VETERINARY FORENSIC MEDICINE & VETERINARY JURISPRUDENCE IN INDIA:PRACTICAL APPROACH AT FIELD LEVEL CASES

May 26, 2022

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VETERINARY FORENSIC MEDICINE & VETERINARY JURISPRUDENCE IN INDIA:PRACTICAL APPROACH AT FIELD LEVEL CASES

Forensic Medicine: It is also called legal medicine. The name forensic comes from ‘forum’- the Roman market place where lawyers did their business from ancient times. It is a branch of veterinary medicine, which covers the application of the principles and knowledge of veterinary medicine for the purpose of law. Examples: veterinary medical knowledge in deciding the cases of mischief, cruelty, bestiality, mischievous killing etc.

Veterinary Jurisprudence (VJR) ↔ Veterinary Forensic Medicine (VFM)

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Legal aspect of veterinary medicine

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Two subjects are closely related

Scope of forensic medicine

It deals with those veterinary medical subjects, which are needed for application of scientific facts in legal matter, both civil and criminal offense cases.
Emphasize forensic pathology and toxicology in order to bring it into partnership with the process of law.
Application of principles and knowledge of facts of veterinary medicine to the purposes of law, both civil and criminal offense cases

Branches of veterinary forensic medicine

Forensic obstetrics:

Use of corticosteroid in abortion cases
Normal and abnormal delivery

Forensic serology: Using serological test to detect criminal offense.
Forensic ballistics:

Basic knowledge of common firearms
Physical aspects of the firearms injury
Investigation of firearms ammunition and problem arising from their use

Forensic toxicology:

Sources, characters and properties of poison
Signs and symptoms they produce
Details about the treatment to be undertaken
Postmortem changes
Collection of samples and analysis of poison

Forensic pathology: Pathological techniques in determining the cause and manner of death due to-

Violence
Suspicious case
Unexpected case
Sudden death
Medically unattended case

Why veterinarian needs fair knowledge of forensic medicine:

Practicing veterinarian treat patients irrespective of origin, so they get some victims of criminal act to treat-

Poisonous case
Surgeon treat victims of criminal wound
Treating cases of criminal abortion
Practicing veterinarian will be required to appear as an expert witness in a court of law
Forensic medicine prepare veterinarian to face such situation effectively

Veterinarian may be asked at any time to give their expert opinion in case of unexpected death. Forensic medicine helps to face such situation.
Fair knowledge must be needed to safeguard of a veterinarian from criminal cases
Veterinarian comes to know his own code of conduct-what to do and what not? through forensic medicine.

Veterinary Jurisprudence:

The word Jurisprudence comes from ‘juries’-law and ‘prudentia’-knowledge. It deals with the knowledge of law in relation to the veterinary practice. It also deals with the responsibilities of the veterinary doctors. Examples: Doctor-patient-owner relationship, veterinary medical negligence cases, rights and duties of veterinary doctor, infamous conduct and consent, veterinary medical ethics etc.

Write down the difference between veterinary forensic medicine and veterinary jurisprudence

Veterinary Forensic Medicine	Veterinary Jurisprudence
It deals with the veterinary medical aspects of law	It deals with the legal aspects of the practice of veterinary medicine
Brings veterinary practitioner into contact with courts of law	Brings relationship between veterinarian and owner of the patients and society
Application of paraclinical and clinical knowledge in the administration of justice	Legal responsibilities of veterinarians with: veterinary negligence case, veterinarian-owner, veterinarian-student, vet.-satae,veterinarian-veterinarian
Applied to all	Applied only veterinary practioner

Veterinarian and the law

Criminal law

Criminal law that concerns offences which are considered to be against the general public’s interest.
Offences against the person, against property, against public safety, against the security of the state etc.

Civil law

Concerns dispute between two individual rather than state
The dispute may be over the negligence, contact, debt, libel or slander (false statement) where one citizen claims that another has caused him private wrong or disadvantages. But this crime has no public concerns or severity of state

Combined civil and criminal law: Sometimes same incident has both criminal and civil proceedings. Example: A car crush lead to both criminal prosecution for dangerous driving (public offense) as well as a civil action for damages for personal injuries suffered by someone as a result of driver’s negligence.

Some terminology

Defendant: In both types of law (civil & criminal actions) the accused person is called defendant.

Offense: The term which implies the unlawful acts which are liable to pay, damage, to fine or imprisonment or even sentenced to death.

Warrant: A written order from legal authority regarding arrest of the caused or for forcible production in coast.

Summon case: It is a case relating to offense punishable with imprisonment for one year or less than that.

Affidavit: It means written declaration under oath.

Deposition: It is a written statement on oath made by witness in a judicial proceeding and signed by the witness and the magistrate.

Document: Any matter expressed or described upon any substance by means of letter, figures or masks or by more than one of those means, intended to be used or which may be used as evidence for that matter.

Evidence: All legal means, which help to prove or disprove any matter of fact the truth of which is submitted to judicial investigation.

Testimony: It means the evidence oral or written of a witness under oath.

Complaint: An allegation made orally or in writing to the magistrate with a view to taking action under criminal procedure code that some person known or unknown has committed the offense.

Perjury: Willful giving false evidence by a witness under oath or failure to state what he knows and believes to be true.

Courts of law and their powder

There are three (3) classes of courts of law-

Civil court (munsef court): Civil court is the court of the lowest order handling matters pertaining to civil matters in India. It is usually controlled by the district court of the respective court.
Criminal court (magistrate court): Criminal court is the lowest court where all the criminal proceedings start. Some civil matter also decided in this court.
Both civil and criminal court: a) High court b) Supreme court c) Session court

Structure of magistrate court:

2^nd class magistrate ⇐ Magistrate court ⇒ 3^rd class magistrate

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District magistrate ⇐ 1^st class magistrate ⇒ Additional district magistrate

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Upazila magistrate

Assistant district magistrate

Metropolitan magistrate

Power of high court: It may try any offense or it may pass any sentence authorized by law.

Death sentence ⇐ High Court ⇒ Life long imprisonment

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Imprisonment with solitary confinement

Power of Supreme Court:

Supreme court is the highest body of the adjudicator
If a person is dissatisfied with verdict of the high court, he can appeal to the supreme court which tries that case again.

Can deal any appear ⇐ Supreme Court ⇒ Can pass any verd

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Any ruling declared by it must be followed in lower court

Power of session court: Session courts are the judicial subdivisions which may include one district or more.

The session judge court ⇐ Session court ⇒ The assistant session judge court

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Can try any case Can try any case
Can pass any sentence authorized by law Can pass any sentence authorized by law,
But death sentence must be approved by high court except death and imprisonment exceed 10 years

Witness:

Witness is a person who narrates evidence in the court from the personal knowledge about the fact in question. In other words, the person who saw, heard or knew the incident and is called upon by the court to give evidence is known as witness.

Types of witness-

Common witness: The person who give evidence about the facts observed by him. Example: In case of traffic accident the people who witness the accident becomes a common witness.
Expert witness: An expert witness is one who an account of his professional training and skill is capable of giving opinion. Example: Medical man, Veterinary practioner, Firearm expert, Finger prints experts, Hand writing expert etc.
Hostile witness: The person who during his deposition in the court, is assumed to have an interest or motive for concealing the truth or part of it or for giving the false evidence. A common or expert witness may be become hostile.
Other witness:

Court witness: The person who appears the court on behalf of the court is a court witness

Veterinary doctor is a court witness
Skilled or scientific witness-Photographer

Veterianry medical evidence

Evidence: All legal means, which help to prove or disproving any matter in question is called evidence.

Oral evidence
Direct evidence: This is an evidence of the eyewitness who has knowledge about the fact which he has seen.
Indirect evidence: In case of alleged murder of A by B in certain place on a particular day and time. B was seen by C running away with a blood stained knife. C’s evidence in the case would be indirect or circumstantial evidence
Documentary evidence

Three types

Medical certificate
Health certificate
Death certificate
Age certificate
Insanity certificate
Bestiality certificate
Pregnancy certificate
Abortion certificate
Post mortem report
Age certificate
Lunacy certificate

Other documents:

Dying declaration
Deposition of witness taken in lower court
Chemical examination report
Hospital record- date of treatment given

Hearsay evidence: Evidence that does not proceed from the personal knowledge of the witness but from the mere repetition of what he has heard others say.

