Death due to hypothermia is normally accidental. Homicides by hypothermia are rare and have been observed especially in cases of abandonment of newborns as a method of infanticide and formerly in criminal experiments on...Death due to hypothermia is normally accidental. Homicides by hypothermia are rare and have been observed especially in cases of abandonment of newborns as a method of infanticide and formerly in criminal experiments on humans in the Dachau concentration camp. 3 deaths due to hypothermia are reported, among them two cases of homicide. Intentional killing by hypothermia is rightly classified as murder as it fulfils the criterion of cruelty.
Keller E, Looser M, Bieri HP
… +2 more, Kübler E, Balitzki B
Arch Kriminol
· 2012 · PMID 23367791
For complete and conclusive DNA profiling a sufficient amount of DNA must be available. For that, biological traces are recovered from crime scenes using special trace recovery material. The current method to collect bio...For complete and conclusive DNA profiling a sufficient amount of DNA must be available. For that, biological traces are recovered from crime scenes using special trace recovery material. The current method to collect biological traces for DNA analysis is to wipe them off with cotton swabs. However, for a few years the use of adhesive tapes has also been described for the recovery of evidence. In 2009, an adhesive tape was launched which was specially developed for the collection of biological traces. This product called Scenesafe FAST Tape (SSF) was investigated in this work to give recommendations for its use in evidence recovery. The results of this work show that the DNA can be extracted from the SSF very well. However, the tapes seem less suitable for direct use at the crime scene, as they are not flexible enough for adaptation to different crime scene conditions and the risk of contamination is higher than when collecting evidence with cotton swabs. Neither SSF nor cotton swabs are optimal for all requirements. The best method to recover biological evidence is still dependent on the surface material and the circumstances at the crime scene.
Under German criminal law, euthanasia assisted by the attending physician involves the risk of criminal prosecution. However, in the absence of clear legal provisions, the law concerning euthanasia has been primarily dev...Under German criminal law, euthanasia assisted by the attending physician involves the risk of criminal prosecution. However, in the absence of clear legal provisions, the law concerning euthanasia has been primarily developed by court rulings and jurisprudential literature in the last 30 years. According to a traditional classification there are four categories of euthanasia: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. However, there is still no generally accepted definition for the general term "euthanasia". The development of the law on the permissibility of euthanasia was strongly influenced by the conflict between the right of self-determination of every human being guaranteed by the Constitution and the constitutional mandate of the state to protect and maintain human life. The decisions of the German Federal Court of Justice on euthanasia in the criminal trials "Wittig" (1984), "Kempten" (1994) and "Putz" (2010) as well as the ruling of the 12th Division for Civil Matters of the Federal Court of Justice (2003) are of special importance. Some of these decisions were significantly influenced by the discussions in the jurisprudential literature. However, the German Bundestag became active for the first time as late as in 2009 when it adopted the 3rd Guardianship Amendment Act, which also contains provisions on the legal validity of a living will independent of the nature and stage of an illness. In spite of the new law, an analysis of the "Putz" case makes it especially clear that the criminal aspects of legal issues at the end of a person's life still remain controversial. It is to be expected that this issue will remain the subject of intensive discussion also in the next few years.
The discovery of a body in an unusual position such as a head-down position requires thorough investigation. In this article, such a death is reported. A 64-year-old man was found in a head-down position at the bottom of...The discovery of a body in an unusual position such as a head-down position requires thorough investigation. In this article, such a death is reported. A 64-year-old man was found in a head-down position at the bottom of a narrow staircase after obviously falling down the stairs. His head was wedged between the last step and a closed sliding door. Autopsy revealed craniofacial blunt force injuries, a non-dislocated fracture of the 4th cervical vertebral body (with intact ligaments of the spine and cervical cord) and massive cerebral and pulmonary oedema. Although the heart was significantly enlarged (610 g), the coronary arteries showed only minor arteriosclerotic changes. The alcohol concentration measured was 2.06 per mil in blood and 2.67 per mil in urine. The alcohol intoxication increased the risk to fall and together with the trauma of the cervical spine made it impossible for the man to free himself so that he ultimately died in a head-down position.
