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Gelderman T, Stigter E, Krap T, Amendt J, Duijst W. The time of death in Dutch court; using the Daubert criteria to evaluate methods to estimate the PMI used in court. Leg Med (Tokyo) 2021; 53:101970. [PMID: 34601451 DOI: 10.1016/j.legalmed.2021.101970] [Citation(s) in RCA: 9] [Impact Index Per Article: 3.0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 02/22/2021] [Revised: 09/17/2021] [Accepted: 09/21/2021] [Indexed: 10/20/2022]
Abstract
When a capital crime is committed the post-mortem interval (PMI) is of particular importance in investigating a suspect's alibi in court. A forensic expert can use different methods to estimate the PMI. This research focuses on who is considered an expert in court and whether the methods used to estimate the PMI are reliable. In this study, the methods used to estimate the PMI and the experts consulted, available in Dutch jurisprudence, in the period 2010-2019 were investigated. Ninety-four judicial cases were included and multiple experts and methods of estimating the PMI were found. As part of this study, the methods that were used to estimate the PMI in court were subjected to the Daubert criteria. Of these methods, only the Henssge nomogram and entomological methods met the Daubert criteria. However, the methods are only useful when applied by the right forensic expert and in the right manner. Unfortunately, this was not always the case.
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Affiliation(s)
- Tamara Gelderman
- Faculty of Law and Criminology, Maastricht University, Minderbroedersberg 4-6, 6211 LK Maastricht, the Netherlands.
| | - Erik Stigter
- Faculty of Law and Criminology, Maastricht University, Minderbroedersberg 4-6, 6211 LK Maastricht, the Netherlands
| | - Tristan Krap
- Faculty of Law and Criminology, Maastricht University, Minderbroedersberg 4-6, 6211 LK Maastricht, the Netherlands; Amsterdam UMC, Location AMC, Department of Medical Biology, Section Anatomy, Amsterdam, the Netherlands; Ars Cogniscendi Foundation for Legal and Forensic Medicine, Wezep, the Netherlands
| | - Jens Amendt
- Institute of Legal Medicine, University Hospital Frankfurt am Main, Goethe-University, Frankfurt am Main, Germany
| | - Wilma Duijst
- Faculty of Law and Criminology, Maastricht University, Minderbroedersberg 4-6, 6211 LK Maastricht, the Netherlands; Ars Cogniscendi Foundation for Legal and Forensic Medicine, Wezep, the Netherlands
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Geissenberger J, Ehrenfellner B, Monticelli FC, Pittner S, Steinbacher P. Dismembered porcine limbs as a proxy for postmortem muscle protein degradation. Int J Legal Med 2021; 135:1627-1636. [PMID: 33956198 PMCID: PMC8205874 DOI: 10.1007/s00414-021-02571-6] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Grants] [Track Full Text] [Download PDF] [Figures] [Journal Information] [Subscribe] [Scholar Register] [Received: 12/21/2020] [Accepted: 03/11/2021] [Indexed: 12/14/2022]
Abstract
The estimation of the postmortem interval (PMI) is of critical importance in forensic routine. The most frequently applied methods, however, are all restricted to specific time periods or must be excluded under certain circumstances. In the last years it has been shown that the analysis of muscle protein degradation has the potential to contribute to according delimitations in practice. In particular, upon biochemical analysis, the specific time points of degradation events provide reasonable markers for PMI delimitation. Nevertheless, considerable research is yet required to increase the understanding of protein decomposition and how it is affected by individual and environmental influencing factors. This is best investigated under standardized conditions, however, a considerate selection of proxies, regarding costs, effort, and expected outcome is required. Here, we use pigs to compare muscle protein decomposition in whole bodies and dismembered body parts (amputated hind limbs). Not only do experiments on body parts reduce the costs and allow easier handling in basic research, but also they aid to investigate the practical application of PMI estimation in dismembered body parts, or other extensive injuries, which are not unusual scenarios in crime investigation. Specifically, we investigated whether there are differences in the degradation rates of selected muscle proteins, sampled from dismembered legs and from hind limbs attached to whole pig bodies. Our results show distinct time-dependent degradation patterns of muscle proteins in a predictable manner regardless of sample origin. We are able to demonstrate that amputated hind limbs are suitable proxies for the analysis of muscle protein degradation, especially to investigate certain influencing factors and establish according standardized models.