Write down the hints for giving evidence in the court

A veterinary witness for giving evidence should observe the following hints-

Always get up the facts of the case before going to court by a reference to your original notes and consider what possible questions you may be asked and be prepared with your answers.
Speak slowly and distinctly
Avoid technical terms as far as possible, use simple and plain language
If unable to give any answer say, I can n’t answer
Do n’t loose your temper. The lawyers have latitude (scope of freedom) in putting questions to the witness in cross-examination and may put questions of an irritating nature
Quotations from books should be avoided. You are supposed to express an opinion from your knowledge and experience.
Books are sometimes quoted by counsel (lawyer) and the witness is asked whether he agrees with the quotation.
If the witness does not do so, he should before replying, ask to be allowed to read the passage quoted himself in order to see that the context does not give a different meaning to it from that assumed for it by the counsel.

Common offences against animals

The common offences against animals are-1) Mischief 2) Cruelty and 3) Bestiality

Mischief (Harmful behavior)

This includes killing, poisoning or maiming of animals

Poisoning: Poisoning is a commonest method of mischievous killing of an animal

Abrus precatorius
Arsenic
Aconite root
Snake venom
Datura leaves
Seeds of yellow oleander

Maiming: Maiming means making an animal useless by the use of violence. This type of offense is also common and its aim is to harm the owner when an animal damages the crop or other property. The common form of rendering useless are-

Cutting of tendon and ligaments, particularly of the legs and neck
Dislocation or opening of joints
Injuries to the eyeball leading to blindness of an or both eyes
Injuries to the udder of milch animalsof
Tearing of vagina or rectum by introducing sharp or blunt object
Punctured wounds or opening up of the abdomen and thorax

Killing: Mischievous killing of animals includes-I) Poisoning II) Slaughtering III) Violence IV) Starvation V) Strangulation VI) Drowning

Noted observation in molested animals:

The nature site and magnitude of the wound
The presence or absence of hemorrhage
Probable period of existence of the injury
Probable prognosis
The effect it has had or is likely to have on the usefulness of the animal
If a bullet, a broken piece of a knife or dragger or any other foreign body is found in a wound, it should be handed over or sent in sealed cover to the police and a receipt obtained
Such foreign bodies afford valuable evidence

Punishment/ Penalties:

Whoever commits mischief by killing , maiming or rendering useless of any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years or with fine or both (Section 428, IPC= Indian Panel Code)
Whoever commits mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow or ox, shall be punished with imprisonment of either description for a term which may extend to five years or with fine or with both. (Section 429, IPC= Indian Panel Code)
Cruelty: This is a very common crime, probably due to sadistic nature (individuals who derive pleasure from suffering of others) of an owner or attendant. The crime usually consists of beating, overloading, overdriving or cruelly binding healthy animals or using a diseased animal for work. Others form of cruelty like starvation and the operation called phuka.

Penalties:

Animals which are subjected to cruelty are usually detained in recognized hospital for treatment and cost is recovered from the owner.
It is punishable with fine up to Rs-100/- and / or imprisonment for the three months under the cruelty of Animal act .

New law: It is punishable with fine up to 10,000/- and / or imprisonment for the six months under the cruelty of Animal act .

The act is applicable only to areas to which it has been specially extended by the provincial government and there also to acts of cruelty committed in public places or visible from public places
Bestiality: Bestiality or sexual intercourse of human with the animals. Sexual intercourse by a man with an animal usually per vagina or anus is called bestiality. It means carnal intercourse with man, woman or animal against the order of nature.

Reasons for bestiality:

The common belief among illiterate people that intercourse with she-donkey is a remedy for gonorrhea
Excessive sexual desire with less opportunity for natural intercourse
Young villagers, who go out to graze cattle in field far away from human eye, are incited, owing to loneliness and the proximity of the animals to commit this crime.
People having some mental abnormalities
In bestiality crime, the human male is active agent and the passive agent is a goat, donkey, mare , cow or even hen
No cases of the human female are publicly known

Diagnosis of bestiality:

Signs in accused person

The offender are usually caught red-handed
Penis may be contaminated with animal feces, vaginal secretion or hair
Marks of injuries on the body of the accused person due to kicks, teeth or claws of the animal
Presence of animal hair on the external or the cloth
Some animals urinate during the act and the urine may soak the cloths of the accused or cloths may emit the peculiar smell of the species

Signs in the animal

Presence of human spermatozoa in the vagina or the anal canal
The possibility of natural intercourse with a male of the same animal species should not be forgotten or ascertain the availability of the male and whether female animal was in heat or not
Friction, abrasions or lacerations of the vagina or anal canal should be examined
If the accused is suffering from gonorrhea, the presence of organism in the vagina or anal canal
Examination of seminal stains may be examined by physical, chemical or serological test.

Penalties:

Bestiality is punishable under the section 377 IPC
Whoever voluntarily has carnal intercourse against the order of nature with the a man, woman or animal should be punished with transportation for life or with imprisonment of either description for a term which may extend to 10 years, shall also liable to fine.

Examination of dead animals in criminal cases

The objectives of examination of dead animals is to find out the cause of death and manner of action of this cause

The examination is best performed where the body is found, but the body may have to be removed to an open place or to a mortuary
The carcasses presented are frequently decomposed or partly eaten by wild animals
The cause and manner of death in each case are ascertained by applying veterinary knowledge and common sense
The examination should be conducted in broad daylight and the time date and place of each examination should be noted
If the examination is conducted at the site of occurrence, the position attitude and surrounding of the body should be carefully examined for anything significant.
Information available from source regarding the ante-mortem symptoms, duration of illness if any, probable cause of death etc. should be noted
General features of the carcass e.g. warmth, rigormortis, decomposition or any significant external appearances like injuries, cutting and denudation of hair should not be overlooked
A detailed record of lesions whether connected with the cause of death or not should be kept
In cases where specialized scientific help like chemicolegal examination is required, the material should be send to expert person.

Mischievous killing of animals

Methods of mischievous killing of animals are-a) Poisoning b) Slaughtering c) Violence d) Starvation e) Strangulation and f) Drowning

Poisoning

Dips or spray (ectoparcitida)
Herbicides
Insecticides
Insect bait
Wood preservatives

Application of poisons:

Common form of poisoning by charmer to cattle for the skin
Arsenic oxide/Sodium arsenate is usually powdered with oil. A quantity of this often wrapped in a banana leaves or enclosed in a bundle of grasses or ball of flour feeding to the victim

Abrus precatorius poisoning:

Charmer or leather worker use these seeds for poisoning. Abrin is the active principle of Abrus precatorius and is a toxalbumin similar in action to ricin.

Preparation of spike for Abrin poisoning:

The decorticated seeds are soaked in water and ground into mass, which make into small pointed object and dried in the sun
These needles are fixed into a bamboo rod
A forcible blow is then stuck with the handle, driving the protruding spike into the animal flesh where they are left for 18-24 hours
The needles are inserted at selected areas like throat or hind quarter, so that symptoms resemble to hemorrhagic septicemia or black quarter.

Snake venom:

At first Cobra is irritated to bite a banana, which is crushed and placed on a rag
Charged rag inserted into the rectum of a victim by means of split of a bamboo, which tears the rectal mucosa, so enabled the venom to be absorbed.

Mechanism of snake venom poisoning

Elanpine (Cobra): Neurotoxin paralysis of respiratory center

Viperine: Hemotoxin Damage vascular endothelium

Datura:

Seeds and leaves of datura used for poisoning through orally
Alkaloides: Atropine, Hyoscyamide, and Hyosine

Oleander:

Glycosides: Oleandroside, neriside-cattle and horse die after eating 28.36 gram of green leaves

Test of poison:

Arsenic: Reinch test

Abrus precatorious poisoning: Agglutinating red blood cell.

Datura poisoning: A drop of patient urine instilled into eye of young cat, dog or rabbit. Then, animal should be kept in a dark room for half an hour. Examine the eye in the bright light to see the dilated pupil in poisoning cases.

Post mortem examination of poisoning cases:

The carcass should be particularly examined for the state of pupil and the marks of corrosion in the mouth, throat, stomach and intestine
Collect stomach, rumen contents, liver and urine for chemical examination
Do n’t neglect to check the other parts of the body

Arsenic poisoning:

Intense rose-red inflammation and edema of the gastro intestinal tract
Rupture of the blood vessel and necrosis of the intestine
Submucosal hemorrhage in the stomach, duodenum and cecum
Inflammation of the abdomen is pronounced

Rati (Abrin) poisoning

Needle detected under the skin
Intense inflammatory edema at the site of implantation (quarter, throat region)
Enlarged, edematous, hemorrhagic lymph node

Snake venom poisoning

Rag may be found in the rectum of dead animals
Extravasations of blood in the tissues

Datura poisoning

Lesions are not characteristics

Oleander poisoning

Gastro-enteritis
Petichial hemorrhage on various organ

Drowning:

Drowning is a form of asphyxia in which the entry of atmospheric air into the lungs is prevented due to aspiration of fluid into air passages, caused by submersion of the mouth and nostril under water or any other liquid
Drowning is rarely employed as a means of the mischievous killing of animals, but when dead bodies are recovered from water, the veterinarian may be asked to decide whether the cause of death was drowning or some other factors which are responsible for death
Veterinarian can decide by the examination of carcass whether the animals was alive at the time of drowning or whether the dead animals was thrown into the water

Diagnosis of drowning in sensible animals

While froth at the mouth and nostrils and corrugated skin
Early rigormortis and white froth in the respiratory tract
Edematous, distended balloon shaped lungs
Presence of mud, sand or floating matters mixed with water in the respiratory tract and stomach

Unconscious animals: Hardly swallow water

Dead body thrown in water:

All these feature of sensible animals are absent
Then examine the dead animals for other causes like violence, poisoning, diseases etc.

