限制性体位窒息死亡的法医学鉴定

限制性体位窒息是一种特殊类型的窒息,其死亡机理、过程复杂,体表损伤轻微,尸体表现缺乏特异性,鉴定难度大,目前还没有一个客观、准确、公认的鉴定标准,通过文献复习总结有关体位性窒息的研究成果,结合窒息死亡的组织病理改变和鉴定实践,提出限制性体位窒息的检验鉴定要点,在确定有长时间限定在某一影响呼吸的体位,且自己不能解脱;有明显的窒息尸体征象;排除损伤、疾病致死;常见毒物检测阴性;膈肌Fn免疫荧光检测阳性或透射电镜检查证明有膈肌损伤的可以诊断。如果合并有损伤或疾病,还应该有肺SP-A检查阳性或HIF1-α免疫组化染色核阳性表达。某些特定部位的损伤检查有助于分析体位关系。     

Factors influencing the precision of estimating the postmortem interval using the triple-exponential formulae (TEF). Part I. A study of the effect of body variables and covering of the torso on the postmortem brain, liver and rectal cooling rates in 117 forensic cases

Brain, liver, rectal and environmental temperatures were continuously monitored under controlled conditions, in 117 forensic fatalities, for up to 60 h after death. Cases were studied either naked (63%) or covered with two blankets (37%). Bodies were classified into fat and thin groups. Statistical analysis and curve-fitting of the data yielded the average triple-exponential formulae for each body site and each body group. The effects of covering of the torso and body parameters such as weight, height, surface area and 'cooling size factor' (Z) on postmortem cooling are assessed and discussed. Results show that covering of the torso has a significant influence on the rate of postmortem cooling, however, there is no good correlation between the body variables and the cooling rate.     

Multiple-probe thermography for estimating the postmortem interval: II. Practical versions of the Triple-Exponential Formulae (TEF) for estimating the time of death in the field

A simple, reliable, and relatively accurate method for estimating the time since death is described. It is based on the Triple-Exponential Formulae (TEF), which are devised for the first time in this study. The postmortem cooling rate of the brain, liver, and rectum in 117 forensic cases were investigated (Part I). The method can be used in the field as a computer program, reference graph, or reference chart-ruler. The program is simple and can easily be run by any user. There are six reference graphs representing the average brain, liver, and rectal cooling curves for naked and covered body groups. The ruler is designed for the rectal cooling curves for covered and naked bodies. This method requires one temperature measurement of the chosen body site and the environment. The postmortem interval is estimated as a probable value +/- a possible range of time estimates with a built-in confidence limit.     

构建海事司法鉴定机构的探索——以上海建设国际航运中心为视角

近年,海事、海商等涉海案件的数量逐年增长。海事诉讼案件中的待证事实多涉及专门性问题,需要通过科学实证予以鉴别和判断。上海在建设国际航运中心的同时根据国际法原则以及国际惯例,设立专门的海事司法鉴定机构已成为海事司法的必然要求。构建与完善海事司法鉴定机构对规范海事司法鉴定市场、维护当事人权益、保障社会法治建设、促进海事诉讼的审理与上海国际航运中心的建设都具有极为重要的意义。     

手术并发症发生因素与医疗过错鉴定

医疗损害案件中因手术并发症而导致的占了很大的比重。发生手术并发症的发生原因可归结为医疗与患者两个方面。医疗方面的因素主要包括手术人员的责任心不强、医学基础知识欠缺、医疗技术生疏、诊断失误、术后护理及管理缺陷等;患者方面的因素主要有自身解剖变异、个体体质差异等。手术并发症产生的原因大多是可以被认知的,在此基础上判断产生手术并发症的医疗行为是否有过错时不能一概而论,应遵循一定的标准。建议按照医学理论和实际操作能力划分为两个标准,预见义务采用＂医学水平＂标准;防范义务采用＂医疗水平＂标准。通过两个＂标准＂来综合考量手术并发症才是科学的。     

Rectal temperature time of death nomogram: dependence of corrective factors on the body weight under stronger thermic insulation conditions.

