Procedural bias in forensic science examinations of human hair

Several forms of expert forensic science evaluations exist that rely at least in part on the subjective opinion of the examiner. Human hair identification is one such examination. This paper considers possible sources of influence or bias that may be responsible for examiner errors. Data are reported of an experiment that compares the conventional examination procedure (known versus questioned samples) against an alternative procedure (a lineup of samples) designed to limit the influence of factors that contribute to error. The altenative procedure produced fewer incorrect conclusions (3.8%) than the conventional procedure (30.4%).     

Human hair histogenesis for the mitochondrial DNA forensic scientist.

Analysis of mitochondrial DNA (mtDNA) sequence from human hairs has proven to be a valuable complement to traditional hair comparison microscopy in forensic cases when nuclear DNA typing is not possible. However, while much is known about the specialties of hair biology and mtDNA sequence analysis, there has been little correlation of individual information. Hair microscopy and hair embryogenesis are subjects that are sometimes unfamiliar to the forensic DNA scientist. The continual growth and replacement of human hairs involves complex cellular transformation and regeneration events. In turn, the analysis of mtDNA sequence data can involve complex questions of interpretation (e.g., heteroplasmy and the sequence variation it may cause within an individual, or between related individuals. In this paper we review the details of hair developmental histology, including the migration of mitochondria in the growing hair, and the related interpretation issues regarding the analysis of mtDNA data in hair. Macroscopic and microscopic hair specimen classifications are provided as a possible guide to help forensic scientists better associate mtDNA sequence heteroplasmy data with the physical characteristics of a hair. These same hair specimen classifications may also be useful when evaluating the relative success in sequencing different types and/or forms of human hairs. The ultimate goal of this review is to bring the hair microscopist and forensic DNA scientist closer together, as the use of mtDNA sequence analysis continues to expand.     

Pharmacological criteria that can affect the detection of doping agents in hair

When positive drug results are reported, a common interpretive question posed is whether or not it is possible to put a quantitative finding into context. A standard answer to this inquiry is that a positive hair testing result can be interpreted as meaning that the donor has chronically or repetitively used the drug identified in the hair, but that chronic or repetitive are not defined in the same way for all individuals. The Society of Hair Testing published on June 16, 1999, a consensus opinion on the use of hair in doping situations. However, although accepted in most courts of justice, hair analysis is not yet recognised by the International Olympic Committee. To be considered as a valid specimen for doping control, some issues still need to be addressed. The scientific community has demonstrated significant concern over the proper role that hair drug testing should serve in toxicological applications. Among the unanswered questions, five are of critical importance: (1) What is the minimal amount of drug detectable in hair after administration? (2) What is the relationship between the amount of the drug used and the concentration of the drug or its metabolites in hair? (3) What is the influence of hair color? (4) Is there any racial bias in hair testing? (5) What is the influence of cosmetic treatments? The present report documents scientific findings on these questions, with particular attention to the applications of hair in doping control.     

Clinical forensic medicine

This article discusses the merits of participation by medical examiners in the area of clinical forensic medicine. The present connotation that we deal after the fact should be abandoned with enhanced involvement in assisting the living. The paper focuses on a broad range of categories where forensic scientists by virtue of their training and experience could be most helpful in the application of medical knowledge to the solution of questions of law.     

Provisional concepts and definitions of fact

The paper explains and differentiates the concept of ‘fact’ in the legal setting. Fact and evidence, fact/falsity distinguished; fact and law considered -- a real difference or a pragmatic device? Questions of fact and degree considered, in themselves and in the context of jury trial and of appeals. Primary fact, factual inferences from primary fact, questions of classification of fact are considered. Whether inference is supported by evidence, and whether classification is correct may be questions of law. Issues of fact and opinion, fact and comment, relative to freedom of speech, defamation etc: no clear distinction available. Legal problems concerning absence of workable distinctions.

     

Attitudes and beliefs about domestic violence: results of a public opinion survey: II. Beliefs about causes

This report presents findings from a public opinion survey designed to measure beliefs about the causes of domestic violence (DV) based on telephone interviews with 1,200 residents across six New York State communities. Findings reveal substantial diversity and complexity among beliefs and interesting similarities and differences across open- and close-ended questions regarding explanations for partner abuse. Most respondents think about the causes of violence in the context of individual problems, relationships, and families, not as a problem with roots in our society or culture. Few believe that women are the cause of their own abuse, one fourth still believe that some women want to be abused, and most believe that women can end abusive relationships. Secondhand experiences with DV were associated with some beliefs about causes of abuse, and gender, age, education, and race were associated with certain beliefs in predictable ways.     

