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BRICLEY, Megan and Roxxana Ferllini - Forensic Anthropology. Development in Two Continents

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FORENSIC

ANTHROPOLOGY
Case Studies from Europe

MEGAN B. BRICKLEY, B.A., M.Sc., PH.D., CRFP


Institute ofArcheolog and Antiguity
The University of Birmingham
Edghaston
Birmingham, United Kingdom

and

ROXANAFERLLINI, Assc., B.Sc., M.A., CRFP


Co-ordinator
M.Sc. Foremic Archaeological Science
Instilute ofArchaeology
University College London
London, United Kingdom

CHARLES C THOMAS PUBLISHER, LTD.


Springfield Illinois U S A .
Publkhed andDinributed Throughout the World by

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permiss~onfrom the publisher All right? reserved.

ISBN-13 978-0-398-05703-7(hard)
ISBN-13 978-0-398-07704~4(paper)

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Forensic anthropology : case studies from Europe / [edited] by Megan B. Urickle~and


Roxanna Ferllini.
p. cm.
Includes bibliographical references and index.
ISBN 0-398-07703-7- ISBN 0-398-07704-5 (pbk.)
I. Forensic anthropo10~-Europe--Case studies. I. Brickley, M e p n . 11. Ferllini,
Roxanna.
Chapter 1
FORENSIC ANTHROPOLOGY:
DEVELOPMENTS IN TWO CONTINENTS
MEGANB. BRICKLEY
AND ROXANA
FERLLINI

INTRODUCTION

M odern crime investigation has evolved into an intricate and sophisticated


task. Specialized equipment and a multidisciplinary approach may be uti-
lized, including analysis of questioned documents, DNA analysis, serology, ballis-
tics, toxicology, toolmark analysis, fingerprinting, forensic entomology, odontology
and anthropology among others.
Because forensic anthropologists are involved in criminal investigations, which
may ultimately be dealt with in a court of law, the impact of their work can cany se-
rious consequences with regard to the outcome of a case. Forensic anthropologists
shoulder a considerable amount of responsibility, not only to the legal community,
but also to the victim and the accused within the crime in question. The type of
cases in which anthropologists might become involved varies considerably. How-
ever, in general terms, anthropologists often contribute to work at the scene of
crime in order to help in the location and recovery of human remains. Crime scene
work is frequently followed by analyses to determine whether remains recovered
are human in nature or not. Ultimately within the mortuary, the analysis of human
remains is geared to produce a biological profile: sex, age, biological affinity,
stature, trauma, and individual characteristics are determined. A more recent de-
velopment for forensic anthropologists is their being asked to assist in cases that in-
volve living individuals (Cattaneo and Baccino, 2002), and this is illustrated by the
discussion of forensic anthropology in Hungary (Chapter 13) and the case presented
in the last chapter in this book.
It is the aim of this volume to introduce and exemplify the role of forensic an-
thropologists as a vital investigative tool within crime investigations. Cases included
range from investigations involving a single individual brought forth by law en-
forcement agencies, to the large-scale investigations made necessary by human
4 Forensic Anthropolo~

rights abuses. Although the development of anthropological research has a very


long history in many areas of Europe, over the last 60 years the development of
specialist individuals working in forensic anthropology has been slower than the
advances in forensic anthropology seen in other areas of the world, in particular
North America. However, in the last decade, there have been some significant de-
velopments in the establishment of forensic anthropology in much of Europe and
this volume demonstrates how forensic anthropology forms an integral part of mul-
tidisciplinary investigations in many European countries.

