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Published bySophia Hood Modified over 9 years ago
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Under the Microscope
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Wrongful convictions Evidence based Medicine Recognition of what we can deliver and what we cannot National Academy of Science report on Forensic Science (USA)
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Hospital based Routine Autopsy Service Anyone can do an autopsy Certification in Pathology required a candidate to be able to perform a medico legal autopsy Group of forensic pathologists recognized the need for specialty training Goudge Inquiry Royal College grants Specialty status to Forensic Pathology (specialty training 2008)
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Forensic Pathology under the radar until Goudge inquiry Notable exceptions – Stephen Truscott 1959 conviction of murder, sentenced to death (appeal denied but sentence commuted to life) Dr. Penistan (district pathologist) testified to time of death based on gastric emptying supported by Dr. Brooks (Medical officer) Appeal to Supreme Court 1966 – Battle of the Forensic Pathologists Milton Helpern, Keith Simpson – Crown Francis Camps, Charles Petty – Defense It was a well known tenant of Forensic pathology even in 1959 that time of death cannot be accurately assessed (Helpern was one of the authors)
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Others Dalton 1989 Johnson 1993 (Wrongful Acquittals)?????
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Evolved from clinical epidemiology 1988 The use of best evidence in making decisions relating to diagnosis, investigation and management Assessing quality of evidence * (multiple systems) Level A – Randomized controlled Level B – Retrospective case controlled Level C – Case series Level D – Expert opinion, physiology, first principal UK National Health Service
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Important to recognize what forensic pathology can and cannot deliver 1. Time of Death 2. Age of injuries 3. How much force Particular issue in infant and child deaths homicide vs Accident 4. How long did it take
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Strengthening Forensic Science in the United States (2009) 1.Certification and Accreditation should be mandatory 2. Evidence base often sparse and varies between disciplines Sparse to non in fingerprints, tool mark (bite mark) 3. Testimony should be grounded in science, acknowledge uncertainties 4. Strong independent leadership
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1. Hot tubbing for expert witness Crown and defense experts meet prior to court Review issues and confirm Areas in which they agree In areas of dispute discussion takes place, often conflicts are understood and at times what at first appears as a conflict may not be such a conflict Must be in Non adversarial
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Forensic medicine Opinion on non fatal trauma by a forensic pathologist (physcian) Clinicians have a different confidence level to make a diagnosis (51%) Any charge involving physical injury should have a mandatory review before proceeding to court Diagnosis vs opinion Medical records (aint what they used to be)
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