Penalties: Mischievous killing or poisoning of the large animals or other animals costing 50/- or more is a cognizable offense and punishable.

Accidental deaths of animals: It may occur due to lightning stroke and electrocution are sometimes suspected to be malicious or criminal

Lightning stroke:

Animals in open field

Lightning stroke is seasonal
Flashes of linear lightning during thunderstorms may prove fatal to animals

Animals under the tree

Trees which are tall, spreading and well developed, just beneath the ground surface tend to be struck more often by lightning
Damp ground act as a conductor for electricity passing
Animal electrocuted by standing on electrified earth

Animals in other place : Fences, house, pools of water prone to lightning stroke

Causes of electrocution of animals:

Faulty electric circuit in cowsheds and barns causing electrocution of animals when standing in water or damp ground.
Transmission wires may break and fall down on animals: Direct on animal causes killing animals instantly, chew the electric cord, electrify pool of water

How do lightning stroke or electrocution cause death of animals?

Severe nervous shock
Paralysis of respiratory centre
Ventricular fibrillation of heart

Diagnosis:

Lightning stroke:

History of thunderstorm in the locality
Evidence of the effect of lightning-damage house or trees
If veterinarian investigating insurance claims, in that case both the owner and the insurance representative should be present at the time of necropsy
Necropsy findings revealed externally singeing or burning marks
Half chewed food in the mouth
Brain may be congested or disorganized

Electrocution :

Burnt marks at the point of contact with the wire
Rigormortis develops quickly
Bloody discharge from all natural orifice
Distended rumen and swollen carcass
Congested upper respiratory tract
Longitudinal fracture of long bone
Burning marks on the feet or muzzle

Post mortem examination of vetero-legal case:

Objectives:

To ascertain the time since death and
To determine the cause of death

Rules of post-mortem examination:

A vetero-legal postmortem examination should be done by written order from the police or the district magistrate
Before examination carefully read the police report
The examination should be done in daylight
The postmortem examination should be through and complete
All the details observed by the veterinary officer should be carefully noted in the postmortem report in the spot of post-mortem examination
The notes and the report should be sent to the court
A veterinarian should have a fair knowledge of the normal pathological appearance of the viscera
Time and date of arrival of carcass should be noted
There should be no unnecessary delay in holding post-mortem examination
No unauthorized person should be allowed to be present at the time of examination

Instruments required for post mortem examination: Two knives, enterotome, scissors, thumb forceps, bone cutting saw, costotome, chisels, rubbergloves, bucket, glass bottle, measuring tape and probe

Procedure of post-mortem examination:

External examination:

Note the general condition of the carcass
Note the species, age, breed and sex of the animal
Examine the body surface for injuries, burning marks, swelling etc.
Looking any discharge from natural orifice
Examine visible mucous membrane
Examine the external genitalia
All the bones should be thoroughly check up to see the fracture or joint dislocation

Internal examination:

The bovine carcass should be placed on the left side down in order to keep the rumen out of the way
The right fore and hind limbs are served by cutting all muscles and attachments. It is better to disarticulate the right limb
The abdominal wall is removed by making incision along its periphery
The rumen, reticulum, omasum and abomasums are opened in situ. Then, remove the contents and examine properly.
The thoracic cavity is exposed: The lungs and heart are removed with trachea and esophagus
Examine the genital organs, rectum and urinary bladder

Common frauds in the sale of livestock and livestock products

The veterinarian is sometimes asked to examine living animals alleged to have been fraudulently sold or transferred. The frauds are usually three types-

Alteration of description of an animal which has been stolen or which is known to be defective
Attempts to make an aged animal appear younger
Attempts to mask a disease or deformity in animals for sale

Alteration of description of an animal which has been stolen or which is known to be defective

It is usually done in the following ways-

Castration
Close clipping of mane and tail
Docking the tails of horses and dogs
Punching holes in the ears of cattle and buffaloes, cutting away the ear of dogs
Picking the tuft of white hair from the tail of cattle and buffalo
Distorting brand marks
Coloring the white patches on the side and face of a horse with a hair dye or henna : In this case suspected part should be carefully rubbed with cotton wetted with saline or dilute ammonia

Attempts to make an aged animal appear younger

Making a small hole on the table surface of teeth with a hot pointed iron and filling the hole with black substance. The regular appearance of these marks and the fact that they are similar in all teeth usually betray their artificial nature
Aged horses are sometimes made to appear younger by blowing air under the skin of their supra-orbital fossae

Attempts to mask a disease or deformity in animals for sale

Chronic ulcer or fistulae are often covered with clay or mud colored to match the animal coat
Lameness of one limb sometimes masked by artificially inducing lameness in the opposite limb

Penalties:

Frauds in the sale of livestock are punishable under the section 420 IPC.

Frauds in the sale of livestock products

It is rare for the veterinarian to be called upon to examine livestock products for fraud as the food safety laws are not strictly enforced.

Reduction of fat of milk
By adding water: Adding water dilutes milk. It is sometimes dangerous due to introducing germs from polluted water. Normal or pure milk does not contain nitrate but ordinary water does. So, the percentage of nitrate in the milk is a sure test of adulteration of milk by adding water. Detection of specific gravity can also measure the adulteration of milk by adding water. Normally specific gravity of water is 1.000, but 1.028-1.032 is in milk.
By skimming milk: The fat of the milk is removed by adulteration. This can be detected by its high specific gravity, low percentage of fat and high percentage of solid non fat. The milk becomes less viscous.
Frauds in the sale of meat (Falsification of meat): Horse flesh is falsified for beef, goat’s meat for mutton and flesh of cat for rabbit etc.

There are three main methods for the detection of falsified meat-

Physical examination of meat b) Chemical examination and c) Serological examination
Physical examination of meat

Characteristics of mutton:

Rich fat deposition between group of muscles
Fat is white in color, farm and hard
Meat is dark red color and ammoniacal odor
Bone marrow is slightly red
Fat not mixed with muscles

Goat meat

Paler than mutton
Muscles contain very little fat
Odor of meat resemble the odor of buck

Pork meat

Whitish-grey but it becomes grey-red in aged animals
Fat is white and granulated
Bone marrow is pink red in color
Fat intermixed with muscles

Dog meat

Fat is slightly intermixed with muscles
Dark red in color but fat is white in color

Beef

Fat intermixed with muscles
Saturated red in color with a brown tinge
After chilling fat acquires a firm consistency

Horse meat

Meat is dark red
Air exposed meat becomes blackish in color
Fat is golden to dark yellow in color
Bone marrow is greasy

Poultry meat

Muscles fiber are firm and fine
Fat intermixed with muscles

Chemical examination of meat
Glycogen test: Glycogen more in horse meat and pig liver as compared with other meat
Test for fat of the animals : Horse fat contain Linoleic acid 1-2%, the percentage of this acid is not more than 0.1%

Determination of Iodine value: Iodine absorbed by unsaturated fatty acid present in the fat. Refractive index of horse fat is 35.5, ox fat 40, and in pig fat above 51.9.

Serological examination
Precipitation test
Agar gel diffusion test

Penalties: Frauds in the sale of livestock products are punishable under the section 415 IPC.

Vetero-legal wounds (Medico-legal wounds)

Wound: A wound may be defined as damage to living tissue. Breach of continuity of the skin or mucous membrane.

Classification of wound:

Wound by hard blunt object or fall on the ground

Abrasion or scratches b) Bruise or contusions c) Lacerated and d) Fracture and dislocations

Wound by sharp object

Incised wound b) Punctured ( penetrating and perforating wound)
Gunshot wound by firearms
Wound from heat/lighting/corrosive chemical/ boiling liquid/steam: Burn, Scald
Wound by various types of bomb splinter

Bruise or contusion wound

The pattern and size give an idea of the extent and degree of violence
The weapon used can be roughly estimated e.g. whips, chains, ligature, vehicles etc.

