智能型物证管理系统的应用

加强物证保管工作,是推进执法规范化建设的迫切需要,是适应法制建设的迫切需要,是提高我国公安机关执法办案质量的迫切需求。本文针对当前国内刑事科学技术工作中物证保管存在的问题,研究并建立了智能型物证管理系统,对加强新时期刑事科学技术工作具有指导意义。     

Understanding juror perceptions of forensic evidence: investigating the impact of case context on perceptions of forensic evidence strength

The most widely accepted model of juror decision making acknowledges the importance of both the case-specific information presented in the courtroom, as well as the prior general knowledge and beliefs held by each juror. The studies presented in this paper investigated whether mock jurors could differentiate between evidence of varying strengths in the absence of case information and then followed on to determine the influence that case context (and therefore the story model) has on judgments made about the strength of forensic DNA evidence. The results illustrated that mock jurors correctly identified various strengths of evidence when it was not presented with case information; however, the perceived strength of evidence was significantly inflated when presented in the context of a criminal case, particularly when the evidence was of a weak or ambiguous standard. These findings are discussed in relation to the story model, and the potential implications for real juries.     

物证鉴定证据应用层级论

用物证鉴定结论证明犯罪需要经过推理过程,将物证来源鉴定结论转化为嫌疑人行为推论,后者再作为法律事实证明嫌疑人是否有罪。物证鉴定证据应用的递进证明关系,可以用由依次推理关系连接的物证来源结论层、行为推论层和定罪层构成的物证鉴定层级模型描述。该模型可直观表达和评估物证鉴定结论证据应用效力。     

物证鉴定中的物证污染问题

物证污染是影响物证鉴定结果的最重要因素之一,它会损害物证鉴定结论质量甚至造成错误的鉴定结论。随着以法医DNA检验为代表的物证鉴定技术检验灵敏度的提高,物证污染出现的可能性及其造成的危害程度都显著增加。物证污染有多种形式和来源,可能发生在犯罪现场或实验室。采取适当的污染防范措施可以有效降低物证污染发生的可能性,及时监测和发现物证污染可以将污染造成的危害降到最低。     

Weakening forensic science in Spain: from expert evidence to documentary evidence

An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight, and purity of seized drugs. In most cases, experts are spared from appearance before the courts. This is likely to be extended to other forensic fields. After an overview of criminalistic identification in current forensic science, the objectivity and reliability concepts used by jurists and scientists are considered by comparing the paradigm of individualization with that of likelihood. Subsequently, a detailed critical study is made on the above-mentioned Spanish legal reform, and a comparison is made with the decision on the Melendez-Diaz v. Massachusetts case as ruled by the Supreme Court of the United States. Although the reform is in compliance with the Spanish Constitution, it is at odds with science, in particular regarding the logic underpinning the scientific evaluation of evidence.     

Two items of evidence, no putative source: an inference problem in forensic intelligence

Intelligence analysts commonly associate cases on the basis of similarities found in compared characteristics of scientific evidence. The present paper studies some of the inferential difficulties associated with such operations. An analysis is proposed that breaks down the reasoning process into inference to common source, and inference to case linkage. The former requires an approach to the difficulty associated with evaluating the similarities of items of evidence from different cases with no putative source being available. The latter requires consideration to be given to the relevance of evidence. Throughout the paper, probability theory is used to describe the nature of the proposed inferences. Graphical models are also introduced with the aim of providing further insight into the dependence and independence relationships assumed to hold among the various propositions considered. Notions from decision theory are used to discuss ways in which intelligence analysts may assist investigators in deciding whether or not cases should be considered as linked.     

拉曼光谱技术在物证鉴定中的应用

拉曼光谱技术具有不接触样品、不破坏样品、无需样品制备等优点,适用于法庭科学领域不同种类物证的分析.本文综述了拉曼光谱技术在物证鉴定中的应用,并对该技术的发展趋势进行了展望.     

Bayesian networks and the value of the evidence for the forensic two-trace transfer problem*

Forensic scientists face increasingly complex inference problems for evaluating likelihood ratios (LRs) for an appropriate pair of propositions. Up to now, scientists and statisticians have derived LR formulae using an algebraic approach. However, this approach reaches its limits when addressing cases with an increasing number of variables and dependence relationships between these variables. In this study, we suggest using a graphical approach, based on the construction of Bayesian networks (BNs). We first construct a BN that captures the problem, and then deduce the expression for calculating the LR from this model to compare it with existing LR formulae. We illustrate this idea by applying it to the evaluation of an activity level LR in the context of the two-trace transfer problem. Our approach allows us to relax assumptions made in previous LR developments, produce a new LR formula for the two-trace transfer problem and generalize this scenario to n traces.     

