SEAL 3

Who is a political figure and typically elected

coroners

who is appointed

MO or forensic pathologists

What do ME/CO investigate

suspicious or unexpected death involving accidents, suicide, homicide, incarcerated deaths, custody deaths,

When do we perform autopsy’s

at the discretion of ME/CO

• police or prosecutor request or court order

  • when child of apparent good health suddenly dies

what are similarities between ME/CO

whenever in charge, can determine cause of death"

• “statutory authority” whoever in charge

what are differences between ME/C-

CO don’t need to be medically trained, ME does

CO elected, ME appointed

CO (non-medically trained) have to meet age/ educational requirements

ME almost always medical doctors (trainiThe ng in pathology of FP)

The National Commission of FS defines a forensic pathologist as one who complete 1/3 criteria

1. certified in forensic pathology by the American Board of Pathology (ABP) following training in
   forensic pathology

2. certified in forensic pathology by the American Board of Pathology (ABP) following training in
   forensic pathology

   1. has successfully completed a training program in forensic pathology that is accredited by the ACGME or its
      international equivalent and was never certified in forensic pathology by the ABP but has practiced forensic
      pathology for 10 years or more in a medicolegal office

PCAST reiterates that for objective feature-comparison methods, there are “...well-defined procedures to

1) identify the features in samples,

(2) measure the features,

(3) determine whether the features in two samples match to within a stated measurement tolerance

(matching rule), and

(4) estimate the probability that samples from different sources would match (false match probability)

Foundational validity for objective methods requires

experts’ examination of each step’s suitability in the analysis,

each step’s contribution to the reliability and validity of the larger analytical method

Foundational validity for subjective methods requires

multiple, independent “Black Box” studies

Why don’t we use proficiency tests for FV

proficiency tests are simply not designed to assess accuracy, repeatability, and reproducibility;

the tests themselves rarely made publicly available, preventing examination of their characteristics by independent researchers;

proficiency tests by a major company don’t have objectively correct/accurate answers

but instead look for test results that are consistent with the general consensus of examiners

What is a White box study

a mental analysis of how a person or examiners analyses to come to a conclusion.

White-box studies are done to empirically examine the processes examiners in subjective feature comparison disciplines use to analyze evidence

PCAST conclusions on latent prints

(1) The studies collectively demonstrate that many examiners can, under some circumstances, PCAST (2016, p. 102) says that “[f]rom a scientific standpoint, validity as applied requires that an expert:produce correct answers at some level of accuracy.

“(2) The empirically estimated false positive rates are much higher than the general public (and, by extension, most jurors) would likely believe based on longstanding claims about the accuracy of fingerprint analysis.

“(3) Of the two appropriately designed black-box studies, the larger study (FBI 2011 study) yielded a false positive rate that is unlikely to exceed 1 in 306 conclusive examinations while the other yielded a considerably higher false positive rate of 1 in 18

PCAST (2016, p. 102) says that “[f]rom a scientific standpoint, validity as applied requires that an expert:

(1) has undergone appropriate proficiency testing to ensure that he or she is capable of analyzing the full range of latent fingerprints encountered in casework and reports the results of the proficiency testing;

(2) discloses whether he or she documented the features in the latent print in writing before comparing it to the known print;

(3) provides a written analysis explaining the selection and comparison of the features;

(4) discloses whether, when performing the examination, he or she was aware of any other facts of the case that might influence the conclusion; and

(5) verifies that the latent print in the case at hand is similar in quality to the range of latent prints considered in the foundational studies.”

Sufficient agreement is defined as

The examiner being convinced that the items are

extremely unlikely to have a different origin.

Trace evidence Can be defined as

the surviving evidence of a former occurrence or action of some event or agent...” (e.g., gunshot “Presumptive testsresidue) along with “...a very small amount of substance, often too small to be measured”

Presumptive tests

are used to establish the possibility that a specific bodily fluid is present, but they do not conclusively prove the presence of a specific substance

confirmatory tests

conclusively identify a biological material

What is impression evidence?

impression evidence is created when an object leaves behind an indentation or mark. Impression evidence can be two-dimensional, like a fingerprint, or three-dimensional—like footwear imprints

Accreditation of forensic science programs:

According to the Forensic Science Education Programs Accreditation Commission (2021) its goals are

1. to use the National Institute of Justice Technical Working Group for Education and Training in forensic Science (TWGED) and the TWGED-DE curriculum guidelines to develop, to implement, to maintain, and to enhance rigorous, consensus educational standards for undergraduate and graduate forensic science programs at accredited institutions of higher education;

“2. to develop and to implement a set of well-defined procedures for evaluating forensic science programs against those standards; and,

“3. to encourage self-evaluation and continual improvement of forensic science education programs through the accreditation process”

In 1928 the National Academy of Science and the NRC recommended the development of what institutes and why

Medicolegal institutes to affiliate medical examiners with hospitals and universities.

NRC also recommended this towards ME/CO

abolish coroner system, coroner duties become ME duties, ME offices be headed by scientifically trained pathologist, services of toxicology, bacteriology and other necessary sciences

What determines whether an medical examiner or coroner delivers death investigation services

Individual state statutes (NRC 243)

ME/CO jurisidiction is determined by

each state’s code

Name the Many purposes of ME/CO

serve CJS as medical detectives, identify and document pathologic findings, can testify in courts as expert medical witness

Options for improving coroners investigations

increasing statutory requirements, increase funding to improve capabilities, replace with ME

what is defined as a systematic external and internal examination of a body to establish the presence or absence of disease by gross and microscopic examination of body tissues

autopsy

Similarities in deficiencies of ME/CO

imperfect legal structure, inadequate expertise to investigate, inadequate resources and equipment to perform competent death investigations, inadequate training in disciplines, lack of best practices, lack of quality control measures, lack of research

The Accreditation Council for Graduate ME requires

forensic pathology programs to provide opportunities for scholarly research or other scholarly activities (lack of funding, lack of teaching, lack of spaceRe

Recommendation from the NRC to improve medicolegal death investigations

authorize appropriate funds to NIFS for states to establish ME systems, funds to build officers, equipment, administration,

Join Nat. Institute of health to support research, education, training in FP, establish Scientific working group to establish best practices, admin, staffing, education, training

According to NRC, education and training serve 3 purposes

prepare next generation, continued professional development and training, educate the users of FS analysis

NASEM recommends developing a strategic plan consisting of

short term/long term objectives, creating stability for the research community, provide a roadmap for critical advancements, develop formal and comprehensive plan for research advisory board, that NIJ incorporate research and evaluation into forensic activites, expand and recruit researchers,

NASEM says to

improve communication (mission, vision, plan, policies) and to measure outcomes