Lacerated wound

Barbed wires
Attack from other animals (claw, teeth, horn)

Vetero-legal importance

Edges, width, length (greater than width and depth)
Types of laceration may indicate the cause of injury
Foreign bodies found in the wound may indicate the circumstances in which crime has been committed

Incised wound

Length is greater than width and depth
The shape may indicate the nature of the weapon
The age of the injury can be determined
Position and character of wounds may indicate nature of death like accident or homicide

Age of incised wound

Fresh wound: Hematoma
2 hours: Edges are red, swollen, adherent with blood and lymph
24 hours: Continuous layer of epidermal cells cover the surface, scrab of dried clot is seen
36 hours: Network of capillaries become complete
48 to 72 hours: The wound is filled with fibroblast and capillary buds
3-5 days: Thickening of vessels are seen
1-2 week: Scar formation starts

Punctured or stab wound

Shape of the wound may indicate the type of weapon
Depth of the wound may indicate force of penetration
The age of injury
Position and direction of wound may indicate the mode of production like homicide or accident

Differences among the incised lacerated and punctured wound

Trait	Incised wound	Lacerated wound	Punctured wound
Site	Any where	Usually over body prominence	Usually chest and abdomen
Manner of production	Sharp object or weapons	Blunt object or weapons	Pointed sharp or blunt weapons
Shape	Linear or spindle shaped	Varies, irregular	Linear or irregular
Dimension	Usually longer than width and depth	Longer than deep	Depth greater than length and breadth
Margins	Smooth even clear cut	Irregular	Clean cut, parallel, lacerated if weapon is blunt
Abrasion on edges	Absent	Usually present	Absent
Bruising	Absent	Bruising of surrounding and underlying tissues	Rare
Hemorrhage	Profuse and external	Slight, except external scalp	Varies, internal
Hair bulb	Clearly cut	Crushed or torn	usually clean cut
Bones	may be cut	may be fractured	may be punctured
Foreign bodies	Absent	Usually present	Present or Absent

Gunshot wound (Firearm wound)

The entrance of the gunshot wound is smaller than exit.

Professional infamous conduct

Adultery (extra marital sex scandal), alcohol drinking and addicted to drug
Association with bad people or manufacturer
Conviction (someone guilty due to criminal offense)
Covering-association with unqualified or unregistered person practicing medicine in such a way that members of public are misled
Veterinarian should not employ professional knowledge and skill to cause a deterioration of the quality of veterinary service
Veterinarian should never refuse treatment without good cause
If a veterinarian called upon by an owner to see a sick animal which has recently been in the case of another veterinarian , he should decline to attend
Unless first veterinarian has retired from the case
The owner has informed doctor that his service are no longer required
The veterinarian called in must also inform the veterinarian, he is superseding (taking place of other)
To issue certificates and notifications of professional characters
It is unprofessional for any veterinarian to give testimonial in favor of proprietary or patent articles, medicine or animal foods
Relationship between veterinarian and employment should purely on professional relationship (honor, good faith and mutual trust)

Veterinarian should not employ or use or permit any persons to diagnose the disease medical and surgical treatment of animal

When veterinarian is asked by an insurance company or similar body to examine the cause already in under treatment. He must ascertain the name of veterinarian in attendance and give his adequate notice of the time and date
Veterinarian should communicate to all other veterinarian in that area in case of setting up a new private practice
In private practice a partnership should be clearly expressed in writing
Canvassing is unprofessional for veterinary practice

Professional malpractice/ Professional negligence:

Types of malpractice

Civil malpractices

Failure to prescribe Tetanus Toxoid (TT) to a patient of road injuries, castration or other punctured wound
Breaking of needle during injection
Prescribing overdose of medicine
Giving poisonous drug carelessly

Criminal malpractices

Performing criminal abortion
Issue false health certificate
Leaving instrument or swab in the site of operation
Mitch matched blood transfusion
Use of wrong drug in the eye causing loss of visions

Write down the precautionary measures against malpractice

Never guarantee for cure
Employ ordinary skill and care at all time
Keep full accurate medical records
Do n’t fail to get consent before recto vaginal palpation
Do n’t fail to get written informed consent before operation or giving anesthesia
The diagnosis should be confirmed by laboratory investigation
When diagnosis is obscure, consult a specialist
Immunization should be done to check tetanus
Sensitivity test should be done before injecting any drug
The drug should be identified before being injected or used otherwise
On a criminal wounding operation should not be performed unless necessary
A qualified person should give anesthesia
Proper instruction or post operative care should be properly taken after surgical operation
Do n’t leave a patient with labour
Do n’t fail to get written consent of the owner if an operation is made

Insurance

Insurance of animals has not become popular in Bangladesh probably because most of them are of low value
Some valuable animals like racehorses and pedigree dogs are insured against death or accident
Certain short-term insurance covering the risks involves in some operations like castration
In all such cases the veterinarian is called upon to examine the animal for freedom from special influence tending to shorten life and or judging its market value
Usually insurance company sends a prescribed to be filled in
A detailed description of the animal is to be noted and a detailed post-mortem examination made to ascertain the cause of death
Even though this information is not always required, it will be useful if any dispute arises later
It seems unfair for a veterinarian to be asked a judge the market value of an animal. He should try to avoid giving an opinion on this point but in case of extreme necessity he should give a non-committed reply
The insurance company like others clients must pay the fees

Wound certificate

No. Date:

This is to certify that at the request of Mr. X, Village: Y, District: Z. I have this day examined a Cow/Bull/…..having the following identification marks, age 6/7….years, breed local/ cross and color white/ black belonging to Mr. X

The said animal has got the following injuries on its body

I am of opinion that……

Place… Signature

Qualification and Designation

Veterinary Medical Ethics

The code which controls the veterinary professional behavior through self-regulation called ‘Veterianry medical ethics’. The code of ethics is the foundation of veterinarian’s individual and collective efforts. Every veterinarian should follow the following principles of veterinary ethics.

General deportment: Personal behavior of a gentleman is expected of all members of the profession
Personal deportment and obligation of a veterinarian:

Veterinarian conduct should be governed by a stricter code than that applies to the ordinary citizen.
No member shall use a professional degree/ diploma to which he is not entitled or any degree/diploma or title granted by an institution declared unworthy by contemporary institution of its class
All members should be obliged to make careful use of this knowledge and skill and should as a representative of the profession never refuse advice or treatment without good cause.

Consultations:

When a fellow practitioner or laboratory worker or officially employed veterinarian is called into consultation by the attending veterinarian, in that case discussion with the client should be handled in such a manner as to avoid criticism of the attending veterinarian.

Suppression: If an owner of a sick animal which has been recently treated by one veterinary surgeon, calls upon another for treatment, the latter should decline to attend unless he considered as a consultant or the owner of the animal inform that his services are no longer required.
Canvassing: It is unprofessional to canvass or tour by him or by others.
Advertising: Registered veterinary surgeon or veterinary practitioner should not attend to secure clients or gain reputation by any kind of advertisement in the press but this not prevent him from publishing articles in professional journal, the popular press, broadcasting and appearing on a television.
Objectionable advertising consist of:
Advertising personal superiority over one’s colleagues
Advertising fixed fees for given services
Advertising case report, allegedly unintentional
To publish the name of a veterinarian in directories as a specialist in the treatment of any disease or in the performance of any service within this scope of practice
Advertising in local newspapers:

This should be limited to name, title, address, office hours and telephone number

Advertising by mail: The distribution of cards or circulates by mail or other wise reminding clients that the time is at hand for rendering certain services (vaccination, worm-parasite, treatment etc.) is a questionable practice should be forwarded upon objectionable advertising.
Advertising by personal cards and letter-heads:
The letter-head of a professional man should be modest announcing only name, title, address, telephone number and office hours.
Advertising
By display of signboards: Veterinary surgeons have a duty to see that their premises can be found without under difficulty by the public seeking their services. For this reason professional premises could be identified by displaying signboard ‘Veterinary Hospital/ Dispensary’ or ‘Veterinary Clinic’ or ‘Veterinary Surgery’. The size and design of the signboard should be as is consistent with the professional approach to the provision of information for the public and should not use for commercial intension to attract public. The signboard not announces special services like bathing, plucking, clipping, X-ray etc.
By display of name plates: The display of the name plates contain following information-

The name of the Veterinary Surgeon or Veterinary practitioner of the names in a partnership.
Letter indicating the qualification as entered against the name each Veterinarian in the register veterinary practitioners of India.
The name plate must not exceed 18X18^’’ and should be designed in a dignified and professional style.

