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Forensic Sci Int. 2021 Dec;329:111034. doi: 10.1016/j.forsciint.2021.111034. Epub 2021 Sep 29.

The legal impact of forensic medical life-threatening danger assessment conclusions in cases of violent offense.

Forensic science international

Lykke Schrøder Jakobsen, Christina Jacobsen, Ida Helene Asmussen, Niels Lynnerup, Jytte Banner

Affiliations

  1. University of Copenhagen, Department of Forensic Medicine, Section of Forensic Pathology and Clinical Forensic Medicine, Frederik V's Vej 11, 2100 Copenhagen East, Denmark. Electronic address: [email protected].
  2. University of Copenhagen, Department of Forensic Medicine, Section of Forensic Pathology and Clinical Forensic Medicine, Frederik V's Vej 11, 2100 Copenhagen East, Denmark.
  3. University of Copenhagen, Faculty of Law, Center for Interdisciplinary Studies of Law, Karen Blixen Plads 16, 2300 Copenhagen South, Denmark.

PMID: 34688185 DOI: 10.1016/j.forsciint.2021.111034

Abstract

OBJECTIVE: The aim of this study was to examine the association between the legal outcome for suspected perpetrators and the forensic life-threatening danger assessments conducted as part of the clinical forensic medical examinations of victims with penetrating injuries.

METHOD: From the Danish Central Crime Register, we retrieved the legal outcomes for suspected perpetrators linked to victims with penetrating injuries in a six-year period and compared the proportional distribution of forensic life-threatening danger assessment conclusions - no life-threatening danger (NLD), could have been in life-threatening danger (CLD), and life-threatening danger (LD) - with the legal outcomes.

RESULTS: 326 victims were related to at least one identified suspected perpetrator with a legal outcome. When the forensic life-threatening danger assessments were more severe, an increased proportion of cases resulted in formal charges and, subsequently, conviction, than when the forensic life-threatening danger assessments were less severe. The percentage point differences between NLD, CLD, and LD were almost equal.

CONCLUSION: Our results indicate that the forensic life-threatening danger assessments are associated with the legal outcome, as both the proportion of cases with formal charges and the proportion of cases with a conviction increased with the severity of the forensic life-threatening danger assessment conclusions.

Copyright © 2021 The Authors. Published by Elsevier B.V. All rights reserved.

Keywords: Clinical forensic medicine; Legal outcome; Life-threatening danger assessment; Penetrating injury; Severity

Conflict of interest statement

Declaration of Competing Interest The authors declare that they have no known competing financial interests or personal relationships that could have appeared to influence the work reported in this pa

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