Merz M, Heidorn F, Birngruber CG
… +5 more, Ramsthaler F, Risse M, Kreutz K, Krähahn J, Verhoff MA
Arch Kriminol
· 2012 · PMID 23136701
In Germany, the term "domestic-setting corpse" is regularly used both in the medicolegal field (daily work, specialist literature) and by the general public (press, novels). The only formal definition of the term is in t...In Germany, the term "domestic-setting corpse" is regularly used both in the medicolegal field (daily work, specialist literature) and by the general public (press, novels). The only formal definition of the term is in the German-language textbook "Basiswissen Rechtsmedizin" (Madea and Dettmeyer 2007). In this retrospective study, we compared the criteria for this definition with our findings. Autopsy reports from the Institute of Forensic Medicine at the Justus Liebig University in Giessen, Germany, for the period between 2005 and 2011 (including February), were reviewed retropectively to see if the criteria for this formal definition could be found. We chose a postmortem interval of more than 24 hours and discovery of the corpse in a private home as inclusion criteria for our study (n = 211). We could verify four of the criteria for the definition ("advanced signs of decomposition", "reclusiveness", "unclear cause of death", "difficult to identify") in our study. One criterion ("frequently a long postmortem interval") was too vague to be of use, and two further criteria ("discovery circumstances" and "high frequency of active alcohol dependence") could only be partially confirmed. In almost half of our cases there were, however, signs of general substance abuse. The proportion of male "domestic-setting corpses" was distinctly higher than that of females (approx. 3:1). The average age-at-death was 50.1 years for men, and 57.8 years for women, and thus clearly below the average life expectancies. In over half of the cases - even those with explicitly mentioned advanced facial decay--the identification method had not been noted. In the formal definition, the criteria "discovery circumstances" and "alcoholism" thus need to be more precisely defined. Also, due to the inexplicit time range, the criterion "frequently a long postmortem interval" was too vague to be applied to, or compared with, our cases as a classic criterion. We suggest specifying a minimum postmortem interval of 24 hours for "domestic-setting corpses". In addition, more attention should be paid to the identification of "domestic-setting corpses". To date, investigation authorities frequently seem to assume that a corpse discovered in a private residence is that of the home owner or occupant.
Grave chambers allow bodies to decompose independent of hydrogeological circumstances. We examined the degree of body decomposition in 11 grave chambers after burial times between 12.1 and 15.3 years (mean 13.0 years). I...Grave chambers allow bodies to decompose independent of hydrogeological circumstances. We examined the degree of body decomposition in 11 grave chambers after burial times between 12.1 and 15.3 years (mean 13.0 years). In 8 of the examined 11 bodies, bones were separated due to complete loss of tissue continuity. In 3 cases, the graves were partly not properly constructed and tissue continuity was at least partially preserved. Biochemical estimation of the age at the time of death on the basis of six teeth gathered during the inspection of the grave chambers showed only one result that could not be explained by the standard deviation of the method used.
Querulants are a considerable problem for the legal system. Although they do not break the law at first, they want to enforce their point of view in legal conflicts with their environment at any cost. If they cannot win...Querulants are a considerable problem for the legal system. Although they do not break the law at first, they want to enforce their point of view in legal conflicts with their environment at any cost. If they cannot win their case in court, they often prove to be uncontrollable and continue their fight no matter what it takes, sometimes until their financial means are exhausted. Because they often have a paranoid personality structure, they then feel victimised by corrupt judges and the escalation spiral tends to go on without end. In extreme cases, this may even lead to massive violent actions against their opponents. The author presents a case report of such a deadly escalation.
Sexual abuse of females is a common form of violence with a high dark figure. While part of the victims decide to report the event to the police, many women are embarrassed to do so for a number of reasons. Retrospective...Sexual abuse of females is a common form of violence with a high dark figure. While part of the victims decide to report the event to the police, many women are embarrassed to do so for a number of reasons. Retrospectively, examinations performed in Berne (Switzerland) between 2006 and 2008 in cases with and without report to the police were analyzed. Altogether, 207 examinations were carried out during that period (65.2% reported to the police, 34.8% without report to the police). 20% of the incidents were reported to the police after the examination. One third of the victims in both groups claimed that the perpetrator was unknown to them. More than 40% of the women in both groups had been under the influence of alcohol at the time of the incident. 73% of the victims (reporting the crime) and 61% of those not filing a crime report described penile-vaginal contacts. Blackouts were claimed in 14% of the cases reported to the police and 33% of those not reported. Genital lesions were found in about one third and extragenital injuries in more than 50% of cases in both groups. No condom had been used in a large percentage of cases or its use was uncertain. Unprotected vaginal ejaculation was reported by about one third of the victims in both groups and could not be reliably excluded in 28% of cases. In 43.8% (reported to police) and 47.1% (not reported), no contraceptive method had been applied by the women. The results of the present study show similar distributions in both groups for numerous factors (factual circumstances and injury pattern). However, in the group not filing a complaint with the police blackouts were reported more often, which may have induced the victims not to report the incident to the police at first. The fact that in about 20% of these cases the women went to the police later underlines the importance of offering documentation usable as evidence in court and preserving evidence independent of whether the incident has already been reported to the police or not. Reasons why victims present for examination may also be fear of pregnancy or sexually transmitted diseases. Clarification of these points should therefore also be offered.
