FORENSICS IN NURSING
Does your job ever include any of the following?
Circulating in the operating room during a repair of a gunshot wound to the chest?
If so, you are already using forensic nursing science in your practice. Forensics means
"pertaining to the law," and forensic nursing, "the application of nursing science to public or
legal proceedings."[1] Victims and perpetrators of abuse, neglect, and violence enter the
healthcare system not just via the emergency room but through many different doorways,
becoming patients of nurses in virtually all practice settings. The basic principles of
evidence collection, chain of custody, and documentation of forensic findings define the
forensic skills required by all nurses.
But there is another, even more compelling reason for nurses to expand their knowledge of
forensic nursing science. The nurse, often the first healthcare professional to see the
patient, can have a profound effect on the injured person's experience with the regrettable
but necessary procedures to collect evidence when a crime might have occurred. Forensic
nurse Paul T. Clements, PhD, APRN, BC, DF-IAFN, eloquently explains, "When a person is
violated, someone has violated their trust. Nurses, the most trusted health professionals,
are the ones who are up close and personal with patients who are frightened, hurt, or
ashamed. The nurse who is knowledgeable about forensic procedures can establish and
maintain trust with the patient and collect important evidence that otherwise might be lost."
THE EVOLUTION OF
FORENSICS IN NURSING
Suzanne Brown, MSN, SANE-A, SANE-P, CFN, like many forensic nurses, started out as
an emergency department (ED) nurse, at a time when evidence collection was rarely a
methodical process. Years ago, a pair of trauma shears was often the ED nurse's most
valuable tool when a living accident or crime victim was brought in. Cutting clothes off,
using the bullet hole or stab wound as a starting point if necessary, was routine in trauma
care.[4] Paper evidence collection bags did not yet have a place in the trauma room. Prompt
cleaning of patients to remove blood and other substances often destroyed valuable
evidence.
Much has changed in the past 15 years. Advances in science and technology have
elevated the role of forensic evidence in the courts. [5] Nurses are increasingly working with
the police and other authorities to help identify and collect the evidence that will be used in
medicolegal cases.[2] Nurses in EDs and elsewhere must be familiar with victims' and
suspects' rights, referral agencies, and local, state, and federal laws pertaining to the
reporting of crimes and the collection of evidence.
The highest priority is life-saving intervention, which should not be delayed in order to
collect forensic evidence.[5]Nonetheless, when providing urgent care and treatment, the
nurse must be able to recognize, and not destroy or discard, what may be evidence of a
crime. The nurse does not determine whether a crime has occurred but collects all potential
evidence and maintains a chain of custody of that evidence. [6]
EVIDENCE COLLECTION
FOR NURSES
The situations that may require evidence collection by nurses are diverse and numerous.
"It is truly an epiphany," says Jamie Ferrell, BSN, RN, DABFN, CA/CP-SANE, SANE-A,
CMI-III, CFN, "when nurses realize that all practices of nursing have a forensic aspect."
Victims of violence may enter the healthcare system in primary care, community health
clinics, urgent care, or the emergency department. They might be identified in the pediatric
ICU, behavioral health, or even labor and delivery. Forensic evidence can come to light in
the operating room. Ferrell adds, "Every trauma patient should be considered a forensic
patient until proven otherwise."
Forensic evidence collection is a systematic process that follows state and federal
requirements.[5] Procedures for evidence collection should be readily available in each
setting for reference purposes. Most evidence collection kits contain instructions for using
the items contained within them. The following sections comprise a general overview of
forensic evidence collection for nurses who are not specially trained in this area; this
information is not intended to serve as a comprehensive evidence collection resource.
Consent
Written, informed consent from adults should be obtained prior to evidentiary examination.
[7]
This consent should inform the patient what evidence will be collected (including
photography, if planned) and who the recipient of the evidence will be (eg, law enforcement
agency). Consent forms should address confidentiality issues.
History
Initiating a diagnosis and treatment plan, along with considering what evidence to collect,
begins with taking a thorough history regarding how injuries were sustained and relevant
medical conditions. Knowing what happened (where on the body the victim was hit, the use
of restraints, etc.) will guide the examination and improve the accuracy of the evidence
retrieval.
Unless trained for special populations, the nurse is not performing a forensic interview;
rather, the nurse is documenting statements exactly as they are made, without bias,
alteration, or interpretation.[5] An open-ended question, such as "Tell me what happened to
you tonight?" elicits the most complete verbal history of the event. [8]
Photography
Photography is now common for documenting physical injuries during a medical/forensic
examination. Photography can be invaluable in reconstruction of events at a later time. It is
not, however, a substitute for written documentation. When possible, photographs should
be taken before wounds are treated.
Digital technology has facilitated the incorporation of photographs into computer-generated
reports. Photographs should be taken from different angles with a wide-angle lens. Closeups should be taken both with and without a scale (such as a ruler or scale tape) in the
picture to show size of the focal point (Figure 1).[2] In the examination of sexual assault
victims, a colposcope is commonly used to obtain photographic and video evidence.
bullet wounds are present, no attempt is made to differentiate between entrance and exit
wounds.
Body diagrams (body charts) are made to describe the exact anatomic location of a
person's injuries. Diagrams are visual supplements to written assessment findings.
