Review of United States laws pertaining to the recovery and analysis of human skeletal remains.

Human skeletal remains (HSR) are routinely excavated from archeological contexts and analyzed by experts in human osteology. Contrarily, HSR in medicolegal contexts are usually recovered by law enforcement officers and examined by pathologists with limited osteological training. To examine legal requirements for expertise, we reviewed laws in the United States regarding the recovery and analysis of HSR from archeological sites, unmarked graves, and medicolegal contexts. Of the 50 states, 19 (38%) have laws stating that an anthropologist with osteological training should be involved in the recovery or analysis of HSR from an archeological context. Fifteen of those 16 states have laws requiring a minimum level of education to be a qualified skeletal analyst. In contrast, only one state, Texas, requires an anthropologist who handles forensic cases to have a doctoral degree. Including Texas, only eight states (16%) have laws that encourage but do not mandate consultation with a forensic anthropologist for medicolegal skeletal cases. Louisiana and Washington have state-funded laboratories, expert forensic anthropologists, and effective protocols for handling forensic cases. Due process and human rights concerns at stake in criminal cases require that those recovering and analyzing modern HSR have an equal or higher level of expertise than those working with archeological remains. Yet, legislators assume that law enforcement and pathologists are adequately trained. Because court standards demand expert testimony based on accepted methodologies and standard levels of competency, forensic anthropologists have a professional responsibility to engage with lawmakers to draft legislation to ensure proper handling of all skeletal cases.

They Sell Skulls Online?! A Review of Internet Sales of Human Skulls on eBay and the Laws in Place to Restrict Sales.

Internet sales of human remains occur despite the existence of laws prohibiting such action in most jurisdictions. The most popular public platform for online sales, eBay, allows users to postskeletal material for sale, largely anonymously and without much fear of legal repercussions. This survey of skeletal sales was conducted 10 years after the first article published about online human remains sales. A review of current laws reveals that, while many states have laws that restrict any sale of human remains, those laws have questionable deterrent effect. Assessing the skeletal material posted for sale provides law enforcement agencies with a necessary starting point to curtail the sale of human remains through enforcement of existing laws. Ultimately, the goal is to stem the commodification of such items and to recover skeletal material, especially that which may be of archaeological or forensic significance, and provide the proper final disposition for such material.

The identification of a human skull recovered from an eBay sale.

A human skull seized by the State of Louisiana from an eBay sale is analyzed. Bioarchaeological analyses of age-at-death, sex, and population affinity suggest the individual represented by the skull was a middle-aged Native American female. The presence of intentional cranial modification independently supports the population affinity assessment while confounding the metric analyses. However, no further specificity as to population affinity could be inferred using existing methods and comparative databases. Sedimentological and palynological analyses were attempted to redress this impasse. The presence of fine-grained charcoal, abundant fungal remains, and small angular quartz grains suggestive of burial in loess, as well as the lack of pollen, pteridophyte spores, and microscopic algae, suggest a likely upland burial location from somewhere in the lower Mississippi Valley. The sedimentological and palynological analyses, while not conclusive, show promise for use in future affiliation analyses of human remains recovered during the course of forensic investigations. The results are reviewed within the broader context of the legal debate over the repatriation of human remains.

Differential skeletal preservation at Windover Pond: causes and consequences.

In this paper, we evaluate the causes of differential skeletal preservation in the Windover Pond skeletal series (8BR246). We collected data on sex and age for approximately 110 individuals, and calculated a preservation score for each individual based on the presence of 80 skeletal landmarks. Our research questions evaluated the relationship between bone preservation and individual age and sex, and between the presence of preserved brain material and skeletal preservation, and the effects of burial location on bone preservation. The results indicate variability in average preservation for the sample (micro = 0.53, SD = 0.22) with an apparent lack of sex-specific (P = 0.79) or age-specific (P = 0.37) differences in preservation. The relationship between brain and skeletal preservation (P = 0.15) was not significant. The horizontal distribution of burials was not significantly correlated with skeletal preservation (north: r = -0.10, P = 0.93; east: r = 0.09, P = 0.45); however, vertical depth was a significant predictor of preservation (r = -0.31, P = 0.005), indicating that skeletal preservation decreased as burials were located closer to the ground surface. The observed variability in preservation scores may be related to the partial drying and resubmergence of the uppermost burials for the last few millennia. Comparison of Windover element-specific survival rates with previous analyses based on terrestrial samples (Galloway et al. [1997] Forensic taphonomy, Boca Raton: CRC Press; Waldron [1987] Death, decay and reconstruction, Manchester: Manchester University Press; Willey et al. [1997] Am J Phys Anthropol 104:513-528) affirms the relationship between element weight or density and bone survival. The unique taphonomic context of our study sample effected little change in bone deterioration processes.