法医学鉴定标准的现状与问题

司法鉴定标准化是一个世界性的司法话题,伴随我国司法改革的实施和政府对标准化工作的重视,我国将迎来建立法医学鉴定标准体系的黄金时代。然而当前我国法医学鉴定标准却存在标准少、质量参差不齐、更新缓慢、标准制定的科学性不足等问题,导致司法鉴定工作与实践脱轨,很多鉴定项目缺乏鉴定标准。为此,作者建议,正确认识法医学鉴定标准的法律地位和存在的错误,致力于法医学鉴定标准化。     

The future of forensic and crime scene science. Part I. A UK forensic science user and provider perspective

This paper presents an overview of the views expressed by UK forensic science users and providers during the Centre for Forensic Investigation's 1 day conference 'The Future of Forensic and Crime Scene Science' and is set in the context of the changing national agenda and likely advances in current and future technology. It begins by examining the success of the Home Office DNA Expansion Programme and future demands of the Criminal Justice System, highlighting the changing use of forensic science both at the crime scene and within the forensic process itself. In particular, the use of forensic science at the early stages of an investigation to provide intelligence and support the decision making process is discussed together with the need to adopt a partnership approach to tackling crime and its causes. Key system and technological drivers for performance improvement and change are identified and the likely timescales and implications of their introduction are discussed. Finally, the Home Office plans to build on the success of the DNA Expansion Programme, through the introduction of the proposed Home Office Forensic Integration Strategy, are explored and the paper concludes by highlighting the benefits, implications and issues arising from the changing and developing use of forensic science.     

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.     

Importance of electromyography and the electrophysiological severity scale in forensic reports

Forensic reports on traumatic peripheral nerve injuries include dysfunction degrees of extremities, which are arranged according to the Turkish Penalty Code. The aim of this study is to discuss the role and importance of electromyography while preparing forensic reports in the cases of traumatic peripheral nerve injuries and the usefulness of scoring systems. A modified global scale, recommended by Mondelli et al., was used to assess the electrophysiological impairment of each peripheral nerve. Forensic reports of 106 patients, reported between 2002 and 2004, were evaluated. Thirty-four percent of the cases were reported as "total loss of function," 41.5% were reported as "functional disability," and there were no dysfunctions in the other cases in forensic reports that were prepared based on Council of Social Insurance Regulations of Health Processes and Guide prepared by the Council of Forensic Medicine and profession associations of forensic medicine. When we rearranged these forensic reports based on the electrophysiological severity scale (ESS), it was clearly found that all of the score 2 cases and 86.7% of the score 3 cases corresponded to "functional disability" and 91.4% of the score 4 cases correspond to "total loss of function." We found a significant correlation between the ESS and functional evaluation in peripheral nerve injury cases. Evaluation of functional disabilities in peripheral nerve injuries with the ESS represents a standardized and objective method used for forensic reports.     

Communicating forensic scientific expertise: An analysis of expert reports and corresponding testimony in Tasmanian courts

Forensic criminology examines the use of forensic science in society. Justice can be hampered, for example, if the communication of forensic scientific findings is unclear or misleading, even if unintentionally. Although various recommendations guide the communication of forensic science, it is unclear whether they are reflected in practice. This study explored the communication of forensic biology in 10 cases of major crimes against the person heard in the Tasmanian Supreme Court, where the standard practice is to issue brief summary reports in the first instance. The content of expert reports and corresponding testimony was analysed to determine its adherence to recommendations outlined in standards, practice notes, and research. While reports were found to be very brief, testimony elaborated on all major elements. Mostly elicited by the prosecution, some elements were volunteered by expert witnesses, or raised by defence. Overall, expert evidence in courts—but not reports (due to the use of brief summary reports)—largely adhered to recommendations. Further research is needed to determine the prevalence and effectiveness of alternative approaches to communication that were identified in certain cases.     