Professional stationary: Professional note papers, accounts heads, visiting cards and all other professional stationary should not be printed in large letters.
Change of address: This may be announced by a brief note in the local press. Any change in the address must be notified to the Registrar of the Indian Veterinary Council.
Emergency service:
When called in an emergency as a substitute of a fellow practitioner in his/her absence it is noble duty of a Veterinary practitioner to provide treatment to the patient until his return.
In case of emergency treatment it is unethical to institute radical changes in the treatment of previously prescribed medicine in such a way as to attract unusual attention.
Testimonials: It is unprofessional for any Veterinary surgeon or Veterinary practitioner to give any testimonial intended for sales promotion in favor of proprietary, patent articles, medicines or animal foods.
Guarantee cures: It is unethical to guarantee for cure of the illness.
Frauds:
Issuing of false health certificate
When employed by the buyer to inspect an animal for soundness it is unethical to accept a fee from the seller.
Illegal practice:
It is unprofessional to aid in illegal practice of others.
It is duty of the members of the profession to report illegal practices to the proper authorities and to the Indian Veterinary Council or to the council of the Indian Veterinary Association.
Obligations and loyalty of the Veterinarian: The Veterinarian should first of all be a citizen and leader in movement to advance the community welfare. He should commit no act that would reflect unfavorably upon the worthiness of the profession.
Full-time Government or other appointment: A veterinary surgeon in Government employment or in a similar position has certain advantages over a Veterinarian in private practice in same area. It would be unprofessional for the former to exploit this advantage.
Fees: In case of Veterinary Surgeons in Government employment they are to be guided by the Government rules and instruction issued by the head of the department/ Government from time to time. However, when a consultant’s fee is paid it should be paid in full to the consultant.
Disputes: It is very undesirable that there should be any disputes among the veterinarians, wherever possible they should settle disputes within the profession and if necessary seek the advice of the Veterinary Council.
The use of qualifications: A Veterinary practitioner should not use in connection with professional affairs, any title, which is not in the register of registered Veterinary Practitioner. The list of registered Veterinary Practitioner together with their address and recognized Veterinary qualification published in the official gazette
The Veterinary surgeon and the law: A Veterinary practitioner is in duty bound in certain cases when requested to do so, to issue certificate. It is unprofessional for any veterinarian to sign any certificate which is untrue, misleading or improper.
Professional secrecy: Any information gained by a veterinarian concerning a patient under his care is to be treated as confidential and disclose to the owner alone with the owner’s consent to others.
Evidence: When a Veterinary surgeon by reason of his professional status is called upon to give evidence to a court of law, the evidence must be given with the purpose of law.
Every Registered Veterinary Practitioner.

Shall follow these code of ethics
Shall morally be bound to discharge duties with honesty, sincerity and diligently.

Ground of penalty: Where a Registered Veterinary Practitioners is the opinion of the council. Any misconduct, inefficiency, corruption should be considered as corruption.
Penalties: There should be two penalties
Minor penalties: Censure and withholding of the Veterinary practice for a specified period
Major penalties: Cancellation of registration.
Inquiry procedure: All enquires should be made for imposing above penalties under section —–
Amendment, addition and alterations: Any amendment, addition and alterations should be followed by the order of the Indian Veterinary Council.

VETERINARY FORENSICS IN INDIA

WHAT IS FORENSICS?

The term „Forensic‟ is derived from the Latin word forensic, meaning „of the forum‟. Forensic science is a multidisciplinary subject that is drawn principally from Chemistry, Physics, Biology, Geology, Psychology, and even social sciences. Forensic Medicine is defined as the application of medical knowledge to the investigation of crime, particularly in establishing the causes of injury or death. Both are used for the scientific assessment of DNA, blood samples, bones, and so on. Forensic plays an important role in criminal investigations and it is equally used in Archeology, Anthropology, Astronomy, Biology, Geology and Victimology (Anonymous, 2017). Anatomical sciences are important in medical and forensic education and investigations. Forensic anatomy, a newly emerging field, therefore, there is a need for collaboration among Anatomists who are interested in forensic education and investigations with other Forensic Scientists. It has two major parts: Macroscopic and Microscopic Anatomy. From a molecular point of view, atoms interact to form molecules and the integration of molecules gives rise to organelles seen in the cell. The DNA, a chain of nucleotides and a part of the genetic make-up of an individual can be accessed from any part of the body structure like the hair, blood, bone, etc. This collaboration will create an opportunity for the exchange of ideas required for proper investigations in Forensic as well as an employment opportunity.

History Role of anatomy in forensic medicine revolves around the identification of sex, species and age in vetero-legal cases, insurance, and soundness certificates etc. The forensic science was recognized early in the 19th century. One of the significant developments in forensic science were the identification of finger prints. The fingerprint evidence was accepted for first time in English court in 1902. In the year 1980, the concept of DNA fingerprinting for species identification came into existence; however, in veterinary science first laboratory in biotechnology was established in1990 at IVRI, Izatnagar.

Forensics is the scientific presentation of evidence to:

Establish that a crime occurred
Determine a crime’s timeline
Assess elements of a crime
Provide perspective regarding the nature of a crime
Confirm or contradict events related or circumstantial to a crime.

As a science, forensics does not determine guilt or innocence, right or wrong. Instead, evidence is used to provide an explanation and account for the events that occurred in relation to a crime.

JACK OF ALL TRADES WE ARE NOT

Veterinary investigators often gather evidence for analysis and classification by other types of forensic experts (eg, blood splatter, trace, ballistics, DNA). It would be difficult to present oneself as an expert in all, or even one, of the sub-specialties of scientific forensic evaluation in a court of law.

Our goalis to collect important evidence relating to the crime scene and animal victim; then pass this information to other forensic scientists for evaluation and presentation in court.
Our strengthis evaluation of biological and physical evidence at the crime scene as it relates to cause of death or abuse in crimes against animals.
We are able to use our education and experience to:
- Gain an overall perspective of all evidence collected
- Establish the nature of the crime, cause, manner, and method of abuse or death.

FORENSICS AND VETERINARY MEDICINE

Most of the country in the world have criminal laws against animal cruelty, with penalties ranging from minimal fines to incarceration. Investigation of animal crimes must meet the same rigorous standards as other criminal infractions: individuals charged with crimes against animals are entitled to face their accusers, the evidence collected, and the elements of the crime of which they are being accused.

Therefore, law enforcement and prosecutors will often ask veterinarians to assist in criminal investigations involving animals. This assistance includes:

Providing expertise in clinical medicine, pathology, and surgery
Ensuring collection of all possible biological and physical evidence
Evaluating the significance of evidence to assist in successful prosecution.

LEGAL CONSIDERATIONS

When working within the criminal justice system, veterinarians have the same accountability that applies to forensic investigators, criminalists, and law enforcement officers regarding search and seizure and evidence collection.¹

Search Warrants

The primary legal consideration during crime scene investigation is the 4th Amendment: The right against unreasonable search and seizure.

In some cases a search warrant may be required. This court-issued document stipulates:

The type of search
Where one may search
What type of evidence may be collected.

Failure to obtain a search warrant, when required, may result in inadmissibility of evidence, hindrance of prosecution, and may even lead to dismissal of charges.

Evidence Handling

Failure to collect, package, document, and store evidence in a proper forensic manner may create reasonable doubt during criminal proceedings and result in an acquittal.⁴ In general, when called to a crime scene, a veterinarian will have support and guidance from federal, state, municipal, or humane police regarding evidence seizure and collection. If in doubt at a crime scene, ask for guidance from a senior law enforcement official, criminalist, or prosecutor.

Example of forensic packaging materials with chain of custody forms printed on the bags. The red evidence tape is specially prepared — once the tape is applied to seal a package, it cannot be removed without tearing. This security measure ensures evidence integrity; if the package or tape is compromised, the evidence will not be accepted by a forensic laboratory.

WHAT IS EVIDENCE?

Evidence is defined as something that furnishes proof or something legally submitted to a tribunal to ascertain the truth of a matter.Much of the value of forensic evidence is based on Locard’s Exchange Principle, which states any physical contact between two objects will leave trace elements of the contact on adjacent surfaces.

In a forensic criminal or civil investigation, evidence is any item that may, by scientific analysis or its presence at the crime scene, provide:

Verification a crime has been committed
Illumination regarding the elements of a crime
Confirmation of the nature, time sequence, and events of a crime
Identification of individuals present at the scene.

Additionally, evidence may tie an individual physically to a victim, crime scene, or other elements of the crime and establish contacts between items or persons that otherwise have been unexpected.

Evidence exists in two forms:

Testimonial evidenceis the account of the sequence and nature of events by first-hand observers.
Physical evidenceis classified into class evidence and individual evidence, which have very different weights in a court of law. Additional categories of physical evidence include latent and trace evidence, which usually require special techniques for recovery, identification, and collection.