[5]
[10]
PHYSICAL EVIDENCE
COLLECTION
Any object (or part of an object) showing that a crime has occurred or establishing a link
between victim and perpetrator is physical evidence. Physical evidence can be tangible,
such as glass fragments in a sharp force injury; or transient, such as redness; or trace,
such as saliva.[11] A theory governing evidence was put forth by Dr. Edmond Locard, an
early 20th century French pathologist. In 1920 Locard wrote, "on the one hand, the criminal
leaves marks of his passage; on the other hand, by an inverse action, he takes with him,
on his body or on his clothing, evidence of his stay or his deed." [12] CalledLocard's principle
of exchange, it boils down to this: whenever there is contact between 2 objects, there is
mutual exchange of material between them. [11] Locard's theory is the basis for linking
victims, perpetrators, and crime scenes.
In clinical settings, the staff should be just as prepared to collect evidence as they are to
intubate a nonbreathing patient or start an emergency intravenous line. [11] Prepackaged
evidence collection kits containing the materials necessary to collect and preserve
evidence should be available.[11] Evidence collection kits for sexual assaults (sometimes
called rape kits) may be jurisdictional specific (Figure 2).
Nurses should also consult their departmental policy and procedures manuals as
Clothing
Must be removed carefully because clothing can contain hair, fibers, or other trace
evidence. Ambulatory patients should remove one item of clothing at a time while
standing over a clean sheet (or paper) placed on the floor, covered with a second
clean sheet (or paper) to capture debris that may fall from the clothing or person.
Fold and package this top sheet (or paper) separately.
If clothing must be cut off, it is done without cutting through any tears, holes, or
other defects in the fabric.
Without shaking or excessive handling, bag each item upon removal. Each item is
placed in a separate paper bag to prevent cross-contamination. Plastic bags are not
used because moisture can collect within the bag and alter the evidence (Figure 3).
Using forceps with plastic-coated tips, carefully remove hairs, fibers, or other debris
from the patient's body and place each item into paper envelopes. Surface debris that
is dry can be gently scraped onto a glass slide.
Place sharp objects (needles, blades, knives, glass fragments) in double peelpacks (heavy-gauge polyethylene pouch with tamper-evident adhesive closures) or in
plastic, glass, or cardboard containers.
Wrap bullets in gauze to preserve trace evidence and place in a peel-pack, cup, or
envelope. Do not touch bullets with metal instruments. Gunpowder residue can be
removed with tape that is then applied to a glass slide.
Preserve evidence on the victim's hands until collected by securing paper bags
over each hand.
Scrape or swab beneath fingernails or clip fingernails and package and label as
right or left hand (Figure 4). If envelopes are not available, fingernails, scrapings, and
the orange stick or swab used to collect them can be contained in the center of a
clean piece of paper which is then folded "druggist style" and sealed. (With evidence
in the center, fold paper in thirds. Turn 90 degrees and fold in thirds again. Tuck one
edge into the other to form a closed package).
Carefully comb the hair to remove evidence that may not be visible (Figure 5).
Figure 5. Collecting a hair sample from the victim. Most states permit the use of
scissors rather than pulling hair for this purpose.
Body Fluids
10
before packaging.
In sexual assault cases, swab body orifices for biological specimens, collecting as
much as possible. If possible, biological samples are taken before further
contamination by drinking, eating, smoking, or voiding.
Collect laboratory specimens for toxicology screens and control, or reference,
CHAIN OF CUSTODY
Chain of custody is a legal process referring to the paper trail that assures the integrity and
security of the evidence. Chain of custody forms and labels document possession of the
evidence from the moment of collection until the moment it is introduced in court, where the
chain of custody will be closely scrutinized. If the chain of custody is broken, the evidence
11
Whether or not the nurse has formal training in forensics, he or she must properly
establish and maintain the chain of custody for this evidence. [4] Clothing left piled in a
corner or recovered bullets sent to a pathology laboratory are common examples of
evidence for which the chain of custody might be questioned at a later time. [4] The more
people who handle a piece of evidence, the more likely it is that the chain of custody will be
compromised.
To properly initiate the chain of custody, labels are placed on each item of sealed evidence
indicating the patient's name, a description of the item, source of the material (including
anatomic location), the name of the person who sealed the evidence, the date and time it
was sealed, the names of those who release and receive the evidence, and the time it is
transferred. The chain of custody should be kept as short as possible. [5] Evidence chain of
custody forms are usually contained in evidence kits. When there are many items of
evidence for a single case, evidence disbursement forms can be used to document the
transfer of evidence.
Collected evidence must remain on the person of the nurse, in plain view, or in a secure
location to maintain the chain of custody. Evidence should never be left unattended or
handled by patients, parents, support persons, or caseworkers. Sealed and correctly
labeled evidence kits or bags may be stored in a secure location until they are transferred
to law enforcement officials (Figure 7). The best place to store evidence is in a locked drop
box and locked refrigerator, located in a limited access room that requires a key entry.
[4]
Wet evidence, such as wet clothing, cannot be placed in a drop box so it must be picked
12
GOING TO COURT
The nurse who applies forensic principles by recognizing and preserving the evidence must
also be able to present him or herself at trial. Patients who have been victims of a violent
act deserve to have healthcare providers who are prepared and capable witnesses. One of
the purposes of their testimony is to authenticate evidence that was collected in the
healthcare setting and verify the chain of custody.[13]
Medicolegal testimony can be a stressful professional experience. [14] Juries are human and
are often quick to judge witnesses based on how they dress, how they speak, make eye
contact, and their perceived sincerity in the courtroom. [14] Cases can be decided on the
credibility of witnesses. Speaking directly to the jury in understandable language conveys
honesty to jurors. In addition, Cashman and Benak offer these tips to witnesses [14]:
Listen carefully to questions; answer only the questions that are asked.
