Postmortem or Perimortem Injury? Presentation of an incredible court case in which flames are the protagonists of a murder.

Background: Establishing the cause of death when analysing burnt human remains is limiting due to thermal degradation. The heat generated by high combustion degrades the bone structure, definitively hiding the perimortem trauma in most cases, which is crucial for solving a court case. Case report: In November 2019, a completely burnt corpse was found inside a car set on fire near a location in Reggio Calabria, Italy. The corpse was subsequently subjected to an initial radiodiagnostic examination and an anthropological/medico-legal investigation, in order to confirm the biological profile of the unidentified subject, define the cause of death and assess the presence of perimortal lesions through macroscopic analysis of skull fragments subjected to fleshing. Conclusions: The soft tissue fleshing of the burnt skull fragments allowed the reconstruction of a partial calotte. Macroscopic analysis of the consolidated shell identified in the left fronto-parietal region a clear linear fracture, perimortal in nature, compatible with blunt trauma. Autopsy examination revealed the presence of carbonaceous residues within the larynx and especially the trachea, confirming ante-mortem combustion.The results of the autopsy examination and the anthropological analysis allowed us to state that the net linear fracture, perimortal in nature, caused the subject a complex encephalic trauma, resulting in loss of consciousness and subsequent death due to carbon monoxide inhalation. This result not only confirms the malicious hypothesis, but reveals a deliberate burning of the victim in order to conceal the evidence necessary to solve the forensic case.

Balancing the scales of safety: the criminal law's impact on patient safety and error reduction.

The chance of death from medical error within the hospital setting is 33,000 times greater than dying in an aircraft crash. Despite patient safety being central to healthcare delivery across the world, medical errors and patient harm remain prevalent. This review evaluates the role of the criminal law in regulating healthcare across England and Wales, using prior legal case studies, and focussing on the offence of gross negligence manslaughter (GNM). It further examines the extent to which the law promotes patient safety and minimises fatal errors in healthcare. Medical negligence resulting in a patient's death invokes the more punitive criminal law. In the context of the legal framework in England and Wales, individuals, including medical professionals, who are found to have caused a fatality due to 'gross negligence' may potentially be subject to manslaughter charges. Healthcare delivery is complex as it involves working in high-risk environments, invariably as part of a team. When things go wrong, it is rarely the result of an individual's error but rather a systemic failure. Human factors that may contribute to GNM include organisational influences such as trust targets and pressures to deliver results, unsafe supervision, or inadequate staffing, and preconditions for unsafe acts whereby clinicians are fatigued whilst performing multiple roles simultaneously. A more just culture is warranted in response to the criminalisation of cases of healthcare malpractice, in particular those involving GNM, in which healthcare professionals would be able to learn without fear of retribution.

Medical Malpractice Among Orthopedic Surgeons in Greece: An Analysis of Court Decisions.

Introduction Medical malpractice occurs when a physician, through incorrect medical action or omission, causes the patient to suffer physical harm or loss of life. Orthopedics is a high-risk medical specialty. Orthopedic surgery encompasses a wide range of procedures, including joint replacements, fracture repairs, and spinal surgeries. While orthopedic surgeons strive to provide optimal care to their patients, medical liability claims are a reality they must face. The aim of this study is to analyze the epidemiological data of judicial decisions and cases in Greece for the Specialty of Orthopedics. Material and methods Published court decisions involving medical liabilities of orthopedic surgeons and anesthesiologists, or only orthopedic surgeons were searched, in the period between 1985 and 2021. The judicial decisions were analyzed by an experienced anesthesiologist and an orthopedic surgeon based on medical knowledge and experience. Patients' age, gender, date of operation and the causes that led to the doctors' persecution were also recorded. Results Seventy court decisions of the first, second, and third degree were found. These decisions related to 34 cases: seven convictions for manslaughter, 18 convictions for bodily harm, and nine acquittals - exempting compensation. They involved 11 men and 13 women. The claims mainly related to intraoperative and postoperative complications in 20 (83.3%) of the 24 cases. Complications in elective spinal and lower extremity surgeries represent 50% (n = 12) of cases, while postoperative complications account for 16.7% of cases (n = 4). Conclusions The present study concluded that an accumulation of experience in large orthopedic centers is needed to improve the performance of orthopedic surgeons during surgery and patient monitoring. Many legal cases are due to the mismatch between patient expectations and the limitations in medicine. Thorough preoperative control and better preoperative communication with the patient are needed, in order to improve the performance of orthopedic surgeons and prevent a significant part of the claims.

