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The estimation of the post mortem period, in cases where death occurred under suspicious circumstances, is usually attempted using temperature measurements taken at a single body site. Early investigations of the validity of such an approach use the abdominal skin surface, the axilla and the rectum as measurement sites (B.H. Knight, Forensic Sci. Int., 36 (1987) 47-55). However, it has recently become more common to use the rectum alone, though the ear and the nasal passages have also been utilized. Whatever site is employed, the estimates are frequently found to be inaccurate. There are several fundamental reasons for these inaccuracies, the most prominent being the unknown variation in the ambient temperature between the time of death and the commencement of measurements, and the unknown body temperature at the time of death. This paper proposes a method of overcoming the above difficulties by taking a series of measurements concurrently at a number of body sites, a technique used by several previous workers (B.H. Knight, Forensic Sci. Int., 36 (1987) 47-55). Initial investigations have shown that an improved estimation of post mortem period is obtainable by the application of a suitable decision-making algorithm.  相似文献   

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The discharging of a gun results in the formation of extremely small particles known as gunshot residues (GSR). These may be deposited on the skin and clothing of the shooter, on other persons present, and on nearby items or surfaces. Several factors and their complex interactions affect the number of detectable GSR particles, which can deeply influence the conclusions drawn from likelihood ratios or posterior probabilities for prosecution hypotheses of interest. We present Bayesian network models for casework examples and demonstrate that probabilistic quantification of GSR evidence can be very sensitive to the assumptions concerning the model structure, prior probabilities, and the likelihood components. This finding has considerable implications for the use of statistical quantification of GSR evidence in the legal process.  相似文献   

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Simple equipment for the sampling of gunshot residue particles from clothing, inside of bags, pockets, etc, is described. Collection was achieved by vacuuming through a double filtration system constructed from a Nucleopore aerosol holder connected to an ordinary vacuum cleaner. The collected particles were examined by scanning electron microscopy. Good results were observed in functional tests of this equipment and the method has been introduced into casework in our laboratory. Various experiments on possible contamination of clothing by GSR particles were performed. The usefulness of clothing as evidence material in searching for GSR particles is discussed.  相似文献   

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The empirical evidence summarized in the APA amicus brief inPrice Waterhouse v. Hopkins was initially presented at trial, subject to quality control measures contained in the Federal Rules of Evidence and an opportunity for cross-examination. This evidence was incorporated into the adjudicative facts determined by the trial judge. These unique circumstances rendered the APA brief more akin to a guild brief than to a typical APA science translation orBrandeis brief. As such, the brief was effective. However, the debate about the brief highlights shortcomings in the existing system for evaluating social science facts presented for the first time by a friend of the court. Recommendations are made to take into account the consensus of experts in the field and adverse findings when presenting empirical evidence for the first time in an appeal brief.  相似文献   

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《鹿特丹规则》的构建   总被引:1,自引:1,他引:0  
《鹿特丹规则》已于2008年12月11日在联合国大会上正式通过,并于2009年9月23日在荷兰鹿特丹举行签字仪式。在回顾《鹿特丹规则》签字仪式及此后的最新进展的基础上,简要评述《鹿特丹规则》的制定背景和发展历史,并对《鹿特丹规则》生效后可能带来的一些重大变革进行分析。  相似文献   

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在本文所述案例中,当事人双方关于违约责任的约定涉及第三人利益,对该约定的处理有三种不同的方案,笔者对此作了介绍并作出了相应评论。  相似文献   

