司法会计鉴定事项探讨

司法鉴定事项具有专业性、规范性和特定性,也是制定司法会计鉴定技术标准时必须规范的基本内容。以司法鉴定的理论框架为基础,根据会计专门性问题的技术特征,结合司法会计鉴定实践,对司法会计鉴定事项进行理论探讨,是当前建构司法鉴定标准体系中的应有之义。     

Radiographic Identification Using Midline Medical Sternotomy Wires,

Forensic anthropologists are regularly asked to assist with the identification of unknown individuals using comparative medical radiography. This study addressed the use of midline medical sternotomy wires as a means for personal identification. Antemortem and postmortem radiographic comparisons were completed by 46 professional forensic anthropologists and anthropology graduate students familiar with comparative medical radiography as a technique for assessing identification. Participants were asked to make five radiographic matches from a pool of 20 radiographs. Participants also completed an anonymous survey detailing their education level and experience making radiographic comparisons. Participants were 99.5% accurate in matching the radiographs. Sensitivity was 98.7%, and specificity was 99.7%. Logistic regression analysis found no statistically significant differences in the participants' ability to make a correct match. As the high accuracy rates indicate, the shape, size, and various characteristics of the sternotomy wires are individualizing and can confidently be used when assisting with personal identification cases.     

Accuracy Rates of Ancestry Estimation by Forensic Anthropologists Using Identified Forensic Cases

A common task in forensic anthropology involves the estimation of the ancestry of a decedent by comparing their skeletal morphology and measurements to skeletons of individuals from known geographic groups. However, the accuracy rates of ancestry estimation methods in actual forensic casework have rarely been studied. This article uses 99 forensic cases with identified skeletal remains to develop accuracy rates for ancestry estimations conducted by forensic anthropologists. The overall rate of correct ancestry estimation from these cases is 90.9%, which is comparable to most research‐derived rates and those reported by individual practitioners. Statistical tests showed no significant difference in accuracy rates depending on examiner education level or on the estimated or identified ancestry. More recent cases showed a significantly higher accuracy rate. The incorporation of metric analyses into the ancestry estimate in these cases led to a higher accuracy rate.     

司法会计鉴定工作中需要注意的若干问题

司法会计鉴定工作在我国发展的20多年来，得到了长足发展，但由于目前尚没有全国性的统一的司法会计鉴定执业标准，致使在司法会计鉴定工作中存在着许多这样那样的问题，影响着司法会计鉴定工作的深入发展。根据多年工作实践和理论思考，针对司法会计鉴定工作现状，从鉴定的受理、检验、鉴定书制作三个方面提出司法会计鉴定工作中应当注意的若干问题，以求在司法会计鉴定工作早日走上规范健康的发展道路。     

Assessment of Maceration Techniques Used to Remove Soft Tissue from Bone in Cut Mark Analysis

Maceration techniques employed in forensics must be effective without compromising the bone's integrity and morphology, and prevent destruction of evidence. Techniques must also be fast, safe, easily obtainable and inexpensive; not all techniques currently employed are appropriate for forensic use. To evaluate the most suitable approach, seven techniques including current and new methodologies were applied to fresh, fleshed porcine ribs exhibiting cut marks. A sample size of 30 specimens per technique was examined under scanning electron microscopy at the cut mark and the surrounding uncompromised regions; a scoring system of effectiveness was applied. The previously unpublished microwave method fared best for bone and cut mark preservation. Sodium hypochlorite destroyed cut marks, and was deemed unsuitable for forensic analysis. No single technique fulfilled all criteria; however, this study provides a benchmark for forensic anthropologists to select the most appropriate method for their situation, while maintaining the high standards required by forensic science.     

CT技术在法医人类学研究中应用的进展

近年来,将计算机断层扫描(CT)等影像学新技术应用于法医人类学个体识别的研究受到国内外法医人类学家的重视。CT具有清晰快速的成像能力以及强大的后处理功能,无需骨骼前处理就能提供高分辨率模型图像,对法医人类学具有重要的研究和应用价值。本文就CT技术在法医人类学研究中应用的进展进行综述,以期为相关研究和实践提供参考和借鉴。     

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.     

Public beliefs about the accuracy and importance of forensic evidence in the United States

Recent advances in forensic science, especially the use of DNA technology, have revealed that faulty forensic analyses may have contributed to miscarriages of justice. In this study we build on recent research on the general public’s perceptions of the accuracy of 10 forensic science techniques and of each stage in the investigation process. We find that individuals in the United States hold a pessimistic view of the forensic science investigation process, believing that an error can occur about half of the time at each stage of the process. We find that respondents believe that forensics are far from perfect, with accuracy rates ranging from a low of 55% for voice analysis to a high of 83% for DNA analysis, with most techniques being considered between 65% and 75% accurate. Nevertheless, respondents still believe that forensic evidence is a key part of a criminal case, with nearly 30% of respondents believing that the absence of forensic evidence is sufficient for a prosecutor to drop the case and nearly 40% believing that the presence of forensic evidence – even if other forms of evidence suggest that the defendant is not guilty – is enough to convict the defendant.     

