Forensic Facial Comparison: Issues of Admissibility in the Development of Novel Analytical Technique

Much contemporary debate in forensic science concerns validity and admissibility of scientific evidence in court. In this paper, three current approaches to facial identification—image superimposition, photogrammetry, and morphological analysis—are considered with regard to criteria for scientific evidence in the United States, and England, and Wales. The aim of the paper is to assess the extent to which facial image comparison meets criteria of admissibility in these jurisdictions. The method used is a comparative evaluation of the methods of facial image comparison and their underlying premises against the range of admissibility criteria reported in court rulings and relevant judicial and scientific inquiries in the United States and the United Kingdom. While the techniques of facial image comparison are generally accepted within their practitioner communities, they are not tested, and their error rates are unknown. On that basis, the methods of facial image comparison would appear not to meet the anticipated standards. They are, nevertheless, admitted in court in the United States, and England, and Wales. This paper concludes that further research in science and law will be necessary to more definitively establish admissibility of facial image comparison evidence, as it will for other nascent and novel methods that are potentially influential in court proceedings.     

视听资料的证据能力及采信规则

视听资料在我国是一种独立的证据种类 ,它对民事案件过程的再现具有其他证据种类无法比拟的特性。但是 ,视听资料本身又包含有易被伪造、篡改的先天不足 ,瑕疵视听资料 (包括非法视听资料 )的证据能力该如何判断 ?视听资料在司法实践中的采信规则该如何把握 ?等问题 ,都是我们要面对且亟待解决的课题。本文主要就视听资料的证据能力及采信规则进行一番探讨 ,以为今后建立视听资料的有关具体制度作一些理论上的准备     

科学证据可采性标准的认识论反思与重构

科学证据的可采性是指是采纳某一科学证据作为证明某一事实的标准或条件。目前我国还没有建立明确的科学证据可采性标准,而在科学证据研究最发达的英美国家,科学证据可采性标准中的一些基本要素也是纠缠不清的。通过对科学证据可采性标准的历史考察和认识论反思,并根据科学证据在真相发现中的功能,可以尝试从内在属性和外在属性两个方面来审视科学证据可采性的结构。科学证据可采性的标准主要包括：科学证据本身的科学有效性、可靠性、科学相关性以及科学专家的可信性等。     

Testing the reliability of frontal sinuses in positive identification

The use of frontal sinus radiographs in positive identification has become an increasingly applied and accepted technique among forensic anthropologists, radiologists, and pathologists. From an evidentiary standpoint, however, it is important to know whether frontal sinus radiographs are a reliable method for confirming or rejecting an identification, and standardized methods should be applied when making comparisons. The purpose of the following study is to develop an objective, standardized comparison method, and investigate the reliability of that method. Elliptic Fourier analysis (EFA) was used to assess the variation in 808 outlines of frontal sinuses by calculating likelihood ratios and posterior probabilities from EFA coefficients. Results show that using EFA coefficient comparison to estimate the probability of a correct identification is a reliable technique, and EFA comparison of frontal sinus outlines is recommended when it may be necessary to provide quantitative substantiation for a forensic identification based on these structures.     

美国行政证据的可采性——兼论我国相关规则的建构

美国行政证据的可采性标准具有多元性,其具体规则主次分明、相互关联,呈现出花开多枝、多姿多态的总体表征.我国行政证据可采性规则的独立建构应放弃建立单一标准的思路,而应当多层次立法,尝试具体规定以相对人主观因素为证明对象的证据排除规则、传闻证据排除规则、案卷排他性原则和品格证据排除规则在一定范围内的适用,以确立灵活多元的可...     

美国行政证据的可采性——兼论我国相关规则的建构

美国行政证据的可采性标准具有多元性,其具体规则主次分明、相互关联,呈现出花开多枝、多姿多态的总体表征。我国行政证据可采性规则的独立建构应放弃建立单一标准的思路,而应当多层次立法,尝试具体规定以相对人主观因素为证明对象的证据排除规则、传闻证据排除规则、案卷排他性原则和品格证据排除规则在一定范围内的适用,以确立灵活多元的可采性标准。     

论科学证据的采信——以“认知”与“评价”为视角的观察与反思

科学证据采信的疑难在于认知因素与评价因素的综合影响。通过对科学证据特有的＂认知—评价＂结构分析和比较科学证据采信中的＂认知＂因素与＂评价＂因素,科学证据采信疑难的症结在于,科学认知与经验认知、专家评价与裁判者评价、认知与评价之间的差异所导致的不同思维方法、评价标准之间的张力。对裁判者采信科学证据特有的＂认知过程与评价过程＂进行分析,澄清理论上的疑惑和为裁判者采信科学证据提供清晰的思路。对科学证据采信的主体要素、标准要素和程序要素进行检讨和反思,构建我国科学证据采信机制。     

Identification by frontal sinus pattern in forensic anthropology

The authors report forensic cases from the literature, as well as two personal homicide cases, of identification through comparison of frontal sinus radiographs. A general discussion about identification using frontal sinus X-rays is presented, pointing out the reliability of the method, in reference to the uniqueness of the frontal sinus in humans, but also some difficulties, especially in reference to the distance, orientation and angle of the X-ray technique.     