Microscopical discrimination of human head hairs sharing a mitochondrial haplogroup

In forensic analyses, determining the level of consensus among examiners for hair comparison conclusions and ancestry identifications is important for assessing the scientific validity of microscopical hair examinations. Here, we present data from an interlaboratory study on the accuracy of microscopical hair comparisons among a subset of experienced hair examiners currently analyzing hair in forensic laboratories across the United States. We examined how well microscopical analysis of hair can reliably be used to differentiate hair samples, many of which were macroscopically similar. Using cut hair samples, many sharing similar macroscopic and microscopic features, collected from individuals who share the same mitochondrial haplogroup as an indication of genetic relatedness, we tested multiple aspects that could impact hair comparisons. This research tested the extent to which morphological features related to ancestry and hair length influence conclusions. Microscopical hair examinations yielded accurate assessments of inclusion/exclusion relative to the reference samples among 85% of the pairwise comparisons. We found shorter hairs had reduced levels of accuracy and hairs from populations examiners were not familiar with may have impacted their ability to resolve features. The reliability of ancestry determinations is not yet clear, but we found indications that the existing categories are only somewhat related to current ethnic and genetic variation. Our results provide support for the continued utility of microscopical comparison of hairs within forensic laboratories and to advocate for a combined analytical approach using both microscopical analysis and mtDNA data on all forensic analyses of hair.     

Further evaluation of probabilities in human scalp hair comparisons

Placing value on associative hair evidence is an integral part of court presentation. A modified repeat of the hair probability study by Gaudette and Keeping has been undertaken, with steps taken to remedy shortcomings of the original work. The results of this study demonstrate that, with the application of rigid selection criteria, the frequency of coincidental matches in forensic science hair comparisons is low. It also demonstrates that routine hair classification is not feasible, because of inconsistency in examiner discrimination. The macroscopic selection of 5 to 13 mutually dissimilar hairs has been shown to be frequently unrepresentative of the microscopic range of features present in a known hair sample.     

A review of major factors contributing to errors in human hair association by microscopy.

Forensic hair examiners using traditional microscopic comparison techniques cannot state with certainty, except in extremely rare cases, that a found hair originated from a particular individual. They also cannot provide a statistical likelihood that a hair came from a certain individual and not another. There is no data available regarding the frequency of a specific microscopic hair characteristic (i.e., microtype) or trait in a particular population. Microtype is a term we use to describe certain internal characteristics and features expressed when observing hairs with unpolarized transmitted light. Courts seem to be sympathetic to lawyer's concerns that there are no accepted probability standards for human hair identification. Under Daubert, microscopic hair analysis testimony (or other scientific testimony) is allowed if the technique can be shown to have testability, peer review, general acceptance, and a known error rate. As with other forensic disciplines, laboratory error rate determination for a specific hair comparison case is not possible. Polymerase chain reaction (PCR)-based typing of hair roots offer hair examiners an opportunity to begin cataloging data with regard to microscopic hair association error rates. This is certainly a realistic manner in which to ascertain which hair microtypes and case circumstances repeatedly cause difficulty in association. Two cases are presented in which PCR typing revealed an incorrect inclusion in one and an incorrect exclusion in another. This paper does not suggest that such limited observations define a rate of occurrence. These cases illustrate evidentiary conditions or case circumstances which may potentially contribute to microscopic hair association errors. Issues discussed in this review paper address the potential questions an expert witness may expect in a Daubert hair analysis admissibility hearing.     

野生动物资源的刑法保护及立法完善

实现"人与自然和谐相处",发展"生态文明",必须保持人类赖以生存的自然环境的生物多样性.野生动物既是重要的生物物种和环境因素,又是人类不可缺少的自然资源,对于维持生态平衡具有重要意义.国外和我国刑法针对动物资源犯罪均做出了相关规定.针对当前动物资源犯罪日益猖獗的严峻形势,我国应积极应对,加强国际合作,修订相关法律,增设有关罪名,以便取得良好成效.     

The nature of forensic science opinion--a possible framework to guide thinking and practice in investigations and in court proceedings.

The questions that are asked of forensic scientists during the course of a criminal investigation, and during subsequent court proceedings, are of varied form. This paper attempts to place these questions into broad generic types and explores the difference in the inferential process that a scientist may employ when forming opinions that help answer these questions. From this model, a working definition of different roles and attributes for forensic scientists is described which may offer greater clarity for both practitioners and users of forensic science.     

Hair-MAP: a prototype automated system for forensic hair comparison and analysis

This paper demonstrates the feasibility of the automation of forensic hair analysis and comparison task using neural network explanation systems (NNESs). Our system takes as input microscopic images of two hairs and produces a classification decision as to whether or not the hairs came from the same person. Hair images were captured using a NEXTDimension video board in a NEXTDimension color turbo computer, connected to a video camera. Image processing was done on an SGI indigo workstation. Each image is segmented into a number of pieces appropriate for classification of different features. A variety of image processing techniques are used to enhance this information. Use of wavelet analysis and the Haralick texture algorithm to pre-process data has allowed us to compress large amounts of data into smaller, yet representative data. Neural networks are then used for feature classification. Finally, statistical tests determine the degree of match between the resulting collection of hair feature vectors. An important issue in automation of any task in criminal investigations is the reliability and understandability of the resulting system. To address this concern, we have developed methods to facilitate explanation of neural network's behavior using a decision tree. The system was able to achieve a performance of 83% hair match accuracy, using 5 of the 21 morphological characteristics used by experts. This shows promise for the usefulness of a fuller scale system. While an automated system would not replace the expert, it would make the task easier by providing a means for pre-processing the large amount of data with which the expert must contend.     