Class evidencerelates evidence to a general category or class of items (eg, torn fibers related to a specific brand or manufacturer of clothing).
Individual evidencerelates evidence to a specific individual, either pet or person (eg, skin, hair, drop of blood).
Latent evidenceis usually not easily detected by visual observation. It may need to be developed by advanced chemical or physical techniques (eg, luminal for blood or cyanoacrylate fuming for ridge marks, such as nose prints or fingerprints).
Trace evidenceis often obtained by careful examination and includes fiber, glass, hair, paper, ash, plant material, or entomological materials.

APPROACH TO THE CRIME SCENE

There are several methods of investigating a crime scene; however, any thorough, systematic, coordinated review of the crime scene is acceptable as long as no evidence is overlooked or remains undocumented.

The initial scene should be approached with a thorough understanding of the:

Suspected crime
Number and approximate location of victims
Circumstances surrounding the crime
Law enforcement findings
Information from witnesses and first responders.

Another individual (law enforcement official or other colleague) besides the investigating veterinarian should be designated to monitor the search as the scene is investigated, documented, and photographed and evidence collected. This person:

Protects the investigator from any allegations of impropriety during crime scene investigation
Corroborates (and may record) location and condition of evidence during its collection.

Crime Scene Overview

In general, crime scenes should be initially evaluated from a wide-angle view, as an entire scene (often defined by crime scene tape or cones).

Photography/videography should begin on arrival and encompass all pertinent angles of the scene.
Be aware of lines of ingress(entrance) and egress (flight) of all potential victims or perpetrators; these areas should be evaluated and photographed from the wide-angle perspective, especially if the scene is an outside venue.
Protection and documentation of fragile or perishable evidence should be the first priority.

CRITICAL POINT

Before entering the crime scene proper, avoid investigator cross contamination by putting new disposable booties and gloves on over shoes and hands. In areas with potential for biohazards (ie, chemicals, toxins, human blood-borne or animal diseases), such as hoarding scenes, use of a coverall suit, boots, gloves, and even an approved biohazard respirator is recommended.

Inside the Scene

Once inside the scene:

Look again for lines of ingress or egress, including doors, windows, and other visible portals.
It is important to note and photograph if any of these routes are open/closed, locked/unlocked, forced/broken, or tampered with in any way.
Examination should extend to the floor, ceiling, furniture, and walls for signs of violent damage, weapon marks (including projectiles), ridge impressions (nose prints, paw prints, or fingerprints), blood drops or splatter, and any other signs of evidentiary importance.

Multiple Scenes

Occasionally there may be primary, secondary, and even tertiary crime scenes. Based on forensic investigation, evidence may surface that suggests that crime scenes existed either prior or subsequent to the one being examined.

Consider the following example: An animal is shot at one location (primary scene). The injured animal is then transported via automobile (secondary scene) to a remote location where it is dumped and left for discovery (tertiary scene).

It is the investigator’s responsibility to determine if additional crime scenes may exist beyond the one initially investigated.

COLLECTION OF EVIDENCE

The veterinarian’s investigation process includes:

Photographs
Videography
Crime scene notes
Sketches

Example of an appropriate crime scene photograph; note that the details (markings) on the firearm are easily distinguished. Use of the correct angle and lighting has ensured that shadows and glare are kept to a minimum.

Initial Documentation

Initial documentation should include:
- Date and time of the call out
- Name and affiliation of officer or other individual requesting assistance.
The most expedient way to find out who has access to the scene is to obtain business cards from those present.
A copy of the crime scene registry, including the names, addresses, and contact information of witnesses, victims, and first responders, is often available from the investigation officer or agent in charge.
All investigation/crime scene notes should be maintained on a single pad or bound book and include:
- Basic sketches
- Notes about evidence collection
- Notes on photographs
- Any other objective observations.

Evidence Gathering

Animal bodies should initially be examined in place.

Bodies should be photographed from all sides and above before moving them for necropsy examination.
Any insect evidence (see Entomology) should be collected from the body and placed in a sterile vial or envelope.
Once examined and photographed the body should be placed or wrapped in a clean white pillow case or sheet.
Paws should have evidence bags placed over them to retain any evidence attached to, or trapped in, the interdigital areas.

Physical surfaces, such as walls, floors, ceilings, or other indoor areas, related to the crime or criminal activity are photographed and sketched for completeness.

Some surfaces must be dismantled for further evaluation in the laboratory setting.
Trace evidence (see What Is Evidence?) may be retrieved by using plastic thumb forceps, lint roller paper, or specialized evidence vacuums.
Each single piece of particulate matter should be folded in paper (druggists wrap); then placed in a manila envelope, which is sealed to ensure stored location and security.

Blood splatters are photographed in place with orientation and relation to the crime scene and other pertinent evidence clearly noted.

The shape of blood drops impinging a solid surface may demonstrate the directionality of the blood splatter, giving additional insight as to the wounded victim or suspect’s activity during the assault.
All significant biological or other forensic evidence is to be packaged as appropriate in either plastic (if dried) or rolled in paper (if wet), sealed with evidence tape, and submitted for analysis or stored in a secure locked location.

Passive blood splatter: This blood has impinged on this surface by gravity; this often suggests a victim was standing still at the time the drops hit the surface. Note that the drops are circular, with all drop spines radiating in an equally spaced 360° pattern around the drop.

Active blood splatter: This blood was actively projected against this surface, which may have been due to movement of the victim or surface, or represent cast-off blood after a secondary item has been covered in blood; then swung. Note the drops on the left are longer, with prominent spines (suggesting a more acute angle of impingement), while the drops on the right are elliptical, with smaller unidirectional spines. The arrow shows the blood droplet’s direction of travel as it hit the surface. Experts in the analysis of blood splatter analysis may be able to suggest a point of origin for each of the patterns of projected blood.

DNA material is often essential in criminal cases. There are many acceptable methods of collection; however, use of commercially prepared forensic DNA collection equipment is preferred because it eliminates many possible defense objections to cross contamination, improper collection, handling, or storage.

Investigative Sciences

Toxicology is often an important part of the forensic investigation. Involvement of a poison or toxin may be determined through:

Clinical/forensic examination of the animal (further discussion of this topic will be provided in the next article—The Veterinarian as Medical Examiner)
Witness or owner statements about the events surrounding time of sickness or death
Suspicion based on the nature of the evidence found at the crime scene or a second location.

Entomology is becoming an important aspect of forensic investigations.

Often insect larva, pupae, and other intermediate stages (maggots) can help determine time or location of death.
Forensic entomologists analyze the significance of insect evidence with respect to the crime and crime scene.

DNA evaluation—nuclear DNA (nDNA) or mitochondrial DNA (mtDNA)—should ideally be completed in an American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) laboratory approved for animal DNA evaluations. These laboratories have met the stringent legal and forensic criteria set forth as the acceptable standard in a court of law.

CRITICAL POINTS

Crime scene investigation often requires submission of evidence to a forensic laboratory for analysis.

Detailed evidence packaging and submission guidelines are available online or by written request from federal, state, and some municipal law enforcement agencies.
Evidence placed in an appropriate receptacle must be sealed with tamper-resistant evidence tape.
The date and investigator’s initials should be written in a manner that covers both the tape and package continuously; this ensures package security until analysis.

REQUIRED DOCUMENTATION

Chain of Custody is a legal document initiated by the investigator. This document identifies a single piece of evidence as well as:

Case number
Date found and time
Location
Investigator who found it
All individuals who may have handled it
Where/when/how it was packaged, transported, and stored.

Other documents required to be available to prosecution and defense attorneys include but are not limited to:

Initial documentation, including records of personnel in attendance at the crime scene and crime scene notes and sketches
Photographic and videography inventory
Necropsy notes, conclusions, and photographs.

All written records including emails and letters are subject to discovery or examination by the defense; however, telephone communication and face-to-face meetings are not subject to discovery.

CRITICAL POINT

Many municipal, state, and federal crime laboratories will not accept evidence, no matter how expertly collected, if the materials are not packaged appropriately, securely sealed, or lack the appropriate chain of custody documents.

PROSECUTION

Permission to obtain forensic analysis and, therefore, proceed to prosecution is often governed by the financial resources of the law enforcement agency, expectations of a successful prosecution, and availability of judges and prosecutors knowledgeable in the area of animal crime statutes and laws. Communication among investigators, law enforcement, and prosecutors is essential to ensure a thorough investigation has been completed and evidence documented and packaged appropriately; thus, allowing the best chance for pursuit of analysis and prosecution.

