published: Breves notas Acerca de la
Colección de Cráneos de Delincuentes del Museo Nacional
by Javier Romero-Molina (Romero-Molina, 1939, pp.
167–176), La Criminologı́a y una Técnica de Craneologia
Constitucionalista by Anselmo Flores (1945), Ensayo de
Antropologı́a Criminal el Reclusorio de Perote, Veracruz by
Felipe Montemayor-Garcı́a (Montemayor-Garcı́a, 1995,
pp. 35–58) and Craneologı́a y Criminologı́a by Anselmo
Marino-Flores (Marino-Flores, 1964, pp. 123–146).
One work published in 1973 with the title Método
de Superposición Radiológica Craneal con Fines de Investigación Identificativa by Luis Vargas-Guadarrama and
213
Mario Alva-Rodrı́guez (Vargas-Guadarrama and AlvaRodrı́guez, 1973, pp. 353–358) and another, Aspectos
Anatómicos del Método de Superposición Fotográfica Caracráneo con Fines Identificativos by Mario Alva-Rodrı́guez
(Alva-Rodrı́guez, 1974, pp. 5–12) could be the obvious
way of connecting the two disciplines: Criminalistics
and Physical Anthropology (Romano-Pacheco, 2003,
185–186).
In 1975, the Laboratorio de Investigación Criminal de
los Servicios Periciales de la Procuradurı́a de Justicia del
Distrito Federal received human remains that were in
an advanced state of putrefaction, partially skeletonized,
among which a human head was found. The Director of
Forensic Services, Dr. Rafael Moreno-González, at the
suggestion of Dr. Felipe Pardinas, Anthropologist and
Philosopher, invited the Master Physical Anthropologist, Arturo Romano-Pacheco, to undertake the study
of the remains (Romano-Pacheco, 2003, p. 188). From
this case, Professor Romano was called upon to act as an
expert witness, whenever any corpses, skeletons or parts
thereof came to the institution that had not been identified previously and those for which the cause of death
was not known.
This prompted interest from other Forensic Services
that were interested in having this specialty and this gave
rise to numerous courses in Mexico City and in several
States, some of which were with the valuable participation of experienced Physical Anthropologists Douglas H.
Ubelaker, Ted A. Rathbun and John W. Verano. Later
(in 1997), the National Institute of Forensic Science,
under the guidance of Physical Anthropologist Dennis
C. Dirkmaat, held a course on techniques for locating
and the recovery of cadaveric remains of clandestine
burials.
To date there are now many laboratories that have
at least one physical anthropologist, or, lacking one,
hire a specialist to solve specific cases or ask the support of institutions of such specialty. Experts in forensic physical anthropology have the corresponding title
and have completed one of the many courses at various
public universities, prominent among which are those
offered by the Institute of Anthropological Research of
the National Autonomous University of Mexico.
In 1993 an agreement was signed between the Attorney General of the Federal District and the National
Autonomous University of Mexico to study the physical
characteristics of the face of the Mexican. Anthropologists traveled all over the country to take pictures of the
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Chapter 20
face and profile of many people from diverse communities, including indigenous groups, mestizos and creoles. In a brief interview an information card stating age,
sex and place of birth of the person and his ancestors
was filled. Color photographs, accurately obtained, were
subjected to sharpness and digitized studies. Phenotypic
variables of facial features, with metric, morphological
and pigment data were recorded. Metric data and angles
to 145 variables for each subject were obtained, which
was useful for computerized facial reconstruction as well
as to predict the changes of aging individuals. Thus a catalog of Mexican faces was obtained in a single computer
image, which reflects the face of a single subject. It is an
example of our heritage and a way of locating people.
From then on, this study was to be known as “the face
of the Mexican”.
20.5 The practice of forensic
dentistry in Mexico
After the recognition of the usefulness of dentistry in
criminal investigation in the second half of the 20th
century, Forensic Services began incorporating dental
professionals. In 1987, the first course in Forensic Dentistry was held at the Servicio Médico Forense del Tribunal Superior de Justicia del Distrito Federal under
the guidance of the prestigious forensic odontologist Dr.
Thomas C. Krauss. Following this course, similar ones
appeared in the same city and in various States (particularly in Querétaro). In the year 1990 and supported
by the Autonomous University of Querétaro, the first
formal postgraduate course in the specialty in forensic
odontology was held, with a curriculum that lasted for
two years.
Today, many Forensic Services have on their staff dentists who are dedicated to the specialty, practicing routine dental examination and applying the results for
identification purposes. The boom this specialty received
expanded the scope of the clinical observation of bites
in cadavers and living persons, which has already led
to locating the aggressor in many cases and making the
information available to the authorities.
Dental schools around the country introduced forensic dentistry into their curricula, and institutions and
private organizations have offered training and upgrading courses in the art. It has been shown that in cases
of accidents or natural disasters, as well as clandestine
burials, the participation of expert forensic dentists is
already required.
20.6 The practice of criminology
in Mexico
In Mexico we often turn to the science of criminology
as an important auxiliary for the administration of justice. There are multiple definitions of this science, but
in this paper we present a relatively simple definition,
which has the advantage of demonstrating the lines of
work of an expert criminologist: criminology is the science that is responsible for (a) the study of crime as a
human and social behavior, (b) the investigation of the
causes of crime, (c) crime prevention and (d) the treatment of offenders (López-Vergara, 2000, pp. 17–20).
From these four components we can deduct which
objectives will be of use to the criminologist, so that
he may assist in solving the problem. For example, an
objective is that the offender should be studied comprehensively (as a whole, since this is the only way to
individualize sentences and accurately point out the necessary treatments).
Dr. Francisco Martinez-Baca and Dr. Manuel Vergara
were the first to make criminological studies of criminal
and military men in Puebla, Mexico, and published their
findings in 1899 (Rodrı́guez-Manzanera, 2013, p. 405).
In 1929, Dr. José Gómez-Robleda, when he was Director of the Medical Section and the Laboratory of the
Supreme Council of Defense and Social Prevention,
integrated criminological medical records (VillarrealRubalcava, 1987, p. 175). Dr. Alfonso Quiroz-Cuarón
was the first graduate of Criminology, at the National
Autonomous University of Mexico, in 1939 (Rodrı́guezManzanera, 2005, p. 144). Both professionals worked
together on a series of crimes with great social impact
and their conclusions led, decisively, to the discovery
and the punishment of the corresponding perpetrator.
They were persistent promoters of the discipline and
spread it through conferences, courses and publications.
Professors Raúl Carrancá-Trujillo (Carrancá-Trujillo,
1955) and Hector Solı́s-Quiroga (Solı́s-Quiroga, 1962)
published, respectively, books about Criminal Sociology,
which have had an important impact in the field of
criminology.
The first edition of Criminologı́a by Dr. Luis Rodrı́guezManzanera, who has had a distinguished career as
The practice of forensic science in Mexico
a Professor and Investigator, was published in 1979
(Rodrı́guez-Manzanera, 1979).
In 1971 Professor Javier Piña y Palacios took over the
Technical Institute of the Federal District Justice Attorney and three years later he was able to set the postgraduate criminology specialty in motion, which was
upgraded to a Master’s program in 1978 (VillarrealRubalcava, 1987, pp. 177–178).
In 1976 the National Institute of Penal Sciences was
officially established, which in the short term and to
date has been providing the Master’s program of this
discipline, as well as in other areas of criminal sciences
(Villarreal-Rubalcava, 1987, p. 178).
Moreover, the Autonomous University of Nuevo León
instituted a degree in criminology in 1974, which has
been an example for the implementation of this career at
other institutions of higher education across the country
(Fernández-Sánchez, 2005, pp. 52–54).
As seen, throughout the 20th century and the beginning of the current century, criminology has received
great interest in Mexico. It should also be mentioned that
its scope has widened, as in the case of professional care
to victims of crimes and to those imprisoned in correctional facilities.
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C H A P T E R 21
The Netherlands
Arian van Asten, Wim Neuteboom, Sijtze Wiersma & Zeno Geradts
Netherlands Forensic Institute Ministry of Justice, Den Haag, The Netherlands
Netherlands
21.1 History
It is generally agreed that modern forensic science
started in the beginning of the 20th century with the
work of Edmond Locard, Alphonse Bertillon, etc. In
those days, the daily practice of forensic science was
organized quite differently from how it is today. The
work was done by individual scientists without the support of or embedding in a forensic science institute. In
those days the forensic scientists were pioneers.
The history of forensic science in The Netherlands
is similar to those in most other European countries.
Before World War II, a limited number of Dutch scientists was active (mostly part-time and not as a day
job) in what is now called the forensic domain. A wellknown name is Co van Ledden Hulsebosch, a pharmacist
in Amsterdam, who did his first case in 1902 without
any experience after a desperate request from a prosecutor. He wrote his memoirs on 40 years of forensic
practice in 1945. This amusing book (Hulsebosch, 1945)
without any scientific pretensions has become a classic in
The Netherlands. Emile van Waegeningh (1870 – 1944)
(Van der Pol and van Boxtel, 2010) was a multitalented
man (pharmacist, military, inventor, business man) who
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
217
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Chapter 21
contributed substantially to the developments of scientific photography. Police and Judiciary consulted
him frequently for these skills with sometimes striking
results. Finally, the University of Leiden must be mentioned. Its Faculty of Toxicology (Professor Van Itallie)
had a very good reputation regarding forensic toxicology, although it was not its core activity.
A few weeks after the end of World War II in The
Netherlands (5 May 1945), a national forensic laboratory (in Dutch: Gerechtelijk Laboratorium1 ) was established as part of the Ministry of Justice. At that time the
Ministry of Justice was preferred over the Ministry of
Home Affairs (supervising the police forces already). It
was presumed that these separate responsibilities would
guarantee a more independent position for the newborn institute. The first director was Wibo Froentjes,
who held this position till 1974. In 1949 another forensic institute was established in the same building: the
Laboratory of Forensic Pathology2 . Jan Zeldenrust was
the director and worked till he was over 80 years of
age. Both men are recognized as the founding fathers
of forensic science in The Netherlands. In 1999 the two
institutes merged and the new name became the NFI
(NFI, 2013). It can be called remarkable that their separate status had lasted over 50 years.
From the very start, the NFI was welcomed enthusiastically by prosecutors and judges, as well as defense
lawyers. It was emphasized as an important improvement that a forensic institute was in place within the
criminal justice system. Its independent and neutral
position – truth finding was and is the driving force –
was seldom questioned.
During the past decades the NFI has developed
steadily in terms of scope of expertise fields, number of
employees (from 15 in 1950 to 650 in 2014), adequate
premises and budget.
The NFI has been the only forensic institute in The
Netherlands for a long time, except for some specialized disciplines. It was not a monopoly position laid
down in the Dutch law, but no initiatives were taken
by anybody else to establish another forensic institute.
This situation changed at the beginning of the 21st
century when other, smaller forensic institutes were
established.
Finally, the stimulating role of the NFI in the early
1990s as a founding member of the European Network
of Forensic Science Institutes (ENFSI, 2013) must be
remembored. The aim of the NFI to create a European
platform for forensic scientists as well as directors of
forensic institutes has been fully met.
21.2 Types of Cases
In the Netherlands several forensic laboratories are
active. The government laboratory is the NFI where
approximately 90% of the forensic cases are handled.
Due to this circumstance, the following overview gives
a representative reflection of the Dutch situation. In
recent years private labs have entered the forensic market. In several fields of expertise the police will also do
investigations, such as fingerprints and digital evidence.
For civil cases a wider range of private services for insurance companies exists.
21.2.1 NFI
The NFI covers a wide range of expertise, ranging from
chemical identification to medical forensic investigation
and from digital to human biological traces. However,
Psychiatry and Odontology are not included in these.
The NFI is composed of several departments for forensic analysis. Since the organization has a different structure in terms of defining and naming the expertise field
compared to the AAFS sections, the links to the different
sections are shown in this paragraph.
Within Digital Technology and Biometrics the digital section has expanded very rapidly in the last few
decades and contains the following fields of expertise: digital technology ranging from investigations or
computers, interception, data analysis, mobile (smart)
phones, GPS systems, silicon chip forensics and intelligent data analysis (AAFS: Digital and Multimedia
Sciences).
1
The name Gerechtelijk Laboratorium has been changed a number of times, the latest being the Nederlands Forensisch Instituut
(NFI) in 1999. For reasons of convenience, the name NFI is always used in this chapter, even if the actual name of the institute was
different at the particular time.
2 This institute has also changed its name a few times before it became part of the NFI.
The Netherlands
The biometric part consists of a document and investigation printer, machine and hand writing (AAFS:
Questions Documents), finger marks (Criminalistics),
speaker audio analysis (AAFS: Digital and Multimedia
Sciences), image analysis and biometrics (AAFS: Digital
and Multimedia Sciences) and traffic accidents (AAFS:
Engineering).
The Department of Forensic Chemical Investigation
is composed of a variation of expert fields: chemical
identification research (AAFS: Criminalistics) ranging
from fire investigation, tear gas and pepper spray
investigation, comparison of fuels and oil products and
other chemical identification investigation, explosions
and explosives (AAFS: Criminalistics), a toxicology
laboratory where the analyses for the toxicology department are conducted (AAFS: Toxicology), narcotics
(AAFS: Toxicology/Criminalistics), systematic drug
analysis, drug comparison and investigation of drug
manufacturing plants.
The Front Office has a central Front Desk for the
administration of cases that enter and exit the institute,
where a separate team gives forensic advice. The Mobile
Forensic Team works on the crime scene on request from
the prosecutor or police. Furthermore, forensic archeology (anthropology), environmental waste and risks of
fire, technical and material research (Engineering Sciences) are located in this department.
The Human Biological Traces Department (AAFS:
Criminalistics) has the expert groups on biological traces,
DNA research, examining blood trail pattern research
and relationship testing.
The Department of Medical Forensic Investigation has
the product groups of forensic anthropology (AAFS:
Anthropology), forensic pathology (AAFS : Pathology
and Biology), forensic medicine (AAFS: Pathology and
Biology), forensic toxicology (AAFS: Toxicology) and a
photo service.
The Department of Micro Traces (AAFS: Criminalistics) analyses glass and tape, gunshot residue, paint,
fibers and textiles, nonhuman biological traces, striation
and impression marks and weapons and ammunition.
The Dutch DNA database is a separate organizational
unit within the NFI. This unit also manages the DNA
databases of the Netherlands Antilles and Aruba and the
DNA database for missing persons. The unit performs
comparisons within the cross border exchange of information within the European Union under the mandate
of the EU Prüm Treaty.
219
The number of cases are published in the annual
report 2012 of the NFI (rounded up to 100):
Digital Technology and Biometrics
Forensic Chemistry Research
Front Office
Human Biological Traces
Forensic Medical Examination
Micro Traces
1200
8000
300
1600
2900
1300
21.2.2 Odontology
In The Netherlands regional odontologists are united in
the National Consultation Forensic Odontology (Lofo).
Forensic odontologists also form part of the Disaster
Identification Team (LTFO, 2013).
21.2.3 Forensic psychiatry
The Netherlands Institute of Forensic Psychiatry and
Psychology (NIFP) (NIFP, 2013) is the center of expertise
for forensic psychiatry and psychology. It is a national
service of the Ministry of Justice and Security, incorporated in the National Agency of Correctional Institutions.
The NIFP provides independent psychiatric and psychological expertise (diagnosis, care and advice) to judicial
and social chain partners. In this way it contributes to the
due course of justice, effective implementation of custodial psychiatric care and treatment, and a safer society.
The Pieter Baan Centre (PBC) is the forensic psychiatric observation clinic of the Ministry of Security and
Justice. The clinic is unique due to the fact that it offers
multidisciplinary clinical examination, under strict security, with regard to:
– The suspect’s person
– The degree of legal accountability of the suspect, at the
time of the crimes of which he or she is suspected
– The chance of reoffending.
An examination at the Pieter Baan Centre can lead to a
recommendation to the judiciary on possible treatment.
Approximately 250 suspects are examined at the
Pieter Baan Centre each year. The magistrate or the
judge at the hearing orders the suspect to be placed at
the Pieter Baan Centre, after which the suspect is admitted for seven weeks for observation and examination.
The Pieter Baan Centre can also be involved for (sixyear) extension recommendations of persons held under
hospital order, or for recommendations with regard to
placement in a long-stay department.
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Chapter 21
21.3 Structure
As already stated in Section 21.1, History, the NFI has
been the only major forensic science provider in The
Netherlands for many decades since the late 1940s.
Apart from the NFI, a limited number of others – individuals as well as institutes – were involved in forensic
science. A number of categories can be distinguished.
There have always been a number of private handwriting experts. The main reason was that there was
a need for these experts in cases under civil law. The
NFI was very reluctant to do casework under civil law,
because it had the opinion that its focus should be on
cases under criminal law. Thus a forensic market in this
field arose. Moreover, starting a career as a private handwriting expert did not require the purchase of expensive
instruments. However, the number of private handwriting experts has never been more than seven individuals.
Nowadays, the number is even decreasing because in the
digital era handwriting is of less importance.
For practical and economic reasons the NFI cannot
cover all forensic disciplines. This applies especially for
disciplines that are requested with a (very) low frequency. In these situations, the NFI takes the role of
a broker and liaises with universities or other specialized, technological centers. In the course of many years
this has resulted in a network of specialists who can be
consulted if needed. It is obvious that the NFI scope of
forensic disciplines is dynamic; that is, if the frequency
of “rarely requested” disciplines increases, the adoption of such a discipline by the NFI is considered. Following this approach, forensic archaeology and forensic
knotting have recently been added to the scope of the
NFI.
In Dutch drunk driving legislation, the suspect has
traditionally the right for a second (contra) analysis of
the blood sample by another institute. The suspect can
make a choice out of four selected hospital laboratories
spread over the country. A similar provision was created
in 1994 for DNA analysis. The Department for Human
Genetics of the Leiden University (FLDO) (FLDO, 2013)
is legally assigned to perform the contra-analysis on
the request of the suspect. These two kinds of analyses
(alcohol and DNA) are the only ones for which the
suspect has – under strict rules – the legal right to have a
contra-analysis performed in another forensic institute,
checking the reported results of the NFI. Within the
Dutch jurisdiction, there is not a universal right to have
a contra analysis. If a suspect has serious doubts on the
correctness of the report by the NFI or another forensic
institute, the judge can decide to repeat the forensic
examinations elsewhere.
The identification of fingerprints belongs to the
domain of the Dutch National Police. A specialized
department is responsible for the central, digital database
(AFIS). In 10 regional police stations, spread over the
country, data input facilities are in place; the database
can be consulted on-line at about 150 police stations and
prisons. Currently, the database includes 30,000 million fingerprints and 3 million hand palm prints, which
requires a computer capacity of 30 terabytes. The number of unknown perpetrators in the database is 115,000;
the number of the fingerprints of known individuals is
over 900,000. On the average 250 identifications per day
are done by the National Police.
The privatizing of the forensic institutes in England
and Wales in the first decade of the 21st century had
an influence on the debate in The Netherlands as well.
Voices were heard to follow this approach, that is, to
transfer the forensic institutes to the private sector. Others were of the opinion that a forensic institute is a fundamental part of the national criminal justice system and
should thus be positioned under the full responsibility of
the government. Besides these views, it was also stated
that a monopoly position (whether in the private or in
the public sector) is for reasons of principle not appropriate. Although unintended, the NFI had de facto achieved
a monopoly position. From a legal point of view, there
have never been any objections for having more than
one forensic institute in The Netherlands. The police,
prosecutors and lawyers are free to involve other forensic institutes or experts. It is up to the judge to admit
their conclusions in the court room.
An important reason that other forensic institutes
were not established is due to the funding system. The
NFI is financed by the Ministry and does not charge
its customers (police and prosecution for over 90%).
Potential, new forensic institutes lack the funding by
the Ministry and have to charge their customers. It is
obvious that this situation gives the NFI a great advantage. In spite of the above-mentioned barrier, a number
of new forensic institutes on a commercial basis have
entered the field in the past 10 years. These are the
main ones:
The Netherlands
r Verilabs (Verilabs, 2013) – established in 2002 –
cooperates closely with a series of partner institutes,
e.g. Baseclear and LGC Forensics in the UK. It has
a focus on pathology and toxicology. Furthermore,
Verilabs has the ambition to operate also in other
countries.
r Independent Forensic Services (IFS) (IFS, 2013) was
founded in 2003 with expertise in the fields of forensic medical issues and bloodstain pattern analysis. In
2011 a second laboratory was built in the USA. IFS
performed investigations and appeared in court in
some famous cases in various countries.
r The Maastricht Forensic Institute (TMFI) (TMFI,
2013) was established in 2008 by the Maastricht University and DSM Resolve with financial support from
the European Commission and the Province of Limburg (region in the south of The Netherlands). It aims
for a broad range of forensic disciplines.
r The Centre for Forensic Pathology (CFP) (CFP, 2013)
has its focus on pathology, but cooperates with other
institutes, resulting in a broader, medical-oriented
scope.
r Fox-IT (Fox-IT, 2013) was established by two former
employees of the NFI in 1999 and has a forensics division that is specialized in digital investigation and also
has divisions on crypto and cybercrime.
Given the current financing system of the forensic
institutes in The Netherlands, the sustainability of these
new institutes will become clear in the future.
221
submit evidence to the forensic laboratory for regular or
additional examinations.
In order to control the caseload of the laboratory, each
year an agreement on the maximal number of exhibits
to be submitted is made between the police and the NFI.
A set of criteria for various types of crimes were formulated on this maximal number. Another element of the
agreement is a maximal turnaround time guaranteed by
the NFI. This way of working has the advantage that the
turnaround times of cases in the laboratory are reasonable and predictable.
On the request of the police, the forensic laboratories
are prepared to advise and assist the CSI units in complex
and/or specialized cases. The NFI has created a mobile
forensic team, focused on capital crimes. The number
of attendances of the mobile forensic team is 70–100 a
year. The members in this team work in close cooperation with the NFI experts in the laboratory.
Incidentally, the NFI organizes a so-called forensic
intake. This is only done for very complex cases and
happens about 20 times a year. Prior to the start of the
laboratory investigations, a strategy for the investigation
is discussed with all partners: police officers, prosecutor
and forensic experts. This has proven to be very useful
for these types of cases.
Integration of reports (from various expertise fields
and from police, forensic institutes and others) is a
goal, but in daily practice it is seldom realized. Serious
attempts are going on to structure this process, but have
showed to be an intractable problem.
21.4 Integration of forensic sciences
Investigations at the crime scene are primarily the
responsibility of the police. The first responders decide
on the need for involvement of special crime scene
investigation (CSI) teams. Formally the public prosecutor is the head of the investigation, but in practice this
role is only actually played in serious crime cases.
The Dutch National Police is structured into 10
regional units, geographically spread over the country.
Each regional unit has a forensic department equipped
for crime scene investigations. Besides collecting evidence at the crime scene, the CSI teams have facilities
to perform some types of forensic examinations, like
tool marks, foot, ear or tire prints and drugs screening.
Apart from these examinations, usually the CSI teams
21.5 Recruitment
Forensic scientists are hired by vacancies that are
published on the public website of the forensic science
provider. It has a wide variety of fields that are hired,
ranging from pathologists, physicists to biologists or
computer scientists. The announcement includes –
among other things – the job requirements in terms
of education and experience, and the requirement for
reporting officers to have a good general knowledge
of the Dutch language. Furthermore, a certificate of
good conduct is necessary (Justis, 2013) and for several
positions a security clearance of the General Intelligence
and Security Service (AIVD) is necessary (AIVD, 2013).
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Chapter 21
21.6 Training
In the early 1990s, the NFI – the dominating forensic institute in The Netherlands – started an internal
education and training program for its employees. The
underlying notion was that an academic degree in, for
example, chemistry or physics followed by an undefined
introduction on the job by a senior colleague was too
little. The program is meant for incoming as well as
experienced employees and is rounded off with an
examination. A successful exam gives the employee the
authority to sign a forensic report and to be called as an
expert witness in court. This status as a reporting expert
is limited to a period of 4 years and can be prolonged
after having passed another examination. It must be
emphasized that this approach is not laid down in any
formal law or requirement – it was started by the NFI on
its own initiative during the establishment of its quality
management system. It can be qualified as an internal
certification.
What are the features of the NFI education and training program? Firstly, it was recognized that – on top of
a set of general principles — forensic science includes
a broad scope of many (sub-) disciplines. It is obvious that the competences for experts on handwriting,
DNA, ballistics, etc., are quite different. This recognition has led to different programs for each and every
forensic discipline; the NFI has defined about 35 forensic disciplines. The actual program is divided into two
major parts: a general part (identical for all disciplines)
and a specific part (different for the particular disciplines). The basis of the program is the question: “What
are the needed knowledge, skills and attitude to perform adequately as a forensic expert in discipline X?”
Elements of the general part are Dutch law, forensic
reporting, statistics and practices in a moot court. The
specific part focuses on experience with the techniques
and methodologies within the particular discipline. During the exam for the specific part, the candidate expert is
interviewed by a panel of experts about a series of draft
reports written by the candidate expert. Furthermore,
participation in scientific meetings and publishing in scientific journals are taken into account. Finally, it must
be demonstrated that an expert has executed a minimal
number of cases annually to get a prolongation of his
or her expert status. Usually the panel consists of internal as well as external experts in order to enhance its
independence.
In The Netherlands several Universities provide forensic education:
r A Master in Forensic Science is available from the University of Amsterdam, which is the only MFS program
in The Netherlands. Within the University of Amsterdam there is also a track on Forensics within the MSc
System and Network Engineering.
The full time Bachelor programs within The Netherlands
on Forensic Science are from:
r The University of Applied Sciences in Amsterdam.
r The University of Applied Sciences Saxion.
r The Universities of Applied Science Zuyd and Leiden
provide a Bachelor program on Forensic ICT.
Within the University of Applied Sciences in Amsterdam
a minor on Forensic ICT is provided within the Bachelor
program Informatics.
21.7 Funding
Within The Netherlands a large part of the forensic
investigations in criminal investigations is funded by the
Ministry of Security and Justice. For the NFI a budget
of 67 million euro is foreseen in 2014 with 4 million
euro additional income, such as EU funding, additional
casework, training and R&D paid by other agencies. In
Forensic Psychiatry 683 million euro will be spent in
2014 for various institutes.
Since 2007 police, public prosecution and the NFI set
up a “service level agreement (SLA)” where the amount
of casework, research and development (R&D) and education research capacity of the NFI was fixed. Specifically herein are the agreements related to the influx,
production and delivery of products and services of the
NFI. If the number of cases exceeds the SLA, additional casework can be bought by extra funds from the
customers.
Other forensic providers within The Netherlands get
paid on a case by case basis.
21.8 Political Influences
Within The Netherlands, the influence of political climate and shifts of political orientations do not influence
the forensic science reporting. With austerity measures
from the government and reduction of funds, the number of cases that can be handled within the SLA and
The Netherlands
the amount spent on Research and Development will
become lower.
21.9 Quality assurance
As a logical consequence of the introduction of quality
management systems (usually based on ISO 17025) in
the 1990s and 2000s in a lot of European forensic laboratories, the attention for the competences of forensic
scientists increased. It was recognized that the competence of forensic scientists is a keystone in the quality of
the work performed by the forensic laboratories.
In later years, the competences of court experts
became the subject of Dutch legislation, not only for
experts in the natural sciences but also for experts in, for
example, forensic psychiatry. The Netherlands Register
of Court Experts (NRGD, 2013) was created in response
to the new Experts in Criminal Cases Act. This Act
was unanimously adopted in 2009 by the Upper House
of the Dutch parliament and took effect on 1 January
2010. The NRGD has been realized under the auspices of
the Ministry of Security and Justice. This took place by
means of a number of expert meetings and with a broad
working group, including the Public Prosecution Service, the Council for the Judiciary, the Dutch Bar Association, the National Police, the NFI and The Netherlands
Institute for Forensic Psychiatry and Psychology.
The NRGD is the first register for court experts with a
legal basis, independent position and structural financing. To date the appointment of experts is possible for
the following disciplines: DNA analysis and interpretation (source level), handwriting, weapon and ammunition, forensic psychiatry and psychology, toxicology
and drugs.
During 2013, 470 experts were registered in the
Netherlands Register of Court Experts divided over the
following distinguished disciplines:
Discipline
Number of registered experts
DNA analysis and interpretation
Handwriting
20
3
Weapon and ammunition
Forensic psychiatry and psychology
Toxicology
6
431
7
Drugs – analysis and interpretation
3
223
The aim of the new Experts in Criminal Cases Act is
dual. On the one hand it is intended to strengthen the
position of the defense counsel. The Act explicitly grants
a suspect the right to request an additional investigation
or counter inquiry. On the other hand, the Act signifies a
tightening up of the quality, reliability and competence
of court experts. In the near future, the Public Prosecutor will – in principle – only appoint experts from the
Register.
21.10 Laboratory accreditation
and quality control
Dutch law does not require forensic laboratories to be
accredited. Exceptions are made for DNA and some
environmental analyses. However, the current situation shows that all forensic laboratories in The Netherlands are accredited. The accreditations are based on
ISO 17025 (ISO, 2005) in conjunction with the ILAC
Guideline 19 (ILAC, 2002). The NFI already achieved
its accreditation in 1994 being the second forensic institute in Europe – the first one was the Forensic Science
Service (FSS) in the UK. The Raad voor de Accreditatie/Dutch Accreditation Council (RVA) (RVA, 2013) is
signatory to the International Laboratory Accreditation
Cooperation (ILAC, 2013) and the World Association
of Conformity Assessment Accreditation Bodies (IAF,
2013). Due to the existence of the ILAC Mutual Recognition Arrangement, the accreditations of the Dutch
forensic laboratories are recognized in over 60 countries
worldwide. Furthermore, the RVA is a member of the
European cooperation for Accreditation (EA, 2013), the
association of national accreditation bodies in Europe.
The EA cooperates with the European Network of
Forensic Science Institutes (ENFSI, 2013), resulting in
joint documents,3 which are relevant for the European
forensic community.
Current developments within the forensic quality
assurance domain in The Netherlands are:
r Increasing the segment of laboratory analyses
r Including nonstandard analyses
r Including opinions and interpretations (at source
level)
r Introducing of flexible scopes
3 Example: Guidance for the Implementation of ISO/IEC 17020 in the Field of Crime Scene Investigation, ref. EA-5/03 (December
2008).
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Chapter 21
r Introducing of ISO 17020 to crime scene activities and
some particular fields (e.g. archaeology)
r Introducing of ISO 15189 to pathology and
toxicology.
Since the late 1980s the NFI and the Dutch police
cooperate in formulating so-called forensic technical
norms. The aim of these joint norms is to harmonize the
work processes from the crime scene to the submission
of evidence to the forensic laboratory. Currently, about
75 norms are in place, indicating issues like collecting,
transport, storage and labeling of evidence. Additionally,
special investigations kits (DNA, hair, gunshot residues,
textile, fire accelerators, etc.) were developed. It is obvious that for both parties this way of cooperation is very
beneficiary in terms of quality and efficiency.
21.11 Technology
In this section the main areas of R&D covered by the NFI
are described, although this does not cover the whole
forensic arena in The Netherlands. Due to the NFI’s
dominating position, it reflects the situation within The
Netherlands adequately.
In forensic investigation and innovation the availability of state-of-the-art technology plays a key role. The
NFI maintains a substantial investment budget to ensure
that the latest analytical, medical, physical and IT equipment can be used to study forensic evidence and conduct
forensic investigations. In recent years the NFI invested
in the following state-of-the-art equipment:
r Dual beam SEM (scanning electron microscope) with
a focused ion beam mainly for gun shot residue and
forensic digital technology application including physical hardware decryption
r High resolution orbit trap LC-MS (liquid chromatography–mass spectrometry) system for highly
selective and sensitive compound identification and
quantification in complex matrices
r Gas chromatography coupled to an isotope ratio
mass spectrometer for pure compound isotope ratio
measurements
r Fully automated and custom made system for DNA
extraction, quantification, multiplication and extract
storage
r Comprehensive GCxGC-TOF MS (comprehensive two-dimensional gas chromatography with a
time-of-flight mass spectrometer) system for full
two-dimensional separation of complex samples of
forensic interest for chemical profiling and target
compound analysis
r Infinite focus microscope for the three-dimensional
investigation and quantitative characterization of tool
and firearm marks laser ablation ICP-MS (inductively
coupled plasma mass spectrometry) system for quantitative analysis of trace elements in microtraces such
as glass fragments, paint chips, human hair, ink lines
and fibers.
In the case of highly specialized and expensive equipment that is not used frequently or for which the
investment is not economically viable the NFI seeks
strategic partnerships with institutes, companies and
universities to ensure access to the equipment and
required expertise. Forensic radiology is, for instance,
often applied in forensic autopsies but medical imaging
on human remains is not performed at the NFI but in
two Dutch hospitals with which the NFI has made special arrangements.
Forensic technology is not always available as commercial equipment or accessible through partnerships.
In dedicated innovation programs the NFI has recently
developed in-house forensic technology. Through the
new NFI products, business line in-house technology
is sold to international customers. For several products
patent applications have been filed and a professional
tool or product has been developed. These products and
tools are offered “not for profit” but to cover development costs and to ensure sufficient funds for R&D at the
NFI in future.
Examples of such tools and products developments
include a special Faraday cage to shield smartphones
and mobile phones (without shutting them down) that
have been secured as evidence. Additionally, the NFI has
developed a state-of-the-art Memory Toolkit that allows
the read-out of recorded digital data on mobile phones
for a large range of makes and models. The institute
also offers various tailor-made forensic software packages such as Bonaparte for familial DNA searching for
rapid and accurate human identification in Disaster Victim Identification (DVI) situations. Another example is
a PRNU (photo response nonuniformity) compare, a
software package allowing digital pictures to be compared and linked to cameras on the basis of camera sensor pixel artefacts. The XIRAF/Hansken system of the
NFI offers a complete digital forensic platform where
digital evidence can be uploaded. The large and often
The Netherlands
heterogeneous data are indexed and mapped by the
system, allowing case officers to search the evidence in
an efficient and effective manner.
Finally, great potential exists for ICT applications in
the criminal justice system. In The Netherlands, as in
many other countries, criminal investigations are still
recorded and documented in paper-based dossiers. It is
anticipated that great improvements in terms of speed,
efficiency and quality can be achieved in the entire criminal justice chain if all documents, reports and dossiers
were to be made up digitally. At the NFI a comprehensive program is currently in progress to change from
a paper-based archive to a digital archive including an
LIMS for processing laboratory data and a system for
fully digital forensic case files. This would allow customers to receive NFI information almost in real time
and to monitor the progress of ongoing forensic investigations. A fully digital forensic archive would also facilitate intelligent data analysis and knowledge management of the data that are created on a daily basis from
the casework at the NFI.
21.12 Disaster preparedness
Since 2005 the NFI has invested in knowledge, expertise and capacity with regard to forensic investigation
under disaster conditions, that is, in the aftermath of
serious industry incidents or terrorist attacks. Under
the umbrella of an institute-wide CBRN program (C =
chemical agents, including warfare agents, B = biological agents and RN = radioactive and nuclear agents),
forensic expertise has been developed to provide a fast
and effective forensic response after a major incident in
The Netherlands or abroad.
This capability has been embedded in the standing
forensic organization of the NFI and this new expertise
has been added to existing forensic expertise areas:
r Forensic expertise of C agents is provided by the forensic toxicology and forensic engineering specialists.
r Forensic expertise of B agents is provided by the nonhuman biological traces specialists.
r Forensic investigation of RN agents is provided by
the forensic explosives and forensic engineering
specialists.
r Disaster Victim Identification capability is provided
by the human biological traces (familial searching
experts) and forensic anthropological specialists.
225
r Medical diagnosis of CBRN victims is provided by the
forensic physicians.
Additionally, a CBRN R&D and innovation program
has been established focusing on traditional forensic
investigations (digital evidence, finger marks and other
human biological traces) under CBRN conditions and on
CBRN forensics, that is, the forensic identification, classification and individualization of C, B and RN agents.
The NFI currently has the following capabilities to perform forensic investigations after a national or international disaster:
r Forensic support at the scene of crime or scene of incident by C, B, RN, digital, explosive, medical and trace
experts capable of performing an investigation with
protective gear including gastight suits. This includes
full logistic support with several specialized vehicles.
r Forensic investigation of evidence secured after a
CBRN incident or terrorist attack (direct investigation at partner laboratories equipped to handle C,
B or RN agents or investigation at the NFI after
decontamination).
r A portfolio of new forensic methods to investigate C
and B agents as such and in toxicological samples.
r Rapid and accurate identification of deceased victims in the case of mass fatalities through familial DNA searching using a special software package
(i.e., Bonaparte, developed with Radboud University
in Nijmegen) and forensic anthropological sampling
and study (the methodology was used for the identification of the 103 victims in the airplane crash of
Afriqiyah Airways Flight 771 on 12 May 2010 in
Tripoli).
The development of the forensic CBRN expertise at
the NFI has been financed by the Dutch government
but recently the NFI has been successful in raising
international funds for its CBRN program. The NFI
currently participates in several CBRN related projects
funded by the European Union under the Framework 7
Program FP7 (CORDIS, 2013). The recently submitted
FP7 GIFT proposal involves a consortium of 21 partners
from nine countries. This CBRN project is the first
granted EU effort to be fully coordinated by the NFI and
will start early 2014.
21.13 Legal issues
In 2010 a reform took place to the law on experts
and expert evidence in criminal procedures. The
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establishment of a national public register of experts
became law in Dutch legislation and can be found in
a new Title in the Code of Criminal Procedure (CCP,
2013). The judge, the public prosecutor and the defense
counsel have the opportunity to appoint experts who
meet generally approved standards. Not only the special knowledge but also the expert’s ability to work in a
forensic context is important.
Rules can also be found in the Register of Experts in
the Criminal Cases Decree (Besluit Register Deskundige
in Strafzaken, 2009). An independent Board of Registered Experts (College Gerechtelijk Deskundigen) have
the task to set standards to registered experts and decide
on applications to be registered (Besluit Register in
Strafzaken, 2009). An application for registration will
only be considered if the application relates to a field
of expertise, which can be reviewed and substantiated
on the basis of established norms. If so, the Board will
set specific standards in a specific field of expertise (e.g.,
DNA), based on an advice of representative international
experts in this specific field of expertise. Not only is special knowledgerequired but also familiarity with the role
and position of the expert in the criminal procedure
(Besluit Register in Strafzaken, 2009).
The expert must fulfill his assignment independently,
impartially, with due care and attention, professionally
and with integrity. These requirements are elaborated in
the Code of Conduct, established by the Board of Registered Experts.
The appointment of experts is bound by new rules.
The public prosecutor and the assistant public prosecutor (police) may only appoint an expert who is listed
in the Register of Experts. Appointment by the police
is restricted to experts in a technical field, except the
appointment of DNA experts for research only on traces.
In practice the police do not appoint an expert because
the Board of Procurators General did not decide which
fields of expertise are labeled as technical. Not all
research in preliminary investigations has to be executed
by forensic experts. Forensic standard investigation in
the context of a criminal investigation is often done by
the police.
The CCP contains several articles that give the investigating judge the right to appoint experts on his or her
own initiative or on the request of the defense counsel or the public prosecutor. He or she can also appoint
experts to check the report of a previous expert or an
expert who observes or reviews an investigation carried
out by a previous expert. The CCP contains some specific
articles covering the appointment of a counter-expert in
DNA research.
Only the (investigating) judge may appoint an expert
who is not listed in the register of experts. Testing this
expert by the requirements of Article 12 of the Decree
is a necessary condition. If an expert is appointed by
the investigating judge he or she will inform the public prosecutor and defendant of this decision. This information can temporarily be withheld in the interest of
the criminal investigation. It is now a legal possibility
for an expert to contact the investigating judge to get
clarity about the content and the reach of his or her
appointment.
The law on experts has also strengthened the position of the defendant. It grants a suspect the right to
be informed by the prosecutor of the appointment
of an expert, although this information can temporarily be withheld in the interest of the criminal
investigation.
The defendant may also request the public prosecutor as well as the (investigating) judge for an additional
investigation or counter inquiry (Art. 150 a.b, 2012). If
the prosecutor rejects a defendant’s request, it may be in
writing and should be well substantiated, but the investigating judge is authorized to overrule this refusal. Furthermore, the defendant can also decide to approach an
expert, but has to pay the expert’s costs. The CCP contains a provision which gives the defendant the right to
request the clerk to advance money for expenses and to
request the court to refund the amounts expended for
the expert.
In addition to that the law on experts requires that the
expert provides an opinion “that his knowledge teaches
him”. The expert has to provide an explanation as to
how he arrived at his conclusion in his report. Furthermore, he has to mention which method of research he
applied, why he considers this method reliable and to
what extend he is competent in his application of the
method. The expert declares that he drafted his report
truly, complete and to his best opinion.
During the pre-trial investigation the defendant has
access to the content of written documents, for example, expert’s reports, except if the interest of the criminal investigation requires that this information should
temporarily be withheld from the defendant.
An expert may report verbally at the court session or
in writing. Both are types of evidence. The oral opinions
The Netherlands
of experts, written down by a police officer in an official
police report, may also be used as evidence.
A formal requirement that the Court of Cassation
applies strictly is that experts – if heard by the court –
must take the oath. The Court of Cassation considers the
oath as a guarantee of the validity and reliability of the
testimony
In Dutch law there is an absence of admissibility rules.
The rules take the form of decision and argumentation
rules. The court does not have to restrict itself to the
evidential material presented by the public prosecutor
and/or the defense. In the end it is up to the trial court
to decide whether (forensic evidence) is reliable and can
be used as evidence.
The court has the right to engage the help of a counterexpert, whether on the court’s initiative or that of the
defendant or public prosecutor (Art. 315,328 CCP). The
Dutch Court of Cassation has decided that defendants
have a right to counter-expertise. They must make an
explicit, motivated and timely request in order to be
allowed to retest (forensic) evidence.
Dutch courts are bound by the requirements of the
European Convention on Human Rights and particularly the requirements set forth in Article 6 of that treaty
(the right to a fair trial). In some cases the European
Court has decided that the court must ensure that the
expert is neutral and that there are circumstances under
which the use of court experts may breach the right to
a fair trial, for example, that the court does not treat the
experts on behalf of the defendant in the same way as
it treats the experts against the defendant. Furthermore,
courts must afford defendants the opportunity to contest
and refute the expert evidence against them at trial.
21.14 Research
The NFI has three primary tasks:
1. Conduct forensic investigations in casework
2. Develop and innovate forensic methods and tools
3. Center of knowledge and expertise on forensic
science.
To ensure a state-of-the-art portfolio of forensic
investigative methods the NFI maintains a substantial
R&D program. Research findings and innovations form
the basis for new forensic investigation methods that
are added to NFI’s product portfolio after successful
validation.
227
Recently introduced novel, state-of-the-art forensic
methods, tools and products from NFI’s innovation program include:
r RNA analysis to determine the origin of human biological traces
r Bullet cytology based on RNA typing
r High speed products: DNA profiling within 6 hours
r Three-dimensional tool mark investigation with infinite focus microscopy
r Investigation and comparison of partial and distorted
finger marks
r Web based service center for digital evidence
investigation
r Advanced chemical profiling of illicit drugs and
explosives
r Characterization and comparison of nonhuman
biological traces
r Forensic statistics product portfolio
r Microanalysis invasive traumas
r Interdisciplinary investigations.
The NFI operates from a strong customer focus and
hence innovations aim at maximizing the forensic information value added whilst minimizing the delivery time
and cost of the investigation. Starting from 2014 the NFI
will focus its innovation efforts even further by establishing seven innovation programs.
21.14.1 Real time, on-site chemical
identification
Developing robust methods that allow chemical analysis
and identification directly at the crime scene without the
need for experts.
21.14.2 Forensic recognition
and individualization
State-of-the-art analyses of forensic biometric, biological and chemical crime scene traces in order to provide
investigative leads on suspects in the absence of reference material.
21.14.3 Digital Forensic Service Center
Creating a digital platform that will allow police investigators to effectively search large amounts of “heterogeneous” digital evidence. The platform also includes a
toolbox with intelligent data analysis methods to assist
and direct the data search.
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21.14.4 From source to activity
Fundamental scientific studies and the use of statistical
methods for combining evidence to allow evidence evaluation at the activity level.
21.14.5 Advancing forensic medicine
Using modern technology and medical imaging for minimal invasive autopsies and introducing interdisciplinary
forensic approaches to enable the manner of death
instead of the cause of death investigations.
21.14.6 CSI innovations
Introducing state-of-the-art technology and tools allowing crime scene officers to record, detect, select and analyze crime relevant traces and to record and document
the crime scene investigation.
21.14.7 CBRN forensics
Developing an extensive toolbox for forensic investigation of incidents, crimes and terrorist attacks involving
chemical, biological and/or radioactive nuclear agents.
21.14.8 Benefits of the programs
Each program will consist of a set of interdisciplinary
projects to ensure relevant innovations in each area to
meet the customer needs and advance forensic science.
For projects to be successful it is important that customer
participation is ensured, relevant academic expertise is
available and the innovation capability of high tech companies is included. As forensic science is an applied science, emerging technology in other domains can provide substantial forensic potential. This is why the NFI
maintains a broad international innovation network of
companies, knowledge institutes and companies. Various special forensic chairs (biological traces, statistics,
analytical chemistry, criminalistics and speech comparison and analysis) have been created at three Dutch universities to ensure a sound academic connection and to
create opportunities for collaboration and funded forensic research. The NFI participates in several forensic
projects and consortia that are funded nationally and
internationally.
21.15 Future directions
In 2013 the CEO of the NFI published a vision white
paper titled “Trends, Challenges and Strategy in the
Forensic Science Sector”, which can be downloaded in
English and Spanish from the website of the NFI (NFI,
2013). This document reflects a vision of the NFI on the
rapid changes in the forensic sector in recent years and
years to come. These changes are linked to the increasing importance and impact of forensic science in the
criminal justice system and thus not only lead to challenges but also to great opportunities in the forensic
sector.
The NFI has recognized four important trends both
on a national and international level that will shape the
future of forensic science:
1. Growth. The NFI has seen spectacular growth since
its start in 1945. The case load handled by the NFI
in 2012 was roughly six times higher than the number of requests processed in 2000. In the meantime
the workforce of the institute nearly tripled from
200 to 600 coworkers. This growth has been typical for the forensic sector and has been fueled by
the introduction of new forensic technology, allowing a more detailed analysis of even smaller forensic traces. Typical examples of new forensic capability include DNA profiling of human biological traces
and the extraction and investigation of digital forensic evidence. Interestingly, the largest departments of
the NFI dealing with these types of evidence did not
exist at the institute 20 years ago. Additionally, with
the ongoing technological developments in forensic
science the demand for forensic investigations is also
increasing. In the criminal justice system new methods that can solve crime quickly gain popularity and
lead to an increasing number of requests. This can be
considered as a very natural phenomenon, successful
innovations leading to new and relevant forensic possibilities will grow the forensic market.
2. Customer focus. The forensic institutes are changing from internal, expertise-oriented and skill-based
organizations into professional, technology driven
institutes with a strong customer focus. As customers inside and outside the criminal justice system
are relying increasingly on forensic information they
become more demanding in terms of the quality,
robustness, versatility, speed and cost of the provided forensic services. As a result the NFI has
instigated a strong sense of customer focus in its organization. In a special effort, including the introduction of a lean six sigma process optimization, in a
period of five years the substantial case load was
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diminished and average delivery times were reduced
by more than 90% to an overall average delivery time
of less than 14 days at the end of 2012. An important
instrument in the fight against the backlog was the
introduction of a Service Level Agreement with key
national customers. By balancing supply and demand
for over 30 forensic expertise areas an increasing
workload is prevented and a fast delivery of results is
guaranteed.
3. Defragmentation. Forensic science is intrinsically a
fragmented domain. It is fragmented in the sense that
a large number of individual forensic expertise areas
are recognized, covering a wide range of scientific
fields. Forensic experts usually only work within a
single expertise area and do so in a relatively independent, solitary manner. Furthermore, each country usually handles and maintains its own forensic
investigations. This is caused by the fact that criminal laws have a strong domestic character. Penal laws
and proceedings tend to differ from country to country and consequently on a global scale there is a large
number of relatively small forensic institutions. From
an efficiency and quality perspective this is a far from
ideal situation and from a purely forensic viewpoint
there are no limitations to a more global and interdisciplinary approach. As the forensic community develops into a high-tech, customer focused sector, the NFI
anticipates that custom-made interdisciplinary investigations will evolve and that institutes with sufficient
critical mass for constant innovation and improvement in given forensic expertise areas will provide
forensic services on a global scale.
4. Forensic awareness. With an increasing role of forensic science in the criminal justice system and with
new technology leading to complex forensic investigations there is an increasing demand for forensic training and education. Customers of forensic
services will require an increased knowledge and
awareness to use the forensic information that has
been generated upon their request effectively and
efficiently. For this reason the NFI created the NFI
Academy in 2010. The NFI Academy maintains and
develops a professional portfolio of forensic training and courses for the customers of NFI products,
services and investigations. This portfolio includes
basic awareness courses, e-courses on criminalistics
principles, hands-on workshops, table-top exercises
and expert training up till the complete forensic
229
conferences. Course attendants represent the entire
criminal justice system (police, public prosecutors,
lawyers and judges) but forensic courses are also
provided for a broader customer base including, for
instance, military personnel and first responders.
21.15.1 Forecast
21.15.1.1 The Netherlands
Within the Netherlands it is expected that complicated
forensic investigations using a Bayesian approach will
be commonly used in the criminal justice system. Also
the results of examinations should be available faster by
using new technologies and first results should be available within 48 hours after a crime has happened. It is
foreseen that the number of forensic scientists within
The Netherlands remains stable, but shifts between
expert fields can occur.
21.15.1.2 European Union
Also within Europe it is expected that fields that require
high costs and are not often used will be concentrated in
certain locations. Furthermore, the vision for European
Forensic Science 2020 (European Commission, 2012)
will provide more standardization within forensic science in Europe, so cross-border examinations can be
easily used in other member states:
In order to foster cooperation between police and judicial
authorities across the European Union with a view to creating
a European Forensic Science Area by 2020, Member States
and the Commission will work together to make progress in
the following areas, aiming to ensure the even-handed, consistent and efficient administration of justice and the security
of citizens:
– accreditation of forensic science institutes and laboratories;
– respect for minimum competence criteria for forensic
science personnel;
– establishment of common best practice manuals and
their application in daily work of forensic laboratories
and institutes;
– conduct of proficiency tests/collaborative exercises in
forensic science activities at international level;
– application of minimum quality standards for sceneof-crime investigations and evidence management
from crime scene to court room;
– recognition of equivalence of law enforcement forensic activities with a view to avoiding duplication of
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effort through cancellation of evidence owing to technical and qualitative differences, and achieving significant reductions in the time taken to process crimes
with a cross-border component;
– identification of optimal and shared ways to create,
update and use forensic databases;
– use of advances in forensic science in the fight
against terrorism, organized crime and other criminal
activities;
– forensic awareness, in particular through appropriate education and training of the law enforcement
and justice community; research and development
projects to promote further development of the forensic science infrastructure.
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Art. 150 a.b (2012) Book I CCP.
Besluit Register Deskundige in Strafzaken (2009) Stb. 330.
Besluit Register in Strafzaken (2009) Stb. 330.
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2013].
ENFSI (2013) ENFSI. [Online] Available at: http://www.
enfsi.eu [Accessed 8 8 2013 and 13 8 2013].
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eu/uedocs/cms_data/docs/pressdata/en/jha/126875.pdf
[Accessed 8 8 2013].
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[Accessed 8 8 2013].
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[Accessed 8 8 2013].
C H A P T E R 22
History and current status of forensic science
in Singapore
George Paul & Paul Chui
Forensic Medicine Division, Health Sciences Authority, Singapore
Singapore
22.1 History within the country
The Republic of Singapore is a sovereign city-state and
an island country at the southern tip of the Malay Peninsula in Southeast Asia. Its geographic location is 137
kilometres (85 miles) to the north (or 1 degree north)
of the equator. Made up of the lozenge-shaped main
island (widely known as Singapore Island but also as
Pulau Ujong (its native Malay name) and over 60 much
smaller islets, it is separated from Peninsular Malaysia by
the Straits of Johor to its north and from Indonesia’s Riau Islands by the Singapore Strait to its south.
The country is highly urbanized, with very little primary rainforest remaining. Its territory has consistently
expanded through land reclamation.
The earliest recorded settlement on the island dates
back to the 2nd century AD. Modern Singapore was
founded in 1819 by Sir Stamford Raffles as a trading
post of the East India Company with the permission
of the Johor Sultanate (the ruler or Sultan of Johor,
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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one of the southern states of Royal Malaysia). At that
time the settlement was largely Chinese in population,
with a tiny but important European minority. The
British obtained sovereignty over the island in 1824 and
Singapore became one of the British Straits Settlements
in 1826 (Singapore Free Press, 3 January 1861). It became
the penal settlements for Indian civilian and military
prisoners (Anderson, 2007), earning them the title of
the “Botany Bays” of India (Nicholas and Shergold,
1988), with minor uprisings by convicts in Penang and
Singapore in 1852 and 1853 (Turnbull, 1970). From
1867 it became a Crown colony, directly answerable to
the Colonial Office in London instead of the Indian government in Calcutta, India, with a colonial constitution
also granted.
After the Japanese overran British Malaya during
World War II, Singapore was invaded in February
1942 shortly afterward. After the war, the colony was
dissolved in 1946, with Singapore becoming a separate
crown colony – ultimately getting freedom from the
British in 1963, to initially unite with other former
British territories to form Malaysia, from which it
separated two years later. Since then it has had its
independent constitution. Singapore is a parliamentary
republic with a Westminster system of unicameral parliamentary government representing constituencies. Its
constitution establishes representative democracy as its
political system (US Central Intelligence Agency, 2014).
Executive power rests with the Cabinet of Singapore,
led by the Prime Minister and the President (http://
en.wikipedia.org/wiki/Politics_of_Singapore). The president is head of state and is elected through popular
vote and has some veto powers for a few key decisions
but otherwise occupies a ceremonial post (http://
www.istana.gov.sg/content/istana/thepresident.html).
Singapore practices the common law legal system,
where the decisions of higher courts constitute a binding
precedent upon courts of equal or lower status within
their jurisdiction, as opposed to the civil law legal system
in continental Europe. Some of the laws reflect the influence of its former colonial association with England and
English laws applicable to and prevalent in Singapore
before 1867, as well as Indian Laws and Imperial Laws,
and Strait Settlement Acts and laws after this period
(Chan, 1995). In addition, certain Indian Laws such
as the Penal Code and Evidence Act, of Indian origin
(Chang and Lin, 1995), were adopted when Singapore
was a crown colony. Criminal law, company law and
family law are completely statutory in nature.
The legal system of Singapore is based on English
common law, albeit with substantial local differences.
The decisions of higher courts constitute binding precedent upon courts of equal or lower status within their
jurisdiction, as opposed to the civil law legal system in
continental Europe. Major areas of law – particularly
administrative law, contract law, equity and trust
law, property law and tort law – are largely judgemade, though certain aspects have been modified by
statutes.
