Evaluating the accuracy and precision of cranial morphological traits for sex determination

Sex determination is a key analysis that forensic anthropologists perform in order to construct a biological profile of human remains. The techniques used in forensic investigations must meet the Mohan or Daubert criteria, for admissibility in a court of law. In this study, the precision and accuracy of 21 morphological characteristics of the skull were tested on a modern sample of 50 adult crania of European White ancestry. The following craniofacial features are identified as high-quality traits, defined by intraobserver error or=80%: mastoid size, supraorbital ridge size, general size and architecture, rugosity of the zygomatic extension, size and shape of the nasal aperture, and gonial angle. Ninety-six percent accuracy and 92% precision were achieved using 20 traits in combination. Fisher's exact probability tests revealed no significant differences (p=0.05) in the levels of precision or accuracy between age categories. Sex-related bias in accuracy was found for the following cranial features: ramus symphysis (p=0.009), zygomatic extension (p=0.0016), and occipital markings (p=0.0013). These traits demonstrated a greater tendency to be scored male than female.     

Adults’ Judgments of Children's Coached Reports

This study investigated adults’ judgments of the honesty of children's coached true and fabricated mock testimony. Adults saw video clips of children testifying in a mock court about a true or fabricated event in their lives. They were asked to make an assessment of the truthfulness of the testimony, and respond to questions about their perception of children's credibility. Half of the adults saw children testifying after a competence examination, and the other half saw children testifying without a competence examination. Overall, girls were rated as more competent than boys, and their testimony was more likely to be believed. Younger children were more likely to be rated as incompetent than older children. A factor analysis of adults’ responses revealed six factors which significantly predicted adults’ overall assessment of children's credibility, and their evaluations of children's competence to testify. Adults’ detection accuracy was at chance, with the majority of children rated as truthful. Viewing the competency examination and cross-examination did not improve the adults’ detection accuracy. However, seeing the cross-examination made adults’ less likely to believe children's testimony. The implications of these results for the judicial system are discussed.     

反思精神障碍强制医疗的“危险性”原则

很多国家精神卫生立法在强制医疗人院标准方面都适用了“危险性”原则,我国《精神卫生法》也在其列。然而,“危险性”原则是基于三个错误的假设,因此实际上“危险性”原则可能会增加精神疾病对患者的伤害和较大程度增加社区危险的风险。本文呼吁参考Large及Richardson的观点及美国部分州与苏格兰精神卫生立法的实证经验,在“危险性”原则基础上补充“拒绝治疗的能力”评定作为精神障碍者强制医疗入院标准。     

亲属拒证权制度与亲属伦理结构关系研究

亲属拒证权制度因有助于维护良好的亲属伦理秩序而得到世界各国的普遍认可,这一制度与社会亲属伦理结构之间存在紧密联系。亲属拒证权制度是社会主流亲属伦理观在刑事证人制度中的体现;亲属拒证权制度的制度设计对社会伦理结构具有引导作用,二者之间是一种决定与引导的互动关系。应当根据我国当前亲属伦理结构现状完善亲属拒证权制度,亦应当利用亲属拒证权制度确立的契机引导良好亲属伦理结构的巩固与完善。     

我国诉讼中证人证言证明力探析

证人证言证明力是证人证言对案件起证明作用的关键,就我国诉讼理论和实际而言,由于证人作证意识较差、法律规定的漏洞或相对笼统、司法人员应有素质的欠缺等原因,致使证人证言的证明力较差。为保证案件质量,实现司法公正,提高证人证言证明力已成为我国司法实践中的重要课题。从理论上探讨了证人证言证明力的标准及其重要性;从取证、查证、认证的角度,全面分析了我国诉讼中证人证言证明力的现状;并提出了提高证人证言证明力的途径。     

Development of an instrument for assessing the quality of forensic evidence and expert testimony from three feature-comparison methods: DNA,voice, and fingerprint analysis

In a context of rising violence and long-lasting impunity, in 2008, Mexico's criminal justice system underwent a radical change from an inquisitorial model to an adversarial one, to make it more effective, transparent, and expeditious. The new system tasked judges with publicly determining the admissibility of forensic evidence, as well as assessing its technical quality and probative value—tasks for which they currently receive little to no training. With the aim of contributing to the consolidation of the adversarial model, a comparative framework—in the form of a checklist—of the analysis of fingerprints, DNA samples, and voice recordings was created. To do so, a review of the academic literature, published reports, and guidelines was performed. The collected data were synthesized and submitted to a panel of Mexican judges, who provided feedback on its adequacy. The framework focuses on the steps on which quality assurance of forensic evidence depends, organized in five discrete stages that span from the collection of samples at the scene of a crime to the presentation of evidence at trial, specifying the main technical criteria experts should state to allow a decision maker to examine its accuracy and reliability. Differences and commonalities among the three methods were identified, particularly in terms of how qualitative and quantitative analyses are performed in each. Besides its potential usefulness as an aid for judicial decision-making, the checklist could be a valuable resource for training programs aimed at judges, as well as quality assurance programs.     

