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.     

3D打印冲击下专利间接侵权制度研究

近20多年来,3D打印技术的迅猛发展及其打印成本的不断下降,使其渐渐开始融入到人们的日常生活之中。在网络时代背景下,3D数据文件作为侵权客体的关键部件,能够通过网络共享迅速地传播,将给现有的专利侵权制度带来一场变革。3D打印模式下专利侵权呈现出版权化趋势,使现有专利侵权制度中共同侵权的实用性严重萎缩,而借鉴帮助侵权、代位侵权也并非长远之计。所以,面对专利侵权新模式,归根结底还是专利间接侵权制度的构建问题。与此同时,借鉴美国《数字千年版权法》也是应对冲击的策略之一。     

Application of Structured-Light 3-D Scanning to the Documentation of Plastic Fingerprint Impressions: A Quality Comparison with Traditional Photography

Plastic fingerprint impressions found at crime scenes are often too delicate for collection, leaving photography as the best option for documentation. However, traditional photography techniques can be inadequate in documenting minute 3-D details due to limitations of the camera and lighting conditions. This study investigated the feasibility of applying commercially available structured-light 3-D scanners in the documentation of plastic prints. Attempts were made to develop a procedure to extract curvature features from 3-D scanned fingerprints and flatten the friction ridge features into two-dimensional (2-D) images to allow direct comparison with the traditional photography in the CSIpix^® Matcher and NFIQ 2.0 software. Two 3-D scanners were evaluated a Dentsply Sirona inEos X5^® and an Artec Space Spider. In this study, 3-D scanners demonstrated robustness as well as efficiency in the collection of plastic fingerprint impressions in select substrates. One of the developed methods utilizing a discrete geometry operator and convexity features outperformed traditional photography, achieving higher software detection scores in minutiae count and match quality, while traditional photography could not always capture enough high-quality minutiae for comparisons, even after digital enhancement.     

Effectiveness of comparison overlays generated with DentalPrint software in bite mark analysis

Validation studies of the new DentalPrint software were carried out with experimental bite marks in pigskin. The bite marks were digitally photographed according to the ABFO guidelines for evidence collection. Dental casts used in the experiment were scanned in 3D and 2D, and comparison overlays were generated using DentalPrint and Adobe Photoshop software, respectively. Digitized photographs of the experimental bite marks and the biting edges obtained in the overlays were compared by two different examiners to analyze the impact of training and experience with the two methods. Receiver operating characteristic (ROC) analysis, sensitivity, specificity, and 95% confidence intervals for each cutoff point were calculated. The expert examiner using DentalPrint obtained the best results, with an area under the ROC curve of 0.76 (SE=0.057; CI at 95%=0.652-0.876). Fairly high specificity values were found for DentalPrint, and the best results were obtained for the cutoff value that discriminated between the examiner's response "biter" and the rest of the possible (specificity 97.9%, CI at 95%=93.2%-99.6%). Therefore, the results presented here indicate that DentalPrint is a useful, accurate tool for forensic purposes, although further research on the comparison process is needed to enhance the validity of bite mark analysis.     

Comparing the performance of IBIS and BulletTRAX-3D technology using bullets fired through 10 consecutively rifled barrels

This study evaluates the abilities of the Integrated Ballistics Identification System (IBIS) and BulletTRAX-3D electronic imaging systems to identify bullets fired by the same weapon in a large database of images. Ten consecutively rifled handgun barrels were test fired to obtain reference sample and known match sample pairs for upload onto both bullet acquisition systems. Both copper-jacketed and lead bullets were uploaded, to account for variations in the manner in which markings are reproduced on the different metal compositions. Ranked correlation lists were examined and evaluated. For copper-jacketed bullet correlations, both IBIS and BulletTRAX-3D identified all reference samples to their known matches within the top 10 positions. For lead bullets, BulletTRAX-3D identified all reference samples to their known match in the top 10 positions while IBIS identified only 30%. For inter composition comparisons, BulletTRAX-3D was more successful than IBIS, identifying 100% of reference samples to their known match in the top 20 for copper-jacketed to lead comparisons and 90% for lead to copper-jacketed comparisons. These results suggest that BulletTRAX-3D is more effective than IBIS in the analysis of a wider range of bullet types and it was also found to produce images of superior quality.     