Common EU Minimum Standards for Enhancing Mutual Admissibility of Evidence Gathered in Criminal Matters

The EU, while developing instruments for evidence-gathering in criminal matters, is not making much of an effort to enhance its admissibility. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility of adopting minimum rules concerning, among other things, the mutual admissibility of evidence, this paper is dedicated to verifying whether it is feasible to achieve various common EU minimum standards for evidence-gathering.     

利用额窦影像进行个体识别的研究进展

鉴于额窦不规则气腔形态的高度特异性、成熟后形态不变的稳定性以及放射学技术在临床的广泛应用,额窦影像已成为法医学个体识别的重要研究对象。利用额窦影像进行个体识别已具有法庭意义。当DNA和指纹等传统个体识别方法应用受限或无法有效进行,或缺乏相应的牙科记录等情况时,额窦影像对比是有效的个体识别替代方法。多种影像资料都可用于额窦的个体识别,以人工视觉观测分析为主要方式,受专业性要求高、效率低及应用范围小等限制,无法有效应用于大型灾难等情况。近年来,一些计算机图像识别技术被应用于额窦影像的识别中,能显著提高识别的效率,有望克服人工识别效率低等应用困难。本研究对额窦影像用于法医学个体识别的报道进行总结,以回顾额窦影像用于个体识别的研究进展,为额窦影像的进一步研究提供参考,为探索及建立一套更加快捷、高效及准确的个体识别方法提供思路。     

Of earprints, fingerprints, scent dogs, cot deaths and cognitive contamination--a brief look at the present state of play in the forensic arena

Over the last decades, the importance of technical and scientific evidence for the criminal justice system has been steadily increasing. Unfortunately, the weight of forensic evidence is not always easy for the trier of fact to assess, as appears from a brief discussion of some recent cases in which the weight of expert evidence was either grossly over- or understated. Also, in recent years, questions surrounding the value of forensic evidence have played a major role in the appeal and revision stages of a number of highly publicized criminal cases in several countries, including the UK and the Netherlands. Some of the present confusion is caused by the different ways in which conclusions are formulated by experts working within the traditional approach to forensic identification, as exemplified by (1) dactyloscopy and (2) the other traditional forensic identification disciplines like handwriting analysis, firearms analysis and fibre analysis, as opposed to those working within the modern scientific approach used in forensic DNA analysis. Though most clearly expressed in the way conclusions are formulated within the diverse fields, these differences essentially reflect the scientific paradigms underlying the various identification disciplines. The types of conclusions typically formulated by practitioners of the traditional identification disciplines are seen to be directly related to the two major principles underpinning traditional identification science, i.e. the uniqueness assumption and the individualization principle. The latter of these is shown to be particularly problematic, especially when carried to its extreme, as embodied in the positivity doctrine, which is almost universally embraced by the dactyloscopy profession and allows categorical identification only. Apart from issues arising out of the interpretation of otherwise valid expert evidence there is growing concern over the validity and reliability of the expert evidence submitted to courts. While in various countries including the USA, Canada and the Netherlands criteria have been introduced which may be used as a form of input or output control on expert evidence, in England and Wales expert evidence is much less likely to be subject to forms of admissibility or reliability testing. Finally, a number of measures are proposed which may go some way to address some of the present concerns over the evaluation of technical and scientific evidence.     

Modelling and refinement of forensic data acquisition specifications

This paper defines a model of a special type of digital forensics tools, known as data acquisition tools, using the formal refinement language Event-B. The complexity and criticality of many types of computer and Cyber crime nowadays combined with improper or incorrect use of digital forensic tools calls for more robust and reliable specifications of the functionality of digital forensics applications. As a minimum, the evidence produced by such tools must meet the minimum admissibility standards the legal system requires, in general implying that it must be generated from reliable and robust tools. Despite the fact that some research and effort has been spent on the validation of digital forensics tools by means of testing, the verification of such tools and the formal specification of their expected behaviour remains largely under-researched. The goal of this work is to provide a formal specification against which implementations of data acquisition procedures can be analysed.     

Skeletal identification using the frontal sinus region: a retrospective study of 39 cases

The importance of identification using the frontal sinus has been previously demonstrated in case reports. In this study, 39 cases of identification using frontal sinus comparison from the Ontario Chief Coroner's Office were reviewed and differences between antemortem and postmortem radiographs examined. All cases involved decedents older than twenty years. Three cases were rejected due to poor antemortem and postmortem film quality. One subject had no frontal sinus. Thirty-five cases provided conclusive postmortem to antemortem pattern matches. Sixteen cases also yielded metric (quantitative) matches. Duration between antemortem and postmortem radiographic examinations, age, gender, and cause of death did not affect the ability to obtain a match. This is the largest study undertaken on actual cases and demonstrates the validity of frontal sinus pattern matching for forensic identification.     