Preparing children for cross-examination: do the practice questions matter?

Research has shown that a brief intervention involving practice and feedback can help children maintain accuracy when challenged with cross-examination-style questions. To date, however, researchers have prepared children using the same cross-examination challenges that they would encounter during the subsequent cross-examination interview. It is unknown whether the intervention will still be effective when children later face novel cross-examination-style questions. Six- to 11-year-old children (n?=?132) took part in a staged memory event, and were then interviewed with analogues of direct-examination (1–2 days later) and cross-examination (6–8 weeks later). One week prior to the cross-examination interview, some children participated in a preparation session, where they were given practice answering cross-examination-style questions about an unrelated topic, and feedback on their responses. For half of these children, the cross-examination-style challenges they encountered during the preparation session were the same as the challenges they subsequently faced during cross-examination; for the others, there was no overlap. Relative to a control group that did not receive the intervention, the preparation session resulted in better performance during cross-examination, regardless of the degree of overlap. These findings are encouraging given that we can never predict the questions that cross-examining lawyers will ask children.     

Eye Movement Characteristics of Cooperation Degree during Image Completion Test in Psychiatric Impairment AssessmentCSCD

Objective: To explore the difference of eye movement characteristics between uncooperative and cooperative subjects with mental disorder after cerebral trauma. Methods: Thirty-nine subjects which needed psychiatric impairment assessment were selected. According to the binomial forced-choice digit memory test (BFDMT), all subjects were divided into cooperative and uncooperative groups. The subjects were asked to take the image completion test from Wechsler adult intelligence scale. Meanwhile, the data of eye movement track, fixation, saccade, pupil and blink were recorded by the track system of eye movement. Results: There were significantly differences (P<0.05) in the data of saccade between cooperative (10 cases) and uncooperative groups (29 cases). The frequency, time, amplitude, acceleration of saccadic in uncooperative group were significantly higher than cooperation group. The saccade latencies of cooperation group increased more than uncooperative group. There was a significant difference (P<0.05) in total discrete distance, average distance and total time of fixation between two groups, while the average duration time, number and frequency of fixation had no significantly difference (P>0.05) between two groups. And the blink frequency of cooperation group was higher than uncooperative group. Conclusion: Eye movement can be an objective index for the primary judgment of cooperation level. © 2017 by the Editorial Department of Journal of Forensic Medicine.     

Rape Shield Laws and Sexual Behavior Evidence: Effects of Consent Level and Women’s Sexual History on Rape Allegations

Rape shield laws, which limit the introduction of sexual history evidence in rape trials, challenge the view that women with extensive sexual histories more frequently fabricate charges of rape than other women. The present study examined the relationship between women's actual sexual history and their reporting rape in hypothetical scenarios. Female participants (college students and a community sample, which included women working as prostitutes and topless dancers, and women living in a drug and alcohol rehabilitation center) imagined themselves in dating scenarios that described either a legally definable act of rape or consensual sexual intercourse. Additionally, within the rape scenarios, level of consensual intimate contact (i.e., foreplay) preceding rape was examined to determine its influence on rape reporting. Women were less likely to say that they would take legal action in response to the rape scenarios if they had extensive sexual histories, or if they had consented to an extensive amount of intimate contact before the rape. In response to the consensual sexual intercourse scenarios, women with more extensive sexual histories were not more likely to say that they would report rape, even when the scenario provided them with a motive for seeking revenge against their dating partner.     

论我国司法鉴定人出庭作证制度的完善

司法鉴定人出庭作证对法官采信正确鉴定意见、消除当事人对鉴定意见的怀疑、提高鉴定质量都有重要作用。但目前由于种种原因,司法鉴定人出庭作证率极低,需要我们认真分析其原因,完善司法鉴定人出庭作证制度。