中医医疗技术损害侵权鉴定中的证据审查分析简

近些年,随着全民养生保健意识的逐步提高,选择中医治疗的患者越来越多,接踵而来的是因中医医疗技术损害引起纠纷的案件数量的攀升。但目前国内外大多数都是按照西医治疗的标准进行鉴定,一直未形成具有针对性、系统性、统一性的中医医疗纠纷鉴定的标准与原则。本文中,作者旨在结合《侵权责任法》中医疗技术损害责任的相关规定,阐述中医辨证论治的特点,审查分析中医医疗技术纠纷鉴定中的相关证据。     

Making sense of body-worn cameras in a police organization: a technological frames analysis

ABSTRACT

This case study of a small police agency in the United States uses semi-structured interviews, a patrol officer survey, and observations, to examine the technological frames of managers and users for interpreting the implementation and use of body-worn cameras. A technological frames approach allows for an in-depth comparison of the knowledge, assumptions, and interpretations of a new technology between groups and for an examination of the processes that may lead to these perceptions changing over time. Although users were initially wary of managers’ rationale for camera implementation, their frames evolved as they realized that body-worn cameras were not being used to identify instances of minor misconduct or policy violations. This development of a more positive perspective was further strengthened by the discovery of additional benefits of body-worn camera use, including protecting users from frivolous complaints and their evidentiary value. These findings challenge the notion that ‘first impressions last’ and that differences in group frames inevitably lead to conflict and unsatisfactory outcomes.     

新型微流体液相色谱(micro-LC)串联四极杆质谱检测头发中5种苯二氮卓类药物

目的建立了新型微流体液相色谱(micro-LC)串联四级杆质谱检测头发中5种苯二氮卓类药物(三唑仑,α-羟基咪达唑仑,咪达唑仑,α-羟基阿普唑仑,普拉西泮)。方法采用液-液萃取法(LLE)提取毛发样品,微流体液相色谱串联四级杆质谱检测。结果在回归系数大于0.99的情况下,目标分析物的良好线性。精密度和萃取效率分别在2.7%~17.1%和66.5%~120.5%之间。每个分析物的检出限和定量限分别为0.001~0.08 pg·mg^-1和0.0125~0.25pg·mg^-1。结论本方法与传统的液相色谱串联质谱法(LC/MS-MS)相比灵敏度出高2-10倍。本研究展示了新型微流体分离系统串联质谱方法的实用性,并为法医毒理学领域关于头发样本中痕量药物检测提供了一种新的检测手段。     

An evaluation of measurement uncertainty of trajectory angles using a 3D laser scanner

Measuring trajectory angles of bullet defects at a crime scene is an important part of crime scene investigation as these angles can be used for shooting incident reconstructions. The Washington State Patrol Crime Scene Response Team (WSP CSRT) had a desire to report and use measured trajectory angles. To report quantitative measurements, a statement of uncertainty for the measurement must also be reported due to an accreditation requirement through the ANSI National Accreditation Board (ANAB), through which the WSP CSRT is accredited. This evaluation examined the measurement uncertainty of the 3D laser scanning method that the WSP CSRT utilizes for measuring the vertical and azimuth angles from trajectory rods fitted to bullet defects. Three studies were performed which examined the variation of vertical and azimuth angle measurements from trajectory rods on flat surfaces, the variation of azimuth angle measurements from a trajectory rod on a curved surface, and a traceability study with known vertical and azimuth angle measurements. Seven common substrates were selected as target materials and were shot with 9 mm Luger and 0.45 Auto caliber bullets. A vehicle with one bullet defect was utilized for the curved surface study. The WSP's current fleet of Trimble X7 3D laser scanners, the WSP Criminal Investigation Division (CID) Detectives who operate these scanners, and the Forensic Scientists responsible for trajectory rod placement and angle measurements were utilized. An overall measurement uncertainty of +/− 2.6 degrees at an approximate 95% confidence interval was determined for all trajectory angles measured from trajectory rods.     

Privacy by design and anonymisation techniques in action: Case study of Match technology

Privacy by Design is now enjoying widespread acceptance. The EU has recently expressly included it as one of the key principles in the revised data protection legal framework. But how does Privacy by design and data anonymisation work in practise? In this article the authors address this question from a practical point of view by analysing a case study on EU Financial Intelligence Units (“FIUs”) using the Ma³tch technology as additional feature to the existing exchange of information via FIU.NET decentralised computer network. They present, analyse, and evaluate Ma³tch technology from the perspective of personal data protection. The authors conclude that Ma³tch technology can be seen as a valuable example of Privacy by Design. It achieves data anonymisation and enhances data minimisation and data security, which are the fundamental elements of Privacy by Design. Therefore, it may not only improve the exchange of information among FIUs and allow for the data processing to be in line with applicable data protection requirements, but it may also substantially contribute to the protection of privacy of related data subjects. At the same time, the case study clearly shows that Privacy by Design needs to be supported and complemented by appropriate organisational and technical procedures to assure that the technology solutions devised to protect privacy would in fact do so.     

