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Forensic Anthropology
and the United States
Judicial System
Published and forthcoming titles in the Forensic Science in Focus Series

Published
The Global Practice of Forensic Science
Douglas H. Ubelaker (Editor)
Forensic Chemistry: Fundamentals and Applications
Jay A. Siegel (Editor)
Forensic Microbiology
David O. Carter, Jeffrey K. Tomberlin, M. Eric Benbow, and Jessica L. Metcalf
(Editors)
Forensic Anthropology: Theoretical Framework and Scientific Basis
Clifford Boyd and Donna Boyd (Editors)
The Future of Forensic Science
Daniel A. Martell (Editor)
Forensic Anthropology and the United States Judicial System
Laura C. Fulginiti, Kristen Hartnett-McCann, and Alison Galloway (Editors)

Forthcoming
Forensic Science and Humanitarian Action: Interacting with the Dead and the Living
Roberto C. Parra, Sara C. Zapico, and Douglas H. Ubelaker (Editors)
Humanitarian Forensics and Human Identification
Paul Emanovsky and Shuala M. Drawdy (Editors)
Forensic
Anthropology
and the United States
Judicial System

EDITED BY

Laura C. Fulginiti
Maricopa County Office of the Medical Examiner
Arizona, USA

Kristen Hartnett-McCann
State of Connecticut Office of the Chief Medical Examiner
Connecticut, USA

Alison Galloway
University of California, Santa Cruz
USA
This edition first published 2019
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Library of Congress Cataloging-in-Publication Data

Names: Fulginiti, Laura C., editor. | Hartnett-McCann, Kristen, editor. |

Galloway, Alison, 1953- editor.
Title: Forensic anthropology and the United States judicial system / [edited
by] Laura C. Fulginiti, Kristen Hartnett-McCann, Alison Galloway.
Description: First edition. | Hoboken, NJ : Wiley, 2019. | Series: Forensic
science in focus | Includes bibliographical references and index. |
Identifiers: LCCN 2019015125 (print) | LCCN 2019015571 (ebook) | ISBN
9781119470038 (Adobe PDF) | ISBN 9781119469971 (ePub) | ISBN 9781119470052
(hardback)
Subjects: | MESH: Forensic Anthropology–methods | Expert Testimony–methods
| United States
Classification: LCC GN69.8 (ebook) | LCC GN69.8 (print) | NLM W 750 | DDC
614/.17–dc23
LC record available at https://lccn.loc.gov/2019015125

Cover Design: Wiley

Cover Image: Courtesy of Gary Hodges, Litigation Graphics Specialist

Set in size of 10.5/13.5pt and MeridienLTStd by SPi Global, Chennai, India

10 9 8 7 6 5 4 3 2 1
This volume is dedicated to Dr. Walter Hudson Birkby
Contents

Notes on contributors, xiii

Preface, xix
Series preface, xxiii
Foreword, xxv
Acknowledgments, xxix
About the editors, xxxi
Glossary, xxxiii

Part I Context

1 Confrontation: where forensic science meets the sixth amendment, 3

Jennifer C. Love and Laura C. Fulginiti
1.1 Sixth amendment, 4
1.1.1 Ohio v. Roberts, 448 U.S. 56 (1980). Argued November
26, 1979 – decided June 23, 1980, 5
1.1.2 Crawford v. Washington, 541 U.S. 36 (2004). Argued
November 10, 2003 – decided March 8, 2004, 7
1.1.3 Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009).
Argued November 10, 2008 – decided June 25,
2009, 8
1.1.4 Bullcoming v. New Mexico, 564 U.S. 647 (2011). Argued
March 2, 2011 – decided June 23, 2011, 10
1.1.5 Williams v. Illinois, 567 U.S. 50 (2012). Argued
December 6, 2011 – decided June 18, 2012, 11
1.2 Impact on forensic practitioners, 12
1.A Appendix, 14
1.A.1 Example of Florida application to compel
testimony, 16
1.A.2 Example of Arizona court order in response to Florida
request, 17
References, 17

vii
viii Contents

2 “Somewhere in this twilight”: the circumstances leading to the

National Academy of Sciences’ report, 19
Thomas Holland and Christian Crowder
2.1 Introduction, 19
2.2 The long road to Daubert, 20
2.2.1 The Frye standard of general acceptance, 20
2.3 The federal rules of evidence, 22
2.4 The rise of the toxic tort, 24
2.5 Daubert and the supremacy of the FRE, 25
2.6 The aftermath of Daubert, 28
2.7 Llera Plaza and the assault on fingerprints, 28
2.8 Fear, reality, and forensic anthropology, 30
2.9 The gauntlet is thrown: the NAS gets involved, 31
2.10 The CSI effect, 31
2.11 The congressional response, 32
2.12 The forensic sciences respond, 33
2.13 Picking up the gauntlet, 34
2.14 Conclusions, 35
Notes, 37
References, 38