The forensic examination of structural fires in Victoria,Australia: Decision-making processes and impact on judicial outcomes

There is a body of published research that has evaluated the contribution of forensic science to the criminal justice system, but many disciplines of forensic science remain unexplored in this regard. The aim of this study was to examine the contribution that forensic fire examination services provide to criminal investigations and court processes in arson cases. Forensic fire examination services differ in a number of ways to the disciplines covered in previous research on the impact of forensic evidence on justice outcomes. Forensic fire examinations involve a combination of scene examination and laboratory analyses, and the results can provide critical evidence of whether an incident that has occurred is a criminal offence (i.e. whether a fire has occurred as the result of an act of arson). Forensic fire examination is also a discipline that has faced challenges and undergone development in recent decades regarding its scientific basis and the issue of contextual bias. In this study, data were collated for 273 structural fires that were examined by the forensic fire services in Victoria, Australia. In this jurisdiction, scene and laboratory forensic services are delivered within short time frames with a focus on providing impartial scientific and investigative services to assist criminal investigations conducted by police. The current dataset was highly skewed in terms of criminal justice outcomes and was not suitable for conducting the planned statistical analyses. Nonetheless, the pattern of findings obtained suggested that the inclusion of forensic evidence which supported the prosecution of arson may be associated with an increased likelihood of suspects being charged and defendants found guilty. Examination of the decision-making process of the forensic fire examiners has provided insight into the variety of evidence that is considered by forensic experts in reaching the important conclusion about the origin and cause of structural fires.     

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.     

Issues and opportunities: The application of the numerical likelihood ratio framework to forensic speaker comparison

Across forensic speech science, the likelihood ratio (LR) is increasingly becoming accepted as the logically and legally correct framework for the expression of expert conclusions. However, there remain a number of theoretical and practical shortcomings in the procedures applied for computing LRs based on speech evidence. In this paper we review how the LR is currently applied to speaker comparison evidence and outline three specific areas which deserve further investigation: namely statistical modelling, issues relating to the relevant population and the combination of LRs from correlated parameters. We then consider future directions for confronting these issues and discuss the implications for forensic comparison evidence more generally.     

林几的中国法医学史观探析

在林几的学术生涯中,中国法医学史是其研究的重要领域,并取得一系列研究成果,进而形成的法医学史观,构成了林几法医学术思想的重要组成部分。林几的中国法医学史观主要包括:以比较法医学的视野研究中国法医学发展史;运用实验法医学的方法鉴别中国古代法医学的精华和糟粕;古代法医学的现代转型具有必要性和迫切性;实现法医学的现代转型,应注意科学总结中外法医学发展史的经验教训。这些法医学史观对于全面理解中国古代法医学兴衰之路,以及推动民国时期中国法医学的现代转型具有重要的理论和实践意义。     

Contributions of Ellis R. Kerley to forensic anthropology.

Ellis R. Kerley (1924 to 1998) represents an important figure in the history of American forensic anthropology. In research, he is best known for pioneering the microscopic approach to the estimation of age at death from human bone. A university professor for 22 years. Kerley also served as Scientific Director of the Army identification laboratory in Hawaii and worked on many forensic cases. He was a leader in the formation of the Physical Anthropology section of the AAFS and the American Board of Forensic Anthropology and held many offices within the AAFS, including President from 1990 to 1991.     

The present direction of research in forensic odontology

Forensic odontology is receiving increased attention in the literature and has become a widely recognized field of expertise with broad ramifications. With this growth, research is needed to solve the most pressing problems of the discipline. The purpose of this paper is to identify current trends in research in forensic odontology. The review consisted of studies using the scientific method and reports of new techniques being tested. Also, abstracts from the annual meeting of the Odontology Section of the American Academy of Forensic Sciences from 1980 to 1987 have been reviewed to determine the current areas of emphasis in forensic dentistry.     

Sidney Kaye, Ph.D. Internationally renowned forensic toxicologist

The importance of Dr. Sidney Kaye's contributions in the field of forensic science cannot be over-emphasized. He can be called a pioneer in the field of forensic science and forensic toxicology because of the many contributions he has made to analysis, the literature and poison control, as well as activities in alcohol and drug analysis. He has been fortunate in being a part of history through his relationship, as a student, to Dr. Alexander Gettler, the founder of modern-day forensic toxicology, and by working with Dr. Gradwohl in Saint Louis, Missouri in the 1950s, when the American forensic sciences were being organized. Dr. Kaye is one of the founders of the American Academy of Forensic Sciences, the foremost and largest forensic science organization in the World. It is for these reasons that he received the Alexander O. Gettler Award by the Toxicology Section of the American Academy of Forensic Sciences, for outstanding analytical achievements in forensic toxicology, at the annual meeting of the American Academy of Forensic Sciences, in Las Vegas, Nevada, on February 14, 1985.     