Ninety-eight test coolings were made under various cooling conditions (moving air, two types of both clothing and covering) on dummies of real masses of 1, 3.3, 9.9, 24.5 and 33.4 kg, respectively, which cool under standard conditions (unclothed, uncovered, still air) like human bodies of 14, 33, 41, 83 and 104 kg, respectively. The results provide evidence of a non-linear dependence of corrective factors of body weight upon the body weight. The dynamics of the dependence increases with the thickness of thermic insulation. Transferred to the use of the nomogram method on bodies, cooling conditions requiring corrective factors between 0.75 (moving air) and 1.3 (rather thin clothing/covering), known from experience on bodies of an average weight, can be used as in the past, independent of the body weight. According to experience the dependence of corrective factors on the body weight must be taken into account in bodies of a very high or low body weight. For that purpose both a simplified table and a formula for computing is given.     

The reliability of digitized radiographs for dental identification: a Web-based study

In the era of Daubert and other judicial rulings pertaining to the acceptability of forensic evidence, it is increasingly important that experts are able to testify that their methods have been scientifically tested and that error rates and other factors relating to reliability have been published. The purpose of this study was to determine the reliability of digitized radiographic comparisons for the purposes of dental identification. Participants with various forensic backgrounds and experience levels were passively recruited to the website. Ten forensic identification cases composed of antemortem and postmortem dental radiographs were supplied to examiners using a bespoke website. Participants responded to the cases on two occasions after a one-month washout interval using the ABFO conclusion levels for forensic identifications. A total of 115 first attempts and 87 matched second attempts were received. Of the total responses, 72% were dentally trained respondents who had completed at least one forensic identification case; of these, 38% were experienced forensic dentists who had completed more than 25 identifications. Data relating to accuracy, intra- and inter-examiner agreement, and the effect of case difficulty are presented. Mean accuracy was 85.5% for all cases, with the experienced forensic dentists obtaining a 91% success rate. The inter-examiner agreement on the negative identification cases was classified as poor. The data suggest that dental identifications resulting from the comparison of postmortem and antemortem radiographs are valid, accurate, and reliable when undertaken by experienced odontologists.     

刍议伤残程度评定标准

伤残程度评定在法医鉴定中极为常见,很长时间以来,法医界除“医出多门”、各唱各的调、多重鉴定频出外,还在适应标准的不一致上让受检者无所适从。近两年,在法院系统有了除交通事故适用“道路标准”外,其余损伤均适用“工伤标准”的“要求”。本文就实施该“要求”两年来,在法医临床检案中所遇到的问题,对“工伤标准”及适用“工伤标准”谈了自己的看法,认为“工伤标准”本身还存在很多弊端:一是定残的基点过低;二是同一残级的不同部位伤残及本标准与其它标准同类伤残缺乏均衡比较;三是残级间缺乏连贯性,层次感不强。而让非工伤检案套用“工伤标准”定残、套用“道路标准”赔偿,给部门与部门间及当事者造成了不少麻烦。作者呼吁尽快出台全国通用《人体纠纷损伤致残程度鉴定标准》及配套赔偿办法,并提出了初浅的建议。     

Autopsy at 2 months after death: brain is satisfactorily preserved for neuropathology

Disclosure of neurological disorders by neuropathological examination may be one important aim of forensic autopsies. There are insufficient data on human brain tissue preservation after prolonged postmortem periods. Here, we describe neuropathological findings in a brain of a 77-year-old woman that was fixed at autopsy 2 months after death. The body had been stored in a cooling chamber at 3 degrees C temperature. Gross inspection of the brain was satisfactorily possible. Histomorphology was excellently preserved. Many histochemical and immunohistochemical stains allowed satisfactory neuropathological evaluation of brain tissue and the diagnosis of Alzheimer's disease. Nevertheless, some immunohistochemical stainings repeatedly yielded negative or suboptimal results. We conclude that neuropathological examination of human brain tissue extracted from the skull and fixed after prolonged body storage in a cool environment is feasible for forensic diagnosis of neurological disorders even several months after death. However, in such cases the significance of negative immunohistochemical staining results must be interpreted with caution.     