3 From the laboratory to the witness stand: research trends and method
validation in forensic anthropology, 41
Jonathan D. Bethard and Elizabeth A. DiGangi
3.1 Introduction, 41
3.2 Research in forensic anthropology – a bibliometric survey, 43
3.3 Court decisions and research, 48
3.4 Conclusion and a path forward, 49
Acknowledgments, 50
References, 50

4 Expertise and the expert witness: contemporary educational

foundations of forensic anthropology, 53
Katelyn L. Bolhofner and Andrew C. Seidel
4.1 A brief historical overview of the discipline, 54
4.2 The educational background of early forensic
anthropologists, 55
4.3 The forensic anthropologist as expert witness, 57
4.4 Current educational programs and training opportunities, 58
4.4.1 Contemporary educational programs for forensic
anthropologists, 59
 Contents ix

4.4.2 Casework and training opportunities, 63

4.5 Conclusion and future directions, 65
References, 67

Part II The rubber meets the road

5 Transparency in forensic anthropology through the implementation of

quality assurance practices, 71
Julie M. Fleischman, Michal L. Pierce, and Christian M. Crowder
5.1 Introduction, 71
5.2 Overview of laboratory quality assurance and management, 74
5.2.1 Corrective and preventive actions, 74
5.3 Training and continuous education, 74
5.4 Importance of QA for anthropologists, 76
5.5 Quality assurance for forensic anthropology methods and
equipment, 77
5.5.1 Establishing laboratory SOPs, 77
5.6 Various measures of quality, 79
5.7 Implications of QA in the courtroom, 85
5.7.1 Legal rulings affecting anthropology, 85
5.8 Accreditation, 86
5.9 Conclusions, 86
References, 87

6 Report writing and case documentation in forensic anthropology, 89

Lauren Zephro and Alison Galloway
6.1 The audience(s), 90
6.2 The report begins with documentation of workflow, 91
6.3 Chain of custody, 94
6.4 Managing the information flow, 94
6.5 Processing the remains and storage considerations, 96
6.6 Contemporaneous bench notes and standard forms, 96
6.7 Casting, radiography, and other methods of documentation, 98
6.8 The report, 98
6.8.1 Format of the case report, 98
6.8.2 Background, 99
6.8.3 Condition of the remains, 100
6.8.4 Biological profile, 101
6.8.5 Trauma analysis, 102
6.8.6 Postmortem interval and the time since death, 105
6.8.7 Report summary and disposition, 106
x Contents

6.9 Appendices, 106

6.10 Final steps, 107
6.11 Conclusion, 108
References, 108

7 Skull shots: forensic photography for anthropologists, 109

Lauren Zephro and Alison Galloway
7.1 Equipment, 110
7.2 Taking photographs with an eye to courtroom
presentation, 110
7.3 Labeling photographs, 117
7.4 Photomicroscopy and Videography, 118
7.5 Image processing, 119
7.6 Conclusion, 120
References, 121

8 The peer review process: expectations and responsibilities, 123

Kristen Hartnett-McCann, Laura C. Fulginiti, Alison Galloway, and
Katherine M. Taylor
8.1 Introduction, 123
8.2 Historical use of peer review, 124
8.3 Principles underlying peer review in Forensic
Anthropology, 125
8.4 Available guidance on peer review, 126
8.5 Considerations, 128
8.6 Current status of peer review in forensic anthropological
casework, 130
8.7 Recommendations on peer review of forensic anthropology
case work, 131
8.8 Conclusions, 136
Acknowledgments, 136
8.A Example of a peer review form (modified from Dana Austin,
personal communication), 137
8.B Example of a peer review form (modified from Lauren Zephro,
personal communication), 138
References, 138

9 The United States justice system and forensic anthropology: preparing

for court, 141
Daniel G. Martin and Laura C. Fulginiti
9.1 The United States court system, 141
 Contents xi

9.1.1 Types of cases, 142

9.2 Understanding the judicial process, 143
9.2.1 The criminal process, 144
9.2.2 The civil process, 148
9.3 The role of the forensic anthropologist, 151
9.3.1 Criminal cases, 151
9.3.2 Civil cases, 160
9.4 The courtroom: etiquette and pitfalls, 162
References, 165

10 Litigation graphics in the courtroom presentation of forensic

anthropology, 167
Gary Hodges
10.1 Color, 169
10.2 Font, 170
10.3 Layout, 170
10.4 Clarity of purpose, 172
10.5 The problem-solution approach to visual aids, 172
10.6 Case study, 174
10.7 Conclusion, 180
References, 181

11 Maintaining independence in an adversarial system: expert witness

testimony in forensic anthropology, 183
Eric J. Bartelink, Laura C. Fulginiti, Alison Galloway, and Katherine M. Taylor
11.1 Criminal vs. civil cases, 185
11.2 Courtroom roles and rules, 187
11.3 Case studies, 189
11.3.1 Case study 1, 189
11.3.2 Case study 2, 191
11.3.3 Case study 3, 193
11.3.4 Case study 4, 195
11.4 Conclusion, 196
References, 197

