英国法庭科学服务部的市场化变迁及其启示

英国法庭科学服务部市场化发展历史体现出竞争性市场有利于提升效率和为买方节约成本，这说明纯公益性刑事司法服务的某些法庭科学服务项目是可以市场化的；但其最终因超高的营运成本被迫关闭也说明商品化的服务市场承载不了法庭科学全面发展所需要的科学性要求。英国采用价格竞争的方式将法庭科学服务市场化，相比之下，真正的竞争性在中国当前的司法鉴定制度下却不存在，对司法鉴定制度进行改革已经刻不容缓。     

A forensic visual aid: Traces versus knowledge

In this paper, I introduce the Forensic Field Map (FFM) that provides a two-dimensional view on the forensic field. This field is by definition very broad, encompassing a wide range of scientific areas and activities. The forensic work that supports solving criminal cases ranges from recognizing and preserving traces at crime scenes to explaining forensic results as expert witness in court. This goes hand in hand with the development of scientifically based methods and tooling as well as legal, forensic and laboratory procedures. Although the FFM came into being while developing a (visual) framework for digital forensic investigations, the framework turned out to be generically applicable to other forensic disciplines.     

The distinction between discriminability and reliability in forensic science

Forensic science plays an increasingly important role in the criminal justice system; yet, many forensic procedures have not been subject to the empirical scrutiny that is expected in other scientific disciplines. Over the past two decades, the scientific community has done well to bridge the gap, but have likely only scratched the tip of the iceberg. We offer the discriminability-reliability distinction as a critical framework to guide future research on diagnostic-testing procedures in the forensic science domain. We argue that the primary concern of the scientist ought to be maximizing discriminability and that the primary concern of the criminal justice system ought to be assessing the reliability of evidence. We argue that Receiver Operating Characteristic (ROC) analysis is uniquely equipped for determining which of two procedures or conditions has better discriminability and we also demonstrate how estimates of reliability can be extracted from this Signal Detection framework.     

How to regulate forensic familial DNA searching in Hungary?

Forensic DNA analysis has the potential to provide useful information for criminal justice even in cases where there is no match, neither between the DNA profile generated from the crime scene and the existing DNA profiles in criminal databases, nor between the DNA collected at a crime scene and potential suspects. In contrast to traditional forensic genetic testing, forensic familial DNA searching does not provide evidence, but helps to generate investigative leads and narrow down the range of potential offenders. The aim of this study is to examine, whether there is a need for special regulation of this topic in Hungary.     

Wrongful convictions and claims of false or misleading forensic evidence

The results are reported of a study to examine case factors associated with 732 wrongful convictions classified by the National Registry of Exonerations as being associated with “False or Misleading Forensic Evidence.” A forensic error typology has been developed to provide a structure for the categorization and coding of factors relating to misstatements in forensic science reports; errors of individualization or classification; testimony errors; issues relating to trials and officers of the court; and evidence handling and reporting issues. This study, which included the analysis of 1391 forensic examinations, demonstrates that most errors related to forensic evidence are not identification or classification errors by forensic scientists. When such errors are made, they are frequently associated with incompetent or fraudulent examiners, disciplines with an inadequate scientific foundation, or organizational deficiencies in training, management, governance, or resources. More often, forensic reports or testimony miscommunicate results, do not conform to established standards, or fail to provide appropriate limiting information. Just as importantly, actors within the broader criminal justice system—but not under the purview of any forensic science organization—may contribute to errors that may be related to the forensic evidence. System issues include reliance on presumptive tests without confirmation by a forensic laboratory, use of independent experts outside the administrative control of public laboratories, inadequate defense, and suppression or misrepresentation of forensic evidence by investigators or prosecutors. In approximately half of wrongful convictions analyzed, improved technology, testimony standards, or practice standards may have prevented a wrongful conviction at the time of trial.     

