The time of death in Dutch court; using the Daubert criteria to evaluate methods to estimate the PMI used in court
Autor: | Erik Stigter, Wilma Duijst, Jens Amendt, Tristan Krap, Tamara Gelderman |
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Přispěvatelé: | Criminal Law and Criminology, RS: FdR Institute MICS |
Rok vydání: | 2021 |
Předmět: |
FINITE-ELEMENT MODEL
POSTMORTEM SUBMERSION INTERVAL Pathology and Forensic Medicine Forensic medicine Ethnicity Humans FLESH FLIES DIPTERA Actuarial science PHOTOMETRIC MEASUREMENT Post-mortem interval Jurisprudence ELECTRICAL EXCITABILITY FORENSIC ENTOMOLOGY Alibi Time of death Daubert criteria Issues ethics and legal aspects 3RD INSTAR LARVAE Multiple experts Postmortem Changes RECTAL TEMPERATURE TIME VITREOUS POTASSIUM LEVEL Autopsy Crime RIGOR-MORTIS Suspect Psychology Entomology Forensic experts |
Zdroj: | Legal Medicine, 53:101970, 1-12. Elsevier |
ISSN: | 1344-6223 |
DOI: | 10.1016/j.legalmed.2021.101970 |
Popis: | 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. |
Databáze: | OpenAIRE |
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