Factors influencing the precision of estimating the postmortem interval using the triple-exponential formulae (TEF). Part II. A study of the effect of body temperature at the moment of death on the postmortem brain, liver and rectal cooling in 117 forensic cases

The temperatures of three body sites, namely, the brain, liver and the rectum as well as the temperature of the environment were continuously monitored, every 5-10 min, in 117 forensic cases commencing soon after death and in most cases, within 45 min postmortem. The body temperature at the moment of death was empirically determined by a computer-based extrapolation method. Thus, temperature data for the first 3h of each body site were fitted to single-exponential equations and the fitted curve was extrapolated backwards to obtain the intercept on the Y-axis (the temperature axis). The effect of body temperature at the moment of death on postmortem cooling rate is examined and factors influencing body temperature at death are discussed. Forensic fatalities associated with hyper and hypothermia are reviewed briefly.     

Does a Draft Really Influence Postmortem Body Cooling?*

Estimation of the time of death (TOD) is a very important task of forensic pathologist, and measurement of body temperature is a method deemed to be most precise during the initial postmortem period. The study aimed at verification of the significance of airflow present in the room where a corpse is found on body cooling process and hence on determination of the TOD. The experiment was performed in pigs during which the postmortem temperature of the eye, muscles, and rectum was recorded--in still air and with generated draft in the room. The results showed that the moderate airflow present in the experimental conditions did not significantly affect the course of cooling of the investigated body sites. Despite moderate wind generated in the room, the air movement close to pigs' bodies was actually minimal. This allowed to conclude that to evaluate the TOD most precisely, one should first have reliable data on the actual velocity of air in the direct vicinity of the body rather than relying on subjective sensation of the draft and using various unnecessary corrective coefficients for TOD calculation.     

Assessing Cognitive Bias in Forensic Decisions: A Review and Outlook

In recent years, a number of studies have demonstrated that forensic examiners can be biased by task-irrelevant contextual information. However, concerns relating to methodological flaws and ecological validity attenuate how much the current body of knowledge can be applied to real-life operational settings. The current review takes a narrative approach to synthesizing the literature across forensic science. Further, the review considers three main issues: (i) primary research on contextual bias within forensic science; (ii) methodological criticisms of this research; (iii) an alternative perspective that task-irrelevant contextual information does not always lead to error. One suggestion for future research is outlined, which is that studies on contextual bias in forensic decisions should be conducted in collaboration between forensic scientists and cognitive psychologists. Only then can rigorous and ecological valid experiments be created that will be able to assess how task-irrelevant contextual information influences forensic analysis and judgments in operationally valid settings.     

Multiple-probe thermography for estimating the postmortem interval: I. Continuous monitoring and data analysis of brain, liver, rectal and environmental temperatures in 117 forensic cases

One hundred seventeen forensic postmortem cases have been studied under controlled conditions. In each case, temperatures of the brain, liver, rectum, and the environment were monitored over a period beginning shortly after death and ending up to 60 h postmortem. The four temperature measurements were recorded every 5 to 10 min using the Microwave Thermography System. Rectal and environmental temperatures were measured by electrical thermocouples while brain and liver temperatures were measured using microwave probes. Data acquisition, analogue-to-digital conversion (ADC), and data processing were provided by a microcomputer. The ADC technique is described and its problems are discussed. The data were then transferred to a mainframe computer for extensive curve-fitting and statistical analysis. The microcomputer-based ADC and data logging and acquisition were found to be accurate, fast, easy to implement, and useful for the field. The postmortem rate of human body cooling was found to be adequately represented by triple-exponential equations.     

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.     

