BRICLEY, Megan and Roxxana Ferllini - Forensic Anthropology. Development in Two Continents
BRICLEY, Megan and Roxxana Ferllini - Forensic Anthropology. Development in Two Continents
ANTHROPOLOGY
Case Studies from Europe
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ISBN-13 978-0-398-05703-7(hard)
ISBN-13 978-0-398-07704~4(paper)
INTRODUCTION
HISTORICAL BACKGROUND
Anthropology
Cult~~ral
0
Anthropology Archaeology Linguistics Physical Anthropology
1 Forensic Anthropology
Figure 1-1. The genesis of forensicanthropology and subdisciplines as taught in many universities in the United
States.
Forensic Anthropology: Developments in Two Continents 5
gists of the time with a guide in which to base their forensic work. The guide was es-
pecially useful during World War 11, where the intervention of forensic anthropol-
ogists increased due to the large quantities of soldiers being killed in action, and the
corpses of many not being easily recognizable for identification in the field (Stewart,
lY79;Joyce and Stover, 1992; Kennedy, 2000; Nafte, 2000).
During the same period, referred to by some as ihe "modern period," one of
HrdliEka's students, T. D. Stewart (1901-1997), worked at the Smithsonian Institu-
tion and succeeded the former upon his retirement in 1942. While at the Smith-
sonian, Stewart also became involved with the EB.1. until 1969, conducting court
appearances when needed as an expert witness, and in the process, bringing to light
the discipline as an important element in effective crime investigation (Kennedy,
2000; Ubelaker, 2000b).
Up to this point, it was the cases pursued by the F.B.I. that helped in the devel-
opment of the discipline. However, during World War I1 due to the number of sol-
diers from the United States dying at the front and the need for identification, the
United States Army sought to have the remains of their soldiers identified and repa-
triated. Forensic personnel were sent to Hawaii, and in 1947 the Central Identifi-
cation Laboratory was established at Hickman Air Force Base, Hawaii (Nafte, 2000).
Today, the function of the U.S. Army CILH, is to identify American soldiers miss-
ing from past armed conflicts, by utilizing bone, dental and DNA analysis
(Hoshower, 1999; Webster, 1998). Out of the identification work done on the casu-
alties brought on by World War I1 and the Korean War (where identification was
conducted at Kokura, in the island of Kyushu, Japan), development of more effec-
tive human identification techniques came about. Contributors in this endeavour
were McKern, Trotter, Gleser, and Todd among others (Stewart, 1979;Joyce and
Stover 1992, Kennedy, 2000; Ubelaker, 2000b). As a result, forensic anthropology
had better "tools" to arrive at identifications, and this began its consolidation as a
forensic discipline.
During the Vietnam Conflict, which began in the early 1960s and ended in 1974,
identification of the war dead was also needed; this process was conducted at the
Mortuary Central Identification Laboratory in Saigon (Stewart, 1979).
While the F.B.I. and the work of anthropologists in different wars assisted in the
development of the discipline, forensic anthropologists of the time did not have a
professional organization. In the 1970s, Dr. Ellis Kerley, Dr. Clyde Snow and Dr.
William Bass organized and established the Physical Anthropology section at the
American Academy of Forensic Sciences (Stewart, 1979; Bass, 1987; Ubelaker and
Hunt, 1995).Having being recognised as an independent specialty within the foren-
sic sciences, physical anthropologists thus gained a firm status in the field of foren-
sic investigations, and their active participation soon began to increase within a
wide variety of law enforcement agencies. After the Physical Anthropology section
came into being, the American Board of Forensic Anthropologists was created in
1977 to certify and maintain a list of competent anthropologists within the field of
Formic Anthropology: Deuelopmats in Two Continals 7
and 12 of this volume. Events that took place against individuals and entire popula-
tions have been effectively investigated, which serves to bring peace to the survivors.
Through the years, the discipline has become part of criminal investigations in
other parts of the world at various levels of involvcmcnt, and Europe is no exception.
European Development
and the defense, the use of an anthropologist is far from universal and the estab-
lishment of professional training and standards are still in their infancy. There is
currently no system of registration for forensic anthropologists as rigorous as that in
place for the U.S. The lack of widespread use, or professionalization of the disci-
pline, could be because despite very early begnnings of research in the field of
forensic anthropology in a number of European countries, as an independent dis-
cipline, forensic anthropology is still in its infancy.
