130. An analysis of all available evidence leads to a
final conclusion. In general terms, this could be:
(a) Identification where there is consistency
between ante-mortem and post-mortem data
and there are no discrepancies that cannot be
explained
(b) Rejection of a possible identity when
evidence supports the exclusion of a particular
hypothesis about the identity of the human
remains, or
(c) No conclusion about the identification of
the human remains.
The relevant findings should be stated in the final
report on identity.
There may be cases when, despite all possible
scientific efforts to achieve identification, available
information indicates only a probable/possible
identity.
Whether the death is that of an individual or of
multiple individuals in one event, families should
be involved in and fully informed about the
identification process. In many cases, this is not
only necessary to achieve an identification, it also
improves the likelihood that the family will accept
the identification, which is an important part of
accountability for potentially unlawful death(s),
as set out above. Careful attention to clear
communication will also improve the chances of a
successful outcome.
F. Types of Evidence and Sampling
1.
General principles
131. A range of types of evidence should be
considered when collecting samples and
evidence of human remains. Sample sizes for both
biological and non-biological evidence should be
sufficient for laboratory analysis and should allow
for repeat testing.
2.
Human biological evidence
132. Biological evidence in forensic analysis generally
refers to organic substances collected from the
human body or its surroundings. These can be
collected directly from the human body or from
items used by the person in question, such as
toothbrushes, hair brushes and unlaundered
clothing.
133. Identification and the proper collection and
preservation of biological samples from a crime
scene require specialized training in searching
and testing for the presence of biological
evidence. Biological samples from bodies may
also be collected at the morgue or forensic
anthropology laboratory. The collection of
biological reference samples from living persons,
for comparison purposes, should be conducted by
personnel trained in dealing properly and ethically
with victims and their families, and should be
based on informed consent.
24
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)
134. Biological samples are also a source of DNA,
which can be used to establish the identity of
persons and link them to the scene or to a piece
of evidence recovered there. Biological samples
include the following:
nn Soft tissues
nn Bone
nn Teeth
nn Blood
nn Urine
nn Saliva
nn Semen/sperm
nn Vitreous fluid
nn Hair
nn Natural nails (finger and toe).
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