12 Valuing your time: appropriate calculation of fees and expenses as

an expert witness, 199
Alison Galloway, Eric J. Bartelink, and Kristen Hartnett-McCann
12.1 History of expert witnesses and compensation, 200
12.2 Models of compensation, 200
12.2.1 Retainers, 201
xii Contents

12.2.2 Fee for service, 201

12.2.3 Fee for service considerations, 203
12.2.4 Pro bono, 205
12.2.5 Reasonable expenses, 206
12.3 Unethical billing practices, 207
12.4 Invoicing, 208
12.5 The professional expert, 209
12.6 Conclusions, 210
12.A Appendix, 211
References, 212

Index, 213
Notes on contributors

Eric J. Bartelink, PhD, D-ABFA, has taught for 13 years at California State
University, Chico, where he is currently a full professor and director of the
Human Identification Laboratory. His research interests focus on the bioarchae-
ology of Native California, dietary reconstruction using stable isotope analysis
and applications within forensic anthropology. He is a coauthor of Essentials of
Physical Anthropology, Introduction to Physical Anthropology, and Forensic Anthropol-
ogy: Current Methods and Practice and has authored and coauthored numerous
articles in scientific journals.
Jonathan D. Bethard, PhD, D-ABFA, is currently an Assistant Professor
in the Department of Anthropology at the University of South Florida. He
received his PhD in Anthropology from the University of Tennessee-Knoxville.
Dr. Bethard specializes in forensic anthropology and bioarchaeology and has
worked as a consultant in forensic anthropology for the International Criminal
Investigative Training Assistance Program (ICITAP) in Colombia and Algeria as
well the International Committee of the Red Cross (ICRC) in Tbilisi, Georgia.
In 2010, he deployed to Haiti as a member of the US Department of Health
and Human Service’s National Disaster Medical System’s Disaster Mortuary
Operational Response Team (DMORT) to assist with the recovery and identi-
fication of earthquake victims. In addition, Dr. Bethard has been involved in
bioarchaeological research in the United States, Peru, and the Transylvanian
region of Romania. He is a Fellow of the Anthropology Section of the American
Academy of Forensic Sciences, a Diplomate of the American Board of Forensic
Anthropology, and a Lifetime Member of the American Association of Physical
Anthropologists.
Katelyn L. Bolhofner, PhD, is currently an Assistant Professor of Physi-
cal/Forensic Anthropology at Texas Tech University, where she oversees the
Forensic Anthropology Concentration for undergraduate students, supervises
graduate students in the Department of Sociology, Anthropology, and Social
Work and in the Institute for Forensic Sciences, and through Texas Tech
University’s Forensic Anthropology Laboratory provides anthropological service
to county law enforcement on request. Katelyn received her PhD from Ari-
zona State University was trained in Forensic Anthropology at the Maricopa
County Office of the Medical Examiner in Phoenix, Arizona. She continues to
collaborate with anthropologists there and at Arizona State University. She has

xiii
xiv Notes on contributors

conducted skeletal research in Spain, Cyprus, and on Nubian collections from

ancient Sudan and maintains active research agendas in these and other areas.
Christian Crowder, PhD, D-ABFA received his BA from Texas A&M Univer-
sity, MA from the University of Texas at Arlington, and PhD from the University
of Toronto. He is currently the forensic anthropologist for the Dallas County Med-
ical Examiner’s Office in Dallas, Texas. Prior to this he has held the following
positions: Director of Forensic Anthropology for the Harris County Institute of
Forensic Sciences (HCIFS) in Houston, Texas; chief forensic anthropologist for the
Office of the Armed Forces Medical Examiner at Dover AFB; Deputy Director of
Forensic Anthropology Unit for the Office of Chief Medical Examiner – New York
City; and Forensic Anthropologist for the Defense POW/MIA Accounting Agency
(formally the Joint POW/MIA Accounting Command Central Identification Lab-
oratory) in Hawaii. In addition to his practitioner duties, Dr. Crowder is adjunct
faculty at Pace University, NYC, and an assistant professor at UT Southwestern
Medical Center.
Elizabeth A. DiGangi, PhD, D-ABFA, is a bioarchaeologist and forensic
anthropologist with research interests in improving trauma analysis and human
rights. Currently, she is Assistant Professor of Anthropology at Binghamton
University. Prior to this faculty position, she was a contracted forensic science
advisor in Colombia, offering a variety of training courses for the country’s
professional forensic scientists. She continues to mentor and offer courses for
forensic scientists in Algeria. It was a research methods course developed by
her and a colleague for Colombian anthropologists that led to the publication of
her co-edited volume (with Megan Moore): Research Methods in Human Skeletal
Biology (Academic Press, 2013). She is second author (with Susan Sincerbox)
of Forensic Taphonomy and Ecology of North American Scavengers (Academic Press,
2018). She works on forensic cases for local and state law enforcement in
addition to teaching and mentoring undergraduate and graduate students.
Julie M. Fleischman, PhD, is a forensic anthropologist at the Harris County
Institute of Forensic Sciences (HCIFS) in Houston, TX. She completed her post-
doctoral forensic anthropology fellowship at HCIFS in 2018, and was formerly
the laboratory manager for the Michigan State University Forensic Anthropology
Laboratory, and an intern at the Maricopa County Office of the Medical Exam-
iner. Her research interests include skeletal trauma and the application of forensic
anthropological methods to human rights conflicts, specifically in Cambodia.
Gary Hodges, BA, is a litigation graphics specialist at the Maricopa County
Attorney’s Office in Phoenix, Arizona, where he specializes in creating a wide
range of visual aids for use in courtroom presentations – from anatomical illus-
trations to complex 3D virtual recreations of crime scenes. Mr. Hodges received
 Notes on contributors xv

