Forensic Pathology Flashcards

1
Q

Define forensic pathology.

A

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

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2
Q

What deaths are investigated?

A

Sudden and unexpected deaths.

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3
Q

What is cause of death seeking to answer?

A

Why did the death occur?

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4
Q

What is mechanism of death?

A

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

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5
Q

What is manner of death?

A

By what means did the death occur?

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6
Q

What are the possible manners of death in ON?

A

Natural
Accidental
Suicide
Homicide
Undetermined

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7
Q

What are the 5 steps of the medicolegal autopsy?

A
  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.
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8
Q

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

A

Toxicology and histology.

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9
Q

Differentiate between the coroner and the forensic pathologist.

A

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

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10
Q

What is toxicological testing?

A

Examination of body fluids for drugs and poisons.

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11
Q

What is histology?

A

Examination of tissues for abnormalities and injuries.

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12
Q

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

A

COD

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13
Q

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

A

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

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14
Q

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

A

Nature and timing of injuries, including possible weapon

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15
Q

What is blunt force trauma?

A

caused by direct application of force against tissue.

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16
Q

What are sharp force injuries?

A

Wounds produced by a sharp-edged instrument/weapon.

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17
Q

What are the 4 types of blunt force trauma?

A

Contusions
Abrasions
Lacerations
Fractures

18
Q

What are the three sharp force injuries?

A

Stab
Incised
Chop

19
Q

What is asphyxia?

A

Inadequate oxygenation of tissues

20
Q

What are the three general categories of asphyxia?

A

Chemical
Suffocation
Strangulation

21
Q

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

A

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

22
Q

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

A
  1. Key considerations related to a fact at issue
  2. Wound causation and weapon identification.
23
Q

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

A

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

24
Q

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

A

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

25
Q

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

A

Estimated distance from which a gun was fired.

26
Q

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

A

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

27
Q

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

A

The types of instruments capable of inflicting a particular wound.

28
Q

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

A

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

29
Q

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

A

“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.

30
Q

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

A

Every expert must provide their reasoning for their opinion.

31
Q

What did the Goudge inquiry address?

A

The subspecialty of pediatric forensic pathology.

32
Q

What was a key recommendation of the Goudge inquiry?

A

“Think Truth”

33
Q

Describe the case of Dinseh Kumar.

A

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

34
Q

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

A

COD was shaken baby syndrome

35
Q

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

A

Second degree murder
Criminal negligence causing death

36
Q

Why did Dinesh enter the guilty plea?

A

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

37
Q

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

A

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

38
Q

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

A

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

39
Q

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

A

Exclusively on testimony of FP Dr. Tweedie

40
Q

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?

A

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

41
Q
A