Emerging trends in domestic homicide/femicide in Greece over the period 2010-2021.

Temporal trends in epidemiological parameters of domestic homicide and femicide in Greece over the last decade have not yet been studied. We conducted this study to fulfill this purpose. Specifically, we conducted a retrospective epidemiological study using 11-year data from the official nationwide Hellenic Police Archives and statistically analyzed data regarding domestic homicide and femicide. Overall, 1370 records of homicides among which 236 domestic homicides were identified. The pattern emerging from the statistical results of the present study highlighted the phenomenon of femicide as the gravest current issue to be interpreted and addressed. Nationally, the average number of homicides was 114.2/year, among which 19.7 domestic homicides. However, in 2021, while a decrease was recorded in homicides in general to 89 incidents per year, domestic homicides skyrocketed to 34 cases, reaching the highest annual number ever nationally recorded. On average, domestic homicides account for 18.2% of all homicides in Greece. In 2021, however, this percentage rose to 38.2%. The number of male victims of domestic homicide has declined over the years, with a further decline in 2021, in stark contrast to the number of women escalating over time and even more sharply in 2021. The proportion of female victims of domestic homicides in Greece was fourfold higher on average. The fact that cases of domestic homicide and femicide have received a lot of media attention, the recent Greek financial crisis, as well as increased alcohol and drug consumption due to the COVID-19 pandemic constitute possible aggravating factors.

La macroviolencia encubridora y la invisibilización de las víctimas del conflicto. Estudio etnográfico de la masacre de Cienaguita-Pita (Atlántico) / Macroviolence and the invisibilization of the victims of the conflict. Ethnographic study of the Cienaguita-Pita massacre (Atlántico) / Macro-violência e a invisibilização das vítimas do conflito. Estudo etnográfico do massacre de Cienaguita-Pita (Atlántico)

Este artículo argumenta que la macroviolencia ha invisibilizado buena parte de las masacres ocurridas en regiones donde el conflicto interno fue de menor intensidad, ha banalizado sus efectos en pequeñas poblaciones, y con ello, ha provocado una relación transaccional entre el Estado y victimarios con las víctimas de masacres de menor escala. Por esta razón, por medio de un estudio de caso, haciendo uso de entrevistas semiestructuradas, grupos focales y encuestas al universo de habitantes de Cienaguita-Pita (Atlántico), se ilustrará cuáles fueron los efectos de la masacre, las entradas diferenciadas del Estado y el acceso que tuvieron las víctimas a los derechos a la verdad, justicia, reparación, no repetición y dignificación. Por último, este artículo pretende visibilizar una de las masacres ocurridas en el Caribe, que ha sido oculta por cuenta de la macroviolencia que caracterizó a la región en las décadas de 1990 y 2000, y demostrar, además, que el Estado es quien ha asumido la carga de indemnizar a las víctimas y establecer algunos insumos para reconstruir la verdad en el conflicto armado.

This article argues that macro-violence has made invisible a good part of the massacres that occurred in regions where the internal conflict was of lesser intensity, has trivialized its effects in small populations, and with it, has provoked a transactional relationship between the State and victimizers with the victims of smaller scale massacres. For this reason, by means of a case study, using semi-structured inter-views, focus groups and surveys of the universe of inhabitants of Cie-naguita-Pita (Atlántico), we will illustrate the effects of the massacre, the State>s differentiated approaches and the victims> access to the rights to truth, justice, reparation, non-repetition and dignity. Finally, this article aims to make visible one of the massacres that occurred in the Caribbean, which has been hidden due to the macro-violence that characterized the region in the 1990s and 2000s, and also to demonstrate that the State has assumed the burden of compensating the victims and establishing some inputs to reconstruct the truth in the armed conflict.