his bachelor’s degree in Anthropology (emphasizing the physical and forensic

fields) from Northern Arizona University in 1999. He has certifications in crime
scene investigation, police photography, and fingerprint collection and analysis.
In addition to his criminal work, he has studied and practiced art his entire life,
worked as a freelance writer and graphic designer for over 15 years, and is the
creator, writer, and illustrator of his own series of comic books.
Thomas D. Holland, JD, PhD, RPA, D-ABFA, is Director of Partnerships
and Innovations for the Defense POW/MIA Accounting Agency at the Pentagon.
Previously, he directed the Department of Defense Central Identification Labora-
tory in Hawaii for 23 years, where he was charged with the sole responsibility
for identifying the remains of US personnel lost from past military conflicts.
While there, he led recovery missions to numerous countries including North
Korea, Iraq, Kuwait, China, and Cambodia. He received a Ph.D. in Anthropology
from the University of Missouri-Columbia in 1991 and a JD from the University
of Hawaii, Richardson School of Law in 2016. He is a Fellow of the American
Academy of Forensic Sciences, a Diplomate of the American Board of Foren-
sic Anthropology, and is licensed to practice law in Arkansas and the District of
Columbia. He founded the Scientific Working Group for Forensic Anthropology
(SWGANTH) and serves, or has served, on numerous committees and advisory
groups including the Organization of Scientific Area Committees (OSAC) for
Forensic Science, the Department of Justice Crime Scene Committee, the White
House Office of Science and Technology’s Interagency Group of Forensic Science,
and the Forensic Advisory Boards for the International Committee of the Red
Cross in Switzerland and the International Commission on Missing Persons in
Bosnia. His research interests include prehistoric archeology, evolutionary the-
ory, forensic science, and the intersection of science and the law.
Jennifer C. Love, PhD, D-ABFA, is currently the forensic anthropologist and
identification unit supervisor for the Office of Chief Medical Examiner (OCME)
in Washington, DC. Prior to joining the OCME, she served as the forensic anthro-
pology director at the Harris County Institute of Forensic Sciences in Houston, TX.
She is a member of the Anthropology Subcommittee of the Organization for Sci-
entific Area Committees (OSAC). Her research interests are bone trauma, bone
pathology, and decedent identification. In 2011, she coauthored the textbook
Skeletal Atlas of Child Abuse.
Hon. Daniel Martin is a Superior Court Judge in Maricopa County. He was
appointed to the bench in 2007 and is currently assigned to the civil division,
where he presides over complex and commercial matters. Judge Martin received
his law degree from the University of Arizona and served as the Managing Edi-
tor of the Arizona Law Review. Following his graduation, Judge Martin clerked
xvi Notes on contributors

for Justice James Moeller on the Arizona Supreme Court. After seven years in
private practice, Judge Martin joined the Office of Administrative Hearings as an
Administrative Law Judge, where he served for almost eight years before join-
ing the Superior Court. Prior to his assignment to the civil bench, Judge Martin
completed rotations on the family, criminal, and juvenile benches.
Michal L. Pierce, MS, ASQ CMQ/OE, received her Bachelor of Science in
Microbiology from the University of Illinois, followed by a Master of Science
in Forensic Science from Sam Houston State University. She joined the Harris
County Institute of Forensic Sciences (HCIFS) Forensic Biology Laboratory in
October 2007 as a DNA analyst, and she served as the QA/Compliance Manager
for Forensic Genetics from 2011 to 2013. In 2013, she was appointed as the first
Quality Director for the HCIFS. In this position, she oversees the Quality Manage-
ment Division, which includes quality assurance, training and development, and
analytical statistics. Ms. Pierce possesses a certification by the American Board of
Criminalistics in Molecular Biology, and she is certified as a Manager of Qual-
ity/Organizational Excellence through the American Society for Quality.
Andrew C. Seidel, PhD received his doctoral degree from Arizona State Uni-
versity, with an emphasis on bioarchaeology. He has published on a number of
topics, including the estimation of age-at-death, trauma analysis, and the heri-
tability of traits of the human dentition. His research interests include forensic
anthropology, human anatomy and osteology, mortuary analysis, and the arche-
ology of the Eastern Woodlands. Currently, he assists with forensic anthropology
casework at the Maricopa County Office of the Medical Examiner.
Katherine Taylor, PhD, D-ABFA, is a Forensic Anthropologist with the King
County Medical Examiner’s Officer where she has worked as a Forensic Anthro-
pologist for over 25 years. As a part of her responsibilities, Dr. Taylor is a lead
subject matter expert on mass fatality and victim identification. Dr. Taylor serves
on several boards including the Family and Friends of Violent Crime Victims and
the Seattle University Criminal Justice Advisory Board. Dr. Taylor is also a Diplo-
mate of the American Board of Forensic Anthropology, a fellow of the American
Academy of Forensic Sciences and a member of the Washington Association of
Coroners and Medical Examiners. Dr. Taylor is an affiliate faculty at the Univer-
sity of Washington, Department of Anthropology, and an adjunct faculty at the
Seattle University Department of Criminal Justice. Dr. Taylor received her PhD
in Forensic Anthropology from the University of Arizona.
Doug Ubelaker, PhD is a curator and senior scientist at the Smithsonian Insti-
tution’s National Museum of Natural History in Washington, D.C. where he has
been employed for over four decades. Since 1978, he has served as a consultant
in forensic anthropology. In this capacity, he has served as an expert witness,
 Notes on contributors xvii

