Biological Anthropology and Ethics: From Repatriation to Genetic Identity

Chapter 9. Ethical Concerns in Forensic Anthropology

121 Chapter 9 Ethical Concerns in Forensic Anthropology Heather Walsh-Haney and Leslie S. Lieberman Introduction Practitioners of biological anthropology have been concerned with ethics and social policy since the emergence of the discipline in the mid-1800’s (Wax, 1987). Forensic anthropology, as a more recently defined branch of anthropology , is directly involved in the interface of ethics and social policy as it is codified in law and applied to the definition of personhood and the fundamental issue of death (Fluehr-Lobban, 1991; 1998; Wax, 1987). Forensic anthropology is an applied branch of biological anthropology whose scientists analyze skeletal remains for both legal and humanitarian purposes. Therefore, forensic anthropologists have unique relationships with a broad range of interested individuals or stakeholders: families of the deceased , accused murderers, victims, other forensic scientists (e.g., toxicologists , medical entomologists, odontologists, medical examiners), police, lawyers, judges, international human rights organizations and other NGOs, foreign governments, and undergraduate and graduate students. With these myriad stakeholders, forensic anthropologists must be vigilant in their adherence to the three major ethical tenets delineated by anthropological ethicist Carolyn Fluehr-Lobban (Fluehr-Lobban, 1998). 1. Try to do no harm or wrong. It is the duty of anthropologists to weigh the kinds, degrees, duration, and probability of good and bad outcomes. 2. Avoid deception and misrepresentation in the course of field research, data collection, and in the presentation and publication of research. 3. Act impartially so that all persons affected by the research are treated in an equal manner. 122 Heather Walsh-Haney and Leslie S. Lieberman This chapter fills a gap in the literature concerning the ethical implications of using human remains for research and training in forensic anthropology . We shed light on the need for analysis of ethical issues within the field of forensic anthropology by providing a glimpse into common ethical issues faced by its practitioners: Should forensic anthropologists be able to harvest tissues for the resolution of a forensic case from corpses without consent from next of kin? Is consent necessary for both passive (noninvasive) and active (invasive) anatomical research? If forensic anthropologists do not collect data from forensic cases are they doing a disservice to the resolution of future cases? Should undergraduate and graduate students train through the participation in ongoing forensic investigations? Can forensic anthropology be recognized as a science if no current data from contemporary individuals are collected? As stakeholders in these decisions, the rights of the individual (or victim who most would consider the ultimate stakeholder), next of kin, researchers, and students are discussed. Qualifications and Certification The American Board of Forensic Anthropology (ABFA), the regulatory and certifying organization for the profession, has stringent certification and oversight procedures (further information may be obtained via the internet at www.csuchico.edu/anth/ABFA/). Founded in 1977, the ABFA stated objectives are: 1) to encourage study and practice of forensic anthropology, establish scientific standards, and advance the science of forensic anthropology; 2) to promote a high standard of ethics and professional conduct; 3) to issue certificates to eligible individuals; 4) to inform government and private agencies of the activities of the ABFA and its certified members; and 5) to maintain lists of individuals who are ABFA certified and available for professional employment (Reichs, 1995). The diplomate certification process is based on a candidate’s personal and professional record of education (a Ph. D. is required) and training, experience, and achievement as well as a formal written and practical examination (Reichs, 1995). The process is analogous to procedures in many other medical and scientific fields. Upon meeting these qualifications and passing the diplomate’s examination, an individual is issued a certificate of qualification in forensic anthropology and becomes a diplomate of the Board of Forensic Anthropology (DABFA). Certification is renewed each year according to specific standards and criteria established by the ABFA (Reichs, 1995). Increasingly the federal government, most often through administrative agencies of the executive branch, has become involved in the legislation, policing, and education of students and established researchers with respect to biomedical ethical issues. For example, the National Institutes of Health Ethical Concerns in Forensic Anthropology 123 and other federal agencies require researchers to be trained and certified in ethics. Institutional Review Boards (IRBs) also oversee compliance, especially for federally funded research. Although the ABFA and the American Academy of Forensic Sciences (AAFS) mission supports the active training of undergraduate and graduate students in all fields of...