CRITICAL POINT

No piece of evidence is insignificant and evidence can never be over documented (e.g., photography, videography, notes, sketches).
Once the scene is released to owners or residents, it and any uncollected evidence are considered compromised; therefore, missed evidence cannot be retrieved without risking damage to the prosecution’s case.
The rule of thumb is: It is always better to have the evidence and not need it than to need it and not have it.

IN SUMMARY

In general, the approach to the crime scene should be structured and comprehensive. Most crime scenes will have law enforcement or forensic support available upon arrival of the investigating veterinarian. When entering the crime scene, the veterinarian should:

Acknowledge other police and crime scene professionals
Obtain names, department affiliations, and contact information
Follow the directions of the authorities on scene
Conduct the entire investigation with minimal interference with other forensic personal.

Overall, use of investigation techniques and documentation are very similar to techniques used in the establishment of a diagnosis. Veterinarians, by virtue of our education, experience, and inquisitive scientific acumen, are in a perfect position to be effective forensic scientists.

Role of the Veterinary Pathologist in Veterinary Forensic Investigations

BY-Adam W. Stern ,DVM, CMI-IV, CFC, DACVP

Jason Brooks ,VMD, PhD, DACVP

Manavi Muralidhar ,MS

Veterinary forensic medicine is the application of veterinary medicine to answer questions of interest to a court of law; it includes the examination and assessment of animals that have been or are suspected to have been injured or killed by an external influence. Veterinary forensic pathology is part of veterinary forensic medicine but deals specifically with the forensic postmortem examination of a deceased animal and is often performed by a veterinary pathologist. The veterinary pathologist not only performs the forensic postmortem examination (also known as the forensic autopsy or forensic necropsy) and documents examination findings but also participates in evidence collection and court proceedings, including giving depositions and trial testimony. Postmortem examinations may also be performed by a veterinary practitioner for a number of reasons, including lack of access to a veterinary pathologist and financial constraints.

Generally speaking, the veterinary pathologist will encounter a wide variety of forensic cases including those that involve sharp force trauma, projectile injuries, blunt force trauma, animal sexual abuse, intoxications, fire-related injuries, and neglect. Detailed discussion of these types of cases is beyond the scope of this article but is available in a number of reference textbooks.

When presented with an animal for forensic postmortem examination, the main question usually asked is what is the cause of death or injury. By definition, the cause of death is the injury or disease that produces a physiologic derangement in the body that results in the death of the individual.³ The cause of death can be further broken down into proximate and immediate. The proximate cause of death is the principal event that initiated the chain of events leading to death, and the immediate cause of death is the concluding or final event that actually produces death. For example, for a dog that is shot in the abdomen and survives the gunshot injury only to die days later of septic peritonitis, the proximate cause of death is the abdominal gunshot injury and the immediate cause of death is the septic peritonitis. Were it not for the gunshot injury, the chain of events leading to death would not have transpired.

This article discusses the role of the veterinary pathologist during forensic investigations, including evidence collection and storage, and provides an overview of the forensic postmortem examination.

Evidence and Evidence Management

Evidence can be defined as any information that can contribute to the legal standing of a case and is divided into 2 main types: physical and testimonial. The forensic postmortem examination concerns physical evidence. If collected and preserved correctly, evidence can make a case; conversely, evidence missed and/or mishandled can break a case. Evidence lost can never be recreated because the circumstances under which it is recovered are absolutely unique. Therefore, during a postmortem examination, the veterinary pathologist is charged with the responsibility of taking photographs, writing reports, and keeping evidence logs. To weaken the case against their client, defense counsel will actively look for cause to suppress the evidence or the testimony of an expert. Defense counsel may make motions to suppress the evidence in court, and the judge will rule on the admissibility of the evidence. As a consequence, crime laboratories and medical examiner offices/pathology laboratories use a number of systems to ensure that the evidence can be accounted for at all times and was tested as fairly as possible. Following these systems prevents the evidence from being suppressed on the basis of technicalities.

Labeling

The pathologist will label evidence with the purpose of furnishing basic information on the item of evidence and to uniquely identify evidence with the case information. A typical label will have the following information:

Investigating agency name
Item number
Case number
Date and time of collection
Name of collector
Brief description of item
Location where item was collected
Animal’s name and/or ID

Evidence collected during the postmortem examination is sealed in an evidence bag with special tamper-proof tape marked with the pathologist’s initials and the date of collection (FIGURE 1). Labeling is done half on and half off the edge of the tape, to make it easier to determine if any tampering has occurred.

Figure 1. Correctly sealed and labeled evidence.

Chain of Custody

The record of transmission and receipt of evidence is known as the chain of custody (COC).⁵ The purpose of COC is to document the care, custody, and control of each item of evidence at any point in time. COC documents can be used as evidence in a court proceeding to prove that evidence was handled properly. Although on the one hand adhering to COC principles can be viewed as a tedious process that creates extra work, it also serves to protect the investigating agency from accusation of mishandling/tampering with the evidence. Failure to maintain a link in the COC can result in evidence being thrown out on a technicality. For example, if a projectile recovered from the body of a dog is misplaced and cannot be accounted for at a particular point in time, defense counsel can ask for the evidence to be declared inadmissible because the COC was broken. To avoid such an event from happening, it is important to maintain the COC from the moment the evidence is first collected by an investigator or pathologist until it is decided that the evidence is to be disposed of. Ideally, details surrounding the disposal should also be recorded on the COC form.

Storage

Different types of evidence require different storage conditions. For example, a bloodied item of clothing, collar, or harness is usually packaged in a paper bag to provide air and prevent mold growth, which can render biological evidence useless. Another basis for deciding which storage container should be used is size of the piece of evidence being stored. A tiny fiber found on the body during an examination requires storage vastly different from that of a bloodied collar. The fiber should be placed in a druggist’s fold, which is then placed in an appropriately sized envelope. Because the body being examined is a potential source of trace and DNA evidence, the veterinary pathologist conducting a forensic examination should keep additional evidence collection tools on hand.It is also useful to keep COC forms on hand to fill out for any evidence recovered during the procedure, including formalin-fixed and fresh-frozen tissue samples.

Forensic Postmortem Examination

The key differences between a forensic postmortem examination and a diagnostic postmortem examination are the purpose, documentation, and collection of evidence. Although the forensic postmortem examination differs in these respects, the dissection and examination of the body are nearly identical to those of a routine diagnostic postmortem examination.The forensic postmortem examination should consist of a thorough gross and microscopic examination of all major organ systems of the body. Its purpose depends on the requests of the investigator and is typically to determine the cause of death.

History and Death Scene Investigation

Before conducting the examination, the pathologist should make every effort to review a detailed history of events from the investigating officer.⁸ This history should include at least the animal signalment; location, date, and time at which the body was found; circumstances of the death; scene description; and description of body handling and storage. Depending on the case, the questions or issues of the investigation, and the documentation of the investigating agent, visiting the death scene may provide the pathologist with invaluable information that may not be completely captured by the investigator; however, in lieu of visiting the scene, the pathologist should be provided a copy of the investigator’s report along with a written description and photographs of the scene and body in the position in which it was found.

External Examination

The external examination is often the most critical and time-consuming aspect of the forensic postmortem examination. It begins with documenting the manner and condition in which the animal was received from the submitter, describing any postmortem changes such as lividity (pooling of blood in skin and other soft tissues), rigor, decomposition, and/or insect activity.¹¹The pathologist then photographs all packaging materials and body surfaces, emphasizing unique markings, tattoos, or identification tags.¹² The pathologist documents the animal’s sex and body weight and scans the body for a microchip. The nutritional condition of the animal is described, and if a body condition score is provided, the system it is based on is noted. The condition and cleanliness of the hair coat, nails, ears, and teeth, and the presence or absence of any external parasites are described. Regions of body hair may be clipped or shaved to expose the skin surface over areas of interest.

All body orifices are evaluated for exudate, hemorrhage, or foreign materials. Any external wounds or injuries are thoroughly described and photographed; injury type, location, size, shape, and pattern are noted (FIGURE 2). Similarly, any evidence of medical or surgical intervention is documented. The pathologist palpates and examines all extremities for indication of internal injuries (e.g., crepitus, deformity, hemorrhage). Any abnormalities detected during external examination should be photographed and documented, using measurements from fixed body landmarks to indicate the location on the body.

Figure 2. Gunshot entrance wound on the shoulder of a dog. This wound was not clipped because residue testing was performed on it.