13
New Careers
Nurses who are intrigued by the idea of forensic evidence collection might want to consider
a new role in this rapidly growing field. In Part 2 of this series, forensic nursing roles and
resources will be highlighted, allowing interested nurses to find out what forensic nursing
specialists are doing in a variety of settings.
Related Resource
International Association of Forensic Nurses
References
1. International Association of Forensic Nurses. About Forensic Nursing. Available at:
http://www.iafn.org/about/aboutWork.cfm. Accessed November 22, 2007.
2. Brown SL. Forensic nursing. In: Sheehy SB, Lenehan GP, eds. Manual of
Emergency Care, 5th edition. St. Louis, Mo: Mosby; 1999.
3. The Joint Commission. Standard PC.3.10. Comprehensive Accreditation Manual for
Hospitals. Joint Commission Resources; 2005.
4. Evans MM. Maintaining the chain of custody: evidence handling in forensic-cases.
AORN J. 2003;563-570.
5. Ferrell JJ. Forensic aspects of emergency nursing. In: Emergency Nurses
Association Emergency Nursing Core Curriculum, 6th edition. Philadelphia, Pa:
Saunders; 2007.
6. McCracken L. The forensic ABCs of trauma care. Can Nurse. 2001;97:30-33.
7. Emergency Nurses Association. Forensics: evidence collection and preservation.
Sheehy's Manual of Emergency Care. 6th edition. St. Louis, Mo: Mosby; 2005.
8. Emergency Nurses Association. Approach to the sexual assault patient. Sheehy's
Manual of Emergency Care. 6th edition. St. Louis, Mo: Mosby; 2005.
9. Pearsall C. Forensic biomarkers of elder abuse: what clinicians need to know. J
Forensic Nurs. 2005;1:182-186. Abstract
14
10. McDonough ET. Death investigation. In: Hammer RM, Moynihan B, Pagliaro EM,
eds. Forensic Nursing. Sudbury, Mass: Jones & Bartlett; 2006.
11. Cabelus NB, Spangler K. Evidence collection and documentation. In: Hammer RM,
Moynihan B, Pagliaro EM, eds. Forensic Nursing. Sudbury, Mass: Jones & Bartlett;
2006.
12. Horswell J. The Practice of Crime Scene Investigation. London, UK: Taylor and
Francis; 2004.
13. Bentley Cewe BR. Overview of the American justice system. In: Hammer RM,
Moynihan B, Pagliaro EM, eds. Forensic Nursing. Sudbury, Mass: Jones & Bartlett;
2006.
14. Cashman DP, Benak LD. Preparing staff for testimony in sexual assault cases. J
Forensic Nurs. 2007;3:47-49.Abstract
15. Lynch VA. Forensic nursing science. In: Hammer RM, Moynihan B, Pagliaro EM,
eds. Forensic Nursing. Sudbury, Mass: Jones & Bartlett; 2006.
http://www.medscape.com/viewarticle/571555_1
Forensic nursing may well be the fastest growing nursing specialty in the
world, generating interest among both practicing and prospective nurses. [1] A
field with many subspecialties, forensic nursing has already spawned new
roles and careers for many nursing professionals with an interest in the law.
Educational opportunities in forensic nursing at many levels -- certificate,
Master's degree, doctoral, or nurse practitioner -- are also on the rise.
This good news for nurses is tempered by irony because the need for more
forensic nurses stems from an epidemic of global poverty, violence, and
crime.[2] The zone where healthcare needs intersect with the law is
expanding, and forensic nurses have stepped in to become leaders in the
healthcare response to violence.
15
16
skills are increasingly recognized, forensic nurses are rapidly branching out
into new legal arenas, such as risk management, employee litigation, and
human rights abuse.[5]
The following profiles of practicing forensic nurses are offered to illustrate
the tremendous potential of forensic nursing in an array of settings and
specialties. Resources and links to more information about these and other
forensic nursing roles, forensic nursing education, and forensic certification
opportunities can be found at the end of this article.
17
nurses. "We have nurses from women's health, obstetrics and gynecology,
mental health, and even endoscopy. They don't necessarily have to have an
ED background. With the right training, they develop a sophisticated
understanding of the importance of high-quality medicolegal evidence."
FACT is a regional program, serving adult and child clients from an area that
covers 20 jurisdictions. Regional programs are popular because they allow
the nurse examiners to see more clients and perform more examinations,
helping them to develop and maintain competence. It is also cost-effective,
particularly for rural and remote areas that do not see enough cases yearly
to maintain their own nurse examiner programs.
19
helps police officers learn how to talk to and question children who have
experienced a family homicide. Questions must be worded carefully to avoid
frightening the already traumatized child into thinking he or she is guilty or
responsible for the death. Dr. Clements also counsels the other family
members, who often do not appreciate the degree of trauma suffered by the
child, about their interactions with the bereaved child.