It has been suggested (Thompson, 2003) that forensic anthropology in Britain
has largely grown due to its association with forensic archaeology, a situation that is
stated to be the reverse of the pattern in the U.S. The relationship between the de-
velopment of forensic anthropology and archaeology in Britain may also be the re-
verse of a number of other European countries. For example, it is reported by
Cattaneo and Baccino (2002) that there may be a growth in forensic archaeology
following on from use of forensic anthropology, and clearly, in many areas of
Europe, archaeology is considered a sub-discipline of anthropology as it is in the
US. In a number of other European countries, forensic anthropology has devel-
oped recently because medical professionals, such as forensic physicians in France,
are being encouraged to obtain training in forensic anthropology. It is reported by
can and Quatrehomme (1999:24) that in recent years there has been an increase
in the number of forensic physicians undertaking doctoral research in aspects of
forensic anthropology, but it is also stated (1$canand Quatrehomme, 1999) that not
all universities have the facilities or staff to offer this as an option. The fact that in
France forensic physicians undertake anthropological work means that they are au-
tomatically included in forensic investigations. However, &can and Quatrehomme
(1999:26) highlight the fact that formal training in forensic anthropology (academic
degrees) is absent; the only training in forensic anthropology started in France in
1990 as a workshop organized by Baccino and Ubelaker, in Brest and Montpellier.
The situation in Britain is very different and in a number of universities that offer
postgraduate qualifications in forensic anthropology. None of these qualifications
are currently accredited or officially recognized by any professional organization.
The background of students accepted on these courses is quite variable and few, if
any, students with training as medical doctors have undertaken such training.
Although training in forensic anthropology does exist in a number of European
countries, nowhere are there any clearly defined regulations regarding what this
training should entail, and so the quality of training across Europe is variable. The
only circumstance where there is more regulation or "official" input is where the
training is given as part of general medical training. In Holland, there are "official"
requirements covering work undertaken in forensics in general and these are set as
a series of obligatory (accredited)courses by the Netherlands Forensic Institute in The
Hague. However, there are no requirements that specifically relate to anthropol-
ogy. There have been some recent developments in forensic anthropology in Britain
with the establishment of forensic anthropology as an area of expertise covered by
12 Forensic Anthropoloa
the Council for the Registration of Forensic practitioners (CRFP) in 2003. How-
ever, it remains to be seen if this form of registration will prove as effective as reg-
istration of anthropologsts by the American Board of Forensic Anthropology in
the United States has been. In Britain over the past few years, a number of depart-
ments of forensic science have been established in universities, and four universities
teach aspects of forensic anthropology and archaeology from within an archaeol-
ogy department. Recently, training has become available outside that which might
traditionally have been offered as part of a medical degree in a number of Euro-
pean countries. The range of such training currently on offer in Europe is reviewed
by Cunha and Cattaneo (2006).
Britain is currently the only European country in which there is any type of spe-
cific official accreditation for forensic anthropologists (outside that offered as part of
a medical degree). However, there are moves in both Denmark and Germany to
establish such a system. It is hoped that a system of accreditation will be in place in
Denmark within the next twelve months, and plans in Germany are still a little way
behind. In 2004, the Forensic Anthropology Society of Europe (FASE) was estab-
lished under the umbrella of the International Academy of Legal Medicine
(http://users.unimi.it/labanof/fase/index.htm). The aim of FASE was to bring to-
gether anthropologists and other specialists in forensic medicine, and to promote
and further develop forensic anthropology. It is hoped that this organization will
encourage the wider use of forensic anthropologists. In countries, such as Portu-
gal, practitioners of forensic anthropology are working within FASE and looking
into the possibility of accreditation, of not only individuals, but also protocols and
laboratories.
One of the most important differences between Europe and the United States
are the far more limited opportunities to conduct experimental work and research
using recently deceased modern populations in Europe. Local variation in human
populations, differences in sexual dimorphism and rates and progression of age-re-
lated changes are important considerations for forensic anthropologists. Although in
many parts of Europe it is possible to undertake some research, nowhere are there
quite the same opportunities that exist in the U.S. In Britain, current legislation
(Anatomy Act, 1984; Anatomy Regulations, 1988; Human Tissue Act, 1961) make
it almost impossible to undertake any research that might assist in forensic cases.
