1. Evolution of Forensic Nursing Science

CHAPTER 1. Evolution of Forensic Nursing Science

Virginia A. Lynch




Scientific Foundations of Forensic Nursing


The science of nursing has merged with the forensic sciences and the justice system to provide a distinctive discipline: forensic nursing science. This scientific discipline incorporates numerous applications to the major status of the registered nurse at all levels of practice, ranging from the basic or generalist role to advanced practice in forensic nursing. Advances in forensic and nursing science represent a sufficient need identified worldwide by those who understand that the long-range aims of the nursing field would be limited if this need were ignored. Forensic attorneys, nurse scientists, examiners, educators, investigators, administrators, and consultants in local, state, or federal government and nongovernment institutions and organizations fill this need. The forensic nurse is prepared for individual or group interventions and services that will provide a scientific and humanitarian image to those forgotten amid the chaos of a world in crisis. Thus, women and children, the damaged and disabled who represent the most vulnerable populations, will be offered greater protection to shield them from harm.

Forensic nursing science combines the concepts and principles of the traditional forensic sciences and those of nursing in the clinical investigation of trauma and the recovery of medical evidence; it also provides direct services to victims, suspects, perpetrators, and those who witness violence. The forensic nurse scientist identifies, assesses, intervenes, and evaluates trauma, disease, and death while documenting findings, preserves and secures evidence to determine legal outcomes and improve patient care. As interdisciplinary partners in healthcare and law-related agencies, the specialist in forensic nursing science has become a potent influence in the rule of law and provides a collective intelligence for practice and research.


Violence and Healthcare


Violence and its associated trauma are widely recognized as critical health problems throughout the world. Among the challenges that face healthcare providers is protection of the patient’s legal, civil, and human rights (Lynch, 1995). Violence is no longer considered solely within the purview of law enforcement but rather is viewed as a mutual responsibility of healthcare and the law.


Previously, it was not considered appropriate for nurses to become entangled in a patient’s private life, to suspect forces, motives, and events other than the patient’s own statements as representative of the mechanisms of injury that damaged and threatened their lives. It was left to law enforcement agencies to draw out the truth and bring social justice to bear. However, if nurses do not accept these wider truths as a responsibility, they cannot recognize the associated abuse.


In 1989, U.S. Surgeon General C. Everett Koop challenged healthcare professionals to assume accountability, along with law enforcement, for the problems associated with violence. The surgeon general’s workshop on violence and public health addressed domestic violence, child abuse, elder abuse, rape, homicide, murder, and traumatic accidents as pervasive threats to the fundamental public health principle of population exposure. This perspective emphasized that no segment of society can be considered immune from the effects of violence. He remarked that these problems are so pervasive that they can no longer be viewed as acts of individual offenders, rather collectively, a public epidemic of violence. (Koop, 1989). In past decades, the U.S. Department of Health and Human Services has continued to recognize the inevitable outcomes of violence (injury, disability, and death) as the primary benchmarks of public health status.

With the steady increase in reporting interpersonal violence within our society, nurses are recognizing a greater number of victims of criminal acts. These victims, as well as the perpetrators of crime, are often treated in the hospital for injuries and collection of evidence. As perhaps the first point of contact in the immediate posttrauma period, the nurse is in an ideal position to gather information and physical evidence related to the crime. Forensic nurses must be able to identify injuries from weapons or human abuse and to skillfully interview patients and evaluate the nature and scope of these injuries. Nurses interface with law enforcement and the medical examiner/coroner and provide excellent resources for expert testimony when these cases are tried in a court of law. Forensic nursing demands superb assessment skills, second only to a high degree of suspiciousness.

Every injury, illness, or death can have forensic implications. Therefore, a solid forensic education for nurses provides a vital link in the development of clinical acumen required for responding to these forensic circumstances. Forensic nurses represent one significant component of a multidisciplinary team of forensic investigators addressing social injustice. Forensic nurses do not usurp, replace, or supplant any other discipline; rather, they fill a void with their unique nursing skills.



Overview of Forensic Sciences



The term forensic comes from the Latin adjective forensis meaning of, or before the forum. During the time of the Romans, a criminal charge meant presenting the case before a group of public individuals in the forum in order to achieve social justice. A public debate held in the forum (court) provided for discourse between the prosecution and the defense and represents the forensic process still used today. Any subject of suspicious circumstances reported to a legal agency that requires an investigation of the actual facts and may be resolved in a court of law is considered a forensic case. Although the term forensics has previously referred specifically to the profession or study of public debates or courses in public speaking in the academic setting, this term is now so closely associated with the scientific field that many dictionaries equate the word forensics with forensic science. This new definition evolves from the application of two modern usages of the word forensic—as a form of legal evidence and as a category of public presentation. In modern use, the term forensics in place of forensic science can now be considered correct as an effective synonym for legal or related to courts. Thus, the term forensics represents an often-shortened term, referring to the application of a broad spectrum of sciences used to elucidate questions of interest to the courts in relation to a crime or to a civil action.