However, the criminal law of Singapore is largely
statutory in nature. Trial by jury was entirely abolished in 1969 leaving judicial assessment performed
wholly by judgeship, and the Criminal Procedure
Code was amended in 1992 to allow for trials of
capital offences to be heard before a single judge
(Milestones in Singapore’s Legal History, http://app.sup
remecourt.gov.sg/default.aspx?pgID=39, retrieved: 22
February 2014). Singapore has penalties that include
judicial corporal punishment in the form of caning for
rape, rioting, vandalism and some immigration offences
(World Corporal Punishment Research, 2012; Kuntz,
1994). Previously the final court of appeal was the Privy
Council in London, but in 1994, after a permanent Court
of Appeal was established in Singapore, the process of
appeals in death penalty cases to the Privy Council was
done away with by the Constitution of the Republic
of Singapore (Amendment) Act 1994 (No. 5 of 1993),
repealing article 100 of the Constitution, with reference
to the Privy Council of appeals from the Supreme Court
(of Singapore). There is a mandatory death penalty for
murder, and for certain drug-trafficking and firearms
offences (US Department of State, 2013), though, with
increasing public and legislative discussions on the need
to be humane, certain situations among these cases have
of late been attracting life imprisonment instead of the
death penalty. The Court of Appeal is Singapore’s final
court of appeal after the right of appeal to the Judicial
Committee of the Privy Council in London was abolished in April 1994. The President of Singapore has the
power to grant pardons on the advice of the cabinet
(Attorney-General of Singapore, 2013).
In the late 18th and early 19th centuries, all toxicological and other forensic analyses were conducted by
the Analyst, Government of Singapore. The Analyst
was also responsible for all kinds of medical and other
scientific investigations, including microbiological and
parasitological investigations, and thus was an integral
part of the health care system and was integral to
History and current status of forensic science in Singapore
the early Singapore Medical School for teaching and
training in these subjects.
Inquiries into deaths were reportable to the Coroner (State Coroner) under the tenets of the Criminal
Procedure Code. After the enactment of the Coroner’s
Act 2010, those relevant sections were deleted from the
Criminal Procedure Code, with the Coroner’s Act governing procedures and penalties related to reportable
coroner’s cases and inquiries into those deaths.
22.2 Types of cases
As Singapore is a city-state, the nature of forensic cases
bear a similarity to that in other major cities in the
world, except for a low crime rate, attributed largely
to effective policing, strict drug laws, strict firearms
control and the imposition of capital punishment for
serious offences such as murder and drug trafficking.
Caning or corporal punishment may be imposed over
and above incarceration. The drug control measures are
calculated to deter both trafficking into the local scene
and cross-border activities through Singapore, as well as
to reduce addict recidivism. Although a large majority
of Singapore males form the conscript army and are
well versed with the use of military weapons, the strict
control of access to firearms by the civilian population
has meant that firearm related incidents and deaths
have been few and far between.
22.3 Structure
The first documented involvement of scientists in
criminal cases is through the Annual Reports of Straits
Settlements, in 1885, when the Government Analyst.
Dr Bott, reported toxicological, food and drug, points
of dangerous petroleum and blood tests. In 1907 the
Singapore laboratory was serving the whole of Malaya
and Singapore, but 2 years later, a branch was opened in
Penang and in 1946 in Kuala Lumpur. In 1939 the title
was changed to Chief Chemist and the department was
the Department of Chemistry, a legacy still continuing
in Malaysia. In 1947 the three departments in Penang,
Kuala Lumpur and Singapore were headquartered in
Singapore. The early interests of the department were
mainly related to commercial issues and commercial
crimes – testing opium, liquors and drugs, as well as
petroleum, denaturation of alcohol, explosives and ship
233
inspection – much less in criminal cases. A 1946 report
talks of the change from caustic soda for suicide shifting
to the use of barbiturates, as well as an accidental
admixture of barium salts in baker’s flour. Methanol
deaths were also reported (DSS Annual Report ‘89,
1989, pp. 1–37).
In 1955 an Inspectorate of Dangerous Materials was
established under the Department of Chemistry. After
Independence in 1957, all three departments became
independent of each other, with each having its own
regional chemist. The first non-British Director of the
Singapore Department of Chemistry was appointed
in 1959. By this time, reports such as that of 1958
mentioned blood stained exhibits from frequent gang
clashes.
Before World War II and immediately after, medicolegal autopsies were conducted mainly by surgeons, in
fact any government doctor of authority, with annual
reports mentioning names of surgeons and their findings in autopsy cases.
Anatomical pathologists started conducting autopsies
in the late 1960s with a full time forensic pathologist
finally taking over medicolegal autopsies.
In 1976, the Department of Chemistry was renamed the Department of Scientific Services, directly
under the Ministry of Health. Gradually various testing
units came up under it, viz. the Radiation Protection
Inspectorate (1972), Microbiology Laboratory (1973),
Chemical Engineering Section (1974), Narcotics Unit
(1976), Urine Testing Unit (1977), Regulatory Drugs
Unit (1980), Carcinogenic Laboratory (1988), Advanced
Instrumentation Laboratory (1988), Computer Centre
(1988) and Cigarette Testing Laboratory (1988). By
this time there were three divisions within the Department of Scientific Services: Forensic Science, which
had the Forensic, Narcotic, Toxicology and Document
Examination laboratories under it; the Health Science
Division, which had Food, Pharmaceutical, Industrial
Health, Environmental Cigarette Testing laboratories
and R&D Coordination and Planning under it; and lastly
the Resource and Radiation Division, which had Radiation Protection, Advanced Instrumentation, Customs
Laboratories and Material Management and Computer
Centres under it. Soon emergency toxicology, including
clinical toxicology analysis, was set up within the Toxicology Laboratory for analytical services to hospitals in
suspected overdose and poisoning cases.
Subsequently, the Department of Scientific Services
(DSS) was formed, comprising the Health Science
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Chapter 22
Division, Forensic Science Division and Resource and
Radiation Division, while the Department of Forensic
Medicine (DFM) comprised both the Forensic Pathology
Division and the Clinical Forensic Medicine Division.
With the devolution of hospitals into autonomous
operational entities and the subsequent formation of
vertically integrated healthcare clusters (from primary
healthcare to tertiary care) in the 1990s, the Ministry of
Health moved, with Parliamentary approval under the
Health Sciences Authority Act, to form the Health Sciences Authority in 2001.
The Health Sciences Authority brought together
the Forensic and Scientific Services (previously under
ISFM), the Bloodbanking Services and the National
Drug Regulatory Services. Over a period of organizational reorganization, three major operational groups
were formed:
a. The Applied Sciences Group, which comprises the
Analytical Science (Chemical Metrology, Food Safety
and Pharmaceutical Divisions), Forensic Medicine
and Forensic Science (Biology, Forensic Science,
Illicit Drugs and Analytical Toxicology Divisions), the
Quality Department along with the Group Director’s
Office.
b. The Blood Services Group secures the nation’s blood
supply and comprises the following branches: Blood
Resources, Blood Supply, Patient Services and Clinical Services.
c. The Health Products Regulation Group comprises the
Pre-marketing Division (Western Medicine, Medical Devices, Complementary Health Products and
Cosmetic Products branches), Post-marketing Division (Vigilance, Compliance Enforcement and Medical advertisement branches), the Audit and Licensing
branch and the Group Director’s Offices.
A brief description is now given of the various divisions and their nature of work.
The Forensic Medicine Division (FMD) provides forensic medical consultancy services in the examination
of Coroner’s cases. Its forensic consultancy services
(including autopsy work) have also been provided to
clients from neighbouring regional countries. The
pathologists also attend crime scenes, in order to support
scene investigation by the Singapore Police Force (SPF)
in homicides and suspicious deaths. They work closely
with the Criminal Investigation Department (CID). The
division is constantly reviewing its work processes and
upgrading its technical capabilities (including the implementation of postmortem CT since 2010). In addition,
FMD offers clinical forensic medical consultations by
transferring and applying its professional expertise
gained in understanding trauma and injury in the dead,
to the living cases on subjects of violence resulting from
child abuse, sexual offences and spousal abuse. As part of
a one-stop service to the next-of-kin, it acts as an agent
of the Registry of Births and Deaths, providing the death
certification services for Coroner’s cases.
In the SARS outbreak in 2003, the FMD provided
its autopsy services in support of Singapore’s effort to
understand the pathophysiology of SARS, and made
significant improvements in biosafety practices in the
handling of suspected highly infectious cases. This culminated in a patented novel invention, a mobile containerized BSL4 autopsy suite. Forensic Odontologist
services are provided through a former Singapore Armed
Forces ex-colonel Forensic Odontologist, who is currently in private practise but still responds to forensic
odontology calls. A few more army odontologists are
training overseas to be forensic odontologists. A fulltime Forensic Anthropologist is not available, as there
are not enough skeletal remain cases to justify hiring
one. Overseas Forensic Anthropologist consultants have
been appointed, along with similar experts in radiology,
anatomical pathology, etc. Similarly, the various other
divisions have their overseas consultants appointed on a
nominal retainer arrangement, to be activated for consultation, as and when important cases crop up for their
independent opinions.
The Forensic Science Division offers forensic examination for physical evidence: viz. fire, firearms and
explosions, chemical analysis and trace evidence, marks,
impressions, etc. The Division also carries out scene analysis and reconstruction. Its Documents Lab is one of the
few worldwide that is qualified to examine both English
and Chinese handwriting and signatures, tampered and
counterfeit documents, differentiation of inks, etc. For
arson and fire scenes, the preliminary scene investigation is carried out by the Singapore Civil Defence Force
(SCDF). In shipboard incidents, the primary investigator
is the Port of Singapore Authority, while that of worksite
incidents is the Ministry of Manpower. Evidence that is
recovered is then submitted to the HSA for testing by the
Forensic Science Division.
The Illicit Drugs Division offers analytical services and
consultancy to law enforcement agencies in the examination of drug seizures and detection of controlled drugs,
as listed in the Misuse of Drugs Act (Cap. 185). The Division also provides test services to support the routine
History and current status of forensic science in Singapore
urine testing of drug suspects and parolees as part of the
drug control program.
The Analytical Toxicology Division offers analytical
services on drugs of abuse testing in urine and clinical
and forensic toxicological testing in biological fluids, and
supports the Forensic Medicine Division in their routine
autopsy cases by screening their biological fluids and tissues for drugs and poisons, etc.
The Biology Division provides human identification
and forensic biological services. The DNA Profiling Laboratory at the Health Sciences Authority was established
in 1990. The Laboratory is the only DNA laboratory
in Singapore to be accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB). The Laboratory also adheres
to the DNA Advisory Board (DAB) Quality Assurance
Standards for Forensic DNA Testing Laboratories. The
Division collaborates with the Singapore Police Force in
establishing and operating a DNA database for convicted
offenders in Singapore.
The Pharmaceutical Division of the Health Sciences
Authority provides analytical services for the quality
and safety of drugs (Western medicines, traditional
medicines, health supplements), cosmetics and cigarette
testing. Testing services are offered to hospitals, clinics,
traders and the Health Products Regulation Group, the
HSA. HSA’s Cigarette Testing Laboratory analyses tar,
nicotine and carbon monoxide in mainstream smoke
constituents and tobacco products.
The Food Safety Laboratory specialises in testing of
processed foods, in support of the Agri-Food Veterinary
Authority of Singapore (AVA) for contaminants that
occur naturally (e.g. Mycotoxin), contaminants from the
environment (e.g. organic/inorganic pollutants), contaminants migration from food contact materials (e.g.
Bisphenol A), as well as contaminants from food processing (e.g. 3-MCP).
Digital and multimedia investigations are not covered
by the HSA but by specialized officers of the CID, who
have had training in these aspects. The CID also has
its own cyber crime division, which investigates and
testifies in court relating to evidence discovered and
proving of cyber crimes.
22.4 Integration of forensic science
While crime scenes are handled by the scene of
crime officers from the Police, forensic scientists and
235
pathologists may be called to attend to the scene, as the
case dictates. At the scene, professional advice is sought
and given as to how the crime scene may be preserved,
documented and evidence recovered optimally. Training and education outreach to law enforcement enable
the value of forensic testing services to be more appreciated. Regular interagency operational meetings translate
to closer working ties and closure of feedback loops for
process improvements. In addition, a high level crossagency taskforce has been formed to oversee the development of forensic science and better process integration
between the Investigator and the Scientist.
Within the HSA, cross-entity interactions are formalized into standard operating procedures so that evidence
may be examined by different laboratories efficiently
and effectively, without the need for resubmission or
inconvenience to the Investigator.
Reports are submitted to the law enforcement agencies and then forwarded to the Public Prosecutor. Forensic autopsy reports are sent to the Police Investigator as
well as the Coroner, and may be accepted as prima facie
evidence in court if not challenged by the defence, without the need for court attendance by the expert. In the
decision to prefer charges against the accused, the Public Prosecutor may discuss the case with the Scientist or
Pathologist in order to understand the findings better.
Access to the scientist for interviews by the Defence is
upon request and concurrence of the Public Prosecutor.
Legal presentation in court is in response to summons
to the officers of the HSA to give evidence and be crossexamined. Evidence is individual and specific to his/her
specialty so that no charge of collusion can be brought on
the expert. Although forensic experts are called by the
Prosecution, forensic experts present their cases objectively, without fear or favour.
22.5 Recruitment
Recruitment for scientists and staff is carried out both
locally and overseas. Local recruitment is done via local
media. Incumbent staff may apply for vacant positions.
For overseas recruitment, external agencies are used to
head-hunt persons with particular skillsets and experience. Advertisements in professional journals may be
used to publicize the vacancies. A formal job application and interview process is in place to assess suitability
of candidates. Applications are evaluated on the basis of
merit, aptitude and suitability. Scientists are generally
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Chapter 22
brought in at graduate level Second Class Honours or
higher scores. Laboratory officers are either graduates or
diploma holders from local polytechnics.
A young doctor who wishes to specialize in forensic
pathology has first to opt for a 6 month posting with the
Forensic Medicine Division in order for his/her suitability to be assessed. An annual traineeship selection exercise is held nationally for medical graduates to apply for
specialization, and this applies to forensic pathology as
well. The applicant has to undergo a formal interview
with a panel under the Joint Committee for Specialist Training (JSCT) of the Specialist Accreditation Board
(SAB) for evaluation before training can commence.
22.6 Training and certification
The HSA has put in place various in-house training programs to ensure that their staff are properly trained to
perform their roles.
Forensic scientists at the HSA are individually certified by his/her peer group in the lab duties that
he/she perform, per accreditation requirements, eg.
ASCLD-LAB, SINGLAS (Singapore’s equivalent of ISO
certification), before they are allowed to sign out cases
independently. In addition, HSA also has technical
training attachment/exchange programs with some
overseas institutions of repute in the same disciplines.
Medical Officers who are accepted for specialization
in forensic pathology will train in both forensic pathology as well as spend time with anatomical pathology
departments, over a period of seamless training that lasts
for 5 to 6 years. To become qualified practising specialists, they will have to either pass the Royal College
of Pathologists (UK) examinations or the Royal College of Pathologists Australasia examinations for them to
be recognized by the Specialist Accreditation Board and
placed on the roll of specialists in Pathology. The training
period also includes an overseas attachment to a forensic pathology department so that the individual gains
greater exposure in various types of cases. Only those
Pathologists working as Forensic Pathologists with the
HSA can be notified in the national government Gazette
as being Forensic Pathologists (under the Coroner’s Act
2010), thus enabling them to independently undertake
forensic autopsies at the HSA.
While some of the US specialty boards in Forensic
Pathology may be recognized, the need to clear basic
residency fellowship followed by Anatomical Pathology
and then Forensic Pathology makes the US route too
lengthy for Singapore’s training considerations.
Postspecialization, there is a mandatory Continuing
Medical Education (CME) program that requires all
medical practitioners to fulfil a minimum of CME points
every two years before they can continue to practice.
For all scientific and medical staff, in-house courtroom
training is also conducted, with mock-trials involving
public prosecutors and district judges participating
and presiding, shadowing one of the senior scientists/consultants to court, etc., as well as attending difficult or complicated scene or case analysis. During the
course of their dealing with in-house live cases under
supervision, they also learn the legal framework of their
work, as well as come to know many of the persons
involved in these cases, from investigators, including
police and CID, the coroners, Forensic Pathologists (if
they are from a scientific background), etc.
The HSA has further put in place in-house training
programmes to ensure that its staff remain updated and
competent. A minimum target of 40 training hours a
year per employee is set as the performance appraisal
target to be achieved. Attendance at conferences for presentation and publications for peer-reviewed journals
are encouraged. A modest amount is also made available for research projects.
The HSA also has its own funded scholarships and
training programs for deserving candidates, to be trained
locally or even overseas, for development of various subdisciplines or expertise, subject to bond for continuance
of service after successful completion of their training
and qualification by serving the HSA. Such opportunities are offered right up to doctorate levels (PhD) in their
specialty.
22.7 Funding
Operational Funding of the HSA is through a combination of fee recovery from users of its services, as
well as government subvention. The formula for subvention is negotiated with its parent Ministry periodically. Depending on the nature of the projects, capital
or investment funding for strategic development may be
injected into the HSA from the parent Ministry of Health
from time to time.
History and current status of forensic science in Singapore
Forensic laboratories, in following the prescribed practices and services model of the Singapore government,
have to negotiate service level agreements (SLA) with
their key clients (e.g. the Singapore Police Force, Central Narcotics Bureau). Some analytical laboratories
have to compete in tendering processes for work with
other government agencies. Certain scientific laboratories that service internal clients (other departments in
the HSA) adopt cross-charging models to promote financial accountability and efficient usage (e.g. the Toxicology Laboratory charges the Forensic Medicine Division
for the latter’s use of its toxicology services).
The Forensic Medicine Division is expected to achieve
full-cost recovery for its operations. It has a standard
fee schedule for all the cases it does – with a lower
fee for externals only (signed outs) and a larger single fee for full autopsies (which would include all necessary ancillary investigations relevant to the case).
Revenue collected is expected to cover all nature of
expenses from expenditure on manpower to equipment
acquisition, rental and expenditure on testing services
requested (e.g. toxicology, microbiology and testing for
channelopathies – the latter by looking for gene markers
associated with conduction defects, etc.).
The funding model has enabled ongoing improvement
in terms of technology and capabilities as the expectations on funding by the FMD continue to increase over
the years.
Funding has no bearing on the outcome of cases.
Funding is forecasted annually through a series of senior
management discussions and iterations before the Board
approves the finalized budget. Fee increases are notified
in advance to clients. Billing is carried out in accordance
with a schedule of fees approved by the Board. Billing
takes place after the cases are reported, regardless of the
outcome in court proceedings.
22.8 Governance
The HSA is governed by a Board of Directors whose
members are professionals from both the public and private sectors and are appointed by the Ministry of Health.
The Chairman of the Board is appointed by and reports
directly to the Minister of Health. The Board oversees
the Chief Executive Officer, who sees to the day to day
running of the organization. Professionals of the specialty oversee the scientific operations and have freedom
237
within the framework to report on their cases independently without influence from higher management.
22.9 Political influences
Singapore is conscious and proud of its international
reputation of honest dealings and fairness. Behind the
cases, there is a constant drive to achieve efficiency and
optimization while performing at the highest level. The
speed at which things turn around may seem to the
“outsider” to be unrealistically fast or “acquiescent” to
external influence. However, if the truth be told, forensic practitioners have full scientific independence in how
their cases are managed and they defend the integrity
and independence of their work rigorously.
The Courts and Attorney-General’s office demands no
less objectivity from the reports that are produced by the
scientists and pathologists of the HSA and expect them
to stand up to international scrutiny when the situation
occurs. Often, when contested, the expectations are that
the work complies with international standards and can
withstand external audit.
From time to time, interagency interaction between
the HSA and stakeholder agencies takes place, to identify future directions for the development of forensic
pathology and forensic sciences in order to meet future
challenges.
22.10 Laboratory accreditation/
quality control
The forensic analytical and toxicology labs. The
forensic laboratories achieved accreditation by the
American Society of Crime Laboratory Directors/
Laboratory Accreditation Board (ASCLD/LAB)
under the ASCLD/LAB Legacy Program in June
1996. In June 2012, the forensic laboratories
successfully transferred to the ASCLD/LAB International Testing Program. The ASCLD/LAB International Testing Program incorporates ISO/IEC
17025:2005 requirements in addition to the
ASCLD/LAB supplemental requirements specific
to forensic science testing laboratories. The Scientific Analytical laboratories are accredited under
SINGLAS.
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Chapter 22
Forensic medicine. The former Centre for Forensic Medicine (2005) and subsequently the Forensic Medicine Division (2011) have been accredited
by the National Association of Medical Examiners
(NAME), and is currently the only Centre outside
North America that is fully accredited by NAME.
22.11 Technology
The HSA strives to obtain the latest analytical and scientific equipment and validated techniques to implement in its labs. It collaborates with academia, such as
the National University of Singapore, in various joint
projects and research activities. It continues to monitor
the forensic scene abroad and adopt relevant and appropriate technologies and best practice to keep up with
“cutting-edge” international standards.
Scientists and forensic pathologists plug into various international and overseas professional networks
to keep abreast of developments and contribute to the
international dialogue. There is a conscious effort to
plough back surpluses from operating activities to invest
in technology and strategic development in a consistent
manner over the decades.
22.12 Disaster preparedness
The HSA works jointly with the Singapore Police Force
and Singapore Civil Defence Force (Fire and Rescue) as a
key player in the management of mass casualty scenarios. To maintain operational readiness, staff participate
in various interagency exercises.
The HSA has also developed a response plan to dealing with suspected highly infectious diseases with a
mobile containerized BSL4 autopsy facility. The program
involves regular practices and biennial mobilization to
maintain staff operational competency and team coordination effectiveness.
The HSA has also build up its preparedness by participating in regional mass disasters, such as the Asian
Tsunami in 2004 and the 2011 Christchurch, New
Zealand, earthquake, in the Disaster Victim Identification morgue as well as assistance in DNA profiling of
some of the victims in order to confirm identity.
22.13 Legal issues
Singapore has an adversarial legal system, inherited
from the British as it was a former colony of the British
Empire. Since independence, the Singapore legal system
has moved gradually away from the UK system.
Evidence for criminal trials are introduced and led
by the Public Prosecutor, which is then challenged by
the Defence. Scientific reports are provided to the Defence before the trial for their preparation if these reports
are to be introduced. Recent changes to the law have
made the process of discovery more transparent and
accessible to the defence. If there is material evidence
that is in the defence’s favour, these also should be made
known to them. The defence may call their own experts
but, in practice, such challenges are infrequent.
The Judiciary is keenly aware of the role of science
in trials and has been proactive in engaging the scientific community in gaining awareness and basic understanding of the science behind the work that goes into
the reports. In the course of proceedings, judges often
engage in querying the scientists and pathologists, in
seeking clarification on scientific matters. Digital technology has found its way into court processes, including
the recording, documentation and display of evidence,
exchange of court documents, court presentations, etc.
Teleconferencing technologies with overseas experts
who cannot be physically present have been adopted.
Court trials are generally open to the public. However, the media and public are not allowed to record the
events by photography or videography, and there are no
televised courtroom proceedings.
Coroner’s cases are heard by the State Coroner in
the State Courts. The State Coroner is appointed by the
President of Singapore and is a legally trained judge.
The roles and responsibilities of various players in the
Coroner’s death investigation process are spelt out
in the Coroners Act 2010. The rules of evidence in
a Coroner’s Inquiry are much more relaxed than in
criminal trials. Hearsay evidence is admissible. The next
of kin is given the privilege to ask question of witnesses,
with or without counsel. Following the new Act, the
Coroner no longer makes a determination of manner
but records the findings regarding the circumstances of
the death and may make recommendations as he/she
deems fit, that will help to prevent a recurrence of
the tragedy. The Public Prosecutor may also direct the
Coroner to reopen an inquiry or redirect examinations
History and current status of forensic science in Singapore
if required in the public interest. Where an individual is
charged with an offence related to the person’s death,
the Coroner’s Inquiry is held in abeyance until the
prosecution for the offence(s) have been completed and
the Inquiry is summarily closed.
Section 16 of the Health Sciences Authority Act
indemnifies any employee of the HSA from prosecution
for acts done in good faith, while section 17 declares
all employees to be public servants. Thus there is no
risk of outright litigation on the reports of employees of
the HSA. However, like colleagues in other specialties of
medicine, the HSA takes out medical indemnity insurance for its Forensic Pathologists.
22.14 Research
Current research in Forensic Science is directed towards
newer methods of detection, increased sensitivity of
detection and newer methodologies of drugs and substances of abuse, adulteration, etc. While some of this is
within the HSA, most of this research is multi- institutional and spans many of the universities’ departments
and laboratories. Some overseas collaboration through
MOUs and focus-group research is also taking place.
The HSA has also spearheaded rapid processing kits for
the investigating officers and is collaborating with the
technical universities to develop nanotechnology based
rapid identification kits for various forensic screening
purposes.
22.15 Future directions
Being an open society, Singapore is highly porous to
external influences, both sociocultural and economic.
As such, there is a strong need to remain vigilant in
anticipating the evolving scene in criminal and illegal
activities. It is recognized by the judiciary, legal system
and law enforcement that science plays an important
role in the detection and solving of crime. The challenge
is to try to stay ahead of the curve by being plugged into
developments abroad and developing the tools before
the wave hits. One anticipates there will be an ongoing
investment in resources to keep up with the changing
239
technology. However, as resources are not unlimited
and with pressure to shorten turnaround times, there
will inevitably be a move towards automation and
adoption of kit-technologies that will inevitably displace
some of the current jobs.
Finding enough people and the right people will be a
significant challenge, as the population ages and births
continue to decline. This together with constraints on
headcount growth as the country grows at a slower
pace will require innovative solutions, and further drive
automation and adoption of kit-technologies. Public
pressure that believes in the use of CT scans that will
obviate the need for autopsies will persist.
So far, the HSA has been the national lab for all
the services it offers. However, from time to time,
some independent overseas private analysis groups have
appeared on Singapore’s horizon, offering some competing and limited services. Defence experts may become a
more frequent occurrence in the longer term.
References
Anderson, C. (2007) The Indian Uprising of 1857 – 8: Prisons,
Prisoners, and Rebellion, Anthem Press, p. 14.
Attorney-General of Singapore (2013). Part V (The Government). In: Constitution of the Republic of Singapore. Archived and
retrieved from the original on 18 December 2013.
Chan, H.M. (1995) The Legal System of Singapore.
Chang, W. (1995) Historical overview. In: Legal Systems
in ASEAN – Singapore Chapter 1, http://www.aseanlaw
association.org/papers/sing_chp1.pdf.
Kuntz, T. (1994) Ideas & Trends; Beyond Singapore: Corporal
Punishment, A to Z, The New York Times, 26 June 1994.
Nicholas, S., Shergold, P.R. (1988) Transportation as global
nigration In: S. Nicholas (ed.) Convict Workers: Reinterpreting
Australia’s Past, Ed. S. Nicholas, Cambridge University Press,
Cambridge, p. 29.
Turnbull, C.M. (1970) Convicts in the Straits Settlements 1826–
1867. Journal of the Malaysian Branch of the Royal Asiatic Society
43 (1): 91.
US Central Intelligence Agency (2014) World Factbook – Singapore. Retrieved: 22 February 2014.
US Department of State (2013) Singapore Country Specific Information, 5 September 2013.
World Corporal Punishment Research (2012) Judicial Caning
in Singapore, Malaysia and Brunei. Retrieved: 22 February
2014.
C H A P T E R 23
The history and current status of forensic
science in South Africa
Herman Bernitz1 , Michael Kenyhercz2 , Burgert Kloppers3 , Ericka Nöelle L’Abbé4 , Gérard Nicholas
Labuschagne5 , Antonel Olckers6 , Jolandie Myburgh7 , Gert Saayman8 , Maryna Steyn9 & Kyra Stull9
1 Department
of Oral Pathology and Oral Biology, School of Dentistry, University of Pretoria, Pretoria, South Africa
of Anthropology, University of Alaska, Fairbanks, USA
3 Ballistics Section, Forensic Science Laboratory, South African Police Service, Pretoria, South Africa
4 Department of Anatomy, Faculty of Health Sciences, University of Pretoria, Pretoria, South Africa
5 Investigative Psychology Section, South African Police Services, Pretoria, South Africa
6 DNAbiotec (Pty) Ltd; Department of Immunology and Department of Forensic Medicine, Extraordinary Professor, University of Pretoria, Pretoria,
South Africa
7 Forensic Anthropology Research Centre, Department of Anatomy, Faculty of Health Sciences, University of Pretoria, Pretoria, South Africa
8 Department of Forensic Medicine, Faculty of Health Sciences, University of Pretoria, Pretoria, South Africa
9 Forensic Anthropology Research Centre, Department of Anatomy, Faculty of Health Sciences, University of Pretoria, Pretoria, South Africa
2 Department
South Africa
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
241
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Chapter 23
23.1 History of forensic sciences
in South Africa
23.1.1 Introduction
Each discipline of forensic science has its own history, its
own pioneers, its inception problems and its historical
achievements. Together these forensic science disciplines have all had to deal with a past that was
dominated by a segregated community with both Eurocentric and African traditions. This has influenced, and
still affects, the day to day activities of all forensic scientists functioning within the country. The impact of
apartheid, divided families, bantu education and racial
domination as institutionalized in the past South African
judicial system, must take some blame for the extremely
high levels of crime that prevail in our current society
(Centre for the Study of Violence and Reconciliation,
2009). The new democratic South Africa has seen little progress towards the elimination of extreme poverty,
with resulting populations of rich and poor living side
by side, creating a natural osmotic climate for criminality. The influx of illegal foreign nationals has also been
blamed for the high levels of crime (Humanitarian News
and Analysis, 2013), a claim that has been questioned.
The crime levels as indicated in the 2012/2013 official
SAPS crime statistics are: 16,259 murders, 66,387 sexual
offences and 105,888 robberies with aggravated circumstances (South African Police Services Crime Statistics,
2013). The quality and validity of these official statistics has often been called into question, primarily due
to relatively poor raw data collection and interpretation
of findings. Understaffed forensic services with budget
restraints together with overworked police officers, who
have to investigate, analyse and present to the courts
evidence related to the multitude of criminal acts, contribute to the current problems experienced in the forensic community.
South Africa was colonized by the Dutch in 1652 and
the English in 1795, with the result that South African
law is based primarily on Roman Dutch principles with
a strong English law influence. Post-apartheid South
Africa has seen the abolition of many discriminatory
laws coupled with pioneering decisions in the area of the
death penalty, visiting rights, free access to medical services and the acknowledgement of language diversities.
The right to a fair trial in South Africa is now entrenched
in Section 35(3), which assures the right to be tried
in a language that the accused person understands
(Du Preez, 2013). The present “South African law” is
composed of at least five layers, namely: Roman Dutch
law as common law, Roman Dutch law as civil law,
Tribal law, Islamic law and English law (Beat, 2002).
An area of concern is the fact that the prosecution and
the investigative arms of the state are housed under the
same umbrella, causing distrust in several sections of the
community. The legal system with its continually changing legislature has a direct impact on the forensic science
community, as was seen when the so-called “DNA bill”,
the Criminal Law (Forensic Procedure) Amendment Bill
B09-2013, was introduced into parliament on 8 May
2013. Chapter 8 of the “National Health Act” includes
several aspects of international law pertaining to issues
such as the use of stem cells and aspects related to the use
of human tissue in research. While the promulgation of
Chapter 8 and regulations thereto might be a welcome
step towards partial relief from the regulatory vacuum,
several important gaps still exist and several newly introduced inaccuracies have added further complexity to the
situation (Pepper, 2002).
The end of apartheid in 1994 saw drastic changes in
all spheres of society including forensic science services.
The dramatic increase in acceptance of all social races
into tertiary institutions of learning has seen a more representative profile in all scientific spheres of our forensic
services.
Health care practitioners including forensic pathologists, forensic odontologists and medically qualified
forensic anthropologists are highly regulated by the
statuary Health Professions Council of South Africa
(HPCSA). Accreditation and professional audit with
respect to many of the other disciplines in the domain
of forensic sciences is not at the same level of regulatory
control. The remaining forensic sciences have been
neglected, having no statutory governing body. This has
led to unsatisfactory and insufficient national standards
and guidelines, questions concerning quality control
and the existence of facilities running without accreditation, certification or a general code of ethics (Olckers,
Blumenthal and Greyling, 2013). Notwithstanding the
above, South Africa has a large fraternity of highly
qualified and extremely competent forensic scientists.
This chapter only addresses a select group of forensic
disciplines, but it must be stated that forensic services are
available by experts in a wide range of fields, including
forensic entomology, forensic engineering, criminology,
The history and current status of forensic science in South Africa
questioned documents, computer forensics, forensic
nursing and fingerprint identification.
23.2 Medicine and pathology
in South Africa
23.2.1 Historic overview
For the past approximately 100 years, professional
forensic medical services in South Africa were primarily
rendered by medical practitioners who held official
appointment as District Surgeons (DSs). Forensic medical services include clinical forensic medical services
(referring to the evaluation of living patients with
respect to rape and sexual assault, interpersonal violence, elder and child abuse, driving under the influence, etc.) and morbid forensic pathology (medicolegal/
autopsy investigation of sudden, unexplained and/or
unnatural deaths).
District Surgeons were generally medical practitioners in private practice but who held part-time official appointments to render services on behalf of the
National or Provincial Departments of Health, incorporating three broad categories: routine medical services
to indigent population groups and the elderly, duties of
an official nature (vaccination services, issuing of travel
certificates, pre-employment examination for civil servants, etc.) and forensic medical services (both clinical
forensic and morbid pathology services). Such appointments were made in virtually every magisterial district
(approximately equivalent to counties in the United
Kingdom, and of which there are more than 350 across
the nine provinces of South Africa). In many districts,
only one DS held appointment, although larger or more
populous districts may have had more than one DS. One
distinct advantage of this system was that, over time,
these designated medical practitioners developed substantial experience and expertise in forensic medicine,
not only in diagnostic skills but also in medicolegal
report writing, courtroom skills, etc. DSs were responsible for evaluating virtually every incident and/or case
involving interpersonal violence that was reported to the
police and thus became highly experienced medicolegal
practitioners in most cases.
After the first democratic elections in 1994, the official
designation and post of District Surgeon was abolished,
and all cases that had previously been attended to by the
DS would attend local clinics and hospitals, where the
243
resident medical officer (casualty officer) would render
the requisite forensic medical (diagnostic and therapeutic) service. Due to the relatively junior profile of
medical practitioners at such centres, their unwillingness
to become involved in matters that could result in court
proceedings and the relative lack of interest displayed by
most of these clinicians, etc., there has been a dramatic
decline in clinical expertise and experience of medical
practitioners who now must testify in courts of law.
Historically, District Surgeons also rendered morbid
pathology services, including medicolegal investigation
of death in cases of sudden, unexplained and/or unnatural death. In most magisterial districts, both clinical
forensic medical services and morbid pathology services
were rendered by the same medical practitioner. Such
a DS would therefore conduct medicolegal autopsies
on a regular basis, prepare his/her report and subsequently testify in a court of law. In some larger towns
and cities, District Surgeons may have been appointed to
render exclusively clinical or morbid pathology services.
In larger metropolitan centres, specialist forensic medical practitioners (forensic pathologists), were appointed
to render medicolegal investigation of death services.
Although professional forensic pathology services
were rendered by medical practitioners, the physical
infrastructure (medicolegal mortuaries) and administrative and functional organization, as well as overall
logistic and budgetary responsibility, were the responsibility of the SAPS, who provided the human resources,
vehicles, equipment and other facilities required for
a comprehensive death investigation service. Thus,
police officers were responsible for collecting bodies
from crime/death scenes, overall functioning of medicolegal mortuaries, providing autopsy assistants for
pathologists, interacting with the public and funeral
undertakers, etc. Medical practitioners were, however,
in the service of the national or provincial Departments
of Health and were not on the payroll of the South
African Police Service.
In the 1990s, negotiations began for medicolegal
mortuaries and the entire forensic pathology service to
be transferred from the budgetary, administrative and
operational control of the South African Police Service to
the Provincial Departments of Health. This was effected
in 2006, with all medicolegal mortuaries becoming the
responsibility of Provincial Directorates or Divisions of
Forensic Pathology Service, across all nine provinces
in South Africa. The involvement of the SAPS is now
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Chapter 23
limited to securing crime/death scenes and the requisite
police/criminal investigation including most aspects of
identification and collection of physical evidence, but
excluding the responsibilities for the collection, handling and examination of bodies and related evidentiary
material at scenes and medicolegal mortuaries. The
Provincial Departments of Health now also employ
Forensic Pathology Officers (FPOs), who are responsible
for collecting bodies from death scenes, admission of
such bodies at medicolegal mortuaries, assisting pathologists during medicolegal autopsies, victim identification
procedures and other administrative requirements.
23.2.2 Legislative framework
The legislative framework within which the medicolegal investigation of death service is conducted in South
Africa is provided for primarily within the following
statutory framework:
r The Inquests Act (Act 58 of 1959) prescribes that all
non-natural deaths have to be reported to the police,
who must then investigate the circumstances of death
and make the body available to a medical practitioner,
who shall examine the body for purposes of establishing the cause of death with greater certainty.
r The Registration of Births and Deaths Act (Act 18
of 1969), which prescribes that medical practitioners
must issue Notification of Death forms (specifying the
primary medical cause and/or mode of death) in all
cases where death has been due to natural causes.
Where the practitioner is of the opinion that death
was not entirely due to natural causes, the matter
must be referred to the SAPS and the Forensic Pathology Service for further investigation.
r The National Health Act (Act 61 of 2003). Chapter 8 of
this act provides for the use of human tissues for purposes of research, teaching and training, transplantation and therapeutic applications. In addition, the
performance of postmortem examinations of a nonforensic nature is provided for. The Act provides for
the Regulations Regarding the Rendering of Forensic Pathology Services in South Africa, which further
define the scope of death investigation responsibilities and provides the mandate for Forensic Pathology Service divisions of the Provincial Departments of
Health to perform medicolegal autopsies and render
related services in cases of unnatural death. Unnatural deaths are by law defined to include all deaths that
were brought about by the effects of physical and/or
chemical forces or agents, all sudden, unexpected or
unexplained deaths and all deaths that may have been
due to intrinsically natural causes or conditions but
where (in the opinion of a medical practitioner) negligence may be implicated as well as all deaths that
take place during a surgical/anesthetic procedure or
where medical treatment may have resulted in complications that may have contributed to the demise of
the patient.
r The Health Professions Act (Act 56 of 1974). Recent
amendments to the Health Professions Act prescribe
that medicolegal investigation including autopsy must
be undertaken in all cases where death may have
taken place during a surgical/anaesthetic procedure
or had resulted from a complication related to any
form of medical treatment (diagnostic, therapeutic or
palliative).
r The Criminal Procedure Act (Act 51 of 1077) makes
provision for the acquisition of specimens and scientific investigations related to bodily tissues and/or
samples for purposes of establishing facts and/or
conditions that may be relevant at future criminal
proceedings.
23.2.3 Academic teachings and training
in forensic medicine in South Africa
There are presently eight tertiary academic institutions
that have Faculties of Health Sciences producing medical practitioners in South Africa. In total, approximately
1200 medical practitioners graduate from these medical schools annually. There are currently approximately
28,000 active medical practitioners in South Africa servicing a population of 52 million. No one is allowed to
practice medicine in South Africa without official registration with the Medical and Dental Professions Board of
the Health Professions Council of South Africa (HPCSA).
Medical practitioners may hold registration as general
medical practitioners or as specialists in defined clinical
or pathology disciplines recognized by the HPCSA.
All medical schools teach basic principles of forensic
medicine at the undergraduate level, including medical law and jurisprudence, basic thanatology, basic
postmortem techniques, principles and procedures of
medicolegal investigation of death, legal and ethical
perspectives of certification and notification of death,
as well as aspects of clinical forensic medicine. There
is wide divergence amongst medical schools as to the
scope and detail of such undergraduate courses, varying
The history and current status of forensic science in South Africa
from a few hours of total tuition time to a cumulative
total of almost 100 hours of theoretical and practical
tuition at some institutions. At most medical schools
it is mandatory for senior medical students to attend a
number of medicolegal autopsy sessions at designated
medicolegal mortuaries.
Nearly all medical schools offer postgraduate residency training in forensic pathology, leading to recognized academic degrees registerable with the HPCSA,
thus allowing successful candidates to register and practice as specialist forensic pathologists. Such training generally comprises four to five years of residency training,
including formal assessments in a variety of pathology
disciplines, predominantly comprising anatomic and
forensic pathology modules. Proof of research capacity
and output is now also a prerequisite for successful completion of residency training. Until recently, most medical schools offered the postgraduate degree of Master of
Medicine (MMed) in forensic pathology, but currently
final examinations are conducted under the auspices
of the Colleges of Medicine of South Africa, with the
degree of Fellowship of the College of Forensic Pathologists (FCForPath[SA]) being conferred on successful
candidates.
Faculties of health sciences generally have between
four and ten accredited residency training posts, with a
combined annual national output of only four or five
qualified specialist forensic pathologists in South Africa.
Despite the great need for increased numbers of specialist forensic pathologists in this country, the total number
of active registered specialist forensic pathologists here
remains steady at between 35 and 45 pathologists.
General medical practitioners may also undergo further discipline specific and vocational training without formally embarking on residency training programs,
after which they may sit for the Diploma in Forensic
Medicine or Pathology with the Colleges of Medicine of
South Africa. However, the diploma does not allow for
the registration of a specialist degree or designation as
specialist pathologist with the HPCSA.
23.2.4 Forensic pathology services:
demographic and related service
perspectives
South Africa has a total population of approximately 52
million people. Mortality statistics are regularly provided
by Statistics South Africa, the official national agency
responsible for supplying population figures. Although
245
official figures would suggest lower numbers, it is likely
that at least 70,000 non-natural deaths take place annually in South Africa, if regard is had for the full spectrum of cases included in the definition of “non-natural
death”. The reliability and accuracy of crime statistics
and homicide/murder figures (as released by official
agencies, including the SAPS) are a topic of intense
debate, not least because the government has placed a
moratorium on the release of such data. Up to 25,000
homicidal deaths, 15,000 road traffic accident fatalities
and almost 10,000 suicidal deaths form part of the overall annual mortality figure in South Africa.
South Africa is geographically divided into nine
provinces, of which Gauteng Province (population of
approximately 12 million people) and KwaZulu-Natal
(approximately 10 million people) constitute by far the
most populous regions. Both Pretoria, the political capital, and Johannesburg, the economic hub of South
Africa, are situated in Gauteng Province. Recent reports
suggest that the metropolitan area where citizens are
at highest risk of violent or non-natural death is Cape
Town.
Every Provincial Department of Health now has
a Forensic Pathology Service Directorate or Division,
responsible for providing the physical infrastructure and
human resources in order to render a medicolegal investigation of death service. In the larger cities and towns,
one or more forensic pathologists may be attached to
larger medicolegal mortuaries, but the bulk of medicolegal autopsies are still being conducted by nonspecialist medical officers and trainee pathologists (residents).
It is rare for forensic pathologists to practice in rural
communities and/or smaller towns. On average, forensic medical practitioners conduct between 400 and 600
medicolegal autopsies per annum, although significantly
larger numbers of cases may be attended to in some
regions.
23.2.5 Support services
A full spectrum of specialist support services across virtually all forensic science disciplines is available to forensic
medical practitioners at medicolegal mortuaries across
South Africa. Due to relatively poor functional organization and logistic deficiencies, access and use of these
services is often limited. Routine access to histology and
toxicology services generally exists, but other specialized
scientific services (including anthropology and odontology services, forensic genetics/molecular biology and
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entomology services) are less readily available. These
services are generally provided either from within the
auspices of the SAPS Forensic Science Laboratories or
from within academic/scientific departments at universities or other tertiary education colleges or scientific
institutions.
23.2.6 Defined problem areas
South Africa has a generally well-developed legal framework and service platform for the rendering of a
medicolegal investigation of death service, with a systematized and routine delivery of service in all geographic areas. The quality of diagnostic service and
efficiency of processing of cases remains questionable in
many areas, especially outside of larger cities and facilities. The following specific problems exist:
r Inadequate professional manpower, with far too
few formally trained forensic pathologists and very
few appropriately trained forensic pathology officers
who are responsible for attending scenes, gathering
appropriate information and assisting pathologists at
autopsy.
r Suboptimal mortuary facilities and poor autopsy and
related investigative equipment, including inadequacies in modern diagnostic and service aids such as photographic equipment, diagnostic radiologic support,
etc. Despite a substantial recent increase in funding for
forensic pathology services countrywide, much still
remains to be done on this front in order for an appropriate service to be rendered in South Africa.
r Poorly developed and nonstandardized operational
protocols pertaining to death investigation, with a
general lack of interinstitutional and interagency
memoranda of understanding, SOPs, service level
agreements, etc.
r The lack of an efficient, reliable forensic toxicology
service.
r Poor mortuary information management systems and
inadequate use of statistics to procure appropriate
funding and to empower managers to improve service
delivery.
r Lack of accreditation processes and inadequate measures to ensure professional and institutional audit
and quality control, undermine ongoing efforts at
improving diagnostic accuracy and compiling reliable
and authoritative medicolegal reports for use in adversarial legal proceedings.
23.3 Forensic odontology
in South Africa
23.3.1 History of forensic odontology
in South Africa
The first notable reports regarding forensic dentistry in
South Africa appear in the book Forensic Odontology, Its
Scope and History (Hill et al., 1984). The first forensic
dental position was established in 1966 when Professor C.W. van Wyk was appointed as Honorary Consultant Forensic Odontologist to the South African Police
Services. In 1977 the South African Society for Forensic Odonto-Stomatology (SASFOS) was formed with
close links to the International Organisation of Forensic Odonto-Stomatology (IOFOS). South Africa can be
very proud of the fact that the first dedicated forensic
dental journal was established by Professor H.A. Shapiro
in 1983. The journal, known as the International Journal
of Forensic Odonto-Stomatology was first published in 1983
with Shapiro as its editor. Since then forensic dentistry
has flourished, with most dental schools having forensic dentists on their staff. In several mass disasters on
the continent of Africa, forensic dentists have played a
role in the identification of victims: Windhoek air disaster, 1968 (Professor C.W.van Wyk), terrorist bombing in
Pretoria, 1983 (Professor A.J. Ligthelm), Helderberg air
disaster, 1987 (Professor A.J. Ligthelm), Kenya air disaster, Douala, Cameroun, 2007 (Professor H. Bernitz) and
Maputo ammunition explosion (Professor H. Bernitz).
Professor H. Bernitz was the first South African to be
elected as International President of IOFOS, a position
he held from 2005 to 2011. During his term the paper
based journal (JOFOS) was changed to an open access
web-based journal.
23.3.2 Types of cases in forensic
odontology at the University of Pretoria
Forensic dental cases are received from the Department
of Forensic Medicine, Department of Forensic Anthropology, Victim Identification Centre of SAPS, Silverton
Forensic Laboratory and the Forensic Mortuary in Pretoria. The services rendered include:
r Corpse identification
r Age, race and gender determination of skeletal
remains
r Age determination of crime suspects and refugees
r Bite mark analyses
The history and current status of forensic science in South Africa
r Mass disaster management
r Odonto-stomatological investigations of child abuse
cases
r Forensic jurisprudence
23.3.3 Recruitment and training in forensic
odontology
Academic courses related to forensic dentistry are
offered at several universities in South Africa. These
courses are offered at the level of diploma, honours,
masters and doctoral. The courses are advertised on
the respective university web pages and the local dental journals. South Africa is one of the few countries
in which only university trained postgraduates work as
forensic dentists.
23.3.4 Disaster victim identification
(forensic odontology/forensic pathology)
South Africa was one of the first countries to have
a National Disaster Management Act, Act 57 of 2002
(Government Gazette, 2003). This Act has been recognized internationally as a model for disaster risk management as it gives effect to the concept of disaster
management through legislation.
The Disaster Management Act also makes provision
for emergency preparedness, rapid and effective disaster response and recovery, and the participation of
volunteers. A disaster is defined as a progressive or sudden, widespread or localized, natural or human-caused
occurrence that causes or threatens to cause: death,
injury or disease; damage to property, infrastructure or
the environment; or disruption of the life of a community. South Africa has a formal DVI team comprised of
police officials under the direct supervision of a senior
police official. All medical and dental services are ad
hoc and the number of protagonists is determined by
the size and nature of the disaster. These are primarily university staff, but, when needed, suitably qualified
private forensically trained dental practitioners can be
included.
247
degrees as at various institutions in South Africa. South
Africa has a proud record of publications in the field
of forensic dentistry. The publications include research
into: age estimation, mass disaster management, materials used in forensic dentistry, dental concordance and
bite mark analysis. Currently the Universities of Pretoria
and of the Western Cape are leaders in forensic odontological research.
The estimation of age in younger individuals between
the ages of ten and eighteen has always been problematic when handing down sentences to suspects with little
or no documentation. Many data are available to estimate the ages of young individuals in England, Canada
and Belgium, but little or no data are available in South
Africa for black populations. Research into the estimation of black South African children is ongoing.
The role of dental cementum in age estimation is also
being investigated. This research project will investigate
the possibility of determining life events, which manifest
as changes in the mineralization of this fascinating structure, which is laid down in yearly annulations similar to
the growth rings seen in trees.
Collaborative projects with researchers from the
Department of Mathematics and the Department of
Statistics using probabilities in analysing bite marks for
presentation in court cases is currently underway. The
research is applying Bayesian statistics to the prevalence
of selected dental features observed in the Gauteng population in an effort to determine the probability of guilt
in bite mark related cases.
A research project is also being undertaken that forms
part of an MSc in which the student aims to collect and
analyse a representative sample of five commonly used
dental features in the province of Gauteng. This ambitious project aims to include 4300 bite mark registrations
obtained within the province and will analyse the prevalence of five selected dental features in the anterior dentition.
A research projects using CBCT scans for identification
purposes is also being investigated.
23.3.5 Research in forensic dentistry
Current research in forensic dentistry has focused
mainly on bite mark analysis techniques, frequency of
features within demarcated/representative population
samples and age estimation in different racial groups
within the country. These aspects of research are being
addressed in research projects that form part of academic
23.4 Forensic anthropology
in South Africa
23.4.1 History of physical anthropology
The development of a discipline is dependent on
prominent researchers in the field as well as the social,
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political and environmental circumstances of a country.
In the early 20th century, R.A. Dart, T.J. Dreyer, M.R.
Drennan and R. Broom, who were originally trained
as a medical doctor, a zoologist, an anatomist and a
paleontologist, respectively, introduced and gave rise to
the discipline of physical anthropology in South Africa
(Morris, 2012). Research focused on the origin of South
African populations, the typology of modern and historic groups and human evolution (Morris, 2012). The
most outstanding example of South African scholarship
was Raymond A. Dart’s discovery of Australopithecus
africanus, or the Taung child, in 1924 (Dubow, 1995).
In the middle of the 20th century, research in physical anthropology began to diverge from the typological
approach towards a more modern description of human
variation in South Africans. A turning point in physical
anthropological research was De Villiers’ (1968) study
on the crania of modern black South Africans, which
laid the foundation for later development of population specific formulae among South African groups and
the application of these methods to unknown remains
(L’Abbé and Steyn, 2012).
Devoid of theoretical influence from either social or
cultural anthropology, South African physical anthropology was taught and researched exclusively in
medical schools and not the humanities, which makes
physical anthropology in South Africa distinct from
the North American emergence of the discipline. Thus,
physical anthropologists in South Africa are not always
exposed to anthropological theory but in contrast
receive a much stronger education founded in the
anatomical and medical sciences.
23.4.2 Recruitment/training/certification
The impact of forensic anthropology on the large number of missing people and unidentified corpses in South
Africa is only as valuable as the efforts placed into the
investigation of these cases. As such, a skeletonized
case found in the veldt logically receives less attention
from overburdened investigating officers than a recent
homicide.
Within the last 10 years, various academic institutions
have opened research facilities to cope with unidentified
skeletal remains. The Forensic Anthropology Research
Centre was established in the Department of Anatomy at
the University of Pretoria in 2008. Similar groups have
also been formed at the University of Cape Town in the
Western Cape in 2010 and the University of Witwatersrand in Johannesburg in 2013.
Anatomy departments at the University of Pretoria,
University of Witwatersrand, University of Cape Town
and Stellenbosch University offer postgraduate degrees
from BSc Honours to PhD in physical anthropology
and the University of Cape Town also offers an MSc in
Biomedical Forensic Science. At the various institutions,
students are often recruited from the Basic Medical Sciences programmes with their only experience in anthropology being a course in human evolution and often in
physical, or forensic, anthropology. No clear guidelines
are available as to who can call him/herself a forensic
anthropologist; neither are there specific requirements
with regard to minimum qualifications for this type of
expertise. Without minimum qualifications or standards
in training or expertise, the proficiency level of each
anthropologist varies and thus the aptitude to conduct
forensic anthropological analyses is a paramount problem in South Africa.
23.4.3 Types of cases in the Department of
Anatomy, University of Pretoria
Since 1993, the Department of Anatomy at the University of Pretoria has received requests to conduct anthropological analyses from either the SAPS or local forensic
pathologists (L’Abbé and Steyn, 2012). Between
January 2002 and September 2012, a total of 555 cases
were analysed at the Forensic Anthropology Research
Centre. Most of the bodies were collected from the veldt
(26%) in various stages of decomposition; the most
common was skeletonized (50%), followed by partially
skeletonized (31%), advanced decomposition (15%)
and fresh (2%). Due to increased economic growth in
the country, several skeletons were also inadvertently
removed from historical cemeteries and early and late
Iron Age period archaeological sites.
On average, males were estimated to comprise 52% of
the cases, with a distinctly larger incidence of estimated
black (76%) than white South African ancestry (5%);
these numbers are reflective of the demographics of
the country. In about 11% of cases the sex could not
be established, as the remains were either incomplete
or very young. The majority of cases involved adult
remains (86%), while only 5% were estimated to be
between 11 and 18 years old at death and 4.5% were
10 years and younger. Traumatic bone injuries primarily
The history and current status of forensic science in South Africa
included antemortem trauma, focused mainly on the
skull and thorax. Perimortem bone trauma ranged
from – in order of frequency – blunt, ballistic to sharp
injuries. Approximately 9% of the bodies were found
burned, which included two cases of necklacing, postmortem burning in the veldt and garbage dumping
sites, and two house fires.
23.4.4 Research
Current anthropological research in South Africa is
strongly focused on exploring human variation within
the population and subsequent comparison with other
populations, with emphasis on countries that contributed to the genetic composition of modern South
Africans. Evaluation of human variation is directly associated with forensic applicability. The consistent derivations of population specific techniques in all realms of
the biological profile strive to make forensic anthropology in South Africa comparable to other countries.
Many studies on modern human variation in South
Africa focus on the cranium. Historically, cranial
research was limited to univariate measures, such as
cranial indices, but this approach has not adequately
captured human variation within the country. Using
multivariate statistics on the cranium, Steyn and Iscan
(1997) distinguished black and white South Africans
with classification accuracies between 75% and 94%,
with the mid-face shown to be more discriminatory
than the vault dimensions. Nasal breadth and height,
particularly, yielded consistently higher classification
accuracies than other mid-face dimensions. The pattern
re-emphasized that mid-facial features have the most
discriminatory ability in ancestry estimation (Hefner,
2009; L’Abbé et al., 2011; McDowell, L’ Abbé and
Kenyhercz, 2012). Expanding on the mid-face analyses,
McDowell, L’Abbé and Kenyhercz (2012) achieved similar classification accuracies for the size and shape of the
mid-face dimensions for white and black South Africans.
A custom database has been created for use with the
software program FORDISC3.0 (FD3) and has offered a
means to apply multivariate statistical analyses to craniometric data to explore population variation and thus
ancestry estimation in South Africa. A large, modern
South African sample comprises the custom database
that includes the three largest population groups in
South Africa, namely black (n = 158), white (n = 114)
and coloured (n = 247). Utilizing craniometric measures
in a three-way DFA (black, white, coloured with sexes
249
pooled) has resulted in classification accuracies as high
as 82% (L’Abbé et al., 2013). The use of the entire crania
instead of solely the mid-facial region has improved
classification accuracies. Interestingly, when population
and sex are incorporated into the analyses, different
misclassification patterns by population are obvious.
