我国法庭科学实验室认可工作现状与存在的问题

本文介绍了我国法庭科学实验室认可活动的法律环境变迁和开展现状,并对当前认可工作中存在的主要问题进行了深入分析,在此基础上提出7项政策建议。     

Science serving justice: opportunities for enhancing integrity in forensic science in Africa

Forensic science is a unique discipline of applied science. At its core it is a science, yet finds its use in the application to cases that often go to a court of law. Practicing at the intersection of science and law poses distinct challenges, but also holds incredible potential in its ability to serve as a vehicle for integrity. The practice of forensic science in Africa is at a tipping point. Unchartered waters lie ahead for the continent and its forensic scientists. Often working in inadequately resourced environments, obstacles may seem insurmountable. As African forensic scientists, we can overcome these obstacles as we accept that we are connected and united in our goal to allow science to serve justice.     

Murders for profit. The case of John Donald Merrett

Forensic cases may be of historical interest because of their rarity, unique characteristics and conclusions, and potential for educating forensic scientists. The case of John Donald Merrett, who committed multiple murders for profit in Great Britain in 1926 and in 1954, is a notable example of a case in which both police and forensic scientists made serious errors, these errors leading to Merrett's acquittal when he was tried in 1927 for the shooting death of his mother. Imprisoned for forgery, Merrett was released only to resume a life of crime culminating in 1954 in the brutal murders of his wife and mother-in-law. Pursued by the police, he committed suicide. The Merrett case was of great benefit to forensic medicine in emphasizing the necessity for close teamwork among police and forensic scientists and in furthering the development of forensic ballistics.     

Human remains sold to the highest bidder! A snapshot of the buying and selling of human skeletal remains on eBay, an Internet auction site

Internet auction sites have become increasingly popular, with diverse items up for sale to the public worldwide. The purposes of this paper are to inform the forensic community that human skeletal remains, old and new, are for sale on the eBay internet auction site, and to advise forensic scientists that eBay does not use a forensic anthropologist to assess photographs of these materials. Over the last few years, this website was "surfed," with numerous auctions during this period. After contacting eBay by email, representatives responded that they adhere to Native American Grave Protection and Repatriation Act (NAGPRA) and that their website indicates that auctions must state that sale of human remains is for instructional purposes only. Based on the photographs, the remains appear to be of prehistoric and modern origin. An unfortunate consequence of such sale may generate interest in stealing remains from graves, mortuaries, hospitals, or county morgues worldwide.     

The Ripper Project. Modern science solving mysteries of history

Modern scientific techniques may be applied to solve historical--even ancient--mysteries. Many such mysteries have been studied by forensic scientists, including anthropologists. One example is the recent examination of the artifacts and grave sites at the Little Bighorn in Montana, the scene of the battle between General George A. Custer's troops and the Northern Plains Indian tribes. Similarly, skeleton remains of the Indian tribes of the Pre-Columbian and Columbian periods have been studied to answer many questions regarding life and death in those early civilizations. The Ripper Project began as a research activity of the Milton Helpern International Center for the Forensic Sciences at Wichita State University Wichita, Kansas, in 1981, after the concept had been discussed in a night session during the annual meeting of the American Academy of Forensic Sciences in Los Angeles. These century-old serial murders of five prostitutes--The Whitechapel Murders--in London in 1888 were discussed in great detail from the standpoints of the forensic pathologist, the forensic psychiatrist, the criminalist, the forensic historian, and the forensic dentist. The information gained during this phase of the project plus the advances made possible by the development of criminal personality profiling by the FBI led to the present status of this project, which was recently discussed in a live telecast, and which is the subject of this article.     

Clinical forensic medicine

This article discusses the merits of participation by medical examiners in the area of clinical forensic medicine. The present connotation that we deal after the fact should be abandoned with enhanced involvement in assisting the living. The paper focuses on a broad range of categories where forensic scientists by virtue of their training and experience could be most helpful in the application of medical knowledge to the solution of questions of law.     

