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Review
. 2023 Jul 5;34(7):1210-1224.
doi: 10.1021/jasms.3c00124. Epub 2023 Jun 5.

Forensic Mass Spectrometry: Scientific and Legal Precedents

Glen P Jackson  1   2 , Mark A Barkett  3
Affiliations
Review

Forensic Mass Spectrometry: Scientific and Legal Precedents

Glen P Jackson et al. J Am Soc Mass Spectrom. .

Abstract

Mass spectrometry has made profound contributions to the criminal justice system by providing an instrumental method of analysis that delivers exquisite analytical figures of merit for a wide variety of samples and analytes. Applications include the characterization of trace metal impurities in hair and glass to the identification of drugs, explosives, polymers, and ignitable liquids. This review describes major historical developments and, where possible, relates the developed capabilities to casework and legal precedents. This review also provides insight into how historical applications have evolved into, and out of, modern consensus standards. Unlike many pattern-based techniques and physical-matching methods, mass spectrometry has strong scientific foundations and a long history of successful applications that have made it one of the most reliable and respected sources of scientific evidence in criminal and civil cases. That said, in several appellate decisions in which mass spectrometric evidence was challenged but admitted, decisions sometimes still went against the mass spectrometric data anyway, which goes to show that mass spectrometric evidence is always just one piece of the larger legal puzzle.

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Conflict of interest statement

The authors declare no competing financial interest.

Figures

Figure 1
Figure 1
In 1950, Alfred O. Nier developed this portable mass spectrometer for real-time monitoring of exhaled gases from the trachea of patients under anesthesia. The peripherally related legal matter ruled in favor of the U.S. Tax Court that a medical fellow on the project should have reported his fellowship award as taxable income. Reproduced with permission from ref (6). Copyright 1950 American Society of Thoracic Surgery.
Figure 2
Figure 2
Total ion chromatogram of a urine extract showing Darvon (peak F) and various metabolites. Reproduced with permission from ref (36).(36) Copyright 1970 Springer Nature.
Figure 3
Figure 3
Extracted ion profiles for APCI-MS chromatograms of bromine isotopes at m/z 79 and 81 to show the exposure of children to the flame-retardant Tris-BP through urinalysis of the metabolite 2,3-dobromopropanol (Peak A) after their pajamas had been laundered for ∼5 months. Peak B is an internal standard. Figure adapted with permission from ref (57). Copyright 1978 The American Association for the Advancement of Science.
Figure 4
Figure 4
Mass spectra of delta-8-THC (top) and delta-9-THC (bottom) to show that only the delta-8 isomer undergoes the retro-Diels–Alder rearrangement (j) to form the fragment at m/z 246. Adapted with permission from refs (22) and (87). Copyright 1965 Elsevier and 1987 Wiley Periodicals, Inc., respectively.
Figure 5
Figure 5
R. M. Smith’s casework sample of residues in a crack in concrete flooring from a structure fire in 1982. Reproduced from ref (102). Copyright 1982 American Chemical Society.
Figure 6
Figure 6
Examples of mass pyrograms of different colored acrylic car paints. Reproduced with permission from ref (190). Copyright 1977 Elsevier.
See this image and copyright information in PMC

References

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    1. In re Washburn. United States Court of Customs and Patent Appeals, 182 F.2d 202; 1950 CCPA LEXIS 258: 1950.

    1. Nier A. O.; Abbott T. A.; Pickard J. K.; Leland W. T.; Taylor T. I.; Stevens C. M.; Dukey D. L.; Goertzel G. Recording mass spectrometer for process analysis. Anal. Chem. 1948, 20 (3), 188–192. 10.1021/ac60015a002. - DOI
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