Time-dependent immunohistochemical detection of proinflammatory cytokines (IL-1β, IL-6, TNF-α) in human skin wounds

The proinflammatory cytokines interleukin-1beta (IL-1β), interleukin-6 (IL-6) and tumour necrosis factor-alpha (TNF-α) hold important functions in the early and late courses of inflammation, trauma and wound healing. In the present study, human skin wounds due to sharp force (n=105) were collected during surgery and autopsy. The wound age mainly varied from several minutes to 5 h, some specimens aged up to 6 weeks. Control specimens from uninjured skin were available in each case. After preparation of cryostat sections, immunohistochemistry was performed according to the APAAP technique, using monoclonal and polyclonal antibodies. The results were evaluated semiquantitatively. All markers were weakly expressed in normal human skin constitutively. However, the staining pattern changed significantly in vital wounds concerning epidermal layers, subepidermal cells, vessels and sweat glands. IL-1β and IL-6 showed enhanced expression after 15 and 20 min at the earliest (increase of epidermal reactivity). After 30–60 and 60–90 min, respectively, marked expression was observed with these markers. Similar alterations were detectable with TNF-α after 15 and 60–90 min. The reactivity of all three markers persisted over several hours, then decreased to basal levels again and sometimes reappeared after days and in granulation tissue. Leukocytes reacting with IL-1β and IL-6 appeared after approximately 2 h. Conclusion: proinflammatory cytokines can serve as a useful tool for the estimation of vitality and wound age, in particular in the early post-traumatic interval prior to leukocyte reaction. Autolysis did not play a role in the samples investigated (postmortem interval up to 8 days). Problems could sometimes rise from constitutive expression. Therefore, it is recommended to examine control samples from the same individual and to compare the reactivity with wound specimens.     

人外周血FoxO3a mRNA表达随龄变化规律的初步研究

目的评估人外周血中FoxO3a mRNA表达的随龄变化规律,为法医学个体年龄推断寻找新的分子指标。方法采集80个健康无关个体血样,按年龄分为8组:≤9岁、10～19岁、20～29岁、30～39岁、40～49岁、50～59岁、60～69岁、≥70岁组,每组10人。提取总RNA后,用实时定量RT-PCR技术检测FoxO3a mRNA的表达水平。结果人外周血FoxO3a mRNA表达随年龄的增长而逐渐增加,具有良好的相关性(r=0.841,P0.01),以年龄分组为自变量,FoxO3a mRNA表达水平为因变量,可得拟合曲线Y=0.001e0.418x。结论人外周血中FoxO3a mRNA表达具有较强的年龄特征,有望成为年龄推断的有用指标之一。     

Probation system in Turkey: an analysis of a public policy formation using multiple streams framework

Turkey initiated a major reform in its criminal justice system in 2005 and a probation system was officially created. This article analyses the probation policy formation, and development processes in Turkey using a multiple streams framework (MSF), as theorised by John Kingdon. Qualitative method is employed through archival records, governmental documents, and semi-structured interviews with key actors. Findings suggest that MSF explains the evolution of the probation system, which emerged in a critical time. However, although the probation system was set up to overcome the increasing prison population and alternative to incarceration, the number of prisoners and probationers have increased significantly. Today, Turkey has been ranked one of the largest prison population in the world. It is concluded that the penal policy has led to unintended consequences, and the penal system including probation practices has been dramatically politicised by the government.     

A cost comparison study of using global positioning system technology (electronic monitoring) in a medium secure forensic psychiatric service

‘Electronic Monitoring’ (EM) uses devices to monitor individuals’ whereabouts. In 2010, South London and Maudsley medium secure unit introduced EM to monitor individuals on leave. Analysis after two years revealed EM was associated with increased unescorted leave and reduced leave violation; however, comparative costs were not established. This study aims to compare costs of EM for patients on leave by comparing average total cost per patient with and without EM. Costs were compared before and after implementation of EM. Total cost of leave for each group was divided by number of patients to generate average total cost per patient. The average total cost per patient without EM was £1702; £1617 with EM. Although cost decreased, this was not statistically significant. The results showed no significant difference between average total costs per patient before and after EM. The finding of EM being cost-neutral is cautiously optimistic. Further trials are recommended.     

