影响鉴定结论可靠性的相关因素研究

鉴定结论的可靠性是鉴定的基本价值所在,是鉴定的初始目标,是鉴定结论得以存在的基础。影响鉴定结论可靠性的因素既包括法律制度层面又包括技术层面,既有人的因素,也有物的因素。鉴定主体、实施程序及其鉴定结论标准等都是影响鉴定结论可靠性的重要因素,任何一个方面的差错都有可能导致鉴定结论缺乏可靠性。     

论提高法医鉴定结论的准确性——兼论规范法医学鉴定文书

通过近年来对法医鉴定书的文证审查和对有争议的鉴定结论的重新鉴定,以及对检察技术部门案件质量检查发现,法医鉴定书存在一些不规范问题,影响了鉴定结论的准确性和采信。本文的目的是针对这些问题,从理论的层面就法医鉴定书的规范制作、制作鉴定书的基本要求、基本原则、正确引用临床病历资料、正确选择鉴定时机、鉴定结论的正确表述等方面谈一下自己的看法,以提高法医鉴定结论的准确性。     

论提高法医鉴定结论的准确性——兼论规范法医学鉴定

通过近年来对法医鉴定书的文证审查和对有争议的鉴定结论的重新鉴定．以及对检察技术部门案件质量检查发现。法医鉴定书存在一些不规范问题．影响了鉴定结论的准确性和采信。本文的目的是针对这些问题．从理论的层面就法医鉴定书的规范制作、制作鉴定书的基本要求、基本原则、正确引用临床病历资料、正确选择鉴定时机、鉴定结论的正确表述等方面谈一下自己的看法．以提高法医鉴定结论的准确性．     

论鉴定结论的证据能力

现代科技的发展带动了司法鉴定在刑事诉讼中的运用和扩大,鉴定结论的危险性与重要性的并存促使人们探寻对鉴定结论证据能力的规范。英美法系对专家证据的可采性强调对其依据方法的考察,大陆法系强调诉讼程序对鉴定结论的制度。在对两大法系鉴定结论证据能力进行详尽分析的基础上,笔者从鉴定人的适格性、鉴定的关联性、鉴定结论的可靠性、鉴定材料的合法性和鉴定的程序性要件上完善我国鉴定结论的证据能力。     

司法鉴定在诉讼中如何回归为科学判断

鉴定结论之所以能证明案件真实,程序规范和实体真实是其必备的两个方面。其中鉴定的实体真实是基础,鉴定的程序规范是保障。依据不完整的鉴定资料作出的鉴定结论在证据能力上存有瑕疵,必然会弱化其证明力。证据规则的引入,证明标准的正确理解与证明价值的重新认知与选择,一定程度扩大了传统“鉴定结论”的外延。法官和诉讼当事人对鉴定结论的审查和质证、认证,并不仅局限于结论本身,而应围绕该结论形成的主体、程序、材料来源以及具体依据展开,鉴定结论的客观性、关联性和合法性才能确实得以保障,鉴定结论才能回归为“科学判决”。     

物证鉴定技术违规对鉴定结论证明力的影响及对策

物证鉴定技术是自然科学在法律中的应用,它采用科学方法对涉案的各类物证进行分析后得出确定性结论。鉴定结论作为一种诉讼证据,对现代型诉讼发挥了重要作用和影响。但也带来了许多诉讼上的问题。本文列举了目前物证鉴定工作中出现的较为普遍的技术违规并就这些违规对鉴定结论证明力所造成的影响进行了初步分析,并提出应尽快制定鉴定法、鉴定技术标准和技术质量检测评估体系,以规范物证鉴定工作,确保其科学性、可靠性。     

刑事鉴定（结论）质量控制体系构建研究

中外刑事鉴定实践表明有必要对刑事鉴定质量进行控制。质量控制首先意味着标准的确立,刑事鉴定(结论)的控制标准即鉴定结论的采用标准,包括客观性标准、相关性标准和合法性标准。刑事鉴定质量控制体系包括规范鉴定人及其鉴定机构,鉴定结论标准的确立,鉴定材料的取得、保全、委托、受理,鉴定的实施与复核,完善鉴定法律程序及鉴定人法律责任等。     

笔迹鉴定相关理论问题的考量

理论来源于实践,实践需要理论加以指导。笔迹鉴定的内涵问题、所解决的＂同一＂问题、科学依据问题和鉴定结论的科学表述等均属笔迹鉴定的理论研究范畴,深入研究这些理论问题,对提高笔迹鉴定质量,保证笔迹鉴定结论科学可靠性与可信性的高度统一有着十分重要的意义。     

