Abstract
Simple SummaryWhen giving evidence in court, forensic pathologists and anthropologists are often asked for their opinion on the amount, or degree of force required to cause a specific injury. Such ‘degree of force’ questions are considered difficult, if not impossible to answer due to many theoretical and practical issues. This paper explores these issues and provides a possible solution. First, the logical underpinnings of the question on the ‘degree of force’ are explored. Then the experimental research on ‘degree of force’ is reviewed and the limitations with applying this research to everyday forensic casework are discussed. In the second part of the paper, it is argued that these limitations do not, however, mean that a forensic pathologist or anthropologist cannot add anything of value to the discussion. The application of Bayes’ theorem helps to circumvent many of the problems. The final part of the paper is dedicated to a detailed discussion of how it can be applied to the issue of ‘degree of force’.Forensic pathologists and anthropologists are often asked in court for an opinion about the degree of force required to cause a specific injury. This paper examines and discusses the concept of ‘degree of force’ and why it is considered a pertinent issue in legal proceedings. This discussion identifies the implicit assumptions that often underpin questions about the ‘degree of force’. The current knowledge base for opinions on the degree of force is then provided by means of a literature review. A critical appraisal of this literature shows that much of the results from experimental research is of limited value in routine casework. An alternative approach to addressing the issue is provided through a discussion of the application of Bayes’ theorem, also called the likelihood ratio framework. It is argued that the use of this framework makes it possible for an expert to provide relevant and specific evidence, whilst maintaining the boundaries of their field of expertise.
Highlights
This paper provides an overview of the concept of ‘degree of force’ in forensic pathology and anthropology and in doing so, provides an aid for practitioners when giving evidence on this issue
Questions relating to the ‘degree of force’ may be asked in various forms
The forensic pathologist and anthropologist concluded that these observations indicated multiple impacts, and that the cranial trauma was a reasonable cause of death
Summary
The concept that skeletal trauma occurs when a force exceeds the strength or maximum threshold of bone elasticity is well established [2,3]. When providing expert opinion in court about skeletal injury, forensic pathologists and anthropologists are often asked their opinion about the cause and the amount or the ‘degree of force’ that was required. The relationship between injury morphology and applied force is complex, and opinions on the ‘degree of force’ are fraught with difficulties. This paper provides an overview of the concept of ‘degree of force’ in forensic pathology and anthropology and in doing so, provides an aid for practitioners when giving evidence on this issue. While the paper focuses on skeletal injuries, much of the discussion applies to the same issue when interpreting soft tissue injuries
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