HISTORICAL BACKGROUND

Forensic Anthropology: The American Development

The development of forensic anthropology as we know it today has its roots in


the United States of America, and it is from the point of view of the United States
that the field is usually applied throughout the Americas. Those practicing in the
field for the most part have attended a university in the United States, have been
trained by forensic anthropologists from here in their own countries, or attended
universities with a similar curriculum to those from the United States. The formal
educational curriculum for those involved in this field at the university level can
vary from one educational institution to the other. However, as a general rule, an-
thropology is taught in the United States under four general sub-disciplines: cul-
tural anthropology (social anthropology as it might be referred in Latin America),
archaeology, linguistics and physical anthropology, otherwise known as biological
anthropology (Nafte, 2000; Galloway and Simmons, 1997), (Fig. 1-1). Physical an-
thropology concentrates on the study of the various aspects concerning the biolog-
ical makeup in humans, whether in the present or the past. The discipline includes

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

human evolution, paleopathology (the study of bone diseases in antiquity), physio-


logical and morphological adaptation to the various environmental conditions and
osteology (the study of bone anatomy). Because of a variety of specializations with
regard to the study and analysis of human remains, physical anthropologists must
gain an in-depth knowledge of the human skeleton. As a result of their specialist
knowledge, many physical anthropologists have become involved in forensic cases,
and are resultantly known as forensic anthropologists.
The genesis of forensic anthropology within the United States occurred in the
late nineteenth century at the University of Harvard, Massachusetts, where
anatomist Dr. Thomas Dwight (1843-1914) conducted various studies concerning
the human skeleton. Some of his main areas of study included the estimation of
stature, age determination from cranial sutures, sex determination and skeletal vari-
ability (Stewart, 1979;Joyce and Stover, 1992).
Some of Dwight's work was carried on, and refined by a student of anthropology
at Harvard. His name was Dr. George Dorsey (1869-1931), and he contributed
greatly to the ongoing interest of the use of the human skeleton for the purposes of
identification. One of his main areas of interest, determination of sex by the mea-
surement of the humeral or femoral head, was achieved by using skeletons available
at the Field Columbian Museum in Chicago where he was a Curator (Stewart, 1979).
In 1897, he became involved as an expert witness during the Luetgert case in
Chicago. This case involved a Polish immigrant who was accused of killing his wife
and disposing of her body in a large steam vat located on the premises of his busi-
ness, the A.L. Sausage & Packing Company. For the first time, forensic anthropol-
ogy was used within a court of law, and during the proceedings Dorsey contradicted
some of the findings put forward by renowned anatomists of the time; this in itself
was unheard of. By today's standards, his testimony and findings might seem lack-
ing in rigor, but nonetheless, this step was a crucial one on the road of development
for forensic anthropology (Joyce and Stover, 1992; Ubelaker and Schammell, 1992).
Another important figure in the development of the discipline in the United
States was Dr. Ale5 HrdliEka (1869-1943). Although best known as founder of phys-
ical anthropology in the United States, his participation within various legal cases
involving human remains gave the discipline a start on the legal front. His partici-
pation with the Federal Bureau of Investigation (F.B.I.) came about in the early
twentieth century while working at the Smithsonian Institution's National Museum
of Natural History, a link that continues today between both organizations (Ube-
laker, 1999; Ubelaker, 2000a). After HrdliEka, during the 1930s and 1940s, forensic
anthropology played a more integral part in the analysis and identification of
human remains, and its application to cases being pursued by the F.B.I. One im-
portant contributor during this period was Dr. W. M. Krogman (1903-1988) from
the Western Reserve University Medical School in Cleveland, Ohio, who published
an article in 1939 entitled Guide to Identzj?cation of Human Skeletal Remains in the
F.B.I. Law Enforcement Bulletin. This publication served the physical anthropolo-
6 Foremic Anthropology