试论医疗过失司法鉴定文书

司法鉴定结论是案件审理的重要依据,司法鉴定文书作为鉴定结论的载体,倍受诉讼各方的关注,它必须反映鉴定过程以及鉴定结论如何形成,体现医疗过失鉴定的公正性和科学性。医疗过失司法鉴定文书既有普通司法鉴定文书的特点,在制作上应符合统一的司法鉴定文书格式,但又有独特之处,与医疗事故鉴定文书相比有明显区别。此外,目前各个司法鉴定机构的医疗过失司法鉴定文书在病历摘抄、分析论述、鉴定结果表述等方面存在不规范的现象,这种不规范不利于诉讼各方对鉴定结果的理解,从而也影响了案件的审判。从上述几个方面对医疗过失司法鉴定文书加以重视,有利于提升鉴定文书的规范性,增强鉴定结论的证明力,充分实现证据价值。     

论“鉴定必明”、“鉴定必准”与提供证据要求的冲突

本文是针对＂鉴定结论必须明确＂的立法建议和＂鉴定结论必须准确＂的鉴定工作发展目标提出的质疑。认为＂鉴定结论必须明确＂不符合提供证据的法律要求,以六条理由论证这一建议不宜采纳,主张以＂鉴定结论应当符合科学技术标准＂作为对鉴定结论的立法要求。文中以五条依据分析＂鉴定必准＂是一个难以实现的工作目标,主张＂鉴定结论应当客观真实＂才具有可行性,才符合证据规范。     

A Preliminary Study of the Reliability of Anatomical Facial Landmarks Used in Facial Comparison

Anatomical landmarks are considered the most objective indicators for use in forensic facial comparisons. Therefore, accurately identifying and locating these landmarks is the beginning of reliable facial comparison. This study evaluated the accuracy with which facial landmarks are located and examined their reliability according to type of landmark, head posture, and image quality. Nine operators located a series of landmarks on prepared facial images used to produce comparison images. Then, the average distances between the reciprocal landmarks (ADRL) on the reference and the comparison images were measured as indicators of landmark reliability. We found that a set of landmarks had higher or lower reliability as a function of the head angle and image quality. More reliable landmarks were associated with certain head postures and degrees of image quality. These should be used for facial comparison analysis depending on various head and image conditions.     

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.     

国外企业社会责任界说述评

文章对国外具有代表性的企业社会责任界说进行了评价 ,并在此基础上抽象出企业社会责任的应有之义。     

Reliability and validity of cross-national homicide data: a comparison of UN and WHO data

Data reliability and validity are methodological concerns in cross-national analyses of crime, but there is little agreement on which source of data provides the most reliable estimates. Moreover, few studies have examined the potential threat to validity posed by unclassified deaths. The current study aims to (1) assess the reliability of cross-national homicide data from the United Nations (UN) and the World Health Organization (WHO); and (2) investigate the impact of unclassified deaths on the validity of WHO data. Findings indicate that UN and WHO homicide rates (n=56) differ in magnitude, but produce similar outcomes. The UN data produce more robust results and statistical models with less error. The WHO data are more stable and reliable over time, and better suited for longitudinal analyses. Analyses drawing on WHO data should not disregard unclassified deaths because their inclusion provides a more accurate estimate of the true number of homicides.     

Influence of multiple injections of human chorionic gonadotropin (hCG) on urine and serum endogenous steroids concentrations

Since it is established that human chorionic gonadotropin (hCG) affects testosterone production and release in the human body, the use of this hormone as a performance enhancing drug has been prohibited by the World Anti-Doping Agency. Nowadays, the only validated biomarker of a hCG doping is its direct quantification in urine. However, this specific parameter is subjected to large inter-individual variability and its determination is directly dependent on the reliability of hCG immunoassays used. In order to counteract these weaknesses, new biomarkers need to be evidenced. To address this issue, a pilot clinical study was performed on 10 volunteers submitted to 3 subsequent hCG injections. Blood and urine samples were collected during two weeks in order to follow the physiological effects on related compounds such as the steroid profile or hormones involved in the hypothalamo-pituitary axis. The hCG pharmacokinetic observed in all subjects was, as expected, prone to important inter-individual variations. Using ROC plots, level of testosterone and testosterone on luteinizing hormone ratio in both blood and urine were found to be the most relevant biomarker of a hCG abuse, regardless of inter-individual variations. In conclusion, this study showed the crucial importance of reliable quantification methods to assess low differences in hormonal patterns. In regard to these results and to anti-doping requirements and constraints, blood together with urine matrix should be included in the anti-doping testing program. Together with a longitudinal follow-up approach it could constitute a new strategy to detect a hCG abuse, applicable to further forms of steroid or other forbidden drug manipulation.     