"What has become evident during interviews with these children is that the
things adults think are helpful and important are usually not what the
children think are important. Children often believe that they are the
equivalent of 'damaged goods,' that they are no longer normal like other
kids. Adults keeping silent or whispering about the murder to protect the
child only reinforces the stigma of guilt." Dr. Clements helps these children
not to forget the loved one or what happened, but to remember the
deceased and put what has happened into an adaptive perspective. He
helps the child find an anchor for safety to get through the acute phase of
trauma, and helps surviving adults in the child's life understand puzzling
delayed responses, such as regressive behavior.[13]
As a forensic psychiatric nurse, Dr. Clements works with both the offenders
and survivors of a wide array of violent offenses, including interpersonal
violence, sexual assault, child molestation, elder abuse, stalking, suicide,
homicide, arson, motor vehicle accidents, industrial and occupational
deaths, sudden infant death syndrome, and gang violence. Believing that
forensic nurses must also work to prevent violence, Dr. Clements has
recently become a certified gang specialist.
Gaps remain, however, in the continuity of care across different
forensic specialties. "Ideally, forensic nurses will refer patients
to other forensic nurses for continuing care," suggests forensic
nurse Paul Clements. For example, when a SANE nurse makes a
referral for ongoing psychiatric care for a victim of rape, the ideal
professional to provide this care is a forensic psychiatric nurse.
office should be notified; it is possible that new charges will be filed. If the
healthcare providers are not educated about forensics, the patient's history
could be overlooked and justice would not be served.
23
References
1. Shives LR. Basic Concepts of Psychiatric-Mental Health Nursing. 7th edition.
Philadelphia, Pa: Lippincott Williams & Wilkins; 2007.
2. Lynch VA. Forensic nursing science and the global agenda. J Forensic Nurs.
2007;3:101-111. Available at: http://www.medscape.com/viewarticle/565600. Accessed
December 1, 2007.
3. Lynch VA. Forensic nursing. In: Burgess AW, ed. Advanced Practice in Psychiatric
Mental Health Nursing. Stamford, Conn: Appleton-Lange; 1998.
4. Lynch VA. Forensic nursing science. In: Hammer RM, Moynihan B, Pagliaro EM, eds.
Forensic Nursing. Sudbury, Mass: Jones and Bartlett; 2006.
5. Burgess, AW, Berger AD, Boersma RR. Forensic nursing: investigating the career
potential in this emerging graduate specialty. Am J Nurs. 2003;104:58-64.
24
6. McMahon P. Forensic nursing in multiple settings. On the Edge. 2007;13. Available at:
http://www.iafn.org/publication/ote/oteFall2007.cfm#1. Accessed December 20, 2007.
7. Pyrek K. Forensic Nursing. Boca Raton, Fl: CRC Press; 2006.
8. Sievers V, Murphy S, Miller JJ. Sexual assault evidence collection more accurate when
collected by sexual assault nurse examiners: Colorado's experience. J Emerg Nurs.
2003;29:511-514. Abstract
9. Campbell R, Patterson D, Lichty LF. The effectiveness of sexual assault nurse examiner
(SANE) programs: a review of psychological, medical, legal, and community outcomes.
Trauma Violence Abuse. 2005;6:313-329.Abstract
10. Clements PT, Burgess AW. Children's responses to family member homicide. Fam
Community Health. 2002;25:1-11.
Forensic Nursing: Investigating the Career Potential in this Emerging Graduate Specialty
Article Publisher: American Journal of Nursing - Date: Mar. 2004
Source: American Journal of Nursing, Mar. 2004, Vol. 104, No. 3
Citation: Burgess, A. W., Berger, A. D., & Boersma, R. R. (2004, March). Forensic nursing:
Investigating the career potential in this emerging graduate specialty. American Journal of
Nursing, 104 (3), 58-64.
James Byrd, 48, was angry. There were still pieces of pulp in the orange juice container after his
girlfriend washed it. In a rage, he hit her and stamped on her stomach. She was ill that night, and
for the next four days, but Mr. Byrd wouldn't let her leave the house to seek health care. Finally,
when he left the house with their 10-year-old daughter, the victim dragged herself outside, hailed
a cab, and went to the hospital. She couldn't walk into the ED. Taken directly to surgery, she was
found to have a lacerated pancreas.
Surgeons removed her spleen and sutured her pancreas. During her recovery in the hospital, a
prosecutor and a nurse recorded her statement and her appearance on videotape. She told of the
years of domestic violence (primarily psychological) she'd endured. Mr. Byrd was arrested and
jailed and she returned home.
When Mr. Byrd's trial began a year later, a surgeon and an ED nurse testified to their
documentation of the victim's injuries, surgery, and recovery. But when the victim took the stand
she refused to testify against her boyfriend. How could the prosecution convince a jury of the
defendant's guilt without the victim's testimony? Would the jury understand that it's common for
victims of domestic violence to refuse to testify against their abusers? A forensic nurse with a
well-established reputation in the field of domestic violence was brought in to explain the victim's
refusal.
Mr. Byrd was convicted of two counts of assault in the first degree and faced a sentence of 25
years in prison.