Internal Examination

The internal examination begins by reflecting the skin to reveal the subcutis, preferably over the entire body, but at least over the major body areas including the head, chest, abdomen, and any area with grossly visible external injury. The pathologist opens the body and examines all body cavities and organs. The organs from the cranial, thoracic, abdominal, and pelvic cavities are removed and examined, and the contents of any luminal organs are described. Special attention should be given to areas in which wounds, medical or surgical intervention, or other abnormalities are identified. An assessment should be made of the stores of internal adipose tissue and bone marrow. The pathologist may attempt to correlate internal injuries with external injuries by showing the spatial relationship between affected body areas.

Ancillary Techniques

Because each case is unique, numerous ancillary techniques can be used to further work up a forensic case in conjunction with the forensic postmortem examination. Commonly used ancillary techniques include radiography and other imaging, anthropology, toxicology, and histopathology.

Radiography and Other Imaging

Use of postmortem radiography and other imaging modalities (including computed tomography and magnetic resonance imaging) is extremely helpful during the forensic postmortem examination. It is imperative that postmortem imaging be performed for cases involving potential projectile injuries, blunt force trauma, fire-related deaths, and severely decomposed remains. Postmortem imaging can be used to identify metallic fragments from bullets and to identify pathology related to blunt force trauma.

Anthropology

For cases of traumatic injury, it may be beneficial to consult with an anthropologist to assist with osteologic trauma analysis. In these instances, bones may need to be prepared for analysis by use of various methods of tissue maceration (FIGURE 3) or dermestids (flesh-eating beetles).

Figure 3. Skull from a dog with fracture (arrow) of the left frontal and parietal bones. Hot water was used for maceration.

Toxicology

One of the main tasks of the veterinary pathologist is to exclude or confirm toxic factors as the cause of death. Depending on the case information and the issues and circumstances surrounding the death, during the postmortem examination the pathologist may collect samples that are suitable for toxicologic analysis. In the case of a severely decomposed body, maggots recovered from the remains can be used as a potential specimen for toxicologic testing.

Histopathology

Histopathology is the examination of tissues under the microscope to identify disease. In forensic cases, histopathology can be used to verify, refine, or refute findings observed during the postmortem examination, as well as to identify pathologic findings not observed during the postmortem examination. Use of histopathology is not required for all cases; however, it should be mandatory when a cause of death is not determined during the postmortem examination, except in cases of examination of skeletal remains.

Documenting Forensic Postmortem Examination Findings

In addition to performing the forensic postmortem examination, veterinary pathologists must disseminate their findings in a manner that would be informative to all parties involved in the investigation. The pathologist has a number of ways to record information obtained during the postmortem examination, including written reports, photography, and use of body diagrams.

Report

The written report is the main method for recording postmortem examination findings. The postmortem examination is of little value if the pathologist cannot communicate his/her findings clearly, concisely, and accurately. Any interpretation(s) and opinion(s) rendered in a report must be formulated only after consideration of all available information.

There are 2 main report formats: free-style and printed proforma. The free-style report is written in the form of an essay, whereas a printed proforma has preprinted titles followed by blank spaces for insertion of examination findings. The report should not be limited to the description of “significant” findings because at the time of examination the significance of many lesions may not be known until further investigation by other parties. Regardless of the format of the report, it is imperative that the report is written in a timely manner.

Photography

During a forensic postmortem examination, use of photography is common. Photographs are a permanent record that can visually preserve encountered lesions. A good photograph will clearly demonstrate the lesion(s) of interest while minimizing distortion and misleading information. Photographs that rule out tissue abnormalities, called “negative photographs,” can be as valuable as photographs showing injuries. In veterinary forensics, the veterinary pathologist is trying to rule out injuries just as much as trying to rule them in.

Body Diagrams

Diagrams can be used to supplement the written report. Diagrams can be simple images of a generic animal’s body or can be more detailed (e.g., a diagram of the female reproductive tract). Examples of diagram uses include documentation of scars for cases of dog fighting, bruises, and gunshot injuries (FIGURE 4). Because diagrams are traditionally printed in black, the color of the pen/marker used to write on the diagram should not be black in order to avoid confusion with the original lines of the diagram.

Figure 4. Body diagram noting locations of scars on a dog’s body, including the head, chest, and forelimbs. Illustration: Kip Carter

Estimating Time Since Death

Estimating the time since death, also known as the postmortem interval (PMI), is often valuable; however, the accuracy of estimating the PMI remains rather low. Although many techniques have been proposed, only a few are likely to be of practical use. Technique selection will vary according to the amount of time that has passed since death. In the early postmortem period, before the body has cooled to environmental temperature, PMI estimation will probably be based on gross changes such as muscle rigidity and lividity, core temperature, and insect activity. In the late postmortem period, after the body has cooled, PMI estimation is often based on insect activity and other gross changes such as muscle rigidity and decomposition. Caution should be used when estimating PMI because it is dependent on numerous factors and its accuracy decreases as the actual time since death increases.

Gross Changes

Lividityappears as purple-red discoloration of the skin and other soft tissues in gravity-dependent locations. Lividity may begin within 30 minutes after death and in humans becomes completely developed at approximately 10 to 12 hours after death.
Rigor mortisis skeletal muscle rigidity that slowly develops in the jaw and limbs after death, resulting in immobility of these joints. After death, muscle cells continue to metabolize adenosine triphosphate (ATP), resulting in actin-myosin cross-bridging. However, because actin-myosin decoupling and muscle relaxation can no longer occur after stores of ATP are exhausted, muscle fibers remain in a state of permanent contraction. Full rigor lasts for a short time only and then fades away as the muscle begins to decompose. The onset and progression of rigor are variable and dependent on multiple factors.¹¹ In humans, rigor mortis often begins approximately 2 to 6 hours after death, becomes fully developed by 6 to 12 hours, then begins to resolve by approximately 36 hours.¹⁹ In one study using dogs, diffuse rigor mortis was present at less than 1 day after death, and rigidity of the hind limbs and jaw persisted until 7 days after death.
Green discolorationof the skin may be seen at approximately 24 to 30 hours after death.
Bloatingoften develops at approximately 60 to 72 hours after death in humans and may occur faster or slower in other animal species and under various conditions. During this stage, red-brown liquid, called purge fluid, is produced and often leaks from body openings.
Skeletonizationoccurs several weeks to months after death.

Insect Activity

Insect activity has often extensively destroyed soft tissues by several days or weeks after death. Accurate interpretation of insect evidence relies on insect identification and weather data. Among the first insects to arrive on a dead carcass are blowflies.²² The time between death and arrival of the first blowflies is highly variable but may occur within seconds to minutes or may be delayed indefinitely. This time lag is a critical feature in the interpretation of insect evidence because insect evidence can be used only to calculate an estimated minimum PMI. Identification and evaluation of insects falls beyond the scope of practice of most veterinarians, and the reader is directed to other resources for further information.

Temperature-Based Methods

The use of temperature-dependent methods requires a digital thermometer and a scale or weight tape for measuring body weight. To measure the core temperature of the body is measured by inserting the thermometer probe several centimeters into the rectum. The environmental temperature and body weight should also be measured. The collected data can then be applied to various formulae. These formulae are based on the principle that the body cools at approximately 0.5°C to 1.0°C (32.9°F to 33.8°F) per hour after death. In most cases, these calculations are not able to provide highly precise PMI estimations and should be used with caution.

Conclusions

The role of the veterinary pathologist in veterinary forensic investigations is critically valuable for animal cruelty investigations; open communication between the veterinary pathologist, veterinary practitioner, and investigators is essential. Veterinary pathologists are the subject matter experts with regard to postmortem disease diagnosis, interpretation of injuries, and cause of death determination. They can also perform the essential tasks of collecting evidence, writing postmortem examination reports, and testifying in court. As the recognition and investigation of crimes against animals continue to grow in our society, the demand for qualified veterinary pathologists is also expected to grow and their caseloads are likely to increase. Because a veterinary pathologist is not always available to assist with a forensic investigation, other veterinarians, such as shelter veterinarians, may be able to assist with forensic postmortem examinations. To best prepare for an investigation of a crime against an animal, any veterinary practitioner, legal practitioner, or investigator who anticipates submitting information about veterinary forensic cases is advised to contact a veterinary pathologist and establish a professional relationship.

References-ON REQUEST

NB-THIS ARTICLE HAS BEEN COMPILED & EDITED FROM MANY SOURCES WRITTEN BY MANY ESTEEMED WRITERS OF INTERNATIONAL REPUTE.THE MOTTO OF THIS ARTICLE IS TO PROVIDE A COMPRHENSIVE KNOWLEDGE ABOUT THE VETERINARY FORENSIC & JURISPRUDENCE AMONG THE VETERINARY FRATERNITY FOR THE PROFESSIONAL INTEREST. WE ARE GREATFUL TO THE ORIGINAL AUTHORS FOR THEIR NOBEL WORK.

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