Crime development measured by means of the changes in police recorded crime statistics (criminal offences per 100.000 inhabitants) shows periodical cycles, which can be described by the capital letter M. Starting from a...Crime development measured by means of the changes in police recorded crime statistics (criminal offences per 100.000 inhabitants) shows periodical cycles, which can be described by the capital letter M. Starting from a low rate of criminality, crime rises over 1-3 years followed by an interim decline lasting for about one year. Then crime increases again for approximately 2 years to a second peak. After that, crime strongly declines to the next low point over a period of about two years. The course of this development is not uniform with equal amplitudes, but resembles an M-curve. Since 1950, seven such M-cycles have been observed with the 3rd M-cycle from 1965-1973, the 4th M-cycle from 1973-1984, the 5th M-cycle from 1984-1994, the 6th M-cycle from 1994-2005 and the 7th M-cycle from 2005-2010 being particularly distinct. The M-curve of crime may be explained by the M-form of the business cycle. Since World War II, the M-cycle of crime and the M-cycle of the economy have run approximately parallel. Up to the first large oil crisis, the M-cycle of crime preceded the economic situation by 1-2 years, whereas since 1976 it has followed the economic development with a time lag of one to two years.
Benecke M, Reibe S, Baumjohann K
… +6 more, Gulinski S, Wetzel W, Schmidt K, Pressler K, Lebküchner I, Streckenbach M
Arch Kriminol
· 2012 · PMID 22924278
Systematic variation of blood droplet volume, the distance fallen and the surface (paper, wood, plastics, tiles) led to the conclusion that the size and the shape of the stains ("fingers", satellites) allowed to deduce t...Systematic variation of blood droplet volume, the distance fallen and the surface (paper, wood, plastics, tiles) led to the conclusion that the size and the shape of the stains ("fingers", satellites) allowed to deduce the distance fallen but only if the actual surface structure was known. We found that detailed photography at the crime scene was necessary, yet experiments have to be performed due to the extreme influence of the actual surface texture on all characteristics (size, spines, peripheral spatter) of the blood stains.
Osterwald A, Scholz J, Gehl A
… +1 more, Püschel K
Arch Kriminol
· 2012 · PMID 22924277
An intense discoloration of the gastric mucosa or the gastrointestinal tract found at autopsy gives rise to the question of its cause. Such discolorations are mostly described in the context of intoxications. However, tr...An intense discoloration of the gastric mucosa or the gastrointestinal tract found at autopsy gives rise to the question of its cause. Such discolorations are mostly described in the context of intoxications. However, traditional foods and diagnostic procedures using indicator dyes can also lead to an unusual discoloration of the mucous membranes. The authors report on the autopsy findings in a man who died from a bleeding gastric ulcer and whose gastric mucosa showed intense blue discoloration. Experimental postmortem examinations (on stomachs) were performed with methylene blue, a dye used in gastroenterology, resulting in a blue discoloration resembling the appearance of the stomach in the autopsy case. Together with the outcome of the toxicological analyses, the experiments pointed to a diagnostic procedure using methylene blue (chromoendoscopy).
Fischer EJ, Laberke PJ, Kübler E
… +1 more, Balitzki B
Arch Kriminol
· 2012 · PMID 22924276
This paper is focused on the preparation of samples for laser microdissection (LM) in forensic casework. In forensic genetics, it is essential to preserve and separate cellular traces during sample preparation, as they a...This paper is focused on the preparation of samples for laser microdissection (LM) in forensic casework. In forensic genetics, it is essential to preserve and separate cellular traces during sample preparation, as they are usually gathered in very small amounts and are often contaminated with undesired cells. This is made possible by laser microdissection, a technique developed to cut cells or tissue of a certain type from a microscopical specimen by UV laser and catapult them directly into a PCR reactor. This method minimizes the risk of getting inconclusive, mixed DNA profiles due to contamination by foreign DNA and also supplies information about the cellular origin of a DNA profile. A method for optimized fixation and staining of spermatozoa for laser microdissection was established. Four different fixation methods combined with two staining methods were tested on two different microscope slides. Moreover, the effect of a blocker pen to contain the specimen on the slide was investigated.