Forensic anthropologists based in Britain are concerned by the restrictions imposed
by this legislation, which currently prohibits the use of human tissue in experimen-
tal work, although at the time of writing it is hoped that this may change with the in-
troduction of new legislation (Human Tissue Act, 2004) (Wendy Birch, pers. corn.).
Restrictions governing research on recently deceased individuals could place limi-
tations on future development of the discipline. Without the possibility of undertaking
Forensic Anthropology: Developments in Two Continents 13
this type of research the potential for forensic anthropology to make a valuable con-
tribution to forensic investigations in the future will be severely restricted. It would
be a significant benefit to the development of forensic anthropology if it were easier
for bonajde researchers, with clearly defined and well-constructed investigations to
be able to undertake studies. This difference does have implications for the use of
evidence provided by forensic anthropologists in court. A review of some of the
differences that exist between Europe and North America on admissibility of evi-
dence in court is provided by Cunha and Cattaueo (2006). The difficulty, in some
areas impossibility, of undertaking this type of research could be a major impedi-
ment to the development and further use of forensic anthropology in Europe.
In the review of forensic osteology by (Black, 2000:501) it is stated that the subject
is still in its infancy and that the next ten years would see its approach to maturity. Six
years after this was written little has changed, although it is now possible to register
with CRFP as an anthropologist in Britain. However, to date, formal accreditation of
anthropologists has not brought about greater involvement of anthropologists in
forensic cases. The legal system has not yet started to insist that only registered in-
dividuals are used in forensic cases. It is hard to know if moves towards formal ac-
creditation of forensic anthropologists in other areas of Europe will bring about more
rapid changes in the use of forensic anthropology than has happened in Britain.
However. as the exam~les~rovidedin this book demonstrate. there are manv ex-
amples frbm across ~ u k ~ e ' w h e anthropologists
re and medical professionals have
collaborated successfully on cases. It is reported by Cunha and Cattaneo (2006) that
cases involving collaboration between anthropologists and pathologists are in-
creasing. Indeed, there are a number of cases in the present volume where collab-
orations of this nature have proved very fruitful, but these cases should not be taken
as evidence that such collaboration is routine across Europe.
The case studies presented in this volume illustrate the many challenges that
forensic anthropologists face while assisting on everyday investigations called upon
by law enforcement agencies, as well as the challenges presented while in the field
and at mortuary when working in human rights investigations. The situations con-
fronted by forensic anthropologists within the European continent, and the different
interactions with the investigative parties will vary from country to country, and are
in contrast to many cases presented in the literature mostly coming from North
America. Within the chapters presented in this volume, it is possible to appreciate
the differences in the legal context in which the cases are investigated.
The Spanish medicolegal approach to forensic homicide cases is explained by
Prieto in Chapter 2 of this volume, and compared to that applied in the United
States. This chapter describes the ways in which the role of the forensic anthropologist
14 Forensic Anthropology
varies, including how the profession is practiced in Spain. In the case study pre-
sented, Prieto shows the importance of trauma analysis conducted by forensic an-
thropological techniques, conducted on a fresh cadaver in order to aid the work of
the pathologist. This chapter clearly illustrates the potential for forensic anthropo-
logical techniques to be applied to cases involving recently deceased individuals,
rather than the type of cases usually assumed to be the preserve of the forensic an-
thropologists, such as skeletonized, decomposed or mummified human remains.
The chapter by Cunha and Pinheiro (Chapter 3) explains the development of
the field in Portugal and how it is practiced throughout the country. The authors
have included four case studies, which exemplify the various types of cases that are
confronted in Portugal, and the importance of the interrelationship with the foren-
sic pathology and investigative forces. In three of these cases the role of forensic
anthropology was decisive in the case, one of which involved relatively well-pre-
served human remains. Another point highlighted by the authors in this chapter,
is the potential of the investigation of pathological conditions, a field that tradition-
ally has only been applied to archaeological human remains, to assist in the identi-
fication process.
The importance of the use of terminology applicable to forensic anthropology
investigations are discussed by Duhig and Martinscn (Chapter 6); and the impor-
tance of the terminology applied is illustrated by the three case studies presented.