Este artigo argumenta que a macro-violência tornou invisível uma grande parte dos massacres que ocorreram em regiões onde o conflito interno foi de menor intensidade, banalizou os seus efeitos em pequenas populações, e provocou assim uma relação transaccional entre o Estado e os perpetradores com as vítimas de massacres de menor escala. Por este motivo, através de um estudo de caso, utilizando entrevistas semi-estruturadas, grupos focais e inquéritos aos habitantes de Cienaguita-Pita (Atlántico), ilustraremos os efeitos do massacre, as abordagens diferenciadas do Estado e o acesso das vítimas aos direitos à verdade, à justiça, à reparação, à não repetição e à dignidade. Finalmente, este artigo visa tornar visível um dos massacres ocorridos nas Caraíbas, que foi escondido devido à macro-violência que caracterizou a região nos anos 90 e 2000, e também demonstrar que o Estado assumiu o ónus de compensar as vítimas e estabelecer alguns contributos para a reconstrução da verdade no conflito armado.

The forensic implications of food hypersensitivity - a review of cases in United Kingdom courts: January 2014-February 2020.

AIMS: Food allergy is a major public health concern. Failures of food allergen avoidance and the consequences for those with food hypersensitivity (allergies, intolerances and coeliac disease) have a forensic context. The aim of this study was to collate and analyse the use of action in the United Kingdom (UK) courts as redress following adverse food allergy reactions or failures of allergen management. METHODS: Details of prosecutions during the study period (1 January 2014 to 31 January 2020) were recorded from regular key word Internet searches. National and local news reports were primary sources, along with commentary from enforcement and regulatory professionals. Information was also collected from coroners' inquests by attending hearings and direct contact with coroners and participants in the hearings. Freedom of Information requests were made to local authority enforcement departments. In several cases, the authors had direct involvement in investigations. RESULTS: From 2014 to 2020, there was an increase in reports. Seventy prosecutions were recorded as well as two associated appeals and two applications for Hygiene Emergency Prohibition Notice. This resulted in 68 convictions; seven individuals received custodial sentences, three of which were suspended although one individual had a tagged curfew imposed. Fines ranged from £50 to £93,000. Details of the law applied and the evidence gathering processes are reported. CONCLUSION: Legal action, including landmark prosecutions for Gross Negligence Manslaughter and Preventing Future Deaths reports from coroners, with salience of criminal penalties, has led to changes in labelling law and improved allergen management practices better to protect the interests of patients with food hypersensitivities. A central system of collation of such data, and on 'near misses', will enable more focused root cause analysis to further improve allergen management and reduce patient risk.

"Everything Changes": Listening to Homicidally Bereaved Individuals' Practice and Intervention Needs.

This study sought to understand how individuals bereaved through homicide (murder or manslaughter) describe their postevent experiences to inform clinical needs and promote mechanisms for change. A total of 21 participants (18 females) between the ages of 29 and 66 (M age = 47.81 years, SD = 8.99) took part in this study. They were all participating in a residential program for homicidally bereaved individuals and were all residents in the United Kingdom. The sample comprised of 12 parents, five siblings, one partner, one daughter, one friend, and one grandmother of the deceased. The length of time since the bereavement varied from 12 months to 18 years (M = 2.48, SD = 1.80). Thematic analysis was used to analyze the narratives collected. Three central themes emerged, namely (a) uniqueness of the experience, (b) changed self and world, and (c) mixed experiences of support. The uniqueness of the individuals' experiences was associated with the nature of the homicide event and the consequences that are unlikely to occur in "normal" deaths (e.g., judiciary). A sense of a changed self (e.g., ongoing emotional/mental and physical responses, coping) and world (e.g., changed beliefs regarding safety and criminal activity) seemed to be contributing to different shades of (mal)adjustment. Adaptive and protective strategies were identified. The current study with a large qualitative sample generated a unique, rich description/integration about individuals' journeys following an experience of homicidal bereavement. Findings are likely to inform policy and clinical practice by considering individuals' voices.