reporting on more than 980 cases and has testified in numerous legal proceed-
ings.
He is a Professorial Lecturer with the Departments of Anatomy and Anthro-
pology at the George Washington University, Washington D.C. and is an Adjunct
Professor with the Department of Anthropology, Michigan State University, East
Lansing, Michigan.
Dr. Ubelaker has published extensively in the general field of human skeletal
biology with an emphasis on forensic applications. He has served on the edi-
torial boards of numerous leading scientific publications, including the Journal
of Forensic Sciences; The Open Forensic Science Journal; International Journal of Legal
Medicine; Human Evolution; Homo, Journal of Comparative Human Biology; Anthro-
pologie, International Journal of the Science of Man; Forensic Science Communications;
Human Evolution; International Journal of Anthropology; Forensic Sciences Research,
Forensic Science International, Science and Justice and Global Bioethics.
Dr. Ubelaker received a Bachelor of Arts Degree and a Doctor of Philosophy
from the University of Kansas. He has been a member of the American Academy
of Forensic Sciences since 1974 and achieved the status of Fellow in 1987 in
the Physical Anthropology Section. He served as the 2011–2012 President of the
AAFS. He is a Retired Diplomate of the American Board of Forensic Anthropol-
ogists.
Dr. Ubelaker has received numerous honors including the Memorial Medal
of Dr. Aleš Hrdlička, Humpolec, Czech Republic; the Anthropology Award
of the Washington Academy of Sciences; the T. Dale Stewart Award of the
Physical Anthropology Section of the American Academy of Forensic Sciences;
Distinguished Fellow (2016) and Douglas M. Lucas Medalist (2017) American
Academy of Forensic Sciences; the FBI Director’s Award for Exceptional Public
Service; the Federal Highway Administration Pennsylvania Division Historic
Preservation Excellence Award, the Hong Kong Forensic Foundation Award,
International Academy of Forensic Sciences and a special recognition award
from the FBI. He was elected Miembro Honorario of the Sociedad de Odon-
toestomatólogos Forenses Ibero Americanos, Profesor Ad Honorem, Universidad
de la República, Facultad de Medicina, Montevideo, Uruguay, Socio Honorario,
Asociación Latinoaméricana de Antropologia Forense, Honoris Causa FASE
certification, Milano, Italy and Doctor (Honoris Causa) University of Cordoba,
Argentina.
Lauren Zephro, PhD, is currently the laboratory director for the Santa Cruz
County Sheriff’s Office Forensic Services Division. She earned her MA from the
University of Tennessee, Knoxville, and her PhD from the University of Califor-
nia, Santa Cruz. In addition to her work as a forensic anthropologist, she is also a
fingerprint expert and specializes in crime scene investigation. She is a Fellow of
xviii Notes on contributors

the Anthropology Section of the American Academy of Forensic Sciences and a

Certified Latent Print Examiner through the International Association for Iden-
tification. Her research interests include bone trauma, bone biomechanics and
secular change in skeletal morphology.
Preface