Whereas white and black males and females misclassify
into the opposite sex but same ancestry, coloured males
and females misclassify into the same sex but different
ancestry.
Using the entire cranium and geometric morphometrics rather than linear measures, L’Abbé et al. (2013)
compared cranial shape among three modern South
Africans and achieved an increase in classification accuracy to 90%. In their analyses, they found two major
separations: between whites and the remaining groups,
and between blacks and coloureds. The first separation
between whites and the non-white groups is due in
large part to the relatively higher and more anteriorly
placed euryon, overall reduction of the facial skeleton
and comparably taller crania of white South Africans.
The second separation between black and coloured
South Africans involves cranial breadth, as blacks
demonstrated a much more infero-anteriorly placed
euryon in comparison to coloureds. The large withingroup variation is expected for South African coloureds,
who represent one of the most unique populations in
the world, exhibiting more inter- and intracontinental
contributions than any other population.
The ability to estimate ancestry using postcranial
measurements is currently being assessed. Historically,
postcraniometric variables were never explored even
though South African populations demonstrate disparities in final attainment of stature (Steyn and Smith,
2007). Population differences in stature are even apparent in South African subadults between the ages of 6 and
10 years (Anholts, 2013).
Several postgraduate students explored research
topics in estimating the postmortem interval and
decomposition rates with body size in northern South
Africa (Myburgh, L’Abbé and Steyn, 2013). Keough
et al. (2012) assessed burn patterns on fleshed, wet and
dry remains and then quantitatively recorded burn patterns on pig carcasses ranging from fresh to skeletonized
and provided information on burn patterns associated
with wet and dry bone as a means for discussing the
possible timing of the burn event on a body recovered
from the veldt.
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23.4.5 Future directions
South Africa has become a centre for research, primarily
due to the overhauling of forensic standards to meet the
requirements/standards presented in other countries. In
addition to developing population-specific standards for
the diverse population, new methodologies, such as geometric morphometrics, and new analytical techniques,
such as flexible discriminant function analysis and multivariate adaptive regression splines, are being utilized to
demonstrate not only their applicability in South Africa
but also in forensic anthropology at large. For the future,
in order to improve the value of research methodology
for South African populations, South African students
need additionally to be exposed to anthropological theory as well as the basic medical sciences, as the value of
an applied method in forensic casework is only as strong
as the reliability and validity of the research used to
create it.
With large skeletal collections and strong collaborative
research ties with leading experts throughout Europe
and North America, South Africa has the potential to
become a leader in the study of human variation and
forensic anthropological techniques applicable to the
country, specifically, and sub-Saharan Africa, in general.
Some constraints include the overwhelmingly high rates
of crime, the general unimportance of skeletal remains
in death investigations and the relative isolation of the
country from the general academic community (L’Abbé
and Steyn, 2012).
23.5 DNA evidence in South Africa
23.5.1 Introduction
The largest forensic DNA laboratory in South Africa is
the South African Police Service (SAPS) Forensic Science Laboratory (FSL). The main DNA analysis laboratories are situated in Pretoria, Gauteng and Cape Town,
Western Cape. These are currently the only laboratories
that perform DNA analysis within the FSL network. Two
other DNA laboratories are located in Port Elizabeth and
Durban, but perform only DNA evidence recovery.
Private laboratories are prohibited by law from analyzing DNA profiles for criminal cases. There are, however,
several private pathology firms that perform DNA typing used in civil cases, mainly paternities. Several efforts
in the past to convince the FSL to outsource DNA typing for criminal cases have been unsuccessful. However,
the call for higher quality in forensic services is increasing and even the option of a public–private partnership
to improve forensic services in South Africa is being discussed (Barnard, 2014).
23.5.2 Cases using DNA evidence
DNA evidence has been used in South African courts
since the late 1990s, with State v. Parker (2000) being
one of the first cases where short tandem repeat (STR)
technology was used. Since then the technology has
been implemented widely and in 2013 there were
314,613 cases processed in the DNA analysis unit of
the FSL (Smith, 2014). Of all cases received annually,
approximately 70% are sexual assaults (Lucassen, as
cited by Omar, 2008) with the rest being other violent
crimes including murder and other assaults. Of all the
cases received per year 60% will not be typed for DNA
profiles, due to no DNA being detected in the preliminary testing phase on the evidence submitted and only
approximately 10% of all samples will yield sufficient
DNA for DNA typing (Omar, 2008).
23.5.3 Integration of forensic science
The process from collection at the crime scene is outlined
in Table 23.1 for a case involving DNA evidence.
The chain of custody is critical not only outside of the
laboratory, from collection at the crime scene until it
reaches the laboratory, but also inside the laboratory.
A so-called paper trail is in place inside the laboratory
that documents each step and test that is performed on
the sample. This trail is auditable from raw data that
can be recovered by the defence. Inside the laboratory
all actions that are taken with regard to the samples
are taken according to the quality manual’s prescriptions, which are documented in standard operating procedures (SOPs) up to the level of generating the final
report, Section 212(4)(a) affidavit. This provides a thoroughly documented record of the entire analysis workflow. During interpretation one of the key outcomes is
the final statement. In the forensic DNA laboratory only
one of three statements should be made to convey the
valid interpreted result (Essential DNA Evidence Short
Course, 2013):
(a) Inclusion
(b) Exclusion
(c) Inconclusive
The distinction between the different categories is
important as it is part of the interpretation of DNA results
The history and current status of forensic science in South Africa
251
Table 23.1 Outline of the process followed with DNA evidence (adapted with permission from Meintjes-van der Walt, 2010)
Crime scene
South African
Police Service
Investigating
officer opens
docket
SAPS Criminal
Forensic Science
Record and
Forensic Science Laboratory (FSL)
Service
Biology Section
(CRFSS)
National
Prosecuting
Authority
Prosecutors
Court System
Criminal courts
Department of
Correctional
Services
Correctional
services
∙
∙
∙
∙
∙
∙
∙
∙
∙
∙
Identification
Collection
Packaging
Storage
Case Administration System number
assigned to the case
Chain of custody
Samples from victim/accused
Transfer to laboratories
Storage
Charge and suspect arrested,
reference blood sample obtained
∙
∙
∙
∙
∙
∙
∙
∙
∙
∙
∙
∙
Chain of custody
Samples received at FSL
Presumptive testing
DNA extraction
Quantification
PCR
Electrophoresis
Electropherogram
DNA profile generated
Evaluation of profile quality
Profile submitted to database
Comparison with other profiles on
database
∙ Interpretation within case context
∙ Match declared if applicable
∙ Laboratory report: Section 212(4)(a)
Affidavit
National Forensic
DNA Database
(NFDD)
∙ Sample collection
∙ DNA profile
comparison
∙ Arrestees
∙ Convicted offenders
∙ Cold hits
∙ Indictment
∙ Pre-trial proceedings
∙ Discovery
∙
∙
∙
∙
∙
∙
∙
∙
Evidence att trial
DNA expert testimony
DNA match
Significance of match
Adjudication
Sentencing
Post sentencing
Database entry of samples: convicted
offenders
∙ Convicted offender DNA collection
∙ Appeals
∙ Parole
The DNA case process flows from the crime scene where evidence is collected via the FSL to the courts and ultimately to correctional
services. The interface between the DNA database and other elements in the process are indicated by dotted lines.
that is open to bias and misinterpretation. It requires skill
and objective evaluation of the data. It is thus imperative that training is appropriate and sufficiently in depth
to provide a solid foundation for these skills to be honed
over time.
23.5.4 Education and training
In the past when potential DNA analysts entered the
FSL for employment they were trained in-house according to an unaccredited syllabus. In 2007 the first formal
forensic science qualification, the National Certificate in
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Chapter 23
Forensic Science, was developed and registered on the
National Qualifications Framework of South Africa. It is
currently used as an entry level qualification for personnel at the FSL.
Prospective employees of the FSL are now required
to hold an appropriate degree in science depending on
the section of the FSL into which they will be deployed
(SAPS, 2014). In the biology unit where DNA analysis is performed, it is imperative that a thorough scientific background is present since the analyst should not
only be able to perform satisfactorily in that unit but
also explain their results in court. The FSL uses a system
of induction and in-house training, followed by competency testing and operational mentorship prior to the
analyst being able to work independently (Omar, 2008).
In the past 3 years several academic institutions in
South Africa have initiated forensic science programs to
meet the growing demand in the market. These programs are determined by the institutions themselves and
nationwide uniformity in these programs is not a key
priority at present. It is envisaged that there will be
national guidelines in the future stating a minimum criteria to which programs must adhere to in order for
graduates to be able to register at the regulating body
SACNASP (the South African Council for Natural Scientific Professions).
It is encouraging that Legal Aid South Africa, which
employs by far the largest number of legal professionals
in South Africa, if not Africa, is empowering their legal
professionals with training on DNA evidence. Legal
Aid SA is an independent body that provides legal
assistance to those who cannot afford it. Legal Aid SA is
dedicated to training their legal practitioners in the skills
they require, in order for them to have the technical
competencies to deal with, for example, DNA expert
evidence (Hundermark, 2014).
23.5.5 Funding
The budget for public funded forensic science services
originates from the government and is revised annually. This is allocated to the different departments at the
national level including the Department of Police. In this
department, the FSL resorts under the Criminal Record
and Forensic Science Service division. Accountability
for this division resorts under the Divisional Commissioner: Criminal Record and Forensic Science Services
(SAPS, 2014).
In the case of a large project such as the fully robotized Genetic Sample Processing System (GSPS) external funding from, for example, the European Union was
obtained. These large scale infrastructure projects generally are of national importance in terms of crime prevention and management.
23.5.6 Regulation of the forensic science
profession
The SACNASP is the body mandated by law to regulate
the field of natural science professions, including forensic science. In Schedule 1 to the Natural Scientific Professions Act, Act 27 of 2003, Forensic Science is listed
as a field of practice regulated by this Act. The Forensic
Science category was recently removed and the field is
currently unregulated in South Africa.
There are current efforts underway to form a Forensic Science Academy in South Africa during the coming
year (Olckers, Blumenthal and Greyling, 2013). After
organizing the profession, the Academy will be able to
petition the SACNASP to reopen the category of forensic
science for regulation of the forensic science profession.
The SACNASP has to date worked diligently with the
tasked professionals in the field to get forensic science
regulated again at the earliest date possible.
It is envisaged that the formation of a Forensic Science
Academy in South Africa will ultimately bring about a
system of continued professional development that will
allow forensic scientists to stay up to date, which will be
a requirement of their registration with the SACNASP.
The Academy should also host events to foster healthy
scientific discussion about DNA evidence between peers
and the exchange of values and ideas to ensure that
forensic science is practiced with integrity.
23.5.7 Quality assurance and laboratory
accreditation
The accreditation of laboratories according to the standards of the International Organization for Standardization (ISO) is performed by the South African National
Accreditation System (SANAS) in South Africa (Act 16
of 2006). The SANAS has been a signatory to the International Laboratory Accreditation Co-operation (ILAC)
agreement since 2000, which facilitates the acceptance
of accredited laboratory results across national borders
(ILAC, 2014). The SANAS is organized in several fields,
one of which is forensic science. The Specialist Technical Committee (STC) of forensic science within the
The history and current status of forensic science in South Africa
SANAS sets the guidelines for accreditation in forensic science laboratories at the national level. This STC
is comprised of several key stakeholders in the forensic
science national landscape. SANAS accreditation implies
that minimum quality standards are in operation in the
laboratory and that on the day of inspection the laboratory was declared competent to perform the specified
tests.
South Africa has a widely publicized high crime rate.
It flows logically that the major State forensic laboratory in the country would have a high case load, which
is indeed the case for the FSL. This laboratory, which
has the highest case throughput in the world in terms of
forensic samples processed per annum, is not accredited
by the SANAS. There are currently two forensic laboratories in South Africa that are accredited and neither is
connected to the FSL. The Forensic Chemical Laboratory
of the Department of Health in Cape Town was accredited in 2010 (SANAS, 2014) in the field of chemistry and
performs toxicological analyses. The University of Pretoria Forensic Toxicology Laboratory was accredited in
2012 (SANAS, 2014). The only two forensic science laboratories accredited in South Africa are thus both in the
field of chemistry, specifically toxicology. Each cycle of
accreditation is for a period of five years after which it
can be renewed.
The issue of accreditation is thus urgent but fortunately has been noted by the Portfolio Committee
of Government. “The lack of accreditation of Forensic Science Laboratories (FSL), even though not legally
required, is a problem as some cases have been dismissed by the courts due to the lack of accreditation”
(Report of the Portfolio Committee, 2012). Monitoring of this aspect by the Portfolio Committee on Police
will hopefully assist in getting the accreditation of
the Forensic Science Laboratory realized in the near
future.
253
training of their analysts requires attention at both the
technical and ethical levels. Regulation of the forensic
science profession is thus imperative to elevate the quality of testimony by scientists in court in South Africa.
23.5.9 Technology of DNA typing
South Africa started to use STR technology in the late
1990s with the first cases going to trial after 2000. State
v. Parker (2002) was one of the first STR based DNA
cases, although it was used prematurely by the State laboratory before it was validated for use in casework. Initially kits with nine STR markers were the international
norm (see Table 23.2), but this was found to be inadequate and 15-STR kits were developed, validated for
use and implemented in most forensic laboratories. The
current norm at the international level is to use 23 or
more STR markers per DNA profile. In South Africa the
FSL will finalize “full implementation” of 15-STR kits in
2014 (Smith, 2014). Other methods, for example X and
Y haplotypes and mitochondrial analyses, are not routinely used in the FSL.
In terms of throughput, the FSL was, in 2007, with the
commissioning of the fully automated robotics Genetic
Sample Professing System (GSPS), the first laboratory in
the world to have such a processing platform operational
(Omar, 2008). The GSPS was single-handedly responsible for eliminating the backlog in DNA cases that hampered the efficient delivery of justice for many years.
Early in 2013 the GSPS was switched off, first due to
disposable shortages (Barnard, 2013), and subsequently
it was permanently switched off and is being disassembled. Semi-automated processes are being instituted in
its place (Smith, 2014). This defies logic at both the technology and justice levels, as South Africa has not only
forfeited its leading role in automated DNA profiling but
is again facing substantial DNA backlogs that are not
conducive to the timely delivery of justice.
23.5.8 Testimony in DNA evidence
There is no national review system in place for testimonies delivered by the State laboratories’ analysts. If
this were the case, it would be unlikely for science mistakes and/or unethical testimony by the same analyst
(State v. Rapagadie, 2010; State v. Mlanga, 2012; Bokolo
v. State, 2013) not to have been detected and rectified. A
system of monitoring and evaluation is a powerful tool
for any forensic laboratory to identify areas where the
23.5.10 Legal aspects affecting DNA
evidence
Forensic evidence is science based and an objective
scientific evaluation of the data presented in court is
essential. Unfortunately in court there is an emphasis
on convictions by the National Prosecuting Authority
(NPA) since this metric is primarily used to evaluate their
performance (Redpath, 2012).
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Chapter 23
Table 23.2 DNA profiling kits launched by one commercial company for use in
forensic DNA analyses (Life Technologies, 2014)
Kit name
No. of STR loci in kit
GlobalFilerTM PCR Amplification Kit
®
®
AmpFLSTR Identifiler plus PCR Amplification Kit
®
®
AmpFLSTR Identifiler PCR Amplification Kit
®
®
AmpFLSTR Profiler Plus PCR Amplification Kit
Independent experts in DNA evidence are more
often than not regulated by the Health Professions
Council of South Africa (HPCSA) since they all also
perform work outside forensic science, which is mandatory (Health Professions Act, 1974). The HPCSA has a
strict code of conduct and emphasis is placed on eradicating unethical practice. Although this does not guarantee the ethical practice of independent experts, there
are severe consequences for them should they testify
unethically in a court of law. This is not the case for
the FSL expert witnesses, as they are exempt from the
HPCSA Act.
The Criminal Procedure Act (CPA), Act 51 of 1977,
together with the South African Law of Evidence
(Zeffertt, Paizes and Skeen, 2003), is the legislation that
governs how scientific evidence is introduced and handled in a court of law in South Africa. The South African
Law of Evidence contains a mere nine lines on how
to deal with DNA evidence and it pre-dates the advent
of STR technology. The CPA also requires updating to
keep track with the developing field of DNA evidence.
To this end the new Criminal Law (Forensic Procedures)
Amendment Bill was passed by the National Assembly in Parliament. This Bill will provide legislation, for
example, for the National Forensic DNA Database and
database hits, to facilitate the management of crime.
Until the promulgation of this Amendment Bill, a legal
vacuum existed for the use of DNA databases hits in
court.
23.5.11 Future direction
Interpretation. Although new technology will
always be adopted if it is fit for the purpose of
forensics, focus has now globally shifted to the
interpretation of the data generated (Butler, 2014).
Ethical practice of science. This is a clear goal
towards which the proposed South African Forensic
Launched
23
15
2012
2010
15
9
2001
1997
Science Academy must strive. The regulation of the
forensic science profession by SACNASP, with its
formalized code of conduct and mandatory consequences for unethical conduct, will go far to rid the
field of the scourge of unethical testimony that is
often observed today.
Accreditation. As is the case with private pathology laboratories today, it should be a requirement for forensic laboratories in South Africa to be
accredited.
Science discussion in forensics. There is a need to
elevate the discussion about forensic science to the
academic level between State and private experts.
It is also necessary to foster discussion between
the scientific and legal professions. The situation in
South Africa is not dissimilar to that of the rest of the
world: science professionals do not receive training
in the law and legal professionals receive no training
in science. Yet these professionals today both operate in an area where their fields of expertise overlap.
It will be optimal if forums are created where these
professionals can discuss how science can serve justice at the national level, without the pressure of
a pending court case. This will be a positive step
towards serving the people of the Republic with the
justice they deserve.
23.6 Forensic toxicology
in South Africa
It is unfortunate that forensic toxicology has not developed in pace with many of the other forensic science
disciplines in South Africa. Although substantial analytical capacity exists in many academic and service laboratories, there are notable deficiencies in the domain
of forensic toxicology, specifically as it applies to postmortem diagnostic requirements, but also in routine
The history and current status of forensic science in South Africa
drug and alcohol screening and analyses for DUIs (Driving Under the Influence), etc. Perhaps the major reason
for this has been the striking absence of an appropriate
academic platform for forensic toxicology as a discipline
in tertiary teaching and training institutions.
There are three state-run forensic chemistry laboratories (Cape Town, Johannesburg and Pretoria), which
provide analytical services to all nine provinces in
respect of postmortem samples (blood, urine, vitreous humour, stomach content, etc.). However, minimal
capacity exists in terms of analytical services with respect
to enzymes/bioassays, nail and hair analysis, integrated
advisory and/or diagnostic support service by experienced toxicologists, etc.
A large number of medicolegal postmortems are conducted annually in South Africa by nonspecialist medical
practitioners (i.e. who are not forensic pathologists) and,
accordingly, greater reliance is placed on support diagnostic services (histology, toxicology, etc.). This places
an even greater burden on strained diagnostic resources
and capacity, in a country that has one of the highest
levels of interpersonal violence as well as driving under
the influence violations (as reflected in the exceptionally
high numbers of road traffic fatalities).
The large routine service workload, coupled with the
physical separation of diagnostic laboratory facilities
from medicolegal mortuaries (sometimes over great
geographical distances), has resulted in the development of a huge operational backlog of case analyses,
which is undoubtedly hampering and frustrating the
administration of justice. In many long overdue cases,
the validity of test results will inevitably be questioned
in courts of law.
There has been a very rapid increase in the use of
illicit drugs in South Africa over the past two decades,
whilst South Africa has also become a crossroad for shipments of drugs being moved on intercontinental routes.
The need for improved diagnostic capacity in respect of
illicit drugs is great, not only in the medicolegal (postmortem) context but also with respect to the investigation of numerous clandestine and illicit laboratories
that are being discovered and drug shipments that are
being intercepted. Most of these activities are attended
to by the Toxicology Section of the South African Police
Service Forensic Science Laboratories, which is not
affiliated to the National Department of Health Laboratories. This separation of major toxicological diagnostic services (South African Police Services and National
255
Department of Health), also results in a lack of uniformity in diagnostic approach and service rendering.
Recently, substantial initiatives have been taken by
the government to improve diagnostic capacity by
implementing further tertiary training programs,
improving human resource allocations and procuring
new and sophisticated diagnostic equipment. Nonetheless, forensic toxicology service delivery in South Africa
remains an area in urgent need of reformation and
expansion.
23.7 Offender profiling
in South Africa
23.7.1 History of offender profiling
in South Africa
Offender profiling as an investigative tool has been used
by the SAPS since 1994. Retired FBI Profiler, Robert
Ressler, who visited South Africa in 1994 to assist with
South Africa’s most prolific serial murderer, Moses Sithole, later returned to train members of the SAPS in
serial murder investigation. Ressler was one of the original FBI offender profiler pioneers and claims to have
coined the term “serial murder”.
The Investigative Psychology Unit (IPU) was first
created in 1997 to assist in the investigation of psychologically motivated crimes and later expanded to a
Section (a larger organizational structure) in 2011. At
the time of its creation the main focus was on serial
murder investigations due to a sharp increase in the
detection of these types of cases between 1994 and
1997. The focus expanded over the years to include a
wide variety of psychologically motivated crimes. These
types of crimes typically have no external (usually
financial) motive. They include but are not limited to
serial murder, serial rape, sexual murders, muti- (ritual)
murders, child sexual offenders, intimate partner murders, child abductions and kidnappings, mass murder,
spree murder, cold cases and equivocal death scenarios,
to name a few.
In its early days the Unit was staffed only by members
with a psychology background, later augmented by a
detective. Since then detectives have been a permanent
part of the Unit; currently the majority of staff are
officers with a detective background.
The Unit was originally stationed within the Detective Service Head Office in Pretoria. The SAPS is a
256
Chapter 23
national police service with a mandate for all policing in
South Africa, with the result that the IPU would assist
throughout the whole of South Africa. In 2009 the Unit
was relocated to the Forensic Services Division where it
remains today.
Between 2012 and 2013 the Section underwent a
rapid expansion in terms of staff. At the beginning of
2012 the Section consisted of two support staff and five
sworn police officers, all of whom were based at the
National Head Office of the SAPS. By the end of 2013
the National IPS consisted of four members who were
licensed psychologists, six detectives, two researchers,
and two support staff, with plans to employ more detectives and psychologists. By mid-2013 the IPS had opened
satellite units in each of the nine provinces, each staffed
by a single detective. Plans are to expand these provincial units with between 10 and 15 members. Currently
with its overall complement of 21 members providing
services related to offender profiling and the investigation of psychologically motivated crimes, this makes the
IPS one of the largest such units in the world.
Along with the rapid expansion of staff came an
increase in training for the existing and newly appointed
members. After 2012 training was provided to the members by International Criminal Investigative Analysis
Fellowship accredited profilers from the Royal Canadian
Mounted Police, Ontario Provincial Police in Canada and
the Los Angeles Sheriff’s Department. Further training
focused on threat assessment and management, medicolegal death investigation, forensic pathology, psychopathy assessment and diagnosis, sexual offences
investigation, serial arson investigation, anatomy of
sharp force injuries, homicide and death investigation,
Schedules for Clinical Assessment in Neuropsychiatry
training, bloodstain pattern analysis and geographic
profiling. Essentially the training program for the IPS
members follows that of the curriculum of the understudy program of the International Criminal Investigative Analysis Fellowship.
23.7.2 Mandate of the section
While initially the IPS focused on serial murder
investigations this has expanded over the years. Currently the mandate is to assist in the identification and investigation of psychologically motivated
crimes, by means of investigative support, training and
research.
Roles of the Section:
r Investigative support
r Training
r Research
23.7.3 Investigative support
Assistance is provided upon request to any investigator in the SAPS. The Section acts in an advisory
capacity (like consultants) in the investigation of psychologically motivated crimes by providing services of a
criminal investigative analysis nature such as: offender
profiling, investigative guidance, risk assessments, interviewing of witnesses and suspects, crime scene analysis,
case linkage analysis and courtroom testimony. The Section’s experience with such cases is offered to the investigator who most likely has never dealt with a case of a
similar nature.
Some of the members have worked on over 100 murder series since joining the Section, thus making the
members some of the most experienced investigators of
serial crimes in the world.
The Section has also assisted foreign law-enforcement
agencies such as the Finnish National Bureau of Investigation, New Scotland Yard, Netherlands National Police,
Central Bureau of Investigation – India, Royal Swazi
Police and the Namibian Police, to name but a few.
23.7.4 Training
The Section provides training to investigating officers
in the identification and investigation of psychologically
motivated crimes. Training is given to various members
of the SAPS, for example detectives and crime scene
investigators. Ad hoc training is given upon request to
prosecutors and other interested parties such as forensic pathologists, psychologists and parole board members of the Department of Correctional Services. Not
only does this aid in the identification and successful
investigation and prosecution of such crimes but it also
educates investigators as to how and when behavioural
analysts can be of assistance. The Section provides training to SAPS members by means of:
r Crime scene investigators’ refresher course
r Serious and Violent Crime Course
r Family Violence, Child Protection and Sexual
Offences Course
r Organized Crime Course
The history and current status of forensic science in South Africa
r Training tours through provinces upon request of a
particular province
r Psychologically Motivated Crimes (PMC) Course
The PMC course is presented once a year to 30
members of the Detective Service and Forensic Services.
The aim of the course is to train investigators to be able
to identify and investigate these types of crimes. The
course has a high academic standard and members are
evaluated by means of daily tests, practical exercises
and assignments.
The Section has also trained members of foreign
law enforcement agencies such as the Belgian Police,
Scotland Yard, Botswana Police, France Police, Namibia
Police, the Australian Federal Police and the Royal
Swazi Police.
The Section also provides practical training placements to students from overseas universities such as the
Centre for Investigative Psychology at the University of
Liverpool, UK, and the California School for Forensic
Studies at Alliant International University, USA.
23.7.5 Research
Research into understanding psychologically motivated
crimes aids in the investigative support and training
provided. A local understanding of how crimes present
themselves is imperative as foreign research has proved
to be of limited use. This has resulted in the SAPS being
one of the few law enforcement agencies that has a thorough database of its solved and unsolved serial murders.
Suspects’ details are meticulously recorded for research
purposes and offender profiling purposes.
In 2013 for the first time, a full-time research capacity
was approved within the Section.
23.8 Forensic ballistics in South Africa
23.8.1 History
The Ballistics Section of the Forensic Science Laboratory had its origins in the South African Defence Force.
During the 1930s Major M.S. Barraclough, Inspector
of Armaments for the Union Defence Force, performed
certain firearms examinations for the Police. He was
assisted later by Colonel G.C. Britz, a photographer
attached to the South African Police Criminal Bureau.
The ballistics examinations were transferred to the
South African Police during the 1940s and Colonel Britz
257
became the Commander of the Ballistics Section. The
Ballistics Section was established as part of the Criminal
Bureau and functioned as part of the Criminal Bureau
until the Forensic Science Laboratory was established.
With the establishment of the Forensic Science Laboratory, all Forensic Science related examinations were
incorporated into the Laboratory. The Ballistics Section
became part of the Forensic Science Laboratory during
1986. The Laboratory was established in Silverton Pretoria and provided forensic services nationally.
The Ballistics Section performed firearms and toolmark examinations and included crime scene reconstructions. During the late 1980s stock theft and poaching case examinations were added to the examinations
performed.
Due to the vast distances travelled for crime scene
examinations, the Ballistics Section established Regional
offices in Natal, the Eastern Cape and the Western Cape
during the 1990s. These Regional offices developed into
fully fledged Regional Forensic Science Laboratories.
The development of automated examination technology improved during the 1990s and the Integrated Ballistics Identification System (IBIS) was implemented at
the Ballistics Section during 1997 to assist with the automated comparison of bullets and cartridge cases in a
database.
The Mechanical and Metallurgical Engineering Section was incorporated into the Ballistics Section to perform vehicle accident reconstructions and metallurgical
failure examinations.
The Ballistics Section diversified to include the following examination services:
r Firearms and toolmark examinations
r Shooting incident examinations and reconstructions
r Mechanical and Metallurgical Failure Analysis
r Vehicle Accident Reconstructions
r Stock Theft and Poaching Analysis
In 2013, approximately 38,000 ballistic cases were analysed by the Ballistics Section of the Forensic Science Laboratory.
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714.
C H A P T E R 24
Forensic science practice in Spain
Angel Carracedo & Luis Concheiro
Institute of Forensic Science, University of Santiago de Compostela, Spain
Spain
24.1 History
Although the first references to legal medical issues in
Spain appear in Fuero Juzgo (642–653), and the Fuero
Real (1255) and Código de las Siete Partidas (1265) and deal
with numerous forensic references, the influence of the
Constitutio Criminalis Carolina (1532) was essential for the
development of the legislation of medicolegal issues in
Spain, as in many other continental European countries,
and can be considered the beginning of the official intervention of doctors in judicial cases.
In the 16th and 17th centuries the influence of French
and Italian legal medicine was notable in Spain and
especially the work of Paolo Zachia, Fortunato Fidelis
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© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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and Ambrosio Paré. Among the Spanish authors Juan
Fragoso and his work Cirugia Universal (1601) – whose
second volume is dedicated to forensic science – is
remarkable. Later, Mateo Orfila (1787–1853), a scientist of Spanish origin but teaching in Paris, marked
the beginning in Spain, as in the rest of Europe, of
forensic toxicology and the start of a stage of strong
French influence in Spanish legal medicine. Pedro Mata
y Fontanet (1811–1877), politician, writer and first professor of forensic medicine at the Complutense University of Madrid (1843), was the most important figure of
Spanish legal medicine in the 19th century. His book
Tratado teórico-práctico de Medicina Legal y Toxicologı́a was
the reference text in Spain well into the 20th century.
However, of most importance was his influence on the
structure of forensic science because he was the architect of the creation of the figure of médicos forenses, public servants of the Ministry of Justice, assigned to the
courts, including those in rural areas, with the main
function of assisting judges in any type of medicolegal
issues (including – but no exclusively – forensic pathology). This original model favored at that time was that
the judges were assessed with the same expert quality
throughout the country and not just in large cities.
The problem is that this model remained unchanged
until recently with a deep separation of academic legal
medicine and forensic practice despite the enormous
effort of some people who wanted to join both and to
adopt the structure of the European institutes of legal
medicine. Among those people should be mentioned
Professor Lecha-Marzo (1888–1919), an extraordinary
figure who tried to modernize Spanish legal medicine,
in efforts surely curtailed by his early death.
24.1.1 The institutes of legal medicine
Spanish institutes of legal medicine were finally created in 1985 (Law 6/1985) and medicos forenses were
integrated in this structure, but not the Academia, and
this division persists today. The possibility of collaboration in teaching remains open through the “Teaching
and Research Committees” (institute regulations) and
in some cases the collaboration of the Universities with
Institutes of legal medicine is remarkable.
From 1998 the following institutes were created (by
date of approval):
1998 Valencia, Basque Country
2000 Navarra
2001 Catalonia
2002 Murcia, Aragon, Andalucia, Rioja, Asturias,
Castilla-Leon, Castilla-La Mancha, Canary Islands
2003 Extremadura, Cantabria, Balearic Islands
2005 Galicia
2006 Madrid
The organization of the institutes is different from one
to another but in general they have services of forensic
pathology and clinical forensic medicine and have different seats distributed in the areas they serve.
24.1.2 The National Institute of Toxicology
and Forensic Sciences
The National Institute of Toxicology and Forensic Sciences was created under the denomination of the
Forensic Science Laboratory in 1886 as an official institution to give support to the work of médicos forenses
with seats in Madrid, Barcelona and Seville. Later it
was renamed as the National Institute of Toxicology
(1935) and was responsible for all toxicological analyses requested by the médicos forenses. Finally a new seat
was created in the Canary Islands and its work was
extended to histopathology, biology, biochemistry and
in general all the laboratory analyses needed in forensic cases. Recently its name was changed again to “The
National Institute of Toxicology and Forensic Sciences”
(INTCF). It belongs to the Ministry of Justice.
24.2 Types of cases
Forensic expertise can be requested directly by the judge
alone or by the judge after a proposal from the prosecution or defense. There is also the possibility of private expertise when the prosecution or defense directly
requests a forensic investigation at their own expense,
in support of a hypothesis.
Crime investigation is conducted by examining magistrates (jueces de instrucción) who cannot be involved in
the trial and therefore in the verdict. Investigation at the
scene of the crime is performed by police officers and all
forensic pathology issues by the medicos forenses.
According to Spanish criminal law, it is mandatory to
perform autopsies in all cases of violent and suspicious
death, including unexpected death.
There are few institutes of legal medicine with facilities for histopathological analysis, so this type of test
is usually sent together with a toxicological analysis
to the INTCF or to university institutes in some cases.
Forensic science practice in Spain
This is also the system for other complementary analyses in the field of biology, biochemistry or molecular
pathology.
Ballistic, fingerprinting and criminalistics are mainly
performed in labs of the Cuerpos y Fuerzas de Seguridad del
Estado (National Police, Guardia Civil and Polices of the
autonomous regions) (Ministry of Interior).
DNA typing for criminal cases is performed in the
labs of INTCF, Police, Guardia Civil, Police forces of the
autonomous regions and Institutes of Legal Medicine.
Private DNA labs mainly carry out DNA testing for paternity cases.
Forensic anthropology, odontology and entomology
are carried out in some of the official institutions but the
services of some reference labs and experts in universities are often requested.
Clinical forensic medicine is usually performed by
médicos forenses but specialists in other disciplines are
increasingly requested. This is especially true for forensic psychiatry, where psychiatrists are often required.
Injury assessment is usually performed by médicos forenses
but there is a lot of private activity in this area.
24.2.1 Legal medicine in hospitals
In some hospitals in Spain, specialists in legal medicine
are starting to be hired and legal medicine units implemented to assess medicolegal problems that arise in the
clinical activity of the hospitals as well as to implement
procedures and protocols to reduce a number of legal
problems, especially those related to medical liability,
which have continued to increase.
It is difficult to estimate the number of cases due to
the lack of registries and official statistics. Information is
only publically available from some institutions but not
from most of them.
24.3 Structure
As stated by Luna and Pérez-Cárceles (2008), the organization of legal medicine in Spain is the result of an
organizational model designed at the end of the 19th
century, and the tensions created by intentions to adapt
the model to modern day scientific reality and expertise.
From a practical point of view forensic science in
Spain is currently structured around institutes of legal
medicine. The work at institutes is carried out by médicos
forenses, members of the Cuerpo Nacional de Médicos
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forenses (National Forensic Medical Corps), which, along
with other institutions detailed below, form the organization of legal and forensic medicine in Spain.
The Forensic Medical Corps depends on the Ministry
of Justice of Spain or the Ministry of Justice of the
autonomous regions with competence in this matter.
Other institutions include:
– National Institute of Toxicology and Forensic Sciences
(INTCF). The Institute of Toxicology depends on the
Ministry of Justice for technical support of judges
and médicos forenses. The main activities at the INTCF
are forensic toxicology, forensic genetics (analysis of
any type of biological material at the scene of the
crime) and histopathology. It also provides advice and
information to the public on issues related to poison
prevention and consequences. They have facilities in
Madrid, Barcelona, Seville and Canary Islands.
– University Institutes and Departments of Legal Medicine. These institutes provide teaching and educational resources and carry out official and private
casework, mainly for toxicological analysis, forensic
genetics (DNA typing), clinical forensic medicine and
also when some specific expertise is required (i.e. anthropology, odontology, entomology, biochemistry).
There are university chairs of legal medicine and toxicology in most of the faculties of medicine across
the country, university departments often associated
with clinical pathology and two university institutes of
forensic science: Seville and Santiago de Compostela.
The latter is an institute created by an agreement of
the autonomous government of Galicia with the University of Santiago de Compostela.
At the present time five Spanish universities are
accredited for teaching the specialty of legal and forensic medicine: Barcelona, Granada, Madrid, Murcia and
Seville.
– Medical Colleges and Royal Academies of Legal
Medicine are also occasionally requested to provide
expertise by judges.
24.4 Integration of forensic science
In general there is a lack of integration of forensic
science reports. Crime scene experts, case analysis and
complementary analysis are all independently reported
by different experts. Although médicos forenses can assist
the judge about doubts or questions regarding the
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different reports, experts involved in the case are called
to give evidence at the courtroom since the reports only
have validity after being confirmed at the hearing.
24.5 Education, recruitment and
training
Legal and forensic medicine is mandatory subject matter in a medical career so it is offered in all faculties of
medicine across the country. Forensic odontology is also
part of the curriculum of Spanish faculties of dentistry.
In addition, legal medicine is offered in many universities to students in law as an optional matter.
Some universities also offer master degrees in forensic
medicine and different forensic disciplines such as forensic psychiatry, injury assessment, forensic anthropology,
forensic genetics, forensic odontology, forensic toxicology, among others.
To become a médico forense it is necessary to have a
degree in medicine and to pass an examination in a
number of topics (oposición). They then become public
servants of the Ministry of Justice. Once selected they
have to acquire practical experience for a few months
and after this period are considered official experts with
full capacity to perform any type of forensic science
report.
Médicos forenses are then ascribed to the different
sections of an institute (pathology, clinical forensic
medicine) according to the needs but without any specific formal training in the respective area. However,
training courses are offered on a regular basis.
A similar system is used for other public institutions
such as the INTCF. Applications for positions at the
INTCF require a Bachelor of Science title in a biomedical discipline, and to pass the examination on a program
with forensic science topics adapted to the type of work
to be carried out at the institute. They then become public servants of the Ministry of Justice and are ascribed
to one of the seats of the INTCF. Courses for updating
knowledge are offered on a regular basis. The university
does not have any role in the selection and education of
the experts.
Legal Medicine was one of the first medical specialties in Spain (Health law of 20 November 1855) and is
included in the list of specialties still recognized in Spain
today.
Access to the specialty is through the MIR (postgraduate resident interns). The title of specialist in forensic and
legal medicine, issued by the Ministry of Education, is
provided after three years of training (two years rotating
in different hospital areas such as pathology, psychiatry
and traumatology and the last year spent at an institute
of legal medicine.
The possession of the title of specialist in legal
medicine is not a requirement for the examination to
apply for the position of medico forense and therefore the
practical usefulness of the title is limited. Due to this fact
and despite the efforts of some relevant forensic scientists (from both the Ministry of Justice and academia)
to integrate both systems and to have a similar system to other medical specialists, the Ministry of Health
has recently proposed the exclusion of legal or forensic
medicine from the list of medical specialists awarded in
Spain, pending a final decision.
24.6 Funding
Funding for public institutions is obtained through the
national government. The budget for the institutes of
legal medicine, INTCF or police departments, is established on an annual basis in the Spanish national budget or the budget of the autonomous communities in
some cases. University institutes usually have agreements with the Ministries of Justice of the corresponding
autonomous communities.
24.7 Political influences
There is no political influence in the practice of forensic
science, with the institutes of legal medicine, the INTCF
and the other institutions involved in casework absolutely independent.
24.8 Certification
There is no certification program in Spain. After the
examination for public servants is passed and the
mandatory period of formation finished, public servants officially enter in the correspondent corp (Corps of
Medicos Forenses, Corp of specialist at the INTCF, Police
Forensic science practice in Spain
and so on). From that moment no additional evaluations
or certifications of further qualifications are required in
most cases, although forensic practitioners commonly
attend courses organized by the different institutions.
265
Due to the duration of the trial (difficult to predict in
some cases) and the lack of adequate planning, hearings are very time consuming for forensic experts. However, since teleconferences have been allowed and facilities implemented in many courtrooms, the situation has
improved.
24.9 Laboratory accreditation/
quality control
24.13 Research
Only in forensic DNA typing is accreditation officially
required. In this particular case ISO 17025 guidelines are
mandatory and a few labs (including police labs, justice
labs, National Institute of Toxicology and the University
Institute of Forensic Science in Santiago). Since accreditation is not required for paternity testing, most of the
private labs are not accredited (only four are accredited
so far).
24.10 Technology
Infrastructures have clearly improved after the implementation of institutes of legal medicine. INTCF and
police departments have improved facilities in general
terms and there are no major limitations in technology
affecting the practice of forensic science. However, there
are differences in resources among different institutions.
24.11 Disaster preparedness
Medicolegal intervention and disaster victim identification has been regulated by Royal Decree 32/2009, where
the role of the médicos forenses and the scientific police
has been clearly established. Disaster preparedness and
the role of different experts are clearly regulated in law.
The protocol has been successfully applied in a number
of disasters, particularly in the Santiago de Compostela
derailment that occurred on 24 July 2013.
24.12 Legal issues
Single reports only have validity after being confirmed
in the hearing. Experts are requested to give testimony
in most of the trials where they have submitted reports.
Expert testimony is always the last part of the trial.
Research is mainly performed in academic institutions
and around 80% of the scientific production is carried
out in university departments or university institutes
of legal medicine. Three universities, Santiago de Compostela, Granada and Murcia, account for more than
60% of the scientific production in legal medicine in
Spain. Since academic institutions are mainly involved
in forensic genetics and toxicology, these are the most
active areas, especially research linked to DNA typing.
Most of the scientific papers are published in international English language journals but there are a variety of journals in the Spanish language, including Revista
Española de Medicina Legal, Cuadernos de Medicina Forense,
Ciencia Forense and different local journals linked to the
institutes of legal medicine.
The scientific level of some institutions is excellent.
As an example the Institute of Forensic Science at
the University of Santiago de Compostela was reported
by Thompson and Reuters (http://archive.sciencewatch.
com/ana/fea/11julaugFea/) to be the first at an international level in number of publications, number of citations and H index.
24.14 Future directions and
challenges
24.14.1 Medical specialty
The fact that legal medicine is following a different
scheme than the other medical specialties (through
schools of medicine and not through hospital structures)
and the fact that the title of specialist is not required to
obtain a position as médico forense is a major challenge.
The latter is a major limitation for the adequate training
of médicos forenses since presently there is no real specialization, even in major areas such as forensic pathology or forensic psychiatry. The idea still remains that
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forensic doctors should carry out autopsies but in most
cases they do not carry out microscopic histopathological studies, which are not performed in the institutes
of legal medicine but at the INTCF, with the limitations
that this implies.
There is a climate in favor of the integration of legal
medicine in the MIR system (the Spanish educational
system for medical specialties) and to make mandatory
the title of specialist to apply for the position of médico
forense, but since this has not been achieved so far the
Ministry of Health has recently proposed the elimination
of the specialty of legal and forensic science.
24.14.2 Integration academy/justice
institutions
The fact that teaching of legal medicine is carried out by
university professors that in general have little contact
with practical forensic casework is a serious drawback
for good quality teaching. At the same time, forensic
practitioners are not benefiting from an adequate level
of teaching and specialization and are not integrated in
research projects.
The advantages of the integration of academia and
forensic practitioners is so clear and it has been claimed
for so many years for relevant personalities in the field
that there is not any logical explanation why this has not
been achieved so far.
24.14.3 System of public servants
and public servants corps
Selection of personnel using the traditional Spanish system (a theoretical examination) for public servants is
controversial. Once the candidate has been appointed to
the corresponding corps (médicos forenses or personnel at
the INTCF) promotions and executive positions are not
based solely on merit and they are not open to people
not already public servants of that particular corp.
24.14.4 Funding for research
Funding for research in forensic science has also been
a considerable limitation. While the health system has
its own funding scheme (National Institute of Health,
Carlos III), forensic science is not included in this, since
it is considered a responsibility of the Ministry of Justice, which does not have funding for research. Forensic
researchers have therefore to apply for funding to general research funding programs, competing with basic
research of higher impact, so the chances to obtain the
approval for research programs is increasingly difficult.
Simultaneously, the possibilities of funding at the
European level have decreased during the last two funding periods of the Directorate of Research of the EU
(Framework Program 7 and Horizon 2020). Forensic
Medicine is neither in the Health Program nor in the
Security Program so the possibilities for funding are also
limited.
24.14.5 Organization
The organization of forensic science is too complex with
overlaps of activity in different institutions and should
be simplified for better efficiency. This is becoming more
complicated by the fact that many responsibilities in
organization have been transferred to the autonomous
communities while some others remain under the control of central government.
References and further reviews
Castellano, M. (2012) La construcción de la Medicina Legal y Forense
en España: Después de ciento Setenta Años, una tarea Inacabada.
Discurso de Ingreso, Real Academia de Medicina. Instituto de
España. Madrid.
Concheiro, L. (2006) La Medicina Legal en la Distoria. Discurso de
Ingreso, Real Academia de Medicina y Cirugı́a de Galicia, La
Coruña.
Luna, A., Pérez-Cárceles, M.D. (2008) Forensic Medicine in
Spain. In: Forensic Medicine in Europe, Eds. B. Madea and P.
Saukko, Verlaf Schmidt-Römhild, Lübeck.
Sánchez, J.A. (2010) Organización de la medicina legal y forense
en España. Jano 12: 77–80.
Villanueva, E., Gisbert Calabuig, J.A. (2004) Medicina Legal y Toxicologia, Ed. Masson, Barcelona–Madrid.
C H A P T E R 25
Legal medicine and forensic science
in Switzerland
Patrice Mangin1 & Pierre Margot2
1 The
University Center of Legal Medicine, Lausanne-Geneva, Switzerland
of Criminal Justice, University of Lausanne, Switzerland
2 School
Switzerland
Switzerland has seen a strong and early academic development of both forensic medicine and forensic science
that is unheard of elsewhere. This has helped in creating a strong culture and research within a continental
legal environment. This dual development is described
thereafter.
25.1 Legal medicine
25.1.1 History (Mallach, 1996; Mund and
Bär, 2004; Mangin and Barras, 2008)
The roots of legal medicine in Switzerland are to
be found in the Middle Ages, its customary laws
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© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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and its specific social and sanitary organizations. Surgeons, matrons, physicians and apothecaries all acted as
early forensic experts in numerous cases of suspected
infanticides, sorcery, bawdry, poisoning or any other
bodily harm. At the end of the Middle Ages, every
important city had its own official physician who would
often let the activity of a medical expert earn its spurs as
a valuable service to the community and justice. Such
was the case for Felix Platter (1536–1614), a physician
from Basel who is generally considered as the founding father of legal medicine in Switzerland (Figure 25.1).
In the Modern Times, several other Swiss leading medical experts took an interest in legal medicine and more
generally in the ties that exist between the medical sciences and different legal activities, both in criminal and
civil law. Even though it is too early to talk about the
emergence of a new discipline in those times, different
authors, including Albert de Haller (1708–1777), were
already publishing a variety of case collections and treatises explaining the art of writing medicolegal reports
and other dissertations.
The field of legal medicine, such as it is understood today, emerged at the end of the Enlightenment period. The sanitary and academic organization
of the modern state, the advent of anatomoclinical
localization methods, the discoveries in chemistry and
the invention of many laboratory techniques and of
their biological applications during the 19th century
all contributed to the emergence of the new medical
specialty.
In fact, the birth of the science of legal medicine coincided with the creation of the first public services of
forensic medicine and forensic psychiatry. Because of
Swiss federalism, these services had to be organized at
the level of the different cantons. At the same time and
in practice, the strictly forensic tasks overlapped with
the activities carried out by sanitary police and public
hygiene authorities.
The changes also impacted the academic world: legal
medicine began to be taught at the law faculties of
the different Swiss universities. Soon thereafter, however, all scientific and teaching activities pertaining to
legal medicine were gradually transferred to the five
newly created or reorganized faculties of medicine, and
in some cases even to independent urban institutions (in
Locarno, St-Gallen or Chur).
Several legal medicine university chairs and teaching
programs were thus created within the various faculties
of medicine: in Bern (Professor Carl Friedrich Emmert
in 1855, followed by Professor Max Howald in 1903),
in Geneva (Professor Hippolyte-Jean Gosse in 1876,
followed by Professor Louis Mégevand in 1902 and
Professor François Naville in 1925), in Basel in 1882
(Professor Ernest von Sury in 1890, followed by Professor Adolf Streckeisen in 1895 and Professor Salomon
Schönberg in 1924), in Lausanne in 1890 (Professor
Jacques Larguier des Bancels, followed by Professor
Georges Spengler in 1904 and Professor Paul Reinbold
in 1922) and in Zürich (Professor Hans Konrad von
Wyss in 1895, followed by Professor Heinrich Zangger
in 1912 and Professor Fritz Schwarz in 1941).
The professionalization and institutionalization of
legal medicine continued throughout the 20th century.
At the same time, the volume and the types of activities
of all the institutes increased significantly, causing an
acute need for additional physical space at all locations.
Legal medicine was clearly outgrowing its traditional
boundaries, defined in the 19th century by pathology
and toxicology and sometime later also by genetics.
Thus, the different institutes introduced a number
of new specialties: physical anthropology, antidoping
laboratory analysis, penitentiary medicine, forensic psychiatry and traffic medicine. A milestone was reached
in 1980 with the creation of the Swiss Society of Legal
Medicine.
25.1.2 Organization
There are currently five institutes of legal medicine
in Switzerland, located respectively in Basel, Bern,
Lausanne-Geneva1 , St-Gallen and Zürich. They are all
administered by different cantonal authorities, such
as the cantonal government itself, the Department of
Health and Social Affairs, the Department of Justice and
Police or the Department of Education. Some cantons
that do not have an institute of legal medicine (Grisons,
Neuchâtel, Ticino, Zug) offer their judicial authorities a
cantonal medical examiner that can conduct the necessary forensic investigations.
1 Both institutes of Lausanne and Geneva merged into a single one under the name “University Center of Legal Medicine LausanneGeneva”.
Legal medicine and forensic science in Switzerland
Figure 25.1 Felix Platter (1536–1614).
269
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25.1.2.1 The institutes of legal medicine
University status
The institutes of legal medicine of Basel, Bern,
Lausanne-Geneva and Zürich operate under university status. The director of each institute is a medical
doctor who must be an ordinary professor at the faculty
of medicine of the university to which the institute
is affiliated. He or she is also in charge of teaching
legal medicine at both undergraduate and postgraduate
levels.
The institute of legal medicine of St-Gallen has a hospital status. Nevertheless, it is headed by a medical doctor who is a member of the Faculty of Medicine of the
University of Basel. The Institute’s Director is responsible for undergraduate teaching of legal medicine at the
University and is also in charge of postgraduate training
at the Institute.
Structure
The institutes, which are structured identically, always
include a forensic medicine unit, a unit of traffic
medicine, a laboratory of toxicology and forensic chemistry and a laboratory of forensic genetics.
The forensic medicine units are headed by a medical examiner. These units are active in three different domains: forensic pathology (on-site investigations,
autopsies, external examinations, identifications), clinical forensic medicine (examination of victims of physical
and sexual assault, abuse, age determinations, etc.) and
forensic expert evaluations (medical malpractice).
The units of traffic medicine are in charge of assessing the driving capacities of individuals suffering from
alcohol-related or drug-related problems, specific diseases or age-related psychomotor impairment. These
units are headed by a medical doctor specialized either
in internal medicine or in forensic medicine.
The toxicology and forensic chemistry units are usually headed by a forensic chemist. The tasks carried out
include the determination of blood–alcohol levels, toxicological analyses of samples collected during autopsies
or clinical examinations and analyses of samples in
cases of suspected driving under the influence of illegal
drugs or medication. The quality of the latter analyses,
as well as that of blood–alcohol level determinations, is
rigorously controlled by the federal government, which
delivers accreditation based on mandatory external
quality control procedures. In addition, the laboratories
are accredited according to the ISO 17025 standard.
The forensic genetics laboratories, headed by a forensic geneticist, are responsible for analyzing biological
traces, carrying out paternity tests and determining
genetic profiles that are then added to the national registry at the Federal Police Office for Police in Bern. These
activities are rigorously controlled by the federal authorities and require ISO 17025 accreditation.
In addition to these common services, certain institutes also include some specific units and laboratories like a forensic psychiatry unit (Basel, Bern,
Lausanne-Geneva), a forensic imaging unit (Zürich,
Bern, Lausanne-Geneva), a forensic physics and ballistics center (Bern), a violence medicine unit and a laboratory for doping analysis (Lausanne-Geneva).
Funding
The different activities of the five Institutes are financed
in part by the fees charged for the forensic services rendered and in part by funds provided by the relevant cantonal authorities.
Staff
The institutes’ staff is composed entirely of employees. A
number of professions are represented: physicians, biologists, chemists, psychologists, laboratory technicians
and assistants, secretaries and administrators. In the case
of university-affiliated institutes, the supervisory staff,
the physicians, the chemists and the biologists usually
hold a university degree.
25.1.2.2 Legal medicine outside of the institutes
In the cantons of Grisons, Neuchâtel, Ticino and Zug the
medical examiners have a different status:
r In Neuchâtel, he or she is considered as a liberal
professional.
r In the other three cantons, they work as employees of
the cantonal administration.
All the medical examiners in these cantons hold forensic medicine specialty diplomas. As a rule, they have
undergone training in one of the institutes of legal
medicine in Switzerland and with which they collaborate on a regular basis, in particular with regards to the
laboratory analyses that need to be conducted.
25.1.3 Forensic evaluations
In Switzerland, different organizations may ask an institute of legal medicine or an extra-institute forensic science expert to carry out a forensic evaluation. In most
Legal medicine and forensic science in Switzerland
cases, these evaluations are ordered by judicial and
police authorities. Occasionally, federal authorities may
also be involved. In addition, cantonal administrations
may also request an evaluation of one’s driving capacities. Finally, forensic evaluations may also be carried out
on the request of private individuals or nongovernmental organizations such as the IRCC, the WHO, the World
Antidoping Agency or international sports federations.
The Swiss institutes of legal medicine do not conduct
evaluations of bodily damage due to accidents or to any
other cause when such assessments are requested by
insurance companies. Instead, this particular task is carried out by other expert physicians (internists, rheumatologists, orthopedists, etc.).
Requests for forensic evaluations are usually addressed to the director of the institute. Once the evaluation
is completed, the institution issues a bill for the services
rendered. The situation is different for extra-institute
experts, who either bill their services directly or receive
salaries as state employees.
Judicial evaluations are principally aimed at determining the cause of death of a victim, the possible involvement of a third party in a death and the nature of such
involvement, as well as the date and time of death. In
this respect the units of forensic medicine of each institute in charge of these evaluations are provided with
all the equipment needed in terms of autopsy facilities,
imaging techniques and laboratory of histopathology.
The identification of victims and the characterization of
traumatic injuries inflicted during any type of assault,
including sexual assault, are also common requests.
Forensic investigations often require complementary
forensic toxicological analyses, such as the determination of blood–alcohol levels at the time of the event of
interest, regular monitoring in substance abusers and
tests certifying the absence of alcohol consumption using
the appropriate biological markers.
In more general terms and whenever possible, the
institutes of legal medicine always readily assist the judicial authorities by offering their expert medical opinion so that justice may prevail. The issues at stake may
concern medical liability, drunk driving and even forensic psychiatry when the institutes have the appropriate
expert staff.
Finally, the institutes of legal medicine also play an
important role in providing expert advice in medical law
and ethics when such advice is requested by hospitals or
private practitioners.
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25.1.4 Disaster response
According to the recommendations of Interpol, Switzerland created a Disaster Victim Identification (DVI) team
in 2002. The team consists of some members of the federal police, forensic pathologists and technicians from
the different university institutes, forensically trained
odontologists and members of the different cantonal
police forces. The legal basis of the DVI team is an
intercantonal agreement in which all members agree
to send trained professionals to the canton in need, in
some cases at the request of the federal police or the
federal department of foreign affairs. The DVI team is
meant to support and reinforce the canton in need,
mainly by conducting the postmortem operations. The
canton that requests this aid grants a fixed financial
compensation on a per man and day basis. All members of the Swiss DVI team (www.dvi.ch) follow at
least three training modules of one day each, which
are provided by experienced DVI members. The Swiss
DVI team has now 270 members and has been engaged
several times, for example, in Thailand after the 2004
Tsunami, in the St Gothard tunnel fire and the crash of a
Belgian bus.