从眼外伤损伤程度条款设计看新标准修订思路

损伤程度鉴定是法医临床学司法鉴定的主要内容。近年来,法医学司法鉴定工作人员不断呼吁对1990年与1996年发布实施的人体损伤程度鉴定相关标准进行修订。将于2014年1月1日施行的《人体损伤程度鉴定标准》,在条款内容和结构设计上发生了很大的变化,备受司法鉴定工作人员的广泛关注。眼外伤是比较常见的损伤类型,（《人体损伤程度鉴定标准》对眼外伤的条款规定较以往变化明显。本文从眼外伤的条款设计出发,通过横向和纵向比较,探讨和总结新标准的修订思路。     

法医病理司法鉴定纠纷产生的原因及其防范

法医病理司法鉴定在刑事案件、民事纠纷、保险理赔等方面发挥着重要的作用。通过鉴定工作实践,总结出法医病理司法鉴定纠纷产生的各种原因,结合中华人民共和国司法部第107号令《司法鉴定程序通则》第17条规定,在进行司法鉴定前必须签署司法鉴定协议书的实施情况,同时借鉴医疗活动中知情同意的做法,针对性地提出预防法医病理司法鉴定纠纷的对策。     

Sexual violence perpetrated against women in India: the role of forensic evidence

ABSTRACT

In response to the upsurge in acts of sexual violence against women in India, Parliament passed the Criminal Law (Amendment) Act of 2013, amending existing statutes and rules of evidence relating to crimes of sexual violence and the practices of forensic professionals in the country. While a step in the right direction, this law paid little attention to forensic evidence in sexual violence cases, which can provide a more objective, scientific account of events, aid in the reconstruction of crimes, and help strengthen cases against perpetrators. The objectives of this article are twofold: to raise awareness for the need for a more prominent role of forensic evidence in sexual violence cases and to recommend ways to establish uniform and comprehensive policies and procedures on the collection and preservation of forensic evidence in order to ensure that cases of sexual violence against women are heard in Indian courts.     

The relevance of the evolution of experimental studies for the interpretation and evaluation of some trace physical evidence

In order for trace evidence to have a high evidential value, experimental studies which mimic the forensic reality are of fundamental importance. Such primary level experimentation is crucial to establish a coherent body of theory concerning the generation, transfer and persistence of different forms of trace physical evidence. We contend that the forensic context, at whatever scale, will be specific to each individual forensic case and this context in which a crime takes place will influence the properties of trace evidence. It will, therefore, be necessary in many forensic cases to undertake secondary level experimental studies that incorporate specific variables pertinent to a particular case and supplement the established theory presented in the published literature. Such studies enable a better understanding of the specific forensic context and thus allow more accurate collection, analysis and interpretation of the trace physical evidence to be achieved.This paper presents two cases where the findings of secondary level experimental studies undertaken to address specific issues particular to two forensic investigations proved to be important. Specific pre-, syn- and post-forensic event factors were incorporated into the experimental design and proved to be invaluable in the recovery, analysis and in achieving accurate interpretations of both soil evidence from footwear and glass trace evidence from a broken window.These studies demonstrate that a fuller understanding of the specific context within which trace physical evidence is generated and subsequently collected, as well as an understanding of the behaviour of certain forms of trace physical evidence under specific conditions, can add evidentiary weight to the analysis and interpretation of that evidence and thus help a court with greater certainty where resources (time and cost) permit.     

论我国司法会计鉴定标准体系

司法会计鉴定是我国司法鉴定工作的重要组成部分,应该拥有自己的专业鉴定标准。我国尚未建立系统的专用司法会计鉴定标准,已严重影响了司法会计鉴定的质量,司法会计鉴定活动亟待规范。当前,有关司法会计鉴定标准的研究多见于具体司法会计鉴定标准,忽略了标准体系的构建,其结果易导致标准缺乏系统和全面,影响标准间的协调和对接。鉴于此,以标准化理论为依据,在系统分析我国司法会计鉴定活动本质的基础上,找出我国司法会计鉴定的标准化对象,构建起具有我国特色的司法会计鉴定标准体系,并提出其具体构成内容。