Forensic epidemiology: law at the intersection of public health and criminal investigations.

Journal of Law, Medicine & Ethics, 31 (2003): 684–700. © 2003 by the American Society of Law, Medicine & Ethics. ince at least the mid-1970s, public health and law enforcement officials have conducted joint or parallel investigations of both health problems possibly associated with criminal intent and crimes having particular health dimensions. However, the anthrax and other terrorist attacks of fall 2001 have dramatically underscored the needs that public health and law enforcement officials have for a clear understanding of the goals and methods each discipline uses in investigating such problems, including and especially the potential use of biologic agents as weapons of mass destruction. Recognition of these needs has prompted some experts to call for the application of “forensic epidemiology” to such problems. Even before the attacks of fall 2001, other problems, such as the detection of the West Nile Virus in the United States and concerns that the emergence of this infectious agent was the consequence of a deliberate act, raised novel challenges to the combined interests of public health and criminal investigators. In addition to demonstrating both similarities and divergences in the investigative goals and methods used by the disciplines of public health and law enforcement, the events of 2001 highlighted fundamental legal issues related to the conduct of such investigations, including both statutory bases for legal action and safeguards to individual rights and liberties. This paper explores the concept of “forensic epidemiology” in relation to the recent accelerated evolution of the relationships between public health and law enforcement officials during concurrent investigations, as well as selected legal issues arising or implicated in such investigations. We first consider proposed definitions for “forensic epidemiology” and then apply the definitions to past problems potentially illustrative of the definition. We next describe in-progress examples of the application of forensic epidemiology in public health and law enforcement program settings. We conclude by examining selected important legal issues that were identified in the context of a joint training program for law enforcement and public health officials — and have not been well described in the literature — which are important for the future cooperation of these disciplines.