论鉴定留置的若干法律问题

鉴定留置指为鉴定被告心神或者身体状态，而将被告送入医院或者其他适当处所之处分。鉴定留置的存在是与法医学的发展休戚相关。从某种意义上讲，现代去医学发展的不成熟是鉴定留置制度存活的土壤。鉴定留置应定性为一种依附性行为。即依附于强制鉴定，其本身属于调查程序。而非强制处分。鉴定留置属于强制鉴定延伸的自然结果．而强制鉴定将在一定程度上限制被告人的行动自由。应当接受司法审查。强制鉴定作为一种独立的强制措施．对自由的侵犯程度不可与羁押同日而语，甚至其结果可能减轻或者免除被告人的刑事责任。因此在司去审查控制下的鉴定留置期间不应当计入羁押期间。     

Usefulness of Systematic Histological Examination in Routine Forensic Autopsy*

Abstract: The forensic community does not agree on the need to perform histological examination at forensic autopsy. The aim of our study was to determine the usefulness of systematic standard histology in forensic autopsies. A prospective study was carried out on 428 autopsy cases for which standard histological examination was systematic. Mechanism of death not shown by gross anatomic findings was discovered by histology in about 40% of the cases. Cause of death was established by only histology in 8.4% of the cases. Microscopic findings affected the manner of death in 13% of the cases. Histology provided complementary information about prior medical condition of the deceased in about 49% of the cases. Traumatic lesions were better documented by histology in about 22% of the cases. According to the results of our study, systematic standard histology for the main organs should be used in routine forensic autopsies.     

侦查机关所属鉴定机构和鉴定人备案登记问题的探讨

侦查机关所属鉴定机构和鉴定人备案登记的特殊性超越了法律的规定形式．其正当性和合法性存在不足。司法行政部门在直面现实的基础上,应当严格侦查机关所属鉴定机构和鉴定人备案登记管理程序,完善外在的责任形式,从而消除备案登记对统一司法鉴定管理体制可能带来的影响。     

Antidepressants at Autopsy in Hispanic Suicidal Youth in Miami‐Dade County,Florida*

Abstract: Controversy has surrounded the use of antidepressants and suicidal behaviors in youth. This study reviewed the Medical Examiner’s Office records of 253 persons aged 24 years or younger classified as suicides in Miami‐Dade County, Florida, from 1990 to 2007. Information was collected regarding demographic information, suicidal characteristics, psychiatric and psychosocial factors, and toxicology results. Eighty‐five percent of the sample was men, and 53.4% of the subjects were Hispanic. Consistent with previous literature, the existence of antidepressants at autopsy was rare; present in only 6% (n = 15) of the victims. The occurrence of antidepressants was not significantly different between Hispanics (n = 7) and non‐Hispanics (n = 8). The incidence of antidepressants was weakly correlated with a tendency to be men and no history of psychiatric illness. The presence of antidepressants in Hispanic youth suicide victims was similar to non‐Hispanics.     

试析民间借贷纠纷案件中的文书司法鉴定

随着社会经济的发展,特别是在金融危机和诚信缺失等社会因素的影响下,民间借贷纠纷案件中的文书司法鉴定正面临越来越多的难点和挑战。通过大量民间借贷纠纷案件文书司法鉴定的经验积累,分析归纳这类案件文书司法鉴定的特点和检验要点,并提出规范文书制作以避免法律纠纷的若干建议。     

An Autopsy Case of Sudden Unexplained Death Caused by Malaria*

Abstract: Sudden unexplained deaths, especially those unwitnessed can lead to forensic issues and would necessitate the need for a meticulous and complete postmortem examination including ancillary investigations to discover the cause of death. We herein report a case of sudden unexplained death caused by malaria in an apparently healthy individual. This fatal case is presented to remind the forensic pathologist of the possibility of malaria as a cause of sudden unexplained death in malaria‐endemic regions. In the present case, histopathological examination demonstrated the presence of parasitized red blood cells with malarial pigment in the blood capillaries in the brain, myocardium, pericardium, lungs, kidneys, liver, and the spleen. Cerebral malaria with acute renal insufficiency or pulmonary edema with an acute respiratory distress syndrome might have been the cause of death.     