Germerott T, Todt M, Bode-Jänisch S
… +2 more, Albrecht K, Breitmeier D
Arch Kriminol
· 2012 · PMID 22924275
The external post-mortem examination, its deficient quality and possible causes have been the subject of numerous political and professional discussions. The external post-mortem examination is the basis for the decision...The external post-mortem examination, its deficient quality and possible causes have been the subject of numerous political and professional discussions. The external post-mortem examination is the basis for the decision whether further criminal investigations are required to clarify the cause of death. It is thus an essential instrument to ensure legal certainty. Before cremation, a second external post-mortem examination is performed by a public medical officer to make sure that errors of the first post-mortem are corrected. In the present study, cases were retrospectively analyzed in which a forensic autopsy had been ordered on the basis of the results of the post-mortem examination performed before cremation. The entries on the death certificate regarding the manner and cause of death were compared with the autopsy results. Between 1998 and 2007, 387 autopsies were ordered after external examination before cremation. In 55 cases (14.2%), the autopsy revealed a non-natural death, although a natural death had been attested on the death certificate. In descending order, a wrong manner of death was attested by clinicians, general practitioners and emergency physicians. With regard to the place where the first external post-mortem had been performed the lowest error rate was seen in nursing homes. Concerning the cause of death, discrepancies between the first post-mortem and autopsy were found in 59.4% of the cases. In this respect, general practitioners and clinicians were ranking first, whereas in nursing homes the cause of death was wrongly assessed in over 70% of cases. At present, the medical post-mortem does not meet the required quality standards, especially with regard to legal certainty. Determination of the cause of death on the basis of the external post-mortem examination is a challenging task even for the experienced medical examiner. As to the categorization of the manner of death it has to be stated that non-natural deaths are often not recognized or that the possibility to certify a death as unclear is not sufficiently used. As a result, it seems important to demand intensive, qualified, additional training in external post-mortem examinations for physicians.
Nittmann C, Franke B, Augustin C
… +1 more, Püschel K
Arch Kriminol
· 2012 · PMID 22924274
The topic of this article is sexual violence in context with war-like conflicts in the former Yugoslavia and Rwanda. The fundamental categories of sexual violence in war-like conflicts are described. The authors discuss...The topic of this article is sexual violence in context with war-like conflicts in the former Yugoslavia and Rwanda. The fundamental categories of sexual violence in war-like conflicts are described. The authors discuss the types of sexual violence as defined in the report of the UN Commission of Experts on the war-like conflicts in the former Yugoslavia. Four criminal trials were evaluated: three held before the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague/Netherlands and one before the International Criminal Tribunal for Rwanda (ICTR) in Arusha/Tansania. The defendants were found guilty of torture, crime against humanity and genocide. Potential procedures with respect to similar crimes in current or prospective conflicts are discussed. An alternative may be the assignment of medical personnel (for example of the German Federal Armed Forces). Finally, the post-war cooperation between the Institute of Legal Medicine at the University Medical Centre of Hamburg-Eppendorf as well as the medical and government institutions in Rwanda is presented, which has been going on since 2005.
Around 1900, various crimes were still caused by criminal superstition. Criminologists like Hans Gross, Albert Hellwig and August Löwenstimm were engaged in the exploration of this topic aiming at the complete explanatio...Around 1900, various crimes were still caused by criminal superstition. Criminologists like Hans Gross, Albert Hellwig and August Löwenstimm were engaged in the exploration of this topic aiming at the complete explanation of criminal behaviour linked to superstition. Crimes against pregnant women and infants are particularly good examples to illustrate the problems arising from crimes motivated by superstition. When assessing superstition under scientific and legal aspects, the criminologists applied different approaches, although positivistic rationalization was the most common tendency. In the forensic and legal evaluation of crimes related to superstition the problematical questions were whether the perpetrator was criminally responsible and how the offence was to be legally qualified. In many cases, criminals motivated by superstition were treated with more lenience.
Laberke PJ, Hausmann R, Wiprächtiger N
… +2 more, Briellmann T, Balitzki B
Arch Kriminol
· 2012 · PMID 22834362
The Combur Test is a ready-made and easy-to-use pretest for blood. It is based on the oxidation of tetramethylbenzidine (TMB), which is catalysed by haemoglobin and its derivatives. Despite its high sensitivity, there ar...The Combur Test is a ready-made and easy-to-use pretest for blood. It is based on the oxidation of tetramethylbenzidine (TMB), which is catalysed by haemoglobin and its derivatives. Despite its high sensitivity, there are many known substances which are responsible for false positive and false negative test results. On the basis of experiments of our own, case reports and the pertinent literature special aspects of the application of the Combur Test in the forensic routine case work are discussed.