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

forensic anthropology, and to promote effective professional standards (Reichs,


1995; Willey, 1999; Kennedy, 2000). The process of certification was established
as a result of the level of casework being undertaken by many forensic anthropolo-
gists and to allow anthropologists to keep abreast of developments in techniques
used in the rapidly developing field (Reichs, 1995). Over the years since registration
was introduced, forensic anthropology has grown significantly and is now fre-
quently used by coroners/medical examiners, the prosecution or defence in legal
cases, state police forces, including sheriffs amongst others (Reichs, 1995).
Forensic anthropology, like any other forensic science needs to apply strict scien-
tific methods while conducting human identification and assessment of trauma in-
flicted upon bone. These methods must be peer reviewed in order to have a strong
chance of standing up in a court of law. In the 1990s and beginning of the twenty-
first century, research in various fields of forensic anthropology has been conducted
in order to obtain new means by which to assist criminal investigations. This re-
search has included studies on the variables that influence body decomposition, as
conducted at the Anthropological Research Center at the University of Tennessee in
Knoxville; and methods that can aid in human and trauma identification (Ubelaker
and Hunt, 1995; Warren, 1999; Pope et al., 2004; Christensen, 2005).
However, there is another aspect of forensic anthropology that goes beyond the
day-to-day criminal investigation. In the 1980s, the discipline took a turn with the
involvement of anthropologists in human rights investigations. The American As-
sociation for the Advancement of Science, along with Argentine organization, The
National Commission on the Disappeared, held a seminar in Argentina. The sem-
inar was aimed at organizing, in the best possible way, a plan of action to exhume
and identify those who had disappeared during the Guerra Sucia (the Dirty War)
from 1976 to 1983. Among the scientists present was American forensic anthro-
pologist Dr. Clyde Snow. With his participation, Dr. Snow helped to consolidate a
group of individuals with archaeological, medical and anthropological backgrounds
to conduct the investigation of several thousand disappeared. Soon the Argentine
Forensic Anthropology Team was created (Joyce and Stover, 1992; Amnesty Inter-
national, 2004).
The involvement of forensic anthropologists in human rights abuses was a nov-
elty at the time, but it soon caught on and it became readily apparent that such in-
terventions could be of help in many other areas of the world. As a result of Snow's
intervention in Argentina, Guatemala followed in creating the Guatemalan An-
thropological Foundation, geared to investigate the massacres perpetrated towards
the Mayan communities within that country. Since then, many other areas of the
world in which human rights abuses have taken place, have benefited from the par-
ticipation of groups and organizations created through the years. The involvement
of forensic anthropologists from both the U.S. and the European countries covered
by this volume in work undertaken under the auspices of the United Nations in the
Balkans following recent episodes of conflict, is well illustrated in Chapters 10, 11,
8 Foremic Anthropology

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

Although this volume encompasses much of Europe, it is important to bear in


mind that the history and development of forensic anthropology varies consider-
ably across Europe. There are some parts of Europe that have not been included in
this volume, where it could be argued that at present forensic anthropology does
not exist at all (but the cases presented here are not a definitive list of current prac-
tice). The length of time the subject has been established across Europe varies con-
siderably. In countries such as France and Spain, what would now be termed
forensic anthropology had very early origins. Research on aspects of human skele-
tal remains began in the eighteenth century, followed by many publications dating
to the nineteenth century (iscan and Quatrehomme, 1999), and posts such as a
1,egal Medicine chair bcing created in Madrid in the nineteenth century (Prieto,
2004). Developments in forensic anthropology at this stage could, in many respects,
be said to be parallel to those in the U.S., but the slow development of the disci-
pline in Europe that followed could be because in no country was it backed by a
powerful organization such as the F.B.I. The possible reasons for differences in the
development of forensic anthropology are complex, and are discussed in more
detail later in this chapter.
In no place in Europe are there individuals with a background in anthropology
as taught in the Americas, and specifically the U.S. Many individuals use the term
forensic anthropology, but they have very different backgrounds. In some places
those working within this field have a background in archaeology (this is not a sub-
branch of anthropology as in the U.S.) and in others they were trained as anatomists
or medical practitioners. In a number of European countries it is not possible to
work with human remains from any time period without a medical degree. How-
ever, the methodologies coming from the U.S. are widely applied throughout Eur-
ope by those employed on human identification cases, but the cases presented in
this volume will illustrate the contrast between the two continents.
Where the discipline is recognized in Europe, there is considerable variation in
the diverse groups of individuals who work as practitioners. In Britain, Denmark,
and Portugal for example, most forensic anthropologists are based in academic in-
stitutions, although the backgrounds of forensic anthropologists in each of these
countries are different. In the Netherlands, in addition to those in academic institu-
tions, some anthropologists work within the Netherlands Forensic Institute (part of
the Ministry ofJustice. Anthropologists are also frequently employed in government
organizations in countries such as Spain and Hungary. As indicated above, the back-
Forenric Anthropology: Developments in Two Continents 9