Forensic nursing, one of the newest specialty areas recognized by the ANA, is gaining momentum
nationally and internationally. Forensic nursing practice is, according to the International
Association of Forensic Nursing (IAFN), the "application of nursing science to public or legal
proceedings."1Forensic nurses investigate real and potential causes of morbidity and mortality in a
variety of settings. Responsibilities range from collecting evidence from perpetrators and survivors
of violent crime to testifying in court as a fact witness (someone who saw a situation firsthand) or
an expert witness (someone who offers an opinion of a particular situation). Forensic nurses
understand evidence collection (such as forensic photography) for subsequent legal and civil
proceedings and are the "bridge between the criminal justice system and the health care system.2
The American Board of Forensic Nursing is one of 13 executive advisory boards of the American
College of Forensic Examiners International (ACFEI). The ACFEI publishes The Forensic
25
Examiner, a peer-reviewed journal, and offers certification programs to nurses and other health
care professionals. For more information go to www.acfei.com.
THE HISTORY OF FORENSIC NURSING
Today, screening for violence is a minimum standard of care. Both the Centers for Disease Control
and Prevention (CDC) and the Joint Commission on Accreditation of Health Care Organizations
(JCAHO) recommend screening for family violence in hospitals and clinics. JCAHO's
recommendations have been in place since 1992, and in 1998 the CDC backed efforts to improve
the recognition and treatment of victims of domestic violence with the publication of Intimate
Partner Violence and Sexual Assault: A Guide to Training Materials and Programs for Health Care
Providers.Once considered a problem exclusively for the criminal justice system, violence is now
regarded as a public health issue. Yet it's taken years for violence to reach this level in the public's
awareness.
The efforts of the health care community to stem the tide of violence in America gained
momentum in 1985, with the Surgeon General's Workshop on Violence and Public Health. In his
opening remarks, U.S. surgeon general C. Everett Koop, MD, encouraged the 150 attendees to
develop recommendations that could become the "stimuli of change and progress everywhere." He
championed a multidisciplinary approach that could be embraced by professionals in medicine,
nursing, psychology, and social services. "Our focus will be squarely on how the health professions
might provide better care for victims of violence and also how they might contribute to the
prevention of violence," he said.3
At the same time, nursing was enjoying new strength as a provider of health care services to
victims. Nurses had volunteered at many of the rape crisis centers that opened in the 1970s and
by the mid-1980s were widely acknowledged for the expertise they had developed as a result. In
addition, scientific competence had become integral to the profession. This combination of factors
opened doors for nurses to collaborate with other providers, initiate courses and programs of
research on victimology and traumatology, influence legislation and health care policy, provide
expert testimony in criminal and civil court cases, and ultimately, create a new specialty.
Forensic nursing has its roots in the 18th century, when midwives testified in court on matters
such as virginity, pregnancy, and rape. 4 (By contrast, the discipline of forensic medicine began
early in the 16th century and focused on pathology and cause of death. 4) The current model of
forensic nursing evolved from the role of the police medical officer found in the United Kingdom
and other countries.5
The skills of the forensic nurse - observation, documentation, and preservation of evidence-are
critical in determining the legal outcome of violent crimes. 6
THE NEED FOR FORENSIC NURSING EDUCATION
With training, health care providers can identify both victims and perpetrators of crime. 7,8 In its
recent publication, Violence as a Public Health Problem, the American Association of Colleges of
Nursing states that "as members of the largest group of health care providers, nurses should be
aware of assessment methods and nursing interventions that will interrupt and prevent the cycle
of violence."9 Such efforts may focus on the ED, where most seriously injured people are
treated."10Results of a 1999 study underscore the value of instruction: after the ED nursing staff in
an urban, level l trauma center underwent a four-hour session an screening for intimate-partner
violence, 18% of women ages 18 and older visiting the ED were identified as victims of violence
and referred to social services.11 Before the training, such identification and referral occurred in
just 1% of the women presenting to the ED.
In October 2002 IAFN Scientific Assembly, a group of forensic nursing faculty agreed that although
continuing education in forensics (such as evidence collection and violence prevention) can
provide an overview of the field, it's inadequate for practice. Thus, many nurses are pursuing
education through college and university programs. (See Forensic Nursing Programs, page 63, for
a list of university programs.) Others are seeking education in forensics outside of nursing.
FORENSIC NURSING PROGRAMS
26
There are four primary routes for obtaining training in forensic nursing.
Continuing education courses supplement nursing degree programs and are used for
professional education and to fulfill renewal criteria for state licensure.
Certification programs have specific content, entrance requirements, and often a written
examination. Clinical internships may be required.
A minor or concentration in forensics is available in some university undergraduate and
graduate nursing programs.
Formal graduate study builds on the foundation of the baccalaureate.
In 1997 the ANA published The Scope and Standards of Forensic Nursing Practice, which calls for
the synthesis of education and experience for forensic nursing proficiency. The ANA recommends
that in addition to attending core graduate nursing courses, graduate students carry out a clinical
internship and complete the forensic nursing curriculum required for the degree.
Graduate clinical internships may be completed in many settings, including a state forensics crime
laboratory, a medical examiner's office, a victim advocate's office, a shelter for victims of domestic
violence, a forensic psychiatry unit, or an ED.
Forensic nursing curriculums focus on victimology, perpetrator theory, forensic mental health,
interpersonal violence, criminology, and criminal justice. Other areas of study include the
following:
The fundamentals of forensic nursing include evidence collection; documentation; interviewing
skills; criminal, procedural, and constitutional law; scope of practice; interdisciplinary
collaboration; identification of nursing roles; and testifying in court as an expert witness.