The Ratio of 6β‐Hydroxycortisol to Cortisol in Urine as a Measure of Cytochrome P450 3A Activity in Postmortem Cases

Poisoning can occur with chronic accumulation of a drug due to reduced metabolic capacity; conversely, under‐treatment may occur due to an increased metabolic rate. Over half of all drugs are metabolized by the cytochrome P450 3A complex (CYP3A). The activity of CYP3A can be assessed by the urinary ratio of 6β‐hydroxycortisol to cortisol. The aim of this study was to determine the usefulness of this ratio as a postmortem marker for determining whether altered CYP3A enzyme activity occurred prior to death. In a series of 244 postmortem cases, this ratio ranged from 0.014 to 78.6 (median 3.50). The median was significantly higher (5.14) in a subgroup of 28 cases that exhibited the presence of CYP3A‐inducing drugs. In cirrhosis, the median ratio was 1.69. This pointed to a reduced metabolic capacity of CYP3A. Thus, the ratio may constitute a rough indicator of the CYP3A metabolic capacity, which could be of value in special cases.     

High-quality Digital 3D Reconstruction of Microscopic Findings in Forensic Pathology: The Terminal Pathway of a Heart Stab Wound*

High-quality digital three-dimensional (3D) reconstructions of microscopic findings have been used in anatomical and histopathologic research, but their use in forensic pathology may also be of interest. This paper presents an application of these methods to better characterize the pathway of a stab wound of the anterior surface of the heart in a case of suicide. A portion of the heart wall including the stab wound was serially sectioned for microscopic analysis along the full extent of the wound. Histologic sections were digitally acquired, and a 3D reconstruction was created with ImageJ software for 3D computer graphics. This showed a full-thickness wound path extending to the endocardial surface of the left ventricle, curvilinear in appearance. After correction for shrinkage, 3D reconstruction allowed estimation of the dimensions of the myocardial injury and comparison of the appearance of the wound with the suspected knife used. The curvilinear appearance was considered to reflect injury during myocardial contraction. Complete microscopic sectioning and 3D reconstruction may allow virtual sectioning through various orientations and also provide useful forensic information for selected injuries.     

Immunohistochemical staining as a potential method for the identification of vaginal epithelial cells in forensic casework

There is currently no accurate method to identify vaginal epithelial cells uniquely. This study aimed to use a cell extraction procedure compatible with routine forensic sampling methods, and to investigate the expression of cytokeratin (CK), estrogen receptor-alpha (ERalpha), and phosphodiesterase 5 (PDE5) in order to distinguish between skin, buccal, vaginal, and external penile epithelial cells. Seminal fluid samples were also examined. Epithelial cell samples were fixed in formalin, embedded in agarose, and processed using histological methods. Antigen-antibody reactions were detected using the DAKO Envision+ detection system. CK was present in all cells from all five sources confirming the origin of cells as epithelial. Both ERalpha and PDE5 positively labeled vaginal, buccal, and skin epithelial cells. Although an antigen unique to vaginal epithelial cells was not identified, we have described a cell extraction procedure for use in the immunohistochemical detection of a wide range of antigens, an approach compatible with forensic diagnostics.     

Application of 3D documentation and geometric reconstruction methods in traffic accident analysis: with high resolution surface scanning, radiological MSCT/MRI scanning and real data based animation

The examination of traffic accidents is daily routine in forensic medicine. An important question in the analysis of the victims of traffic accidents, for example in collisions between motor vehicles and pedestrians or cyclists, is the situation of the impact. Apart from forensic medical examinations (external examination and autopsy), three-dimensional technologies and methods are gaining importance in forensic investigations. Besides the post-mortem multi-slice computed tomography (MSCT) and magnetic resonance imaging (MRI) for the documentation and analysis of internal findings, highly precise 3D surface scanning is employed for the documentation of the external body findings and of injury-inflicting instruments. The correlation of injuries of the body to the injury-inflicting object and the accident mechanism are of great importance. The applied methods include documentation of the external and internal body and the involved vehicles and inflicting tools as well as the analysis of the acquired data. The body surface and the accident vehicles with their damages were digitized by 3D surface scanning. For the internal findings of the body, post-mortem MSCT and MRI were used. The analysis included the processing of the obtained data to 3D models, determination of the driving direction of the vehicle, correlation of injuries to the vehicle damages, geometric determination of the impact situation and evaluation of further findings of the accident. In the following article, the benefits of the 3D documentation and computer-assisted, drawn-to-scale 3D comparisons of the relevant injuries with the damages to the vehicle in the analysis of the course of accidents, especially with regard to the impact situation, are shown on two examined cases.