Gross Negligence Manslaughter in Healthcare: Time for a Restorative Justice Approach?

This article explores the merits of employing a restorative justice approach in cases of gross negligence manslaughter involving healthcare professionals, in line with the recent policy turn towards developing a just culture in addressing episodes of healthcare malpractice within the National Health Service in England. It is argued that redress for victims and rehabilitation of offenders should operate as key values, underpinning the adoption of a restorative justice approach in such cases. It would also be vital that a structured pathway was designed that established suitable protocols and safeguards for both victims and offenders taking account of problematic issues such as the informality of the process, power asymmetries between parties, and the context in which the offence took place. Taking all such matters into account, we propose that consideration be given to establishing a pilot involving the use of restorative justice in cases of gross negligence manslaughter involving healthcare professionals, which would be subject to judicial and stakeholder oversight to ensure transparency and accountability, which in turn could inform future policy options.

Regulatory justice following gross negligence manslaughter verdicts: Nurse/doctor differences.

Two professionals who treated Jack Adcock before his death were convicted of gross negligence manslaughter, receiving 24-month suspended sentences. His nurse, Isabel Amaro, was erased from the nursing register; but after reviews in the High Court and Court of Appeal, his doctor, Hadiza Bawa-Garba, was merely suspended. This article explores the proposition that nurses are at greater risk of erasure than doctors after gross negligence manslaughter through a close reading of the guidance for medical and nursing tribunals informed by analysis from the High Court and Court of Appeal in the Bawa-Garba cases. Examination of the relevant sections of the guidance for medical and nursing tribunals reveals no significant differences. An outline of the conduct that amounted to breach of duty of care by Amaro and Bawa-Garba shows that their conduct could satisfy the thresholds for erasure given in their professions' respective guidelines for tribunals. Both presented similar mitigating evidence, although this cannot be weighed heavily in a professional tribunal setting. Thus, Amaro was treated more harshly than Bawa-Garba without a simple explanation. However, I suggest that the Nursing and Midwifery Council's Conduct and Competence Committee made a mistaken 'presumption of erasure' for gross negligence manslaughter and misinterpreted the sway that sentencing remarks should hold over tribunals. Both of these types of error were criticised by the Court of Appeal in Bawa-Garba. Furthermore, the Conduct and Competence Committee did not flesh out its analysis of 'public confidence' or acknowledge Lord Hoffmann's caution against ending 'useful' careers for the sake of public confidence, but Bawa-Garba's legal team ensured these arguments were taken into account by the Medical Professional Tribunal. The Conduct and Competence Committee's failures are not inherent to Nursing and Midwifery Council procedure or policy. Rather Amaro's self-representation appears to have impaired her access to justice. Tribunals must accept their right, and responsibility, to reach their own conclusions.

Permission without Direction: Gross Negligence Manslaughter and Erasure following Bawa-Garba.

This article explores when a doctor convicted of gross negligence manslaughter would be erased from the medical register. The General Medical Council (GMC) sanctions guidance avoids directing the Medical Practitioners Tribunal (MPT) about erasure following gross negligence manslaughter and rulings at the High Court and Court of Appeal argue against any presumption of erasure after a doctor is convicted of gross negligence manslaughter. The Court of Appeal in Bawa-Garba ruled that the sanctions guidance should not be taken to guide the MPT towards erasure after "serious harm to others either deliberately or through incompetence", but merely permits erasure in those circumstances. This approach is consistent with the rest of the sanctions guidance which allows the MPT wide discretion and defends that MPT's case-by- case approach. This promotes decision-making behind closed doors, diminishes the Sanctions Guidance, and makes it difficult to predict when a doctor will be erased after gross negligence manslaughter.

Who Should We Blame for Healthcare Failings? Lessons from the French Tainted Blood Scandal.