Forensic law. Forensic nurses must understand the legal issues surrounding expert testimony
in legal proceedings; issues such as culpability, burden of proof, rationale for punishment, and
mitigating circumstances; and defenses such as justification, insanity, entrapment, and duress.
Forensic science. Topics include the collection and preservation of evidence, the interpretation
of DNA-laboratory reports, forensic chemistry, toxicology, cause of death, blood spatter
interpretation, manner and mechanisms of injury, wound identification, and cause.
SPECIALTY ROLES IN FORENSIC NURSING
As their responsibilities evolve, forensic nurses are assuming increasingly diverse roles, in risk
management, employee litigation, bioterrorism, and domestic and international investigations of
human rights abuses. Newly proposed is the child abuse nurse examiner.12 The most common
roles are sexual assault nurse examiner (SANE), advanced practice forensic nurse or forensic
clinical nurse specialist, and nurse death investigator and nurse coroner.
The SANE is the most common forensic nursing specialty. SANEs care for victims of sexual assault,
collect and document forensic evidence needed to pursue a criminal case, and testify at trial.
Programs that teach nurses to work with sexual assault victims have existed in the United States
since 1976. They typically consist of more than 40 hours of classroom instruction followed by a
number of hours of clinical practice.13 Initial requirements, training programs, continuing
education, and competency requirements vary by state (see www.sane-sart.com for a list of
existing SAT, programs and resources for the development of new educational programs).
Newer programs, such as those for the sexual assault forensic examiner (SAFE) or the forensic
nurse examiner (FNE), have begun to replace SANE programs. These programs will expand the
scope of forensic nursing to include not only sexual assault incidents but the gathering of forensic
evidence in cases of domestic abuse or automobile accidents.
27
The IAFN (see "Who's Who in Forensic Nursing," page 60) recently published SANE education
guidelines and is currently working with the U.S. Department of Justice Office on Violence against
Women (OVW) to develop a national sexual assault forensic examination protocol. The OVW will
also develop training standards to accompany the protocol. The IAFN offers a certification program
for the sexual assault nurse examiner-adult and adolescent (SANE-A). The first SANE-A
certification examination was given in April 2002 (certification is valid for three years). 14 As of
September 2003, there were 352 IAFN-certified SANE-A nurses. 15 To be eligible for the
examination, applicants must hold a valid U.S. RN license, have a minimum of two years of
practice as an RN, have been "determined competent in current SANE practice" by an appropriate
clinical authority, and have successfully completed an adult-adolescent SANE education program
that includes either a minimum of 40 continuing education contact hours of classroom instruction
or three semester hours (or the equivalent) of academic credit in an accredited school of nursing.
President Bush's proposed initiative, Advancing Justice through DNA Technology, includes $5
million allocated in 2004 to "support the development of training and educational materials for
doctors and nurses involved in treating victims of sexual assault." HR 3214 was passed by the
House of Representatives in October 2003 and read to the Senate in December.16 The initiative
calls for more than $1 billion in five years, and if it's approved, some of the funds may be
appropriated for SANE and SAFE programs.
Ciancone and colleagues published a survey of SANE programs in the United States in 2000. 17 Of
the programs that responded, 55% had been in existence for less than five years; 16% for more
than 10 years. The median number of patients seen annually was 95. Roughly 75% of programs
were affiliated with a hospital, police department, or rape crisis center; more than half of the
examinations were conducted in a clinic, office, or hospital setting. Ninety percent offered
prophylaxis and treatment for sexually-transmitted diseases (STDs), but STD cultures, HN testing,
and screening for illegal drugs and alcohol were selectively performed. The authors suggested that
a standardized protocol could reduce inconsistencies among programs and that further research
be conducted.
Anecdotal evidence suggests that SANEs have made a profound difference in the quality of care
provided to sexual assault victims and in the outcomes of investigations and
prosecutions.13Further, SANE training allows evidence to be collected more - quickly and in a
manner that is compassionate and doesn't traumatize a victim further.
Advanced practice forensic nurse and forensic clinical nurse specialist. In addition to
working with victims of crime and their families, advanced practice forensic nurses and forensic
clinical nurse specialists may work with perpetrators, people involved in paternity disputes, and
cases involving workplace related injuries, medical malpractice, automobile accidents, food or drug
tampering, or medical equipment defects.4 They may be researchers or clinicians; in hospitals they
may serve as consultants and educators. They can assess a patient's risk of being victimized
(through intimate-partner abuse, for example) and help reduce that risk through patient
education.
Nurse death investigators and nurse coroners are two roles discussed in the ANA's Scope
and Standards of Forensic Nursing Practice; each role varies by state. Currently, 22 states have
medical examiner systems, 11 states use the coroner system, and 18 states use a mixed medical
examiner and coroner system.18,19 (For detailed information, go
towww.cdc.gov/epo/dphsi/mecisp/summaries.htm.) One key difference between the two is that
coroners are elected to the position, while the governor appoints medical examiners (who must be
physicians). Nurse death examiners work for the medical examiner and investigate the
circumstances of a death before the body can be released. Nurse coroners can perform death
investigations, as well as issue death certificates, a responsibility that differentiates them from
nurse death investigators. Catherine O'Brien, a nurse death investigator, considers death "another
point on the continuum of care.20 She emphasizes that because the majority of cases referred to a
medical examiner's office are natural deaths, nurse death investigators should be trained to
handle natural death cases, which are not the focus of law enforcement personnel.
