Forensic Pathology

Question 1

Define forensic pathology.

Answer 1

Application of pathology to legal issues involving deaths that society has an interest in examining for the good of public health.

Question 2

What deaths are investigated?

Answer 2

Sudden and unexpected deaths.

Question 3

What is cause of death seeking to answer?

Answer 3

Why did the death occur?

Question 4

What is mechanism of death?

Answer 4

Typically addresses the pathophysiological chain of events that follows from the COD.

Question 5

What is manner of death?

Answer 5

By what means did the death occur?

Question 6

What are the possible manners of death in ON?

Answer 6

Natural
Accidental
Suicide
Homicide
Undetermined

Question 7

What are the 5 steps of the medicolegal autopsy?

Answer 7

1. Consideration of scene and circumstances
2. External exam of the body
3. Internal exam of the body
4. Special lab tests (ancillary tests)
5. Creation of expert opinion.

Question 8

What are the most frequent ancillary tests conducted following an autopsy?

Answer 8

Toxicology and histology.

Question 9

Differentiate between the coroner and the forensic pathologist.

Answer 9

FP provides expert opinion on COD and MOD.
Coroner provides medical certificate of death.

Question 10

What is toxicological testing?

Answer 10

Examination of body fluids for drugs and poisons.

Question 11

What is histology?

Answer 11

Examination of tissues for abnormalities and injuries.

Question 12

What is the most important opinion a forensic pathologist can offer?

Answer 12

COD

Question 13

What other useful info can the forensic pathology provide? (5)

Answer 13

ID of decedent
Ability to move after injury
Estimation of PMI
Itemization of relevant contributing factors in the death (e.g., drugs and alcohol)
Significance of health considerations in injury determination

Question 14

Other than COD, what is another key opinion from the forensic pathologist?

Answer 14

Nature and timing of injuries, including possible weapon

Question 15

What is blunt force trauma?

Answer 15

caused by direct application of force against tissue.

Question 16

What are sharp force injuries?

Answer 16

Wounds produced by a sharp-edged instrument/weapon.

Question 17

What are the 4 types of blunt force trauma?

Answer 17

Contusions
Abrasions
Lacerations
Fractures

Question 18

What are the three sharp force injuries?

Answer 18

Stab
Incised
Chop

Question 19

What is asphyxia?

Answer 19

Inadequate oxygenation of tissues

Question 20

What are the three general categories of asphyxia?

Answer 20

Chemical
Suffocation
Strangulation

Question 21

What was a Goudge Inquiry recommendation regarding the use of the word “asphyxia”?

Answer 21

Testify to how the term is being used (benign or associated with category of death that may be considered inculpatory)

Question 22

What are two examples of uses for forensic pathology in criminal cases?

Answer 22

1. Key considerations related to a fact at issue
2. Wound causation and weapon identification.

Question 23

How was forensic pathology used in R. v. Gallant?

Answer 23

Position of deceased in vehicle at time of MVA (issue being whoo was the driver)

Question 24

How was forensic pathology used in R. v. Perlett?

Answer 24

Time elapsed from a shooting to the arrival of police on scene based on blood loss and changes in blood.

Question 25

How was forensic pathology used in R. v. Jaw?

Answer 25

Estimated distance from which a gun was fired.

Question 26

How was forensic pathology used in R. v. Butorac?

Answer 26

Whether pattern injuries are consistent with being inflicted by certain objects.

Question 27

How was forensic pathology used in R. v. R.D.?

Answer 27

The types of instruments capable of inflicting a particular wound.

Question 28

Describe the testimony by a forensic pathologist in R. v. Taylor which was ruled inadmissible by the trial judge.

Answer 28

Forensic pathologist stated that: All wounds were inflicted from behind Were consistent with an attack from behind Referred to characteristics of "homicidal attacks"

Question 29

Why was the forensic pathology evidence in R. v. Taylor ruled to be inadmissible?

Answer 29

"Homicidal attacks" prejudged an issue before the jury, homicidal should not be used in evidence Beyond scope of expert's expertise or Since didn't provide reasoning for his opinion, evidence did not reach reliability threshold.

Question 30

What was a key takeaway of R. v. Taylor?

Answer 30

Every expert must provide their reasoning for their opinion.

Question 31

What did the Goudge inquiry address?

Answer 31

The subspecialty of pediatric forensic pathology.

Question 32

What was a key recommendation of the Goudge inquiry?

Answer 32

"Think Truth"

Question 33

Describe the case of Dinseh Kumar.

Answer 33

Immigrant with two sons Youngest son Gaurov stopped breathing, performed CPR with no effect Died two days later Other son suffered turning blue episode when he was also an infant Saurob was taken to live with wife's brother

Question 34

What was the conclusion of Dr. Smith in the case of Dinesh Kumar?

Answer 34

COD was shaken baby syndrome

Question 35

What was Mr. Kumar charged with and what was the plea deal charge?

Answer 35

Second degree murder Criminal negligence causing death

Question 36

Why did Dinesh enter the guilty plea?

Answer 36

Sentence 90 days imprisonment, 2 years probation Could be served on weekends

Question 37

What was the fresh evidence in R. v. Kumar that eventually led to his acquittal?

Answer 37

5 experts all agreed COD was undetermined. Some noted diagnosis of SBS had become much more controversial No evidence Dinesh harmed Gaurov

Question 38

What was the Crown's theory in the case of R. v. Hiller?

Answer 38

Hiller placed St. Louis in a headlock that compressed his airway, causing heart to stop.

Question 39

What was the Crown theory in R. v. Hiller based on?

Answer 39

Exclusively on testimony of FP Dr. Tweedie

Question 40

What should a trial judge do when they have questions bearing on the validity of an expert opinion and those questions have not been put to the witness by counsel?

Answer 40

Notify counsel of the judge's concern and provide counsel with the material that grounded the concerns.