A New Digital Method for the Objective Comparison of Frontal Sinuses for Identification*

Abstract: Use of the frontal sinuses for identification requires an objective method of comparison to meet Daubert standards. Christensen’s application of Elliptical Fourier Analysis and Likelihood Ratios seems to be a viable solution for this problem. The proposed method draws upon this work and attempts to simplify its application. Variation between pairs of digitized sinus tracings was quantified by summing the difference between corresponding measurements taken from a fixed origin to the outer edge of the sinus outlines using Adobe Photoshop^® CS2. Same‐skull and different‐skull pairs were used to develop reference distributions from which the probability of unknown pairs coming from the same or a different individual was estimated. Error rates of 0% were achieved. Resulting correlation coefficients demonstrated inter‐rater and test–retest reliability. Further refinement of the reference distributions and more rigorous testing of error rates should make this technique applicable to casework.     

EVIDENTIARY ISSUES WITH PARENTAL ALIENATION SYNDROME

Expert testimony on unsubstantiated social science syndromes such as the Parental Alienation Syndrome (PAS) has been increasingly admitted in courtrooms across the United States. This is a problem because a trier of fact is making a determination based on theories that are inaccurate or incorrect. To remedy this, the standards of admissibility for expert testimony must be heightened. The broad discretion given to trial judges in determining admissibility should be reevaluated and a new rule of evidence for social science testimony should be adopted.     

Frontal sinuses for identification: quality of classifications, possible error and potential corrections

Many studies have examined the characteristics of the frontal sinuses and their use for forensic purposes, particularly when an individual is edentulous. One of the most widespread classification systems is that proposed by Yoshino et al. The aim of this study was to improve the performance of Yoshino's method for identifying unknown skeletal remains by replacing the first two morphological items, frontal sinus size and bilateral asymmetry, by SOR1 = left frontal sinus area/left orbit area, and SOR2 = right frontal sinus area/right orbit area. According to the bivariate distribution of SOR = (SOR1, SOR2) and available data, we also estimated the probability of positive misclassification.     

The over-citation of Daubert in forensic anthropology

The 1993 US Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals, Inc. presented new guidance for the judicial assessment of expert witness evidence and testimony in the determination of admissibility. Despite the rarity of admissibility challenges to forensic anthropology evidence, Daubert is frequently cited in published forensic anthropology research. This study undertook a qualitative thematic analysis of forensic anthropology articles published in the Journal of Forensic Sciences to assess why authors continue to cite Daubert and express concerns over potential exclusion. The results show a significant increase in the number of articles that cite legal admissibility standards over time (p < 0.001). Authors frequently cite these standards to contextualize their results within the Daubert framework or to justify the need for their research. Notably, many articles present Daubert as a constraining force, misinterpreting the guidelines as rigid criteria or that they require methods to be strictly quantitative. However, Daubert was intended to be a flexible tool for judges—not a standard or instruction for scientists. While it was reasonable to reflect on the scientific rigor of methods in the wake of the Daubert decision, a new perspective is warranted in which forensic anthropologists shift their focus from trying to “satisfy” admissibility guidelines to adopting quality assurance measures that minimize error and ensure confidence in analytical results, and developing and using methods that are grounded in good science—which is important regardless of whether or not the results are ever the subject of a trial.     

Forensic hair morphology comparison--a dying art or junk science?

There has been debate in both the judicial and forensic fields concerning the admissibility and reliability of the so-called forensic comparison sciences such as handwriting, tool mark analyses, and hair analysis. In particular, there has been increasing controversy over the use and interpretation of hair comparison evidence and it has been held partly responsible for miscarriages of justice. There has also been a perceived devaluation of the worth of microscopic human hair analysis particularly since the advent of DNA profiling. This article will attempt to initiate discussion on the past, current and future role of forensic human hair analysis and comparison.     

确立我国刑事诉讼证据可采性规则体系的新思考

刑事诉讼证据可采性规则是英美法系中重要的证据规则。从完善证据立法、推进司法改革的角度 ,我们应当确立具有中国特色的刑事诉讼证据可采性规则体系 ,该体系应当由不可采规则、有限可采规则、附条件可采规则和完全可采规则构成     

国际法院解决领土争端中的关键日期问题——中日钓鱼岛列屿争端关键日期确定的考察

国际法院在解决领土争端的实践中,基于国家主权平等的要求,坚持当事方提供证据自由原则。但是,这并不意味着其不加甄别地采纳所有的证据。鉴于领土争端案件的复杂性和重要性,国际法院针对个案特殊情况,对证据可采性隐含适用了一些限制条件。关键日期一般决定着证据的可采性。对于在关键日期之后当事方的行为,国际法院通常不予考虑,除非该行为是先前行为的正常继续。而且,国际法院强调,在关键日期之后的当事方提供的利己证据,同样不具有可采性,并不存在分量大小的问题。关键日期证据排除规则对于解决钓鱼岛列屿争端具有重要意义。在关键日期之后,日本为了巩固对我国钓鱼岛列屿主权要求而采取的利己措施或试图取得有效统治之证据不具有可采性。