There are many death investigator programs available. One, the American Board of Medicolegal
Death Investigators, located in the Division of Forensic Pathology- at St. Louis University School of
Medicine, offers two levels of certification: the registry (or diplomate) level and the fellow (or
advanced board certification) level. One approach to becoming a registry candidate is to have 30
hours of formal death investigation training and complete an examination and a performance
evaluation. Candidates looking to become fellows must be certified at the registry level for at least
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six months, have at least 4,000 hours of death investigator experience, and currently be employed
as a death investigator.
FORENSIC NURSING RESEARCH
The ANA's Scope and Standards of Forensic Nursing Practice encourages research to validate and
improve forensic nursing practice.21 Research in recent decades has increased awareness of sexual
trauma considerably; it has also identified the effects of such trauma on family members and the
community.22 Yet sexual violence still affects hundreds of thousands of women and children each
year. Nurses could be more influential in reversing this trend by identifying victims of sexual
violence in their care, improving the treatment of trauma, and designing research protocols aimed
at prevention.
An important research question is what difference the use of SANEs makes in the arrest and
prosecution of rape and sexual assault cases. Another possible area of inquiry is the identification
of signs consistent with consensual or nonconsensual sex, a critical issue in acquaintance-rape
trials. Forensic nurses in the United Kingdom and Scandinavia have already conducted important
research on the behavior specific to dangerous patients and on nurses' attitudes toward patients
with personality disorders.23-26
REFERENCES
1. International Association of Forensic Nurses. About IAFN. [Web site].
2002.http://www.iafn.org/about/default.html.
2. Benak, Rose. Focus on Diane Stuart. On the edge 2003;9(4):21.
3. U.S. Public Health Service, Services. Surgeon General's workshop on violence and public
health. Report. [Web site]. 1986. http://profiles.nlm.nih.gov/NN/B/C/F/X/_/nnbcfx.pdf.
4. Lynch VA. Forensic nursing. In: Burgess AW, editor. Advanced practice in psychiatric mental
health nursing. Stanford, CT: Appleton-Lange; 1998.
5. Lynch VA. Clinical forensic nursing: a new perspective in the management of crime victims from
trauma to trial. Crit Care Nurs Clin North Am 1995;7(3):489-507.
6. Malestic SL. Fight violence with forensic evidence. RN 1995;58(1):30-2.
7. Rollins JA. Nurses as gangbusters: a response to gang violence in America. Pediatr
Nurs1993;19(6):559-67.
8. Sullivan LW: Forum on youth violence in minority communities. The prevention of violence - a
top HHS priority. Public Health Rep 1991;106(3):268-9.
9. American Association of Colleges of Nursing. Violence as a public health problem. (Web site].
2002. http://www.aacn.nche.edu/Publications/positions/violence.htm.
10. Shepherd J. Violence as a public health problem. Combined approach is needed. BMJ
2003;326(7380):104.
11. Larkin GL, et al. Universal screening for intimate partner violence in the emergency
department: importance of patient and provider factors. Ann Emerg Med 1999;33(6):669-75.
12. Sinnee H. Slipping through the cracks. On The edge 2003;9(4):10-3.
13, Litrel K, U.S. Department of justice. Sexual Assault Nurse Examiner (SANE) programs.
Improving the Community Response to Sexual Assault Victims. [Web site].
2001,http://www.ojp.usdoj.gov/ovc/publications/bulletins/sane_4_2001/welcome.html.
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Introduction:
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When many people hear the term Forensic Nursing, they are not exactly
sure of what that means. With the advent of shows like "CSI", "The
Forensic Files" or "Bones", many envision the forensic nurse as a type of
medical detective out at a murder scene.
Put simply, a Forensic nurse is a nurse with specialized training in forensic
evidence collection, criminal procedures, legal testimony expertise, and
more. The Forensic nurse becomes that liaison between the medical
profession and that of the criminal justice system. When you combine the
medical training of a nurse, with the investigative prowess of police
detectives and the legal training of a lawyer, you have created a formidable
enemy for criminals.
Most Forensic Nurses work out of a hospital, at the first point of contact.
The Emergency Room. Most people who come to the emergency room
don't know that they may be in need of a forensic nurse when the present at
the hospital. Trying to accurately assess a patient can be difficult enough,
but toss in the chaos of a typical emergency room and things really go
downhill in a hurry. Take for example the case of the distraught mother
who brings in her son who is complaining that his arm hurts. The mother
says he ran into a door trying to catch the dog. Better check vitals and get
an x-ray of the arm to see if its broken right? Did you make the child
change into a gown? did you get a complete head to toe assessment?
Because without it, you would have missed the evidence of previous
contusions on his legs from two weeks ago when he was beat with a
wrench for not cleaning his room right.
Or what about the woman who comes in stating she was in a car accident.
Her boyfriend who was driving says she hit her head and cut her face as the
glass shattered. Did you notice that most of her injuries were on the left
side of her face? Logically if she was the passenger most of the injuries
should be on the right side, since that would be the most likely point of
impact.
Forensic nursing can also expand outside the world of criminal
investigation. After the devastation of hurricane Katrina in the gulf states,
identification of some of the remains found could only be determined
through the use of forensic evidence collection. This type of work is
usually referred to as Medicolegal Death Investigation.
