Page 134 - CFDI Guide

determinations – these are typically beyond the scope of the CFDI and may be best directed to a

medicolegal investigator or forensic pathologist. Similarly, the lethality of an injury may be obvious or not
– and may be incorrectly opined based upon bad information or even the ‘CSI Effect’ – fictional education

(learning from a fictional source). Lethality issues include everything from asphyxiation (time to
unconsciousness and time to death) to exsanguinations (bleeding to death) – internally and externally.

Additional wound significance considerations are determined, and verified, through investigation. This

may include the instrument causing injury and death, mechanism of death, and the intent. As an example,
in a homicide involving the use of a Japanese katana sword (commonly ‘samurai’ sword) there were two

injuries. One injury was an approximate 1.5” penetrating stab wound to the abdomen. This wound was not
intended to be a fatal wound and was not, but it was the first wound. That was easily determined due to

the nature of the fatal wound – a left to right (victim) from ear to almost the clavicle, nearly decapitating
the victim (about three inches of neck skin and muscle remained intact). The wound was so clean and

sharp that the severity was not initially noted by law enforcement and only upon assessment of the
responding deputy coroner. The importance of the first wound became apparent when the arrested

boyfriend claimed that he was defending himself and initially poked the victim, his live-in girlfriend, with
the tip of the sword to warn her off; he reported her carrying a kitchen cleaver. Law enforcement was not

familiar with Japanese swordsmanship, however this author – the forensic autopsy assistant was – he
advised that the wound pattern followed a traditional offensive attack. It was learned that the suspect was

an expert in Kendo (the Japanese swordsmanship martial art) and he accepted a plea agreement for first

degree homicide with a life sentence over the death penalty. In the course of a criminal investigation,
including the initial defense and possible death sentence mitigation, it would be important to understand
this lethality and practice, as well as the instruments used in the offensive and defensive modes of the

incident.

As demonstrated in the above scenario, intent is also an important consideration in assessing injury

causation. Unintended consequences are often the underlying contributing factors to serious bodily
injuries and fatal injuries. These could be referred to as ‘accidents’, but not necessarily. As an example,

change the above scenario to a person that simply possessed the katana, both persons were alcohol
intoxicated and in a heated argument. Each takes hold of a potentially fatal weapon and, in his defense,

the boyfriend holds the katana up chest high and warns the girlfriend to stay back – she lunges and is
stabbed in the heart, but only a few inches; she dies within seconds. Or, perhaps the boyfriend acts in

anger and lunges at the girlfriend and stabs her as described, immediately causing death. Further
investigation is necessary to determine the intent of both actors – it is already apparent that the weapons

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