Scientific integrity in the forensic sciences: Consumerism,conflicts of interest,and transparency

The goal of this paper is to discuss scientific integrity, consumerism, conflicts of interest, and transparency within the context of forensic science. Forensic scientists play crucial roles within the legal system and are constantly under various pressures when performing analytical work, generating reports based on their analyses, or testifying to the content of these reports. Maintaining the scientific integrity of these actions is paramount to supporting a functional legal system and the practice of good science. Our goal is to discuss the importance of scientific integrity as well as the factors it may compromise, so that forensic practitioners may be better equipped to recognize and avoid conflicts of interest when they arise. In this discussion we define terms, concepts, and professional relationships as well as present three case studies to contextualize these ideas.     

How do forensic scientists learn to become competent in casework reporting in practice: a theoretical and empirical approach

In their day-to-day work, carrying out complex tasks, forensic scientists use a combination of explicit, codified standard operating procedures and tacit knowledge developed through their ongoing practice. We show that tacit knowledge is an integral part of the activities of expert forensic science practitioners who continually add to their knowledge repertoire by engaging other scientists through communities of practice. We wish to shed fresh light on the gaining of tacit knowledge by forensic scientists during their apprentice formative years, termed as legitimate peripheral participation. In quantifying tacit knowledge exchanges, we use social network analysis, a methodology for the analysis of social structures, to map relational knowledge flows between forensic scientists within communities of practice at the Forensic Science Laboratory, Ireland. This paper sheds light on the importance of tacit knowledge within the training regime of forensic scientists and its recognition as equal to the part played by explicit knowledge.     

Drilling down into ethics: A thematic review of ethical considerations for the creation and use of 3D printed human remains in crime reconstruction

The existing literature contains some exploration of the ethics concerning human remains in forensic and virtual anthropology. However, previous work has stopped short of interrogating the underlying ethical concepts. The question of how people understand and apply these concepts in practice, and what it means to act ethically, remain underexplored. This thematic review explores the ethical considerations that contribute to the creation and use of 3D printed human remains for forensic purposes. The three main branches of ethical theory are outlined to explore how they may apply to forensic practice. Key themes relating to 3D printing human remains in forensic contexts were explored to better understand the ethics landscape, ethical challenges, and the current guidelines in place. Through this thematic review, nine ethics principles were identified as key principles for guiding best practice: anonymity, autonomy, beneficence, consent, context, justice, non-maleficence, proportionality, and transparency. It is suggested that these principles could be incorporated into adaptable guidelines going forward to support ethical practice. The findings also suggest that holistic ethics cognition training may have value in supporting forensic scientists in ethical decision-making, together with procedural and structural design that may promote best practice and reduce cognitive load.     

The forensic or medicolegal autopsy. Friend or foe?

The major issue in questioning the performance of general pathologists doing medicolegal or forensic autopsies is that they are very often without a firm basis for performing this task. With minimal training in medical school and minimal exposure during their residency, practicing general pathologists, although expected or even forced to do these cases, may face criticism after their performance in a case. The necessity for teaching forensic medicine and pathology in medical schools is obvious, and the necessity of there being more forensic pathology exposure in residency training programs in the United States and overseas is also obvious. Medical educators are responsible for all phases of medicine being taught to medical undergraduates and graduates and must be pressured to support the practice of all kinds of medicine in American communities, including legal or forensic medicine, in those cases in which questions arise that lead to the performance of postmortem examination.     