25.1.5 Training
25.1.5.1 Undergraduate training
Forensic medicine is part of the mandatory courses taken
by every medical student in Switzerland and is one of
the subjects of the Federal Medical Diploma examination. Although the medical diploma is indeed federal,
undergraduate education is organized independently by
each faculty of medicine. Forensic medicine is thus
taught in different ways in different universities. In some
cases, the subject is addressed exclusively in ex cathedra lectures. In other cases, a more interactive format is
offered: workshops designed for groups of 8 to 10 students. Each faculty is also at liberty to decide which
specific topics should be included in the course and
which specific format, practical or theoretical, is used
during the final examination. At the same time, a certain level of homogeneity is guaranteed thanks to a common, nationwide list of learning objectives in forensic
medicine.
As a rule, the teaching of forensic medicine in every
faculty covers classical issues such as forensic pathology,
clinical forensic medicine, forensic toxicology, forensic
genetics, traffic medicine and medical law, and ethics.
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Chapter 25
Finally, it should be noted that in some cases, the academic members of the institute of forensic medicine also
participate in the teaching offered to law students.
25.1.5.2 Postgraduate training
A specialist diploma in forensic medicine may be
obtained after receiving a Federal Diploma in Medicine
and attending a five year program, which must include
at least three years of training in an institute of legal
medicine, between six months and one year spent in a
department of clinical pathology and one year training
in a defined clinical setting. A scientific activity within
a forensic institute or a PhD program can be counted
for up to six months. The training can be partly accomplished in an accredited foreign institution for up to one
year.
The postgraduate training required to obtain a given
specialty Diploma is defined by the Swiss Medical Association (FMH), a privately held nonprofit institution
where every recognized medical specialty is represented
by two members nominated by peers. In the case of
legal medicine, the requirements for obtaining a specialty Diploma are relatively complex. The successful
candidate must be familiar with a number of different
forensic methodologies as specified by the Swiss Society
of Legal Medicine. In practice, each candidate is required
to carry out a specific number of forensic investigations
including examination of bodies, external examinations
and autopsies. The candidate must also be knowledgeable about forensic toxicology, in particular with regards
to the interpretation of analytical results. He or she
must be familiar with forensic genetics, including paternity testing, analysis of trace material and interpretation of results. There are also other requirements such as
demonstrated active participation in psychiatric evaluations, the ability to conduct driving capacity assessments,
evaluations of traumatic lesions in an assault victim,
determination of blood–alcohol levels, age determination, evaluation of a potential medical error and others.
The successful candidate is also expected to be knowledgeable about medical law and ethics and to participate
in different scientific meetings in legal medicine.
When all of these conditions are met, the director
of the institute where the candidate has been trained
issues a certificate testifying that all the prerequisites
for a specialist Diploma have been met. The candidate
must then pass a full-day examination. The morning session includes an autopsy in the presence of two experts,
followed by a written autopsy report and its conclusions. In the afternoon, the candidate is first asked to
conduct an evaluation of traumatic lesions, either by
examining a live victim or analyzing previously collected data. A second evaluation follows. It may focus
on another set of traumatic lesions or address a different topic, such as forensic toxicology, forensic genetics or traffic medicine. The examination also includes
a series of general questions about legal medicine pertaining to medical law, determination of blood–alcohol
levels, paternity searches, driving ability, etc. Once the
examination has been passed, the candidate submits all
work certificates and case numbers to the FMH, who
then decides if all conditions are met.
25.1.5.3 Continuing education
Every specialist in legal medicine is required to maintain
his or her knowledge through continuing education.
Continuing education activities usually consist in
attending congresses, seminars and other scientific
meetings. Compliance with continuing education
requirements is rigorously controlled on behalf of the
FMH by the Society of Legal Medicine. Thus, every
specialist must earn a certain number of continuing
education credits every year.
25.1.6 Research
Research activities in legal medicine are carried out for
the most part within the university institutes. Indeed,
only these institutions can provide the technical framework, all the competent staff and the critical mass of
investigations necessary to conduct quality research.
Research is funded by national or international granting agencies, such as the Swiss National Fund for Scientific Research, different Federal Departments (Health,
Justice, Transportation, Sports) and a number of private
foundations. Institutional grants are allocated to specific
projects on a competitive basis and using independent
evaluators.
The institutes of legal medicine participate in a number of collaborative research projects. At a national level,
the institutes collaborate among themselves and also
with the Lausanne School of Criminal Sciences, currently headed by Professor Pierre Margot. International
collaborations involve a number of different institutions and laboratories abroad. In practice, medical and
nonmedical scientists employed by the Swiss institutes
Legal medicine and forensic science in Switzerland
have many opportunities to undergo additional training abroad. Funding is provided either by research grants
or within the context of sabbatical stays granted by the
home institution.
Current research projects in Switzerland cover many
different areas of legal medicine. In some cases, individual institutes have focused on specific research subjects leading to international recognition in very precise
domains such as forensic imaging, imaging mass spectrometry or transcriptome investigations.
The Swiss Society of Legal Medicine was founded on
13 December 1980 by the Directors of the Institutes of
Legal Medicine. Its first president and founding father
was Professor Hubert Patscheider, the Director of the
Institute of Legal Medicine of St-Gallen. According to
the Society’s articles of association, its members may
include both legal medical doctors and other professionals involved in forensic activities, such as chemists, biologists and psychologists.
The Society meets twice a year. The winter meeting always takes place in Bern and has a fairly standard agenda. Firstly, reports are made by the different
commissions and experts that represent the Society visà-vis other learned societies or international organizations. Secondly, a number of administrative issues are
addressed, such as changes in the articles of association, admission of new members and approvals of the
treasurer’s financial statement and of the President’s
activity report. The summer meeting is organized by a
different institute every year and is more scientific in
nature. Thus, the members can usually attend at least
one presentation made by a Swiss or foreign invited
speaker on a topic of interest to forensic scientists.
The Swiss Society of Legal Medicine is also active
through its specialty commissions, which represent different domains of legal medicine (forensic medicine,
forensic chemistry and toxicology, forensic genetics,
traffic medicine). The specialty commissions play two
important roles. The first role consists in ensuring good
practices in the specialty. This may be accomplished
by coordinating different activities through institutional
directives and by conferring specialty titles on the basis
of ad hoc directives. The second role is to represent the
specialty vis-à-vis the Swiss political authorities. Indeed,
the political authorities often require expert opinions
that the specialty commissions are capable of providing.
One example is the revision of the law that sets the maximum allowable alcohol levels when driving a vehicle.
273
Another example is the introduction of tests aimed at
identifying drivers that use illegal drugs or dangerous
medical substances. Some of the issues are extremely
complex: directives aimed at properly defining death
in the context of organ transplantation, construction of
human tissue banks, ethical issues surrounding end-oflife treatments, and many others.
Our description of the Swiss Society of Legal Medicine
would not be complete if we did not mention its central
role in the training of forensic specialists. Not only is the
Society responsible for defining the conditions necessary
to obtain the specialty Diploma but it is also instrumental in ensuring lasting professional excellence through
mandatory continuing education. Indeed, every physician with an FMH specialization in legal medicine must
be able to demonstrate that he or she is maintaining
and updating his or her knowledge by engaging in continuing education activities. Oral presentations or written publications in relevant domains as well as active
collaboration with the official organizations in a given
specialty constitute additional requirements. The overall control of continuing education is indeed possible
and enforceable because the minimum number of credits that a physician must earn each year is determined
for each given specialty.
25.1.7 The five Swiss Institutes of Legal
Medicine
BASEL:
Institut für Rechtsmedizin der Universität
Pestalozzistrasse 22, Postfach, CH-4004 Basel
Telephone: +41 61 267 38 73
Telefax: +41 61 267 39 07
E-mail: irm.basel@bs.ch
Director and Head Physician: Prof. Volker Dittmann, MD
BERN:
Institut für Rechtsmedizin der Universität
Bühlstrasse 20, CH-3012 Bern
Telephone: +41 31 631 84 11
Telefax: +41 31 631 38 33
E-mail: contact@irm.unibe.ch
Director and Head Physician: Prof. Christian Jackowski,
MD
LAUSANNE-GENEVA:
University Center of Legal Medicine
Rue du Bugnon 21, CH-1011 Lausanne
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Telephone: +41 21 314 70 70
Telefax: +41 21 314 70 90
E-mail: curml.central@chuv.ch
Rue Michel-Servet 1 - CH-1211 Genève 4
Telephone: +41 22 379 56 16
Telefax: +41 22 789 24 17
E-mail: claudine.kuffer@hcuge.ch
Director and Head Physician: Prof. Patrice Mangin, MD,
PhD
St-GALLEN:
Institut für Rechtsmedizin am Kantonsspital
Rorschacherstrasse 93, CH-9007 St-Gallen
Telephone: +41 71 494 21 52
Telefax: +41 21 494 28 75
E-mail: irmsg@kssg.ch
Director and Head Physician: Prof. Roland Hausmann,
MD
ZÜRICH:
Institut für Rechtsmedizin der Universität Zürich
Winterthurstrasse 190/52, CH-8057 Zürich
Telephone: +41 44 635 56 11
Telefax: +41 44 635 68 51
E-mail: contact@irm.uzh.ch
Director and Head Physician: Prof. Michael Thali, MD
25.2 Forensic science
25.2.1 History
The industrial revolution and the humanization of the
law, forbidding torture as a means of proof in the late
18th and early 19th century in most of Europe, led
courts to rely occasionally on expert’s advice to decide
on issues in criminal proceedings. The use of chemistry,
biology, physics and technologies such as photography
is documented in many cases in the 19th century but
there is no professional or academic discipline developing expert’s services except in medicine. Reforms in
police organization, the disappearance of marking criminals with hot wires, the lack of systematic classification
of condemned criminals combined to highlight the need
of the development of a scientific and administrative
profession within law enforcement. The development
of criminal anthropometry, scene of crime documentation and forensic photography by Bertillon in Paris were
the seeds of identification bureaus around Europe, created to help identify habitual criminals (recidivists) at
the end of the 19th century. Switzerland was the first
country outside France to introduce Bertillon’s identification system after a chief of police meeting in Bern
in 1890. The first identification bureau was opened in
Geneva in 1891. Switzerland was also strongly influenced by Hans Gross who published in Vienna (Austria)
his famous handbook presenting “Kriminalistik” as the
fundamental method for criminal investigation in 1893
(led by the investigative magistrates of the continental
European legal systems) (Gross, 1893). It relied heavily
on physical evidence for both tactical as well as evidential purposes.
A young German researcher (Figure 25.2), established
in Switzerland, became convinced that forensic photography, criminalistics or police science were to become a
science and a profession in the 20th century: Archibald
Rodolphe Reiss (1875–1929). His passion for scientific
photography and his contact with Bertillon and Gross
were the seeds of a course in forensic photography
and police science already given for students at the
University of Lausanne in 1902, developments published in an unsurpassed book in forensic photography
(Reiss, 1903). In parallel, Reiss described and developed
a full range of scientific expertise for courts and fought
for the development of the discipline in academia
(Collectif, 2009). His international reputation convinced the University to create a new institute, accepted
by authorities in 1906 and officially opened in 1909:
the Institute of Police Science. This was the first full
university programme in forensic science worldwide.
Soon, major contacts and initiatives saw intensive collaborations and meetings of scientists in Europe, one of
whom was marked by intensive collaboration: Edmond
Locard from Lyon, who created the first forensic science laboratory in 1910. Scientists strongly opposed
social science theories on criminals, such as those by
Lombroso, and focused on a cynegetic culture of trace
evidence. Lausanne made Reiss an honorary citizen.
A major book combining scientific knowledge with
the knowledge of criminal activities showed the potential of combining forensic science and criminology in
understanding and solving crimes (Reiss, 1911). This
was to be the first volume of a four volume contribution, but the First World War put an end to the
academic career of Reiss. Hired to witness atrocities
in the Balkans, he denounced and documented the
use of forbidden ammunitions (explosive projectiles),
mass executions, bombing of hospitals (probably the
Legal medicine and forensic science in Switzerland
275
Figure 25.2 Rodolphe Archibald Reiss (1875–1929) as a young professor (center with the bow tie) teaching toolmark identification
in 1913. From left to right: Mr Costescu (Romania), Mr Burnier (collaborator), Reiss, Grigoriu (Romania), Vamesch (Romania) and
Bischoff (student, future professor of forensic science).
first documentation using photography from a plane
was used by Reiss at the time) and soon took sides
for Serbia, to become a war hero. After the War, Reiss
came briefly back to Lausanne, saw that his students
had pursued the development of the Institute and went
back to Belgrade to become consultant for King Pierre
of the Serbs, Croats and Slovenes.
Jean Burnier, first graduate, and Bischoff, third graduate, combined their efforts during and after the War and
Bischoff (1892–1969) became the second professor of
forensic science at the University of Lausanne officially
in 1923 after the withdrawal of Reiss. He was followed in
1963 by Professor Jacques Mathyer (1921–2010) and in
1986 by Professor Pierre Margot (1950–). In 1954, the
Institute of Police Science created the first academic
programme in criminology in Switzerland and changed
its name to become the Institute of Police Science and
Criminology (IPSC), under the impulsion of Bischoff,
Locard and the then professor of forensic medicine M.A.
Thélin. A first doctoral programme was also initiated.
The continuous increase in student population as well
as the development of interdisciplinarity saw the development and offer of full academic forensic science specializations.
Since 2003, the disciplines of criminal law and criminal procedure joined the school, to become the School
of Criminal Justice, its current name, in 2013.
25.2.2 Organization
There are currently two large institutes of forensic
science in Switzerland in Lausanne and Zürich administered by cantonal authorities. They cover most
specialized forensic science cases. Further, 25 small
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Chapter 25
cantonal crime laboratories are extensions of identification bureaus within state (cantons) police forces and
process most routine forensic science cases (fingerprints,
various marks, documents, scene of crime, etc.).
25.2.2.1 The School of Criminal Justice – Lausanne
The School of Criminal Justice (Ecole des sciences
criminelles – ESC; www.unil.ch/esc) operates under a
university status. The Director of the School is a full
professor at the Faculty of Law, Criminal Justice and
Public Administration of the University of Lausanne
to which the School is affiliated. The School has a
vice-dean of the Faculty and participates in the overall
administration of the Faculty. It provides full undergraduate and postgraduate studies in Forensic Science
and Criminology.
Currently the School offers a full-time BSc in forensic
science (180 ECTSs (European Credit Transfer Units)) in
3 years, completed by 3 to 4 semesters (full-time equivalent) Master programme either in:
– Science (MSc in forensic science, with emphasis on
“identification – physical evidence”, or “chemical
criminalistics”, or “identification – digital evidence). A
new MSc in traceology and crime analysis was created
in 2013, which combines three semesters in forensic
science and one semester in criminology in collaboration with the University of Montreal, Canada (who is
offering a master in criminology with three semesters
in criminology and one semester in forensic science,
in Lausanne)
– Law (MLaw in criminology and security or MLaw for
magistrates in criminal proceedings)
– Law, interdisciplinary (MLaw criminality and security
in communication technologies) that extends over
two faculties (Business and Law) and the School of
Criminal Justice.
The School offers two successful PhD programmes,
one in Forensic Science (64 candidates in 2014) and one
in Criminology (currently 21 candidates) (Margot and
Al, 2009).
Continuing education is offered in the form of day
conferences, week’s workshops as well as a wide range
of web-based distance learning certificates (CAS – certificate of advanced studies with university credits), interpretation and evaluative opinions, DNA interpretation,
Bayesian networks and crime statistics.
The School has 11 full-time equivalent professors and
includes about 100 collaborators (researchers, tutors)
with full laboratory facilities and in 2013–2014 over 550
students.
Besides teaching and research, the school provides
experts services for courts (in fingerprints, toolmarks
and firearms, fire investigation, illicit drugs, documents,
handwriting expertise, microtraces, forensic imaging,
forensic intelligence and crime analysis), for administrations (policing, criminological expertise – crime prevention, statistics, penology) as well as private and civil
cases.
The funding is provided by the state of Vaud (with a
Federal contribution) or for casework by fees charged,
and research mandates by National or International
research funds (Swiss National Research Foundation,
European Funds, NIJ, etc.).
Graduates from the School become scientists within
crime laboratories, criminals investigative services, three
are currently state police chiefs, border control agencies,
drug control agencies or work in private companies
(insurances – crime-related insurance frauds; fighting
against counterfeit products) for the forensic scientists
or in administration (crime statistics, preventive programmes, prison and rehabilitation centers) for the
criminologists or court officers and magistrates.
It was a founding member of ENFSI (European Network of Forensic Science Institutes) in 1994.
25.2.2.2 The Forensic Science Institute – Zürich
The City of Zürich created a Forensic Science Laboratory within the City Police Deparment in 1952 under the
Direction of Dr Frei-Sulzer. It developed full laboratory
services as well as a Federal Research Center in the field
of explosives investigation and public security (under
the acronym WFD – Wissenschaftlicher Forschungsdienst). It covers all specialities of a full forensic science
laboratory with civil (scientists) and police trained personnel except in matters of documents, handwriting,
and fingerprints. In parallel, the state Police (Canton
of Zürich) developed an extensive identification bureau
that covered specialties not covered by the City Laboratory, with some overlap. Both were also founding members of ENFSI.
In 2010, State and City authorities decided to combine both laboratories to develop synergies within
what is now known as the Forensic Science Institute
Legal medicine and forensic science in Switzerland
of Zürich (http://www.stadt-zuerich.ch/pd/de/index/
stadtpolizei_zuerich/WD_WFD.html). It is one of the
large European laboratories with over 60 scientists and
police personnel. Its current legal status is under discussion. It provides full forensic science services for the
Canton (state) of Zürich and for most German speaking
Cantons in a fee for service arrangement.
25.2.3 Research
Research activities are mostly conducted within university institutes, with the exception of the WFD in
Zürich, but many projects are conducted in collaboration
with the Forensic Medicine Institutes and the various
administrations (magistrates, crime laboratories, state of
Federal authorities) as well as with international working groups (such as ENFSI–WG) and laboratories.
Switzerland has also created specialist working groups
to share experience and developments within the country and the Lausanne and Zürich Institutes are heavily
involved in these gremiums. Both Institutes participate
in the Swiss Society of Legal Medicine.
The Lausanne Institute has also created prototypes
and protocols that are tested within operational facilities
such as a full interstate coordination of forensic intelligence and is also participating in the harmonization procedures of crime laboratories.
For many years Lausanne has provided active research
in collaboration with international partners in drugs,
fingerprint, fire investigation, interpretation of evidence
and has published extensively the outcome of these
research projects (over 200 publications within the last
ten years in forensic science alone and over 100 publications in criminology), to be found on the School
website.
Finally, a research collaboration developing investigating means for industries such as the Swiss watchmaking or pharmaceutical industries in fighting against
counterfeiting has been on-going for many years.
25.2.4 The two Swiss Forensic Science
Institutes
LAUSANNE:
Ecole des sciences criminelles
Faculté de droit, des sciences criminelles et d’administration publique Batochime, Quartier Sorge
CH-1015 Lausanne
Telephone: +41 21 692 4600
Telefax: +41 21 692 4605
277
E-mail: info.esc@unil.ch
Director and Vice-Dean: Prof. Pierre Margot, BSc, MSc,
PhD, Dr hc, Douglas Lucas Medal
ZURICH:
Forensisches Institut Zürich
Zeughausstrasse 11
CH-8004 Zürich
Telephone: +41 44 295 4111
Telefax: +41 44 295 4099
E-mail: info@for-zh.ch
25.2.5 Conference and meeting
organizations
All institutes take an active role in communicating with judicial, political and economic partners in
Switzerland.
The Zürich Medico-legal Institute (IRM) and the then
City of Zürich Forensic Science Institute (WD) combined to organize a successful International Association
of Forensic Science Meeting in 1975.
The School of Criminal Justice has been at the origin
and first European Academy of Forensic Science Meeting in 1997 as part of ENFSI activities.
Both Lausanne/Geneva University Institute of Forensic Medicine (CURML) and the School of Forensic Science have held combined international meetings and
organized joint regular information days for magistrates
and police.
References
Collectif (2009) Le Théâtre du Crime, Presses Polytechniques et
Universitaires rRomandes, Lausanne.
Gross, H. (1893) Handbuch für Untersuchungsrichter als System der
Kriminalistik, Leuschnen und Lubensky, Graz.
Mallach, H.J. (1996) Geschichte der Gerichtlichen Medizin im
Deutschsprachigen Raum, Schmidt-Römhild Verlag, Lübeck.
Mangin, P., Barras, V. (2008) Legal Medicine in Switzerland.
In: Forensic Medicine in Europe, Eds. B. Madea and P. Saukko,
Schmidt-Römhild Verlag, Lübeck.
Margot, P., Al., E. (2009) Sciences forensiques: dossier spécial.
Revue Internationale de Criminologie et de Police Technique et Scientifique 62: 1–128.
Mund, M., Bär, W. (2004) Legal Medicine in Switzerland. Forensic Science International 144: 151–155.
Reiss, A.R. (1903) La Photographie Judiciaire, Mendel, Paris.
Reiss, R.A. (1911) Manuel de Police Scientifique (Technique). Vols
et Homicides, Payot Alcan, Lausanne.
C H A P T E R 26
Forensic medicine and sciences in Turkey
Mete Korkut Gulmen1 & Cengiz Haluk İnce2
1 Department
2 Department
of Forensic Medicine, School of Medicine, Cukurova University, Adana, Turkey
of Forensic Medicine, School of Medicine, Istanbul University, Istanbul, Turkey
Turkey
26.1 History
The first official records of autopsy and forensic curiosity
date from early 1768 during the Ottoman Empire period
as one of the Turkish forensic sciences early steps.
In 1839 The Military Medical School was established
in Istanbul under the influence of France and Germany,
as was also forensic sciences in the medical school.
In 1841 Professor Dr. Claude Bernard of the Vienna
University School of Medicine came to Istanbul University as a guest lecturer and started to practice forensic
medicine and also systematic autopsies for medicolegal
interests (Gok, 1995).
The first civil medical school and the first medicolegal
society developed in 1846 and 1856, respectively. The
first independent Morgue Department and Police Courthouse was established in 1908, which was followed
by an Independent Forensic Medicine and Sciences
Institute in 1913 (Figures 26.1 and 26.2). The Institute
was part of the Ministry of Interior between the years
1923 and 1926, which became a part of the Ministry of
Justice and had also been accepted as an independent
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
279
280
Chapter 26
Figure 26.1 The forensic medicine law original handwriting in the year 1913. Source: From Haluk Ince, ‘Forensic medicine and sciences
in Turkey’, in “Health in Istanbul from Past to Present Congress”, 3–6 of November 2010, published as “Council of Forensic Medicine
in The Light of Historical Documents’ (Belgeler ile Adli Tıp Kurumu).
educational organization for forensic purposes (Gok
and Ozen, 1982; Gok, 1995).
During the Second World War period medical education and expertise had been changed and improved with
the University Reform. The Institute established inside
the university as a separate organization as a part of the
Ministry of Justice, although most of the professionals
were also academicians of the university and were in
collaboration with the academy. In 1953 the organization was extended and widened with new legislation. In
the meantime a new Department of Physics developed.
This department was a special section that was responsible for the laboratory investigations of ballistics, forensic
documents and stylistic evidence. The others sections
were well-defined Pathology, Toxicology, Chemistry
and Biology departments (Gok and Ozen, 1982; Gok,
1995).
The French–German Medical and Scientific School
started to be a part of the Ottoman Empire, which was
at the end of the 18th century and at the beginning of
the 19th century. It was displaced by the USA School
after the Second World War. The structure of the US
system became the model of today’s Forensic Medicine
and Sciences in most parts of the world and helped
Turkey to bring about progress in forensic medicine.
However, the Forensic Sciences and Medicine system
completely altered after the coup in 1980. The legislation
article number 2659 was accepted on 20 April 1982 and
became valid on 1 May 1982 and the Forensic Medicine
Council of Turkey was established in Istanbul (İnce,
2013; Forensic Medicine Council Law, 1982, 2003).
The Forensic Medicine Council works under the
authority of the Ministry of Justice and the President and
the Vice-presidents, and the board members are directly
Forensic medicine and sciences in Turkey
Figure 26.2 Professor Dr. Semsi Gok, the founder and the first
president of the Turkish Forensic Medicine Council: medical
doctor and forensic pathologist. Source: From Haluk Ince, ‘Forensic medicine and sciences in Turkey’, in “Health in Istanbul from
Past to Present Congress”, 3–6 of November 2010, published as
‘Council of Forensic Medicine in The Light of Historical Documents’ (Belgeler ile Adli Tıp Kurumu).
appointed by the Minister himself. The Council has a
President and a General Assembly. The general assembly
consists of expert section presidents and/or representatives, a general secretary and the president. Each section has its own expertise units in accordance with the
division, such as a physics section and ballistics (Salacin
et al., 1994; Gulmen et al.,1995).
Criminal Police Laboratories or Criminalistics first
started in 1910 with fingerprint analyses in the Police
Departments, headed by a Hungarian immigrant Yusuf
Cemil Bey, when it was first getting to be known and
extending worldwide. Yusuf Cemil Bey had a great influence on the Turkish Police systems. He first taught the
fundamental technique for fingerprint analyses to the
Turkish Police departments and then it became a part
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of the police education until the reforms of the new
Turkish Republic. It became an official lecture in the
Police Institutes and a small Criminal Laboratory had
been developed as a scientific branch of the Police
Academy or, as it had previously been named, the Police
Institute in 1938. During the first years almost every
student in the Academy had the knowledge of analyzing fingerprints, but the increase in the number of
students in the Academy led to a change for more talented selected students. During the Second World War
an expert from Switzerland became the founder of the
modern Criminal Laboratories and gave great effort in
educating Turkish experts. The criminal investigation of
the assassination attempt of the German Ambassador,
Mr. Von Papen, turned out to be a great chance to put
criminalistics and ballistics to the foreground. The forensics succeeded to read the engraved serial numbers of
a handgun and it was the turning point for the evaluation of forensic science in Turkey. This extraordinary
incident led the laboratory to become an expert in the
forensic field. With continuing successes, the authorities
decided to develop a small model of the FBI laboratories and much technologic equipment for the forensic
laboratory had been supplied to the Istanbul division.
On the other hand, many of the talented forensics in
the police departments were sent to the United States
to obtain better practice and certification. The success
stories of this department caused a serious work load
in those years and the laboratories became insufficient
again, so in 1967 the laboratories became a separate unit
of the police departments for the first time in Istanbul.
The terror actions and crime levels all around the country created the need to develop another Police Forensic
Department in Izmir and other cities in Turkey continuously from 1967 till now. The Criminal Laboratories and
Forensic Units remained inside the Police Academy in
Ankara until 2004. The Criminal section became a separate division and was named the Criminal Police Head
Quarters nationwide (Cakici, 2006).
The ordinary cases vary in all sections of the spectrum, as in most of the countries. The firearm use also
had been increased after acceptance of firearm use
legislation in late 1980s. Our data are very similar to
those of most of the countries in regards to the types
and variations of the cases, yet at times we notice the
terrorist actions, as well as the occasional serial murder
cases. Especially during the last three decades various
terrorist actions took place and the country needed
forensic science more than at any time ever. During
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this period especially, crime scene investigation became
very important (Gulmen et al., 1995).
Our country is very rich in terms of the variation
of forensic cases. Although the case distribution is not
too complicated, we did start to notice some new cases
because of globalization, such as drug use and abuses.
Also serial killings and synthetic cannabinoid analyses
are very newly known cases for our country. Nationwide, there are approximately 15,000 autopsy cases
per year. Most of those cases are related to accidents
and generalized body traumas. Deaths due to systemic
pathologies, homicides (mostly due to firearms and stabbings), suicides, as well as intoxication due to accidents
are the ones mostly found in our daily routine practice
(İnce, 2013).
26.2 Structure
The main structure of the forensic sciences in our country is summarized below. Especially after the year 2000
forensic sciences became more important and accepted
widely by all parties in crime investigations, evidence
collection, presentation for the courts, crime prevention
and for its value for justice.
The Police and Gendarme Forces are under the
authority of the Ministry of the Interior and both of
them have their own Criminal Research Laboratories
and CSI teams. The Forensic Medicine Council works
under the authority of the Ministry of Justice and collaborates with the forensic departments and institutes
of the universities. The courts and the prosecution may
ask expertise from all of these units of the forensic
sciences (Polat, 2010).
Forensic Sciences in Turkey still lack coordination
among the experts and also the divisions. Especially
the distinctions between expertise and specialties have
not been framed well enough. The main structure of
expertise in Turkey is under the umbrella of the Council
of Forensic Medicine, which works as a department
of the Ministry of Justice. The council holds most of
the authority for expertise in the country. The CSI
and Criminal Police Laboratories work independently
from the council as well as the Gendarme and also the
universities.
The Council of Forensic Medicine is structured and
centralized in Istanbul with the main office and divisions. The Forensic Medicine Council has branches in
major cities of Turkey with divisions of Morgue, Chemistry and Clinical Legal Medicine expertise. In some
branches there can be Biology, Physics or Traffic expertise. In spite of all these branches and smaller divisions the Council is very much centralized. The Criminal
Police or Gendarme Laboratories are also mostly centralized even though they also have branches in various cities. Universities are more diversely organized
and usually develop collaborations with each other as
well as with the Forensic Medicine Council, Criminal
Laboratories and the CSI teams. The main picture in
forensic science practices is centralization within a particular institution, mainly the Forensic Medicine Council, which also is dominated by the Ministry of Justice
(İnce, 2013).
The integration of the Forensic Sciences has some
difficulties and collaboration problems in the country.
Police forces practice in the urban areas while Gendarmes authorize in the rural regions. Crime Scene
Investigations are practiced by the Police or Gendarme
CSI teams. These teams analyze the crime scene, collect
the evidence and send it to the Criminal Laboratories,
mostly with the authorization of the prosecutor. The
prosecutor will collect all the data of the cases as a file
and collects the reports as well. Reports are in the main
separately prepared by different teams and integrated
at the prosecutor’s office. The main problem seems to
be cooperation and collaboration among the teams. The
integration of the data at the prosecutor’s office also
is another disadvantage. The centralized control of the
cases also gives the system a cumbersome structure.
Control of the integrity of the prosecution still continues
to be a problem for the defense in spite of the orders of
the new criminal and civil code law (Turkish Police General Commandment Center Educational Office, 2003;
Gendarme Forensic Organization Law, 1983; Forensic
Medicine Council Law, 2003; Turkish Civil Code Law
(HMUK), 2011; Turkish Criminal Code Law (CMUK),
2004).
The Forensic Medicine Council, Police and Gendarme
are improving their laboratories and divisions and
are trying to extend the service to most of the cities of
Turkey. The departments are in need of technical equipment and technical personnel. Forensic sciences have
become more important in Turkey in the last 10 years.
This gives the opportunity to hire new scientists to the
laboratories and/or divisions because of the increasing
demand of the courts as well as the defense. Many new
Forensic medicine and sciences in Turkey
forensic divisions, especially criminal laboratories, have
been created during the last decade. All of these laboratories and divisions are equipped with high technology
devices and new forensic scientists are hired for these
new areas. The Government is the main source to hire
the new forensic scientists and also encourages them
to become an expert in the forensic sciences, especially
with sufficient salaries (İnce, 2013).
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twinning projects became very popular in the forensic
sciences as well as in many of the educational areas.
Especially the twinning projects of the Turkish Forensic
Medicine Council, Criminal Police and Gendarme
Departments and also the CSI teams with EU countries
improved the educational value of the Turkish forensic
experts (Istanbul University Institute of Forensic Sciences, 2014; Ankara University Institute of Forensic
Sciences, 2013).
26.3 Training
26.4 Funding
The educational and training period varies within the
different forensic sciences.
The forensic medicine specialty is the major area
of forensic sciences in Turkey. The forensic medicine
specialists are medical doctors and receive four years
of training after graduation from the medical school.
Six months of pathology and four months of psychiatry
(adult and pediatric) mandatory rotations should be
completed. The medical doctors perform autopsies all
over the country as well as clinical examinations of
traumatized people including victims of sexual assaults.
Medical doctors complete their specialty training either
at the departments of forensic medicine of a university
medical school or at the Forensic Medicine Council in
Istanbul (Alper et al., 1995, 1999; Salaçin et al., 1994).
There are master and PhD programs available at the
university institutes. Graduates of the different colleges
may receive a master degree in various areas of the
forensic sciences as well as a PhD. Other than that, one
can receive a certification as an expert in a certain field
by working in the related department for approximately
four years at the Police and Gendarme departments and
also attend the courses and workshops of the related
scientific field. The Forensic Medicine Council designs
workshops and courses in the field and gives an expert
license afterwards. The main problem is the lack of a
board examination and certification system of the forensic sciences. Mostly people become an expert in a field
just because of an interest in the area. After the Second
World War most of the police and military personnel, as
well as the forensic medicine specialist medical doctors,
are trained in the United States and received their
degrees or certificates from atraining center, such as
the FBI, military academies or various institutes. For
the last two decades the European Union Erasmus Programs and other opportunities for training courses and
The funding of the forensic sciences is mainly supplied
by the Central Government. From the early days of the
republic until now the budgets are arranged and controlled by the national government. Usually the expert
fees are covered by the court budget, which will be collected from the case or, if not, will be covered by the
general budget of the Ministry of Justice. The forensic sciences are still not very well funded, yet the government puts serious effort into funding the laboratories, buildings and technical equipment. The European
Union projects and United Nations funding gave a serious opportunity in funding, especially in some forensic
expertise areas such as city morgues, CSI, criminal laboratories, drugs, etc. The National Government mostly
controls the budget of the forensic sciences practice. The
priority of the budget depends on the case density of
the cities as well as the hinterland and the impact factor of the forensic center. Actually the courts still do not
demand forensic scientific expertise as they should, yet
it seems to be getting much better. During the 1970s
and 1980s there was almost no demand or a minimum
demand for scientific expertise from the courts. However, for the last 25 years the effect and demand for the
forensic sciences and expertise are rising high. Because
of the high demand of the courts and defense attorneys,
the inadequacy of the trained and certified number of
scientists became apparent. Therefore various programs
are now being offered by the National Government for
training and are funded. A new source for the institutes
and universities is the insurance companies. The insurance companies and private attorneys ask for expertise
mainly from the university departments for court expertise in all areas of the forensic sciences. Clinical forensic
medicine practice and medical malpractice play important roles in the expertise system nowadays. Especially
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traffic medicine is very popular besides forensic toxicology, forensic hemogenetics, forensic documents and
stylistics, remodeling the crime scenes, etc. The university departments started to fund their own budget with
the expertise that they receive and this gives them the
opportunity to stand in front of the university board to
ask for more funding (İnce, 2013).
26.5 Political issues
Since the Turkish forensic sciences practice has mainly
been run by the National Government, sections such as
the Forensic Medicine Council and the police and Gendarme forces, it is affected by the political climate and
shifts. The influence of politics is also reported by the
European Commission’s various reports on the years
2005, 2012 and 2013, as the Forensic Medicine Council
under the Ministry of Justice. The reports analyze the
situation as:
Moreover, it is of concern that the Forensic Medical Institute
(Forensic Medicine Council) is not fully independent because
of its reporting line direct to the Ministry of Justice. Significant progress has been achieved in the area of the judiciary
with the adoption and the entry into force of a series of new
laws which will contribute to improve its independence and efficiency. This concerns in particular the new Penal Code, the
new Code of Criminal Procedure, the Law on the Courts of
Appeal as well as the law on the Enforcement of Sentences
and Security Measures. Although higher judicial bodies, such
as the Court of Cassation have continued to issue a number
of judgments interpreting the reforms in accordance with the
standards of the ECtHR, it remains difficult to discern a clear
trend in the case law. Intensive training of judges and prosecutors has continued, in particular as regards the European
Convention for the Protection of Human Rights. Turkey is
encouraged to take further steps to strengthen the independence of the High Council of Judges and Prosecutors and to
remove political influence over the appointment of judges
and prosecutors. The Turkish authorities have pursued a
number of training programmes on human rights targeting relevant personnel in the Ministry of the Interior, Ministry of Justice, the gendarmerie and the police. Forensic doctors’ reports
or reports by universities or independent institutions are now
recognized as proof by some courts, in addition to the reports
of the Forensic Medicine Council under the Ministry of Justice (European Union Turkey 2005 Progress Report, 23 pp.).
However, most of the courts are still taking into
consideration the reports of the Forensic Medicine
Council centralized in Istanbul and work under the
Ministry of Justice. Although the new criminal and
civil code laws encourage the independent expertise
system, it seems that it is not easy to break the habits
of the influence of the 1982 military period legislation
on forensic sciences practice. The Forensic Medicine
Council still is the main expert for almost all fields of
the forensic sciences. The Forensic Medicine Council
gives service under the authority of the Ministry of
Justice. The president of this council is appointed by the
Minister of Justice with the approval of the Prime Minister and the President. The presidents of the scientific
commissions and the presidents of the branches and all
of the other employees of the Council are appointed by
the president of the Council, and are also approved by
the Minister of Justice. The Forensic Medicine Council
is an expert institution that is interested in all fields of
the forensic sciences (European Union Turkey 2005
Progress Report, European Union Turkey 2012 Progress
Report and European Union Turkey 2013 Progress
Report).
26.6 Quality control
The Police and Gendarme forensics teams, such as the
criminal laboratories and crime scene investigators, are
working as units under the authority of the Ministry of
the Interior. There is a planned board certification and
examination for the forensic medicine specialists after
their training period, yet it is not valid at the moment.
There are also no national board or certificate exams for
the other fields of the forensic sciences.
The Forensic Sciences Organization in the country is
still not well distributed all around the nation with the
same quality assurance and quantity (Himberg, 2007;
İnce, 2012). The laboratories and the experts are mainly
located in Ankara and Istanbul with a few of them in
Izmir/Adana and are inadequate to solve the problems of
a nation with 80 million people. At times it seems like it
is too hard to develop a synergic effect in producing solutions for the forensic services and mostly the resources
remain unproductive. Although there was a European
Union project on standardization and quality assurance
in 2007, and a report and suggestions of the Presidential State Supervisory Board for the Nationwide Forensic Services, there still is no attempt to reach solutions
(Himberg, 2007; State Supervisory Board Report (DDK),
2010; İnce, 2013).
Forensic medicine and sciences in Turkey
One other serious problem of the country seems to be
the centralization of the services and inadequacy of collaboration between the institutes and departments. The
three major organizations (Forensic Medicine Council,
Police and Gendarme Forensic Sciences Units) and universities are almost having no collaboration with each
other and therefore there is a serious lack of institutionalization and process analyzing. The Forensic Medicine
Council is in the best position for the collaboration
projects with other institutes and universities because
of its legal status. The other two major institutes of the
Police and Gendarme are not legally capable to either
hire any scientist from any other institute or ask for consultation help. This seems to be a serious dilemma, both
ethically and legally. In some high profile or problematic
cases, the crises are usually solved by the devotion of the
scientists and also with the positive volunteer efforts of
the experts. Therefore, the good practices between the
laboratories are dependent on the volunteer efforts of
the individuals, instead of the institutes. This concept is
threatening for the Turkish National Forensic Sciences
practice in all areas including quality assurance and standardization. Although there are many SWOT analyses
for the best forensic practice, it seems that we still have
a long way to go (İnce, 2013; Gendarme Forensic Organization Law, 1983).
Forensic science is a very special area that needs to
have studies starting from the college level. Therefore,
the country needs to develop forensic sciences colleges
as well as detailed masters and doctorate programs.
Yet, on the other hand, because of the legislation, it
is hard for the system to hire those qualified scientists, especially in the three major institutes but also in
the university system. This should be changed and the
well-educated highly qualified scientist should be a part
of the routine daily practices. This can be a fast solution
for quality assurance as well as the standardization of the
forensic institutes. It seems to be a unique situation for
Turkey. We do hope to change the status with a better
system in the near future. There is no specific method to
keep the active forensic personnel and experts to a common standard and manage to hold the quality assurance
today with the current legislation. However, with the
personal volunteer efforts, scientists try to keep updated
by attending national or international meetings or educational courses, etc. In the year 2006 an unofficial board
examination trial had been designed by the National
Association of Forensic Medicine Specialists, but it was
285
not repeated. This unsuccessful attempt also shows us
that the system should be restructured (Cakici, 2006).
Certification in forensic sciences is an important
issue. In all fields of the forensic sciences there should
be a well-designed educational module, examination
and independent certification. In that way the board
of certified forensic experts will start to work in all the
fields of the forensic sciences, which will facilitate the
courts and the attorneys. Unfortunately today the system tries to solve the absence of this configuration with
the European Union Projects and certificate programs.
Through the EU Twinning Projects with Turkey and
Holland and also with Spain during the years of 2011
and 2013, 1500 experts had been trained and certified
from the spectrum of crime scene investigations to
forensic pathology. Those experts were all working for
the Forensic Medicine Council, Police or Gendarme
(İnce, 2013; Gulmen, 2000; Gulmen et al., 1998, 1999).
As a country, our nation and our state had met the
quality assurance and standardization issue during the
1990s instead of in the early days of the century such
as the USA. The accreditation studies first started in the
year 2000 in the forensic sciences with the ISO 17025
Turkish National Standard codes. Accreditations started
to be practiced in the forensic laboratories first in 2008
and then began to be extended until they became a part
of the Turkish National Forensic Sciences practice. Many
laboratories of the Forensic Medicine Council, Police and
Gendarme Forensic Institutes are accredited with many
methods. New methods are added for the accreditation
after follow-ups and inspections. We have been learning about being inspected since 2008 and now understand that inspections are not something to be afraid
of but a part of the continuous improvement of ourselves scientifically. As the methods and institutes start
to be accredited they become more trustworthy and
the judicial system works in a more proper way (İnce,
2013).
The quality assurance and accreditation caused these
institutes to use the correct facilities, equipment and
technology. Because of the technology resources that
these institutes have nationwide, many high profile
cases have been solved and the findings were shared
with the International Forensic Science Society.
Our country has started many judicial reforms since
2005. Almost every issue such as human rights violations, child abuse and neglect, and violence against
women have been completely revised and new laws and
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legislations have been passed. The Criminal and Civil
Code Laws have changed completely and the courts
have been redesigned. Most of the judges and attorneys
had problems applying the practice according to new
legislation but the forensic sciences took an important
part in this process. The new attitude of the judicial system is much more evidence based than it used to be
and so the forensic sciences and forensic experts became
more important than they were previously. The Istanbul Protocol as a United Nations Article took place in
our daily clinical forensic medicine practice and training is still going on although examination as mandated
by the article still has not been guaranteed nationwide.
Evidence collecting, saving and investigation have been
redesigned and the police and related officials are still
under training. The judges and prosecutors are also
under training for better investigation (Criminal Code
Law, 2004; Civil Code Law, 2011; Gunay, 2008).
26.7 Research
Unfortunately we are very far behind with scientific
research publication, especially in regard to citations and
also innovation of new technology devices as well as scientific methods. Scientific publications and their citation
ratio are seriously low when we consider the case workload and the country itself. In addition, the daily use of
the new scientific methods, which have developed in the
publications, is very low. The State Institute and Organizations (Forensic Medicine Council, Police and Gendarme) do not have research funding. The universities
have the funding yet they cannot involve and participate as a scientific collaboration in a research project
with the government organization because of the legal
status. This should be broken and a new pathway should
be designed for researches and collaborations between
the institutes overall (İnce, 2013).
26.8 Disaster management
Our country has also suffered various disasters, especially earthquakes. In 1999 we had a great Marmara
Quake that shook the nation widely. We also had airplane crashes in Diyarbakı́r, Isparta and Trabzon during
the years from 2000 until today. In all of these disasters
there was an identification problem. We had a very sad
experience with the Marmara Earthquake in which most
of the victims were barely identified and we noticed that
we were not very well prepared for a disaster of this magnitude. Yet now we have DVI teams that can get ready
to go after six hours of the disaster announcement. With
the Van city Earthquake in October 2011, the disaster
teams were ready in six hours to fly to Van. Many
European Union projects had been realized for the education of the forensic scientists. Collaboration projects
and educative courses are playing important roles in
certifying forensic teams as well as the workshops, with
FASE (Forensic Anthropology Society of Europe) and
international forensic anthropologists.
The Turkish military, police and government authorities are also getting trained for disaster management as
also are the Forensic Medicine Specialists. Yet we have a
serious lack of forensic odontologists and the DVI teams
are not large enough in number to cover the country.
The Forensic Odontology Master degree program and
special courses are going on. The DVI teams need to be
increased both by number and by qualification (İnce,
2013).
26.9 Legal issues
The forensic sciences are still not very well understood
and used by the legal system in Turkey, especially the
judges, prosecutors, attorneys and in general the courts.
Usually the legal arena still expects to receive expertise
reports in the old way and find quick answers so that
they can finalize the cases. Especially the new Criminal
and Civil Code Laws changed the status of forensic sciences in the legal arena and on the court side too much.
The courts are still depending on the Forensic Medicine
Council reports as the official one and give the last word
to the Council. Of course this is against the spirit of the
new code laws, especially when the laws suggest cross
examination and independent experts. Of course forensic sciences will improve with the demands of the courts
but yet still there is nothing new from the court side. It
is not easy and will not be easy to convince the judges
to use universities, private Institutes and experts that
have quality assurance with an appropriate accreditation
and standardization. However, today the conditions are
much better than they were 10 years ago. We forensic
Forensic medicine and sciences in Turkey
scientists are hopeful for the future of the forensic sciences in our country.
26.10 New developments
Forensic toxicology is one of the new hit topics in means
of research and serious funding and support has been
given by the National Science Research Councils. Drug
use and abuse have become a serious problem of the
country and follow-up cases especially are in important
numbers. The forensic sciences in general are also a new
interest area.
Forensic sciences are facing new modeling in Turkey.
In the year 2009 the Turkish President asked for help
from the State Supervisory Board to provide research
for our National Forensic Sciences and what should be
done in the near future, such as the NAS report of the
US (State Supervisory Board Report (DDK), 2010).
The State Supervisory Board worked for more than
a year about the Turkish forensic sciences and talked
to different academicians, scientists and to the authorities of different government organizations, as well as the
universities and also international scientists. The State
Supervisory Board presented their report in 2010. The
main perspective is to be at the EU standard norms.
Turkey can easily adopt the Portugal reforms in the
forensic sciences. The next decade will be much brighter
for forensic sciences. The courts will start to use the
forensic sciences more often and in more detail. The
needs of the country will be much more and probably forensic toxicology and hemogenetics will be more
important. We probably will practice more autopsies and
the autopsy data will be more useful. The European
Union projects on forensic sciences and human rights
will be more effective. Turkish state institutes and universities as well as independent private forensic institutes will be accredited and Turkish forensic sciences
standards and quality assurance will be settled. Many
organizations will become a partner of the ENFSI. The
system will need a new forensic sciences system over the
whole country and new legislation should bring more
scientific critics.
A new Academy for the Turkish forensic sciences
can be more effective to solve most of the judicial
problems in a scientific manner and be much less
affected by political influences. The Turkish Academy of
287
Forensic Sciences could then become a Quality Assurance, Accreditation/Standardization scientific umbrella
organization. The country has been proud to organize
and host international meetings for the last 10 years with
the ENFSI Meeting of 2005, the MAFS Meeting of 2009
and the IALM Meeting of 2012. The next 10 years will
be much better for the country in terms of forensic sciences, opportunities and development.
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Gulmen, M.K., Sarica, A.D., Cekin, N., Alper, B. (1999) Forensic Psychology in Turkey. Poster presentation, 15th Triennial
Meeting of the International Association of Forensic Sciences,
22–28 August 1999, Los Angeles, California, USA.
Gunay, Y. (2008) How fair the Forensic Medicine Council.
Doctors’ Journal August/September 46. http://www.doktor
dergisi.com/default1.asp.
Himberg, O. (2007) European Union and Turkey Progress,
Reporter.
İnce, H. (2012, 2013) Reports of the Forensic Medicine Council,
as the President of the Forensic Medicine Council between
the years 2009 and 2013, Istanbul, Turkey. www.atk.gov.tr.
Istanbul University Institute of Forensic Sciences (2014).
http://www.istanbul.edu.tr/enstituler/adli/tarihçe_index.
Polat, O. (2010) Forensic Medicine, DER Publishing Co., Istanbul,
Turkey.
Salacin, S., Alper, B., Cekin, N., Gulmen, M.K. (1994) The
medico-legal system in Turkey, undergraduate and postgraduate curriculum of the forensic sciences. Acta Medicinae Legalis
XLIV: 372–374.
State Supervisory Board Report (DDK) (2010) Presidential
Office, Ankara, Turkey.
Turkish Civil Code Law (HMUK) (2011).
Turkish Criminal Code Law (CMUK) (2004).
Turkish Police General Commandment Center Educational
Office (2003) SASEM, Textbook of Crime Scene Investigation, The Safety and Evidence Collecting.
C H A P T E R 27
Forensic medicine in the United Arab
Emirates
Fawzi Benomran
Department of Forensic Medicine, Dubai Police General Headquarters, Dubai, United Arab Emirates
United
Arab
Emirates
27.1 An overview and a historical
background
The United Arab Emirates is a federation of seven Emirates, united in 1972, and each of them has a local
government as well as being under the umbrella of the
Federal State. Forensic Medicine in Dubai is attached to
Dubai Police, which is one of the bodies of the local government of Dubai. The other six emirates are served by
the Federal Police, but forensic medicine in all of them
belongs to the Ministry of Justice.
Investigation into suspicious deaths and crimes as a
whole is the responsibility of the police who eventually
refer cases to the Public Prosecutor, who refer them to
the Courts of Law. The Police in Dubai is delegated by
the Public Prosecutor to refer cases to the Department of
Forensic Medicine. The warrant of the Police is sufficient
for all examinations except dissection of the dead bodies
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
289
290
Chapter 27
Figure 27.1 The staff entrance of the Department of Forensic Medicine, Dubai Police.
to determine the cause and manner of death. Dubai
courts adopt the Inquisitorial System rather than the
Adversarial System. The Jury system is not followed in
any of the seven Emirates, neither it is followed in any
Arab country.
The Department of Forensic Medicine was established
in Dubai in 1980, within the Dubai Police General Head
Quarters. Initially, the staff consisted of one forensic
medical examiner and a few clerking personnel. For two
years, the department occupied a temporary building,
which has facility for examination of clinical cases, that is
injuries, age assessment and sexual crimes. Postmortem
examinations were carried out in a basic mortuary at the
nearby hospital.
A proper building was erected in 1982 within the
perimeter of the Police Headquarters (Figures 27.1 and
27.2). It contained an autopsy room with two autopsy
tables, a body store with a capacity of 48 bodies, a
clinical examination room, a fixed as well as mobile
X-ray units, and offices for two doctors and clerical
staff. A second doctor was appointed at that stage, and
a histopathology technician. A mobile body store with
a capacity of 32 bodies was supplied, as well as two
hearses for body transfer.
The author (Figure 27.3) was appointed in August
1997, and so the number of forensic medical examiners became three. On the author’s recommendation, a
project of modification and extension of the department
was approved for implementation (Figure 27.4). The
project was justified by the steady increase of work load.
An airplane crash in October 1997 resulted in 59 fatalities and emphasized the need for expansion. The project
was concluded in 2001, at which time the author was
made Director of the Department.
Until 2011 the Forensic Medical Examiners were nonlocal and appointed by contract from Egypt, with the
exception of the director (author) who comes from
Libya. On the author’s recommendations, a number of
Forensic medicine in the United Arab Emirates
291
Figure 27.2 Public entrance of the Department.
local doctors were appointed and sent for postgraduate
training abroad. Some of them had finished their training and joined the department.
At present the staff of the department includes seven
forensic medical examiners in addition to the director.
Amongst these seven are two females and two locals.
The addition of new cold storage that can accommodate 80 bodies increased the total capacity to 128 bodies. Two autopsy rooms are available, one with three
autopsy and three dissecting tables, and the second is
a septic room with one autopsy and one dissecting
table. All tables are stainless steel with downdraft air
flow and hydraulic height adjustment, and rapid transfer properties. Hydraulic body lifters are also provided.
The histopathology laboratory was also modernized.
This department provides medicolegal services in
Dubai, which has a population of just over 1.7 million. The Director of Public Prosecution (DPP) and its
deputies, as well as the directors of the seven police stations refer cases for examination. Referred cases include
clinical examinations as well as postmortem examinations. The reasons for many deaths are disposed of on
the grounds of external examination. Autopsies are only
performed by a warrant from the DPP, on a request
of the medical examiner. The general aim is to determine the cause and manner of death. It must be emphasized that this study does not represent all deaths that
took place in Dubai. Hospital deaths from natural causes
and many home deaths are not referred for medicolegal
examination.
Clinical examinations constituted of injuries, sexual
crimes, age assessments, medical responsibilities, criminal abortions and other miscellaneous cases.
Injured parties are referred by legal authorities to
determine the fact of injury or harm, causative agent if
possible, duration of treatment and disability incurred
if any. Based on that medicolegal assessment the
legal authorities determine the degree of culpability
involved. Types of cases range from simple fist-fights
to attempted homicide. The courts refer victims of road
292
Chapter 27
Figure 27.3 The Director, Professor Fawzi Benomran.
traffic accidents suing for compensation to determine
the percentage of disability, which helps the judges in
the determination of awarded damages.
Sexual crimes in the UAE are defined in accord with
the Islamic tradition (Benomran, 2002a). Any sexual
relation outside wedlock is considered unlawful and
prosecutable. Obviously, legal authorities do not spy on
people in order to prosecute them for consented sexual offenses, but they do investigate when it comes to
their attention through an official complaint. The complainant in consented sexual crimes would be a spouse,
an employer in cases of servants or a hospital in case of
the birth of an illegitimate child. Sometimes the complainant would be the female when her male partner fails to fulfill his promise of payment or marriage,
especially consequent on pregnancy. People involved in
heterosexual or homosexual indecent behavior in public places are sometimes brought in by the police who
are usually called by witnesses. Forcible sexual intercourse, whether hetero- or homosexual, comes to the
attention of the legal authorities through a complaint by
the victims.
27.2 The General Department of
Forensic Science and Criminology
The Department of Forensic Medicine in Dubai Police
has been for many years one of the departments of the
General Department of Forensic Science and Criminology, which includes several other departments. Of note
is the Crime Laboratory, which hosts the Toxicology and
Molecular Biology sections, which we rely on extensively in our work. The General Department of Forensic Science and Criminology includes other departments,
like Crime Scene Investigation, Digital Crimes Investigation, Development and Training, Criminology and K9
(Canines). Specialists of these departments and sections
work as a team in relevant cases, but each furnishes a
separate report, which are integrated later in a collective
Forensic medicine in the United Arab Emirates
293
Figure 27.4 The new extension of the Department with a ramp for a body hearse.
conference. Recruitment of expatriate specialists is based
on their postgraduate degrees indicating their qualifications and also their experience attained elsewhere. On
the other hand, citizens of the UAE are employed and
sent to specialist centers abroad to gain the required
qualification and basic experience before they come back
and become actively involved in the field. Over 70 young
scientists are currently abroad for training and working for postgraduate degrees in different disciplines of
Forensic Sciences.
Of note is the ongoing project of building a huge
crime laboratory within the Dubai Police General
Headquarters. It will be one of the biggest of its kind
worldwide. The date of completion will be early 2014,
and it will hopefully be opened during the 23rd meeting
of the IALM, which will be held in Dubai from 19 to
21 January 2015.
It has been the policy of the institution to achieve
international standards. In that direction, we have
obtained ISO 90001 and ISO 14000, and worked to
obtain ISO 17025 in January 2014. The laboratory
undergoes regular proficiency test of CTS (USA) and
GTFCh (Germany).