grounds of those practicing as forensic anthropologists in different areas of Europe


are quite different. In many countries, there is no formally established career path for
anthropologists, so those who work within forensic anthropology originate from a
wide range of backgrounds (Skinner et al., 2003). Across much of Europe, forensic
anthropologists have traditionally come from a medical background, or trained as
anatomists. In a number of countries such as France and Spain. forensic anthropol-
ogy may be an option available to medical students during their training. As a result,
most individuals who work as forensic anthropologists in these countries will have a
background in medicine, as this is the only discipline within which these skills are
taught. In contrast, in Britain and Hungary, although there are practitioners from a
range of backgrounds, many come to the discipline having first trained as archaeol-
ogists, and then specialized in archaeological skeletal remains (in Britain the term
osteoarchaeologists has been used to describe such individuals). However, individu-
als from a wide range of backgrounds undertake forensic anthropology in Britain.
Some British anthropologists have initial degrees in subjects such as archaeology,
others have a background in anatomy, and some pathologists undertake work that
could come under this heading. In Britain, teaching of anthropology in universities
is at variance with that shown in Figure 1-1. University departments are split along
very different lines, with some teaching cultural and or social anthropology and
others teaching archaeology. Physical anthropology is taught as an option in some,
but not all, archaeology departments.
The chapters within this book and other books on forensic anthropology, demon-
strate that anthropologists are able to make a valuable contribution to a wide range
of forensic cases. However, the frequency with which anthropology is utilized across
Europe is exceedingly varied, and does not appear to be clearly linked to the type
of background of forensic anthropologists in a particular country. For example, in
Britain, France, Germany, and Spain forensic anthropologists are rarely used. In
Britain although it is true that overall there is limited use of forensic anthropology,
the situation in different regions of Britain is also exceedingly variable. There are 52
police forces covering England, Wales, Scotland, and Northern Ireland, each cov-
ering a region, often based on the traditional division of the areas into "counties." In
addition, there are a number of other police forces covering specific duties, such as
the military police or transport police (Hunter et al., 1996:24-26). Although all these
police forces are accountable to the Home Secretary, this regionally autonomous
system does result in variations in practice between the different police forces. In
particular, there is considerable variation in the use of forensic anthropologists.
In a review of forensic osteology in Britain by Black (2000), it was reported that
98 percent of British police forces that responded to a questionnaire sent out stated
that they had never used the services of a forensic osteologist. The paper by Black
(2000) deals only with osteology, although the situation in the broader field of foren-
sic anthropology is probably similar to that reported in this paper. Black (2000)
reported that much of the routine osteological work is carried out by forensic
pathologists. Certainly in Britain there are many more individuals with some kind
of qualification in forensic anthropology than there is work available, many of these
individuals have no practical experience and are unlikely to gain any such experi-
ence (Black, 2003). It is stated by 1 p n and Quatrehomme (1999) that in both
Turkey and France anthropologists are seldom asked to provide assistance in cases.
In the experience of the authors, anthropologists are frequently only involved in a
case where, for various reasons, the human remains are more complex to deal with,
such as the case presented by Brickley in Chapter 5. It has been suggested that
lower crime levels in the U K and a number of other factors mean that there simply
is not enough anthropological work to sustain UK specialists (Black, 2000:492).
There are no comparable figures available from across Europe regarding the fre-
quency of use of anthropologists in other countries. However, answers to a ques-
tionnaire circulated to contributors to this volume enabled an estimate to be made
of the frequency with which anthropologists are used.
As in Britain, anthropologists are infrequently used in Spain even though many
anthropologists here come from a medical background. In contrast, anthropologists
were reported to be frequently consulted in Hungary, where most anthropologists
have a background in archaeology. As stated previously, the frequency with which
anthropologists are used is clearly not directly linked to the academic background
of practitioners. However, overall anthropologists are more frequently used where
police, law enforcement or other government agencies directly employ them. The
fact that forensic anthropologists, for the most part, are only occasionally used in
Britain is almost certainly related to the fact that almost all current British special-
ists are primarily employed in academic departments within universities.
Although forensic anthropologists are not used as frequently as occurs in the
U.S., it has been reported (Cattaneo and Baccino, 2002) that the number of cases in
which an anthropologist may be useful is growing, possibly due to increased crime
rates and a growth in problems such as illegal immigration. It is also apparent that
as with forensic anthropologists based in the U.S., anthropologists based in Europe
frequently undertake work outside the country in which they are based. For exam-
ple, as suggested by Chapters 10, 11, and 12 in this volume, a large number of an-
thropologists from both Europe and the U.S. worked in the Balkans.
Across Europe, both the prosecution and the defense use anthropologists. How-
ever, variations in the legal systems in operation within European countries mean
in some areas such as France, the organization of the legal system means that view-
ing cases in terms of a prosecution and a defense is not appropriate. In France,
forensic specialists work independently and are accountable to a magistrate rather
than being employed by either side in a case. Where it is appropriate to think of
legal cases in terms of work being done for either the prosecution or the defense, the
prosecution uses anthropologists most frequently. However, increasingly anthro-
pologists are reporting that the defense may ask for their opinions in a case. De-
spite the fact that anthropologists have begun to be used by both the prosecution
Forensic Anthropology: Developments in Two Continents 11

