Patterns of trauma in conflict victims from Timor Leste.

Understanding population-level trauma patterns has implications for the recognition of war crimes and crimes against humanity. Trauma data were abstracted from autopsy and anthropology reports for 105 victims from the 1999 conflict in Timor Leste. A significant number of individuals displayed no evidence of injury. No trauma was found in 25% of the sample, while a further 5% had only minor, nonlethal wounds. Where trauma was evident, sharp force injuries were most common (35%), followed by gunshot (20%) and blunt force (13.33%). Timorese frequencies of trauma differ significantly from percentages found in prior reports of mass killings from Cambodia, Bosnia, Croatia, and Afghanistan but closely resemble reported trauma patterns in Rwanda. Decomposition and percentage of body recovered were shown to have a significant impact on the presence/absence of trauma. Complete, fleshed remains were 10.4 times more likely than skeletal remains to have evidence of major or lethal trauma.

The use of a 3-D laser scanner to document ephemeral evidence at crime scenes and postmortem examinations.

Proper documentation of physical evidence at both crimes scenes and postmortem examination is crucial for downstream analysis, interpretation, and presentation in court. Ephemeral or transient evidence poses particular challenges to investigators, as its very nature renders it difficult or impossible to seize and maintain in its original physical state. The use of a hand-held three-dimensional (3-D) laser scanner is proposed to capture and document such evidence, both in the field and at autopsy. Advantages of the scanner over traditional means of documentation such as photography or casting include the ability to obtain measurements in all dimensions, the ability to reconstruct missing elements, and the ease with which generated images can be interpreted by the jury at trial. Potential scenarios warranting the use of the scanner are identified, and the limitations of its use are discussed.

The use of material culture to establish the ethnic identity of victims in genocide investigations: a validation study from the American Southwest*.

Successful prosecution of genocide requires that the victims constitute one of four protected groups: national, religious, ethnic, or racial. Establishing victim identity in prior trials has relied on positive identification of decedents, been largely presumptive, or was based on untested methodology. This report details a validation study of one untested method: the use of material culture in establishing ethnic identity. Classes of clothing and personal effects were scored on 3,430 individuals of known Hispanic or White ancestry from autopsy records in New Mexico. Significant differences were seen in evidence of language, nationality, and religious affiliation between the two groups, as well as clothing types and currency. Predictive models used to estimate ethnic identity in random, blind subsets produced an overall accuracy of 81.5% and estimates of 61-98% in specific subsets. Results suggest material culture, when present, can provide reliable evidence of ethnic affinity in genocide investigations.

Manufactured populations: what do contemporary reference skeletal collections represent? A comparative study using the Maxwell Museum documented collection.

The extent to which archaeological or cemetery skeletal collections accurately represent the population from which they were drawn cannot be known. The creation of documented or forensic skeletal collections, derived from donation or autopsy, was intended to overcome many of the problems inherent in archaeological populations, yet it is misleading to assume such collections represent a specific or defined population. This study compares the documented skeletal collection curated at the Maxwell Museum to annual demographic information from three relevant populations: (i) the living population of New Mexico (NM), (ii) the deceased of NM, and (iii) the subset of decedents who undergo a medicolegal death investigation or autopsy. Results indicate that the Maxwell Documented collection differs significantly from all three populations in every variable examined: age, sex, ethnicity/race, cause, and manner of death. Collection development that relies on body donation or retention of unclaimed bodies under coroner/medical examiner statutes results in a biased sample, with significant overrepresentation of males, Whites, the elderly, those who die unnatural deaths and individuals with antemortem traumatic injury or surgical intervention. Equally problematic is the perception that the collection has documented race or ethnicity, when in fact only 17% was self-reported, while the affinity of the remaining individuals was determined by pathologists or other observers. Caution is warranted in how this and similar collections are used and interpreted by researchers. Although documented reference collections are useful in developing methods of estimating age or sex, they are not a proxy for modern or racially/ethnically defined populations.

Kumho, Daubert, and the nature of scientific inquiry: implications for forensic anthropology.

In the last 15 years, the US Supreme Court has implemented major changes concerning the admittance of expert testimony. In 1993, Daubert v. Merrell Dow Pharmaceuticals superseded the Frye ruling in federal courts and established judges, not the scientific community, as the gatekeepers regarding the credibility of scientific evidence. In 1999, a lesser-known but equally important decision, Kumho Tire v. Carmichael, ruled that technical expert testimony needed to employ the same rigor as outlined in Daubert, but experts can develop theories based on observations and apply such theories to the case before the court. Anthropology has never been defined as a hard science. Yet, many recent publications have modified existing techniques to meet the Daubert criteria, while none have discussed the significance of Kumho to anthropological testimony. This paper examines the impact of Daubert and Kumho on forensic anthropology and illustrates areas of anthropological testimony best admitted under Kumho's guidance.

Variables influencing victim selection in genocide.

While victims of racially motivated violence may be identified through observation of morphological features, those targeted because of their ethnic, religious, or national identity are not easily recognized. This study examines how perpetrators of genocide recognize their victims. Court documents, including indictments, witness statements, and testimony from the International Criminal Tribunals for Rwanda and the former Yugoslavia (FY) detail the interactions between victim and assailant. A total of 6012 decedents were included in the study; only 20.8% had been positively identified. Variables influencing victim selection in Rwanda included location, segregation, incitement, and prior relationship, while significant factors in FY were segregation, location, age/gender, and social data. Additional contributing factors in both countries included self-identification, victim behavior, linguistic or clothing evidence, and morphological features. Understanding the system of recognition used by perpetrators aids investigators tasked with establishing victim identity in such prosecutions.

Percentage of body recovered and its effect on identification rates and cause and manner of death determination.

Anthropologists frequently encounter cases in which only partial human remains are recovered. This study reports how the percentage of the body recovered affects identification (ID) rates and cause and manner of death determination. A total of 773 cases involving anthropology consults were drawn from the New Mexico medical examiner's office (1974-2006). Results indicate a significant correlation between body percent recovered and ID rates, which ranged from 89% for complete bodies to 56% when less than half the body was present. Similar patterns were evident in cause/manner determination, which were the highest (83% and 79%, respectively) in complete bodies but declined to 40% when less than half the body was found. The absence of a skull also negatively impacted ID and ruling rates. Findings are compared with general autopsy ID rates (94-96%) and cause/manner determination rates (96-99%) as well as prior published rates for individual casework and mass death events.

Twenty-seven years of forensic anthropology casework in New Mexico.

A review of anthropological consult cases for the New Mexico Office of the Medical Investigator was conducted for the years 1974 through 2000. A total of 596 cases are summarized and information is presented on the sex and age of the individuals, season of recovery, depositional environment, body covering, time since death, perimortem trauma, postmortem animal activity, and skeletal element recovery. Results reveal a higher percentage of male victims (76%). No variation is seen in the seasonal distribution of cases. In cases with known time since death, 35% were recovered within one week while 30% had a postmortem interval exceeding one year. Depositional environments include surface (45%), burial (13%), and airplane crashes (9.5%). In 42% of the cases, no evidence of perimortem trauma was observed. Postmortem animal activity was noted in 46% of cases. Data presented in this study may prove useful in supporting expert witness testimony and generating future research models.