Forensic pathology and the miscarriage of justice

Abstract

A case of conviction for rape-murder that was eventually overturned based on a post-conviction re-evaluation of the findings at autopsy is described. The main issue elucidated on post-conviction review was that postmortem anal dilation and postmortem hypostatic hemorrhages of the neck were misinterpreted as injuries. After review of the autopsy findings, the prosecution agreed with the appellant that a miscarriage of justice had occurred and the conviction was quashed by an appellate court. This case underscores the need for an awareness of key pitfalls that can be encountered at autopsy, such as the proper interpretation of postmortem artefacts. The evolving role of the evidence-based framework for forensic pathology is explored as a systemic solution to enhance the administration of justice.