UNLABELLED: External post-mortem examination and first police assessments are often not consistent with subsequent autopsy results. This is all the more surprising the more serious the injuries found at autopsy are. Such...UNLABELLED: External post-mortem examination and first police assessments are often not consistent with subsequent autopsy results. This is all the more surprising the more serious the injuries found at autopsy are. Such discrepancies result especially from an absence of gross external injuries, as demonstrated by four examples. A 42-year-old, externally uninjured male was found at night time in a helpless condition in the street and died in spite of resuscitation. Autopsy showed severe polytrauma with traumatic brain injury and lesions of the thoracic and abdominal organs. A jump from the third floor was identified as the cause. At dawn, a twenty-year-old male was found dead on the grounds of the adjacent house. Because of the blood-covered head the police assumed a traumatic head injury by strike impact. The external examination revealed only abrasions on the forehead and to a minor extent on the back. At autopsy a midfacial fracture, a trauma of the thorax and abdomen and fractures of the spine and pelvis were detected. Afterwards investigations showed that the man, intoxicated by alcohol, had fallen from the flat roof of a multistoried house. A 77-year-old man was found unconscious on his terrace at day time; a cerebral seizure was assumed. He was transferred to emergency care where he died. The corpse was externally inconspicuous. Autopsy revealed serious traumatic injuries of the brain, thorax, abdomen and pelvis, which could be explained by a fall from the balcony. A 47-year-old homeless person without any external injuries was found dead in a barn. An alcohol intoxication was assumed. At autopsy severe injuries of the brain and cervical spine were found which were the result of a fall from a height of 5 m. CONCLUSION: On the basis of an external post-mortem examination alone gross blunt force trauma cannot be reliably excluded.
The intervertebral haemorrhages described by Simon in 1968 as a vital sign of hanging have been verified and endorsed by other authors. They occur in 40-50 % of hanging cases, most frequently in the lumbar spine, in youn...The intervertebral haemorrhages described by Simon in 1968 as a vital sign of hanging have been verified and endorsed by other authors. They occur in 40-50 % of hanging cases, most frequently in the lumbar spine, in younger age groups, and in cases of free suspension. The haemorrhages are not unique to hanging, but may occur in particular as a result of other traumatic elongation or overextension of the spinal column (e. g. in the course of traffic accidents). In cases of decomposition of the body, "false positive" findings are relatively common. As external findings scarcely provide any reliable vital signs of hanging, there is still a high demand for autopsies. In addition to Simon's bleedings, internal findings which are diagnostically conclusive also include microscopic examinations of the lungs and the neck musculature. More recent findings such as haemorrhages in the back and auxiliary respiratory muscles as well as the intestinal wall, if confirmed, could supplement Simon's bleedings. Frei's fibre sample and evidence of histamine in the ligature mark should not be neglected. Finally, it must be emphasized that the forensic assessment of hanging cases should always be based on a criminological and forensic evaluation of all the circumstances of the offence as well as on post-mortem findings.
The exculpatory statement that a positive THC finding in the blood is due to the consumption of hemp products or passive exposure to cannabis smoke has been disproved by the monitoring of hemp products and recent passive...The exculpatory statement that a positive THC finding in the blood is due to the consumption of hemp products or passive exposure to cannabis smoke has been disproved by the monitoring of hemp products and recent passive inhalation studies conducted in social settings, which showed that these conditions are unlikely to produce a positive result in the blood. The defense that the ingestion of Indian olibanum may result in a positive THC concentration in the blood is unusual; it is based on older publications where authors had speculated on a possible association of the synthetic pathways of THC from terpenoid precursors also being present in olibanum and the biogenesis of THC in hemp. It had further been speculated whether chemical or plant-derived pathways may also occur in humans. A thorough understanding of the different pathways and recently published results have outdated these speculations.
Olze A, Peschke C, Schulz R
… +1 more, Schmeling A
Arch Kriminol
· 2012 · PMID 22834358
The evaluation of the eruption status of the wisdom teeth constitutes a significant component of the spectrum of dental methods available for purposes of forensic age diagnostics. In the present study, the status of wisd...The evaluation of the eruption status of the wisdom teeth constitutes a significant component of the spectrum of dental methods available for purposes of forensic age diagnostics. In the present study, the status of wisdom tooth eruption was identified in 606 conventionally created orthopantomograms of 515 female and 91 male Germans, divided by sex and tooth, using a modified classification comprising four stages. Instead of the original stage C (gingival eruption) which cannot always be reliably identified on X-ray images of suboptimal quality, stage C of the modified classification was considered reached when the erupting wisdom tooth had reached at least half the length of the crown of the adjacent second molar, without however having yet reached the occlusal plane. The new stage classification is especially recommended for age estimation based on X-ray images in which a conclusive delimitation of the gingiva is not possible.