Extra Effort During Memory Retrieval May Be Associated with Increases in Eyewitness Confidence

When testifying in court, witnesses are motivated to try as hard as possible to give an accurate account. This study tested the proposition that extra effort by eyewitnesses during a memory test can lead to higher confidence ratings without any accompanying changes in accuracy. Participant-witnesses answered multiple-choice questions about a classroom visitor who had spoken 5 days earlier. In the high-motivation condition participants could earn prizes based on their memory test performance; in the low-motivation condition there were no special incentives. Although the motivation manipulation did not affect mean witness confidence, the confidence–accuracy and effort–accuracy correlations were substantially smaller in the high-motivation condition than in the low-motivation condition. Furthermore, the confidence ratings for those participants who reported expending high levels of effort in both motivation conditions were significantly higher than the confidence ratings for the low-effort participants, despite the fact that response accuracy did not differ as a function of reported effort. These findings have important implications for understanding how pressures to perform well in the courtroom can affect eyewitness confidence.     

法律语言本质特征的批判性分析——准确性、模糊性抑或严谨性

关于法律语言特征已有相关著述,主要秉持两种观点：一种认为法律语言的本质特征是准确性,另一种认为是模糊性。这两种观点的论据均欠妥当。法律语言的本质特征集中体现在立法语言中,通观我国法律条文的语言表述,法律语言区别于其他语言的本质特征当为严谨性。从词、句和修辞等维度进一步论证,法律语言的本质特征也当为严谨性。     

银行信用证审单标准的法哲学思考:精确性、模糊性还是原则性

银行信用证的审单有精确性标准、模糊性标准和原则性标准之分。精确性标准的主要理论学说为镜像标准说,模糊性标准的代表学说是实质相符理论,而原则性标准在法律上的反映则是严格相符。精确性标准因过于僵化和刻板,无法适应客观实践的需要;模糊性标准因具有随意性而日趋式微;原则性标准克服了镜像标准和实质相符标准的不足,为开证行的审单确立了一个合理的标准,这种标准既给开证行提供了一个“单单相符、单证相符”的具体的审单尺度,同时,也给开证行提供了一定的灵活操作空间,可谓是灵活性和规范行相结合的典范。     

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.     

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 accuracy >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.     

Intimate Partner Violence Victims’ Accuracy in Assessing their Risk of Re-abuse

Using four categories of accuracy (true positive, false positive, true negative, false negative), this study explored (1) how accurately intimate partner violence (IPV) victims are able to assess their risk of re-abuse; and (2) potential predictors of accuracy. Women seeking help for IPV (N = 246) rated the likelihood that they would experience physical re-abuse in the coming year and then reported 18 months later whether those risks had been realized. Victim assessments were more likely to be right than wrong, and were subject to neither a pessimistic nor optimistic bias. In the multivariate analysis, significant/marginally significant predictors of the accuracy categories were the history of violence from this and former partners, level of substance use, PTSD symptoms, and the recency of the violence. Among the more robust findings were the connection between level of stalking and true positives, and between substance use and false negatives. This study suggests that victim assessments have significant potential to inform practice, and deserve further exploration.

The Accuracy and Repeatability of Reconstructing Single Bullet Impacts Using the 2D Ellipse Method

When a bullet punctures a surface, it leaves behind a bullet impact, which can be analyzed in order to determine the origin and trajectory path from which a bullet was discharged using many different scientific methods to reconstruct a shooting scene. The purpose of the research was to test the accuracy and repeatability of reconstructing the impact angle of single bullet impacts using the ellipse method. The research was conducted by firing various calibers of ammunition into drywall panels positioned at varying angles of incidence from 88° until ricochet occurred. This was done in order to determine which caliber type and angle of incidence are most accurate and precise for reconstructing a shooting scene. The study examined four caliber types fired into drywall panels, with 5 repeated shots for each of the 11 angles of incidence (n = 220). Furthermore, 31 participants partook in the study to estimate a bullet impact angle of incidence utilizing the ellipse method. The results show that the best performance (accuracy and repeatability) is seen with the measurements of the 0.45 caliber ammunition. When angle of incidences is low (<64°), the performance (accuracy and repeatability) was seen to be better in all caliber ammunitions. Overall, the data provided for single bullet impacts deposited in drywall show that the ellipse method is useful in providing measurements for most crime scene reconstruction purposes and has also demonstrated that results vary depending on the type of ammunition, firearm, and angle of incidence being examined.     

