中国司法鉴定救助制度的实证研究

我国司法鉴定救助制度运作虽时日不久,但却积累了较为丰富的经验。实践中的典型案例和一些鉴定机构、法律援助部门的统计数据表明：目前规模性的鉴定救助兴起于2006年,并主要发生于民诉领域;同时,司法鉴定救助的对象大多是因交通事故、工伤等引发伤残鉴定的农民或农民工等弱势群体。毋庸置疑,鉴定机构与法律援助部门在推动我国司法鉴定救助方面起了重要作用。鉴定救助的现状是与当前司法鉴定制度改革背景、法律援助的多年经验,以及其它特殊条件共同促动的,虽然存在不少问题,但其探索启示了进一步的发展之路。     

Joining anthropology and law enforcement

The role of anthropology in law enforcement involves three aspects of law enforcement activity; forensic anthropology, police-community relations research, and legal ethnographic research on the law enforcement agencies themselves. The first of these contributions to law enforcement by physical anthropologists faces competition from other closely related fields. Police-community relations research is a potential growth area for the application of anthropological efforts, as is legal ethnographic analysis of police organizationa. These latter two areas are within the realm of social anthropology, while the former is a specialty of physical anthropology. This article reviews the contributions of anthropologists and the applications of anthropological methods to law enforcement. It contends that criminal justice educators and police practitioners alike can benefit from knowing more about how these anthropological specialties have contributed and can continue to contribute to law enforcement.     

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.     

Discriminant function sexing of the mandible of indigenous South Africans

South Africa currently has a high homicide rate. This results in a large number of unidentified bodies being recovered each year, many of which are referred to the forensic examiner. This situation has resulted in considerable growth of forensic anthropological research devoted to devising standards for specific application in South African medico-legal investigations. The standards suitable for Black South Africans now encompass a wide variety of skeletal elements (e.g. cranium, humerus, pelvis, femur, patella, talus, calcaneus), each with differing degrees of accuracy. Apart from a preliminary investigation of the Zulu local population, however, we note that there appears to be no established metric mandible discriminant function standards for sex determination in this population. The purpose of the present study is to undertake a comprehensive analysis of sexual dimorphism in the mandible of Black South Africans, incorporating individuals from a selection of the larger local population groupings; the primary aim is to produce a series of metrical standards for the determination of sex. The sample analyzed comprises 225 non-pathological mandibles of Black South African individuals drawn from the R.A. Dart Collection. Nine linear measurements, obtained from mathematically transformed three-dimensional landmark data, are analyzed using basic univariate statistics and discriminant function analyses. All of the measurements examined are found to be sexually dimorphic; the dimensions of the ramus and corpus lengths are most dimorphic. The sex classification accuracy of the discriminant functions ranged from 70.7 to 77.3% for the univariate method, 81.8% for the stepwise method, and 63.6 to 84% for the direct method. We conclude that the mandible is a very useful element for sex determination in this population.     

Anthropological and radiographic comparison of vertebrae for identification of decomposed human remains

This case study demonstrates the importance of involving an anthropologist in forensic situations with decomposed remains. Anthropological consultation was used in conjunction with the comparison of antemortem and postmortem radiographs to establish positive identification of unknown, decomposed remains. The remains had no traditional identifying features such as fingerprints or dental. Through anthropological analysis, it was determined the decedent was male, between 20 and 23 years at time of death and c. 5'2' tall. This information allowed for a presumptive identification and a request for antemortem radiographs. The missing person was identified comparing the spinous processes of the cervical and thoracic vertebrae between ante- and postmortem radiographs.     