A formal representation of declaration-related legal relations

A formal language is introduced that contains expressions for the dependency of a legal relation on the claims that the concerned individuals make and on the permissions that they grant. It is used for a classification of legal relations into six major categories: categorical obligation, categorical permission, claimable obligation, grantable permission, claim-dependent obligation and grant-dependent permission. Legal rights may belong to any of these six categories, but the characteristics of a right-holder are shown to be different in each of the six types.     

财产权制度的存在基础

民族性、目的性和当代性是民法制度设计的根基,财产权观念不仅是一种单纯的法律确认,同时也是一种伦理升华和哲学判断。财产权制度的产生与流变既是人类理性思维的结果,而且也有其赖以存在的充分的哲学依据,财产权制度的设计和改革必须以效益观念为指导。作者认为伦理基础是财产权制度民族性的体现,哲学基础决定了财产权制度设计的目的,而经济基础则是财产权制度时代性的必然要求。通过对财产权制度存在基础的综合分析,力图在前人已取得的丰硕成果上,重新观察财产和财产权这样一个开放的权利体系,对其做出正本清源的概括和梳理,以期对我国民法典和物权法的制定提供一种带有基础性的研究基点和研究思路。     

刑事司法领域中的民意之解读

民意是客观存在的。信息时代使得民意关注、评价甚至在一定条件下影响司法活动成为可能。刑事司法领域中的民意是公众在对因为某种原因受到社会各界格外关注的刑事案件认知、判断的基础上,根据法律正义的外在社会价值形成的带有普遍倾向和较多道德成分的观点或意见。民意是与案件处理结果有关（直接或潜在）但被国家排斥在刑事诉讼活动之外的一种重要利益的体现。     

Provocation and Pluralism

What is the best way to reflect human diversity in the structure of the provocation defence, and similar excusatory defences in the criminal law? The House of Lords recently concluded that the right way is to allow the jury to personalise and thereby qualify the apparently uniform ‘reasonable person’ standard mentioned in section 3 of the Homicide Act 1957. In this paper we argue that this is not the right way at all. We argue that the reasonable person standard, unqualified, already accommodates the only variations between people that the law should want to accommodate in an excusatory defence. To defend this view we revive the common law's tripartite analysis of the ‘objective’ (or impersonal) issues in the provocation defence: first, was there an action capable of constituting a provocation? second, how provocative was it? and third, how much self‐control should have been exhibited in the face of it? We show that these questions each have a built‐in sensitivity to certain variations between different defendants' situations, but that this does not detract from their objectivity (or impersonality). We argue that no more sensitivity is needed in the name of human diversity, and what is more that no more sensitivity is desirable.     

公案的民意、主题与信息对称

某些个案因被高度关注而演变成"过度曝光的案件",本文把它称为公案。本文从案件中民意的自身特性、主题元素、民意与司法之间的信息不对称三方面,对公案进行了分析。文章分析了公案中民意的特点;把公案分为六类,并提炼出六个"主题元素";还论述了司法与民意的"信息不对称"问题及其客观原因。     

Claiming "Victim" to Harassment Law: Legal Consciousness of the Privileged

Sociologists of law have long been concerned with the effectiveness of rights; the emergence of diversity training in the 1990s spurred renewed attention to questions of how laws are enacted in daily life. Much scholarship has constructed the managerialization of civil rights law and popularization of diversity concepts as diluting efforts to redress structural discrimination. In studying diversity and antiharassment trainings in practice, I argue that these are sites where civil rights find expression of their obligations, and I find that much of the "dilution" of content stems from diversity trainers' efforts to negotiate with the resistance of trainees to their new obligations under civil rights law. The trainees evince a variable legal consciousness in relationship to this legality of rights-promotion, to which they are being exposed in these trainings; the findings suggest further research is needed into the legal consciousness of the privileged.     

Scientists’ perspectives concerning the effects of university patenting on the conduct of academic research in the life sciences

This paper explores scientists’ perspectives on the possible “unintended effects” of university patenting on the definition of academic research agendas, and the norms of open science. Based on a survey of life science researchers in Denmark, we found that a substantial proportion of scientists were skeptical about the impact of university patenting. The most skeptical respondents were scientists oriented towards basic research (particularly the less productive ones), recipients of research council grants, scientists with close relations to industry, and full professors. Highly productive scientists were less concerned. Our results have implications for understanding the ultimate success or failure of academic patenting policies, including how increased university patenting may be affecting how scientists conduct academic research.