Pitfalls of Computed Tomography 3D Reconstruction Models in Cranial Nonmetric Analysis*

Many studies in the literature have highlighted the utility of virtual 3D databanks as a substitute for real skeletal collections and the important application of radiological records in personal identification. However, none have investigated the accuracy of virtual material compared to skeletal remains in nonmetric variant analysis using 3D models. The present study investigates the accuracy of 20 computed tomography (CT) 3D reconstruction models compared to the real crania, focusing on the quality of the reproduction of the real crania and the possibility to detect 29 dental/cranial morphological variations in 3D images. An interobserver analysis was performed to evaluate trait identification, number, position, and shape. Results demonstrate a false bone loss in 3D models in some cranial regions, specifically the maxillary and occipital bones in 85% and 20% of the samples. Additional analyses revealed several difficulties in the detection of cranial nonmetric traits in 3D models, resulting in incorrect identification in circa 70% of the traits. In particular, pitfalls included the detection of erroneous position, error in presence/absence rates, in number, and in shape. The lowest percentages of correct evaluations were found in traits localized in the lateral side of the cranium and for the infraorbital suture, mastoid foramen, and crenulation. The present study highlights important pitfalls in CT scan when compared with the real crania for nonmetric analysis. This may have crucial consequences in cases where 3D databanks are used as a source of reference population data for nonmetric traits and pathologies and during bone-CT comparisons for identification purposes.     

Fingerprint error rate on close non‐matches

The accuracy of fingerprint identifications is critically important to the administration of criminal justice. Accuracy is challenging when two prints from different sources have many common features and few dissimilar features. Such print pairs, known as close non‐matches (CNMs), are increasingly likely to arise as ever‐growing databases are searched with greater frequency. In this study, 125 fingerprint agencies completed a mandatory proficiency test that included two pairs of CNMs. The false‐positive error rates on the two CNMs were 15.9% (17 out of 107, 95% C.I.: 9.5%, 24.2%) and 28.1% (27 out of 96, 95% C.I.: 19.4%, 38.2%), respectively. These CNM error rates are (a) inconsistent with the popular notion that fingerprint evidence is nearly infallible, and (b) larger than error rates reported in leading fingerprint studies. We conclude that, when the risk of CNMs is high, the probative value of a reported fingerprint identification may be severely diminished due to an elevated false‐positive error risk. We call for additional CNM research, including a replication and expansion of the present study using a representative selection of CNMs from database searches.     

Dental hygiene students' matching accuracy when comparing antemortem dental radiographs and oral photographs to simulated postmortem WinID3® odontograms

Matching dental antemortem (AM) and postmortem (PM) data for human identification is especially challenging when the workforce is limited. Dental hygienists have served mass fatality incidents (MFIs) due to dental-related expertise. However, forensics within dental hygiene education and research on transferable skills is limited. This qualitative balance design study assessed senior dental hygiene students' match accuracy of simulated cases varying in dental identifiers based on AM full mouth series (FMS) radiographs and oral photographs to PM WinID3^® odontograms to demonstrate possible disaster victim identification (DVI) transferable skills gained during formal education. A convenience sample of senior dental hygiene students (n = 31) was presented information on WinID3^® interpretation, then presented with 5 mismatched cases and asked to visually interpret each to make 10 total matches; five based on AM FMS with simulated PM WinID3^® odontograms and five based on AM photographs with PM WinID3^® odontograms. Match accuracy scores ranged from 41.9% to 58.1% for cases with 1–10 identifiers, and 77.4% to 93.5% for cases with 11–40 identifiers. Accuracy when matching AM radiographs to PM odontograms versus AM photographs to PM odontograms was compared and revealed no statistical differences in match accuracy depending on image type (p = 0.388 to 1.000). Results of this pilot study suggests transferable match accuracy skills resulted from the participants' dental hygiene formal education. These baseline skills with additional specialized training support the rationale for dental hygienists serving on DVI teams. More research is needed in education and practice when preparing dental hygienists for forensic-based service.