The case studies included in Chapter 6 cover various types of trauma inflicted on
bone from the use of a saw, firearm and the use of fire to dispose of the body. The
value of involving the anthropologist at the scene is stressed, especially when bodies
are found incomplete due to dismemberment, burning, or both. The importance of
communication among those dealing with the body is highlighted in order to avoid
misinterpretations. Brickley also discusses burned human remains (Chapter 5). After
providing a review of some of the recent research that has been conducted on a
range of aspects of burning on human bodies, she illustrates the points raised with
a case involving the burned remains of a young woman from Britain found in 1999.
Chapters 10, 11, and 12 of this book focus on the area of human rights investi-
gations undertaken in the Balkan region of Eastern Europe, where work has been
conducted since 1999. This type of work as illustrated in the chapters presented by
Simmons and Klonowski (Chapters 1 I and 12 of this volume) exemplify the diffi-
culty in which the work has to be conducted while in the field locating- and recov-
ering the victim's remains. Duc to various circumstances, investigations frequently
have to be conducted in short periods of time. However, time is just one of the
many constraints under which anthropologists have to work, there are also the
harsh winter conditions in the area, and the inaccessibility of some of the sites (such
as cave sites) at which human remains have been deposited, which impose limita-
tions on any work undertaken. In the working conditions described in these two
chapters, forensic anthropology is taken to the limit in that personnel involved were
willing to risk their safety in order to conduct the investigations.
Forensic Anthropology: Developments in Two Continents 15
In Europe, there have been a number of large scale conflicts since the beginning
of the twentieth century. As a consequence, remains of the victims have been dis-
covered in single and mass graves across wide areas of the continent. Those be-
longing to an era where the perpetrators are no longer alive, can be considered
historical in nature, therefore it creates a need to distinguish between these graves
and those of recent events where investigations are being conducted in order to
produce evidence for ICTY (International Criminal Tribunal for the former Yu-
goslavia) and various courts. Some of the processes involved in determining
whether human remains are of interest to investigative authorities are discussed in
the second case presented by Susa (Chapter 13 in this volume) and also in relation
to two of the individuals found in one of the cave sites discussed by Klonowski
(Chapter 12). As forensic anthropology gains in importance throughout Europe,
the ability of anthropologists to assist with the determination of whether bone found
is of forensic interest will become more important. The issues raised in this respect
by these chapters are therefore increasingly important. However, as Susa shows,
the involvement of anthropologists in helping to determine the fate of individuals
who died in past conflicts has great significance for assisting with the understanding
of events that occurred in a country's recent history.
In Chapter 15, Lynnerup, Sejrsen, and Vendel present a new development in the
field of forensic anthropology, involving gait recognition in a living individual. The
case involved investigation of physical, anatomical and similarities in movements,
utilizing modern computer systems and video recording equipment. This case study
indicates how forensic anthropology can aid police investigations dealing with sus-
pects of a crime. In other words, forensic anthropology no longer should be thought
of as a discipline dealing only with the deceased. By participating in these types of
investigations, the discipline has opened new ground for further research and in-
volvement in forensic investigations in a world where closed circuit television (cctv)
cameras are becoming part of the landscape in cities throughout developed coun-
tries. Such identification techniques are of great importance in an era where terror-
ism is on the increase and the need to track down suspects is greatly needed.
The uniqueness of the case presented by Maat and Bond (Chapter 4) shows how
the unthinkable can become reality and how in forensic science, nothing should be
taken for granted. This case, along with the case study from Germany by Kemkes
(Chapter 8) highlight some of the problems faced by forensic anthropologists in
Europe as means of travel and migration throughout the world increases. In an area
of fast mass transportation from country to country, and in a time where economic
migrants travel longer distances than ever before; the challenge of identifying an-
cestry in human remains is not easy, as Kemkes illustrates. The variability present
in human remains is highlighted and the challenges posed are presented. Also, in
the case study from France by Quatrehomme (Chapter 7 of this volume) a couple
of the individuals whose dismembered remains were analyzed did not have French
ancestry. The case presented here is an excellent example of the difficulties involved
16 Forensic Anthropology
CONCLUSIONS
There is no doubt that the discipline has matured through the years, and in both
continents.
The evolution that the discipline has gone through in both continents has brought
forensic anthropologists to participate in forensic investigations composed of a multi-
disciplinary team and to become recognized as an integral part of investigations
concerning human identification.
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