法医学鉴定强制性标准的现状、问题和对策——以《强制性国家标准管理办法》为视角

法医学鉴定意见是重要的诉讼证据,鉴定标准尤其是强制性标准直接影响鉴定意见的科学性、公正性和权威性。当前我国法医学鉴定的强制性国家标准仅有3项,推荐性国家标准及行业标准489项。法医学标准数量有限,尤其强制性标准奇缺,已经影响到我国法医学鉴定实践和学科发展。《强制性国家标准管理办法》旨在加强和推进我国强制性国家标准的管理和发展。笔者建议,以该办法的实施为契机,相关行政管理部门应当发挥更多作用,采取有力措施推进法医学鉴定强制性国家标准的制定,进一步补充、修改、完善法医学鉴定行业标准,强化法医学鉴定强制性国家标准的执行。     

Personal identification of cold case remains through combined contribution from anthropological, mtDNA, and bomb-pulse dating analyses

In 1968, a child's cranium was recovered from the banks of a northern Canadian river and held in a trust until the "cold case" was reopened in 2005. The cranium underwent reanalysis at the Centre for Forensic Research, Simon Fraser University, using recently developed anthropological analysis, "bomb-pulse" radiocarbon analysis, and forensic DNA techniques. Craniometrics, skeletal ossification, and dental formation indicated an age-at-death of 4.4 ± 1 year. Radiocarbon analysis of enamel from two teeth indicated a year of birth between 1958 and 1962. Forensic DNA analysis indicated the child was a male, and the obtained mitochondrial profile matched a living maternal relative to the presumed missing child. These multidisciplinary analyses resulted in a legal identification 41 years after the discovery of the remains, highlighting the enormous potential of combining radiocarbon analysis with anthropological and mtDNA analyses in producing confident personal identifications for forensic cold cases dating to within the last 60 years.     

A forensic visual aid: Traces versus knowledge

In this paper, I introduce the Forensic Field Map (FFM) that provides a two-dimensional view on the forensic field. This field is by definition very broad, encompassing a wide range of scientific areas and activities. The forensic work that supports solving criminal cases ranges from recognizing and preserving traces at crime scenes to explaining forensic results as expert witness in court. This goes hand in hand with the development of scientifically based methods and tooling as well as legal, forensic and laboratory procedures. Although the FFM came into being while developing a (visual) framework for digital forensic investigations, the framework turned out to be generically applicable to other forensic disciplines.     

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 Role of Forensic Anthropology in the Examination of the Daegu Subway Disaster (2003, Korea)*

Abstract: Meticulous recovery of victims in the Daegu subway disaster was possible, because charred and fragmented victims were left in situ. Because bodies were piled one over another within the train, appropriate methodology during the recovery was critical to identifying the victims. The disaster area was thoroughly documented with notes, photographs, and schematic drawings of the various locations. The recovery team, comprising two medical examiners and one forensic anthropologist, decided when charred body parts and cremated bones were linked to the same individual based on the anatomy and forensic anthropological examination. Without these recovery procedures, it would not have been possible to efficiently harvest representative DNA sample from most of the victims’ body parts. After the entire process of identification, 136 victims were positively identified, and six victims remained unidentified. This study supports the crucial role of forensic anthropologists in the recovery of victims, especially in fire scenes.     

Medicolegal anthropology in France.

Medicolegal anthropology has a very long history in France. Basic studies on human skeletal remains started as early as the 18th century. The 19th century produced many medical theses and research papers on age, sex, as well as stature estimation. The research proliferated in the first 60 years of the 20th century, much of which is still in use in France and abroad. The later half of the 20th century, however, was dormant in research on human skeletal biology at a time when forensic anthropology was becoming an active field worldwide. In the last decade, medicolegal anthropology took a different perspective, independent of its traditional roots. Research and practice have both been in the professional domain of forensic physicians unlike the situation in many other countries. Population based studies requiring large databases or skeletal collections have diminished considerably. Thus, most research has been on factors of individualization such as trauma, time since death, crime scene investigation, and facial reconstruction. It is suggested that there is a need for cooperation between the forensic physician and anthropologist to further research. This also encourages anthropologists to carry out research and practice that can fulfill the needs of the medicolegal system of the country.     