If I become a forensic nurse does that mean that I have to work with dead
bodies? Of course not, but that is one of your options if you should choose
to learn more about that career path. There are many career branches that
open up to forensic nurses including; expert medical witness, Sexual
Assault nursing, Nurse death investigator, or Medicolegal death
investigation, community education. The list goes on and on
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Historical overview:
The definition of forensic nursing is continually evolving. In 1997 it was
defined as "the application of forensic science combined with the biopsychological education of the registered nurse, in the scientific
investigation, evidence collection and preservation, analysis, prevention
and treatment of trauma and/or death related medical-legal issues."
(IAFN/ANA, 1997)
The word "forensic" comes from the Latin word forensis meaning public
debate. The word forensic is used now to describe the debates that occur in
courts of law and is even more broadly defined as any matter that is
"pertaining to the law." (Evans, Wells, 1999)
In 1998 that definition was expanded as follows. "Forensic Nursing is the
application of nursing science to public or legal proceedings; the
application of the forensic aspects of health care combined with the biopsychosocial education of the registered nurse in the scientific investigation
and treatment of trauma and/or death of victims and perpetrators of abuse,
violence, criminal activity and traumatic accidents. " (IAFN 1998)"
Forensic Nursing is the health care response to (criminal and interpersonal)
violence. Identification of crime victims, prevention of further injury or
death due to cyclical violence, and early detection of potentially abusive
situations are critical steps to stem the effects of human violence. Forensic
Nursing provides a continuity of care from the emergency department
and/or crime scene to courts of law and a wider role in the investigation
of crime and the legal process that contributes to a safer, healthier society."
(IAFN, 1998)
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system. The offenders are typically admitted to a state facility for a brief
period of evaluation and then returned to the county jails for sentencing.
This specialty is closely tied to correctional nursing, violence issues with
children at all age levels. School nurses are accessible and trusted
healthcare professionals who can work with students on skills such as
conflict resolution, stress management, suicide/injury prevention, and
relationship management.
School Settings: In the educational environment, school nurses are in a
position to observe, assess, educate and intervene when necessary.
Assessment:
Assessment should cover psychiatric, psychological and social functioning,
risk to the individual and others, including previous violence and criminal
record, any needs arising from co-morbidity, and personal circumstances
including family or other carers, housing financial and occupational status.
Assessment goals
A comprehensive assessment will result in:
- A detailed and precise description of the problems the client
is experiencing.
- A clear description of the clients current symptoms
- A comprehensive risk assessment
- A description of the clients social, occupational and domestic
circumstances
- The support available to the client
- Family/carer perspectives
- An over management care plan
- A treatment care plan
- Methods for treatment to be evaluated
Timing of assessment:
Frequent assessment is potentially the backbone of the forensic nursing.
Frequent assessment reduce the likelihood that a clients mental health
needs or risk have increase without the nurse being aware. Usually it is
uncommon for the clinical team member to want to assess the client
through interview and psychometric measurement within the first week or
tow of contact.
Pre-admission assessment is cornerstone if many forensic services when
admission is likely.
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Assessing risk:
Assessing risk is not unilateral procedure, but should involve all the
professions and involve a range of assessment that are captured on record.
Risk assessment can be categorized as risk to self and risk to others.
Known factors associated with a risk of self-injurious behavior include:
- Past self harm attempts ( nature, motivation, dangerousness)
- Presence and severity of current depression
- Presence of current suicidal ideation (method, ability to
complete method, motivation)
- Past and current drug or alcohol use
- Past and current psychotic symptoms and their nature.
Risk to others includes assessment of the following:
- Known history of violence
- Severity of previous violence
- Who the victim of violence were
- Thoughts of violence
- Previous and current psychotic symptoms and their nature
(e.g. paranoia, command hallucinations)
- Past and current drug or alcohol use.
Observation:
Observation is a key intervention. Observation has been defined as
(standing nursing and midwifery advisor committee 1999,p2)
Regarding the patient attentively while minimizing the extent to which they
feel under surveillance.
Has classified observation into four levels:
- General observation
- Intermittent observation
- Within eyesight
- Within arms length
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Inter-observer agreement:
The first is inter-observer agreement. This relates to whether all those
involved in observation identify all relevant instances of the behavior or
symptom and record these in the same way.
The second factor relates to whether the same observer will reliably
produce similar accounts of the same behavior conducted at different times
or in different settings.
Reactivity
A final, and very important, factor to consider is the effect of the observer
on patient and their behavior. In some cases the behavior or symptoms that
are being assessed may vary according to the presence of the observer. This
is known as reactivity.
For example, some patients may appear more agitated, anxious and
aggressive if they are aware that their behavior is being regularly
monitored.
Care plans that are designed to manage are in effect plans where the nurse
has determined situations where the mental health staff take control from
the client.
A comprehensive care plan to manage problem areas should include:
- The specific problem behavior that the plan is designed to
manage
- Triggers for the problem behavior
- Strategies to address such triggers in an attempt to avert their
occurrence
- Nursing strategies to be employed before the management
plan is implemented
- The specifics of the management plan and roles of each nurse
- Strategies to be used with the client in order to assist them to
regain control of the problem behavior as soon as is practical
- The care that should be provided after the event including
discussions with the client in order that all concerned can
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learn from the event and evaluate the usefulness of the care
management plan
- Reporting and recording processes
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Reference:
-Mental health nursing 2009.
-Gaza community mental health program 2007.
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