Situating forensic traces in time

Situating events and traces in time is an essential problem in investigations. To date, among the typical questions issued in forensic science, time has generally been unexplored. The reason for this can be traced to the complexity of the overall problem, addressed by several scientists in very limited projects usually stimulated by a specific case. Considering that such issues are recurrent and transcending the treatment of each trace separately, the formalisation of a framework to address dating issues in criminal investigation is undeniably needed. Through an iterative process consisting of extracting recurrent aspects discovered from the study of problems encountered by practitioners and reported in the literature, common mechanisms were extracted and provide understanding of underlying factors encountered in forensic practise. Three complementary approaches are thus highlighted and described to formalise a preliminary framework that can be applied for the dating of traces, objects, persons and indirectly events.     

A forensic science perspective on the role of images in crime investigation and reconstruction

This article presents a global vision of images in forensic science. The proliferation of perspectives on the use of images throughout criminal investigations and the increasing demand for research on this topic seem to demand a forensic science-based analysis. In this study, the definitions of and concepts related to material traces are revisited and applied to images, and a structured approach is used to persuade the scientific community to extend and improve the use of images as traces in criminal investigations. Current research efforts focus on technical issues and evidence assessment. This article provides a sound foundation for rationalising and explaining the processes involved in the production of clues from trace images. For example, the mechanisms through which these visual traces become clues of presence or action are described. An extensive literature review of forensic image analysis emphasises the existing guidelines and knowledge available for answering investigative questions (who, what, where, when and how). However, complementary developments are still necessary to demystify many aspects of image analysis in forensic science, including how to review and select images or use them to reconstruct an event or assist intelligence efforts. The hypothetico-deductive reasoning pathway used to discover unknown elements of an event or crime can also help scientists understand the underlying processes involved in their decision making. An analysis of a single image in an investigative or probative context is used to demonstrate the highly informative potential of images as traces and/or clues. Research efforts should be directed toward formalising the extraction and combination of clues from images. An appropriate methodology is key to expanding the use of images in forensic science.     

Human hair histogenesis for the mitochondrial DNA forensic scientist.

Analysis of mitochondrial DNA (mtDNA) sequence from human hairs has proven to be a valuable complement to traditional hair comparison microscopy in forensic cases when nuclear DNA typing is not possible. However, while much is known about the specialties of hair biology and mtDNA sequence analysis, there has been little correlation of individual information. Hair microscopy and hair embryogenesis are subjects that are sometimes unfamiliar to the forensic DNA scientist. The continual growth and replacement of human hairs involves complex cellular transformation and regeneration events. In turn, the analysis of mtDNA sequence data can involve complex questions of interpretation (e.g., heteroplasmy and the sequence variation it may cause within an individual, or between related individuals. In this paper we review the details of hair developmental histology, including the migration of mitochondria in the growing hair, and the related interpretation issues regarding the analysis of mtDNA data in hair. Macroscopic and microscopic hair specimen classifications are provided as a possible guide to help forensic scientists better associate mtDNA sequence heteroplasmy data with the physical characteristics of a hair. These same hair specimen classifications may also be useful when evaluating the relative success in sequencing different types and/or forms of human hairs. The ultimate goal of this review is to bring the hair microscopist and forensic DNA scientist closer together, as the use of mtDNA sequence analysis continues to expand.     

The reliability of forensic osteology--a case in point. Case study

The medico-legal investigation of skeletons is a trans-disciplinary effort by forensic scientists as well as physical anthropologists. The advent of DNA extraction and amplification from bones and teeth has led to the assumption that morphological assessment of skeletal remains might soon become obsolete. But despite the introduction and success of molecular biology, the analysis of skeletal biology will remain an integral part of the identification process. This is due to the fact, that the skeletal record allows relatively fast and accurate inferences about the identity of the victim. Moreover, a standard biological profile may be established to effectively narrow the police investigator's search parameters. The following study demonstrates how skeletal biology may collaborate in the forensic investigation and support DNA fingerprinting evidence.In this case, the information gained from standard morphological methods about the unknown person's sex, age and heritage immediately led the police to suspect, that the remains were that of a young man from Vietnam, who had been missing for 2.5 years. The investigation then quickly shifted to prove the victim's identity via DNA extraction and mtDNA sequence analysis and biostatistical calculations involving questions of kinship [4].     