The criterion separating Forensic Anthropologists from other Anthropologists or

Archeologists is that they operate within the realm of the medico-legal system.
One definition of the term “forensic” means relating to or dealing with the appli-
cation of scientific knowledge to legal problems. In the context of this volume
the authors are discussing the application of scientific knowledge as it pertains to
anthropology casework performed in the legal milieu.
Forensic Anthropology has its roots in Biological or Physical Anthropology.
Much of the methodological underpinnings of the science were developed for use
on dissection cadavers or on skeletons derived from archeological contexts. The
application of these scientific principles to forensic casework began organically
as consultations to local academicians and slowly morphed into the varied and
dynamic field of study observed today.
As Forensic Anthropology developed somewhat accidentally, there are no
hard and fast training tenets for one of the outcomes of forensic casework,
namely interaction with the judicial system. Anthropologists are left to either
figure it out on their own, or observe other practitioners such as forensic pathol-
ogists or forensic toxicologists, who testify on a more routine basis. This kind
of on the job training does not suffice when a legal proceeding is particularly
complex or multi-layered.
This volume was developed to address that basic gap in the training of most
Forensic Anthropologists. The content is divided into two conceptual parts: the
first (Chapters 1–4) is an historical overview and current state of the field as it
is today; the second (Chapters 5–12) is meant to be used as a hands-on man-
ual designed to provide basic, essential information that will assist practitioners
facing legal proceedings.
The editors of this volume are seasoned professionals who each bring a unique
perspective to the work. Our hope is that we have covered the multi-faceted
aspects of the United States Judicial System and provided meaningful informa-
tion about its vagaries. Many of the legal terms used in the volume are defined
in the accompanying glossary, or in the text where they are found. Legal pro-
cedures are defined and explained. The entire process is laid out and discussed
from varying perspectives in an attempt to provide clarity about the expectations
of the legal community regarding forensic scientists. While the book is geared
toward Forensic Anthropology our hope is that any forensic scientist could gain
insight from the information presented.

xix
xx Preface

The authors contributing to this volume present material in their particular

area of expertise. In Chapter 1, Love and Fulginiti cover the constitutional
underpinnings of the Confrontation Clause and how it applies to Forensic
Science. Chapter 1 is followed by a detailed discussion by Holland and Crowder
of the historical events leading up to the issuance of the 2009 National Academy
of Science (NAS) report and its impact on forensic science. This report was
extremely critical of the way in which forensic science is performed and regu-
lated and became a harbinger of significant change. In Chapter 2, these authors
discuss the imperative for reliable research to uphold anthropological methods.
Following on that discussion, Bethard and DiGangi tackle research develop-
ments in the field by assessing the Journal of Forensic Sciences and discuss the
implications of research in the legal milieu. The final chapter in this part of the
volume is written by newly fledged PhDs, Bolhofner and Seidel, who discuss the
current state of Forensic Anthropology training programs from the perspective
of individuals who have recently navigated those waters. Combined, these first
chapters represent the section of the volume designed to introduce the reader
to the medico-legal community and define the place of Forensic Anthropology
expert witnesses in it.
The second part of the volume, beginning with Chapter 5, transitions into a
“how-to” manual for professionals currently practicing, and for students who are
considering Forensic Anthropology as a career. The first chapter in this section, by
Fleischman et al., straddles the two parts of the volume by presenting the back-
ground and history around quality assurance and control in a forensic laboratory
while also presenting details regarding how to go about setting up a laboratory
and if desired pursuing accreditation for that laboratory. Fleischman et al. detail
the importance of a strong QA/QC program in any Forensic Anthropology labo-
ratory and in forensic casework.
The next chapters, by Zephro and Galloway, detail the recommended docu-
mentation, both written and photographic, that should be maintained from the
beginning of any accepted forensic case. The authors present important infor-
mation regarding the kinds of material to consider putting into a case report,
what to maintain in the case file, and how to document the case effectively so
that another practitioner could understand every step that was taken and how
conclusions were engendered. Hartnett-McCann et al. present an argument for
the importance of a robust peer review process; their chapter both explains how
to develop one and emphasizes the necessity of this practice in every Foren-
sic Anthropology caseload. Forensic Anthropology as a discipline is becoming a
more integral part of the medico-legal system and our procedures must conform
to best practices.
The final chapters in the book, Chapters 9–12, focus on interaction with the
legal community, beginning with a detailed description of the United States
 Preface xxi

Judicial System. Martin and Fulginiti outline many of the pre-trial proceedings
and documents and explain them in the context of an expert witness. The
expectations of the Court are laid out and courtroom etiquette is described.
Chapter 9 contains critical information for practitioners facing legal proceedings
as an expert.
Hodges, in Chapter 10, describes the field of litigation graphics; how to go
about best presenting your findings so that a lay jury can understand them more
easily. He also uses a case study to demonstrate the effectiveness of good graphics
when communicating complex scientific principles. Building on this example,
Hodges underscores the importance of clear communication in the courtroom.
Bartelink et al., in Chapter 11, provide a pertinent discussion of the interac-
tions among expert witnesses in what is essentially an adversarial system. The
authors provide support for maintaining independence in casework, case man-
agement and critically, expert testimony. In the final chapter, Galloway et al.
detail the importance of placing a fair market value on your professional time.
The authors provide examples and useful suggestions regarding how to track and
bill cases. Forensic Anthropologists often have a difficult time placing a value on
work they consider to be a service to the community and Chapter 12 addresses
such issues.
The chapter appendices and glossary are meant to provide examples of differ-
ent types of documents as well as define unfamiliar legal jargon. The hope of the
editors is that this volume presents timely and detailed meaningful information
that can be used to train new practitioners, to provide a path for scientists who
have not yet testified, and to clarify the various procedures for even battle-weary
experts.
Fulgi, Kristen, and Alison
Series preface