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Affiliation(s)
- J Geissenberger
- Department of Biosciences, University of Salzburg, Hellbrunner Str. 34, 5020, Salzburg, Austria
| | - B Ehrenfellner
- Department of Biosciences, University of Salzburg, Hellbrunner Str. 34, 5020, Salzburg, Austria
| | - F C Monticelli
- Department of Forensic Medicine and Forensic Neuropsychiatry, University of Salzburg, Salzburg, Austria
| | - Stefan Pittner
- Department of Forensic Medicine and Forensic Neuropsychiatry, University of Salzburg, Salzburg, Austria
| | - Peter Steinbacher
- Department of Biosciences, University of Salzburg, Hellbrunner Str. 34, 5020, Salzburg, Austria.
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Abstract
A thorough understanding of the physical and chemical changes that occur in the body after death is critical for accurate interpretation of gross and microscopic pathology at autopsy. Furthermore, knowledge of the postmortem processes and the factors that affect them will aid in the estimation of the postmortem interval (PMI). The estimation of the PMI is important in many human and animal death investigations. Despite many decades of research, accuracy in estimation of the time of death has not significantly improved, and no single method can be reliably used to accurately estimate the time of death. Great care should be taken when formulating such an estimate, for it is dependent on multiple circumstantial and environmental factors, and the accuracy and precision of the estimate decrease as the PMI increases. The majority of the research in the field has been conducted on human bodies, but many relevant conclusions may be drawn regarding the expected postmortem changes in animals and the estimation of the PMI. The veterinary pathologist must use great caution when attempting to extrapolate data and apply formulas designed for use in humans. Methods reviewed include gross changes, microscopic changes, temperature-based methods, postmortem chemistry, molecular methods, microbial assay, ocular changes, radiography, entomology, and others. Although only several of these methods are currently practical for use in the workup of cases, it is expected that future research will result in improved techniques with enhanced accuracy in the estimation of the PMI, which will benefit both human and veterinary forensic investigations.
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Affiliation(s)
- J W Brooks
- Animal Diagnostic Laboratory, Department of Veterinary and Biomedical Sciences, College of Agricultural Sciences, The Pennsylvania State University, University Park, PA
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Elmas I, Baslo MB, Ertas M, Kaya M. Compound muscle action potential analysis in different death models: significance for the estimation of early postmortem interval. Forensic Sci Int 2002; 127:75-81. [PMID: 12098529 DOI: 10.1016/s0379-0738(02)00112-3] [Citation(s) in RCA: 11] [Impact Index Per Article: 0.5] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/20/2022]
Abstract
In this experimental study, we investigated the varieties of excitability of gastrocnemius muscle via sciatic nerve as per different death models (asphyxia, abundant-bleeding and gradual-bleeding) on rats and the significance for the estimation of postmortem interval was evaluated. For this purpose, the rats were applied different stimulus intensities (5, 20, 40 mA) with 0.1 ms duration, before, during and every 5 min after death, using rectangular impulses, and the mean amplitude, onset latency and area values for each compound muscle action potential (CMAP) were elicited. It was detected that amplitude and area increased and onset latencies prolonged in the first postmortem 15 min. From the 15 min, CMAP area and amplitude showed an ever-increasing decrease and the prolongation of onset latencies became apparent. The decrease rate of area and amplitude was found to be statistically significantly different in asphyxia and abundant-bleeding models compared with in gradual-bleeding model, at 30 min measurements. However, there was not any significant difference in onset latency increase rates of three groups. Separately, any significant correlation between the agony and excitability periods among the groups could not be detected. The fact that the increase rate of onset latency did not show a significant difference as per death models indicated that onset latency ratios would be more appropriate criteria in determination of postmortem interval, regardless the reason of death.
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Affiliation(s)
- Imdat Elmas
- Department of Forensic Medicine, Istanbul Medical Faculty, Istanbul University, 34390, Capa-Istanbul, Turkey.