Dubai Police, and hence the General Department of
Forensic Science and Criminology, receive their funding from the local government of Dubai. Services are
rendered to the governmental legal authorities free of
charge, including transferring bodies by hearse to cemeteries, and to and from the airport.
27.2.1 Types of cases handled
by the Department
Cases were referred from legal authorities of Dubai (population of 1.7 million) and occasionally the Northern
294
Chapter 27
TOTAL CASES 2002-2011
4500
3995
4000
3724
3766
3892
3429
3500
3169
3000
2500
3777
2790
2367
2204
2000
1500
1000
500
0
TOTAL CASES
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
Figure 27.5 The prevailing trend of total cases examined annually in the Department of Forensic Medicine.
Emirates. Local people constitute less than 15% of the
total population. Foreign expatriates, being the majority, are largely laborers from the Indian subcontinent.
Over 200 nationalities represent the spectrum of foreign
inhabitants of Dubai. This mosaic population is reflected
by the cases examined in our department.
Prior to 2002, there had been no proper statistical registration in the department. Once made director, the
author commenced proper data collection and analysis, in addition to other progressive developments of the
department. Information forms were designed to categorize different types of cases, in which doctors are
required to fill in information after they have finished
writing reports. Information from these forms is transferred to special registers. This procedure was carried out
from day to day and results were tabulated at the end of
each month. A yearly report was compiled at the end of
each year.
During the period extended from January 2002 until
the end of 2011, 33,113 cases were examined in the
Department of Forensic Medicine of Dubai Police General Headquarters (Figure 27.5). This constituted a
yearly average of 3311.3 cases. A steady annual increase
was noted up to 2008, with an average annual increment of 8.8%. The percentage of increase from 2002 and
2008 being 81.26%, the latter year count exceeded the
former by 1791cases. The count of 2008 topped that of
2007 by 271 cases, which constituted an annual increase
of 7.3%, in accord with the percentage of population
growth of Dubai (Centre of Statistical Studies, 2008).
A decline was noted during 2009, and less so during
2010, averaging 5.7%, coinciding with a temporary drop
of expatriate population due to the global financial crisis (Figure 27.5). A slight increase was noted in 2011,
amounting to 126 cases (3.2%).
Cases of death were classified according to variables
including sex, age, manner of death, cause of death
and anatomical findings at postmortem examination
explaining the death. The manner of death is defined
as the circumstances of death or how the cause came
about, for example natural, accidental, suicide or homicide. The cause of death is defined as the disease or injury
that started a train of events or of physiological derangements leading to death.
Forensic medicine in the United Arab Emirates
Cases with an unknown manner of death are fatalities
caused by, for example, drowning or blunt injury, but
with obscure circumstances. Deaths with an unascertained cause due to decomposition or in cases of bony
human remains were included in this category.
It is mandatory for forensic pathologists in Dubai to
examine bodies at the locus or crime scene whenever
there is a suspicion involving the case. This practice,
although painstakingly inconvenient for the doctors,
proved to be very useful, especially to ascertain the manner of death in certain irregular suicides that could be
suspected to be homicides and vice versa.
Postmortem findings explaining death include anatomical evidence of diseases and lesions by organ, as well
as signs of drowning, strangulation, fire burns, electrical
burns, aspiration and combined findings. Absence of
anatomical findings is also significant as an exclusive
measure.
The total number of clinical examinations was 22,518;
of these 18,323 were injury cases, 3296 sexual crimes,
577 age assessments, 97 medical responsibilities, 46
criminal abortions, 84 civil actions and the rest (n = 95)
were miscellaneous cases (Figure 27.5).
Injury cases averaged 1832.3 per year, which constituted 55.33% of the total cases examined annually. Most
cases were males (81%), and of these 31% were simple
fist-fights. Domestic husband/wife fights constituted 3%
of all cases.
Cases of sexual crimes examined averaged 329.6 per
annum. It was classified according to the gender and age
of the parties involved, whether consented or forcible,
and if pregnancy was an issue in the crime.
The assessment of age is required in civil and criminal events. In civil cases, a driver licensing authority refers applicants for the test to ascertain their age
of majority. That was needed mainly when expatriates sitting for the driving test lacked an authenticated birth certificate. Ascertaining age of majority is
also important in criminal proceedings of the court
of law.
Cases of medical responsibility mainly involved live
patients suing hospitals for damages. Except for the few
cases where the medical facts were so obvious that we
were able to reach a decision, we usually acted as an
intermediary between the courts and committees of specialist doctors, who were assigned to investigate the case.
In 2009, a Law on Medical Responsibility was enacted
in the UAE, and consequently a higher committee was
295
established to investigate such cases and cases gradually
ceased to be referred to us (Benomran, 2010).
27.2.2 Statistical information
The total number of cases examined during the period
of the study was 33,113. Examinations were carried
out by request of the police, the prosecution or the
courts and reported to the respective agency. Of these
18,323 (55.33%) were clinical cases of injuries, 10,595
(31.99%) postmortem examinations, 3296 (9.95%)
clinical cases of sexual crimes, 577 (1.74%) age estimations, 97 (0.33%) medical responsibility, 46 (0.13%)
criminal abortion, 84 (0.25%) civil actions and 95
(0.28%) miscellaneous cases (Figure 27.6).
27.2.2.1 Postmortem examinations
A total of 10,595 deaths were examined; 9434 (89%)
of them were males and 1161 (11%) females. The
age ranged from 0 to 90 years, with a mean age of
41.2 years. The peak incidence was in the age group
20–50 years, where the extremes of age were least
represented (Figure 27.5). Only in 667 cases (6.3%
of the grand total) was the deceased a local citizen.
Autopsies amounted to 734 cases, which constituted
7% of the total deaths examined.
27.2.2.2 Manner of death
In descending order of frequency, the four manners of
death were: natural 6133 (57.88%), accidental 3206
(30.25%), suicidal 947 (8.9%) and homicidal 256
(2.41%). The manner was undetermined in 54 (0.5%)
of the cases over the 10 year period (Figure 27.7).
27.2.2.3 Causes of death
The three most predominant causes of natural deaths
were coronary artery disease (88%), senility (2%) and
malignancies (1.4%).
Accidental deaths were predominantly due to traffic accidents, amounting to 1498 cases (46.72%) of the
overall accidental fatalities.
The predominant method of suicide was hanging
(81.52%), followed by a fall from height (7.28%),
drowning (2.32%), extensive body burns (1.79%),
incised wounds (1.5%), ingestion of corrosive liquids (1.4%) and ingestion of insecticides (1.2%).
The remaining suicidal methods included drug overdose, stabbing, carbon monoxide poisoning, strangulation, firearm injury, cyanide poisoning, electrocution,
296
Chapter 27
CLASSIFICATION OF ALL CASES 2002-2011
2500
2182
2121
2000
1976
1925
1959
1896
1845
1673
1500
1443
1436
1395
1328
1303
1216
1144
1113
1000
916
782
642
623
504
500
207
64
0
2002
76
7
2003
INJURIES
23
81
21
2004
DEATHS
107
38
2005
344
295
263
233
183
38 58
2006
359
43 33
2007
SEXUAL CRIMES
43 36
2008
517
391
49 46
2009
AGE ASSESSMENTS
48 39
2010
28 21
2011
OTHERS
Figure 27.6 The different types of cases examined annually in the Department.
methanol poisoning, electrical saw decapitation and
butane gas poisoning.
The most common methods of homicide (see Figure 27.8) were stabbings (37.10%), blunt trauma to the
head (25%), ligature strangulation (8.9%), smothering
(6.25%), manual strangulation (5.07%) and cut-throat
(4%). The rest included firearm injury, run-over by a
car, drowning, blunt trauma to the body, torching and
battered child syndrome.
27.2.2.4 Autopsy findings explaining the death
Anatomical and/or histological evidence of coronary
artery disease, mainly severe atherosclerosis, was the
predominant finding of most sudden natural deaths.
Other organ pathologies were encountered in other
deaths from natural causes according to the underlying
disease in each case.
Trauma to the head and multiple injuries due to blunt
force impacts were most often encountered in accidental
deaths. In a few cases, we demonstrated that what the
police thought to be deaths due to traffic accidents were
in fact sudden cardiac deaths of drivers that caused a car
to impact another or to get off the road.
Locus examination proved to be indispensable in
homicides and suicides. A single case of homicidal strangulation that was staged to simulate suicidal hanging (Benomran, 2002b) and another suicide that the
police thought to be a homicide were examples of such
importance.
27.2.2.5 Clinical cases of injuries
Live victims of trauma, whether accidental or due to
an assault are examined to furnish medicolegal reports
to the investigative and legal authorities. To help the
lawyers, the doctor must confirm or rule out the occurrence of injury or bodily harm. If an injury is present, the
doctor must comment on its causation (blunt or sharp
instrument), duration of treatment (whether within
Forensic medicine in the United Arab Emirates
297
MANNER OF DEATHS (2002-2011)
900
852
800
778
761
741
685
700
600
574
547
494
500
493
455
405
392
400
384
350
338
300
200
100
266
242
237
187
162
57
29
148
19
0
2002
70
67
2
2003
NATURAL
89
36
16 4
2004
108
81
28
3
1
2005
113
33
31
2
ACCIDENT
113
102
2006
2007
SUICIDAL
6
2008
HOMICIDAL
34
12
2009
25
4
2010
10 9
2011
UNDETERMINED
Figure 27.7 All deaths classified by their different manners.
20 days or more than 20 days) and its outcome (permanent disability or not). The punishment of the perpetrator depends upon the severity of the injury and the
weapon used in infliction. In civil cases, where damages
may be awarded by the court, the doctor must give an
estimate percentage of disability if present.
27.2.2.6 Clinical cases of sexual crimes
The duty of the forensic medical examiner is to find evidence to confirm the occurrence of a sexual crime. Physical injuries may indicate the fact that the sexual act was
forceful. The only conclusive material evidence of sexual
crimes is the presence of semen from one party on the
body of the other party or inside one of the natural orifices. A torn hymen would be strong evidence of sexual
intercourse, albeit its interpretation must be considered
with great care (Benomran, 2002a).
27.2.2.7 Age estimations
Because of the diversity of the population in the UAE,
more often than not people come from countries where
laxity in birth registration and certification lead to doubtful records of passport information. When a person’s
documented age is thought by the authority to be false,
on the grounds of discrepancy with appearance, the help
of the forensic medical examiner is sought by the respective authority. This most often arises when applicants
for a driver’s license are thought to be younger than
18 years (light vehicles) or 21 years (heavy vehicles).
Another group of cases are of criminals, where the courts
want to confirm the age of majority before passing the
sentence.
27.2.2.8 Miscellaneous cases
These constituted cases of medical responsibilities,
reports on health in connection with divorce due to
harm and examination of nonhuman bones or animal
carcasses. From 2009 onwards, the number of medical responsibility cases declined substantially as the
law on medical responsibility of the UAE established a
special committee to undertake that task (Benomran,
2010).
298
Chapter 27
COMPARISON OF CAUSES OF HOMICIDES (2002-2011)
100
95
90
80
70
60
60
50
40
30
24
20
16
12
10
13
10
4
3
3
3
3
2
2
0
STAB WOUND
LIGATURE STRANGULATION
MANUAL STRANGULATION
CUT THROAT
INATTENTION AT BIRTH
SMOTHERING BY SAND
LIG. STRANGULATION & SMOTHERING
BATTERED CHILD
LIG.STRANGULATION & BLUNT TRAUMA TO HEAD
STAB WOUND TO NECK & CUT THROAT
DROWNING
2
3
1
1
1
1
1
1
BLUNT TRAUMA TO HEAD
SMOTHERING
CRIMINAL ABORTION
BLUNT TRAUMA TO BODY
FIRE ARMS INJURY
RUN OVER BY A CAR
CORONARY ARTERY DISEASE
UNKNOWN
MANUAL STRANGULATION & BLUNT TRAUMA TO HEAD
DEEP INCISED WOUND
TORCHING
Figure 27.8 A breakdown of homicides by causes of deaths (methods of homicide).
27.3 Discussion
The total number of 33,113 cases examined during
the period of the study constituted a yearly average
of 3311.3. The average annual increment during the
first 7 years was 273.6 cases (8.8%), coinciding with
an earlier study (Benomran, 2009). The total cases of
2008 exceeded that of 2002 by 81.26% (Figure 27.5).
The relatively high rate of increase of case turnover
reflected the population growth of Dubai, which attracts
people from all over the world to seek employment and
residence in this country with a remarkably booming
economy. The count of 2008 topped that of 2007 by
271 cases, which constituted an annual increase of
7.3%, in accord with the percentage of population
growth of Dubai during 2005–2007. A decline was
noted during 2009, and less so during 2010, averaging
5.7%, coinciding with a temporary recent drop of
expatriate population due to the global financial crisis.
A slight increase of 126 cases (3.2%) was noted in 2011,
reflecting the recent population growth coinciding with
the start of the economic recovery.
Examinations are not carried out unless referred by
the police, the director of public prosecution or the court.
The latter referral is almost exclusive to civil actions,
which constituted 84 cases during the period of study
(0.25%). Clinical cases included injuries: 18,323 cases
(55.33%), sexual crimes: 3296 cases (9.95%), age estimations: 577 cases (1.74%), medical responsibility: 97
cases (0.33%), criminal abortion: 46 cases (0.13%) and
other miscellaneous cases, which amounted to 95 or
0.28% of total clinical cases (Figure 27.6).
Of the 10,595 cases of postmortem examinations
(31.99% of the grand total), 9434 (89%) were males
and 1161 (11%) females. This male:female ratio of
approximately 9:1 reflects the predominant male
population, where most resident expatriates are single
males. The male:female ratios of postmortem examinations in Libya and Scotland were reported to be 3:1
and 3:2 respectively (Benomran, 1993). Other factors
common to females in most countries, that is being less
prone to violent deaths and less likely to die outdoor
and become medicolegal cases, had contributed to that
male preponderance.
Forensic medicine in the United Arab Emirates
299
COMPARISON OF CAUSES OF SUICIDES (2002-2011)
900
800
772
700
600
500
400
300
200
100
69
22
17
13
10
14
7
0
5
5
3
3
2
1
1
1
1
1
1
2002-2011
HANGING
FALL FROM HEIGHT
DROWNING
TORCHING
INCISED WOUND
INGESTION OF PESTICIDES
INGESTION OF CORROSIVE LIQUID
DRUG OVERDOSE
STAB WOUND
STRANGULATION
RUN OVER BY CAR
FIRE ARM INJURY
CARBON MONOXIDE POISONING
CYANIDE POSIONING
ELECTROCUTION
METHANOL POISONING
DECAPITATION BY ELECTRIC SAW
HEAD INJURY
BUTANE GAS POISONING
Figure 27.9 A breakdown of suicides by causes of deaths (methods of suicide).
Only in 667 cases (6.29% of total deaths) was the
deceased a local citizen, which reflects the fact that citizens are a minority, constituting less than 20% of the
population, which is formed largely by noncitizen or
expatriate residents.
Autopsies were limited to 734 cases, which constituted 7% of the total deaths examined, and reflected
the cultural undesirability of autopsy on the part of
the Attorney General and his deputies. In criminal and
suspicious circumstances the consent of the relatives is
not sought, but the Islamic tradition is strictly observed,
where the human body is considered a sacred entity, and
quick burial is greatly emphasized.
Accidents and suicides were the two most frequent
unnatural manners of death in the present study. The
four manners of death in descending order of frequency
were natural 6133 (57.88%), accidental 3206 (30.25%),
suicidal 947 (8.9%) and homicidal 256 (2.41%). The
manner was undetermined in 54 (0.5%) of the cases
over the 10 year period, the reason being due to cases
being skeletonized remains or decomposing bodies
(Figure 27.7). The most prominent violent manner
of death in medicolegal autopsies in other countries
were reported to be road traffic accidents and suicides
in Norway (Nordrum et al., 1998), suicides in Finland
(Saukko, 1995), road traffic and railway accidents in
India (Bhattacharjee et al., 1996), road traffic accidents
and fire in Scotland (Benomran, 1993) and homicides
in Japan (Higuchi and Sukegawa, 1983).
Deaths due to natural causes continue to be the
leading manner of death for the overall postmortem
examinations. This is due to the current system of death
referral in Dubai where many home deaths and all
dead-on-arrival to hospitals are referred to the forensic
medical examiner.
Stab wounds and blunt trauma to the head are the
most frequent causes of death in homicides, making
37% and 25% of homicides, respectively. Next come
ligature strangulation (8.9%), where, in this group,
a case of homicidal strangulation staged to simulate
suicidal hanging was reported (Benomran, 2002b).
Homicidal smothering comes next (6.25%), followed
300
Chapter 27
by manual strangulation (5%) and cut-throat (4%).
Gunshot homicides are extremely rare due to strict
firearm legislation in this country (Figure 27.8). Stab
wounds were also found to be the most frequent cause
of homicidal deaths in other medicolegal practices,
namely Norway (Nordrum et al., 1998), New Zealand
(Lo, Vuletia and Koelmeyer, 1992) and South Africa
(Duflou, Lamont and Knobel, 1988).
Of the homicides, two high profile assassinations had
been examined by the author but are yet to be reported
awaiting consent issues, although extensively covered
by local and international media. A Chechen warlord
was shot dead in 2009 (Gulf News, 2009), and a Palestinian Resistance Group leader was killed by suffocation
in 2010 (Gulf News, 2010). In both instances the assassins
came to Dubai from abroad specifically to hunt down
and eliminate their targets.
Accidental deaths were predominantly due to traffic
accidents, amounting to 1498 cases (46.72%) of the
overall accidental fatalities. Drug overdose constituted
110 cases, 75% of these being heroin overdose fatalities,
where the sign of postmortem sole incisions had been
reported in a significant number of cases (Benomran,
2008). Rare and interesting accidental fatalities have
been encountered, that is a case of fatal accidental
inhalation of sulfuric acid (Benomran, Hassan and
Masood, 2008), a few cases of accidental fatal asphyxiation by sand inhalation (Benomran and Hassan, 2008)
and one unusual accidental death from positional
asphyxia (Benomran and Hassan, 2011).
The predominant method of suicide (Figure 27.9)
was hanging (81.52%), followed by a fall from height
(7.28%), drowning (2.32%), extensive body burns
(1.79%), incised wounds (1.5%), ingestion of corrosive
liquids (1.4%) and ingestion of insecticides (1.2%).
Many cases of suicidal hangings accompanied by masking and bondage have been encountered (Benomran,
Masood and Hassan, 2007). Jumping from a height
has been reported to be the method of choice in
Singapore (Peng and Choo, 1990), poisoning in Sri
Lanka (Hettiarachchi and Kodithuwakku, 1988) and
gunshot injuries in Norway (Nordrum et al., 1998).
References
Benomran, F.A. (1993) An objective study of two medico legal
systems: Libyan and British. Medicine, Science and the Law 33
(4): 315–324.
Benomran, F.A. (2002a) Sexual crimes: perspectives. Journal of
Clinical Forensic Medicine 9 (1): 1–4.
Benomran, F.A. (2002b) Homicidal strangulation staged to simulate suicidal hanging. Journale de Medicine Legale 45 (4–5),
Alexandre Lacassagne, Paris: 98.
Benomran, F.A. (2008) Postmortem sole incisions: a new sign
of heroin overdose? Journal of Clinical Forensic Medicine 15 (1),
January: 59–63.
Benomran, F.A. (2009) The medico-legal scene in Dubai 2002–
2007. Journal of Clinical Forensic Medicine 16, February: 332–
337.
Benomran, F.A. (2010) Medical responsibility in the United
Arab Emirates, Journal of Clinical Forensic Medicine 17: 188–
193.
Benomran, F.A., Hassan, A.I. (2008) Accidental fatal asphyxiation by sand inhalation. Journal of Clinical Forensic Medicine 15
(6), June: 402–408.
Benomran, F.A., Hassan, A.I. (2011) An unusual accidental
death from positional asphyxia. American Journal for Forensic
Medicine and Pathology 15 (1), March: 31–34.
Benomran, F.A., Hassan, A.I., Masood, S.E. (2008) Fatal accidental inhalation of sulfuric acid. Journal of Clinical Forensic
Medicine 15 (1), January: 56–58.
Benomran, F.A., Masood, S.E., Hassan, A.I. (2007) Masking and
bondage in suicidal hangings. Medicine, Science and the Law
47(2): 177–180.
Bhattacharjee, J., Bora, D., Sharma, R.S., Verghese, T. (1996)
Unnatural deaths in Delhi during 1991. Medicine, Science and
the Law 36: 195–198.
Centre of Statistical Studies of Dubai (2008) Report of Social and
Demographic Indices, Albayan Daily Newspaper, No. 10346, 15
October 2008, p.10.
Duflou, J.A., Lamont, D.L., Knobel, G.J. (1988) Homicide in
Cape Town, South Africa. American Journal of Forensic Medicine
and Pathology 9: 290–294.
Gulf News (2009) A Daily Newspaper of UAE, Issue 30/3.
Gulf News (2010) A Daily Newspaper of UAE, Issue 21/2.
Hettiarachchi, J., Kodithuwakku, G.C.S. (1988) Suicide in
Southern Sri Lanka. Medicine, Science and the Law 28: 248–
251.
Higuchi, T., Sukegawa, Y. (1983) Statistical evaluation in cases
of forensic autopsies and the judicial examination in the
southern part of Osaka city. Osaka City Medical Journal 29: 185–
197.
Lo, M., Vuletic, J.C., Koelmeyer, T.D. (1992) Homicides in
Auckland, New Zealand, A 14-year study. American Journal
of Forensic Medicine and Pathology 13: 44–49.
Nordrum, I., Eide, T.J., Jorgrnsen, L. (1998) Medicolegal autopsies of violent deaths in northern Norway 1972–1992. Forensic
Science International 92: 39–48.
Peng, K.L., Choo, A.S. (1990) Suicide and parasuicide in Singapore 1986. Medicine, Science and the Law 30: 225–233.
Saukko, P. (1995) Medicolegal investigative system and sudden death in Scandinavia. Japan Journal of Legal Medicine 49:
458–465.
C H A P T E R 28
Forensic science practice in the United States
Joseph Peterson1 & Matthew Hickman2
1 (Retired)
School of Criminal Justice and Criminalistics, California State University, California, USA
of Criminal Justice, Seattle University, Washington, USA
2 Department
United States
of America
28.1 Introduction
There are several important themes that cut across
almost all forensic science disciplines in the United States
and frame the major issues going forward. These include
issues of: scientific progress; key court decisions; practice and policy; standards and methods; education, training and research; national direction and funding; and
popular and legal culture. This chapter will begin by
briefly describing trends in these areas, how they piece
together, and how they overlap. In subsequent sections,
this chapter will review forensic science practice in the
United States, including discipline-specific histories of
forensic services, a review of forensic caseloads, a discussion of the structure of forensic services, integration
of forensic sciences, recruitment, training, funding and
political influences, certification/accreditation and quality control, disaster preparedness, legal issues, research
and technology, and future directions. Although it is
necessary to sacrifice some depth for breadth, the goal
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
301
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Chapter 28
of the chapter is to provide the reader with an overview
of forensic science practice in the United States along
with appropriate references for further reading and
detail.
28.2 Scientific progress
Good science is at the heart of all forensic examinations
and interpretations. Important advances have been
made in most forensic disciplines, but questions still
persist in certain specialties that lack critical empirical
data to support interpretations of test data collected
by examiners. DNA testing is the new “gold standard”
in the field both in terms of scientific approach and
interpretation of data. The National Research Council’s (NRC) 2009 Strengthening Forensic Science report
addressed many of these fundamental scientific questions and limitations. Technologically, great progress has
been made in the development of scientific instrumentation and computerized databases like the Automated
Fingerprint Identification System (AFIS), Combined DNA Index System (CODIS), and National Integrated Ballistic Information Network (NIBIN) to search
and link offenders to their crimes.
28.3 Legal
The central mission of forensic practice is to serve the
legal system with accurate and reliable tests and interpretations of data and to assist the trier of fact with
timely information. New standards of admissibility for
forensic evidence and testimony are guided by the US
Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals and its progeny (Joiner and Kumho Tire) that
replaced the 1923 Frye general acceptance standard in
the federal courts and many state courts. Nonetheless,
judges still struggle to apply key “scientific practice” criteria articulated in Daubert. Other important legal questions include the taking of DNA samples from arrestees
(Maryland v. King) and if experts are obliged to testify in
cases to satisfy the Constitution’s confrontation clause
(Melendez-Diaz v. Massachusetts). Legal “innocence clinics” like the Cardozo Innocence Project have employed
DNA testing to exonerate over 300 wrongly convicted
and incarcerated persons.
28.4 Policy and practice
Over the decades, forensic laboratories have been chronically underfunded and resources have been strained to
meet case demands. Backlogs and untested evidence in
such important areas as sexual assault kit and DNA testing plague some laboratories. Many blue ribbon commissions have also questioned the wisdom of locating
crime laboratories within law enforcement agencies and
if this compromises their objectivity and commitment to
science. Periodic forensic laboratory censuses monitor
caseloads, backlogs, personnel, and budgets. Scandals
over the years have surfaced that indicate scientific and
objectivity standards were sacrificed to further police
and prosecution ends (for example, the Annie Dookhan,
Fred Zain, Joyce Gilchrist, and Arnold Melnikoff cases,
among others). The National Research Council proposed an independent Institute of Forensic Science in its
2009 report and, presently, bills are pending in the
US Congress.The Department of Justice (DOJ) and the
National Institute of Standards and Technology (NIST)
are jointly supporting a recently empaneled National
Commission on Forensic Science to guide national policy and practice.
28.5 Standards and methods
Although largely voluntary, laboratory accreditation,
examiner certification, and quality assurance practices
have made important headway to ensure that examiners are qualified and forensic laboratories follow good
scientific practice. Crime laboratory accreditation began
over thirty years ago and is the centerpiece of the
criminalistics profession’s commitment to excellence.
Most forensic disciplines also have established certification programs that are overseen by the Forensic
Specialties Accreditation Board (FSAB) (2013). Beginning with DNA testing procedures, scientific working
groups (SWGs) in most forensic specialty areas are
developing and setting new testing standards. Efforts to
develop uniform codes of ethics across the many forensic specialty areas have been proposed by the National
Research Council and other national bodies. Standards
and best practices are assuming more prominent positions in the profession with NIST assuming an expanding
role.
Forensic science practice in the United States
28.6 Education, training, and research
The quality of education has made significant strides
in the forensic field in recent decades, stimulated by
guidelines issued by the Technical Working Group on
Education (TWGED) in 2004, the formation of the
Forensic Science Education Programs Accreditation
Commission (FSEPAC), and the accreditation of forensic educational programs around the country. Training
opportunities are uneven and remain primarily statebased. Research has grown in most forensic disciplines
in recent years and NIJ and NIST have major portfolios of funded research projects addressing forensic
problems. A range of laboratory-based research projects
is supported and social science research has begun to
address the effects of forensic science on case outcomes.
Still, research is needed in many forensic disciplines
to establish a scientific foundation and guidelines for
proper interpretation of examiner data.
28.7 National direction and funding
Given the fact that state and local forensic services dominate scientific input into the nation’s criminal justice system, there have been questions over the role of federal
oversight and direction. Many federal agencies maintain their own forensic laboratories to serve their agents,
and the FBI in particular has provided important leadership on DNA testing and other examination areas. In
recent years there have been a number of federal initiatives to support forensic laboratories by expanding DNA
testing and reducing case backlogs. There is important
national legislation pending in both the US House and
Senate that can make significant contributions. Professionally, the Consortium of Forensic Science Organizations (CFSO) has provided important national focus on
efforts to influence forensic matters at the national level.
The embryonic National Forensic Science Commission,
which recently named its members and began holding
meetings (US Department of Justice, 2014) should provide important policy guidance, steps to improve quality
assurance, and future needs of the field.
28.8 Popular and legal culture
The explosion of forensic science themes on television
programs and the popular media has sensitized the lay
303
public and legal practitioners to the tremendous potential of the forensic sciences. Expectations are sometimes
raised to unrealistic levels, however, by fictional television dramas, a phenomenon that has become known as
the “CSI effect.” These dramas have also played a major
role in stimulating student interest in this field. The popular media and investigative journalists have also turned
a critical eye toward forensic operations and examiners
who give inflated and unreliable results. Legal scholars
are among the most vocal critics of forensic science practice and standards, but the practicing legal community
also often has a poor understanding of the strengths and
limitations of forensic science procedures.
28.9 A brief history of forensic
services in the United States
28.9.1 Criminalistics
Criminalistics/forensic science laboratories are responsible for the majority of scientific analyses of physical
evidence in today’s criminal justice system. The first
crime laboratories originated in the United States in
Los Angeles, CA, in 1923 and Chicago, IL, in 1929
(Thornton, 1975), and many other crime labs resulted
from the poor handling and analysis of evidence by
the police and independent experts (Dillon, 1977). Fingerprint and latent print examiners actually organized
a decade previously in Oakland, California in 1915
forming the International Association for Identification
(International Association for Identification, 2012).
Chicago Crime Laboratory personnel at Northwestern
University founded an early scientific journal (American
Journal of Police Science) and helped to establish the
premier forensic professional association, the American
Academy of Forensic Sciences, in 1948.
Thornton (1975) speculates that criminalistics is such
a broad area of legal/scientific inquiry that its origins are
linked to many diverse fields: legal medicine, toxicology, fingerprinting, document examination, Bertillonage, photography, and even the fictional Sherlock
Holmes. Another strong factor in the development of
American criminalistics was the belief it could serve as an
antidote to the lawlessness and corruption of the police
in the 1930s and the “extortion of confessions through
brutal methods” (National Commission on Law Observance and Enforcement, 1931, p. 131) and, again, in
the 1960s when the US Supreme Court, in decisions
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like Miranda and Escobedo, encouraged the police to rely
less on coerced confessions and place greater reliance
on “extrinsic evidence” and scientific investigations. The
European forerunners of American crime laboratories
have been addressed by Jurgen Thorwald in his two
informative books, Century of the Detective (1965) and
Crime and Science (1967).
The American Academy of Forensic Sciences (AAFS)
was founded in 1948 to promote multidisciplinary
activities and has grown both in terms of membership
(over 6300 members) and member disciplines (11),
with criminalistics the largest at about 2800 members
(American Academy of Forensic Sciences, n.d. a, n.d. b).
The Journal of Forensic Sciences, founded in 1956, is the
premier scientific journal in the field (Gaensslen, ASTM
standardization News, 1975 reprinted in the History of
the AAFS; Field, 1998) and promotes the highest scientific standards. In 1965, the President’s Commission
on Law Enforcement and the Administration of Justice
(1967a, 1967b) advocated greater reliance on physical
evidence in criminal investigations, and the Omnibus
Crime Control Act of 1968 created the Law Enforcement Assistance Administration (LEAA) that channeled
federal funds to state and local law enforcement to
upgrade their agencies and expand crime laboratories
(Omnibus Crime Control and Safe Streets Act, 1968).
Parker’s (1963) early survey, however, revealed crime
laboratories were involved in 2% or less of crime and
Joseph’s (1968) study found only about 100 crime laboratories nationwide that were severely underfunded.
At the same time, The National Advisory Commission
on Criminal Justice Standards and Goals found funding
was sorely lacking: “Too many police crime laboratories
have been set up on budgets that preclude the recruitment of qualified, professional personnel” (National
Advisory Commission, 1973, p. 299).
Crime laboratories, nonetheless, expanded in the
1970s and more laboratories were established in closer
proximity to local police departments as many states
created regional crime laboratory systems (Rehling and
Rabren, 1973). Improvements in scientific instrumentation, particularly in the areas of alcohol and drug testing,
propelled the scientific capabilities of laboratories. Many
new professional organizations were also established
as the number of crime laboratories grew. Peterson,
Mihajlova and Bedrosian (1985) documented the
expansion of crime laboratories in this period, growing
to around 300 with about 3000 personnel. About 80% of
laboratories were located within law enforcement agencies, budgets remained low, and two-thirds of caseloads
were devoted to drug identification and DWI cases.
The recent Bureau of Justice Statistics sponsored crime
laboratory censuses in the 2000s (Durose et al., 2012)
revealed that the number of crime laboratories grew to
more than 400.
The 1970s and 1980s witnessed important professional initiatives to engage in proficiency testing,
methods development, accreditation and certification
that continue today. Poor proficiency testing results
(Peterson et al., 1978) and attendant publicity stimulated the field to venture into an array of programs to
address laboratory and individual scientist shortcomings. Accreditation of crime laboratories gained traction
in the 1980s and remains as one of the most important
programs in the field of criminalistics (Presley, 1999).
Still, reports of occasional ethical and scientific lapses
in the area of criminalistics and crime laboratories
revealed a few criminalists to have falsified their qualifications and their results, and to have given biased
testimony. An ethics symposium at a 1989 AAFS annual
meeting (Peterson, 1989) highlighted the challenges of
functioning within an adversarial judicial system and
underscored scientists’ obligations to be technically competent, not to inflate one’s qualifications and results,
and to present complete and impartial reports and
testimony.
Another very important scientific breakthrough was
the development of DNA typing. Important national
scientific bodies like the National Research Council
evaluated and endorsed DNA typing and stressed the
importance of examiner qualifications, standardized
laboratory methods and quality assurance procedures
(National Research Council, 1996). The leadership of
the FBI and establishment of testing standards (TWGDAM), the development of the Combined DNA Index
System (CODIS), and the DNA Identification Act of
1994 were all central to implementation of this technology (Scientific Working Group DNA Analysis Methods,
2013). DNA testing revolutionized the precision and
sensitivity of testing biological fluids and stains and has
transformed the investigation and prosecution of criminal cases and the identification of unknown individuals.
DNA testing also became a powerful technique to reexamine evidence and testimony in older cases that used
less specific scientific techniques, to exclude individuals
formerly thought to be suspects, and to exonerate those
Forensic science practice in the United States
who have been wrongly convicted and incarcerated.
(Connors et al., 1996; Innocence Project, 2013).
The modern day march toward higher professional
standards in criminalistics began in the 1970s and sharpened the field’s ability to identify and potentially individualize physical evidence. National scientific bodies
and the recent NRC Strengthening Forensic Science in the
United States report (2009) have trained their focus on
forensic testing and have identified several areas lacking
strong scientific foundations. Public and legal scrutiny
of the handling and interpretation of scientific evidence
has also grown as forensic testing invaded television,
newspapers, and popular culture, and expectations have
risen. Investigative journalists have published numerous
accounts of the reexamination of criminal cases based
on questionable forensic findings (Hsu, 2013). Questions
have also emerged about the wisdom of placing crime
laboratories in police agencies and whether this undermines the goals of scientific excellence and neutrality.
The courts have also developed more refined admissibility criteria and procedures to insure that forensic expertise and testimony are grounded in science.
28.9.2 Questioned documents
Worldwide, efforts to determine the authenticity of
documents date back centuries and, in the United
States, to the mid-1800s. Ordway Hilton provides a
brief history of questioned document examination in
the U.S. from 1900 to 1979 and notes the work of early
examiners (Hilton, 1979). The field advanced as Albert
S. Osborn published many articles and gained wide
notoriety through his work in the 1930 Lindbergh baby
kidnapping case, and through the writings of Professor
John Wigmore, a noted Northwestern University law
school dean and professor, who was a strong supporter
of Osborn and the reliability of questioned document
examination (Riordan et al., 2013). Almost all the early
document examiners were in private practice, however, as were those who testified at the trial of Bruno
Hauptman for the kidnap and murder of the Lindbergh baby. The first document sections of crime
laboratories originated in the 1930s with the formation of the Chicago crime laboratory at Northwestern University and at the federal level at the FBI,
Treasury, Postal Service, and the National Bureau
of Standards. Private examiners continued their
research and new methods for examining typewriting, inks, papers, and handwriting were introduced.
305
After World War II, new procedures and laboratory
techniques were needed to examine redesigned
typewriters, photocopy machines, new writing
instruments, and computer printing devices. As writing
materials advanced and were changed, identification
features of necessity were modified. Alternative lighting
sources, filters, and photographic techniques helped
the field progress. The American Society of Questioned
Document Examiners was formed in 1942 and the
International Association for Identification formed
a questioned document section in the 1950s. New
examiners were trained through lengthy (two years or
more) apprentice style programs principally at state and
federal forensic laboratories. Thornton notes, however,
how the field was impaired by the errors of examiners
in well-known criminal and civil cases (Thornton, 1975,
p. 13). While courses in document examination were
offered at several academic institutions in the United
States, no academic degree programs developed to
replace the apprentice method. The American Academy
of Forensic Sciences had a questioned document section
at its inception, but with only a handful of members
in its early years. As of March 11, 2013 this section
had grown to 204 members, 42 of whom were fellows
(AAFS, n.d. b). In terms of scientific publications, and as
noted elsewhere, the Journal of Forensic Sciences formed
in 1956 and the Journal of Forensic Document Examination
created in 1986 both served as outlets for questioned
document research. Important texts were periodically
published and continue to the present day.
28.9.3 Forensic pathology/biology
Medicolegal death investigation is likely the oldest
forensic science (Wright and Eckert, 1997) and has its
roots in this country in the coroner system introduced
by English colonists in the 1600s. Coroners had existed
for centuries in England to protect the financial interests
of the king and conduct inquests to determine the cause
and manner of suspicious deaths. Given the shortage
of medically trained personnel in the United States, lay
coroners conducted most criminal death investigations
until the use of physicians began in Maryland in the
1860s and the formal adoption of a medical examiner
system in Massachusetts in 1877 (Davis and Hanzlick,
2013). The use of trained physicians and forensically
trained medical examiners were adopted by some
jurisdictions, but the use of elected and usually nonphysician coroners, who typically contracted for medical
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advice, prevailed in most others. As with other criminal
justice and forensic science delivery systems, a variety of
organizations evolved depending upon the preferences
and resources of state and local governments.
The debate over the best way to conduct death investigation services has continued for over one hundred
years, even though various medical, legal, and governmental commissions have recommended doing away
with the coroner system and the adoption of physician
medical examiners to determine the cause and manner of death. Preceded by two National Research Council reports in 1928 and 1932, a Model Post-Mortem
Examination Act was advanced in 1954 that recommended the abolition of coroners and the adoption of
medical examiner systems headed by forensic pathologists in all states (Davis and Hanzlick, 2013). A survey
published in 1998 found that while medical examiners served about 50% of the population, few new medical examiner systems have been adopted since 1990
(Hanzlick and Combs, 1998). Several additional groups
have addressed this dilemma, including the recent
National Research Council report that also called for the
replacement of coroner offices with medical examiner
systems (National Research Council, 2009, p. 267).
The process of investigating deaths that occur in a
violent, sudden, or unusual manner is complex and
involves a variety of medicolegal personnel including
elected coroners, lay investigators, law enforcement personnel, autopsy technicians and forensic pathologists.
While progress has been made over the years, political and legal systems have too often not provided the
necessary resources to insure all such deaths are properly recognized and investigated. Professional organizations like the American Academy of Forensic Sciences
and the National Association of Medical Examiners are
two principal organizations that have been historically in
the forefront of efforts to improve the quality of forensic
and scientific training of personnel engaged in this effort.
The American Academy of Forensic Sciences Pathology/Biology section had 943 members, 229 of whom
were fellows, as of March 11, 2013 (AAFS, n.d. b)
28.9.4 Forensic toxicology
Forensic toxicology includes four primary types of casework: death investigation toxicology, human performance, doping control, and workplace drug testing
(Logan and Ropero-Miller, 2013). Forensic toxicology
examines the harmful effects of drugs and chemicals on
living systems. Upon ingestion, the process of absorption, distribution, metabolism, and elimination (Houck
and Siegel, 2010) of drugs is a dynamic process affecting their concentration in various regions of the body.
The scientific identification and quantitation of drugs
and poisons in biological fluids, and the interpretation
of those results for medicolegal or administrative purposes, has wide application in society. It is one of the
fastest growing of all forensic sciences and rests upon
well-established chemical, pharmacological, and instrumental laboratory practices.
Europeans were leaders in the development of techniques to detect arsenic and other poisons in the 1800s,
with the Spaniard Matthew Orfila often referred to as
the “father of toxicology” as the result of his groundbreaking publications (Traite des Poisons …) and his
work in celebrated poisoning cases (Thorwald, 1965).
In America, Cornell University Professor Rudolph Witthaus’s publications and work in many famous poisoning cases were significant. The office of the New York
City Chief Medical Examiner was one of the earliest to
establish its own toxicology laboratory in 1918 under
the direction of Dr. Alexander Gettler, who was also
highly regarded for his teaching and mentorship of professional leaders (Poklis, 1997). Gettler and famed New
York City medical examiner Charles Norris are featured
in the recent PBS documentary The Poisoner’s Handbook
that was supported by the Forensic Sciences Foundation,
Inc. (PBS American Experience, n.d.). Much of the early
research was devoted to the detection and measurement
of alcohol in blood, breath, and urine, and to determine
the equivalency between blood and breath concentrations (Jones, 1996). Work in the mid-1900s by Rolla
Harger and Robert Borkenstein focused on the invention of portable devices for law enforcement to measure
alcohol breath concentrations of drivers. Much of this
work continues to the present (Department for Transport, 2010).
The use of analytical chemistry, gas chromatography,
mass spectrometry, and other instrumental techniques
for the detection of drugs and poisons found in body
fluids and tissue samples at autopsy have increased in
sophistication and sensitivity over the years. The introduction of affordable table-top GC-MS units, immunoassay automation, and other instrumentation are significant as well. The interpretation of test results has
contributed greatly to understanding the role of alcohol, prescription drugs and controlled substances in the
Forensic science practice in the United States
investigation of deaths. Forensic toxicological testing of
drugs in the workplace and in the doping of human athletes and animals has grown as well. The reliability of
such testing is paramount, as is maintenance of proper
records and chain of custody of specimens. Toxicology
is one of the original sections of the American Academy
of Forensic Sciences (AAFS) and now has 534 members,
including 121 fellows (AAFS, n.d. b).
28.9.5 Forensic anthropology
Forensic anthropology is directed to the recovery, examination, and identification of human skeleton remains
to resolve legal questions. Through the analysis of
skeletal materials, trained physical anthropologists are
often able to determine various human characteristics,
including the sex, age, stature, and possible ancestry
of the victim. Often working with death investigation
teams, examination of skeletal remains may also assist
in the identification of the victim and the circumstances
surrounding their death. Anthropologists make observations on skeletal features, either directly or more
commonly through radiographs for identification.
Historically, forensic anthropology is commonly
traced to the demise of Harvard professor Dr. George
Parkman in 1849, whose dismembered and burned
remains were found in the laboratory assay furnace
of a faculty colleague, chemist Dr. John Webster.
Anatomists testified the remains were consistent with
those of a person like Parkman and a dentist identified recovered dentures he had personally made for
Parkman. Webster was convicted and executed. Other
criminal cases occurred over the decades in which
biological anthropologists assisted law enforcement
in the identification of skeletal materials. Research by
Wilton Krogman leading to his publication of “A guide
to the identification of human skeletal material” in the
FBI Law Enforcement Bulletin in 1939 (Sorg, 2005),
T. Dale Stewart’s work at the Smithsonian Institution,
and the assessment of Korean War dead also served
to develop further the field of forensic anthropology
(Newall, 2007).
Health records of soldiers killed in the wars of the 20th
century enabled anthropologists to examine remains,
establish databases, and, when used in conjunction
with fingerprints, dental evidence, and now DNA,
enable identifications to be made (Newall, 2007). The
work by anthropologists in the Army American Graves
Registration Service and the United States Army Central
307
Identification Laboratory assisted in the identification of
war dead from World War II, the Korean War, and the
Vietnam War (Burkhart, 1998).
Beginning in the 1980s, physical anthropologists
worked in many areas around the world in mass
genocide and human rights violation cases to identify
the dead. Work continues in four broad categories of
forensic anthropology: biological, forensic archaeological, trauma analysis, and taphonomy (Steadman, 2013).
The development of the AAFS Physical Anthropology
Section in 1972 was a significant step and presently
has a total membership of 547 members, 109 of whom
are fellows and 245 are student affiliates (reflecting the
section’s strong academic and teaching orientation). A
survey published on the AAFS section website (Agostini
and Gomez, n.d.) shows most members hold a PhD
and are affiliated with an academic institution. The
American Board of Forensic Anthropology (ABFA) lists
99 Diplomates on record as of 2013, including 69 current
and 12 retired Diplomates. Nearly half of the current
Diplomates have academic affiliations, the remainder
are associated with state/local medical examiner offices
or forensic science laboratories, military and federal
forensic science laboratories, and the private sector.
28.9.6 Forensic odontology
Forensic odontologists help identify deceased persons by
examining and comparing the teeth of unknown human
remains with premortem dental records. Teeth often
survive catastrophic events that make the person unrecognizable, and a detailed examination and X-rays of the
remains can be compared with premortem photographs,
dental X-rays, and casts that enable a trained forensic
dentist to make a positive identification. Forensic odontologists may also examine and interpret dental injuries,
neglect, and instances of dental malpractice. Forensic
odontologists may also engage in bite mark analysis in
criminal investigations of assault, rape, and homicide.
Forensic odontologists are primarily general dental practitioners and many maintain affiliations with medical
examiner and coroner’s offices, military units, as well
as federal, state, and local criminal justice agencies.
Teeth have been used for centuries to identify human
remains. The celebrated Parkman affair cited earlier is
typically referenced as one of the earliest American cases
in which a denture was used to identify badly burned
remains, and the first case involving a bitemark leading to a conviction dates back to the 1950s (Pretty
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et al., 2013). Over the years, odontologists have been regularly involved in the identification of victims of various
types of mass disasters, ranging from natural disasters,
airline crashes, human rights cases, and acts of terrorism.
Bitemark cases represent one of the most unusual cases
addressed by forensic odontologists, but have become
the most controversial due to mistaken identifications,
often determined through DNA testing. The assumption
is that unique characteristics of the human dentition are
transferred by a biter to a victim’s skin (or other materials) and that resulting marks and impressions can be
properly interpreted and linked to the biter (Bernstein,
1997). Distortion of the skin and lack of detailed tooth
markings, however, render many bitemarks unsuitable
for comparison.
The Odontology Section of the American Academy of
Forensic Sciences was formed in 1969 and the American
Society of Forensic Odontology was founded in 1970,
as well as other associations worldwide. The American Academy’s Odontology Section, meeting annually
with the American Society of Forensic Odontology,
has been a strong organizational and professional focus
for forensic odontologists. The AAFS section grew to
432 members by March,11, 2013, 157 of whom were
fellows.
28.9.7 Psychiatry and behavioral science
Forensic psychiatrists and psychologists have historically
addressed a range of issues regarding criminal responsibility that arise in criminal and civil law contexts. They
address issues such as the mental state of defendants at
the time the crime was committed and the competency
of defendants to stand trial, to assist with their defense,
and to offer predictions of future dangerousness. They
address mental health problems within institutions and
deliver treatment to those who are incarcerated or
under community supervision. They address many civil
questions ranging from mandating medical treatment,
involuntary commitments, and a host of family and
domestic problems; here, forensic psychiatrists and psychologists advise lawyers and judges and often give
expert testimony.
Forensic psychology has emerged more prominently
in recent years regarding the functioning of the criminal justice system. This might include addressing the
accuracy and reliability of police lineups or conditions
under which suspects may give false confessions. They
may also assist lawyers in selecting members of juries,
in studies of juror behavior, in understanding jury
instructions, and in determining the reliability of eyewitnesses. Both psychiatrists and psychologists also assist in
determining the fitness of applicants to serve as police
officers and to treat and/or counsel criminal justice
practitioners.
Billick and Martell (2013) observe that the history
of psychiatry in America dates to the founding of the
first American hospital by Dr. Benjamin Rush, who
also wrote the first psychiatry textbook in 1812, Isaac
Ray’s monumental treatise on insanity in 1838, and
the founding of the American Psychiatric Association
in 1844. Significant is a long jurisprudential history to
punish only the morally blameworthy, as well as efforts
in modern times to define insanity, beginning with the
English M’Naghten rule of 1843. Efforts continued with
formulation of the “irresistible impulse” doctrine, Judge
David Bazelon’s “product test” ruling in 1954 in Durham
v. United States (Curran, 1980), the American Law Institute’s Model Penal Code two-pronged definition of
criminal responsibility in the 1950s, restrictions to the
insanity defense and shifting of the burden of proof to
the defense brought on by John Hinckley Jr.’s attempted
assassination of President Ronald Reagan in 1981
(Sadoff, 2005), and the Federal Insanity Defense Reform
Act.
Clinical psychology in the United States dates to the
late 1800s and was stimulated by the demand for psychological treatment of war veterans during and after
World War II. In the modern period, forensic psychology was stimulated by the founding of the American
Psychology–Law Society in 1969, the creation of the Psychology and Law Division of the American Psychological
Association in 1981, and recognition of forensic psychology as a specialty by the Commission for the Recognition of Specialties in Professional Psychology (CRSPP)
in 2001. The Psychiatry and Behavioral Science Section of the AAFS was founded in 1948, and was originally composed of forensic psychiatrists, but forensic
psychologists were admitted beginning in 1982. The section presently has 160 members, including 29 fellows.
Members of the section have maintained active affiliations with the American Academy of Psychiatry and
the Law and established the American Board of Forensic Psychiatry in 1976. The American Board of Forensic
Psychiatry was discontinued in 1997 when forensic psychiatry was recognized as a specialty by the American
Board of Psychiatry and Neurology.
Forensic science practice in the United States
28.9.8 Engineering sciences
The legal responsibility of builders to ensure their structures are safe and well constructed date to Hammurabi’s
Code from about 1800 B.C. (Noon, 2005). Forensic engineers are commonly engaged in failure analysis, accident reconstruction, determining the cause and origin
of fires and explosions, and the evaluation of structures or manufactured products using civil, biomedical, mechanical, electrical, and other engineering
principles. Historically, many of the first cases involved
bridge and building failure, accident reconstruction
involving motor vehicles and airplanes, product liability cases, and the failure of medical devices (Liptai et
al., 2013). Fire protection engineering and the investigation of suspicious or incendiary fires also make use of
engineers with forensic training. Engineers are involved
primarily in civil litigation, but may also lend their
expertise to criminal investigations and prosecutions.
Many forensic engineers are employed by large companies or are self-employed and engage in forensic work on
a part-time and/or on a consultant basis. In addition to
engineering training, they must have knowledge of the
legal system, rules of testimony, and legal safeguards for
handling evidence.
A recent comprehensive forensic science text that covers various forensic specialties breaks forensic engineering into the three areas: structural failures, fire and
explosion investigation, and vehicular accident reconstruction (James and Nordby, 2005). Forensic engineers
typically have been trained at university in engineering
or applied sciences and have obtained graduate degrees.
Engineering innovations have been successful in classifying, storing, transmitting, and searching large files
of drugs and poisons, fingerprints, bullets and cartridge
cases, DNA profiles, and other forensic evidence. Engineering breakthroughs have also made headway in classifying and recognizing handwriting, voices, and facial
features. The Engineering Sciences section of the AAFS
was founded in 1981 and as of March 11, 2013 had 159
members, 32 of whom were fellows.
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crimes against intellectual property, child pornography,
and many other examples of Internet crime. New state
and federal statutes have been enacted to protect these
forms of digital information but violations occur at a
rapid pace. Digital and multimedia analysis is an emerging sector of the forensic sciences field dedicated to the
examination of computers and other digital devices,
the recovery of electronic evidence of crimes, and the
analysis of digital video and audio recordings (Baker et
al., 2013). Digital examiners examine software, operating systems, hard drives, and other devices to locate
deleted, encrypted, or other information from damaged
computers.
Since 2002, the FBI has operated a regional computer
forensics laboratory system and now has laboratories
located in 16 cities throughout the country (Regional
Computer Forensic Laboratory (RCFL), n.d.). Each of
these sites has about 12 staff examiners (most of whom
are officers/technical personnel assigned from local law
enforcement agencies) and three administrative staff.
The United States Secret Service also operates a network of electronic crimes task forces (ECTF) to combat
cyber crime and to protect the integrity of the nation’s
“financial and critical infrastructures” (United States
Secret Service, 2012). Crimes that pose “significant economic or community impact, involvement of organized
crime elements, and schemes involving new technology” would qualify. Law enforcement has joined with
private industry, private experts, and academia in these
task forces. Also, the NCIS maintains a Cyber Crime
Unit that uses advanced technologies to examine electronic data of intelligence or evidentiary value (Naval
Criminal Investigative Service (NCIS), n.d.). NCIS works
with domestic and international law enforcement to
address criminal incidents and mitigate threats by using
forensic technologies. The AAFS Digital and Multimedia Science Section was formed in 2008 and as of
March 11, 2013 had 110 members, 13 of whom were
fellows.
28.10 Forensic caseloads
28.9.9 Digital and multimedia science
Society has witnessed the rapid growth of new technology, digital devices, and digital evidence in criminal and
civil cases in recent decades. With the growth in and
transmission of digital information and storage devices,
there have been growing instances of computer hacking,
28.10.1 Overview
The US Department of Justice, Bureau of Justice
Statistics has sponsored two major data collections
that provide periodic information on forensic caseload
in the United States: The Census of Publicly Funded
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Forensic Crime Laboratories and the Census of Medical Examiner and Coroner Offices. A third annual
survey, the National Forensic Laboratory Information
System (NFLIS), is sponsored by the Drug Enforcement
Administration and is limited to drug chemistry analysis
caseloads in the nation’s crime laboratories. These three
data collections are presently the most systematic and
comprehensive sources of information about forensic
caseload in the United States. Crime laboratory data are
summarized below, and data for the medical examiner
and coroner offices are summarized in the “Forensic
Pathology/Biology” section. Three BJS crime laboratory
censuses have been conducted and published thus
far, beginning with the 2002 survey (Peterson and
Hickman, 2005) and the most recent data published in
2012 (Durose, 2012). Census results offer some insight
into the growth of forensic sciences and the demand
for their services. There were 411 crime laboratories
identified in 2009, up from 351 laboratories in 2002, or
about a 17% increase. These laboratories employed an
estimated 13,100 full-time personnel and had combined
budgets of about $1.6 billion. More than 50% of these
labs were affiliated with state government agencies. The
FBI laboratory, with more than 500 employees, is the
largest in the nation.
The 411 crime laboratories received about 4.1 million
requests for services in 2009 with the great majority of
requests being in the areas of DNA analysis (34%), controlled substances (33%), and toxicology (15%). These
4.1 million requests represent more than a 50% increase
in submissions since 2002. About 75% of the 1.3 million DNA requests made were convicted offender and
arrestee samples for entry into CODIS. One can see the
importance of DNA testing in today’s modern crime laboratories, with most requests being submitted to state
and federal crime labs. Laboratories began and ended the
year with more than one million requests backlogged,
three-quarters of which were forensic biology requests
and 12% were controlled substance requests. As with
total DNA requests, most (55%) of the backlogged DNA
requests were of convicted offender and arrestee samples. More than half of the backlogged forensic biology requests were reported at the FBI laboratory. Still,
between 2008 and 2009, the backlog for actual DNA
casework requests increased at a faster rate than for
offender and arrestee sample testing.
The NFLIS program collects data from a sample of
public laboratories that perform drug chemistry analysis,
and generates national estimates regarding the types of
drugs being submitted to laboratories. The primary goal
of the data collection is to assist the DEA in monitoring illicit drug abuse and trafficking, including the diversion of legally manufactured pharmaceuticals into illegal
markets, as well as to support drug scheduling and policy
making. NFLIS presently reports 288 participating labs
and the most recent data reported are for calendar year
2012 (Drug Enforcement Administration, 2013). NFLIS
captures both “drug reports” (i.e., for each drug item
analyzed, up to three drugs can be reported to NFLIS)
and “drug cases analyzed” (i.e., case-level data, with all
drugs identified within a drug-related incident). During 2012, an estimated 1.2 million drug-specific cases
were analyzed by State and local forensic laboratories
and about 1.6 million drug reports were identified (Drug
Enforcement Administration, 2013). The most common
drug was cannabis/THC, followed by cocaine, methamphetamine, heroin, and oxycodone.