Many well-known cases of 'medical manslaughter' have shown that systemic issues play a significant role in contributing to fatal errors in healthcare institutions. The most prominent NHS scandal, Mid Staffordshire, demonstrated that wrongful prioritization of resources and staff shortages had contributed to the deaths of between 400 and 1200 patients due to appalling care by nursing staff and doctors between 2005 and 2009. Following the scandal, the Trust was prosecuted and convicted of a criminal offence under the Health and Safety at Work Act 1974 in 2014 and 2015. In contrast, in a scandal of comparable scale across the Channel, 'the HIV-contaminated blood scandal', individual decision-makers were subject to criminal convictions. Learning from features of the French criminal process, and the aftermath of the 1980s French tainted blood scandal, this article argues that the criminal process can only be a useful response to healthcare systemic failings if higher-level decision-makers are also included in the scope of criminal liability when they have recklessly endangered patients. When no individual reckless fault is found on the part of decision-makers, corporate criminal liability is a suitable alternative to individual criminal liability, if it is focused on ensuring safety and offering justice to patients who have been harmed as a result of healthcare systemic failings.

Neglect by carers.

There have been two widely reported criminal cases where informal carers, including family members, have been found guilty of the gross negligence manslaughter of the vulnerable person in their care. In this article, Richard Griffith considers the duty on informal carers when caring for a person and the duty on district nurses to protect vulnerable persons from harm.

Regulation of Substandard Medical Practice: Lessons from the Bawa-Garba Case.

The regulation of substandard or dangerous clinical work by medical practitioners is one of the most challenging areas of medical regulation. There is an important conceptual distinction between poor or suboptimal clinical conduct and the outcome of such conduct. It is also important that harsh sanctions are not imposed by reason of a tragic result for a patient or a perception that no other regulatory response will be acceptable to the community. The line needs to be straddled between maintaining public confidence with stern and robust action being taken to protect the public and maintain standards, on the one hand, and, on the other hand, informed and realistic evaluation of conduct, taking into account the pressures that exist in the real world of clinical practice and the reality that all practitioners are fallible. Debate has been reignited by the decision of the High Court in General Medical Council v Bawa-Garba [2018] WLR (D) 52; [2018] EWHC 76 (Admin) about whether and when gross negligence manslaughter charges constitute a constructive way of rendering doctors accountable and how draconian the regulatory sanctions should be that are imposed when clinical conduct has been found to be truly exceptionally bad. Such evaluations need to be conducted in humane recognition of systemic and colleagues' deficiencies but principally by reference to what needs to be done to ensure responsible, caring and competent medical practice.

District nurses now less likely to face prosecution for gross negligence manslaughter.

In this article the author discusses the Court of Appeal decision in R v Rose [2017] that redefines the threshold for prosecution for gross negligence manslaughter. The impact on district nurses will be that they are unlikely to face prosecution where a careless error contributed to a patient's death unless there was a serious and obvious risk of death at the time the error was made.

Exposure to Genocide as a Risk Factor for Homicide Perpetration in Rwanda: A Population-Based Case-Control Study.

A population-based case-control study was conducted to assess the relationship between genocide exposure and homicide perpetration in Rwanda. A sample of 150 homicide perpetrators who were charged with and confessed to having committed homicide between 1 May 2011 and 31 May 2013 and 450 controls were enrolled. Cases were matched to controls by neighborhood, age and sex. Socio-demographic, background and genocide-related information was collected from study subjects' next of kin. Four characteristics of genocide exposure were: genocide survivor, genocide perpetrator, having lost a first-degree relative to genocide and having a first-degree relative convicted of genocide. We assessed the impact of each genocide-exposure variable using conditional logistic regression. Of the 150 cases, 124 (82.7%) were male and 26 (17.3%) were female. The mean age of the alleged homicide perpetrators was 33 years, with a peak in the age group 20-29 years (39.3%). After adjusting for socio-demographic characteristics and past common criminal records, having a first-degree relative who had been convicted of genocide crimes was a significant predictor for homicide perpetration (odds ratio [OR] = 14.4, 95% confidence interval [CI] = 1.6-129.4). Being a genocide perpetrator, a genocide survivor and having lost a first-degree family member to genocide were not identified as risk factors for homicide perpetration. In Rwanda, young people who experienced early exposure to trauma by witnessing their first-degree relatives' active participation in the genocide, are more likely to commit homicide. Socio-economic and psychotherapeutic programs targeting this population group are needed to rehabilitate these young people for violent behavior change.