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Elmas I, Baslo B, Ertas M, Kaya M. Analysis of gastrocnemius compound muscle action potential in rat after death: significance for the estimation of early postmortem interval. Forensic Sci Int 2001; 116:125-32. [PMID: 11182263 DOI: 10.1016/s0379-0738(00)00362-5] [Citation(s) in RCA: 6] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/16/2022]
Abstract
The estimation of postmortem interval is of great importance in forensic medicine. Changes in the properties of excitable tissue provide another possible means by which the time of death can be estimated. This paper reports the monitorization of the compound action potentials recorded from gastrocnemius muscle by means of sciatic nerve stimulation in rats before and after death. The sciatic nerve was stimulated using rectangular impulses of 0.1ms duration and intensities ranged between 1 and 100mA while the rat was alive. Subsequently, the rat was killed by cervical dislocation. The similar measurement procedure was performed at the moment of death and every 5min after sequentially. There was a progressive decline in amplitude values that began 10min after death. The decrease in the amplitude of the compound muscle action potentials (CMAP) was most prominent especially when elicited with lower stimulus intensities. The mean area of the CMAPs also began to decrease beginning from 15min after death. Fifteen minutes after death, the motor latencies began to prolong. Thirty-five minutes after death, the decline in amplitude and area of mean CMAP was most prominent as the mean motor latency. At the 40th minute, most of the CMAPs were unelicitable. During the early postmortem interval, these amplitude, area and motor latency alterations decrease in the amplitude and area, prolongation of motor latency seems to be well correlated with each other and this was statistically significant. These findings are discussed as possible basis of a forensic method for postmortem interval estimation.
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Affiliation(s)
- I Elmas
- Department of Forensic Medicine, Istanbul University, Istanbul Medical Faculty, Capa-Istanbul, Turkey.
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McDowall KL, Lenihan DV, Busuttil A, Glasby MA. The use of absolute refractory period in the estimation of early postmortem interval. Forensic Sci Int 1998; 91:163-70. [PMID: 9530829 DOI: 10.1016/s0379-0738(97)00191-6] [Citation(s) in RCA: 11] [Impact Index Per Article: 0.4] [Reference Citation Analysis] [Abstract] [MESH Headings] [Grants] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 02/07/2023]
Abstract
The estimation of the time since death (postmortem interval) is one of the most difficult problems in forensic pathology. Most methods currently employed use temperature-based algorithms intended to model the cooling of the body after death and thus estimate the postmortem interval. These methods are subject to considerable inaccuracy but their reliability can be improved if a range of other observed criteria such as lividity and rigor are also taken into consideration. The aim of the present study was to investigate the feasibility of using the absolute refractory period as an adjunct to the estimation of postmortem interval. The relationship between the 'postmortem interval' and the 'duration of absolute refractory period' was investigated using the rat sciatic nerve. A strong correlation between the duration of the absolute refractory period and the postmortem interval was observed. When both absolute refractory period and temperature were used in conjunction, the strength of this correlation was increased.
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Affiliation(s)
- K L McDowall
- Department of Anatomy, University of Edinburgh Medical School, UK
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Jones MD, James WS, Barasi S, Nokes LD. Postmortem electrical excitability of skeletal muscle: preliminary investigation of an animal model. Forensic Sci Int 1995; 76:91-6. [PMID: 8566916 DOI: 10.1016/0379-0738(95)01802-6] [Citation(s) in RCA: 7] [Impact Index Per Article: 0.2] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 01/31/2023]
Abstract
Presented is a preliminary study of the feasibility of using an animal model to investigate the postmortem time-dependent decay in muscular response, when subjected to electrical stimulation and to develop an animal model for the assessment of the use of electrical excitability as a method for determining the postmortem period of a human corpse. Analysis of the results shows a correlation between the rate of decay of muscular response with the postmortem interval.
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Affiliation(s)
- M D Jones
- Medical Systems Engineering Research Unit, ENGIN, University College of Cardiff, Wales, UK
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Madea B. Comments on "Nerve conduction as a means of estimating early postmortem interval" by K. J. Straton, A. Busuttil and M. A. Glasby. Int J Legal Med 1993; 105:301-3. [PMID: 8385985 DOI: 10.1007/bf01370389] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 01/30/2023]
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