28.10.2 Questioned documents
There is not detailed information on questioned
documents cases being reviewed annually, as many
document examiners are in private practice. Only about
16% of crime laboratories in the 2009 Census of Crime
Laboratories examined questioned documents. There
were about 13,000 requests for examinations of questioned documents in 2009 and 12,000 were completed.
Estimates also indicated that the percent change in
backlog had increased by more than a third between
year end 2008 and year end 2009. A disproportionately
large portion of these requests were directed to federal
laboratories.
28.10.3 Forensic pathology/biology
There are many forces at play in the area of medicolegal death investigations and this section will give the
reader an idea of operations data available in this field,
organizations active in professionalizing these services,
and the status of efforts to replace coroner offices with
medical examination systems. One of the key recommendations of the NRC panel was discontinuance of
coroner operations in favor of systems headed by
medical examiners. Hanzlick (2007) has observed that
although there was movement in this direction between
1960 and 1989, since then it has slowed, almost to a
standstill. We begin with a summary of a Bureau of Justice Statistics census of death investigation systems in
Forensic science practice in the United States
2004, followed by a brief discussion of activities of a new
scientific working group on medicolegal death investigations and the results of a recent survey of NAME accredited programs.
There were approximately 2000 medical examiner
and coroner (ME/C) offices in the United States in
2004, as documented through the 2007 Bureau of Justice Statistics census (Hickman et al., 2007). The offices
employed more than 7300 FTE employees and had
annual budgets totaling about $718.5 million. Most
(80%) of the offices enumerated in 2004 were county
coroners’ offices and primarily served jurisdictions of
fewer than 25,000 persons. Almost one million cases
were referred to these offices in 2004, representing
about 40% of all 2,398,000 deaths occurring in the
United States in that year. ME/C offices accepted about
half of the referred cases for further investigation. ME/C
offices also reported that they handled about 4400
unidentified persons, 1000 of whom remained unidentified after one year. Most of the unidentified cases were
in larger jurisdictions.
The BJS report included additional detailed information from respondents. As noted above, only a minority of these offices served large (500,000 or more
persons) jurisdictions, but still employed over half of
the ME/C FTE personnel. Forensic pathologists, medical
examiners, and coroners made up only 20% of all FTE
employees in these offices. Toxicologists, technicians,
and other analysts made up 13% of the personnel. Many
of these personnel serving large jurisdictions were ancillary (death scene investigators, autopsy technicians, and
photographers). Forensic specialists like odontologists
and anthropologists made up less than 1% of FTE personnel (discussed in more detail later). Complete autopsies and toxicological examinations were conducted in
about half of the cases that offices accepted for further
investigation, with larger offices conducting complete
autopsies in a higher percentage of cases than smaller
jurisdictions.
The Scientific Working Group on Medicolegal Death
Investigations (SWGMDI), supported by the National
Institute of Justice through an interagency agreement
with the FBI, was created in 2011 and has several working committees that have issued a number of recent
reports on certification, accreditation, death scene investigation, legal issues, system infrastructure (workload)
conditions and needs, research, and organ and tissue procurement. The Group has issued a number of
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reports on increasing the supply of forensic pathologists, death investigation centers, and autopsy facility needs throughout the United States (SWGMDI,
2013). Available workload data from the SWGMDI
indicate an annual postmortem examination caseload
(autopsies and external examinations) of nearly 225,000
examinations across 272 reporting facilities (SWGMDI,
2011).
At about the same time as the creation of the SWGMDI, other researchers surveyed about 60 medical
examiner and coroner offices that were accredited by
the National Association of Medical Examiners (NAME)
and that served about one-quarter of the United States
population (Weinberg et al., 2013). A key finding was
that even these accredited offices varied tremendously
in size and that “financial or pathologist efficiency” did
not correlate with the size of the jurisdiction, budget
per capita, or autopsies per pathologist. This article
also commented on another theme addressed in this
chapter regarding inquiries by journalists and that such
investigators had explored large death investigation
systems and the effects of the size, budgets, autopsy
rates, and their accreditation status (Schmidt, Shaw,
and LaFleur, 2011).
The Armed Forces Medical Examiner System
(AFMES) provides “comprehensive and innovative
medical legal services worldwide” (Armed Forces Medical Examiner System, 2013) and is composed of the
Office of the Armed Forces Medical Examiner, the
Armed Forces DNA Identification Laboratory (AFDIL),
the Division of Forensic Toxicology, and the Medical
Mortality Surveillance Division. This is a large and
far-reaching service that operates out of Dover Air
Force Base, DE, and works with the investigative units
of branches of the military and supports various other
federal agencies. It employs forensic pathologists, forensic anthropologists, medicolegal death investigators,
DNA examiners, and other technical personnel in the
investigation and recovery of evidence and the positive
identification of individuals. The AFDIL, in particular,
engages in worldwide DNA analysis, research, analytical
services and DNA reference specimen collection and
storage for US military personnel. The Forensic Toxicology Division performs routine toxicological exams
in military air, ground, and sea accidents, medicolegal
autopsies, DUI and DWI investigations, blood and urine
tests for fitness of duty inquiries, and other cases of
national interest.
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28.10.4 Forensic toxicology
The recent Census of Publicly Funded Forensic Crime
Laboratories 2009 report (Durose et al., 2012) provided limited information on toxicological testing performed in public forensic crime laboratories. (Many
private laboratories also provide forensic toxicological
testing for medical examiner/coroner offices and crime
laboratories but their caseload data are not included.)
Forty-two percent of respondents reported performing
toxicological testing: 95% of these performed antemortem blood alcohol (BAC) testing; 60% performed
testing of antemortem drugs; and 40% performed
postmortem testing. Collectively, all crime laboratories
reported receiving over 600,000 requests for toxicological services, with backlog decreasing slightly for 2008.
The 2004 Census of Medical Examiners reported that
forensic toxicologists, lab technicians, and analysts (classified as lab support personnel) made up 13% of FTE
in the offices that served communities of 250,000 or
more. ME/C offices serving large jurisdictions (250,000
or more) conducted toxicology analyses in a higher
percentage of cases (57%) than offices serving smaller
(<250,000 population) jurisdictions.
In addition, the Forensic Toxicology Council lists
statistics (generated by surveys of the Society of Forensic Toxicologists) on the American Board of Forensic
Toxicology website (Forensic Toxicology Council, 2010)
indicating that 35% of toxicology laboratories perform
postmortem toxicology, that about 6.5 million samples
are tested annually under federal regulation, and 50 million nonregulated workload samples are tested. Twentyfour percent of laboratories report that they are accredited by the American Board of Forensic Toxicology and
30% by the College of American Pathologists.
28.10.5 Forensic anthropology and
odontology
To a large extent, the workload of forensic anthropologists and odontologists is tied to cases handled in
medical examiner and coroner offices because their
work (in a forensic context) is primarily focused on
the identification of human remains. The BJS census
of ME/C offices demonstrated that these specialists
are but a small fraction of total full-time employment
in ME/C offices and generally limited only to the
largest jurisdictions (although they may also provide
regional services beyond their “home” jurisdiction).
Their services are more often provided on a contractual
or consulting basis. Many states, including California,
maintain a missing unidentified persons database that
relies on dental, fingerprint, and DNA records (State
of California, 2013). Dental information is also a key
component of rapid and effective victim identification in
mass disasters. The Scientific Working Group on Disaster
Victim Identification (SWGDVI), sponsored by the FBI
and working with domestic and international agencies,
is working to set best practices for teams worldwide
working in multiple fatality incidents (SWGDVI, 2013).
Additional dental charting work is sponsored by the
Joint POW/MIA Accounting Council (JPAC) as is the
work of the Disaster Mortuary Operational Response
Team (DMORT) to aid in assembling and comparing
pre- and postmortem information records to aid in
disaster victim identification (Pretty et al., 2013). The
identification of missing and unidentified persons by the
NCIC is yet another area where dental evidence is vital.
28.10.6 Psychiatry and behavioral science
There are little national data available on the caseload
of forensic psychiatrists and psychologists, or of other
behavioral scientists who may work or provide services
in a forensic context. With the exception of forensic
psychiatrists and psychologists employed by state prison
systems and/or hospitals, persons providing these services are generally self-employed or work on a consulting basis. Available data from the Bureau of Justice Statistics indicate that a substantial proportion of
the incarcerated population has mental health problems. Within State prisons, 73% of female and 55%
of male inmates in 2004 had mental health problems
based upon DSM-IV criteria; in Federal facilities the proportions were lower, 61% of female and 44% of male
inmates; and in local jails the proportions were 75%
of female and 63% of male inmates (Glaze and James,
2006). At mid year 2000, 1394 of the Nation’s 1558
State public and private adult correctional facilities provided mental health services to their inmates, with one
in every 8 State prisoners receiving some mental health
therapy or counseling services and about 10% receiving psychotropic medications, while 155 State facilities
reported specializing in psychiatric confinement during
that year (Beck and Maruschak, 2001).
Forensic science practice in the United States
28.10.7 Engineering sciences
In general, public forensic laboratories do not employ
forensic engineers as part of their full-time staff. This
is essentially a function of low demand relative to cost
for such services, but it is also due in part to the fact
that their work is primarily in the arena of civil litigation as opposed to criminal matters. Forensic engineers
tend to work for private engineering firms or are selfemployed, and are generally hired on a consulting basis
to provide forensic services in specific cases. Because
these services are mostly in the private realm, there are
no national data available on forensic workload related
to the engineering sciences. A possible exception is with
regard to vehicle accident investigations, which may fall
under the domain of State and/or local police agencies
(and possibly within their laboratory systems), or at the
federal level to include aviation, railroad, marine, and
other federal transportation and infrastructure accidents
investigated by the National Transportation Safety Board
(NTSB) with engineering support from their Office of
Research and Engineering. However, when an accident
involves suspected criminal activity or an NTSB investigation reveals a potential crime, the FBI becomes the
lead investigating agency with NTSB operating in a supporting capacity.
28.10.8 Digital and multimedia science
The 2009 BJS crime laboratory census found that 19%
of crime laboratories engage in digital evidence examinations, with higher percentages among municipal and
federal laboratories. Laboratories estimated they completed 31,000 requests for examinations, which was
about 1% of their total examinations. At the end of
2009, they had about 1300 requests backlogged, which
was equal to the number they had backlogged at the
end of 2008. The FBI Regional Computer Forensics Laboratory (RCFL, discussed earlier) reported receiving a
total of 5060 requests for assistance in 2012, which
included 8566 digital forensics examinations conducted
(Federal Bureau of Investigation, 2013). In addition,
law enforcement officers made almost 9000 requests
to examine cellular telephones in support of criminal
investigations. The FBI Computer Analysis Response
Team (CART), which operates within the regional laboratory system but also has six mobile laboratories, conducted more than 13,300 digital forensic examinations
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during the fiscal year 2012 (Federal Bureau of Investigation n.d.).
28.11 Structure of major initiatives
Major initiatives in the field have originated from several
key areas; details in all the following areas are discussed
elsewhere in this chapter:
1. Most programs have originated from the profession itself. While external pressures from the legal
system and the scientific community at large are
important, most of the major professional initiatives (certification, accreditation, proficiency testing/quality control, scientific working groups, etc.)
have originated from one or more of the forensic disciplines or professional organizations.
2. The legal system, through the US Supreme Court or
other case law decisions, has served to regulate the
collection of physical evidence from criminal suspects
and crime scenes, and the admissibility of expert testimony into courts of law.
3. The National Institute of Justice, the National Institute of Standards and Technology, and the Federal Bureau of Investigation have been the primary sources of research funding, efforts to expand
DNA testing, reduce laboratory backlogs, and set and
enforce standards. The National Science Foundation
is becoming involved in funding more basic science
research to aid the forensic sciences.
4. Committees of the US Congress have addressed scientific practices, appropriated funds to expand services
like DNA testing, and more recently directed national
scientific organizations (like the National Academies)
to address key scientific questions and, conceivably,
to “overhaul” the field of forensic science.
5. The Executive Office of the President’s Science and
Technology Council, Committee on Science, and
Subcommittee on Forensic Science has labored to
develop a federal response to the 2009 National
Research Council’s Strengthening Forensic Science
report.
6. The United States Congress, the National Institute
of Science and Technology (NIST), and the Office
of Justice Programs (OJP) have all offered plans to
develop a National Commission (or Institute) on Forensic Science that would develop standards, improve the
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understanding of science by the legal system, forge a
uniform code of professional responsibility, and take
steps to identify future needs of the field.
28.12 Integration of forensic sciences
The utilization of forensic evidence requires the coordination of various law enforcement, scientific, and
judicial agencies. Unfortunately, seamless integration
among these agencies and actors is often not the
case. Laboratory case management policies, effective
communication, case tracking systems, and training
and education are areas in need of improvement to
support better integration of forensic sciences. One
trend to facilitate this integration is having medical
examiner/coroner offices and crime laboratories housed
in the same forensic facility.
Laboratory submission guidelines establish clear rules
outlining what evidence will be accepted for analysis. Research has found clear support for significant
reductions in laboratory case workload and turnaround
time after the implementation of laboratory acceptance
policies (Strom et al., 2011). It is important that all
stakeholders (submitting agencies, prosecutors, and
defense attorneys) be involved in the development
and routine review of these guidelines, as the same
study found that most law enforcement officers were
only marginally aware of submission policies in their
jurisdictions. Frequent and routine communication
among submitting law enforcement agencies, laboratories, and prosecutors is essential for effective use of
evidence. Prosecutor communication with laboratories
in particular has been documented as a significant
problem in many US jurisdictions (Strom and Hickman,
2010; Strom et al., 2011). Strom et al. (2011) found that
prosecutors rarely contacted laboratories to provide
updates on case statuses and, in most instances, did not
have a standard practice of informing laboratories of
cases resolved due to a guilty plea or dismissal. Study
participants estimated that 50–75% of the drug case
backlog represented cases that had already been pled out
or dismissed. Cross-agency information sharing systems
should include laboratory staff, prosecutors, defense
attorneys, and submitting police agency personnel. Such
systems should use barcodes and other unique identifiers in order to track critical information as it moves
from one stage of case processing to the next. More
short-term approaches towards case reporting include
web-based Laboratory Information Management Systems (LIMSs) which provide a secure means for online
communication as well as timely updates on laboratory
case results (including the ability to print laboratory
reports remotely and access to electronic laboratory
result litigation packets), and the promotion and use of
court-based systems that provide updates on cases.
Training and education to provide a better understanding of the responsibilities, roles, and policies of
each stakeholder is a critical need. This should include
training for prosecutors, law enforcement officers, and
laboratory staff on the judicial system processing including how they charge suspects and conduct plea negotiations. In addition, prosecutors and defense attorneys
must educate law enforcement officers about the importance of submitting evidence in a timely fashion to
laboratories. Laboratory staff must routinely train law
enforcement officers about how the laboratory functions, the appropriate submission process, and the reasons and importance behind particular submission policies. For their parts, laboratory staff should be educated
about the issues and needs of the law enforcement officers and for the prosecution. Lastly, prosecutors and law
enforcement alike should have a minimal understanding of the capabilities and limitations of forensic science
disciplines.
Sexual assault kit (SAK) testing and backlog is another
example of labs not coordinating with law enforcement
agencies and prosecutors. There is a growing research
literature in this area trying to understand the scope
of the problem and identify best policies for SAK processing. The benefits of testing are mixed. For example, the NIJ-sponsored New Orleans SAK project, which
emerged out of a DOJ civil rights division investigation
into the New Orleans Police Department, documented
more than 800 untested “old” SAKs and nearly 200
current SAKs that were in need of testing; the project
supported testing of all cases, which resulted in 256
DNA profiles being uploaded to CODIS, with 139 CODIS
hits (Nelson, 2013). Twenty-four new arrests and six
convictions resulted. Peterson et al.’s (2011) examination of about 2000 untested SAKs sampled from nearly
11,000 SAKs held in evidence storage by Los Angeles
city and county found comparable upload and hit rates,
but that 20–30% of the hits were for individuals already
in CODIS for that offense. In a smaller sample of 371
backlogged cases, there were no new arrests and two
Forensic science practice in the United States
new convictions. It is very difficult to compare the outcomes of such studies because the age and characteristics
of backlogged cases may be very different, and followup investigations taken by law enforcement agencies
are different as well. Both studies, though, concluded
that for a full understanding of the value of SAK testing it was essential that computerized systems be implemented to track evidence submission decisions, test
results, and investigative actions taken. There is ongoing NIJ-sponsored research in Detroit (which has documented about 8500 untested SAKs) and Houston (which
has documented about 4200 untested SAKs). Additional
research is needed to understand to what extent these
untested kits represent poor coordination between law
enforcement and prosecutors, training/education issues,
unclear policies, or unclear benefits.
28.13 Recruitment
The forensic sciences have primarily recruited its
personnel through government civil service notices,
examinations, and procedures, and through notices in
professional newsletters and publications. Particular
forensic disciplines with a stronger academic basis have
also recruited personnel through colleges and universities. The annual meetings and publications of the
American Academy of Forensic Sciences have been a
long time source of information about job opportunities
and a vehicle for employers to recruit new personnel.
The growth of regional forensic and discipline specific
organizations have increased recruitment efforts at the
grassroots, local levels. Organizations like the AAFS
have also developed young forensic scientist sections,
provide information on their websites about careers
and job opportunities, and encourage attendance at
professional meetings. There are many other forensic
science and criminal justice websites (such as Zeno’s
Forensic Site, n.d., and Reddy’s Forensic Page) that provide information about careers and credentials needed
for entry into the field. Television programs with a
“CSI” theme have also attracted a growing number of
students into forensic science coursework.
Traditionally, students have also learned about potential forensic careers through science-based academic
programs and, with a growth of forensic science undergraduate and graduate degree programs, students are
able to acquire the knowledge and skills needed to enter
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the profession. Forensic academic programs may also
offer internships in working laboratories that provide
agencies with opportunities to evaluate potential new
employees. Many universities also have career centers
and sponsor criminal justice and forensic science career
days at which recruiters provide information. Forensic
Science Educational Conferences (American Academy
of Forensic Sciences, n.d. c) are also being sponsored at
several universities around the country aimed at educating middle school and high school science teachers in
developing forensic science high school curricula.
28.14 Education and training
Bachelor’s level training in chemistry, biology, or a
derivative degree has been the standard academic degree
for students wishing to enter the forensic science profession for many decades. Programs begun at such institutions as University of California, Berkeley, Michigan
State University, John Jay College of Criminal Justice,
and The George Washington University in the 1950s and
1960s started a trend for bachelors, masters, and (limited) doctoral degrees specializing in criminalistics and
the forensic sciences (Peterson and De Forest, 1977).
Academic programs proliferated in the latter part of the
20th century and forensic laboratories were not always
satisfied with graduates. A National Institute of Justice
(NIJ) supported technical working group published a
“status and needs” report in 1999 (National Institute of
Justice, 1999), finding the education and training needs
of the field were great. A technical working group on
education and training in forensic science (TWGED) was
formed and found the need for a system to evaluate and
accredit forensic science academic programs (National
Institute of Justice, 2004). The Forensic Science Programs Accreditation Commission (FSPAC) was formed
and in 2004 began accrediting college and university
programs (Presley, Haas and Quarino, 2009). Currently,
more than 40 undergraduate and graduate programs in
criminalistics/forensic science at 33 colleges and universities have been accredited (Forensic Science Education
Program Accreditation Commission, n.d.).
While a bachelor’s degree in a natural science has been
the traditional educational requirement to practice most
forensic science disciplines, many specialties require
advanced degrees and training, and graduate degrees
increasingly give applicants an edge in competing
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for entry level positions. Educational programs in forensic disciplines outside the crime laboratory field (e.g.,
pathology, psychiatry, and anthropology) usually had
their origins in older, established parent disciplines.
The reader is referred to the AAFS website (aafs.org)
for an enumeration of these added education, experience, and other requirements for membership by section (American Academy of Forensic Sciences, n.d. b).
To practice particular types of specialties within disciplines (e.g., DNA testing) may require the person to
have taken specific coursework. Additional education
may also be required to be certified within a specialty,
and those added requirements are discussed in a later
section under certification.
Added graduate education and training requirements
and opportunities are available in other specialties.
are associated with several forensic anthropology university programs in the United States headed by Diplomates in Forensic Anthropology (American Board of
Forensic Anthropology (ABFA), 2008).
28.14.1 Pathology
28.14.5 Psychiatry and behavioral science
Forensic pathologists first complete medical school and
a residency in anatomic and clinical pathology, followed by an additional year of forensic pathology training, usually at a large coroner or medical examiner’s
office, investigating natural and traumatic death cases
(Wright, 2005). Physicians who complete this training
can sit for the Forensic Pathology Board Certification
Examination.
28.14.2 Forensic toxicology
Students typically complete an undergraduate degree
in chemistry, biochemistry, or pharmaceutical sciences,
complete a research-based Master of Science degree,
and may proceed to a PhD program in toxicology,
with an emphasis in forensic toxicology. Training in
this area is often directed to entry level toxicologists
who earn certificates and/or preparation for the American Board of Forensic Toxicology exams (following
three years of work experience, there are Diplomate
(PhD) and Specialist (MS, BS) exams), or the Forensic Toxicology Certification Board Examination (e.g., see
Center for Forensic Science Research and Education,
2013).
28.14.3 Forensic anthropology
Graduate training is a common requirement to practice forensic anthropology and there are various
educational programs offering graduate degrees (Forensicanthro.com, 2011). Training opportunities in this area
28.14.4 Forensic odontology
The initial forensic odontology training course was
offered at the Armed Forces Institute of Pathology in
1962 and dental societies (like New York’s) have offered
training over the decades. The American Academy of
Forensic Sciences website lists programs offering degrees
and formal courses in forensic odontology approved
by the AAFS Odontology Section (American Academy
of Forensic Sciences n.d. d). Apprentice training under
experienced forensic odontologists is the primary way
new dentists gain their forensic expertise.
Forensic psychiatrists initially must complete medical school and a residency in psychiatry and neurology before they take forensic training. What began
as informal sessions at university fellowship training
programs in the 1960s (Sadoff, 2005) are now more
than 40 fellow training programs in forensic psychiatry accredited by the American Academy of Psychiatry and the Law (American Academy of Psychiatry
and the Law, 2013). Upon completion of the training
program, students are eligible to take the certification
examination. The American Psychology–Law Society
(Division 41 of the American Psychological Association)
(American Psychology–Law Society, n.d. a) lists 26
clinical doctoral programs, 17 nonclinical PhD programs, and 25 universities that offer masters programs. The site also lists a number of pre- and
postdoctoral internship programs and postdoctoral certificate programs offering training in forensic psychology
and provides a guide to forensic and legal psychology
programs (American Psychology–Law Society, n.d. b).
28.14.6 Engineering sciences
Most forensic engineers begin their professions by
obtaining a bachelor’s degree in engineering, pursue
advanced graduate training in a specialty, and become
a registered professional engineer (American Academy
of Forensic Sciences, n.d. e). The ASTM Committee E58
on Forensic Engineering was formed in 2008 and is in
the process of developing standards to promote awareness of scientific, legal and ethical issues supporting
Forensic science practice in the United States
the general practice of forensic engineering investigations, reporting, and testimony (ASTM International,
n.d. a).
28.14.7 Digital and multimedia sciences
Experts in this area have a minimum of a bachelor’s degree in “computer science, information technology, or engineering” (American Academy of Forensic
Science, n.d. f). Computer and digital forensics, and
cyber/information security undergraduate and graduate
majors at traditional and on-line academic programs are
growing in the United States. Graduates of programs
may pursue positions in digital forensics, cyber security, and law enforcement positions as forensic analysts,
information specialists, and forensic/criminal investigators in public and private agencies.
28.14.8 Questioned documents
While most examiners have bachelor’s degrees and some
universities offer coursework, there are no university
programs in forensic document examination. Examiners receive apprentice style training for a two to three
year period under the supervision of a recognized examiner, per the Standard Guide for Training of Document
Examiners (ASTM International, n.d. b).
The education and training of police, prosecutor,
defense, and judicial personnel in forensic science is at a
low level and is a problem. The Federal Judicial Center’s
Scientific Evidence Manual is one of the notable efforts
to provide scientific information for legal personnel
(Federal Judicial Center, 2011). The American Academy
of Forensic Science designated “Forensic Science Education and Mentorship: Our Path Forward” as its theme
for the 2014 annual meeting, which indicates the critical
importance of education in the future of the profession
(American Academy of Forensic Sciences, n.d. g).
28.15 Funding and political
influences
As a field, forensic science has struggled to obtain
needed funding since its inception. Funding and politics are, of course, intertwined and it appears some
forensic laboratories have lacked the political strength
to secure the funds needed to operate top flight scientific operations. The NRC Strengthening Forensic Science
report cited funding as a problem that limits forensic
317
laboratories from attracting top scientists, acquiring
instrumentation, and undertaking needed research.
The SWGMDI Infrastructure Committee survey of
medicolegal autopsy facilities in 2011 documented
the severe resource constraints facing facilities conducting medicolegal death investigations (SWGMDI,
2011). Limited budgets have resulted in criminalistics
operations that can only examine a small fraction of
available evidence present at crime scenes, the creation
of lengthy evidence backlogs and delays in testing,
delaying analyses until cases go to trial, and examining
only that evidence needed by prosecutors.
Police and prosecutors have traditionally exercised
great control over decisions to collect and examine much
forensic evidence. Crime scene investigation units have
not been funded adequately and laboratories have not
had a strong voice in funding decisions. The crime laboratory has not historically been conceived as a decision stage within the criminal justice process, nor have
its personnel been thought of as critical criminal justice decision-makers. However, increasing reliance on
forensic evidence has led to the necessary exercise of
discretion about the types of cases to accept, the specific
evidence to be analyzed, and the prioritization of laboratory workloads. These discretionary decisions, which
may be negotiated decisions made in consultation with
police and/or prosecutors in some jurisdictions, ultimately impact the administration of justice in substantial
ways. In other jurisdictions, written policies are established that clearly define the criteria for case acceptance,
with similar impacts.
At the national level, NIJ has nonetheless sponsored
many training programs for investigators and examiners
across almost all the forensic disciplines in the collection, analysis, interpretation, and standards of practice
in various disciplines. This funding has also been instrumental in reducing evidence testing backlogs, enhancing real time and postconviction DNA testing, and using
DNA to identify missing persons. It has also supported
presentations on utilizing forensic evidence to prosecutors, defense attorneys, and the public at large, using
traditional classroom, video, and web-based formats.
The NIJ has also been involved in programs to assist
and strengthen forensic laboratories, including the Paul
Coverdell Improvement Grants Programs, which have
distributed over $175 million in grants to forensic laboratories and medical examiner offices from 2002 to 2012
(National Institute of Justice, 2013).
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The recent increased federal role in providing direction (and funding) to state and local forensic laboratories also raises some interesting political and policy
questions. Increasingly, federal funding has been contingent upon compliance with certain standards (e.g.,
TWGDAM, NIJ) that has promoted the examination of
DNA and to reduce testing backlogs. Two recent national
initiatives that are discussed in more detail in later sections (the White House response to recommendations
contained in the 2009 NRC Report and the makeup of
various SWG groups) reveal that state and local scientists
and regional forensic organizations believe they should
have a greater voice in the development of national level
forensic policy because the vast majority of forensic testing takes place at the state and local levels. The Consortium of Forensic Science Organizations (CFSO, n.d.) and
the California Association of Criminalists (CAC Update,
2013) have spoken out on this issue. This also indicates
that practitioners are better organized and demanding
a greater role in policy, research, and funding decisions
than ever before.
28.16 Certification
photography and latent print, and ten print examiners
at the AFTE began a certification program in firearms
and toolmark examination in 2001. Some state systems
of crime laboratories (California and Illinois among
them) reimburse examiners for the cost of certification
and recertification fees, but most laboratories do not.
28.16.2 Questioned documents
The American Board of Forensic Document Examiners
formed in 1977 under the sponsorship of the Forensic
Sciences Foundation and is accredited by the Forensic
Science Specialties Accreditation Board. Its purpose is
to maintain and enhance the standards of qualification
for those who practice forensic document examination
and to certify applicants who meet ABFDE standards of
expertise. It is sponsored by various forensic organizations. Certification is based upon the candidate’s personal and professional education, training, experience,
and achievement, as well as on the results of a formal
examination (written, practicum, and orals board) process, and is valid for a period of five years, after which
recertification is required, showing evidence of maintaining currency in the field.
28.16.1 Criminalistics
The profession was reluctant to implement certification
programs when first proposed in the late 1970s, and it
was not until the California Association of Criminalists
began a regional certification initiative that the idea
gained traction. Incorporated in 1989, the American
Board of Criminalists (ABC) leads the voluntary certification effort, sets those professional qualifications
needed to practice in the field, and is accredited by
the Forensic Specialties Accreditation Board (FSAB).
ABC certification is a two-tiered process. Applicants
must first show they possess a bachelor’s degree, have
two years of full-time professional experience in criminalistics, and pass a general knowledge examination.
To achieve Fellow status applicants need to pass a
specialty exam in molecular biology, drug chemistry,
fire debris analysis, and trace evidence – hairs and fibers
or paints and polymers – and successfully participate in
a proficiency testing program (Bashinski and Peterson,
2003). Presently there are more than 900 Diplomates
and Fellows (American Board of Criminalistics, 2013).
Within the area of criminalistics, the International
Association for Identification certifies bloodstain pattern, crime scene, footwear, forensic art, forensic
28.16.3 Forensic pathology/biology
There is a severe shortage of board certified forensic pathologists serving jurisdictions around the United
States. The Scientific Working Group for Medicolegal
Death Investigation (SWGMDI) estimated there were
no more than 663 board certified forensic pathologists
performing autopsies in the United States in 2012 (System Infrastructure Committee of the Scientific Working
Group for Medicolegal Death Investigation, 2013). The
American Board of Forensic Pathology began certifying
forensic pathologists in 1959 and has certified only about
1300 pathologists in that specialty since then. There are
various reasons for this shortage, including the length
and cost of medical schooling, the nature and challenges
of investigating death cases, high caseloads, and salaries
that are typically much lower than average salaries of
hospital pathologists.
The American Board of Medical Legal Death Investigators (ABMDI, 2013) certifies individuals to perform the
tasks outlined in the 1999 NIJ document Death Investigation: A Guide for the Scene Investigator, updated in 2011.
The ABMDI’s intent is to promote the highest level of
professional practice for medicolegal death investigation
Forensic science practice in the United States
by certifying individuals who have the proven knowledge and skills necessary to perform these death investigations. It offers both basic and advanced certification of
individuals who meet these standards, thereby assisting
the courts and the general public in recognizing persons
with this expertise. The ABMDI was the first such certification board recognized by the American Academy
of Forensic Sciences’ Forensic Specialties Accreditation
Board in 2005.
28.16.4 Forensic toxicology
The field of forensic toxicology has made significant
strides in the past 40 years and is supported by many
scientific, research and professional organizations. These
include the following.
The American Board of Forensic Toxicology (ABFT)
was formed in 1976 primarily to advance the standard of practice in the field and to recognize voluntary
applicants who possess the required qualifications and
competence to practice forensic toxicology. ABFT certifies both PhD level Diplomates and Forensic Toxicology Specialists (non-PhD level) individuals. Individuals must take and pass a certifying exam and maintain
proof of continuing education in the field for recertification. ABFT has certified more than 300 Diplomates
who must also maintain high ethical practice and periodically update and renew their qualifications. Beginning in 1996, the Board also accredits forensic toxicology
laboratories and, in this way, identifies facilities having
the requisite qualifications and competence to engage
in this type of scientific testing. Thirty-four laboratories
have been accredited by demonstrating compliance with
professional standards through inspections and achievement on proficiency tests. Some aspects of toxicological
testing (alcohol breath testing) are accredited by ASCLD
ISO 17025.
The Forensic Toxicologist Certification Board (FTCB)
was formed in 1992 to provide recognition to experienced toxicologists. The FTCB requires only a bachelor’s
degree in a science and successful completion of a certifying exam.
The Society of Forensic Toxicologists (SOFT) began
informally in the 1970s, officially incorporated in 1983,
and is open to all individuals engaged in forensic toxicology. SOFT seeks to promote the exchange of information, consensus standards, continuing education and
training, and ongoing research. A joint committee of
SOFT and the AAFS/Toxicology section developed a set
of guidelines in 1991 (which has been updated several
319
times) for the practice of postmortem and human performance forensic toxicology, ultimately leading to the
ABFT accreditation program cited above.
The Forensic Toxicology Council was formed in 2009
and is comprised of representatives from the ABFT,
the AAFS Toxicology Section, and SOFT, for the purpose of providing information and guidance to government and policymakers in this field and to promote its
advancement.
The Scientific Working Group for Forensic Toxicology (SWGTOX, 2013) was established by the Forensic
Toxicology Council in 2009 to develop and disseminate
consensus standards for the field of forensic toxicology.
SWGTOX has the objective of establishing minimum
standards in the following areas: (1) standards, practice and protocols including quality assurance and quality control, (2) educational requirements, (3) accreditation and compliance with standards of practice, and (4)
certification standards. SWGTOX has also developed a
uniform code of ethics for forensic toxicologists, areas
of research and development, and promoting public
awareness of the field.
28.16.5 Forensic anthropology
The American Board of Forensic Anthropology (ABFA)
was formed in 1977 to serve the interests of science
and the public good by recognizing individuals with special expertise in forensic anthropology. Diplomates of
the ABFA have distinguished records of education and
training, experience and achievement in the field, pass
an examination, and adhere to high standards of ethics
and practice. To maintain certification, Diplomates must
maintain a record of accomplishment and engage in
continuing education. The board has certified 99 Diplomates, 70 of whom are active and in good standing.
28.16.6 Forensic odontology
The American Board of Forensic Odontology (ABFO)
was organized in 1976 to establish standards of qualifications for those practicing forensic odontology and
to certify applicants who meet those standards. Applicants must have earned a DDS, DMD or the equivalent dental degree, had required professional education
and case experience (e.g., human identification, dental age estimation, and bitemark cases), other evidence
of forensic dental activity (e.g., continuing education,
court testimony, academic publications), and written
and practicum examinations. Certifications are valid for
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a period of five years and are renewable via the recertification program. The ABFO also has standing committees
to improve the practice, establish standards, and advance
specialty areas including bitemarks and pattern injury,
human abuse and neglect, and mass disasters. The board
has certified 134 Diplomates since the founding of the
organization.
28.16.7 Psychiatry and behavioral science
Apart from certification efforts by the American Board
of Forensic Psychiatry (ABFP) beginning in 1976, there
are various other certification boards in this field. The
American Board of Psychiatry and Neurology – which
is a Member Board of the American Board of Medical
Specialties (ABMS) – offers initial and maintenance of
certification in forensic psychiatry (American Board of
Medical Specialties, n.d.). Certification in forensic psychiatry by the American Board of Psychiatry and Neurology (ABPN) came about after the American Academy
of Psychiatry and the Law was created to provide education in this specialty. Certification in forensic psychiatry was established in 1997 and is only possible after
an approved Accreditation Council of Graduate Medical
Education (ACGME) residency and passing the ABPN
certification examination. Certification is good for ten
years and then recertification may be earned for another
ten year period to insure the applicant has retained currency in the field.
The American Board of Forensic Psychology was
formed in 1978 to offer certification to psychologists
passing a written examination, a practice component,
and an oral examination (American Board of Forensic
Psychology, n.d.).
28.16.8 Engineering sciences
There are various certification programs to which forensic engineers may belong. One of these is the National
Academy of Forensic Engineers. To qualify for membership, a candidate must be a member of the National Society of Professional Engineers (NSPE) and must be a registered Professional Engineer (PE) (National Academy
of Forensic Engineers, n.d.). The candidate must have
appropriate engineering education and experience in
practice, including actual experience in forensic engineering. The Society of Forensic Engineers and Scientists was formed in 1980. The purpose of the Society is to
share forensic, technical, and business information and
to upgrade the standards of the profession. Membership
is limited to qualified professionals who are voted on by
the membership, which consists of about 75 members.
The International Board of Forensic Engineering Sciences (IBFES) is an independent board formed in 2008
that certifies individuals who are “technically competent, forensically experienced, dedicated to ethical work
and professionally correct” with expertise in the forensic
engineering sciences. The IBFES originated with support
of the Engineering Section of the AAFS and is accredited
by the Forensic Specialties Accreditation Board (FSAB).
To be certified, individuals must have a minimum of
a bachelor’s degree in one of the engineering sciences,
have professional forensic experience, and competence
as demonstrated through written and oral examinations.
Members are also bound by the IBFES code of professional practice. Certification is issued for a period of five
years and may be renewed by remaining professionally
and technically active. The Board has certified approximately 25 individuals.
28.16.9 Digital and multimedia science
The International Association of Computer Investigative
Specialists (IACIS, 2013) is dedicated to education in
the field of forensic computer science and is approved
by the FSAB and offers certification, recertification,
and proficiency testing services. Certification involves
proceeding through a “practical exercises” phase, and
then practical and written examinations based upon
core competencies. Recertification is required in the
third year following certification.
28.17 Accreditation/quality control
There are various forensic science accreditation programs, with the original (and largest) program instituted
by the American Society of Crime Laboratory Directors’ Laboratory Accreditation Board (ASCLD/LAB)
in 1981 (American Society of Crime Laboratory
Directors/Laboratory Accreditation Board, n.d.). While
accreditation is also provided by the FQS, a member of the ANSI–ASQ National Accreditation Board
(FQS ANSI–ASQ National Accreditation Board, 2014),
the American Association for Laboratory Accreditation
(A2LA, 2012), as well as programs offered by the American Board of Forensic Toxicology and the National Association of Medical Examiners discussed below, we focus
here on ASCLD/LAB. ASCLD/LAB offers a program
of accreditation in multiple forensic testing disciplines
and breath-alcohol calibration based on ISO/IEC 17025,
Forensic science practice in the United States
as well as its “enhanced” ASCLD/LAB–International
Supplement Requirements (ASCLD/LAB, 2014). The
objective of the accreditation process is to provide an
external, independent review of testing procedures and
to increase the level of confidence of interested parties in the accredited laboratory’s work product. Outside
inspectors review the applicant laboratory’s operations,
management, and physical plant, and ensure analysts
have appropriate education and training for the types
of evidence they examine, and document training and
proficiency testing programs.
A major component of the accreditation is the review
of randomly selected case files, analyses and case
notes, and data, including interviews with examiners,
to ensure that the laboratory conforms to its own written procedures and the ASCLD standards. Accreditation criteria have evolved greatly over the past 30 years
and have decidedly moved in an international direction. ASCLD/LAB has received both IAAC regional
recognition and ILAC international recognition to offer
accreditation under ISO/IEC 17025:2005. The BJS
Crime Laboratory Census indicates that 83% of laboratories in the United States are professionally accredited
(Durose et al., 2012). Three states, New York, Oklahoma
and Texas, require crime laboratories in those jurisdictions to be accredited.
Proficiency testing is another major area of quality
assurance. Begun under grants to the Forensic Sciences
Foundation, Inc., from LEAA in the 1970s, many fee for
service programs (e.g., Collaborative Testing Services, or
CTS) are in existence today. Inferior proficiency testing
results in the 1970s led to many of the quality assurance
programs in today’s field. Like accreditation and certification, proficiency testing is also a largely voluntary program except in three states and where laboratories apply
for accreditation and individuals apply for certification
and the programs require it. The source of most declared
proficiency tests is external to laboratories and participants are anonymous. Blind proficiency testing has also
been proposed but for cost and other reasons it is infrequently carried out. A study in the 1990s concluded that
blind DNA testing was impractical for cost and logistical reasons (Peterson et al., 2003). Random reanalysis is
another option for proficiency testing where completed
case files are randomly selected and the evidence reexamined anew by another party.
Standardized analysis methods are another aspect
to quality control procedures that have been adopted
in some, but not all, areas of criminalistics. The ASTM
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E-30 forensic science committee (ASTM International,
2013) was one of the earliest groups (1970) advocating
the review, evaluation, and standardization of forensic
science methods of analysis (criminalistics, questioned
documents, forensic engineering, fire debris analysis,
drug testing analysis, and collection and preservation of
physical evidence). Pioneering work was accomplished
under DNA testing beginning in 1988 by the FBI and
its technical working group on DNA analysis methods
(TWGDAM, 1991). Given the tremendous discriminating power shown by DNA testing, its likely widespread
adoption by many laboratories, and a national database
that was under development, it became obvious to
forensic scientists that testing guidelines and standards were essential. Compliance with TWGDAM is a
qualification for laboratories wishing to receive DNA
financial assistance and research grants from the federal
government.
The NIST (and its predecessor, the National Bureau
of Standards) has engaged in research over the decades
in developing performance standards and measurement
tools, that now has spun off into over 20 Scientific Working Group (SWG) committees under a program administered by various federal agencies including the FBI,
NIST, and NIJ (National Institute of Justice, 2012). SWG
committees have been formed in questioned documents,
controlled substances, DNA, digital evidence, medicolegal death investigation, and others. The NIST has issued
a notice in the Federal Register (asking for comment) to
replace existing SWGs with a fewer number of “guidance
groups” (Federal Register, 2013b). This has stirred some
concern among state and local laboratories as to whether
these groups operate transparently and with appropriate
representation among practicing forensic scientists and
professional organizations.
28.17.1 Forensic pathology/biology
The National Association of Medical Examiners (NAME,
2013a) is a key professional organization of physician
medical examiners, investigators, and death investigation system administrators. It was founded in 1966
to foster the professional growth of physician death
investigators and to disseminate technical and professional information to improve the investigation of violent, suspicious, and unusual deaths. Originally focused
on physicians, it has grown to include coroners, medical death investigators, and administrators of modern
death investigation systems. NAME maintains contacts
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with many scientific, medical, and forensic entities and
seeks to upgrade the standards of death investigation
systems through education and professional activities.
In furtherance of its mission to recognize excellence in
death investigation systems, NAME operates a voluntary inspection and accreditation program for medicolegal death investigation offices (NAME, 2013a). NAME
has also published “Forensic Autopsy Performance Standards” that “address the professional aspects of individual death investigations” and “the fundamental services
rendered by a professional forensic pathologist” (NAME,
2013b). Accreditation is conferred for a period of five
years and signifies to the public that the office is functioning at a high level of competence. As of the summer
of 2012, NAME had accredited approximately 70 offices
around the United States. NAME also publishes the journal Academic Forensic Pathology. The International Association of Medical Examiners and Coroners (IAMEC) also
accredits medical examiner/coroner operations and has
accredited 20 (primarily coroner) offices through June
2013 (IAMEC, 2013). The development of TWGs and
SWGs by the FBI, beginning with DNA in 1988, the
US Supreme Court Daubert decision, and the 2009 NRC
report recommended the formation of a scientific working group for forensic pathology. At an NIJ sponsored
symposium that was held in June 2010 attended by various organizations (AAFS, NAME, IACME, AAFS, and
other subject matter experts) it was concluded that the
NRC recommendation should be broadened to include a
SWG on medicolegal death investigations. The SWGMDI
(discussed previously) was created in March 2011 “to
advance the scientific basis and quality of medicolegal
death investigation (MDI)” (Scientific Working Group
for Medicolegal Death Investigation (SWGMDI), n.d.).
The group is supported by the NIJ and the FBI and is
made up of members from various organizations that
support medicolegal death investigations and represent
the medical examiner, coroner, medicolegal death investigator, and the forensic community at large. The SWGMDI has issued more than eight standards, guidelines,
and best practices, which have been circulated for public comment, reviewed, and approved by its board and
published on its website.
28.17.2 Forensic anthropology
The Scientific Working Group for Forensic Anthropology (SWGANTH) was formed in 2008 under the
sponsorship of the FBI and the Department of Defense
Central Identification Laboratory to develop bestpractice guidelines and minimum standards (Scientific Working Group on Forensic Anthropology
(SWGANTH), 2013). Guidelines and standards were
developed to address forensic analytical methods,
protocols, and research, as well as to recommend
guidelines for quality assurance and quality control. The
group also works to bring organizations and individuals
together to exchange information, promote cooperation
with domestic and international organizations, and
disseminate research.
The Joint POW/MIA Accounting Command (JPAC)
Central Identification Laboratory (CIL) was accredited
by the ASCLD Laboratory Accreditation Board’s International Standards Programs. The CIL employs more than
400 joint military and civilian personnel dedicated to
the recovery and identification of US personnel missing
from past military conflicts.
28.17.3 Digital and multimedia science
The Scientific Working Group on Digital Evidence
(SWGDE, 2013) has various objectives dedicated to
foster cooperation, high quality, and consistency in
forensic digital examinations. It strives to establish core
competencies, best practices, and forensic methodologies. It has drafted a best practices in computer
forensics document for “collecting, acquiring, analyzing
and documenting the data found in computer forensic
examination”. It has also drafted a document describing
a process for recognizing errors and limitations of tools
used in investigations. Lastly, it has published a paper for
the use of “electric network frequency” (ENF) to determine the authenticity of audio recording. It lists links to
almost 30 agencies involved in digital forensics. It has
published various documents that address best practices in digital evidence analysis, mobile phones, GPS
examinations, and other electronic devices. In addition,
the American Society of Crime Laboratory Directors –
Laboratory Accreditation Board offers accreditation in
the area of digital multimedia evidence (ASCLD/LAB,
n.d.).
Beginning in 1997 at a meeting on imaging technology sponsored by the FBI, the Scientific Working Group
on Information Technology (SWGIT) was formed. There
are a range of issues that have been addressed by SWGIT,
beginning with digital cameras and extending to imaging technology guidance to other forensic groups. It has
published more than 20 documents addressing various
imaging technology issues, including television security
Forensic science practice in the United States
systems, forensic video analysis, photographing various
types of evidence, court technology issues, and crime
scene videography. ASTM Committee E30.12 addresses
standard practice, image processing, and standard
terminology.
28.18 Disaster preparedness
The investigation of disasters involving mass fatalities in the United States falls under the jurisdiction
of the medical examiner/coroner, but they often lack
the resources to respond with the necessary medical, investigative, and ancillary services. Under the US
Department of Health and Human Services, the National
Disaster Medical System (NDMS) (2013) assists state
and local agencies in providing medical services and,
in the case of mass fatalities, victim identification and
mortuary services through its Disaster Mortuary Operational Response Team (DMORT). The DMORT provides
temporary morgue facilities and various private forensic experts to aid in the identification and disposition of
deceased victims. The Armed Forces Medical Examiner
System (AFMES) mentioned earlier may also be called
into such disasters, as well as the National Transportation Safety Board (NTSB), which plays a major role in all
transportation mass fatality incidents. Since the attack
on the World Trade Center on 9/11/2001, there have
been additional grants available to states and localities
to prepare for disasters.
The Combatting Terrorism Technical Support Office
(CTTSO, 2013) of the US Department of Defense has
the objective of sponsoring research that will develop
capabilities to aid the Department of Defense and US
military in combating terrorism. Through its Technical
Support Working Group, research is supported for the
investigative and forensic sciences in the areas of crime
scene responses, individual identification techniques,
and the analysis of electronic evidence.
Along with death investigation operations, criminalistics laboratories may become involved in the identification of persons, explosives, and other hazardous
materials associated with mass disaster events. The 2009
NRC Strengthening Forensic Science report included an
important chapter on the contribution of the forensic
sciences to the creation of “effective and timely intelligence and investigative information on terrorists and
terrorist groups” (NRC, 2009, pp. 279–286). The identification of bodies and body parts in the aftermath of
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the 2001 attack on the World Trade Center focused on
the use of DNA technologies – housed within the NYC
Office of the Medical Examiner. The FBI crime laboratory was very involved in the identification of strains of
anthrax in the same year by persons engaged in terrorist
actions against various elected officials and members of
the news media. Although conducted after the fact, the
investigation of the bombings of the Federal Center in
Oklahoma City and Pan Am Flight 103 are examples of
investigations into terrorist acts that led to the identification and prosecution of perpetrators.
Refined criminalistics techniques have been employed
by federal agencies and the military to reconstruct acts
and identify offenders. The NIST is also involved in
the development of counterterrorism, response technologies, and communications research. The Scientific
Working Group on Disaster and Victim Identification
(SWGDVI, 2013) also plays a major role in investigating mass fatality incidents by developing and promoting consensus guidelines and best practices through
emphasizing quality assurance and the evaluation of
research and innovative technologies. The group works
with search and recovery, and many different forensic
disciplines including DNA, forensic pathology, odontology, and anthropology, ethics and data management,
and other specialties.
28.19 Legal issues
Historically, the forensic sciences received special recognition in the 1960s in such decisions as Miranda,
Escobedo, and others in which the court encouraged the
police and legal fact-finders to place less dependence on
abusive interrogation practices and place greater reliance
on “extrinsic” (physical) evidence and scientific means
of fact-finding. The Brady v. Maryland decision of 1968
was also significant in that it required the prosecution
to share exclusionary evidence with the defense. Perhaps the most significant legal case did not come until
the Supreme Court updated the venerable 1923 Frye
decision in 1993 and emphasized that forensic expert
testimony should be based on scientific principles and
processes. Daubert v. Merrell Dow Pharmaceuticals is a US
Supreme Court decision of great importance that has
affected all the forensic sciences. The Supreme Court justices challenged judges to think more like scientists, to
assume a role of “gatekeeper” in making admissibility
decisions, and determine whether the experts seeking to
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present evidence to the courts used scientific reasoning
in reaching their findings.
Four observations were articulated by the justices: (1)
if the theory in question had been empirically tested;
(2) if the technique had been subjected to peer review
and published; (3) if known or potential rates of error
were present; and lastly (4) the Court advised that the
old “general acceptance” criteria of the Frye test could
be considered. In two subsequent decisions the Court
said that it was not an abuse of discretion by judges to
exclude testimony failing these criteria (Joiner) and that
the criteria applied to all forms of testimony, not just
that which was strictly offered by a “scientist” (Kumho
Tire). Giannelli (Giannelli and Reader, 2006; Giannelli,
Imwinkelreid, and Peterson, 2011) has written about
the record of courts in reviewing various forensic techniques, including many that belong in the criminalistics
domain like firearms identification, fingerprinting, and
hair comparison. He noted, too, that even states that
have not adopted Daubert per se have increasingly
asked potential experts to explain the scientific process
and reliability of techniques in making admissibility
decisions.
Soon after the Daubert decision was announced, the
Federal Judicial Center published its first Reference Manual on Scientific Evidence to assist judges in reviewing complex scientific evidence. The Center recently issued its
third edition of the manual (National Academy of Sciences, 2011). The current edition contains chapters on
DNA Identification Evidence by Kaye and Sensabaugh
and on other types of Forensic Identification Expertise
by Giannelli, Imwinkelried, and Peterson, covering fingerprints, handwriting, firearms, microscopic hair comparisons, and bitemark evidence. In the present day,
such decisions as Melendez Diaz v. Massachusetts addressed
whether the Constitution requires forensic scientists
examining evidence to appear in court and Maryland v.
Alonzo King, a 4th amendment search and seizure case,
authorized the police to collect DNA samples from felony
arrestees. Legal decisions have been (and will always be)
key road signs that guide the use and introduction of scientific evidence in courts of law.
28.20 Research, technology, and
development
Key research being conducted in the forensic sciences
can generally be organized under two large umbrellas:
(1) basic and applied research focused on the tools, techniques, and procedures of the forensic sciences (leaning
toward research in the tradition of the physical sciences)
and (2) research focused on the role, use, and impact
of the forensic sciences in various justice processes (that
is more similar to the tradition of the social sciences).
As is often the case, this research tends to be driven
by the primary funding sources: NIJ, NIST, and NSF.
The NIJ’s current research foci are in five broad areas:
(1) laboratory operations (adoption of new technology,
addressing laboratory backlogs, capacity enhancement,
information systems and databases, standards, and
validation); (2) evidence types (basic and applied research
in all the major areas of evidence); (3) investigations (the
use of forensic evidence from the crime scene up to
adjudication); (4) postconviction testing (the role and use
of DNA in postconviction testing to discover wrongful
convictions); and (5) social science research on forensic
science (how evidence finds its way to the laboratory,
how “context” can affect evidence processing, and how
forensic scientists interpret evidence, their findings,
and report their conclusions). In addition, large funding streams are available for training and laboratory
enhancement (discussed earlier in the Funding section).
Consistent with their core missions, NIST research has
tended to focus on the development of standards and
measurement in the forensic sciences and NSF research
has tended to focus on basic scientific research. NIST
has published an archive of nearly 600 active interagency research and development projects reported by
nine federal agencies, including DoD, DHS, FBI, NIJ,
the Ames National Lab (with NIJ funding), NIST, NSF,
US Geological Survey (USGS), and the US Secret Service (USSS) (NIST, n.d.). More than 200 NSF awards
for basic research that “will have future impact on various forensic science disciplines” are listed in the archive.
Of the 591 projects listed in the NIST archive as of
October, 2013, the most frequent specific category of
research listed was the area of forensic DNA (91 projects,
or 15% of all projects). Other frequent categories of
research, collectively accounting for about one-third of
all listed projects, include: medicolegal death investigation (41 projects, including 19 in forensic anthropology, 12 in forensic toxicology, 9 in forensic pathology, and 1 in forensic entomology), trace evidence
(37), impressions evidence (29), fingerprint evidence
(28), biometrics (24), digital/multimedia forensics (21),
and crime scene investigation (19). Additional projects
Forensic science practice in the United States
were in the areas of controlled substances analysis (14),
explosives/fire/arson investigation (11), questioned documents (9), nuclear forensics (8), environmental forensics (8), and pattern evidence (7). It should be noted
that several awards were listed as “general forensics”
(30), and many NSF awards were in generic categories
of “NSF Education” or “Research and Education” (92),
“NSF research” (82), and “NSF Instrumentation” or
“Instrumentation Development and Education” (19).
Much of the research is funded internally, represent
continuing projects, or funding has not been disclosed,
but the reported grant awards to external entities total
nearly $252 million. It should also be noted that the NSF
recently issued a call for proposals to existing programs
on “fundamental research questions which might simultaneously advance activities related to research and education in forensic sciences” (National Science Foundation, 2013). An emphasis of the program is collaboration
between forensic scientists and basic science researchers
on far reaching topics, including: cognitive bias, remote
measurement and imaging, storage and manipulation
of large data sets (including biological data), studying
how jurors understand forensic evidence, determining
the provenance of forensic samples including the use of
Geographic Information Systems, and integrating forensics into STEM curricula.
28.20.1 Criminalistics
There has been limited support for criminalistics
research over the years. Ballou et al. (2013) provide an
interesting overview of key problems as well as important future directions in the areas of illicit drugs, DNA
analysis, fire investigation, and trace evidence. Research
has been published in academic journals and textbooks
for decades, but it was with the formation of the National
Institute of Justice that funding in all areas of forensic
science became available and the field started to make
major advancements. Applied research has been supported in many areas.
NIST Programs have emerged in more recent years
in developing performance standards, guidelines, and
related publications. Recent and new publications
include: Latent Print Examination and Human Factors
(February 2012), a Biological Evidence Preservation Handbook, and an updated Crime Scene Investigation: A Guide
for Law Enforcement handbook just published in September 2013, and future work in questioned documents in
325
2013. Other workshops are being held in DNA mixtures, synthetic drugs, handwriting, and firearms. An
updated forensic laboratory facilities guide (last edition
in 1998) is due, and a new report on standardizing quantitative and qualitative terminology in forensic reports
to law enforcement, legal practitioners, and jurors is
anticipated.