The forensic sciences encompass a multitude of disciplines under which the facts regarding an event or artifact are deemed to be accurate in order to dispel doubts, resolve difficult legal judgments, and determine the truth.

Until the 1990s, the American public had little or no knowledge of the disciplines or practices of the forensic sciences. However, actual footage of high-profile cases televised in court as well as popular media programming has brought recognition of forensic science to the national populous and into university curricula with an impact on career paths as never before. The results have raised awareness of the various disciplines and tools of the forensic sciences such as DNA analysis, footwear impressions, fingerprinting, and geometric interpretation of blood spatter patterns, modus operandi, and preservation or elimination of biological evidence.

As scientific and technological developments escalated in the twentieth century, the basis for forensic science and applications to medicine was firmly established. Sophisticated microscopes and other scientific instruments, advanced techniques in print analysis, radiological procedures, and computers were among the advancements that supported the rapid development and refinement of forensic practice. At the same time, groups of scientists and medical professionals were creating associations that eventually became the forums for sharing and disseminating advancements within forensic disciplines.

Now there are multiple organizations of specialists dedicated to the forensic sciences, embracing many disciplines and spanning the globe. Among these are the American Academy of Forensic Sciences (see Box 1-1), International Association of Blood Pattern Analysts, the International Association of Forensic Nurses, the National Association of Medical Examiners, the American Board of Forensic Nursing, the American College of Forensic Examiners, the International Homicide Investigators Association, the American Society for Testing and Materials, the Associations of Police Surgeons, the American Society of Criminology, and the International Association for Human Identification, among others (Lynch & Standing Bear, 2000).

Box 1-1




























Forensic pathology/biology Forensic odontology
Forensic anthropology Forensic documents
Forensic psychiatry/behavioral sciences Engineering sciences
Medical jurisprudence Forensic toxicology
Criminalistics General/multidisciplinary*
Multimedia/Digital
*Includes forensic nursing.

From American Academy of Forensic Sciences. (2009). Membership information brochure. Colorado Springs, CO: Author.

Dr. R. B. H. Gradwald, a founder of the American Academy of Forensic Sciences (AAFS membership brochure, 2002) in 1948, stated, “There is no fixed border for any forensic science, each has more than necessity to rely on the others. It would thus seem fitting that a central organization be of extreme value in collating and disseminating the fundamentals of all forensic sciences.” This includes forensic nursing science. Based on this principle, the nursing profession has embraced multiple facets of the forensic sciences. The International Association of Forensic Nurses (IAFN) has persistently promoted the global exchange of knowledge and education in the science of forensic nursing. The AAFS has worked to engender the confidence and respect of the nation’s courts and to see the ends of justice attained. Together with the AAFS, the IAFN represents and serves the forensic specialty in nursing. Based on this ideology, interdisciplinary solidarity will continue to raise the image and profile of forensic nursing science and elevate standards in the cause of the forensic sciences.

In 1983, the Journal of Forensic Science published the first article addressing the issue of living forensic medicine by William Eckert and several other forensic pathologists (Eckert, 1983). Eckert strongly believed that forensic scientists should expand their roles to “involve the examination of living persons” (pg. 3). With the interest generated by Eckert’s writings and presentations, other healthcare professionals, including emergency nurses and physicians, sought to promote and develop living forensic medicine in the United States.

The official introduction of forensic nursing was delivered in the original scientific paper in 1986 at the American Academy of Forensic Sciences (Lynch, 1986). By 1991, the academy had become the first to formally recognize forensic nursing as an emerging discipline in the forensic sciences. Based on the discipline description defined by Lynch (AAFS, 1991), the academy extended membership to nurses qualified in clinical forensic practice and in the scientific investigation of death. Since that time, forensic nursing has become one of the most rapidly growing specialties in the forensic sciences.


Forensic Science and Public Health


The breadth of public health and forensic science has been inexorably intertwined to address notable public health achievements in the twentieth century. The mission of public health is to fulfill society’s interest in assuring conditions in which people can attain optimum health. Forensic science addresses crime as well as the security of public health. Forensic medicine has long been recognized as a respected component of public health; consequentially, forensic nursing is also an integral component of public health. Forensic nursing science applies scientific knowledge and skills to identify threats to public health and safety and to intervene and prevent morbidity and mortality.