论文件鉴定的程序规范

在分析文件鉴定整个鉴定活动的过程中,对鉴定程序的规范做了详细的阐述,包括：案件的受理程序、检验/鉴定程序、送检材料的流转程序、结果报告程序、检验记录程序、档案管理程序和出庭质证程序等,能对规范我国文件鉴定的程序起到积极作用。     

Pacemaker/defibrillator evaluation at Los Angeles County Department of Coroner*

Pacemakers and implantable cardioverter-defibrillators (ICDs) are implanted medical devices for the treatment of cardiac arrhythmias. These devices are now commonly encountered in the postmortem situation. The Los Angeles County Department of the Coroner uses the services of a cardiac electrophysiology consultant to interrogate pacemakers and ICDs, producing a detailed picture of the cardiac events recorded by the device. We have used this method to evaluate 20 cases where the ICD or pacemaker provided significant information. We report four forensic cases to illustrate the different applications of pacemaker interrogation and its contribution in forensic investigation. This technique was used to establish identification of the decedent, to determine the cause and time of death, and to determine whether device malfunction could have played a role in the death. We conclude that detailed evaluation of the pacemaker or ICD in selected cases may provide essential information to the forensic pathologist.     

Laryngeal Choking on Food and Acute Ethanol Intoxication in Adults—An Autopsy Study*

Abstract: The retrospective autopsy study included 98 adults who died because of laryngeal choking on a bolus of food: 67 men and 31 women (χ² = 6.843, p < 0.01), average age 58.61 ± 15.87 years (range 26–92 years). Most of the subjects had poor dentition (χ² = 34.327, p < 0.01). Twenty individuals died in medical institutions, and 78 were nonhospitalized individuals. More than a third of the nonhospitalized individuals were under the influence of ethanol at the moment of death: average blood concentration 8.3 g/dL (SD = 11.0), ranged from 5.0 to 36.0. Nonhospitalized persons were at the moment of event more often under influence of ethanol than the subjects in control group (χ² = 38.874, p < 0.01), and at the same time significantly more intoxicated (z = −7.126, p < 0.01). Our study pointed out that poor dentition and impairment of the swallowing reflex, as a consequence of ethanol intoxication in individuals without mental disorders, were the most important risk factors for bolus death.     

Investigation Delayed Is Justice Denied: Proposals for Expediting Forensic Examinations of Digital Evidence*

Abstract: There is an urgent need to reduce the growing backlog of forensic examinations in Digital Forensics Laboratories (DFLs). Currently, DFLs routinely create forensic duplicates and perform in‐depth forensic examinations of all submitted media. This approach is rapidly becoming untenable as more cases involve increasing quantities of digital evidence. A more efficient and effective three‐tiered strategy for performing forensic examinations will enable DFLs to produce useful results in a timely manner at different phases of an investigation, and will reduce unnecessary expenditure of resources on less serious matters. The three levels of forensic examination are described along with practical examples and suitable tools. Realizing that this is not simply a technical problem, we address the need to update training and establish thresholds in DFLs. Threshold considerations include the likelihood of missing exculpatory evidence and seriousness of the offense. We conclude with the implications of scaling forensic examinations to the investigation.     

司法会计鉴定与文书鉴定配合运用的效果

司法会计鉴定和文书鉴定的配合运用不仅有助于提高鉴定效率。增强鉴定的准确性和针对性，而且有助于开拓思路，发现新的线索。     

The Examination of Commercial Printing Defects to Assess Common Origin,Batch Variation,and Error Rate*

Abstract: The examination of printing defects, or imperfections, found on printed or copied documents has been recognized as a generally accepted approach for linking questioned documents to a common source. This research paper will highlight the results from two mutually exclusive studies. The first involved the examination and characterization of printing defects found in a controlled production run of 500,000 envelopes bearing text and images. It was concluded that printing defects are random occurrences and that morphological differences can be used to identify variations within the same production batch. The second part incorporated a blind study to assess the error rate of associating randomly selected envelopes from different retail locations to a known source. The examination was based on the comparison of printing defects in the security patterns found in some envelopes. The results demonstrated that it is possible to associate envelopes to a common origin with a 0% error rate.     

文件鉴定标准体系的研究

本文介绍了我国文件鉴定标准化建设的现状及其意义,并根据文件检验学学科和鉴定质量活动的特点,结合我们在文件鉴定实验室标准化建设实践中的经验,详细阐述了文件鉴定标准体系的结构,及文件鉴定系列标准(及部分)应包含的主要内容,希望能对我国文件鉴定标准化建设起到积极的推动作用。     

Utility of the Frontonasal Suture for Estimating Age at Death in Human Skeletal Remains*

Abstract: This project evaluated the utility of the frontonasal suture for estimating age at death. Utilizing human remains of known age at death with varying degrees of fusion, curated at the American Museum of Natural History in New York City and the Smithsonian Institution’s National Museum of Natural History in Washington, DC, data were collected from the ectocranial surface of 522 crania; 68 of these were sagittally sectioned, allowing collection of internal data and observation of suture closure through the bone. Degree of ectocranial suture closure does not significantly predict age, even when sex and ancestry are accounted for. Suture closure progression data were converted into a Hershkovitz ratio (sum of the measurement of open portion divided by the total suture length), and regression models demonstrate that the effect of age accounts for only 13% of variation in suture closure.     