Fingerprints were one of the first areas of pattern evidence where advances in technology in the 1980s permitted the digitization of large databases of known 10
print and latent print files. The advent of Automated
Fingerprint Identification Systems (AFIS) has greatly
improved the efficiency of both 10 print and latent
searches. However, substantial problems of interoperability between standalone AFIS databases remain, and
in the absence of any federal mandate regarding interoperability, and with thin resources to support interoperable AFIS, nationwide interoperability remains an
important but elusive goal (NRC, 2009). The Combined
DNA Index System (CODIS) was formed by the FBI in
1990 and the DNA Identification Act of 1994 authorized the FBI to implement a national index that went
online in 1998. In rapid succession, funding was authorized to establish state and local testing capabilities. State
legislatures authorized officials to take DNA from convicted offenders and to enter it into these databases.
Many states have now authorized (and the US Supreme
Court has approved) the police to collect DNA from
arrestees to enter their profiles into CODIS. As of August
2013, the National DNA Index (NDIS) contains over
10,535,300 offender profiles, 1,613,100 arrestee profiles,
and 509,900 forensic profiles (Federal Bureau of Investigation, Lab Services, n.d.).
NIBIN is one additional area of criminalistics evidence
where databases of bullet and cartridge characteristics
have been created. All the above areas, latent fingerprints, DNA, and firearms information, allow investigators to take questioned evidence found at a crime scene
and to search these files against known standards. This
has been a revolutionary form of determining the origin of crime scene evidence that has changed the face of
investigations.
28.20.2 Questioned documents
As noted in the NIST archive of current research, there
were nine projects in the specific category of questioned
documents. The projects deal with counterfeit identity
and travel documents, ink analysis, four projects on
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Chapter 28
handwriting analysis (largely focused on the statistical analysis of handwriting), thermal ribbon analysis,
human factors in handwriting analysis, and secure document component analysis and sourcing. These projects
were funded by the DoD, NIJ, NIST, and the USSS.
Aside from one internal NIST study, the eight external
research awards totaled $3.7 million.
28.20.3 Forensic pathology/biology
Gill et al. (2013) discuss two primary initiatives, among
them radiography (particularly of infants, charred
remains, and for the detection of foreign bodies and
projectiles) and the use of “whole body digital scanning” and computerized tomography (CT). CT can be
used in “triage autopsies” or “virtual autopsies” in situations where dissection autopsies are not possible or as a
triage tool to determine which individuals need a complete autopsy, but additional training and research are
needed to determine the range of possible applications.
Also, research is needed in the area of molecular testing,
including genetic cardiac diseases, inheritable thrombosis, pharmacogenetics, and the detection of infectious agents (Gill et al., 2013). The National Research
Council noted a need for research to promote greater
use of computerized case records and information systems, as well as greater funding from a national level,
increased interaction between medical examiner offices
and university pathology departments, more coordinated research through forensic pathology residency
programs, and better collection of information from routine autopsies. The NIST archive of current research lists
nine projects in the area of forensic pathology, including
the use of CT to supplement autopsies, applications of
molecular autopsies, statistical analysis of pediatric fractures, development of pediatric head injury assessment
tools, new methods for characterizing bacterial and fungal communities associated with corpse decomposition,
interpretation of patterned injuries, and impact of body
temperature and postmortem interval on magnetic resonance imaging (MRI) of unfixed tissues. All of these
projects were funded by the NIJ, and awards totaled
$5.6 million.
28.20.4 Forensic toxicology
Logan and Ropero-Miller (2013) identified a number
of research needs in forensic toxicology, including the
interpretation of extremely low levels of drug concentrations, improved databases to aid in interpreting drug
levels in multiple biological matrices, the development
of assays for new designer drugs of abuse, additional
research data to improve interpretive toxicology, the
need for greater standardization in toxicological testing
and reports (see SWGTOX above), better access to the
scientific literature by practicing toxicologists, and more
international collaboration and development.
The NIST archive of current research lists 12 projects
in the area of forensic toxicology, dealing with the detection of cocaine in hair samples, GHB metabolites in
urine samples, three projects on designer and synthetic
drugs, expansion of cheminformatic databases of spectral data, and improved separation techniques. These
projects were funded by the FBI, NIJ, and NIST, and
external awards totaled $3.9 million.
28.20.5 Forensic anthropology
The NIST archive of current research lists 19 projects
in the area of forensic anthropology, including three
projects focused on improved methods of sex estimation (one using CT scans), facial reconstruction,
ethnicity determination, reconstruction of fragmentary
skeletal remains, computer assisted age at death estimation, radiographic databases, and entomology. These
projects were funded by the FBI and NIJ, with external
awards totaling $5.6 million.
28.20.6 Forensic odontology
Pretty et al. (2013, p. 198) call for research in three primary areas: victim identification, age estimation, and
bitemark analysis. The NRC study did not mention either
of the first two areas in need of research. Still, in the first
area, work must continue on refining procedures and
criteria for victim identification, the use of better dental
materials, and use of digital radiography and computerized matching systems. Age estimation still requires
research involving large population studies and data to
support placing a subject within a certain age range. As
noted above, it was the third area that has the greatest
need for research. Pretty et al. (2013) point out the serious human subject problems in developing databases of
various forms of bitemarks on live subjects. This problem may be insurmountable. Using media other than
“live” skin have been suggested including materials such
as Styrofoam, pigskin, and human cadavers. Hypothesis driven studies, and development of models that can
identify and control necessary variables, are necessary
but require funding. There was only one project in the
Forensic science practice in the United States
NIST archive of current research focused on replication of known dental characteristics in pigskin and new
technologies for imaging specialists. This research was
funded by the NIJ for $700,000.
28.20.7 Psychiatry and behavioral science
There are many contemporary areas of research in
forensic psychiatry and psychology. Forensic neuroscience has many applications in both the civil and criminal areas, ranging from documentation of head injuries
to establishment of criminal responsibility, to lie detection, and the study of psychopathy and the prediction
of dangerousness. Other areas include tests and measures or detection of malingering and deception and
have both criminal and civil applications. Research indicates, however, that the prediction of dangerousness
of the mentally ill is a very problematic area, with the
odds of correctly predicting that a mentally ill prisoner
will recidivate upon release is no better than chance
(50:50). Research predicting the causes of violent criminal behavior and determining the role played by genetics, advances in neuroscience, and a variety of social,
psychological, and environmental factors continues as
well and represents a fertile area for important research.
28.20.8 Engineering sciences
Forensic engineering is a very broad area encompassing
civil, mechanical, electrical, biomedical engineering, as
well as accident reconstruction, making it difficult to
identify key research, technology, and development
relevant to forensic applications. Basic research being
conducted in a wide variety of disciplines may ultimately
impact forensic engineering. However, as noted earlier,
the major areas of focus in forensic engineering are
structural failures, fire and explosion investigation, and
accident reconstruction. There were 11 projects in the
NIST archive that were focused on explosives/fire/arson
investigation, mostly dealing with the detection of
ignitable liquids and totaling more than $3.2 million.
In addition, there are current projects in the area
of trace evidence relevant to accident investigations
(such as automotive paint analysis) and crime scene
investigation (such as tire track analysis). There was
only one project in the NIST archive in the specific area
of engineering forensics, funded by NIST and dealing
with materials fatigue and failure analysis.
327
28.20.9 Digital and multimedia sciences
The NIST archive of current research lists 21 projects
in the area of digital/multimedia forensics. Several of
these projects are related to the use of software that
can assist with the extraction of information from
smartphone backups and networked computers. There
are also three projects on tools for “cloud forensics.”
Additional projects are focused on software reference
libraries, the use of internet anonymizers, automated
human image detection, detection of digital forgery,
hard drive recovery, and the identification and resolution of forensic image bottlenecks. These projects were
funded by the NIJ, NIST, and DHS, and external awards
totaled $10.1 million.
28.20.10 Social science research
on the forensic sciences
Finally, in discussing research, technology, and development in the forensic sciences, it is important to
discuss the growing area of social science research on
the forensic sciences. Within this area are important
studies of crime laboratory functions, workloads, and
policies/procedures (including the BJS censuses of
crime laboratories and offices of medicolegal death
investigation), the function and role of forensic science
in the administration of justice (including case processing studies that examine the processes and impact of
forensic evidence on criminal case outcomes, and how
law enforcement agencies and prosecutors use forensic
evidence), quality issues (such as cognitive biases in
the processing of evidence), the adoption of business
models for forensic laboratory services, ethics in the
forensic sciences, jury decision-making with regard to
forensic evidence, and popular media effects such as
the “CSI effect.” Although this type of research can be
found in the venerable Journal of Forensic Sciences, it is
also found in a wide variety of other outlets, including
journals in criminal justice, psychology, sociology, and
law reviews. Relatively new journals such as Forensic
Science Policy and Management are becoming an important
means of disseminating social science research on the
forensic sciences.
28.21 Future directions
There are three major areas that have long-term bearing
on the future of forensic science in the United States.
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Chapter 28
The first is the landmark NRC report, Strengthening
Forensic Science in the United States. Moving forward,
it is important to consider what has happened (or
what needs to happen) in the wake of the NRC study.
Second, and related, is the issue of federal funding and
policy, which have been significantly stimulated by the
NRC report. The receipt of federal funding is the most
powerful national leverage, short of specific legislation,
to effect change in the forensic sciences. The recently
appointed National Commission on Forensic Science
holds great promise in shaping the future direction of
the field of forensic science.
28.21.1 Follow-up on the national research
council report
The NRC Study had several pointed criticisms and suggestions for research in various forensic disciplines:
Questioned documents. The report discussed the comparison and analysis of documents, inks, and
writing instruments, and understanding their history. Examination of handwriting is particularly
challenging as examiners must distinguish among
intrapersonal and interpersonal variations of writing samples. ASTM has a long history in working with questioned document examiners and has
promoted standards, including various scales used
for expressing examiners’ certainty of identification. Proficiency testing research has shown that
questioned document examiners fare much better
than lay persons in determining if writing samples
“match” and if signatures are genuine, but still err
by 3.4% to 6.5% of the time (NRC, 2009). The Committee concluded that the “scientific basis of handwriting comparisons” must be “strengthened” but
that there “may be a scientific basis for handwriting
comparison.”
Forensic toxicology. The NRC Report was unfavorable
toward many of the forensic disciplines, and did
not devote significant attention to forensic toxicology, but did acknowledge that the field needed
added equipment, staffing, and greater automation. Logan and Ropero-Miller (2013) highlighted
areas of general forensic concern cited in the NRC
report that pertained to toxicology. The NRC report
stressed the importance of uniform reports, the
need for precision and accuracy of lab results, and
estimates of uncertainty of quantitative analyses.
The adoption of routine quality assurance programs
and quality control procedures are needed, as are
proficiency testing, certification of personnel and
accreditation of laboratories. Expanded graduate
education and research endeavors are necessary
and continuing professional education and training
of attorneys and judges are needed.
Forensic odontology. The Committee was highly critical of bitemark analysis because of the “elasticity of the skin, unevenness of the surface bite,
and swelling and healing” (NRC, 2009, p. 174).
While the ABFO guidelines list various methods for
examining bitemarks, they do not issue criteria for
interpreting results and associating a bitemark to a
person’s dentition, and with a specified degree of
probability. The Committee noted research had
shown a “high probability of false positive matches”
(NRC, 2009, p. 174). The Committee summarized
its findings as follows: (1) the lack of scientific
data supporting the uniqueness of human dentition; (2) distortion problems associated with transferring these patterns to human skin; and (3) the
lack of a standard for the number of individual characteristics required to conclude an identity has been
reached. The Committee feared there was potential
for serious bias among bitemark examiners when
comparing a suspect’s dentition with a bitemark.
The Committee called for large studies to evaluate
the uniqueness of bitemarks, the ability of skin to
register necessary detail, and criteria necessary to
associate bitemarks to a particular person, to the
exclusion of all others, with known degree of
probability.
28.21.2 Federal funding and policy activity
The 2009 NRC Strengthening Forensic Science report has
stimulated significant activity at the federal level. There
is both general legislation, described below, and specific
activities of the Office of the White House concerning
this response:
Congressional. Both the US Senate and the US House
of Representatives have bills pending: Senator
Patrick Leahy’s Criminal Justice and Forensic Science Reform Act (S. 2177) to establish an Office
of Forensic Science and a Forensic Science Board
and to strengthen and promote confidence in the
criminal justice system by ensuring scientific validity in forensic testing and Senator Jay Rockefeller’s Forensic Science and Standards Act of 2014
Forensic science practice in the United States
(S. 2022) that would shift funding and decisionmaking (away from the DOJ) to NIST and NSF.
Leahy introduced this bill for the first time in 2012
and reintroduced it in March 2014. In addition,
other bills are being put forth to continue funding of
laws to improve the quality and timeliness of forensic services involving violent crimes against women,
elimination of DNA backlogs, and other crimes.
The Violence Against Women Act (VAWA), including the Sexual Assault Forensic Evidence Reporting
(SAFER) Act, which provides grants to combat violent sex crimes and domestic violence and to provide
audits of untested sexual assault evidence, was passed
by the House and Senate in February, 2013. The
Justice for All Act, originally passed in 2004, is also
up for reauthorization. Funds to assist in eliminating
DNA backlogs and Coverdell Improvement Grants to
improve the “quality and timeliness” of crime lab and
medical examiner services are provided. Among other
requirements, grantees must have in place a “process to
conduct investigations into allegations of negligence or
misconduct affecting forensic results.” This is in large
part the result of revelations from the Innocence Project
and other crime laboratory scandals. Nominal funds are
also provided to support the proposed National Forensic
Science Commission.
Also, in direct response to the NRC study, the Office
of the White House Subcommittee on Forensic Science,
Committee on Science, National Science and Technology Council (which terminated at the end of 2012),
set out to develop a federal response to issues raised
in the NRC study by creating a “prioritized national
research agenda.” Interagency Working Groups (IWG)
of federal, state, and local scientists, researchers, and
lawyers were formed to produce recommendations in
the following areas: accreditation and certification, education, ethics and terminology, standards, practices and
protocols, outreach and communications, and research,
development, testing, and evaluation. There were frustrations felt by many over the process followed including the “closed” meetings, limited funding and face to
face meetings, no provisions for professional comment
and feedback on draft recommendations, and that the
final “White Paper” still has not been published. A recent
report in Chemical and Engineering News sums up the criticisms (Widener, 2013). At this stage it is unclear what
the White House response to the NRC recommendations
will be.
329
28.21.3 National Commission on Forensic
Science
Probably the most significant response is the joint
DOJ/NIST National Commission on Forensic Science
intended to “strengthen and enhance” the future of
forensic science (Federal Register, 2013a). This bodes
well for the field. It should also be noted that the
NRC report called for the creation of an independent
National Institute of Forensic Science (NRC) (2009), the
status of which remains unclear. The recently appointed
Commission is made up of distinguished practitioners,
academic researchers, prosecutors, defense attorneys,
judges, and other stakeholders to help standardize
national guidance for forensic science practitioners
(US Department of Justice, 2014). A website for the
Commission (www.justice.gov/ncfs) provides meeting
agendas, materials, webcasts, and other information.
The Commission will work with the DOJ in the development of policy recommendations and with NIST
administered guidance groups to propose disciplinespecific procedures. Outcomes should include standards,
priorities, guidance in the law–science courtroom interface, development of a uniform code of professional
responsibility, and minimum standards for training,
certification, and accreditation. As of this writing,
the Commission has met three times, and formed six
subcommittees (Accreditation and Proficiency Testing;
Interim Solutions; Medico-legal Death Investigation;
Reporting and Testimony; Scientific Inquiry and
Research; and Training on Science and Law). The work
of the Commission will be shared with the professional
community in the months and years to come.
Acknowledgements
The authors wish to acknowledge and thank Victor
Weedn, Barry Fisher, and Jeri Ropero-Miller for their
helpful comments on an earlier draft of this chapter.
Cases cited
Brady v. Maryland, 373 U.S. 83 (1963).
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S.
579 (1993).
Durham v. United States, 214 F.2d 862 (1954).
Escobedo v. Illinois, 378 U.S. 478 (1964).
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Chapter 28
Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).
General Electric Co. v Joiner, 522 U.S. 136 (1997).
Kumho Tire Co., Ltd. v Carmichael, 526 U.S. 137 (1999).
Maryland v. King, 569 U.S. ______ (2013).
Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009).
Miranda v. Arizona, 384 U.S. 436 (1966).
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C H A P T E R 29
Legal medicine and forensic science
in Uruguay
Hugo Rodrı́guez Almada
Department of Legal Medicine of the School of Medicine in the University of the Republic, Montevideo, Uruguay
Uruguay
29.1 Introduction
Uruguay is a small country in South America with a
surface area of 176,215 square kilometers. Its 3,290,000
inhabitants are highly concentrated in Montevideo, the
capital city, and the metropolitan area, which accounts
for over half of the country’s population.
The relief is characterized by a soft and wavy profile,
514 meters being its maximum height. A temporate climate prevents the country from experiencing extreme
temperatures. Uruguay evidences good social and health
indicators when compared to other countries in Latin
America (low illiteracy and infant mortality rates, high
human development and life expectancy rates and the
most just distribution of wealth in the region).
Historically, the country has relied on a strong public education system characterized by its being free and
universal, including college education.
In 1825 Uruguay declared its Independence after a
number of emancipating battles and in 1830 it passed the
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
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Chapter 29
country’s first Constitution. In terms of its political and
institutional structure, Uruguay is a democratic republic.
However, between 1973 and 1985 the democratic form
of government was substituted by a civic–military dictatorship that dissolved parliament and ruled under a state
terrorist regime that ran over human rights, the forensic
research of which is still incipient.
The development of forensic sciences in Uruguay has
been largely determined by these unique geographic,
demographic, social and political characteristics of the
country, which differ from those present in most of the
region.
29.2 Legal medicine and forensic
sciences historical review
Medicolegal expert examinations in the times of colonies
under Spanish rule (1724–1811) were performed by
surgeons. They identified the wounded bodies and dissected the corpses. The first forensic autopsy recorded
took place in 1760 and the first forensic accounting
on skeletal remains was done in 1797 (Soiza Larrosa,
1985).
Considering independent times, the creation of
“police doctors” in 1827 constituted a milestone in the
field. These doctors were responsible for providing assistance to police officers and prisoners, although they also
prepared the expert reports requested by the authorities. The first reference to “medical doctors” is found in
the Health Regulations of 1883, which also accounts for
the position of “court chemical expert” (Soiza Larrosa,
2002).
In 1851 the first research process due to a supposed
malpractice case took place after the death of General
Eugenio Garzón, a politician who played a key role
in the country’s political arena and who would have
become the next president of the republic. The autopsy
on Garzón’s corpse and the case report was performed
by eight of the most renowned doctors of those times,
and they concluded that Pedro Capdehourat, the treating physician, was responsible for Garzón’s death. As a
result, he was not authorized to practice medicine. One
hundred and fifty years after, upon a review of the case
it was found there had been no malpractice case and
that health care assistance for General Garzón had been
provided according to medical knowledge of the time
(Riveiro and Roó, 2007).
In 1877 the Chair in Legal Medicine was established
at the University’s School of Medicine (the current
University of the Republic), which would exert an essential influence on the development of legal medicine and
forensic science until today.
Autopsies were performed in cemeteries until 1914.
As from that date, according to the provisions in an
agreement signed by the Judiciary and the School of
Medicine, the Court Morgue was found in the Legal
Medicine Department’s premises. Sixty years later, the
current Court Morgue was established, which comprises
Chemical and Toxicology as well as Anatomic Pathology
and Anthropology Laboratories (Soiza Larrosa, 1992).
However, in faraway areas in the country’s provinces,
autopsies are still performed in cemeteries or public
hospitals.
Act N◦ 5,217 of 1915 provided that medicolegal
actions were to be performed by “public service doctors”,
except for judicial autopsies that were under the scope
of the Anatomic Pathology Department of the School
of Medicine. It was Martin Martinez Pueta, Chair of
Legal Medicine, who in 1916 prepared a draft project
for the organization of forensic actions, emphasizing the
need for a specialization in legal medicine. Among other
supporting comments, Dr. Martinez Pueta questioned
the quality of expert reports prepared by the Anatomic
Pathology Department, the members of which lacked
medicolegal training. The project advocated the creation
of a forensic physicians body and the Forensic Technical
Institute (Martı́nez Pueta, 1917).
Both initiatives by Martı́nez Pueta came true. Thus,
Act N◦ 5,635 of 1918 derogated the previous norm, creating the forensic doctor position as such, who would
report to criminal judges. The law provided that forensic doctors would perform all expert tasks and actions,
including autopsies.
Likewise, the creation of the judiciary’s Forensic Technical Institute only took place in 1937. The new institute gradually took over expert examinations of lesions,
violent deaths, toxicology, and assessment of criminal
responsibility, filiations, determination of age, ballistic
and study of documents. The titles issued are registered
at the Ministry of Public Health (Soiza Larrosa, 2005).
In 1972, Legal Medicine was recognized as a specialization in Uruguay, and from that date and until today
the School of Medicine of the University of the Republic is responsible for certifying it. Titles issued are registered at the Ministry of Public Health. This is the only
Legal medicine and forensic science in Uruguay
discipline among the forensic sciences that entails such
a degree of academic formality and acknowledgment by
public authorities.
29.3 Education and training of
human resources in forensic science
Education and training of forensic science in Uruguay
is rather heterogeneous. This assertion does not refer to
training in the “primary discipline” – that is anthropology, dentistry, medicine, chemistry, among others, but
rather to its specialization applied to the forensic field.
In this respect, the situation of Legal Medicine is
clearly different from the rest of the forensic disciplines.
29.3.1 Training in legal medicine
In Uruguay there is a long tradition of training specialized physicians in legal medicine at the Department of
Legal Medicine of the School of Medicine in the University of the Republic. The University of the Republic is the
only public university in the country. Simultaneously,
the School of Medicine has a Graduate School that is
authorized to issue certifications for all medical specializations, including legal medicine.
The Department of Legal Medicine was established in
1877 and all medical students attend its courses in the
specialization. Also, the Department is responsible for
postgraduate courses and since 1972 the country has
trained specialists in Legal Medicine, whose title is recognized by health authorities.
The title of specialist in Legal Medicine is obtained
after attending classes and courses, approving and meeting all academic requirements for postgraduate in the
field of expertise. It comprises three years of theoretical
courses and practical training (performance of autopsies,
assessment of lesions and study of judicial files).
The higher teaching staff of the Department of Legal
Medicine are responsible for all educational issues. Practical training takes place within judicial premises, authorized by the judicial authorities and forensic doctors on
duty, under the supervision of university teaching staff,
who sometimes play two roles.
The theoretical content of the specialization courses
aims to train experts with a holistic perspective,
who can adequately handle the different aspects of
legal medicine: thanatology, lesionology, forensic sexology, forensic dentistry, forensic anthropology, forensic
337
psychiatry, forensic toxicology, forensic genetics, criminal, civil and labor law. This theoretical training is
complemented with theoretical–practical activities at the
court morgue, the forensic clinic and the molecular
genetics laboratory. Moreover, training includes working in polyclinics and hospitals, assessing victims of different forms of violence. This part of the training in the
health system often takes place in the pediatrics services,
and aims to train doctors in the early diagnosis of different forms of child abuse.
Academic requirements to obtain the specialist title
include mandatory attendance of courses, approving
written tests and/or practices every semester, presenting
case reports or reviews of topics in each one of the first
years, a final thesis, a practical test consisting of performing a complete autopsy and writing the corresponding
case report.
Since 2009, training in the specialization underwent
a positive change, when legal medicine became part of
the national system of medical residences. This system
established by Act N◦ 18,438 is a learning and training
regime in a medical specialization for professionals who
have recently graduated and takes place in a certified
teaching health care center, where students intensively
act under the guidance and supervision of established
higher staff of the institution and higher teaching staff.
The syllabus for training in the specialization is covered
under such conditions in order to obtain the corresponding title. To enter such a regime, students need to take
part in an exam and merit-based selection process that
is open and anonymous, providing education and training through 48 weekly and remunerated hours of supervised practical work.
The Residence in Legal Medicine lasts three years. Resident physicians need to observe the number of hours
agreed (48 hours a week), apart from the rest of the
regular academic requirements of students attending
conventional postgraduate courses (attending academic
activities, evaluation tests twice a year, preparing three
scientific studies and the final practical exam).
The evaluation of the first years of the Residence in
Legal Medicine proved the advantages of this kind of
training for specialists. In fact, residents complete their
training with significant experience after having practiced, on average, around six hundred autopsies and
around three hundred assessments of child physical or
sexual abuse or battered women. Thus, the first generations of Residents in Legal Medicine rapidly blended into
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Chapter 29
the labor market as forensics for the Judiciary and/or
university professors in this area of specialty.
29.3.2 Training in other forensic sciences
As has already been pointed out, in Uruguay there is no
systematic professional training in forensic sciences postgraduates other than Legal Medicine. However, there
are a number of professionals who work in the forensic
context, such as chemists, physical anthropologists and
biologists.
In other cases, professionals have been empirically
trained through their own work experience. Also,
a number of people were trained abroad by taking
diploma courses, Masters or PhDs in other countries. The
online education offer existing, thanks to ICT progress,
has contributed to these processes. Such is the case of the
remote Masters in Forensic Medicine and Forensic Sciences offered by the University of Valencia, led by Professors Fernando Verdú Pascual and Ana Castelló Ponce,
respectively, which have included Uruguayan professors
since they were launched. Indeed, several Uruguayan
professionals have taken advantage of these virtual masters. In other cases professionals have taken courses or
completed internships.
In spite of there being no systematic training in forensic sciences, the University of the Republic has led positive efforts to that end for over two decades. The School
of Humanities and Educational Sciences has developed
postgraduate courses for anthropologists or doctors.
Among them are those developed in 1995 by Professor Hector Soto Izquierdo (Institute of Legal Medicine,
Havana, University of Havana) on forensic anthropology
and in 1997 by Professor Ranajit Chakraborty (Houston
Univesity). The School of Medicine has offered updating
courses on forensic anthropology, those taught by Professors Douglas Ubelaker (Smithsonian Institution; The
George Washington University; Consultant in Forensic
Anthropology to the FBI) and Valeria Silva Braz (Universidade Federal do Rio de Janeiro) being worth mentioning. Likewise, the School of Dentistry has organized
courses on legal and forensic dentistry, with the collaboration of Professor Jorge Paulete Vanrell (Paulista
University).
Today, efforts are being made to consolidate a space
for graduate and postgraduate training spaces in forensic
dentistry.
For the continuing training of professionals, the
Department of Legal Medicine of the School of Medicine
collaborates with the Forensic Technical Institute to
offer updating courses for forensic doctors around the
country, despite not all of them having their specialist
degree.
Apart from university training, in the field of criminalistics the National Bureau of Technical Police (police
scientists) is responsible for training experts at the
same work sites. The School of Criminalistics operates within the headquarters of the National Bureau
of Technical Police, and both low rank staff and officials receive specific training on criminalistics, apart
from their general training in police issues. Courses
cover 340 hours (280 theoretical and 60 hours of practice) along the following thematic axis: papilloscopy,
photography, planimetry, applied chemistry, accidentology, documentoscopy, graphoscopy, ballistics, legal
medicine, applied biology, applied legislation and criminology ICT (Camejo, 2008). The police graduating from
the School of Criminalistics obtain an Expert Assistant
Degree. These Expert Assistants may practice in the different areas of criminalistics, such as crime scene investigation, ballistics, accidentology, documentology, dactilloscopy or ICT. The most experienced staff at the
National Bureau of Technical Police is responsible for
their training and they have historically profited from
the collaboration of the staff from the Legal Medicine
Department of the School of Medicine of the University
of the Republic. This collaboration has been mutual
and criminalistic experts from the Police Scientists have
also contributed to training doctors specialized in legal
medicine.
29.4 Organization of forensic sciences
Describing the organization of the forensic sciences in
Uruguay implies mentioning its three hierarchies: the
Forensic Technical Institute of the Judiciary, the National Bureau of Police Investigation and the academic
services associated with the University of the Republic.
29.4.1 Forensic Technical Institute (ITF)
The Forensic Technical Institute is the technical counseling body belonging to the judiciary, whose human
and material resources report to the judges who decide
on different fields, although in particular in the area of
criminal law. Its organizational chart is rather complex.
Legal medicine and forensic science in Uruguay
The highest authorities, both the Director and Deputy
Director, have historically been professionals from the
field of law (lawyers or notary publics) rather than professionals from the field of forensic science.
With the purpose of illustrating the organization and
development of the Forensic Technical Institute four
main divisions will be considered: the Department of
Forensic Medicine, the Department of Medical Criminology, the Chemistry and Toxicology Department and the
Identification Department. Likewise, it comprises other
areas that are not relevant to this overview, such as
accounting expert examination or social services.
29.4.1.1 Department of Forensic Medicine
The Department of Forensic Medicine is responsible for
conducting expert examinations in connection with all
kinds of violent events and/or events that seem to have a
criminal aspect (car accidents, domestic violence, sexual
violence, self-aggression, medical malpractice, among
others), both in individuals who are alive or are corpses.
This task is carried out by forensic doctors from the
competent courts who report to the criminal judges on
duty. The forensic doctors carry out the entire expert
examination: they go to the crime scene, perform the
autopsy, assess the lesions of individuals who are alive,
whether victims or aggressors and prepare the corresponding reports.
In Montevideo, the capital city, apart from forensic
doctors on duty who participate in expert examinations
in their different stages, there are those who work exclusively at the Forensic Clinic, where they assess lesions,
and others who practice in the Adolescence or Family
Courts specialized in domestic violence. They are not
responsible for performing autopsies.
Forensic doctors may request complementary studies,
such as those provided by the Chemistry and Toxicology Laboratories, Anatomic Pathology and Anthropology Departments. All of these services are centralized in
the country’s capital city, and thus samples need to be
sent to Montevideo from anywhere around the country.
Forensic doctors of Montevideo may also request
radiographic studies and a photographer to record the
findings. In the rest of the country the Scientific Police
are responsible for taking pictures but there are no X-ray
resources available.
Table 29.1 presents the budgeted technical
human resources allocated to the Forensic Medicine
339
Table 29.1 Technical human resources in the Department of
Forensic Medicine of the Forensic Technical Institute
Position
Director (Forensic Doctor)
General Counseling Physician
Forensic Doctors for the capital city
Autopsy Doctors for the capital city
Forensic Doctors for the provinces
Number
1
1
8
3
39
Doctors for the Anatomic Pathology Laboratory
2
Anthropologist
Radiologist
1
1
Photographer
Forensic Doctors for Domestic Violence Courts in
1
2
the capital city
Forensic Doctors for Adolescent Courts in the capital
3
city
Forensic Clinic Doctors
Forensic Doctors to Assess hospitalized individuals
4
2
Forensic Clinic Nurses
1
Department, although administrative and service staff
are not included.
As to the activity at the Court Morgue of Montevideo,
statistics have remained the same in the last five years,
there being around 2300 autopsies per year. Of these,
over half (55%) correspond to external examination in
the case of natural deaths, 44% are complete autopsies
and 1% are examinations on bone remains (Instituto
Técnico Forense, 2009).
The Sudden Unexpected Death of an Infant Program,
led by the Ministry of Public Health and the Judiciary
constitutes a peculiar situation in the forensic field in
Uruguay. With the purpose of improving diagnosis of
children’s sudden death, Act N◦ 18,537 of 2009, regulated by Decree 07/010, provides that autopsies on children under one year old who died of apparently natural
causes are to be performed jointly by the forensic doctor on duty and a doctor who is specialized in anatomic
pathology, at the country’s reference Pediatrics Hospital Morgue. Also, a Sudden Death of an Infant Committee was created to supervise these autopsies, to prepare
protocols for actions, to design and suggest preventive
measures and to prepare an annual report on deaths
and their causes. The regulation of the law established
a gradual application process, starting at the capital city
and nearby areas.
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Chapter 29
29.4.1.2 The Chemical and Toxicology Laboratory
The Chemical and Toxicology Laboratory Department
is an administrative structure that is independent from
the Forensic Medicine Department, although it is closely
related to it both technically and geographically, since it
is located in the same building of the judicial morgue
of Montevideo. In spite of it being in the capital city, it
receives samples from around the country.
Its technical staff is made up of professionals with a
pharmaceutical chemist’s profile: a Director (chemist),
four forensic chemists and four assistant chemists
(advanced students of chemistry and graduates in clinical laboratory).
This laboratory has been a pioneer in the region ever
since 1995, when it started implementing a systematic
toxicology analysis for the purpose of searching for toxicologically interesting substances in general. To that
end it initially used thin layer chromatography (TLC)
and gas chromatography with a nitrogen–phosphorus
detector (GC-NPD). Later on, other techniques such
as high-performance liquid chromatography (HPLC-UV)
and the mass spectometry detector (GC-MSD) were also
adopted.
Today, the laboratory has the following analytical
equipment: three gas chromatographs with a nitrogen–
phosphorus detector and an electron capture detector
(GC-NPD/ECD), a gas chromatograph with a flame ionization detector (GC-FID) coupled with a head space
autosampler, a gas chromatograph detector with an ion
trap mass spectrometer (GC-MSD) and a liquid chromatograph with a diode arrangement detector (HPLCDAD). In addition to this, a liquid chromatograph with
a mass spectrometry detector has been recently added to
this equipment.
The quality control of the methods is carried out by
means of internally adapted and controlled methodologies, the results being validated by two different
analytical methods. The interpretation of results is done
according to the international bibliography of reference
(Instituto Técnico Forense, 2009).
The work done in the Chemical and Toxicology Laboratory is divided into four main headings: thanatological cases, studies of people who are alive, analysis and custody of confiscated drugs and other expert
examinations.
The thanatological cases correspond to samples
obtained from corpses when the forensic doctor requests
a certain substance to be determined. There is a protocol
Table 29.2 Biological sample to be sent to the Chemical and
Toxicology Laboratory, depending on the suspected toxic
substance
Suspected toxic
Biological sample required
Toxicology screening
Blood, gastric contents, liver,
Ethyl alcohol
Blood: > 10 ml; humor vitreous:
> 2 ml
Blood, urine: > 10 ml
urine: > 10 ml
Drug abuse
Psychotropic drugs
Blood, gastric contents, liver,
urine: > 10 ml
Pesticides
Blood, gastric contents, urine:
> 10 ml
Carbon monoxide
Other toxic
Blood: > 10 ml
Call the Lab
established by the laboratory stating how to take, preserve and send samples by forensic doctors. Table 29.2
presents the sample and the number needed for the
most frequently requested toxic substances. The alcohol level of the blood, general toxicological screening,
psychiatric drugs, abuse drugs, carboxyhemoglobin and
pesticides are the most often requested analyses. Similarly, other substances such as cyanide, abortifacients,
metal and organic solvents such as arsenic, among others, are requested to be determined.
Examinations while a person is alive aim to determine
the alcohol level of the blood. Of the 1800 alcohol analyses done every year in the laboratory, 50% relate to
people who are alive.
A significant amount of the work done in the laboratory has to do with the analysis and custody of illegal drugs confiscated by the judiciary. Since 1998 and
according to the provisions under Act N◦ 17,016, confiscated substances are sent to the Forensic Technical Institute in order to be analysed and subsequently destroyed
upon the decision by the relevant authorities.
When Law N◦ 17,016 was passed, the workload at
the laboratory was multiplied by six and also analyses
of confiscated drugs rose from 14% in 1999 to 54% in
2012.
Last, several different expert examinations are
grouped under the “other examinations” heading and
include the following: request for technical reports on
technical products, adulterated products, illegal sale
of medicines, domestic and farm animal deaths, products that are not registered in the country, as well as
Legal medicine and forensic science in Uruguay
Table 29.3 Technical human resources in the Criminology
Department of the Forensic Technical Institute
Position
Number
Director (Psychiatrist)
Psychiatrists for the capital city
1
8
Pediatric Psychiatrists for the capital city
Psychiatrist for Domestic Violence Courts in the
capital city
8
8
Psychiatrists for the provinces
15
Deputy-Director of the Psychology Department
Psychologists for Adolescent Courts in the capital
1
2
city
Psychologists for Domestic Violence Courts in the
2
capital city
Social Workers for the capital city
3
Forensic Clinic Nurses
1
extension and replication of reports and assessment of
several cases involving chemical substances, drug abuse
and technical opinions on analytical determinations
done by other laboratories (Mañay, 2005).
29.4.1.3 Criminology Medical Department
The Criminology Medical Department directly reports
to the authorities of the Forensic Technical Institute
and its technical staff is made up of psychiatrists, psychologists and social workers (see Table 29.3). As with
other departments, it is highly concentrated in the capital city. Examinations carried out by this department
may involve a technical member of the staff or a group
of experts, which in most cases is a multidisciplinary
committee.
In terms of psychiatric examinations, most are ordered
by criminal judges and may assess the alleged criminal,
the victim or a witness. The purpose of an examination
performed to assess the criminal is to enable experts to
inform the relevant judges about the psychiatric condition of the individual, in order to determine whether
the defendant is chargeable or not. In other cases, this
kind of examination focuses on the defendant’s personality and aims to determine how dangerous they may
be. These expert examinations are often accompanied by
the Forensic Psychological Report, issued after a number of interviews and several tests (Instituto Técnico
Forense, 2009).
For Family Law, psychiatric and psychological reports
are requested to solve several conflicts. In this respect
341
it is worth mentioning that in Uruguay there are
Family Courts specialized in domestic violence that
include multidisciplinary technical teams who perform
the requested expert examination. In 2010, a total of
15,006 cases of domestic violence were reported, 6,003
of which took place Montevideo.
Assessment of defendants less than 15 years of age
is done by Pediatrics Psychiatrists, without prejudice to
the participation of psychologists, as applicable. Also,
a few reports are prepared for civil or labor cases, the
object of which is to determine and assess psychological
harm.
In particular, in adolescent and family law, a social
examination is often requested by social workers.
29.4.1.4 Identification Department
The Identification Department is responsible for the
National Registry of Criminal Records. The department
does not participate in criminal investigation, although
it plays an important role by informing the courts about
the criminal record of the people accused of a crime,
which results in a mitigating or aggravating factor in the
sentencing phase, as applicable.
The history of this department begins earlier than the
creation of the Forensic Technical Institute. Originally,
it started being an “Anthropometric Identification and
Criminal Anthropology Office” (1896) and later turned
into an “Identification and Medico-Legal Studies Office”
(1907). The Alphonse Bertillon (1853—1914) anthropometric system, extended in those days, was used
throughout the initial phase. In 1927 the office became a
registry of the prosecuted and the Dactilloscopy File was
created, following the system created by Juan Vaucetich
(1858–1925).
Today, the National Registry of Criminal Records uses
the SiCo computer system that allows for the database
to be updated, criminal record spreadsheets to be issued,
the interface with all the courts in the country through
a modem enables dactylograms and photographs to be
sent, as well as prosecution statistics to be prepared and
different variables to be combined.
The number of prosecutions ranged between 10,000
and 112,000 a year in the last decade (Instituto Técnico
Forense, 2009).
29.4.2 Police Scientists (DNPT)
In Uruguay, the work done by police scientists is controlled by the National Bureau of the Technical Police,
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the institution responsible for criminal investigation that
involves criminology. While forensic doctors are responsible for assessing injured people and the victim’s corpses
in violent or apparently criminal events, the Technical Police is responsible for examining the evidence in
the crime scene and processing them in the laboratory.
Within the Uruguayan system, the police serve as an
auxiliary to justice, and it is the criminal judges who lead
the investigation.
The National Bureau of Technical Police comprises a
number of departments that are specialized in different disciplines and activities involving examinations, as
recently restructured. They are organized under the following divisions: Criminology Department and Criminal
Identification Department. All in all, 190 experts work
in this body, including administrative staff and assistant
experts (De Los Santos, 2000).
29.4.2.1 Criminalist Department
This Department includes the following divisions and
offices, the objectives of which are outlined below.
Examinations Inspection, Photography and
Planimetrics Units
The Examinations Inspection Department reports to the
Crime Scene Investigation Department. It carries out its
duty through teams of experts who perform the photographic and planimetric survey of the site, apart from
other experts as the case requires (e.g. ballistics, accidentology, etc.).
The experts aim to secure the scene, to document it
and to collect the necessary evidence for the investigation, after packing and labeling each item. This task
includes looking for subevidence or signs and latent
prints, with the aid of the appropriate light, metal detection devices and the collection of prints with cast or silicone molds.
As previously pointed out, the photographers in the
experts team of the Crime Scene Investigation Department record the findings by means of pictures or videos.
Since 2000 the digital technology caused the gradual
introduction of different software for the treatment of
images.
The Planimetrics Unit is responsible for preparing the
sketches at the crime scene, which are later processed by
computers to obtain plans to a scale. Also, the experts in
this division compose “spoken portraits” or “facial identification” based on information provided by witnesses.
The data provided by witnesses are processed with a
software and result in an electronic portrait (Grupo
Iberoamericano de Trabajo en la Escena del Crimen,
2010).
Ballistics Unit
The Ballistics Unit is responsible for examining the
firearms, as well as ammunition, projectiles and cartridges, in order to determine whether a certain projectile was fired by a certain person. In the last 20 years the
Ballistic Unit has examined 50,000 firearms confiscated
by the police, the vast majority of which were small arms
of civilian use, 22 calibers being the most common ones
(Rodrı́guez, 2009).
For external ballistics, experts study the trajectory of
the projectile and its effects. The department has a ballistics comparison microscope that enables the comparison
between cartridges and projectiles in sample shots and
dubious material. The equipment includes a video camera that is connected to a computer to digitalize images
and incorporate them into the examination report.
Additionally, the unit houses a 4,500 liter recovery
tank to shoot the projectiles into the water, slowing
them down and preserving the marks in the barrel bore.
This enables the examination and testing of witness projectiles with no accidental deformation to perform comparisons. A proving ground is also used to test firearms
(Figure 29.1).
Chemical and Biological Laboratories
The Biological Laboratory focuses on the identification
of spots and evidence, cadaveric specimens and filiation in criminal cases, through molecular genetics techniques, in particular polymorphic DNA typification. The
material received at the Biological Laboratory is processed according to a protocol to determine whether it
is a biological substance by means of gradually increasing specificity (probability, certainty and species). Subsequently it is amplified and then compared to a conclusive
sample collected by a buccal swab and preserved in an
FTA card. Mitochondrial DNA analyses are also done in
this laboratory when biological samples are too small.
In 2003, the Biological Laboratory completed 800
reports corresponding to DNA analysis, most of which
corresponded to criminal events in Montevideo (59% of
all analysis performed). The most frequent crimes whose
investigation required the support of the Biological Laboratory were the following: homicides (23%), crimes
Legal medicine and forensic science in Uruguay
343
Figure 29.1 Ballistics Unit of Police Scientists (DNPT) is responsible for examining the firearms, as well as ammunitions, projectiles
and cartridges (Courtesy of Ballistics Unit of DNPT).
against property (theft and burglary) (22%) and rapes
(16%).
Simultaneously, the Chemical Laboratory is responsible for the analysis of toxic substances requiring criminal investigation, usually abuse drugs or several inorganic toxics (such as arsenic, cyanide and chromium), or
organic toxics (such as pesticides, organochlorines and
organophosphates) (Linder, 2008).
Last, the laboratory collaborates in traffic accident
investigations, comparing glass fragments, earth, fibers
and paint and other signs left in the other vehicle, the
pavement, garments or the victim’s body. In terms of
dactyloscopic identification, it examines latent prints.
Road Accidentology Unit
This unit has been operative since 2000 and is responsible for accidentology examinations, mainly focusing
on traffic accidents, as requested by courts around the
country.
This kind of expert investigation implies a complete
examination of the vehicles that took part in the event,
including the brake system, the condition of tires, the
light system, the horns, the windshield wipers, the mirrors, the safety belts and load in the vehicle. It is also
essential to survey the site, as well as to collect fingerprints and signs both in the inner and outer surfaces
of the vehicles. Likewise the report includes a reference
to the weather, the lighting conditions, the road, traffic
signs and elements that, in spite of not belonging to the
scene, could have had an impact on the accident, such
as skid marks and speed calculations, among others.
The accident criminology examination involves onsite work, the subsequent study of vehicles in a sheltered
area and eventually the participation in the reconstruction of the event ordered by the judge.
Forensic ICT Unit
This unit became part of the National Bureau of Technical Police in 2005. It provides counseling to the judiciary
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Chapter 29
and any other public entity needing assistance in terms
of hardware, software, operative systems and the possibility of committing crimes with such equipments, as
well as the participation of certain equipment in the violation of the law, within a local network or the Internet.
The Forensic ICT Unit participates in cases of traditional crimes committed with the computing equipment
(as in the case of document forgery, crime against property through the Internet, child pornography and other
sex crimes) (Royes, 2008).
Documentology, Graphoscopy, Currency
and Trademarks Unit
This Unit is responsible for a number of tasks such as the
examination of local and foreign currency, the study of
signatures and several documents (passports, ID cards,
checks, credit cards) or the prints left by trademarks and
labels. The reports issued by this Unit are used in criminal and administrative investigations by public entities.
To that end, it houses the necessary equipment and
devices such as a video spectral comparator (VSC) featured with ultraviolet, infrared and blue illumination,
capable of identifying physical or chemical alterations
in the documents. It is also equipped with a microscope
magnifying glass and a documentoscopy, which are used
to detect alterations and forgery of currency and other
documents.
29.4.2.2 Criminal Identification Department
The Criminal Identification Department comprises two
divisions: the Criminal Investigation ICT and the
National Registry of Genetic Prints.
Criminal Indentification ICT
This division is responsible for identification through fingerprints. In the past, this task was under the scope of
the Dactyloscopy Decadactlilar Department, where the
fingerprints of all prosecuted and charged people in the
country were classified and filed, as well as those belonging to foreigners, together with the information provided by Interpol. The registry included around 300,000
files with the prints of the ten fingers of the hands of
the people with criminal records, as well as congenital
or acquired abnormalities in their hands.
Today, the manual search and identification has been
substituted by a computer automatized search, assisted
by the AFIS (Automated Fingerprint Identification System). In fact, in 2013, 300 cases were clarified thanks to
this identification system.
Genetic Prints National Registry
Act N◦ 18,849 of 2011 provided for the creation of
this registry, which reports to the National Bureau of
Technical Police with the following objectives: (1) to
contribute to the clarification of events under criminal
investigation, in particular those in connection with the
differentiation of responsible individuals, based on
the identification of the noncodifying genetic profile of
the DNA component; (2) to identify and contribute to
finding people who are lost, missing or dead; (3) to assist
in the resolution of court disputes or in connection with
the identity of actors or alleged actors in criminal events.
The law guarantees the confidentiality of information
and states that the registry is not authorized to keep DNA
samples (codifiable or noncodifiable). It further establishes that the department must dispose of all genetic
material. Information used for identification purposes
may only be requested by competent judges.
As provided by law, the National Registry of Genetic
Prints shall comprise the following three divisions:
a. Latents Genetic File Division: this division deals with
unidentified material obtained from signs and evidence collected in the crime scene.
b. Criminal Identification Genetic File Division: the
genetic profiles of the prosecuted by the competent
authorities are systematically filed in this division
under a codes system (anonymously).
c. Genetic File Division: this contains the identification
of staff belonging to the Ministry of the Interior and
the Ministry of Defense.
The National Registry of Genetic Prints uses the CODIS
(Combined DNA Index System) developed by the FBI.
29.4.3 University services
The University of the Republic has taken an active part
in the origin and development of Forensic Sciences in
Uruguay, not only in the training of human resources,
but also in developing expert examination.
29.4.3.1 Legal Medicine Department
The School of Medicine of the University of the Republic receives an average of 1,000 cases a year, being
Legal medicine and forensic science in Uruguay
requested to issue an examination statement for each
one of them. Judges in the various fields of law and
different public institutions, in particular the health
authorities, refer these cases to the University, seeking
expert support. As for casuistics, alleged medical malpractice cases lead the requests for examination, followed by traffic accidents.
Within this universe, a large amount of the work corresponds to the facilities offered by the Legal Medicine
Department. In medical malpractice cases, a Medical
Committee made up of doctors from the different fields
of medicine (legal medicine and the relevant specialization) issues the examination report, and in other cases,
assessment of body harm caused by traffic or work accidents – among other circumstances – is made.
Without prejudice of the work done by professionals
at the Forensic Technical Institute of the judiciary, Criminal Law refers to the Legal Medicine Department seeking judges’ technical counseling to solve complex cases,
such as serial crimes (as in the case of the “ nurse murderers”) or cases with a historical interest (the Leandro
Gomez case).
The Legal Medicine Department has participated in
the investigation of several cases of violation of human
rights during the civilian–military dictatorship (1973–
1985) at the request of public prosecutors, judges or
plaintiffs. Many of the cases were clarified and the cause
of death of political prisoners was found through the
“historical autopsy” method, described in a collaborative
study of the University of the Republic (Uruguay) and
the University of Valencia (Spain) (Rodrı́guez Almada
and Verdú Pascual, 2003). In this way, the death of
three political prisoners that had occurred within the
context of torture forty years before was clarified (the
Nibia Sabalsagary, Aldo Perrini and Iván Morales cases).
In another very notorious case of an unusual political
homicide with a poisoned bottle of wine, the historical autopsy failed to provide information on the evident cause of death, although it enabled two lines of
investigation to clarify the case to be suggested (the
Cecilia Fontana case).
Similarly, the Legal Medicine Department was called
to be part of a Medical Committee to clarify the case
of the first political murder by the civilian–military
dictatorship (the Ramón Peré case). In this case, the
assessment by experts at the Forensic Technical Institute and that performed by two experts hired by the
defense for the accused militaries were contradictory.
345
The Medical Committee, through the exhumation of
the victim’s skeletal remains, managed to determine
the circumstances of death (a shot in the back, the
bullet entering the body through a vertebrae), which
implied the resolution of the case. Also, at the request of
the Commission for Peace, an experimental study was
conducted on the cremation of the skeletal remains.
The Legal Medicine Department also collaborates with
other public agencies in expert examinations in connection with human rights. In that sense, it provides counseling to the National Institute of Human Rights and the
Ombudsman, in particular to assess the situation of adolescents who violated the law and are deprived of liberty. It also works with the Ministry of Education and
Culture deciding on the harm caused to former political
prisoners during the dictatorship by the state terrorism
regime, with the purpose of compensating them, as per
the provisions given in Act N◦ 18,596.
A further contribution of the Legal Medicine Department occurs within the framework of medicolegal consultations arising from the public sector health system,
both in primary healthcare centers and in reference
hospitals.
In Uruguay, a great deal of scientific investigation is
conducted by the University of the Republic, and the
Forensic Sciences is no exception. Although the Forensic Sciences are not the first priority for the funding
agencies, a few lines of investigation have been defined.
The investigation on the sudden unexpected death of
infants carried out for over ten years constitutes an
example (Rodrı́guez Almada et al., 1998, 1999, 2007,
2009; Mederos et al., 1998).
29.4.3.2 Donation and Transplant National
Institute (INDT)
The Cells, Organs and Tissues Donation and Transplant
National Institute is a combined public service (Ministry
of Public Health and University of the Republic), which,
given the specific nature of its activity, houses a qualified Immunogenetics and Histocompatibility Laboratory
to perform filiation studies. Since 2011, and thanks to
an agreement with the National Institute of Donation
and Transplant and the Legal Medicine Department, the
Genetic Forensic Unit was created in the facility of the
Immunogenetic Laboratory (Figure 29.2).
The specific unit is divided into pre-PCR, PCR and
post-PCR and is controlled by a video surveillance system. The work has been focused on several topics:
346
Chapter 29
Figure 29.2 Since 2011, and thanks to an agreement with the National Institute of Donation and Transplant and the Legal Medicine
Department, the Genetic Forensic Unit was created. Source: Courtesy of National Institute of Donation and Transplant (INDT). Creative
Commons – By Non-commercial Share Alike.
a. Paternity and kinship cases with blood samples. The
National Institute of Donation and Transplant Laboratory has resolved more than 9000 paternity cases
(more than 27,000 persons were tested). The number of blood samples studied in the last five years
are the following: 2013 – 1263 cases, 2012 – 899
cases, 2011 – 906 cases, 2012 – 1107 cases, 2009 –
901 cases.
b. Paternity and kinship cases, with skeletal remains –
15 cases.
c. Forensic cases related to identification – 14 cases.
d. Genetic Samples Bank to solve cases of the missing –
samples from 213 families.
The Unit is formed by staff who are specialized in
clinical laboratory procedures and also have specific
training in forensic sciences. Table 29.4 presents the
laboratory equipment and software available. The
Laboratory periodically participates in quality control
processes of the SLAGF (Sociedad Latinoamericana de
Genetica Forense – Latin American Society of Forensic
Genetics) and ISFG-GE (Grupo Español y Portugués de
la Sociedad Internacional de Genética Forense – Spanish
and Portuguese Group of the International Society of
Forensic Genetics).
29.4.3.3 Other university services
According to the Uruguayan legislation, courts may
request counseling from the different public agencies, and thus the different services belonging to the
University of the Republic are called on to provide
information on technical issues and are asked to prepare
expert reports.
With the purpose of this outline to be complete, the
work done by the School of Humanities and Educational Sciences is worth mentioning, whose work supported the investigation of the crimes committed under
Legal medicine and forensic science in Uruguay
Table 29.4 Genetic Forensic Unit: Laboratory Equipment and
software available
Sequencer and Fragment Genetic Analyzer – ABI 3130 XL, 4
capillaries
Real-Time Thermal Cycler – 7500 Real Time PCR System
Automatic Thermal Cyclers – 2 units Gene Amp 2700, 1 unit
Master Cycler Nexus Gradient Eppendorf, 1 unit Genius, and
1 unit Perkin Elmer 2400
Genetic Data Analysis software – Gene Mapper 3.2 software
An integrated software package for DNA identification – DNA
view and Pater (Charles Brenner)
Spectrophotometer for nucleic acid – Nanodrop 1000
Automated equipment for DNA extraction – 6100 Nucleic Acid
Prep Station
Laminar flow chambers
Other equipment: Freezer – 80–20 ◦ C, refrigerators,
microcentrifugals, vortex, scales, thermal baths, magnetic
stirrers, reverse osmosis equipment, phmeters, microwave
oven, electroforesis equipment, transilluminator, automatic
pipettes and other accessories for molecular biology
techniques
the state terrorist regime. In fact, in 2005 the Presidency of the Republic and the University of the Republic entered an agreement to investigate the violations of
human rights in the recent past and to learn about the
final destination of the missing prisoners. Within this
agreement, the University of the Republic was responsible for contributing the work teams needed to cover the
objectives set. In this way, two work teams, a historical
and an anthropological one were formed at the School
of Humanities and Educational Sciences.
The historical compilation work by Rico and collaborators (Rico, 2008) constitutes a milestone in the investigation of these topics, in particular in connection with
the final destination of the victims who were forced
to disappear and political murders. The same historical investigators had conducted a compilation work that
resulted in an official reports on the missing prisoners
(Presidencia de la República, 2007).
The archaeological group focused on finding the
burial sites (López Mazz, 2006). Until now, there
are records of 175 Uruguayan people missing, who
disappeared in Uruguay. So far, the archaeological
search managed to find the remains of four of them:
Fernando Miranda (2006), Ubagesner Chávez Sosa
(2009), Julio Castro (2011) and Ricardo Blanco (2012).
Their identification was confirmed by DNA tests done
347
in national and Argentine laboratories. The reports on
the causes and circumstances of death were prepared
by forensic doctors appointed to work on the cases.
29.5 Future directions: reflections on
the challenges of the forensic
sciences in Uruguay
This outline shows that forensic science in Uruguay lacks
both human and material resources and that these are
concentrated in the capital city. However, the main challenge lies in the training and education of staff rather
than in acquiring special equipment. The experience
in Uruguay proved that when sophisticated technology is handled by staff who are not sufficiently trained
there may be mistakes in interpretation. Likewise, a
large majority of cases may be adequately solved with
basic equipment, provided there are well informed and
trained forensic professionals. Therefore, it is understood
that a great goal in Forensic Sciences in Uruguay is for all
forensic doctors in the country to be specialists in legal
medicine, and for other professionals to receive specific
training in forensic methodology.