Peer‐Reviewed Forensic Consultation in Practice: Multidisciplinary Oversight in Common Expertise

The fallibility of forensic science consultation is an ongoing and major justice concern. Prospective peer‐reviewed forensic consultation has over 10 years of application in American criminal and civil courts, adapting from the traditional oversight of teaching hospitals, rules of evidence and discovery, conventions of testimony of expert witnesses, and attorneys' overall trial strategy. In systematizing heightened oversight, this process ensures greater accountability in forensic science consultation. The integration of peer reviewers' complementary expertise and experience enhances the sophistication and overall quality of assessment. Forensic examination frequently involves the interface of different specialties. Multidisciplinary peer review augments expert proficiency with that of professional peers having different vantage points from relevant scientific disciplines. This approach ensures greater sophistication of a case inquiry, built‐in accountability, and streamlined processes when multiple experts are necessitated. Here, the authors present examples of several cases and the primary and secondary benefits of this collaborative, rigorous, cross‐disciplinary exercise.     

Interdisciplinary approaches to the teaching of forensic science in the Forensic Science Undergraduate Program of the National Autonomous University of Mexico,before and after COVID-19

In 2013, the Forensic Science Undergraduate Program (FSUP) at the National Autonomous University of Mexico was created in response to an alarming criminal situation in Mexico, as well as to the radical reform of its criminal justice system. Its mission is to educate and train ethical, critical, and humanistic forensic scientists capable of conducting inquiries that meet scientific quality standards and assist the justice system in firmly linking legal rulings to the available evidence. At the time, it was the first such program in the country, and the contributions that interdisciplinary forensic scientists could make to criminal investigations were largely unknown among forensic and legal practitioners. During its existence, providing an interdisciplinary, competence-based education to students has been one of the main challenges. To overcome it, teaching and assessment approaches—centered on the achievement of specifically forensic competencies as learning outcomes and the integration of forensic disciplines towards the resolution of simulated cases—have been devised to help develop the professional skill set expected of graduates. The COVID-19 pandemic led to adapting these approaches to distance or hybrid modes of learning, increasing their versatility and enriching the pedagogic repertoire of the FSUP. Currently, the main impact of the program lies in the successful incorporation of some of its graduates to agencies belonging to or related to the criminal justice system, such as the National Prosecutor’s Office, the Commission for Truth and Justice for the Ayotzinapa Case, and the National Commission for the Search of Missing and Disappeared Persons, among others.     

Nature and place of crime scene management within forensic sciences

This short paper presents the preliminary results of a recent study aimed at appreciating the relevant parameters required to qualify forensic science as a science through an epistemological analysis. The reader is invited to reflect upon references within a historical and logical framework which assert that forensic science is based upon two fundamental principles (those of Locard and Kirk). The basis of the assertion that forensic science is indeed a science should be appreciated not only on one epistemological criteria (as Popper's falsification raised by the Daubert hearing was), but also on the logical frameworks used by the individuals involved (investigator, expert witness and trier of fact) from the crime scene examination to the final interpretation of the evidence. Hence, it can be argued that the management of the crime scene should be integrated into the scientific way of thinking rather than remain as a technical discipline as recently suggested by Harrison.     

Hyperspectral imaging in forensic science: An overview of major application areas

Analysis of evidence is a challenge. Crime scene materials are complex, diverse, sometimes of an unknown nature. Forensic science provides the most critical applications for their examination. Chemical tests, analytical methods, and techniques to process the evidence must be carefully selected by the forensic scientist. Ideally, it may be interpreted, analyzed, and judged in the original context of the crime scene. In this sense, hyperspectral imaging (HSI) has been employed as an analytical tool that maintains the integrity of the samples/objects for multiple and sequential analysis and for counter-proof exams. This paper is an overview of forensic science trends for the application of HSI techniques in the last ten years (2011–2021). The examination of documents was the main area of exploration, followed by bloodstain analysis aging process; trace analysis of explosives and gunshot residue. Chemometric tools were also addressed since they are crucial to obtain the most important information from the samples. There are great challenges in applying HSI in forensic science, but there have been clear technological and scientific advances, and a solid foundation has been built for the use of HSI in real-life cases.     

A review of quality procedures in the UK forensic sciences: What can the field of digital forensics learn?