中世纪欧洲法医学溯源

法医学是应用病理学、生物学、生物化学和其他医学科学理论和技能解决法律问题,为侦查和审判提供证据的科学。法医学学科属性是医学,其目的是解决法律问题,因而法医学同时具有自然科学和人文科学属性。现今,我们对于法医学的研究往往局限在自然科学领域,而对其人文学科属性却有所忽视。当代西方法医学起源自中世纪的欧洲大陆,当时罗马法和教会法占统治地位,它们没有设立陪审团制度,而且允许对嫌疑人进行刑讯逼供,而英美法系的司法审判程序设立了陪审团制度。在这两种司法体制下,法医医学证言、证词逐步形成了两种形式：英美法系控诉式诉讼体制下的言辞证据形式和罗马法诉讼中纠问体制下的书证形式。本文将对中世纪欧洲的法医学进行溯源研究,从欧洲法医学的起源和发展角度,完善法医学史研究内容,为世界法医学史比较研究提供借鉴。     

我国司法鉴定法律援助制度的规范构建——以29个地方制定的司法鉴定法律援助规定为研究对象

建立司法鉴定法律援助制度有助于减轻困难群体的经济负担,有效保障其诉讼权,还能加强对司法鉴定机构的指导和监督,促进其承担一定的社会责任,进而维护社会稳定,促进司法公正.通过对我国部分地方制定的司法鉴定法律援助制度的规范分析来看,主要是对司法鉴定法律援助的主体、方式、类别、程序、经费补贴进行了规定.但现有的司法鉴定法律援助...     

Progress in forensic anthropology: the 20th century

Anthropological contribution to forensic sciences has been multifaceted and the progress has been remarkable in the last quarter of this century. The field has brought together scientists from all around the world. The purpose of this paper is to present a special issue on forensic anthropological research. Some of the papers cover age estimation from the ankle and knee epiphyses (India), basioccipital synchondrosis (also India), sternal end rib metamorphosis in Turks, and histomorphometry of the Japanese. Sex determination from the South African cranium and Mongoloid humerus are the subject of two papers. Factors of individualization include a comparison of photographic images using neural network, bone trabecular radiography, determination of handedness from the humerus, time since death using 210Po to 210Pb ratio, and changes in the mineral content of bone after burial. From the papers in this special issue it can be concluded that there will be integration of many areas of forensic sciences to deal with anthropological issues in the 21st century. Estimation of time since death will be based on new and more precise techniques. Further research is needed to develop population specific osteological standards for populations of Africa, central and southeast Asia and Pacific region. In addition, there will be an increased interest in the study of living people.     

A multidisciplinary investigation of chronic animal abuse: Collaboration between veterinary forensics and forensic anthropology

An unknown juvenile female mixed breed dog was found non‐ambulatory on a dead‐end street in an urban setting adjacent to a public park. During initial veterinary examination, she was assessed to have untreatable injuries and was humanely euthanized. The forensic veterinarian requested consultation from a forensic anthropologist to assist with documenting antemortem skeletal trauma. Analyses of skeletal tissues indicated numerous injuries in various stages of healing diagnostic of non‐accidental injuries. Veterinary forensic cases may benefit from collaborative analysis of bony remains by forensic anthropologists.     

Multi-Rater Agreement Using the Adapted Fracture Healing Scale (AFHS) for the Assessment of Tubular Bones on Conventional Radiographs: Preliminary Study*