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.

Comparison Between Anthropology in the Americas a n d Europe

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.

PRACTICING FORENSIC ANTHROPOLOGY I N 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

in investigations of dismembered human remains and arriving at proper identifica-


tions. The chapter also demonstrates the wide range -
- of investigative techniques that
can be applied in multidisciplinary forensic investigations.
Gunshot wounds are an increasingly common feature of forensic investigations, as
seen in seven of the chapters presented in this book. As a result, in recent times foren-
sic anthropologists and other forensic specialists have been conducting research and re-
porting their cases in this area in order to better understand the mechanisms involved
in such injuries and resulting fractures (Rhine and Curran, 1990; Quatrehomme and
Igcan 1999; Puskas and Rumney, 2003; Desinan and Mazzolo, 2005; Warren, Chapter
10 of this volume). The information contained in the chapter by Warren (Chapter 10)
not only gives important information on the ways in which investigations of gunshot
wounds in individuals killed during. " the conflicts in the Balkans has been imuortant for
bringing cases against the perpetrators; but also contains the results of new research
-
conducted to help investi,gators better understand injury
",
patterns recorded.
A

Forensic anthropologists in Europe are becoming more involved in the search


and recovery of remains, especially when these are incomplete and scattered. Duhig
and Martinsen (Chapter 6) illustrates this with their three case studies and Ferllini
(Chapter 14) presents the importance of osteological knowledge in the recovery of
scattered and disarticulated human bone. The latter also illustrates the importance
of understanding taphonomic aspects when working at a crime scene and the im-
portance of factors such as soil type on the preservation of bone.
While each of the chapters cover the various aspects of conducting human identi-
fication, Cattaneo (Chapter 9) highlights some of the difficulties encountered in
making a positive identification in a case involving juvenile skeletal remains. Cattaneo
also covers the importance of forensic botany in a multidisciplinary investigation.
Among the various techniques available to compliment the work of human iden-
tification, the application of DNA analysis has become increasingly important in
recent years (Holland et al., 1993; Gornik et al., 2002; Bilgne, 2003). Although it is
potentially an excellent source of information for aiding personal identification, it is
not successful in all instances as illustrated by Brickley and some of the cases in the
investigation undertaken by Klonowoski (Chapters 5 and 12 respectively in this
volume). Even when DNA is successfully obtained from the remains in forensic in-
vestigations and from surviving relatives it may not be possible to prove positive
identification as illustrated by Cunha and Pinheiro (Chapter 3). These cases all
demonstrate the importance of the continued development of techniques for use
by those working in forensic anthropology.

CONCLUSIONS

Today, forensic anthropologists, as exemplified by the various chapters through-


out this book, are involved in a wide range of cases requiring human identification.
Forensic Anthropology: Developments in Two Continents 17

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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