The Status of Forensic Anthropology in Europe and South Africa: Results of the 2016 FASE Questionnaire on Forensic Anthropology

One of the goals of the Forensic Anthropology Society of Europe (FASE) is to map the existing education and practice opportunities in the field of forensic anthropology in order to support the development of the discipline and to optimize the training courses provided by the Society. To address this goal, an online questionnaire was sent to European and South African practitioners of forensic anthropology and related disciplines in 2016. The results of the questionnaire showed that the status and roles of forensic anthropologists vary depending on the national legal systems, education, and employment status of the practitioners. Despite the fact that the expertise of forensic anthropologists has been increasingly requested in a variety of investigations and the spectrum of tasks has become broader, including identification of living persons, specialized education in forensic anthropology is still restricted to a few graduate and postgraduate programs in European countries and to annual FASE courses.     

Accuracy Rates of Sex Estimation by Forensic Anthropologists through Comparison with DNA Typing Results in Forensic Casework

A common task in forensic anthropology involves the estimation of the biological sex of a decedent by exploiting the sexual dimorphism between males and females. Estimation methods are often based on analysis of skeletal collections of known sex and most include a research‐based accuracy rate. However, the accuracy rates of sex estimation methods in actual forensic casework have rarely been studied. This article uses sex determinations based on DNA results from 360 forensic cases to develop accuracy rates for sex estimations conducted by forensic anthropologists. The overall rate of correct sex estimation from these cases is 94.7% with increasing accuracy rates as more skeletal material is available for analysis and as the education level and certification of the examiner increases. Nine of 19 incorrect assessments resulted from cases in which one skeletal element was available, suggesting that the use of an “undetermined” result may be more appropriate for these cases.     

The Impact of Daubert on the Admissibility of Forensic Anthropology Expert Testimony

Forensic anthropologists anticipated a significant impact from the 1993 Supreme Court Daubert decision, which addressed the standard of admissibility for expert testimony. In response, many forensic articles cited Daubert in the search for objective techniques or a critique of established subjective methods. This study examines challenges to forensic anthropological expert testimony to evaluate whether Daubert has actually affected the admissibility of such testimony. Thirty cases were identified that addressed the admissibility of the testimony, including 14 cases prior to Daubert and 16 after Daubert. Examination of these cases indicates that post‐Daubert cases do not result in more exclusions. Yet, this lack of exclusions may instead be viewed as a manifestation of the field's overall surge toward more objective and quantifiable techniques in a self‐regulating response to Daubert.     

Patterns of Trauma Induced by Motorboat and Ferry Propellers as Illustrated by Three Known Cases from Rhode Island*

Abstract: Understanding patterns of trauma is important to determining cause and manner of death. A thorough evaluation of taphonomy, trauma, and bone fracture mechanisms is necessary to reconstruct the circumstances of the death. This study examines the skeletal trauma caused by boat propeller strikes in terms of wound characteristics and location based on three cases from Rhode Island. These case studies review the traumatic characteristics caused by propeller injuries and highlight the anatomic regions most likely to sustain skeletal trauma. With this information, investigators may be able to identify propeller trauma even in severely decomposed remains. The discussion of boat propeller trauma also raises issues regarding how forensic anthropologists and forensic pathologists classify trauma (specifically blunt force vs. sharp) and highlights semantic issues arising in trauma classification. The study also discusses why these propeller cases should be classified as blunt trauma rather than sharp or chop/hack trauma. Ultimately, the authors urge consistency and communication between pathologist and forensic anthropologists performing trauma analyses.     

The Use of an Alternate Light Source for Detecting Bones Underwater

When searching underwater crime scenes or disaster scenes for fragmentary human remains, it may be advantageous for forensic divers to be able to detect the presence of bones and teeth among other marine materials (such as shells and rocks). In terrestrial environments, this can typically be accomplished by visual and instrumental methods, but underwater conditions make it difficult to employ detection and sorting techniques in these environments. This study investigates fluorescence of bones and teeth and other marine materials using a submersible alternate light source (ALS) and concludes that an ALS can be a useful tool for detecting bones and teeth in underwater searches as well in terrestrial searches and laboratory environments. The results could impact the methods and equipment used by forensic divers and forensic anthropologists when searching for skeletal remains, potentially increasing the quantity and efficiency of forensic evidence recovered.     