Interdisciplinary cooperation of forensic sciences--results of a simulation exercise

In a workshop held on the occasion of the foundation of the INFW, the Interdisciplinary Network of Forensic Sciences (www.infw.org), 14 scientists from 10 fields of expertise were allotted to 3 teams. Each team had to independently solve the same fictitious forensic case. In this, several corpses or skeletons in varying degrees of decomposition were found in the remains of an old bunker during a large building project. After a set time limit of 45 minutes, the approaches to the task were noted on individual flipcharts by each team. A comparison of the solutions suggested by the three very heterogeneously composed teams revealed a high degree of similarity. However, particularly the "exotic" disciplines developed surprising approaches. The experiment was an interesting and instructive experience for all participants and underscores the necessity of interdisciplinary cooperation in solving complex forensic questions.     

A systematic analysis of secondary DNA transfer

The Nature letter by R. van Oorschot and M. Jones (1) addressed two topics: the primary transfer of DNA from person to person or to various objects, and the secondary transfer of DNA through an intermediary. Forensic scientists have described the primary transfer of DNA and other biological evidence for many years. However, the authors also reported detecting secondary transfer of DNA from an object to a person's hands, which could adversely affect DNA typing in the forensic context. The prospect of secondary transfer raises questions of interest to both the legal and forensic communities. Therefore, we sought to evaluate parameters potentially leading to secondary DNA transfer. Our data do not support the conclusion that secondary transfer will compromise DNA typing results under typical forensic conditions.     

A density gradient technique for use in forensic soil analysis

A high-density aqueous salt solution for the preparation of density gradients is presented. It has been used successfully by the authors in forensic soil analysis. It has a density range that allows for the separation of a soil specimen's heavy mineral components. It has no odor or toxic fumes, which eliminates the need to use a hood during preparation, and is far superior to the organic liquids normally used to prepare density gradients. This liquid should cause many forensic scientists to reexamine their attitudes towards using density gradients in forensic soil casework.     

The impact of Māori cultural values on forensic science practice in New Zealand

Forensic science aims to serve society by advancing justice. It is accepted that some actions taken by the state in the interests of advancing justice, such as postmortem examinations, may impinge on values held by members of groups within society. Such actions have the potential to cause cultural offense. It is important that forensic scientists are aware of these issues and that as a profession we should take actions, where possible, to reduce any potential offense and consequently reduce unnecessary distress. This paper examines the impact of these issues on forensic practice in New Zealand, and, in particular, in relation to the cultural values of Māori, the indigenous people of New Zealand. Interviews and workshops were used to identify forensic practices involving a risk of cultural offense. Particular issues were identified in regard to crime scene attendance and examination, postmortem attendance and sample storage, disposal, and return. This paper describes the response developed by the Institute of Environmental Science and Research Limited (ESR) to address these issues, including a cultural awareness training package and reference brochure.     

The Impact of Māori Cultural Values on Forensic Science Practice in New Zealand

Abstract:  Forensic science aims to serve society by advancing justice. It is accepted that some actions taken by the state in the interests of advancing justice, such as postmortem examinations, may impinge on values held by members of groups within society. Such actions have the potential to cause cultural offense. It is important that forensic scientists are aware of these issues and that as a profession we should take actions, where possible, to reduce any potential offense and consequently reduce unnecessary distress. This paper examines the impact of these issues on forensic practice in New Zealand, and, in particular, in relation to the cultural values of Māori, the indigenous people of New Zealand. Interviews and workshops were used to identify forensic practices involving a risk of cultural offense. Particular issues were identified in regard to crime scene attendance and examination, postmortem attendance and sample storage, disposal, and return. This paper describes the response developed by the Institute of Environmental Science and Research Limited (ESR) to address these issues, including a cultural awareness training package and reference brochure.