Palynology: its position in the field of forensic science

Here we examine the current state of palynology in the field of forensic science. Forensic palynology is discussed with reference to other forensic disciplines to help understand what is required for its progress. Emerging developments are also discussed. Palynomorphs potentially deliver excellent trace evidence, fulfilling the requirements relating to the transfer, persistence, and detection of such evidence. Palynological evidence can provide very powerful investigative and associative evidence. Despite this, the application of palynology to forensic science has had mixed success. There are many anecdotal stories where pollen evidence has had spectacular successes. But it is extremely underutilized in most countries because it is labor-intensive and requires considerable expertise and experience, there is a lack of control over sample collection and inadequate resourcing and funding, and its crime-solving power is not well known. Palynology has been applied to forensic problems in an unstructured way, resulting in a lack of formalized discussion of the underlying principles. As there is renewed questioning of the acceptability of most evidence types in the current legal environment, there is a need for the establishment of palynological evidence through validation-type studies and experimentation, and the implementation of independent proficiency testing.     

Child abduction murder: the impact of forensic evidence on solvability

This study examined 733 child abduction murders (CAMs) occurring from 1968 to 2002 to explore the influence of forensic evidence on case solvability in CAM investigations. It was hypothesized that the presence of forensic evidence connecting the offender to the crime would enhance case solvability in murder investigations of abducted children. This study examined the impact of CAM of different types of forensic evidence and the impact of the summed total of forensic evidence items on case solvability by controlling for victim age, victim race, victim gender, and victim-offender relationship. Time and distance theoretical predictors were also included. Binomial logistic regression models were used to determine whether forensic evidence was a critical solvability factor in murder investigations of abducted children. This research indicated that, while forensic evidence increased case solvability, the impact of forensic evidence on solvability was not as important as other solvability factors examined.     

完善司法鉴定制度是科学证据时代的呼唤

司法鉴定是现代司法证明活动中查明案件事实的一种重要方法和手段.现代司法鉴定是司法证明方法进步的结果和体现.科学技术的进步使司法证明方法发生了两次重大的转变.以物证及其相关的鉴定结论等证据构成的"科学证据",应该成为司法证明最主要的手段.物证虽然是客观实在的,但其自身不能直接证明案件事实,需要人们的认识.司法鉴定是人们认识物证的途径.司法鉴定水平的提高可以帮助发现更多潜在的证据.科学技术是司法鉴定的生命.科学技术的进步是促进司法鉴定发展的最重要因素.司法鉴定制度改革应与审判体制改革相适应.司法鉴定制度改革应与证据法律制度相协调,既要赋予法官对鉴定结论的自由裁量权,又要对司法鉴定制度进行规范.司法鉴定制度改革应以提供"科学证据"为出发点,需要鉴定人出庭、技术方法标准化和建立行业协会等措施.     

The importance of forensic evidence for decisions on criminal guilt

Recent studies have found that the general public perceives forensic evidence to be relatively inaccurate and to involve high levels of human judgement. This study examines how important the general public finds forensic evidence by comparing decisions on guilt and punishment in criminal cases that involve forensic versus eyewitness testimony evidence and examining whether a CSI effect exists. Specifically, this experimental survey study utilized a 2 (crime type: murder or rape) × 4 (evidence type: DNA, fingerprint, victim eyewitness testimony, or bystander eyewitness testimony) ? 1 (no victim testimony for murder scenario) design, yielding seven vignettes scenarios to which participants were randomly assigned. Results indicate that forensic evidence was associated with more guilty verdicts and higher confidence in a guilty verdict. Forensic evidence did not change the expected sentence length and did not generally affect the ideal sentence length. However, for rape, respondents believed that the defendant should receive a longer sentence when forensic evidence was presented but forensic evidence did not alter likely sentence that respondents expected the defendant to receive. The results of this study did not support a CSI effect. Overall, this study suggests that forensic evidence – particularly DNA – has a stronger influence during the verdict stage than the sentencing stage.     