With a reliance on the various forms of forensic science evidence in complex criminal investigations, the measures for ensuring its quality are facing increasing scrutiny. Improvements to quality management systems, to ensure both the robust application of scientific principles and the accurate interpretation and reporting of results, have arisen as a consequence of high-profile rebuttals of forensic science evidence, combined with process improvements driven by evaluation of current practice. These improvements are crucial to ensure validity of results as well as providing assurance for all those involved in the Criminal Justice System. This work first examines the quality management systems utilised for the examination and analysis of fingerprint, body fluid and DNA evidence. It then proceeds to highlight an apparent lack of comparable quality assurance mechanisms within the field of digital forensics, one of the newest branches of forensic science. Proposals are provided for the improvement of quality assurance for the digital forensics arena, drawing on the experiences of, and more well-established practices within, other forensic disciplines.     

On the added value of forensic science and grand innovation challenges for the forensic community

In this paper the insights and results are presented of a long term and ongoing improvement effort within the Netherlands Forensic Institute (NFI) to establish a valuable innovation programme. From the overall perspective of the role and use of forensic science in the criminal justice system, the concepts of Forensic Information Value Added (FIVA) and Forensic Information Value Efficiency (FIVE) are introduced. From these concepts the key factors determining the added value of forensic investigations are discussed; Evidential Value, Relevance, Quality, Speed and Cost. By unravelling the added value of forensic science and combining this with the future needs and scientific and technological developments, six forensic grand challenges are introduced: i) Molecular Photo-fitting; ii) chemical imaging, profiling and age estimation of finger marks; iii) Advancing Forensic Medicine; iv) Objective Forensic Evaluation; v) the Digital Forensic Service Centre and vi) Real time In-Situ Chemical Identification. Finally, models for forensic innovation are presented that could lead to major international breakthroughs on all these six themes within a five year time span. This could cause a step change in the added value of forensic science and would make forensic investigative methods even more valuable than they already are today.     

《加强美国法庭科学之路》的反响和启示

美国科学院国家研究顾问委员会2009年2月发布的《加强美国法庭科学之路》明确指出目前美国法庭科学领域的很多学科存在严重缺陷,不能很好地为司法审判服务。本文通过对该报告出台背景和一年多来的争论和反响进行分析,对其披露的问题和提出的建议进行了详细解读。目前其主要争议存在于设立独立的国家法庭科学研究院和隔离法庭科学机构与执法...     

Forensic anthropology in the global investigation of humanitarian and human rights abuse: Perspective from the published record

Forensic anthropologists have played key roles in the historical development of forensic science applications to global humanitarian and human rights issues. These anthropological initiatives can be traced back to the Smithsonian seminar organized by T. D. Stewart in 1968 and published in 1970. Key developments include the 1984 delegation sent by the American Association for the Advancement of Science to Argentina and the formation of the Argentine Forensic Anthropology Team. Subsequent highlights include major anthropological involvement in support of investigations by international criminal tribunals, formation of forensic anthropology teams in different countries and activities of the International Commission of Missing Persons and the forensic unit of the International Committee of the Red Cross. Recent developments feature the formation of the Humanitarian and Human Rights Resource Center of the American Academy of Forensic Sciences and its support of worthwhile projects in many countries. The published record provides historical perspective on these developments.     

Fire investigation and ignitable liquid residue analysis--a review: 2001-2007

Next to natural disasters fires cause some of the greatest losses to property and human life around the world. Arson, the deliberate setting of a fire to destroy property or to take a human life, is one of the most difficult crimes to investigate because much of the evidence at the scene is destroyed by the fire. Fortunately, the science of fire investigation is not static and more information to help investigators determine the origin and cause of a fire through careful examination of the scene and laboratory analysis of fire debris is published every year. This review article provides an overview of the scientific literature describing research and best practices in the fields of fire scene investigation as well as ignitable liquid residue analysis. This review is a compilation of articles published between late 2001 and early 2007. Conference proceedings for which full papers have not been published were intentionally excluded from this review. Some of the information contained in this review was presented at the 14th Interpol Forensic Science Symposium held in Lyon, France in October 2004.     