构建海事司法鉴定机构的探索——以上海建设国际航运中心为视角

近年,海事、海商等涉海案件的数量逐年增长。海事诉讼案件中的待证事实多涉及专门性问题,需要通过科学实证予以鉴别和判断。上海在建设国际航运中心的同时根据国际法原则以及国际惯例,设立专门的海事司法鉴定机构已成为海事司法的必然要求。构建与完善海事司法鉴定机构对规范海事司法鉴定市场、维护当事人权益、保障社会法治建设、促进海事诉讼的审理与上海国际航运中心的建设都具有极为重要的意义。     

Pubic bone age estimation in adult women

In recent years, numerous physical anthropologists have pointed out the need for regional standards for estimating age in various world populations. While investigating aging methods for East European populations, dramatic changes were noted in the pubic symphyseal morphology and structure of older adult female individuals. These changes were not captured in the typically used pubic symphysis aging methods. This paper defines and tests the need for a new phase, phase VII, that follows the Suchey-Brooks phase VI. In addition, Suchey-Brooks phases V and VI are redefined. Phase definitions, decision-making rules, and comparison graphics for the new method are presented. Balkan (n = 85) and Eastern Tennessee (n = 104) samples, totaling 189 individuals, were used in the analysis. Pearson correlation coefficients between four observers and a control seriation were strong, indicating ease of replicability between investigators. No statistically significant intra-observer error was detected. Summary statistics show that individuals in phase V were on average in the early 50s, while individuals in phase VI were in their mid 50s to mid 60s, and individuals in phase VII were in their mid 70s. Since linear regression models tend to under-age the elderly and over-age the young, transition analysis, using an unrestricted cumulative probit model, was undertaken to evaluate the phases and to produce point estimates for the ages-at-transition for the Balkan sample. The highest posterior density region point estimates with their associated upper and lower bounds can be used for predicting age for unknown forensic cases related to the Balkan sample. Further, the mean ages and standard deviations for phases V-VII for the Tennessee sample are presented for use in American forensic cases.     

Intraobserver Error in Macromorphoscopic Trait Data, ,

As part of a much larger investigation into the use of macromorphoscopic trait data by forensic anthropologists to estimate ancestry from unidentified skeletal remains, we conducted a fourteen‐year (2002–2016) intraobserver error study. Motivated by the development of a large macromorphoscopic database―which will potentially utilize data collected in 2002―quantification of observer error, the impact of technological improvements in macromorphoscopic trait data collection and observer experience is necessary. To maximize comparisons between the two samples, ten macromorphoscopic traits were assessed. Results revealed three patterns of error relating to observer experience, the introduction of new technologies, and error inherent in the method. Overall, this study found the effect of error on macromorphoscopic trait analysis could be predicted and did not significantly impact their utility.     

RNA分析技术在法医学中的应用

RNA是近年来分子生物学技术领域的研究热点之一,随着分子生物学技术的发展与成熟,RNA技术逐渐在法医学领域得到应用,用来处理传统的DNA分析方法难以解决的法医学问题,如推断死亡时间（PMI）,检测伤口形成时间以及体液鉴定等。本文综述介绍目前RNA分析技术在法医学中的国际发展趋势以及目前存在的局限性,为今后该技术在法医学领域的更广泛应用奠定基础。     

Forensic Gait Analysis and Recognition: Standards of Evidence Admissibility

Gait is one biological characteristic which has attracted strong research interest due to its potential use in human identification. Although almost two decades have passed since a forensic gait expert has testified to the identity of a perpetrator in court, the methods remain insufficiently robust, considering the recent paradigm shift witnessed in the forensic science community regarding quality of evidence. In contrast, technological advancements have taken the lead, and research into automated gait recognition has greatly surpassed forensic gait analysis in terms of the size of acquired datasets and demographic variability of participants, tested variables, and statistical evaluation of results. Despite these advantages, gait recognition presents with different problems which are yet to be resolved. Therefore, courts should treat gait evidence with caution, as they should any other form of evidence originating from disciplines without fully established codes of practice, error rates, and demonstrable applications in forensic scenarios.     

关于刑事诉讼法修改中有关司法鉴定问题的思考

由省级人民政府指定的医院进行司法鉴定,不仅限制了司法鉴定机构的执业权利,造成法律适用上的混乱,而且在实践中也不具有可行性。此外,对于鉴定人无正当理由拒绝出庭作证的法律责任,无论是从法院与鉴定人的关系,鉴定人强制出庭作证来看,还是从司法拘留的适用性质来看,都不应当强制鉴定人出庭。上述是刑事诉讼法中有关司法鉴定的两个重要问题,应当借此次修改的机会,完善刑事诉讼领域的司法鉴定制度,促进法律协调统一。     

Assessing Cognitive Bias in Forensic Decisions: A Review and Outlook

In recent years, a number of studies have demonstrated that forensic examiners can be biased by task-irrelevant contextual information. However, concerns relating to methodological flaws and ecological validity attenuate how much the current body of knowledge can be applied to real-life operational settings. The current review takes a narrative approach to synthesizing the literature across forensic science. Further, the review considers three main issues: (i) primary research on contextual bias within forensic science; (ii) methodological criticisms of this research; (iii) an alternative perspective that task-irrelevant contextual information does not always lead to error. One suggestion for future research is outlined, which is that studies on contextual bias in forensic decisions should be conducted in collaboration between forensic scientists and cognitive psychologists. Only then can rigorous and ecological valid experiments be created that will be able to assess how task-irrelevant contextual information influences forensic analysis and judgments in operationally valid settings.