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An appraisal of plastic reconstruction of the external nose   总被引:1,自引:0,他引:1  
The association between the morphometric dimensions of the external nose, including the thickness of the soft tissues, and various craniometric measurements has been examined on a sample of lateral radiographs of 154 males and 199 females from Vienna, Austria. In addition, the influence of age on morphometric dimensions and the soft tissue cover was tested. Multiple stepwise regression analysis revealed that nasal height and nasal length are best predicted by the dimensions of the skull, whereas nasal depth and the thickness of the soft tissues is greatly influenced by age. In males, over 50% of the variance of nasal height and nasal length were accounted for by the height of the bony nose and the prominence of the ossa nasalia, and in females it was about 40%. Although the thickness of the soft tissue is dependent on exogenous factors, such as nutrition, mimicry, and so forth, the dimensions of the bony nose apparently also influence the skin depths to some extent. High and prominent noses were found to have a thinner layer of soft tissue over the nasal bones than short and less prominent ones. It thus seems as if there is a tendency of the soft tissue cover to adjust to disharmonies of the bony profile.  相似文献   

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裴苍龄 《法律科学》2012,(1):95-107
事实是一切学科的对象。事实不是陈述、命题、描述和断定。事实是指客观外界存在或不存在、发生或未发生的全部情况和过程。事实可分为如下类型:一、静态事实和动态事实;二、积极事实和消极事实;三、自然事实和人为事实;四、历史事实和当前事实。事实有四大功能,即认识的基础、证明的根据、检验的标准、思想的指南。事实有两重属性:一为客观性;二为关联性。证据也有两重属性。证据的客观性指的还是事实的客观性,证据的关联性指的也还是事实的关联性。可见,事实就是证据。事实有四大功能,证据自然也有四大功能。证据不限于司法工作需要,全人类都需要。因此,要把证据学打造成全人类的科学。  相似文献   

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A review of the scientific papers published on inorganic gunshot residue (GSR) analysis permits to study how the particle analysis has shown its capability in detection and identification of gunshot residue. The scanning electron microscope can be the most powerful tool for forensic scientists to determine the proximity to a discharging firearm and/or the contact with a surface exposed to GSR. Particle analysis can identify individual gunshot residue particles through both morphological and elemental characteristics. When particles are detected on the collected sample, the analytical results can be interpreted following rules of a formal general interpretative system, to determine whether they come from the explosion of a primer or from other possible sources. The particles on the sample are compared with an abstract idea of "unique" GSR particle produced by the sole source of the explosion of a primer. "Uniqueness" is not the only problem related to GSR detection and identification for a forensic scientist. With "not-unique" particles interpretation of results is extremely important. The evidential strength of "not-unique" particles can increase with a more fruitful interpretative framework based on Bayes rule. For the assessment of the value of a GSR in linking a suspect and a crime, it is important to compare two hypothesis: the first can be that of the evidence if the suspect has been shooting in a specific situation, the second that of the evidence if the suspect was not involved in this shooting. This case specific or case-by-case approach is closer to what the court is interested in. The authors consider that a "case-by-case" approach should be followed whenever possible. Research of models and data such as those developed in other trace evidence material (fibres, glass, etc.) using a Bayesian approach is suggested in the interpretation of GSR.  相似文献   

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Stalking involves repeated unwanted communication, harassment, and intrusive behaviour. This brief report draws on a service evaluation undertaken immediately prior to and during the 2020 COVID-19 crisis. The pandemic creates a paradox when considering safety in the home, but it is important to recognise the dangers this presents to many victims of stalking. The information presented in this report is based on existing literature and early evidence from semi-structured interviews and discussions with 15 victims and six practitioners. Whilst lockdown measures might appear to be a time when victims are less accessible to their stalkers, early evidence from this study suggests that their vulnerability is increased. Technology has helped to facilitate stalking behaviours by providing stalkers with new approaches to control, humiliate, threaten and isolate their victims. Some lockdown restrictions have provided increased opportunities for stalkers to monitor their victims and the professional uncertainty and recognition around stalking has continued, coupled with delays in the criminal justice system. The COVID-19 crisis has reversed gains made by stalking victims and has imprisoned some victims in their homes making their whereabouts easier to monitor. Stalking behaviour has not ceased as a result of the COVID-19 restrictions and the risk of harm to victims remains significant. Effective practice, policy and legal responses are required for both the victims and perpetrators of stalking during the pandemic and afterwards.

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