Заң саласында антропология ғылымының қолданылуы

Application of the science of anthropology in a legal setting

Forensic anthropology is the application of the anatomical science of anthropology and its various subfields, including forensic archaeology and forensic taphonomy,

The use of anthropology in the forensic investigation of remains grew out of the recognition of anthropology as a distinct scientific discipline and the growth of physical anthropology. The field of anthropology began in the United States and struggled to obtain recognition as a legitimate science during the early years of the twentieth century. On average, male teeth are slightly larger than female teeth, with the greatest difference observed in the canine teeth. Examination of internal dental tissues has also shown that male teeth consist of absolutely and proportionately greater quantities of dentine than females. Such differences in dental tissue proportions could also be useful in sex determination.

The estimation of stature by anthropologists is based on a series of formulas that have been developed over time by the examination of multiple different skeletons from a multitude of different regions and backgrounds. Stature is given as a range of possible values, in centimeters, and typically computed by measuring the bones of the leg. The three bones that are used are the femur, the tibia, and the fibula. It is used to confirm if an individual has reached a specific age threshold in cases of criminal liability, asylum seekers and unaccompanied children, human trafficking, adoption, and competitive sports. Guidelines by the Study Group on Forensic Age Diagnostics (Arbeitsgemeinschaft für Forensische Altersdiagnostik, AGFAD), propose that a three step procedure should be followed for the age estimation: the first step is a physical examination; the second step include the assessment of the hand/wrist development using plain radiographs; the third step is a dental assessment. One of the most used methodologies for the estimation of age from the development of the hand and wrist is the Greulich and Pyle Atlas, whilst to assess dental development the most common method used so far is the 8 teeth technique developed by Demirjian et al Where the estimated age of the individual might be above 18 years of age, it is possible to use the development of the medial end of the clavicle. Traditionally, those undertaking age estimation in the living, adopt imaging techniques such as plain radiographies and CT scans to carry out the age estimation, however, lately, due to ethical issues surrounding the use of ionising medical imaging modalities for non medical purposes (e. g., forensic purposes), magnetic resonance imaging, a radiation free medical imaging modality, is being investigated to develop new methodologies to estimate the age of living individuals.

The estimation of individuals' ancestry is typically grouped into three groups. However, the use of these classifications is becoming much harder as the rate of interancestrial marriages increases. Research presented at the 2012 Annual Meeting of the American Association of Physical Anthropologists concluded that ForDisc ancestry determination was not always consistent, and that the program should be used with caution. Determination of ancestry is incredibly controversial but often needed for police investigations to narrow down subject pool.

Anthropologists are also able to see other markers present on the bones. Past fractures will be evident by the presence of bone remodeling but only for a certain amount of time. After around seven years, bone remodelling should make the presence of a fracture impossible to see. The examination of any fractures on the bones can potentially help determine the type of trauma they may have experienced. Cause of death is not determined by the forensic anthropologist, as they are not qualified to do so. However, they are able to determine the type of trauma experienced such as gun shot wound, blunt force, sharp force, or a mixture thereof. It is also possible to determine if a fracture occurred ante mortem (before death), peri mortem (at the time of death), or post mortem (after death). Ante mortem fractures will show signs of healing (depending on how long before death the fracture occurred) while peri and post mortem fractures will not. Peri mortem fractures can incorporate quite a large range of time, as ante mortem trauma that is unrelated directly to death may not have had time to begin the healing process. Peri mortem fractures will usually appear clean with rounded margins and equal discolouration after death, while post mortem breaks will appear brittle. Forensic archaeologists employ their knowledge of proper excavation techniques to ensure that remains are recovered in a controlled and forensically acceptable manner. In addition to remains, archaeologists are trained to look for objects contained in and around the excavation area. These objects can include anything from wedding rings to potentially probative evidence such as cigarette butts or shoe prints. A forensic archaeologist must also be able to utilize a degree of creativity and adaptability during times when crime scenes can not be excavated using traditional archaeological techniques. For example, one particular case study was conducted on the search and recovery of the remains of a missing girl who was found in a septic tank underground. This instance required unique methods unlike those of a typical archeological excavation in order to exhume and preserve the contents of the tank. Research conducted to improve archaeological field methods, particularly to advance nondestructive methods of search and recovery are also important for the advancement and recognition of the field. There is an ethical component that must be considered. The capability to uncover information about victims of war crimes or homicide may present a conflict in cases that involve competing interests. Forensic archaeologists are often contracted to assist with the processing of mass graves by larger organisations that have motives related to exposure and prosecution rather than providing peace of mind to families and communities. These projects are at times opposed by smaller, human rights groups who wish to avoid overshadowing memories of the individuals with their violent manner(s) of death. In cases like these, forensic archaeologists must practice caution and recognize the implications behind their work and the information they uncover.