环境扫描电镜在法庭科学中的应用与展望

环境扫描电镜（ESEM）在法庭科学的研究和实践工作中,有着重要的作用,它不仅具有普通扫描电镜的各类功能,还可以调整样品室内的气压和湿度,并且可在环境条件下对二次电子成像,因此,ESEM能够直接观察非导电导热样品表面的超微结构。这些特点使得ESEM在法庭科学中有着广阔的应用前景。     

The forensic deaths caused by pesticide poisoning between the years 2006 and 2009 in Izmir, Turkey

Pesticide poisoning is still a significant health problem in Turkey. We conducted a retrospective study of autopsy cases at Izmir Branch of the Council of Forensic Medicine to describe the characteristics of deaths caused by pesticide poisoning between 2006 and 2009. The distributions of the cases according to gender and age were as follows: men 74.1% (n = 40, mean [±SD] age, 44.7 ± 14.1), women 25.9% (n = 14, mean [±SD] age, 39.2 ± 18.9). The majority of pesticide-poisoning deaths were suicides (n = 43, 80%) followed by accidents (n = 4, 8%) and homicide (n = 1, 2%). The manner of death could not be determined in six cases (11%). Suicides mostly occurred at home (n = 26, 63%) (p < 0.05). Methomyl was the most frequent pesticide (n = 9, 17%) among the all cases. This study reported that most of the pesticides found in poisoning cases were highly hazardous types. Combined efforts of medical professionals and law makers are needed for enacting strict laws against highly hazardous pesticides.     

Perceptions and use of videoconferencing in forensic mental health assessments: A survey of evaluators and legal personnel

ABSTRACT

The use of videoconferencing (VC) to conduct forensic mental health assessments (FMHA) is increasing. Yet, little is known about its acceptability among clinicians or legal professionals. In Study 1 (N?=?156), forensic evaluators were asked about their use of VC, reasons for its use, and opinions about the validity, usefulness, ethics, and legality of its use. An estimated one-third of evaluators have used VC in the past. Although evaluators overall expressed moderate concern over the ethics and legality of use, prior experience appeared to mitigate concerns. Younger practitioners were also more open to using VC. Reduced costs for courts was the most frequently endorsed benefit associated with VC, while restricted ability to administer psychological testing and potential technological problems were seen as the biggest disadvantages. In Study 2 (N?=?27), attorneys and judges were surveyed about frequency with which they encounter VC for FMHA and their perceptions about the validity of those assessments. Findings indicated legal personnel expressed rather negative views without having much first-hand experience of VC, including concerns about establishing rapport and technical difficulties. These studies have implications for whether VC will be adopted more frequently in FMHA.     

毒物代谢动力学研究在法庭科学中的应用

随着法庭科学的发展以及近年来涉及毒品、毒物等中毒案件的增加,许多研究者对毒物代谢动力学进行研究,并取得了一定的成果.本文综述毒物代谢动力学研究及其在法庭科学中的应用状况,概要介绍毒物代谢动力学的研究现状、研究方法及研究成果,以期为相关研究及实践提供参考和借鉴.     

表型信息SNPs在法医学中的研究进展

单核苷酸多态性(single nucleotide polymorphism,SNP),是指人群中正常个体基因组中单个碱基的变异,而能够提供个体表型信息的SNPs(phenotype informative SNPs,PISNPs)对法医学实践有重要意义。本文对PISNPs的基本概念、研究方法和其在法医学中的应用进展进行综述,并对如何加强PISNPs在法医学方面的应用提出了几点看法。     

法医物证学miRNA分析的研究进展

在种属和体液鉴定及降解检材等特殊案件的分析时,转录水平的miRNA所具有的生物属性及表达特点,使其能够发挥基因组DNA所不具备的价值。本文通过概述法医物证学miRNA研究的现状,对法医miRNA分析的研究策略和法医物证学应用前景进行了综述,以期为法医miRNA分析的应用研究提供借鉴。     

环状RNA在法医学中的应用

随着分子生物学性质和功能的日渐深入,RNA在法医学的体液鉴别,血迹形成时间、损伤时间及死亡时间的推断,死亡原因分析等方面的作用受到了广大法医学者的重视,逐渐成为目前法医学应用研究的热点之一。近年来,环状RNA在法医学中表现出广泛的应用前景。本文对环状RNA在法医学中可应用的范围进行综述,并对其未来的前景进行了展望。