ABO tissue antigens of Egyptian mummies

ABO groups were investigated on skin (and muscle), bone and hair specimens from 14 Egyptian mummies dating from the Roman period. Samples were tested by the AE (absorption-elution), MA (mixed agglutination) and HIF (histo-immunofluorescence) methods, in order to evaluate the reliability of each method. For half of the mummies (7) the results were concordant on all samples (3-9 samples for each mummy) with all employed methods, suggesting an unequivocal blood group conclusion. For the other seven mummies there were discordant results with the different methods and interpretation of the results was thus inconclusive. HIF seems to be the most reliable method as specific blood group substances are identified on specific histologic structures. Failure to detect tissular ABO antigens was mainly due to excessive resin impregnation.     

A Cross-cultural Validation of the Brief Child Abuse Potential Inventory (BCAP)

The aim of this study was to provide preliminary findings on the cross-cultural validation and reliability of the Brief Child Abuse Potential Inventory (BCAP) developed by Ondersma et al. (Journal of Clinical Child and Adolescent Psychology, 2005). A community sample of 324 parents was recruited through schools from a range of socioeconomic areas in a large UK city. The BCAP appears to be a reliable instrument that is easy to use and shows promise as a brief screening tool for parental child abuse potential within the UK. Modifications are suggested to the validity scales and the conceptual structure based on this sample, however, detailed testing of the utility of this scale for clinical practice outside the US should be pursued.     

Improving Decision Making in Forensic Child Sexual Abuse Evaluations

Mental health professionals can assist legal decision makers in cases of allegations of child sexual abuse by collecting data using forensic interviews, psychological testing, and record reviews, and by summarizing relevant findings from social science research. Significant controversy surrounds another key task performed by mental health professionals in most child sexual abuse evaluations, i.e., deciding whether or not to substantiate unconfirmed abuse allegations. The available evidence indicates that, on the whole, these substantiation decisions currently lack adequate psychometric reliability and validity: an analysis of empirical research findings leads to the conclusion that at least 24% of all of these decisions are either false positive or false negative errors. Surprisingly, a reanalysis of existing research also indicates that it may be possible to develop reliable, objective procedures to improve the consistency and quality of decision making in this domain. A preliminary, empirically-grounded procedure for making substantiation decisions is proposed.     

Particle size analysis of sediments, soils and related particulate materials for forensic purposes using laser granulometry

Particle size is a fundamental property of any sediment, soil or dust deposit which can provide important clues to nature and provenance. For forensic work, the particle size distribution of sometimes very small samples requires precise determination using a rapid and reliable method with a high resolution. The Coulter trade mark LS230 laser granulometer offers rapid and accurate sizing of particles in the range 0.04-2000 microm for a variety of sample types, including soils, unconsolidated sediments, dusts, powders and other particulate materials. Reliable results are possible for sample weights of just 50 mg. Discrimination between samples is performed on the basis of the shape of the particle size curves and statistical measures of the size distributions. In routine forensic work laser granulometry data can rarely be used in isolation and should be considered in combination with results from other techniques to reach an overall conclusion.     

Detection of Tooth‐Colored Restorative Materials for Forensic Purposes Based on Their Optical Properties: An In Vitro Comparative Study

Victim identification using dental records involves antemortem and postmortem comparison of dental charts. Since dental restorations may be part of such records, identifying them accurately is critical. The objective of this study was to compare the diagnostic reliability and validity of two optical methods for identifying tooth‐colored restorations (digital imaging fiber optic transillumination (DiFOTI) using near infrared light, and fluorescence‐aided identification of restorations (FAIR)) with conventional diagnostic methods. Four examiners identified and charted tooth‐colored restorations in three sets of typodonts on the bench using conventional visual and tactile examination, DiFOTI (DIAGNOcam?) and FAIR. All examinations were repeated after 4 weeks. Both the sensitivity (95%) and specificity (97%) of the FAIR method were significantly higher than those for DiFOTI (82% and 82%) and for conventional inspection (71% and 82%). In conclusion, FAIR method performed better than conventional examination and DiFOTI, and was more reliable for identifying tooth‐colored restorations.