Intimate Partner Homicide: Themes in Judges' Sentencing Remarks.

The aim of this study was to analyse judges' sentencing remarks in cases of intimate partner homicide. Grounded theory methodology was used to undertake a qualitative analysis of the remarks, and the emanating data identified four key themes, as discussed in this article. These themes are: the sentencing of Aboriginal offenders; offender violence; the use of alcohol and/or drugs; and provocation. Broadly speaking, the data reflect that judges' sentencing remarks echo themes of offenders' denial of responsibility, thereby minimising harm and justifying violence against females. Also, judges fail to attribute a sufficient degree of responsibility to offenders for their voluntary consumption of alcohol or drugs and their subsequent violent behaviour. The study also found that, as a defence, provocation continues to favour males as the main beneficiaries. The study provides quantitative data which show that Aboriginal males are sanctioned less harshly than non-Aboriginal males.

"I didn't want to do it!" The detection of past intentions.

In daily life and in courtrooms, people regularly analyze the minds of others to understand intentions. Specifically, the detection of intentions behind prior events is one of the main issues dealt with in courtrooms. To our knowledge, there are no experimental works focused on the use of memory detection techniques to detect past intentions. This study aims at investigating whether reaction times (RTs) could be used for this purpose, by evaluating the accuracy of the autobiographical Implicit Association Test (aIAT) in the detection of past intentions. Sixty healthy volunteers took part in the experiment (mean age: 36.5 y; range: 18-55; 30 males). Participants were asked to recall and report information about a meeting with a person that had occurred at least 1 month before. Half of the participants were required to report about an intentional meeting, whereas the other half reported on a chance meeting. Based on the conveyed information, participants performed a tailored aIAT in which they had to categorize real reported information contrasted with counterfeit information. Results demonstrated that RTs can be a useful measure for the detection of past intentions and that aIAT can detect real past intentions with an accuracy of 95%.

Exégesis de los delitos en Colombia, 2011 / Exegese dos crimes na Colômbia, 2011 / Exegesis of Criminal Offenses in Colombia, 2011

Este escrito contiene un estudio descriptivo y analítico de los datos delictivos consolidados por la Policía Nacional en Colombia durante el año 2011, y reflexiona en la criminogenia observada en todo el territorio nacional, utilizando mapas criminales con la intención de avizorar geográficamente las dinámicas delictuales regionales. De otra parte, efectúa una descripción comparativa de los delitos de impacto social en los años 2010 y 2011, para luego cavilar sobre las principales variables en cada tipo penal y las modalidades utilizadas por los victimarios; finaliza en la presentación de tablas con índices estadísticos y el análisis espacial de los comportamientos criminosos de mayor impacto en el país.

This article contains a descriptive and analytical study of criminal data as consolidated by the National Police in Colombia during 2011, and some refl ections about the criminogenesis throughout the national territory with the use of crime maps for the purpose of envisioning regional criminal dynamics on a geographical basis. Moreover, it makes a comparative description of off enses with social impact in 2010 and 2011, followed by some pondering over the main variables in each criminal type, as well as the modalities used by the perpetrators; fi nally, it presents come tables with statistical indices,and a spatial analysis of the most shocking criminal behaviors in the country.

Este escrito contém um estudo descritivo e analítico dos dados criminais consolidados pela Polícia Nacional da Colômbia, durante o ano de 2011 e re-fl ete em criminogenia observada em todo o país, usando mapas criminais com a intenção de geografi camente prever a dinâmica criminal regional. Por outro lado, realiza uma descrição comparativa dos crimes de impacto social em 2010 e 2011, para depois cismar sobre as principais variáveis em cada tipo penal e modalidades utilizadas pelos autores; termina a apresentação de tabelas com índices estatísticos e análise espacial desses comportamentos criminosos com maior impacto no país.