A Method for Estimating Sex Using Metric Analysis of the Scapula*

Abstract: The most accurate and precise methods for the assessment of age and stature often require knowledge of sex. Thus, being able to correctly identify sex from skeletal remains is critical in the forensic context. The presence of the os coxae or skull can never be guaranteed, making the development of reliable methods of sex estimation using other skeletal elements necessary. Using a 724 individual calibration sample from the Hamann‐Todd collection, this study identifies sexual dimorphism in the human scapula, and presents a new five‐variable discriminant function for sex estimation. The overall accuracy of this method proved to be 95.7% on the cross‐validated calibration sample, 92.5% on an 80 individual test sample from the Hamann‐Todd collection, and 84.4% on a 32 individual test sample from the skeletal collection of the Wichita State University Biological Anthropology Laboratory. Additionally, a slightly less accurate two‐variable model was developed and has cross‐validated accuracy of 91.3%.     

A Novel Approach to the Examination of Soil Evidence: Mineral Identification Using Infrared Microprobe Analysis*

Abstract: Identification of minerals using the infrared microprobe with a diamond internal reflection objective is a rapid and reliable method for forensic soil examinations. Ninety‐six mineral varieties were analyzed, and 77 were differentiated by their attenuated total reflection (ATR) spectra. Mineral grains may be mounted in oil for conventional polarized light microscope characterization and their ATR spectrum obtained with little or no interference by the liquid. This infrared microprobe method can be used to identify silicates, phosphates, nitrates, carbonates, and other covalent minerals; however, ionic minerals, metal oxide and sulfide minerals, and minerals with refractive indexes greater than diamond do not produce identifiable spectra, but the lack of a spectrum or one with high absorbance values does provide useful information. This research demonstrates the overall utility that infrared microprobe analysis brings mineral identification in soil evidence.     

A New Digital Method for the Objective Comparison of Frontal Sinuses for Identification*

Abstract: Use of the frontal sinuses for identification requires an objective method of comparison to meet Daubert standards. Christensen’s application of Elliptical Fourier Analysis and Likelihood Ratios seems to be a viable solution for this problem. The proposed method draws upon this work and attempts to simplify its application. Variation between pairs of digitized sinus tracings was quantified by summing the difference between corresponding measurements taken from a fixed origin to the outer edge of the sinus outlines using Adobe Photoshop^® CS2. Same‐skull and different‐skull pairs were used to develop reference distributions from which the probability of unknown pairs coming from the same or a different individual was estimated. Error rates of 0% were achieved. Resulting correlation coefficients demonstrated inter‐rater and test–retest reliability. Further refinement of the reference distributions and more rigorous testing of error rates should make this technique applicable to casework.     

A Comparison of Histomorphometric Data Collection Methods*

Abstract: Although many variables that skeletal biologists examine have been standardized, the actual techniques used to collect these data from bone thin sections vary. This project compares different methods of obtaining data (relative cortical area values) for histomorphometric research. One visual and three digital methods of histomorphometric data collection are compared: (i) Merz microscopic eyepiece counting reticule, (ii) flatbed scanner, (iii) overlaying multiple images of a thin section, and (iv) digital SLR camera with macro settings. The discussion includes a comparison of usability factors such as cost, time, user‐experience, and ease‐of‐use, which vary for each method. Values from the different methods are compared using ANOVA tests to evaluate inter‐method, inter‐observer, and intra‐observer variability. Intra‐observer error was greater for the microscopic method, although the error values are concomitant with experience. We found no statistically significant differences between the four methods examined, but certain caveats must be addressed when these methods are used.     

论鉴定结论的质证

本文对鉴定结论质证的特殊内容、鉴定结论质证的主体以及鉴定结论质证中应注意的问题进行了分析，以探讨如何完善鉴定结论的质证。     

Speech Watermarking: An Approach for the Forensic Analysis of Digital Telephonic Recordings*

Abstract: In this article, the authors discuss the problem of forensic authentication of digital audio recordings. Although forensic audio has been addressed in several articles, the existing approaches are focused on analog magnetic recordings, which are less prevalent because of the large amount of digital recorders available on the market (optical, solid state, hard disks, etc.). An approach based on digital signal processing that consists of spread spectrum techniques for speech watermarking is presented. This approach presents the advantage that the authentication is based on the signal itself rather than the recording format. Thus, it is valid for usual recording devices in police‐controlled telephone intercepts. In addition, our proposal allows for the introduction of relevant information such as the recording date and time and all the relevant data (this is not always possible with classical systems). Our experimental results reveal that the speech watermarking procedure does not interfere in a significant way with the posterior forensic speaker identification.