The major mission of public health is to identify and control biological and environmental threats to the health and safety of community populations. The role of public health is well known in relation to combating infectious diseases. Recently, however, there has been an increasing awareness that traumatic injuries from accidents and interpersonal violence produce even larger numbers of disabilities and deaths, and that these unnatural, untimely deaths must be addressed. Population density, poverty, workplace and social stressors, the presence of youth gangs, and the breakdown of the family unit have been contributing factors. Understanding the sociocultural climate and the population demographics of a community can be invaluable in predicting the incidence of communicable diseases or acts of interpersonal violence. The forensic nurse must be a contributing partner in gathering statistical data, which form the basis for predicting health crises and developing both preventive and interventional strategies.


Public health is one sector of government at local, state, and national levels that is charged with the legal requirements associated with health and safety. Its mission is complex and involves the unique contributions of several professional disciplines including medicine, nursing, social services, environmental sciences, health services administration, and behavioral sciences. Each discipline follows legal reporting mandates and enforcement provisions, bringing healthcare into the arena of the law. The assessment and monitoring of crime and violence in various communities and the identification of risks to the health of a population are examples of the legal responsibilities assumed by public health authorities. The forensic nurse is one healthcare resource that is well positioned to identify and report information to public health authorities as well as to social service or law enforcement representatives. Those who function on the front lines in the emergency department, as a sexual assault examiner or death investigator, or who deal with those suffering from abuse and neglect must take ownership of their public health responsibilities as one component of the legal scenarios entrusted to their management.



Forensic Medicine



Forensic pathology


The specialty known as forensic medicine interprets or establishes the facts in equity or criminal law cases and is also referred to as medical jurisprudence. Forensic medicine is primarily practiced within the subspecialties of forensic pathology and clinical forensic medicine. Forensic pathology, the most well known area of forensic medicine in the United States, is solely concerned with the scientific investigation of death. Other subspecialties include forensic odontology (dentistry), forensic psychiatry, medicolegal consultations, clinical forensic medicine, and any other medical practice used to resolve health-related issues and the law.


Any medical treatment case reported to a legal agency—such as the police department, social services, or child or adult protective services—has forensic implications. These cases require an investigation, may result in charges filed against a suspect, and may ultimately be brought to a civil or criminal trial. The patient may be living or dead and may require testimony involving the healthcare professional who provided forensic intervention and recovery of evidence (Lynch, 1990).


Clinical forensic medicine


Until recently, the practices of medicine and nursing in the United States have largely ignored the forensic issues of the living patient. The coroner, medical examiner, or combined coroner/medical examiner systems in the United States, which are responsible for the investigation of unnatural and suspicious deaths, have not traditionally been assigned the responsibility of dealing with the forensic issues of living patients. This raises the question of who is responsible for addressing the needs of those who, by surviving their trauma, miss a date for the ultimate forensic medical procedure: the autopsy (Smock, 2002).

The responsibility lies within the practice of clinical forensic medicine. This practice is defined as the application of forensic medical knowledge and techniques to living patients and has existed in Europe and Great Britain for more than two centuries (McLay, 1990). Professionals in this field go by various titles and were originally referred to as police surgeons. However, contemporary clinical forensic physicians are referred to as forensic medical examiners (FMEs) or forensic medical officers (FMOs) in order to prevent the impression of bias or working directly for the police. Such physicians also practice in Asia, Latin America, Russia, and Australia, as well as Europe and Great Britain, among others.

The earliest reference in the American medical literature that directly addresses the practice of forensic medicine on living patients is one made by Root and Scott in 1973: frequently, a forensic issue in medicine “is either unrecognized as such, or is consciously or subconsciously evaded” (pg. 68) by practicing clinical physicians (Root & Scott, 1973). Trained as forensic pathologists, these physicians felt that if vital forensic questions were not answered in the living patient, justice would suffer, criminals would go free, and innocent persons could be convicted of crimes they did not commit.

A decade passed until, in 1983, the late William Eckert published “Forensic Sciences: The Clinical or Living Aspects” (Eckert, 1983). Eckert became the driving force behind bringing clinical forensic medicine to the forefront of contemporary American medical practice. This concept, applying forensic techniques to living patients in the U.S., was the basis for a 1986 article by Goldsmith in the Journal of the American Medical Association (JAMA), “U.S. Forensic Pathologist on a New Case: Examination of Living Patients” (Goldsmith, 1986).

Cyril Wecht, medical doctor, juris doctor, and former president of the American College of Legal Medicine, in Goldsmith’s 1986 JAMA article, stated:



It’s a great shame and a source of much puzzlement why a group similar to police surgeons hasn’t developed here. Even within our adversarial judicial system and with our guaranteed civil rights—which are much greater than in many of the countries where forensic clinicians are commonly found—I believe that persons with both medical and forensic training could remove much of the guesswork, speculation, and hypotheses from the disposition of accident or assault cases involving living persons.

Wecht also supported development of forensic training courses for medical students and residents and eventually came to lend his support and recognition to the developing specialty of forensic nursing.

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Nov 8, 2016 | Posted by in NURSING | Comments Off on 1. Evolution of Forensic Nursing Science

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