The forensic sciences represent diverse, dynamic fields that seek to utilize the
very best techniques available to address legal issues. Fueled by advances in
technology, research and methodology, as well as new case applications, the
forensic sciences continue to evolve. Forensic scientists strive to improve their
analyses and interpretations of evidence and to remain cognizant of the latest
advancements. This series results from a collaborative effort between the Ameri-
can Academy of Forensic Sciences (AAFS) and Wiley to publish a select number
of books that relate closely to the activities and Objectives of the AAFS. The book
series reflects the goals of the AAFS to encourage quality scholarship and publica-
tion in the forensic sciences. Proposals for publication in the series are reviewed
by a committee established for that purpose by the AAFS and also reviewed by
Wiley. The AAFS was founded in 1948 and represents a multidisciplinary profes-
sional organization that provides leadership to advance science and its application
to the legal system. The 11 sections of the AAFS consist of Criminalistics, Digi-
tal and Multimedia Sciences, Engineering Sciences, General, Pathology/Biology,
Questioned Documents, Jurisprudence, Anthropology, Toxicology, Odontology,
and Psychiatry and Behavioral Science. There are over 7000 members of the
AAFS, originating from all 50 States of the United States and many countries
beyond. This series reflects global AAFS membership interest in new research,
scholarship, and publication in the forensic sciences.
Douglas H. Ubelaker
Senior Scientist
Smithsonian Institution
Washington, DC, USA
Series Editor

xxiii
Foreword

The rapidly expanding field of Forensic Anthropology involves the application

of anthropological methodology to medico-legal issues. Students and colleagues
entering this academic discipline must learn techniques of detection and recov-
ery, species recognition, evaluation of the biological profile, estimating time since
death and detecting evidence of trauma and post-mortem modifications. Training
for this analysis is largely available in educational programs related to bioarche-
ology, skeletal biology and related academic foci. However, those working in
Forensic Anthropology must also master techniques unique to forensic applica-
tions, especially in regards to trauma analysis and evaluation of the post-mortem
interval. The medico-legal context presents other challenges for the Forensic
Anthropologist. Results of analysis must be presented properly in the judicial sys-
tem. The Forensic Anthropologist must be prepared for the possibility of court tes-
timony and/or deposition. Preparation involves not only assembling bench notes,
reports, and aspects of documentation, but also understanding the legal process
and what is expected of the involved scientist. This new book provides welcomed
perspective regarding the legal context of the work of Forensic Anthropology.
This volume focuses on forensic applications within the judicial systems of
North America. In this area of the world, courts depend upon the adversary
process and cross-examination to maintain the quality of scientific testimony
(Peterson and Murdock 1989). In recent years, concern regarding the science
presented in the legal system has led to evidentiary standards (Christensen and
Crowder 2009) that must be understood by Forensic Anthropologists and oth-
ers in forensic science. Forensic Anthropologists must be competent and meet
broader ethical standards as well (Peterson and Murdock 1989).
Growing numbers of Forensic Anthropologists apply their skills in coun-
tries other than their own (Kranioti and Paine 2011; Rosenblatt 2010). Such
involvement reflects the global expansion of the field of Forensic Anthropology,
as well as the many applications to humanitarian and human rights issues
(Cattaneo 2007; Cattaneo and Baccino 2002; Doretti and Snow 2003; Fleis-
chman 2016; Işcan and Olivera 2000; Klinkner 2008; Steadman and Haglund
2005; Sikkink 2008; Stover and Ryan 2001; Ubelaker 2008). Many of the
issues relating to scientific testimony are universal. All systems recognize the
need for well-trained and competent scientific testimony and the importance
of proper recovery and documentation of evidence (Crossland 2013; Haglund
2001; Hanson 2008; Schmitt 2002). However, the legal context also presents
considerable global diversity (Ubelaker 2015). International law relating to

xxv
xxvi Foreword

scientific testimony reflects local culture, values, history, and traditions (Merry
1992, 2006). Many countries, especially in Europe adhere to the adversarial
system with cross-examination that also is employed in North America. Others
utilize the inquisitorial system with its focus on balance maintained by the
prosecutor (Ubelaker 2015). Some differences even exist in forensic-related law
between the United States and Canada (Holobinko 2012).
Forensic Anthropologists working globally also need to become aware of inter-
national humanitarian and human rights law. The United Nations has established
International Tribunals for the prosecution of serious violations of international
humanitarian laws. These include the International Criminal Tribunal for the
former Yugoslavia (ICTY) and a similar one for Rwanda (ICTR) (Cordner and
McKelvie 2002). Many anthropologists have conducted analyses in association
with these tribunals and the violations they address (Baraybar and Gasior 2006;
Fondebrider 2015; Kimmerle and Baraybar 2008; Kimmerle and Jantz 2008;
Klinkner 2009; Komar 2003; Stover and Shigekane 2002).
Clearly, the legal context of the work of Forensic Anthropologists is com-
plex and challenging to comprehend. This volume clarifies many of the issues
involved to assist Forensic Anthropologists in their involvement with the legal
system. It provides guidelines relating to the judicial system that need to be con-
sidered during the entire process of forensic activity from data recovery to court
testimony. Forensic Anthropologists, especially those entering the field, need to
understand what is expected of them from the legal system. This new book pro-
vides that important information.
Douglas H. Ubelaker