中世纪欧洲法医学溯源

法医学是应用病理学、生物学、生物化学和其他医学科学理论和技能解决法律问题,为侦查和审判提供证据的科学。法医学学科属性是医学,其目的是解决法律问题,因而法医学同时具有自然科学和人文科学属性。现今,我们对于法医学的研究往往局限在自然科学领域,而对其人文学科属性却有所忽视。当代西方法医学起源自中世纪的欧洲大陆,当时罗马法和教会法占统治地位,它们没有设立陪审团制度,而且允许对嫌疑人进行刑讯逼供,而英美法系的司法审判程序设立了陪审团制度。在这两种司法体制下,法医医学证言、证词逐步形成了两种形式：英美法系控诉式诉讼体制下的言辞证据形式和罗马法诉讼中纠问体制下的书证形式。本文将对中世纪欧洲的法医学进行溯源研究,从欧洲法医学的起源和发展角度,完善法医学史研究内容,为世界法医学史比较研究提供借鉴。     

法证科学领域的决策

随着法证DNA证据以及它所适用的概率模型日益凸显,反映了传统法证科学的局限性,并使人们对法证科学领域的决策产生了越来越多的质疑,焦点集中在对结论的解读方式和实际运用。分析表明,科学证据的本质不是绝对性或确定性的,而是概率性的;同时,事实审判者需要基于这些概率性的证据对事实作出明确的决定。因此,对于法证科学领域的决策,应当是专家在一系列归纳得出的特定假设基础上,就研究结果的概率进行恰当的报告,由事实审判者承担对概率作出决断的任务。     

Why teach crime scene management to forensic university students?

Despite enhanced forensic collaborations between law enforcement agencies and universities, crime scene management remains a domain seen more as technical than scientific, largely carried out by sworn police officers qualified as scene of crime officers (SOCOs), confining forensic graduates to specialized expertise fields. Under such circumstances, we must ask ourselves why and how do we provide a generalised dedicated course to academic pupils who are not primarily intended to join such teams, excepting sometimes to assist them on a specialized field (explosion, arson, etc.)?Currently in Quebec, forensic graduates cannot join crime scene units attached to police forces, mainly because of unions, which argue about the need to be an experienced police officer before qualifying for a crime scene course.Based on the operational experience of the author, who created the foundational graduate forensic programme in Quebec, Canada, this paper will explain why such an academic course is still of high importance, its rationale within an academic curriculum, its goal and its implementation. Challenges are still to be considered, but selected feedback from students who understood that the aim of this course is distinct from their formal support disciplines, encourage such an approach.     

A cultural change to enable improved decision-making in forensic science: A six phased approach

There has been an increased engagement by researchers in understanding the decision-making processes that occur within forensic science. There is a rapidly growing evidence base underpinning our understanding of decision-making and human factors and this body of work is the foundation for achieving truly improved decision-making in forensic science. Such an endeavour is necessary to minimise the misinterpretation of scientific evidence and maximize the effectiveness of crime reconstruction approaches and their application within the criminal justice system. This paper proposes and outlines a novel six phased approach for how a broadening and deepening knowledge of decision-making in forensic science can be articulated and incorporated into the spheres of research, practice, education, and policy making within forensic science specifically, and the criminal justice system more generally. Phases 1 and 2 set out the importance of systematic examination of the decisions which play a role throughout forensic reconstruction and legal processes. Phase 3 focuses on how these decisions can, and should, be studied to understand the underlying mechanisms and contribute to reducing the occurrence of misleading decisions. Phase 4 highlights the ways in which the results and implications of this research should be communicated to the forensic community and wider criminal justice system. Lastly, the way in which the forensic science domain can move forwards in managing the challenges of human decision-making and create and embed a culture of acceptance and transparency in research, practice and education (learning and training) are presented in phases 5 and 6. A consideration of all 6 connected phases offers a pathway for a holistic approach to improving the transparency and reproducibility of decision making within forensic science.     

Chapter 1: The Subject and Functions of Forensic Psychiatry

Forensic psychiatry is a science closely associated with philosophy and the legal and medical disciplines. It is inseparable from general psychiatry, but has its own particular functions. Forensic psychiatry, conceived as a branch of Soviet public health, is at the service of Soviet justice and is a contributing factor in — and, indeed, has as one of its chief tasks — the consolidation of socialist legality. In evaluating the mental condition of the accused in a criminal case, forensic psychiatrists must not only diagnose mental illness and treat the patient: they must also determine the extent to which the existing medical disorders affect the individual's ability to account for and govern his actions. In an examination of a convicted person, his ability to serve out his sentence is weighed. In determining a person's competence in a civil action, his "capacity to conduct his affairs rationally" is ascertained.