Confidence intervals for estimates based on linear regression in forensic anthropology

Forensic anthropologists commonly use simple linear regression to estimate the value of a dependent variable, such as stature, for a single specimen where the value of the independent variable, such as humerus length, is known. Published studies providing regression equations for such use almost invariably include the standard error of estimate. Unfortunately, it is exceptional for forensic anthropologists to use the standard error to calculate correctly the confidence limits for their single predicted value. We attempt to show why this may be and provide explicit guidelines for the proper construction of confidence interval in such circumstances.     

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.     

国外法医临床学发展史

法医临床学是法医学的重要分支学科,正处于蓬勃发展阶段。研究法医临床学的发展史,对明确其定义和实践范畴,维护司法公正,具有重要意义。本文将从“简介、历史溯源、18世纪之后的法医临床学发展、现代法医临床学、世界法医临床学司法实践现状和结语”六个部分介绍法医临床学在国外,尤其是英国的发展历史,促进我国法医临床学的学科建设和发展。     

Who's afraid of forensic psychiatry?

Forensic psychiatry has come under mounting criticism from the press and other medical professionals, largely for its participation in the insanity defense. The author argues that the expertise available from the specialty is of increasing importance to psychiatry as a whole, as more and more legal issues become relevant to the practice of general psychiatry, and should be actively encouraged and legitimized rather than ostracized. All psychiatrists should be exposed to forensic principles and practices during their training, and the ability of forensic psychiatrists to serve as transducers between the clinical and the legal/judicial should be increasingly used to present the clinical viewpoint effectively in courts and legislatures.     

The main results of expert activities in the forensic biological departments of the bureau of forensic medical expertise of the Russian Federation for 2009

This paper reports the main results of expert activities in the forensic biological departments of the Bureau of Forensic Medical Expertise of the Russian Federation for 2009. Analysis of expert data is supplemented by the comparison of the efficacy of the methods applied for the purpose of forensic medical studies. The information about the staff composition, material and technical support of the forensic biological departments is presented. A number of drawbacks have been revealed in the work of the forensic biological departments; recommendations are proposed for the improvement of their activities.     

Scientific standards for studies in forensic genetics

Forensic molecular genetics has evolved from a rapidly developing field with changing technologies into a highly recognized and generally accepted forensic science, leading to the establishment of national DNA databases with DNA profiles from suspects and convicted offenders. DNA evidence has taken a central role by carrying a significant weight for convictions, as well as by excluding innocent suspects early on in a criminal investigation. Due to this impact on the criminal justice system, guidelines for research in forensic genetics have been introduced already since many years. The most important issues regarding the selection and definition of typing systems both for paternity testing and for forensic identification, the criteria for technical and biostatistical validation, as well as the use of mitochondrial DNA analysis are summarized and discussed.     

Geographic forensic medicine and forensic sciences

The necessity of learning more about the criminality and the culture of persons from overseas is upon us. As forensic scientists, we have to take a lead in presenting information to our colleagues that would facilitate their investigations. In this paper, we look at many of the different cultures that have been presented to American authorities, and the activities of the Milton Helpern International Center for the Forensic Sciences are discussed.     

基于Citespace的法医临床学研究发展历程分析

目的运用Citespace软件对法医临床学相关文献绘制知识图谱、进行可视化分析,探究该学科领域研究热点和动态发展,梳理鉴定难点脉络。方法汇总CNKI收录《中国法医学杂志》《刑事技术》《法医学杂志》《中国司法鉴定》刊登的法医临床学相关论文,利用Citespace分析其关键词、研究热点、基金资助、作者、发文机构及所在地等。结果法医临床学作为法医学分支学科之一,近年来呈现的科研成果部分获基金资助,多由开设法医学专业的院校完成;随着科研理论、技术方法推陈出新,法医临床学鉴定标准、版本也得以构建、更迭、完善,鉴定体量位居法医"四大类"之首。结论作为最具中国特色的法医学分支学科,法医临床学研究着重服务司法实践、以期用成果技术反哺鉴定,实现学术、实践的交流、转化。通过Citespace知识图谱可视化分析学科发展历程,有助于回溯此间规律,提示未来研究方向,提升鉴定业务水平,为持续增强法医临床学学科影响力提供借鉴。