References
Baraybar, J.P. and Gasior, M. (2006). Forensic anthropology and the most probable cause
of death in cases of violations against international humanitarian law: an example from
Bosnia and Herzegovina. Journal of Forensic Sciences 51 (1): 103–108.
Cattaneo, C. (2007). Forensic anthropology: developments of a classical discipline in the
new millennium. Forensic Science International 165 (2): 185–193.
Cattaneo, C. and Baccino, E. (2002). A call for forensic anthropology in Europe. Interna-
tional Journal of Legal Medicine 116 (6): N1–N2.
Christensen, A.M. and Crowder, C.M. (2009). Evidentiary standards for forensic anthro-
pology. Journal of Forensic Sciences 54 (6): 1211–1216.
Cordner, S. and McKelvie, H. (2002). Developing standards in international forensic work
to identify missing persons. International Review of the Red Cross 84 (848): 867–884.
Crossland, Z. (2013). Evidential regimes of forensic anthropology. Annual Review of Anthro-
pology 42 (1): 121–137.
Doretti, M. and Snow, C.C. (2003). Forensic anthropology and human rights: the Argen-
tine experience. In: Hard Evidence: Case Studies in Forensic Anthropology (ed. D.W. Stead-
man), 290–310. Upper Saddle River, NJ: Pearson Education.
 Foreword xxvii

Fleischman, J.M. (2016). Working with the remains in Cambodia: skeletal analysis and
human rights after atrocity. Genocide Studies and Prevention: An International Journal 10
(2): 121–130.
Fondebrider, L. (2015). Forensic anthropology and the investigation of political violence:
lessons learned from Latin American and the Balkans. In: Necropolitics: Mass Graves and
Exhumations in the Age of Human Rights (ed. F. Ferrándiz and A.C.G.M. Robben), 41–52.
Philadelphia, PA: University of Pennsylvania Press.
Haglund, W.D. (2001). Archaeology and forensic death investigations. Historical Archaeol-
ogy 35 (1): 26–34.
Hanson, I. (2008). Forensic archaeology: approaches to international investigations. In:
Forensic Approaches to Death, Disaster and Abuse (ed. M. Oxenham), 1–12. Sydney: Aus-
tralian Academic Press.
Holobinko, A. (2012). Forensic human identification in the United States and Canada: a
review of the law, admissible techniques, and the legal implications of their application
in forensic cases. Forensic Science International 222: 394.e1–394.e13.
İşcan, M.Y. and Olivera, H.E.S. (2000). Forensic anthropology in Latin America. Forensic
Science International 109: 15–30.
Kimmerle, E.H. and Baraybar, J.P. (eds.) (2008). An epidemiological approach to forensic
investigations of violations to international humanitarian and human rights law. In:
Skeletal Trauma: Identification of Injuries Resulting from Human Rights and Abuse and Armed
Conflict, 1–13. Boca Raton, FL: CRC Press.
Kimmerle, E.H. and Jantz, R.L. (2008). Variation as evidence: introduction to a sympo-
sium on international human identification. Journal of Forensic Sciences 53 (3): 521–523.
Klinkner, M. (2008). Forensic science for Cambodian justice. The International Journal for
Transitional Justice 2 (2): 227–243.
Klinkner, M. (2009). Forensic science expertise for international criminal proceedings:
an old problem, a new context and a pragmatic resolution. The International Journal of
Evidence & Proof 13 (2): 102–129.
Komar, D. (2003). Lessons from Srebrenica: the contributions and limitations of physical
anthropology in identifying victims of war crimes. Journal of Forensic Sciences 48 (4):
713–716.
Kranioti, E.F. and Paine, R.R. (2011). Forensic anthropology in Europe: an assessment of
current status and application. Journal of Anthropological Sciences 89: 71–92.
Merry, S.E. (1992). Anthropology, law, and transnational processes. Annual Review of
Anthropology 21: 357–379.
Merry, S.E. (2006). Anthropology and international law. Annual Review of Anthropology
35: 99–116.
Peterson, J.L. and Murdock, J.E. (1989). Forensic science ethics: developing an integrated
system of support and enforcement. Journal of Forensic Sciences 34 (3): 749–762.
Rosenblatt, A. (2010). International forensic investigations and the human rights of the
dead. Human Rights Quarterly 32 (4): 921–950.
Schmitt, S. (2002). Mass graves and the collection of forensic evidence: genocide, war
crimes, and crimes against humanity. In: Advances in Forensic Taphonomy: Method, Theory,
and Archaeological Perspectives (ed. W.D. Haglund and M.H. Sorg), 277–291. Boca Raton,
FL: CRC Press.
Sikkink, K. (2008). From pariah state to global protagonist: Argentina and the struggle
for international human rights. Latin American Politics and Society 50 (1): 1–29.
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