Without underestimating the negative effect of
bureaucratic and cultural obstacles, or the impact of
institutional inertia, countries like Uruguay have a
limited budget. In fact, the budgets of the judiciary,
the Technical Police and university services are defined
every five years, once they are approved by the two
chambers in the Congress. Forensic science is not seen
as a priority by the public powers.
A further weakness that has already been addressed
and is gradually improving is the need for an appropriate
and well articulated national plan for disaster management. The forensic area of disaster and the management
of corpses are still under development in spite of there
being a National Emergency System in the country in
order to plan and organize a response to disasters and
perform drills. In 2012 the Forensic Technical Institute
created a work team to make progress on protocols for
action, which are to be articulated with the National
Bureau of Technical Police. In addition to this, ever
since it was created, the Legal Medicine Department
of the School of Medicine at the University of the
Republic is a member of the Iberoamerican Network
of Legal Medicine and Forensic Science Institutions,
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Chapter 29
Figure 29.3 The Legal Medicine Department of the School of Medicine at the University of the Republic is a member of the Spanish
and Iberoamerican American Network of Legal Medicine and Forensic Science Institutions. The photograph shows a simulacrum of
an identification in a mass disaster in Bogotá, Colombia, in 2009. Source: Courtesy of Hugo Rodriguez Almada.
which, along with the Red Cross aims to encourage the
articulation and cooperation in the region in the event
of mass disasters (Figure 29.3).
Acknowledgments
José Azambuya (DNPT), Milka Bengochea (INDT), Jorge
Echeverry (DNPT), Williams Garcı́a Lafont (DNPT),
Mónica Etcheverry (ITF), Grisel Fernández (DNPT),
Noriko Hikichi (ITF), Nelly Mañay (ITF), Domingo Perona (ITF) and Patricia Porley (ITF).
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C H A P T E R 30
Conclusions: global common themes
and variations
Douglas H. Ubelaker
Department of Anthropology, National Museum of Natural History, Smithsonian Institution, Washington, DC, USA
This volume provides perspective on the Global Practice
of Forensic Science from a sample of 28 countries
located within the continental areas of Africa, the
Americas, Asia, Australia and Europe. I express my
gratitude to the 63 authors working in these countries
who took time from their busy schedules to synthesize
key information related to the practice of the forensic
sciences in their geographic areas. Although they all
have demanding work schedules and responsibilities
and are well respected and productive scholars, they
found the time to meet the deadlines required to
produce this volume. As a result of their professional,
enthusiastic response and effort, key information is now
available on the global practice of forensic science.
Of course, it was not possible to assemble in one book
perspectives from all countries of the world. The selection provided here was designed to sample the practice of forensic science from different continental areas
and from a variety of countries with distinct histories
and forensic academic traditions. In each case, however, authors were selected who have demonstrated
remarkable professional productivity and awareness of
the breadth of forensic activity in their countries. The
chapters represent a case in point of their scholarly abilities and perspective.
As indicated in the introduction, authors were provided with suggested guidelines on the structuring of
their chapters and topics to consider for inclusion. Some
authors closely followed these suggestions while others chose alternative organization. Likewise authors varied in the extent to which they attempted to provide
overviews of all areas of the forensic sciences versus
those areas closest to their own expertise. The collective
result of their efforts, however, is a remarkable assemblage of information related to the theme of the volume.
Their work reveals patterns that are shared globally in
both history and current practice. The chapters also indicate considerable variation in the structure, integration,
processes of training and certification and funding issues.
30.1 History
30.1.1 Deep roots
Scholars in some countries detect very deep roots to the
practice of forensic science. In Egypt, forensic expertise
is identified in Imhotep (2667–2648 BC) who served as
physician to the Pharaoh Zoser. References to forensic
science can be found in ancient texts in India and in
the Middle Ages in Switzerland. The first reference to
medicolegal issues in Spain has been detected at 642 AD.
In Korea, a text on forensic medicine was published in
1438 through annotation of an even earlier Chinese document. The first autopsies were recorded in Mexico in
1576, Uruguay in 1760 and Turkey in 1768.
30.1.2 Political history
It can be argued that forensic development in all countries relates to their particular political history and
related global influences. Political history plays an especially prominent role in the advancement of forensic
science in Estonia, Hong Kong, South Africa, Turkey
and Singapore. Both Hong Kong and Singapore represent former British colonies, with the latter gaining
independence in 1965. As such, both countries reveal
strong linkages with the United Kingdom in training
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
351
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Chapter 30
and forensic practice. South African history includes
Dutch colonization but also with strong English influences. Turkey’s geopolitical global positioning allowed
for French, German and recent United States influence.
Until 1944, Estonia was part of the Soviet Union and
relied heavily on Soviet training and forensic practice
organization.
30.1.3 Academic linkages
Many of the scholars in this volume trace the origins
of forensic science in their countries to academic developments, especially focused university instruction. As
early as 1532, Germany established a legal code calling
for consultation of specialist doctors with specific university training. In Hungary, creation of the first faculty of forensic medicine extends back to 1793. In the
early 19th century, forensic-related university coursework and faculties were established in Argentina, Chile,
Denmark, Egypt and Germany. Also in the 19th century,
Japan, Mexico, and Uruguay established universitybased forensic programs.
Many of the chapters cite scholarly publication as an
early stimulus for the development of forensic science
(e.g., the Royas 1936 publication on Legal Medicine in
Argentina). Also the linkage between academia and the
practice of forensic science has been a significant factor
throughout the global development of the discipline. In
Australia, such linkage has been a specific target of Royal
Commission decisions. In the United States, it has been
a key factor in recent discussions related to the critical
report of the National Research Council.
30.1.4 Case influences
Throughout the global history of forensic science, individual cases, especially controversial, high profile cases
have played significant roles in stimulating progress.
To a large extent successful case applications have
proven to be a powerful stimulus for advancement in
demonstrating how science applications can contribute
in positive ways.
Advancement has also been stimulated by problems in
forensic science that have emerged and been recognized
through case applications. In many countries, efforts to
fix recognized problems in forensic science have led to
positive advances. In Australia, examples of the Gun Ally
Murder in 1921, the Edward Splatt case in 1978 and the
Chamberlin convictions in 1980 all revealed shortcomings in forensic science that stimulated corrections in
the form of major advances. In Chile, forensic problems
related to the 1909 German Legation developments and
the Patio 29 analyses subsequent to the 1973 military
coup all stimulated considerable reform in forensic procedure and training. Also noteworthy in this regard is
the 1727 fatal shooting case in Denmark and case development discussed in the Hong Kong chapter. Much of
the current discussion in the United States results from
perceived shortcomings of some areas of forensic science
related to specific case applications.
30.1.5 Facility development
Nearly all of the country chapters relate the historical
development of forensic science to the establishment of
specific facilities. Clearly, progress and development of
global forensic science is historically linked to the establishment of organizational structure, laboratories and
related central facilities. The following is a listing of the
chronological development of key institutions/facilities
in different countries. The dates reflect the year of
establishment.
1827 Police Doctors, Uruguay
1849 Chemical Examiner’s Laboratory, Madras, India
1886 National Institute of Toxicology and Forensic
Sciences, Spain
1896 Judicial Morgue, Argentina
1902 Scientific Section of the Police, Italy
1903 Creation of the Forensic Service, Mexico
1904 Toxicology Laboratory, Japan
1908 Anthropometric Office, Finland
1909 Forensic Medical Institute, Chile
1913 Forensic Medicine and Sciences Institute,
Turkey
1913 Forensic Laboratory, Montreal, Canada
1914 Central Bureau of Legal Medicine, Bogotá,
Colombia
1921 Cabinet of Forensic Science, Estonia
1922 Police Technical Laboratory, Denmark
1923 Los Angeles Crime Laboratory, United States
1926 Crime Investigation Centre, Finland
1929 Chicago Crime Laboratory, United States
1945 National Forensic Laboratory, The Netherlands
1948 American Academy of Forensic Sciences, United
States
1948 Building constructed to support forensic work in
Bogotá, Colombia
1955 National Forensic Service established as an independent unit, Korea
Conclusions
1980 Department of Forensic Medicine, Dubai
1982 Building Construction for the Department of
Forensic Medicine, Dubai
1991 National Institute of Forensic Science, Australia
1991 National Institute of Legal Medicine and Forensic Sciences, Colombia
2008 Forensic Science Institute, Estonia
The above list represents key historical developments
related to structure expressed in the country chapters
in this volume. Of course, each country has a long list
of historical developments that influenced the development of forensic science. The formation of specific
central forensic units and the physical structures to
house them represent important global elements in the
progress of forensic science.
The country chapters also reveal that while each country has its own particular forensic history, global connections are apparent throughout. These connections
reflect geopolitics and general developments in forensic
science, as well as personal contacts and relationships of
individual forensic scientists.
30.2 Types of cases
In general, the country chapters reveal that the types of
cases investigated relate closely to the individual forensic specialties. The major areas of case investigation are
shared globally with a particular increase in demand for
analyses related to DNA, controlled substances, toxicology and digital evidence.
Comparison of statistics by country is complicated by
variation in reporting styles. Variation is noted, however, in information provided by some countries in the
nature of autopsies and general forensic investigation of
criminal activity. For example, Argentina reports that
the major focus of autopsies is accidental (54%) followed by suicides (24%) and homicides (22%). Further
north in Latin America, Colombia reports that of violent deaths, most (56%) are attributed to homicide, followed by traffic accidents (22%), accidental (10%) and
suicide (7%), with access to firearms cited as a major
contributing factor in the high rate of homicide. Nonfatal injuries in Colombia mostly resulted from interpersonal violence, followed by domestic violence, transportation incidents, sexual incidents and accidents. In
contrast, Denmark statistics reveal that most autopsies
focus on accidental deaths, followed by natural, suicide
353
and homicide, with rape investigation also a major
initiative.
Australia reports that breaking and entering represents the primary focus of forensic case investigation,
followed by motor vehicle theft, robbery, sexual assault,
kidnapping/abduction, murder, attempted murder and
manslaughter.
In Dubai, forensic clinical examinations most assessed
individual injury, followed by sexual crimes, age assessment, various medical issues and criminal abortions.
Most injuries involved interpersonal violence followed
by domestic issues. The most common manner of
death was natural followed by accidental, suicidal and
homicide.
In Estonia forensic investigation most commonly
involved toxicology followed by criminalistics, medical
and psychiatric evaluations.
The Finland chapter relates primary forensic investigation into issues of drunken driving followed by drugs,
fingerprint analysis, document examination and arson
investigation.
Statistics from the United States reveal that crime
laboratories mostly conducted DNA analysis, followed
by the investigation of controlled substances and
toxicology.
30.3 Structure
Organizational structure represents a key element
in the practice of forensic science globally. Most
countries represented in this volume trace important
elements of their history in forensic science to the formation of organizational structure and the facilities to
house them. Such organizations are needed to provide
centralized equipment and qualified staff to meet the
casework requirements in their areas. Variation in structure relates to the particular histories of forensic development in individual countries, as well as their relative
size.
A common model, especially in larger countries, consists of large central facilities with regional branches
where needed. Examples consist of the Chilean Forensic Medical Service, the Instituto Nacional de Medicina
Legal y Ciencias Forenses in Colombia, the Department
of Forensic Science and Criminology associated with
the Dubai Police in Dubai, United Arab Emirates, the
Estonian Forensic Science Institute, the Hong Kong
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Chapter 30
Government Laboratory and the Health Sciences Authority in Singapore. Such central units offer the equipment
and expertise to address specialized forensic problems
and regional applications as needed.
Somewhat more complex models consist of multiple
central facilities divided along discipline lines. Such division is especially common between legal medicine practice and that involving application more closely allied
with police activities. For example, in Argentina the
activity of forensic doctors of the Judiciary are separate from specialists of the police and security units.
In Denmark, pathology-related activity is centered at
university institutes while other forensic work is associated with police units. Egypt features three government structures, the Egyptian Medicolegal Authority,
the departments of Forensic Medicine and Toxicology
and the General Administration for Criminal Evidence
Investigations. In Finland, structures consist of the Central National Bureau of Investigation and the Forensic Medicine Unit of the National Institute for Health
and Welfare (associated with university medical schools
in five cities). Hungary forensic structure includes five
types of institutions: the National Institute of Forensic
Medicine, medical universities, a network of forensic science institutes, police criminal forensic medical services
and a Board of Forensic Medicine Experts of the Health
Scientific Council. Structures in India consist of the Central Forensic Science Laboratories in different regions
and the departments of forensic medicine in the Ministry of Health and Family Welfare. Forensic science in
Korea is centered in the National Forensic Service, the
Prosecutor’s Office, the military and the Coast Guard.
The Netherlands has the National Forensic Institute with
related activities in the Dutch National Police, universities and commercial forensic institutes. Switzerland lists
five Institutes of Legal Medicine with units of forensic medicine, traffic medicine, toxicology, chemistry and
genetics coupled with two Institutes of Forensic Science.
Forensic science in Uruguay is centered in the Forensic Technical Institute of the Judiciary, National Bureau
of Police Investigation and university-based academic
services.
More decentralized forensic activity seems to prevail
in most other countries represented in the volume.
Distribution of forensic services in regions within the
country is featured in Australia, Canada, France, Italy,
Japan, Mexico, Spain and South Africa. In Turkey, laboratories are associated with the police and Gendarme
forces and legal medicine is concentrated in the Forensic
Medicine Council with its regional branches. The United
States has the Federal Bureau of Investigation forensic
laboratory and the forensic facilities of the Bureau of
Alcohol, Tobacco, Firearms and Explosives, but most
forensic work is distributed through state facilities supplemented with many private experts. German forensic
science is associated with universities and public health
organizations.
30.4 Integration of forensic science
Relatively few of the chapters directly addressed the
issue of the integration of information in forensic
casework. Presumably, integration is provided by the
legal process, especially by the office of the prosecutor
in most countries, as noted specifically in Japan. The
Netherlands chapter also notes the key role of the prosecutor in integration of evidence, also citing the police.
In Spain, integration is generally lacking until court
proceedings. Turkey also notes the role of the prosecutor
and adds that this structure creates a problem for the
defense. The Australia chapter notes limited integration
of forensic evidence prior to court proceedings, with the
exception of some homicide cases in which conferences
may be held to make decisions on needed analysis.
In Colombia, the various forensic functions are centralized in the National Institute of Legal Medicine and
Forensic Science. However, even there, major responsibility for integration of reports and evidence within an
individual case rests with the office of the prosecutor.
The most comprehensive approach to integration of
diverse forensic analyses in report writing comes from
Chile. The Chilean system uses a model integrated investigation report highlighted in both the human rights
division and the special forensic identification units of
the Forensic Medical Service. Analyses are independently conducted by specialists but then results are compared, discussed and integrated into a final report.
30.5 Recruitment/training
The extent and types of recruitment and training
correlate closely with specific disciplines. For laboratory
positions, most countries report a mix of in-house
training and recruitment from local universities. In
Conclusions
Australia, a minimum requirement is the Bachelor of
Science degree. In Columbia, education requirements
are supplemented with a rigorous process of resume
review and verification, interviews and testing. In Hong
Kong, applicants must pass the civil service examination
and meet language requirements in both Cantonese and
Chinese. In The Netherlands, knowledge of the Dutch
language and a certificate of good conduct supplement
the hiring requirements.
In the fields of forensic pathology, forensic medicine,
and odontology forensic training to supplement the
standard degrees is required in most countries. For
forensic medicine/pathology postdegree training in
forensic applications is six months in Egypt, two years
in Mexico, three years in Columbia and Uruguay, four
years in Turkey and five years in Australia and Hungary.
Medical school training in forensic medicine is required
in France, Hungary and Switzerland.
Linkages with training and degree programs vary considerably both among disciplines and among countries.
University training is most common in the fields of
forensic medicine, odontology, anthropology, toxicology, DNA analysis and entomology. In other fields of
forensic sciences training may also be provided by the
hiring organization with recruitment from within existing personnel.
In most larger countries, programs in forensic science are reported within major universities. This is especially noted in Australia, Colombia, Germany, Hungary,
Japan, Korea, The Netherlands, Spain, South Africa,
Switzerland, Turkey and the United States.
The global trend seems to involve an increase in
university-based graduate programs in forensic science.
With the increase in these programs, forensic institutions rely more heavily on them for recruitment
and training purposes. This university-based growth in
forensic education reflects increasing awareness of the
value and employment opportunities of forensic science
as well as strong student interest in this area of science
application.
30.6 Funding
Sufficient funding for forensic science represents a global
issue. All countries represented in this volume face
major challenges in securing adequate funds for personnel, equipment, structures, research, training and
355
related areas of forensic science. Government funding of
major units of forensic science is nearly universal; thus
forensic budgets are in competition with other priorities.
Core central budgets are supplemented with service fees
in Colombia, Estonia, Germany, Hungary, Japan, The
Netherlands and Singapore. Turkey reports significant
income additions from insurance companies and private
attorneys.
In some countries, specific events or developments
have triggered funding largely designed to correct
apparent deficiencies in forensic science. For example,
Argentina reports that a 1992 terrorist attack resulting
in 85 casualties brought to light problems in forensic science that stimulated funding increases.
The Patio 29 incident and related developments in
Chile revealed a need for forensic science reform,
especially in the identification process. Funds were
subsequently appropriated to substantially modernize
facilities, train personnel and institute other reforms.
Australia reports that budget concerns have led to
outsourcing of some services. This practice represents a
global concern as those in administrative control assume
more of the business model in the practice of forensic science. Research is especially at risk with budget
reductions and increased emphasis on a fee for service
approach.
30.7 Political influences
Practitioners globally agree that forensic scientists apply
their science to evidence and cases in an independent
fashion. Generally, there is a lack of political influence in
direct forensic analysis and interpretation. Forensic scientists are conscious of the need to do their work in an
independent fashion and strive to limit bias factors. This
point of view is articulated especially in the chapter from
Hungary.
However, it is clear from the history sections of many
chapters that the practice of forensic science today, especially relating to training and structure, reflects to a large
extent geopolitical history. Even today, as noted in the
chapter on the United States, politics and funding for
forensic science are closely connected. The indirect influence of politics on the practice of forensic science relates
to decisions on priorities of service and budget, as articulated in chapters on Japan and Turkey. In Australia and
Chile, political decisions for funding were made to effect
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Chapter 30
forensic reform and change in the aftermath of perceived
problems. Since funding in most forensic units globally is
channeled through budgets of governments, police units
and universities, they are vulnerable to political influences affecting administration and governing.
The dynamic interplay of politics and forensic science
perhaps can be viewed most clearly in Latin America,
especially in the chapters from Argentina and Colombia. The Argentina chapter reports that since 1930 the
country’s democratic system has been replaced six times
through military coups d’états. The period between 1976
and 1983 was especially challenging with apparent compromise of the independence of aspects of the legal system and also elements within the practice of forensic
science. The Argentine chapter relates the sad account
of the many citizens who experienced forced disappearance at that time and how the work of some forensic
scientists likely was compromised as well. These events
led to the formation of the Argentine Forensic Anthropology Team with a nongovernment, independent
affiliation.
The Colombia chapter notes that in that country
continuous armed conflict has been present for over
50 years. Such strife has involved the government
in different ways over that period, providing a very
challenging context for the practice of forensic science. Our Colombian colleagues relate how forensic
science has attempted courageously to maintain independence throughout that period. The challenges have
even involved direct security issues, especially for those
working in remote areas.
30.8 Certification, accreditation, and
quality control
Quality control represents a global concern in the practice of forensic science. All countries strive in their own
ways to ensure that those handling and interpreting evidence are qualified to do so and the work is done in
an adequate facility. However, structural approaches to
these issues vary greatly within countries and within
disciplines.
Australia reports certification procedures for those
working in crime scene investigation, fingerprint identification and firearms. Certification includes examination followed by recertification procedures. Laboratory
accreditation is in place with procedures following those
outlined in ISO/IEC 17025.
Such procedures are not required in Canada, but
accreditation is accomplished also by the ISO/IEC 17025
provided by the Standards Council of Canada and
ASCLD/LAB.
In Hungary, all forensic experts need to be certified.
All laboratories of DNA and toxicology are accredited.
Accreditation is noted to be in place in Germany,
Turkey and The Netherlands but only for two laboratories in South Africa and only for laboratories of DNA
and forensic medicine in Spain. Colombia reports that
17 laboratories are accredited in the country.
In Korea, accreditation is also based on the ISO 17025
standards.
The Singapore chapter relates that certification procedures are in place and laboratory accreditation is accomplished by ASCLAD/LAB.
Processes for certification and accreditation and
related quality control measures are in place in Chile,
Dubai and Estonia.
Mexico cites certification procedures for Legal and
Forensic Medicine practitioners.
In the United States, most disciplines offer certification
procedures and extensive efforts of laboratory accreditation have been made. Nevertheless concerns of quality
control and bias factors persist. Discussions continue on
structural and procedural mechanisms for advancement.
30.9 Technology
Along with trained personnel, technology represents a
key measure of forensic progress in many countries.
The Finland chapter notes that when its Anthropometric
Office began in 1908 it contained only one expert whose
“only tool was a light microscope.” It is likely that this
account could be repeated in many countries and serves
to contrast the technology available in the early days
with the forensic science of today. Many of the major
historical advances in the forensic sciences are technological in nature. Accordingly, many of the country
chapters mention key technological acquisitions in their
accounts of historical progress.
Technology also represents an issue that shows considerable global variation and closely relates to the size
and resources of particular countries and institutions
within them. Technology is very much about expensive equipment. However, it also involves costly maintenance and the necessary personnel training for successful operation. For example, India reports success
Conclusions
357
with technological acquisition but deficiencies in trained
personnel for operation and maintenance. These issues
are articulated in various ways in the other country
chapters and reveal close linkages with funding and
structure.
The Australia chapter also notes the related issue of
information technology and data management. There,
a trend is noted toward miniaturization and mobility of
equipment, as well as the need for electronic communication. The Finland chapter reminds us that technology
also concerns laboratory automation, data systems and
electronic archiving.
The mobility factor is also discussed in the Colombia
chapter. In Colombia, as in some other countries, major
equipment is concentrated in the central facilities, complicating access to those working at long distances.
The Spain chapter notes that technology access varies
in different institutions within the country. In countries
and institutions lacking resources for acquisition of key
equipment, collaboration with others can prove to be
helpful. This approach is addressed particularly in the
Netherlands and Singapore chapters.
Mexico: The National Center for Disasters Prevention
is available to assist.
The Netherlands: a plan for disaster preparedness has
been in place since 2005.
Singapore: units have been formed and include periodic training.
Spain: in 2009 professional roles were defined by law.
South Africa: in 2002 the National Disaster Management Act was passed.
Turkey: teams have been organized and need only six
hours of preparation for availability.
United States: units available include those of the Disaster Mortuary Operational Response Team, Armed
Forces Medical Examiner System, National Transportation Safety Board, and the Federal Bureau of
Investigation.
The efforts and teams listed above are available as
needed within their countries. Teams in many countries
also have assisted in the aftermath of disaster events in
other countries as well. Such international cooperation
was especially noted in the chapters on Chile, Denmark,
Italy and Singapore.
30.10 Disaster preparedness
30.11 Legal issues
Many countries report either existing disaster preparedness plans or efforts in place to form them (e.g.,
Hungary). The following presents a partial listing of the
plans outlined for some of the countries in this volume:
Argentina: the Emergency Master Plan for Buenos
Aires.
Australia: the Disaster Victim Identification Committee. National training classes are conducted regularly and Interpol guidelines are followed. The
Chemical Warfare Agent Laboratory Network is also
in place in case of chemical attack.
Colombia: A National Disaster Plan is in place with
regular training. Implementation is decentralized
with units in eight regions.
Denmark: the Disaster Victim Identification Team is in
place.
France: A disaster victim identification unit exists
within the Gendarmerie.
Italy: A unit exists for the Identification of Victims of
Great Disasters within the Carabinieri.
Japan: In 1997 the Japanese Society of Legal Medicine
formed the postmortem examination supporting
system.
Since the important work of the forensic sciences is conducted in a legal context it can be argued that all aspects
present legal issues. However, those singled out for discussion in the country chapters primarily relate to the
general model for testimony, rules relating to the admission of evidence and expert qualifications.
In all chapters both the judge and prosecutor are cited
as key figures in the legal process. In general, the prosecutor has the responsibility to assemble the forensic
evidence used against the accused and to organize the
presentation of that evidence in the court. The judge
regulates this process and makes decisions that directly
impact the course of court events. Variance can be seen
globally in the role of the defense. Most countries in
North America and Europe, as well as Australia, Japan
and Singapore, employ an adversarial system that allows
for witness cross-examination, defense presentation of
experts and independent analysis by defense experts.
In contrast, the United Arab Emirates and other Arab
countries employ the inquisitorial system. This system
places responsibility for the organization and presentation of evidence in the hands of the prosecutor. The jury
system is not employed in any of the Arab countries.
358
Chapter 30
The countries from Latin America represented in the
volume report that a transition is generally underway
from an inquisitorial model toward elements of an
adversarial system. The Argentina chapter describes the
current process as “a mixed, semi-adversarial system.”
The Chile chapter notes that since 2000 AD a shift has
been underway to allow a public defense entity. Mexico
indicates control by the judge but that the system is
moving toward an adversarial jury system. In Colombia,
court proceedings relating to forensic testimony can
include expert cross-examination with technical support
provided to both the prosecution and the accused.
Considerable variation exists in the extent to which
rules are defined regarding expert testimony and the
admission of evidence. In Germany, the emphasis is
upon oral debate in the courts and expert independence.
Italy features court (judge) appointed experts. In The
Netherlands, the role of the expert is carefully defined,
with the judge deciding if the appointment of experts is
appropriate in each case. In the United States, court decisions have been registered that relate to scientific testimony and the introduction of evidence but the different
states vary in the extent to which they rely upon those
decisions.
30.12 Research
Most topics of research interest are of global concern
and involve many international teams and projects.
Research remains a strong activity of individual scientists
who work in both academic and applied institutions.
Research sponsored by particular institutions tends to
follow the casework needs and priorities of those units.
The limiting issues are articulated in the Australia chapter: lack of funds, lack of time and lack of research
experience. While these general features are shared
globally, most countries report specific factors in relation to research. These are generally summarized in the
following discussion.
In Australia, recognized research categories consist of
validation of new methods, bringing technology from
other science areas to focus on forensic applications and
new knowledge. Recent grant history includes attention
to specific issues.
Canada reports no central funding source for research.
Research reflects individual initiatives, frequently with
university or grant funding from a variety of sources.
In Chile, most research in the forensic sciences is conducted within police units. The laboratory units of the
police organization employ forensic scientists who conduct research to strengthen their scientific methodology.
Colombia reports a formal program for research
including a key publication outlet. Eight areas of research are featured for funding.
In Estonia, research structure and defined topics of
interest are listed within the Estonian Forensic Science
Institute.
The National Bureau of Investigation in Finland lists
a program of research and development but indicates
that minimal basic research is conducted there. Most
forensic research in Finland is international in scope
and conducted through participation in collaborative
projects.
The pattern in Hungary consists of a mix of both
national and international projects. As in most countries,
a variety of institutions are involved.
India reports that most research is concentrated in
universities. As in most universities, professors are evaluated on the extent of their research publications.
In Italy, research is conducted in diverse institutions.
Recent years have witnessed an increase in research
activity and publication.
Japanese research is concentrated in both the universities and police units. Institutional research is closely
related to their particular missions.
Research and development in Korea recently has been
augmented by funds supplied directly by the Korean
government.
In The Netherlands a research and development program is featured in the Nederlands Forensisch Institut.
This program targets seven major research issues.
Singapore reports considerable research activity
broadly focused in various institutions within the
country.
Research is predominately university-based in Spain.
South Africa indicates that many discipline-specific
research projects are underway.
In Switzerland, research is largely concentrated within
university institutes.
In the United States, research is a robust and diverse
activity involving many individuals and institutions. The
major funding source of forensic science research has
been the National Institute of Justice, located within
the Justice Department at the federal level. Like central funding organizations in other countries, they target
Conclusions
general areas of research need that have been defined
by the forensic science community of scholars and
practitioners.
30.13 Future directions
Our chapter authors varied considerably in their
responses to the suggestion provided to address key
challenges and apparent trends. Those who responded
generally presented a mix of major needs and existing problems coupled with some assessment of developments likely to be sustained in the future. As noted in the
Germany chapter “predicting the future is no easy matter.” Nevertheless, many concerns, developments and
wish lists are shared by many countries and offer some
grounds for hopeful prediction.
The major issue listed in most countries involved
some aspect of laboratory accreditation, quality control,
and protecting the security of evidence. These issues
were particularly cited in Colombia, Egypt, Estonia, The
Netherlands, Japan, South Africa and the United States.
Accreditation was a concern even in some countries that
currently have it for major laboratories. The apparent
goal is to expand accreditation to smaller units or to disciplines that currently lack it. Colombia, Estonia and The
Netherlands also list improved certification as a related
goal. These countries note the need to establish minimum standards for individual practitioners in a variety
of forensic disciplines.
Improved training represents another global concern
and likely area for future improvement. Enhanced training is desired by forensic specialists in Finland, Hungary,
Korea, The Netherlands, South Africa and Uruguay.
These chapters generally note the shortage of trained
specialists in some forensic fields and the need to make
forensic science sufficiently attractive to entice and
maintain key personnel. Authors relate that technology
acquisitions must be accompanied by personnel trained
to maintain and use them.
Training is also needed for nonforensic specialists in
law enforcement and the justice system. Such training
is needed to improve how forensic science is utilized in
the justice process (Turkey and Japan). Education relates
not only to the many positive ways that forensic science
can contribute but also its limitations. This general educational initiative was especially apparent in the chapters
359
from Estonia, Hungary, Japan, Korea, The Netherlands
and the United States.
Integration represents another area of major concern. Discussions of the need for enhanced integration related both to activity within the practice of
forensic science (note the Italy chapter) and between
forensic practitioners and academics in the university
system (Egypt, Japan, Korea and Spain). Many countries note a hiring trend in forensic science laboratories
and disciplines to utilize those trained in universities.
This positive trend requires that university professors
are cognitive of laboratory needs and the actual applications of the science being taught. Improved linkages
between universities and forensic laboratories are also
likely to enhance research initiatives related to forensic
applications.
Predicted future directions in the United States closely
follow the recommendations of the frequently cited
2009 report of the National Research Council. Basically,
the report calls for a national plan for forensic science
with augmented federal organization and funding. The
need for a similar plan and commitment also was noted
in the chapters on Argentina and Australia.
Many of the country chapters noted that technology,
trained personnel and general forensic capability were
concentrated in major urban centers. A current need
and likely future direction is to augment this central
resource in ways that better meet needs throughout the
country. This development involves regional centers,
more rapid response and quality work in rural areas
and more mobile use of technology. Such issues are
especially noted in the chapters from Australia, Chile
and Colombia.
Disaster management and resources to address mass
fatalities represents a concern facing many countries. While many regions have disaster preparedness
plans in place, it remains an area in need of attention. Future developments in augmenting capability to
respond to disaster events were noted especially in Chile,
Colombia and Egypt.
Needs and likely future directions related to many
other aspects of forensic science. Examples include
enhanced molecular and virtual autopsy (Australia and
Colombia), improved and more regular international
cooperation (Chile and The Netherlands), more forensic resources directed toward child abuse and sexual
crimes (Chile and Colombia), improved use of statistics (The Netherlands and South Africa) with enhanced
360
Chapter 30
studies of validation and error rates (Australia and the
United States), improved infrastructure and facilities
(Estonia, The Netherlands and South Africa) and more
rapid reporting of results (The Netherlands). The chapters from Singapore and Spain call attention to the need
for both research and publication for the advancement
of forensic science.
Other issues discussed include improved technology
and databases (Japan), the need to protect privacy
(Japan) and the assessment of cognitive bias in forensic
science (Australia and the United States). The Australia
chapter also notes the high cost for training and limited
availability of some key personnel that argues for more
selective use.
This volume reveals that major issues in the forensic
sciences are shared globally. While the key problems
are well known to all, each country tries to find its own
solutions. These solutions are rooted in the history and
culture of the region. Increasingly, new directions call
for international cooperation and the global sharing
of information. The electronic age greatly improves
the potential for such sharing, especially with research
publication, development of protocols and technology
information. International meetings, workshops and
associations now put global practitioners in contact,
enhancing training opportunities and information sharing. The global practice of forensic science continues its
dynamic evolution.
Index
AAFS (American Academy of Forensic Sciences), 1, 219, 304–309,
315, 316, 319, 320, 322
Aarhus University, 69, 71
ABFA (American Board of Forensic Anthropology), 307, 316,
319
ABFO (American Board of Forensic Odontology), 319, 320, 328
ABFP (American Board of Forensic Psychiatry), 320
ABO, 70, 126, 127, 151
Aboriginal, 17, 18
Abortion, 50, 54, 76, 115, 200, 202, 208, 291, 295, 298, 353
Accreditation, 10, 21–24, 31–33, 43–44, 56, 62, 66, 80, 92, 94, 97,
99, 100, 102, 138, 145, 163–165, 169, 183, 188, 194, 223,
229, 235, 237, 242, 246, 252–253, 265, 270, 285–287, 301,
302, 304, 311, 313, 318, 320–322, 328–329, 356, 359
Acoustics, 78, 180, 186
AFIS (Automated Fingerprint Identification System), 63, 68,
159–162, 170, 211, 220, 302, 325, 344
AFMES (Armed Forces Medical Examiner System), 311, 323
Age, 47, 51, 53–55, 71, 93, 102, 117, 141, 142, 145, 166, 169, 204,
206, 214, 218, 246, 247, 270, 272, 290, 291, 294–298, 307,
315, 319, 326, 336, 341, 353, 360
Alcohol, 18, 20, 23, 34, 44, 45, 58, 71, 77, 93, 102, 117, 119, 127,
136, 141–143, 151, 177, 191, 220, 233, 255, 270–273, 304,
306, 319, 320, 340
American Academy of Forensic Sciences. See AAFS (American
Academy of Forensic Sciences)
Anthropology, 2, 7, 9, 19, 22, 25, 30, 32, 50, 53–55, 60, 62, 63, 66,
70, 71, 80, 98, 106, 111, 118, 120, 133, 139, 144, 156, 164,
168–170, 176, 186, 193, 207–210, 213, 219, 245, 247–250,
263, 264, 268, 307, 312, 316, 319, 322–324, 326, 337, 355
Anthropometric Office, 95, 356
Arson, 35, 97, 98, 151, 234, 256, 325, 327, 353
Attorney General, 6, 14, 20, 21, 30, 50, 51, 58–61, 199, 206–208,
210, 213, 237, 239, 299
Autopsy, 7, 8, 17, 18, 26, 32, 33, 40, 41, 44, 53, 55, 59, 62, 63, 65,
69, 70, 74–76, 90, 100–103, 110, 119, 120, 127, 132, 133,
136, 143, 144, 152, 164, 166–169, 173–187, 191, 197, 200,
207–209, 233–235, 238, 243–246, 271, 272, 279, 282, 287,
290–291, 296, 299, 306, 311, 317, 326, 336, 337, 339, 345,
359
Ballistics, 9, 19, 23, 50, 68, 112, 118, 131, 138, 149, 151, 161–163,
207, 210–212, 222, 257, 280, 281, 338, 342, 343
Behavioral science, 34, 170, 308, 312, 320, 327
Biochemistry, 44, 45, 112, 178, 181, 184, 185, 213, 263, 316
Biomechanics, 117, 118
Bitemark, 307, 308, 319, 320, 324, 326, 328
Blood, 8, 15, 16, 23, 35, 36, 41, 44, 45, 56, 57, 63, 70, 71, 77, 79,
91, 96, 97, 99, 112, 117, 120, 123, 124, 126, 127, 129, 133,
136, 138, 142, 149, 151, 175, 177, 187, 202, 204, 219–221,
233, 234, 255, 256, 270, 271, 272, 306, 311, 312, 318, 340,
346
Bomb, 123
Canines, 292
Carabinieri, 156–159, 161–165, 171, 357
Carlos Ybar Institute, 46
Case types, 20, 23
Cementum, 247
Certification, 2, 10, 21, 24, 30, 33, 35, 36, 43, 44, 59, 61–62, 65, 66,
92, 93, 99, 102, 119, 144–145, 158, 160, 162, 165, 169, 170,
181, 183, 201, 202, 208, 209, 222, 234, 236, 242, 244, 248,
264–265, 281, 283–285, 297, 301, 302, 304, 311, 313, 316,
318–321, 328, 329, 337, 351, 356, 359
CFSO (Consortium of Forensic Science Organizations), 303, 318
Chamberlain Convictions, 14–17
Chemistry, 10, 31, 35, 36, 44, 50, 69, 71, 83, 86, 87, 89, 93, 96, 97,
112, 126, 140, 141, 149, 151, 161, 162, 168, 178, 180, 181,
184–186, 190, 191, 193, 210, 212, 222, 228, 233, 253, 255,
262, 263, 268, 270, 273, 274, 280, 306, 310, 315, 316, 318,
337–340, 354
Child abuse, 47, 50, 54, 55, 106–108, 111, 117, 118, 164, 167, 168,
234, 243, 247, 285, 337, 359
Chromatography, 79, 96, 208, 212, 224, 306, 340
Coast Guard, 6, 190, 191, 354
CODIS (Combined DNA Index System), 45, 46, 56, 63, 137, 194,
208, 302, 304, 310, 314, 325, 344
Computed tomography, 26, 70, 90, 118, 176, 178, 185, 234, 239,
326
Computers, 36, 45, 78, 87, 88, 97, 99, 117, 131, 151, 162, 165, 171,
177, 184, 187, 211, 214, 218, 220, 221, 243, 302, 305, 309,
315, 317, 320, 322, 326, 327, 342, 344
Court physician, 7, 8
Crime scene investigation, 2, 19, 23, 24, 36, 58, 76, 78, 79, 97, 98,
100, 137, 138, 143, 156, 207, 221, 228, 282, 285, 292, 317,
324, 327, 338, 342, 356
Criminalistics, 2, 6, 8, 9, 19, 22, 31, 35, 58, 63, 86, 93, 111, 138,
149, 157, 158, 160–162, 165, 170, 171, 208, 210–213, 219,
228, 229, 263, 274, 276, 281, 302–305, 315, 317, 318, 321,
323–325, 338, 353
Criminal Procedure Act, 244, 254
Criminology, 89, 90, 138, 142, 152, 161, 166, 168, 170, 175, 178,
180, 184–186, 210, 211, 213–215, 242, 274–277, 292, 293,
341–343, 353
CSI effect, 169, 170, 303, 327
CT scan. See Computed tomography
Daubert, 69, 159, 302, 322–324
Dentistry, 8, 23, 33, 40, 54, 62, 71, 80, 117, 214, 246, 247, 264,
337, 338
The Global Practice of Forensic Science, First Edition. Edited by Douglas H. Ubelaker.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
361
362
Index
Dentists, 30, 33, 40, 43, 45, 54, 71, 176, 180, 184, 192, 214, 246,
247, 307, 316
Digital, 2, 19, 36, 45, 78, 79, 88, 90, 98, 112, 157, 158, 162, 190,
191, 213, 218–221, 224, 225, 227, 228, 235, 238, 276, 309,
313, 317, 320–322, 324, 326, 327, 342, 353
Disaster, 2, 10, 25, 33, 40, 43, 45–47, 53, 55, 63, 65, 71, 72, 80,
112, 117, 145, 160, 163, 171, 184, 185, 188, 212, 214, 219,
224, 225, 238, 246, 247, 265, 271, 286, 301, 308, 312, 320,
323, 347, 348, 357, 359
DMORT (Disaster Mortuary Operational Response Team), 312,
323
DNA, 2, 10, 18, 19, 22, 24–26, 31, 35, 36, 42–45, 50, 56, 57, 62, 65,
66, 70, 75, 77, 83, 86, 87, 91–94, 97–99, 102, 112, 117–119,
127, 129, 131, 137–139, 141, 143–145, 149, 151, 156–158,
160, 161, 163–165, 167, 177, 180, 182–187, 191, 192, 194,
196, 208, 212, 219, 220, 222–228, 235, 238, 242, 250–254,
263, 265, 276, 302–304, 307–314, 316–318, 321, 325, 329,
342, 344, 347, 353, 355, 356
DNPT, 341, 343
Drugs, 6, 18, 19, 22, 23, 31, 34–36, 45, 50, 58, 60, 61, 69–71, 75,
77, 79, 92, 96–99, 102, 103, 112, 117, 124–125, 129, 136,
138, 143, 145, 160, 161, 163, 176–178, 180, 184, 191, 194,
208, 212, 219, 221, 223, 227, 232–235, 239, 255, 270, 273,
276, 277, 282, 283, 287, 295, 300, 304, 306, 307, 309, 310,
312, 314, 318, 321, 325, 326, 340, 341, 343, 353
Earthquake, 10, 25, 163, 184–185, 211, 238, 286
Education, 2, 23, 31, 32, 36, 41, 52, 59, 60, 64, 72, 73, 75, 92, 94,
99, 103, 106, 107, 111, 141, 143, 144, 165, 169, 171,
178–183, 185, 187, 190, 191, 193, 194, 201, 202, 209, 215,
221, 222, 229, 230, 235, 242, 248, 251, 264, 271–273, 276,
280, 283, 285, 286, 301, 303, 314–322, 325, 328, 329, 335,
337, 338, 347, 355, 359
ENFSI (European Network of Forensic Science Institutes), 20, 84,
93, 94, 97, 100, 161, 218, 223, 276, 277, 287
Engineering, 2, 36, 162, 170, 177, 180, 185, 186, 189–191, 211,
219, 222, 225, 242, 257, 309, 313, 316–317, 320, 321, 327
Entomology, 2, 9, 19, 22, 30, 33, 50, 112, 117, 164, 170, 213, 242,
246, 263, 324, 326, 355
European Network of Forensic Science Institutes. See ENFSI
(European Network of Forensic Science Institutes)
European Union, 92, 167, 168, 219, 225, 229–230, 252, 283–287
Experts, 6, 8, 10, 17, 36, 52, 53, 59, 61, 63–65, 73, 75–78, 86, 87,
92–94, 98, 99, 103, 111, 126, 132, 136–139, 142–145,
156–158, 160, 163–165, 167, 169–171, 177, 178, 180, 181,
185, 187, 199, 200, 205–207, 210–213, 220–223, 225–227,
229, 234, 235, 238, 239, 242, 250, 254, 263, –265, 268,
271–273, 276, 281–286, 302, 303, 309, 317, 322–324, 337,
338, 341, 342, 345, 356, 357, 358
Explosives, 89, 97, 149, 151, 160, 161, 163, 177, 191, 219, 225,
227, 233, 276, 323, 325, 327, 354
FBI, 29, 45, 255, 281, 283, 303–305, 307, 309–313, 321–326, 338,
344
Fingerprint, 9, 19, 22–26, 36, 50, 53, 63, 68, 77, 78, 83, 86, 91, 92,
94–96, 98, 108, 112, 118, 129–131, 138, 147, 149, 151, 152,
159–163, 165, 167, 170, 175, 190, 207, 210–212, 218, 220,
243, 263, 276, 277, 281, 302, 303, 307, 309, 312, 324, 325,
343, 344, 353, 356
Fire, 25, 40, 41, 47, 71, 79, 91, 97, 113, 119, 123, 124, 126, 128,
129, 132, 176, 180, 184, 186, 191, 192, 210, 212, 219, 224,
234, 238, 249, 271, 276, 277, 295, 299, 309, 318, 321, 325,
327
Firearms, 19, 23, 24, 35–36, 51, 76, 91, 95, 97, 131, 151, 177, 211,
224, 232–234, 257, 276, 281, 282, 295, 296, 300, 318, 324,
325, 342, 343, 353, 354, 356
Forensic Medical Corps, 7–8, 263
Forensic Medical Service, 39–47, 135, 137, 207, 243, 353, 354
Forensic Science Institute, 83–94, 97, 135, 136, 137, 138, 161, 190,
192, 193, 217, 218, 223, 229, 276–277, 353, 354, 358
Forensic Service Centre, 85
Forgery, 77–79, 327, 344
Frye, 302, 323, 324
Funding, 2, 24–26, 30, 32, 34, 60, 64, 79, 93, 98–100, 108, 144,
152, 160, 167, 182, 186, 187, 220, 222, 236, 237, 246, 252,
264, 266, 270, 273, 276, 283, 284, 286, 287, 293, 301, 303,
304, 313, 317, 318, 324–326, 328, 329, 345, 351, 355–359
Gaddafi, 195–196
Gas chromatography, 96, 208, 224, 306, 340
Gendarmerie, 111–112, 357
Genetics, 10, 31, 45, 53, 56, 69, 70, 102, 120, 137, 157–160, 166,
168–170, 175, 181, 185, 190, 191, 194, 212, 245, 263–265,
268, 270–273, 327, 337, 342, 354
Gerechtelijk Laboratorium, 218
German Legation, 40, 352
Goryeo Dynasty, 189
Goudge Inquiry, 37
Grafology, 58
GSPS (Genetic Sample Processing System), 252, 253
GSRs (Gunshot residues), 131
Gun Alley Murder, 14
Hair, 14, 15, 18, 36, 57, 78, 97, 117, 129, 151, 224, 255, 318, 324,
326
Health Professions Act, 244, 254
Histology, 17, 142, 144, 145, 175, 178, 180–182, 184, 208, 245,
255
Homicide, 9, 20, 22, 34, 50, 51, 55, 59, 70, 76, 95, 102, 119, 124,
143, 153, 167, 175, 185, 187, 200, 202, 207, 208, 234, 245,
248, 256, 282, 291, 294–296, 298, 300, 307, 342, 345, 353,
354
Hulsebosch, Ledden, 217
Human rights, 40, 42, 43, 45, 53–55, 61, 65, 187, 193, 285, 287,
307, 308, 336, 345, 347, 354
IACIS (International Association of Computer Investigative
Specialists), 320
IBFES (International Board of Forensic Engineering Sciences), 320
Image analysis, 88, 162, 191, 219
Imhotep, 74
Immigration, 70, 131, 232
Impression, 1, 19, 35, 36, 91, 98, 151, 167, 219, 234, 308, 324
Innocence project, 302, 305, 329
Inquests Act, 244
INTCF (National Institute of Toxicology and Forensic Sciences),
262–266
Integration, 1, 2, 22, 58, 80, 84, 143, 180, 181, 221, 235, 250, 263,
266, 282, 301, 314, 351, 354, 359
ISO (International Organization for Standardization), 22, 24, 31,
44, 56, 61, 62, 84, 92, 93, 97, 99, 100, 119, 136, 145, 160,
163, 194, 223, 224, 236, 237, 252, 265, 270, 285, 293,
319–321, 356
Jama, Farah, 18–19
Joseon Dynasty, 189
Index
Judicial morgue, 7–10, 340, 352
Judiciary, 6–8, 11, 69, 84, 128, 183, 197, 218, 219, 223, 238, 239,
336, 338–340, 343, 345, 347, 354
Kaufman Inquiry, 36–37
Korean War, 191, 307
Kumho Tire, 302, 324
Landsteiner, 70
Legal, 2, 6, 8, 14, 25, 63–64. See also Legal medicine
Legal medicine, 7–9, 34, 49–54, 60–61, 65, 84, 107, 108, 110, 113,
116, 144, 165–170, 174, 175, 177–179, 181–187, 193, 201,
205–207, 209, 261–273, 303, 336–338, 344, 346–348, 352,
354
Lie detectors, 190, 191, 395
Lindbergh, 305
Manpower, 74, 76–78, 118, 152, 237, 246
Mass disasters, 10, 55, 163, 184, 188, 238, 246, 308, 312, 320,
348
Medicos forenses, 262
Melendez-Diaz, 302, 324
Mental health, 40, 44, 55, 308, 312
Military coup, 10, 42, 195, 352, 356
Ministry of Justice, 39–41, 45, 50, 70, 73, 75, 78–80, 83, 85, 86, 91,
93, 97, 138, 143–145, 167, 174, 196, 197, 218, 219, 262–264,
266, 279, 280, 282–284, 289
Miranda, 304, 323
Mitochondrial DNA, 35, 42, 56, 342
Multimedia, 19, 36, 213, 235, 309, 313, 317, 320, 322, 324,
327
NAME (National Association of Medical Examiners), 238, 311, 321,
322
Narcotics, 50, 71, 89, 92, 123–125, 129, 151, 176, 219, 233
National Commission for Human Rights, 208
National Forensic Laboratory Information System (NFLIS),
310
National Forensic Service, 190, 191, 354
National Health Act, 242, 244
National Research Council. See NRC (National Research Council)
NCIS, 26, 309
NFI, 218, 220–225, 227–229
NFS (National Forensic Service), 190–194
NIJ (National Institute of Justice), 276, 303, 314, 315, 317, 318,
321, 322, 324, 326, 327
NIST (National Institute of Standards and Technology), 302, 303,
313, 321, 323–327, 329
NRC (National Research Council), 302, 305, 310, 317, 318, 322,
323, 325, 326, 328, 329
NTSB (National Transportation Safety Board), 313, 323
Odontology, 2, 19, 23, 25, 26, 30, 33, 54, 55, 60–61, 63, 71, 72, 94,
102, 119, 120, 133, 144, 169, 174, 176, 178, 183, 207–209,
214, 218, 219, 234, 245–247, 263, 264, 286, 307, 308, 312,
316, 319, 323, 326, 328, 355
Ottoman, 195, 279, 280
Paternity, 56, 60, 62, 70, 75–77, 79, 102, 103, 120, 137, 171, 212,
263, 265, 270, 272, 346
Pathology, 2, 17, 18, 20, 21, 23, 26, 31–33, 50, 52–53, 55, 60, 62,
69, 77, 80, 101, 132, 165, 181, 183, 184, 236, 245, 247, 256,
285, 305, 310, 316, 318, 321, 326, 355
363
Patio 29, 42, 352, 355
Physical anthropology, 169, 213, 247–248, 268
Physics, 50, 151, 162, 180, 186, 190, 193, 202, 210, 222, 274, 281,
282
Pieter Baan Centre, 219
Platter, Felix, 268, 269
Police, 6–11, 14, 15, 19, 24, 25, 53, 58–60, 68–71, 83–84, 112, 129,
135–139, 155–161, 174–188, 190–197, 221, 235–238,
274–277, 281–283, 289–296, 298, 302–305, 317, 338–344,
347, 354, 356, 358
Police doctors, 205, 336, 352
Police technical laboratory, 68, 352
Political, 2, 5, 10–11, 24, 42, 43, 45, 55, 60–61, 79–80, 122,
131, 144, 182–183, 222, 237, 264, 284, 317, 347, 351,
355
Polizia Scientifica, 155–157, 159, 160, 163, 166, 167, 170
Psychiatry, 2, 7, 19, 33–34, 45, 50, 52, 55, 60, 66, 76, 83, 84, 86,
90, 102, 118, 120, 136, 140, 168, 170, 174, 178, 180, 206,
213, 218, 219, 222, 263, 264, 268, 270, 283, 308, 312, 316,
320, 327
Psychology, 19, 34, 50, 55, 90, 138, 151, 170, 178, 180, 185, 193,
219, 223, 286, 308, 316, 320, 327
Quality control, 2, 9, 10, 24, 62, 92, 119, 138, 164, 183, 187–188,
223, 237, 242, 246, 265, 284–286, 313, 319, 320–322, 328,
340, 346, 356, 359
Questioned documents, 2, 35, 50, 58, 78, 149, 160, 170–171, 191,
210, 211, 305, 310, 317, 318, 321, 325, 328
Radiology, 50, 76, 89, 166, 176–178, 184, 224, 234
Rape, 18, 20, 70, 76, 108, 165–167, 200, 202, 204, 232, 243, 255,
307, 353
Recruitment, 2, 23, 30, 32, 59, 74, 76, 97, 108, 131, 160, 162, 181,
221, 235, 247, 248, 264, 293, 301, 315, 354, 355
Registration of Births and Deaths Act, 244
Reiss, Archibald Rodolphe, 274–275
Research, 1, 33, 39, 53, 64, 138, 139, 142, 152, 182, 200, 244, 250,
272, 276, 311, 322, 324–327
Royal Canadian Mounted Police, 30, 31, 34–37, 256
Royal Commission, 14–18, 20, 21, 24, 352
Scientific Working Group, 20, 22, 35, 302, 304, 311–313, 318, 319,
321, 322, 323
SEMEFOS, 209
Semen, 18, 56, 57, 70, 77, 79, 123, 126, 149, 151, 297
Seorae Village Infanticide Case, 191
Sexual offence, 55, 76, 234, 242, 256
Sperm, 57
Splatt, Edward, 14, 352
Strangulation, 176, 187, 295, 296, 298–300
Structure, 1, 2, 8, 20, 30, 41, 51–52, 77, 86, 88, 91, 98, 107, 110,
112, 117, 137, 143, 149, 150, 161, 210, 220, 233, 247, 255,
262, 263, 270, 280, 282, 313, 340, 351–355
Suicide, 9, 50, 51, 55, 70, 76, 78, 102, 119, 137, 143, 175, 176, 186,
202, 203, 207, 208, 282, 283, 294–296, 299, 300, 353
Technology, 2, 22, 25, 26, 31, 36, 45, 59, 62–64, 86, 90, 92, 97–99,
145, 152, 183–187, 192, 211, 212, 218, 224, 228, 229,
237–239, 250, 253, 254, 265, 283, 286, 301, 304, 309, 317,
322, 324, 325, 327, 342, 347, 356–360
Thanatology, 40, 44, 144, 244, 337
Toolmark, 35, 257, 275, 276, 318
Torture, 11, 42, 54, 55, 62, 70, 166, 208, 274, 345
364
Index
Toxicology, 2, 10, 17, 19, 26, 29, 30, 31, 34–35, 41, 44, 57–58, 62,
63, 71, 73–75, 90, 92, 97, 101, 102, 106, 117, 118, 123, 136,
145, 151, 164, 169, 175, 178, 208, 212, 219, 237, 245, 246,
254–255, 262–264, 268, 270, 272, 280, 284, 287, 306, 307,
312, 316, 319, 324, 326, 328, 340
Training, 2, 9–11, 18, 21, 23, 25, 30, 32–35, 53, 59–60, 63, 74–78,
80, 93–94, 103, 115, 125–126, 133, 143–144, 160, 162–164,
169, 170, 181–182, 209, 222, 236, 244–245, 247, 248,
251–256, 264, 271–273 283, 303, 314–316, 337–338, 344,
346, 347, 354–355, 359
Tsunami, 10, 25, 72, 119, 184, 185, 238, 271
Typhoon, 184
University, 7, 23, 32–36, 40, 41, 43, 50, 60, 68–72, 74, 75, 80, 84,
93, 97, 101–103, 106, 107, 110–112, 116, 117, 126, 132, 133,
136–137, 139, 140–146, 152, 157, 163, 171, 174–187, 193,
196, 197, 206–208, 213–215, 218, 220–222, 225, 238, 246,
247, 248, 253, 262–266, 268, 271–277, 279, 280, 283, 284,
303, 305, 306, 315–317, 327, 336–338, 344–348, 352, 354,
355, 358, 359
Vehicle, 20, 86, 87, 90, 91, 97, 117, 124, 166, 176, 177, 180, 211,
212, 225, 243, 257, 273, 297, 309, 313, 315, 343, 353
Vietnam War, 127, 307
Virtual autopsy, 63, 65, 359
World War II, 84, 107, 125, 126, 137, 217, 218, 232, 233, 305, 307,
308
Zeldenrust, Jan, 218
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