Better understanding of the timing of fracture healing may help in cases of interpersonal violence but also of personal identification. The intra- and inter-rater agreement for the adapted fracture healing scale (AFHS) assessing the post-traumatic time interval on radiographs were tested. This is a preliminary study, providing essential information on method reliability for upcoming studies using the AFHS. Five raters (two radiologists, a forensic pathologist, an orthopedist, and an anthropologist) were presented with a test in three parts consisting of 85 radiographs (from 30 adults) of fractures of tubular bones in different stages of healing purposefully selected from more than 1500 radiographs. The raters were firstly asked to assess 15 features describing fracture healing as present, absent, or not assessable. Thereafter, the raters were asked to choose from the AFHS a single-stage best representing the observed healing pattern. The intra- and inter-rater agreement were assessed using single-rating, absolute agreement, two-way mixed-effects intra-class correlation (ICC) coefficients. The intra-rater ICC of radiologist 1 ranged from 0.80 to 0.94. The radiologists’ inter-rater ICC ranged from 0.68 to 0.74, while it ranged from −0.01 to 0.90 for the other raters. The good to excellent ICC among the radiologists and forensic anthropologist provides good foundation for the use of the AFHS in forensic cases of trauma dating. The poor to good results for the other physicians indicate that using the AFHS requires training in skeletal anatomy and radiology.     

Minimal standards for the performance and interpretation of toxicology tests in legal proceedings.

There have been several high profile criminal and civil cases that have been litigated in recent years involving toxicologic analyses and interpretations of blood, urine, and other specimens for drugs of abuse. Disputes have erupted between prominent toxicologists and laboratory scientists as to the validity and interpretation of the data presented. The disputes centered around the fact that the procedures used in these cases had not been properly validated with analytical noise being misinterpreted as a positive result. As with any analyses, forensic tests must be conducted in a manner such that they meet the minimum standards accepted within the toxicology community. No conclusions as to presence or absence of drug, its concentration, or its physiologic effects can be made if there is a failure to meet these basic standards. Several cases are presented where these standard tenets may not have been followed.     

Assessing age-related morphology of the pubic symphysis from digital images versus direct observation

The increasingly global role of a forensic anthropologist necessitates a proper means for archiving evidence for re-examination. Large quantities of evidence can be stored and be made readily accessible through digital imaging. This study focuses on age assessment from digital photographs for personal identity reconstructions. A comparison of 52 Suchey-Brooks scores assigned to digital images and actual bone revealed that age assessment from digital images can be completed with accuracy. Coefficients of concordance imply that there significant agreement between osteological assessment of aging criteria from digital images and direct observation-greater than random change alone (p < 0.05). However, assessments from images should be approached with caution since there are inherent limitations of the naked eye in identifying morphological changes in certain skeletal features, especially where older adults are concerned. Although there is no replacement for a hands-on physical assessment, a digital archive may facilitate the global needs of the forensic anthropologist.     

Facial soft tissue thickness in skeletal type I Japanese children

Facial reconstruction techniques used in forensic anthropology require knowledge of the facial soft tissue thickness of each race if facial features are to be reconstructed correctly. If this is inaccurate, so also will be the reconstructed face. Knowledge of differences by age and sex are also required. Therefore, when unknown human skeletal remains are found, the forensic anthropologist investigates for race, sex, and age, and for other variables of relevance. Cephalometric X-ray images of living persons can help to provide this information. They give an approximately 10% enlargement from true size and can demonstrate the relationship between soft and hard tissue. In the present study, facial soft tissue thickness in Japanese children was measured at 12 anthropological points using X-ray cephalometry in order to establish a database for facial soft tissue thickness. This study of both boys and girls, aged from 6 to 18 years, follows a previous study of Japanese female children only, and focuses on facial soft tissue thickness in only one skeletal type. Sex differences in thickness of tissue were found from 12 years of age upwards. The study provides more detailed and accurate measurements than past reports of facial soft tissue thickness, and reveals the uniqueness of the Japanese child's facial profile.     

司法鉴定的立法思考

司法鉴定问题是当前司法体制改革的热点问题,由于缺乏统一立法,司法鉴定分类标准、启动程序和监督等存在明显缺失,因此应当遵循科学立法、民主立法、统一立法原则,从司法鉴定执业类别、司法鉴定启动程序以及司法鉴定监督等方面入手,进一步规范鉴定管理、鉴定行为、鉴定程序,健全司法鉴定监督机制。