谁是司法鉴定的“守门人”？——《关于司法鉴定管理问题的决定》实施五周年成效评析

本文从司法鉴定机构设置、司法鉴定活动启动以及司法鉴定意见审查三个方面论述了司法鉴定“守门人”问题。通过对两大法系国家各自司法鉴定制度的分析,梳理司法鉴定“守门人”的三道防线。同时有针对性地比较和讨论了我国司法鉴定制度缺陷,明确司法鉴定制度改革不能以牺牲鉴定意见“守门人”功能为代价。指出建立国家所属的具有公益性、中立性的司法鉴定机构是发展的必由之路。     

司法证明的性质：作为似真推理工具的概率

以贝叶斯分析为代表的概率论,是改变了人类生活之现代科学成就中至关重要的组成部分。然而,它并非是铸就这种成就的唯一认知工具。法庭科学和法律以多种方式关联,但同时又有天壤之别。法庭科学,如同其他任何科学一样,致力于将复杂性降至允许精心设计研究并精确解释的可控水平。法律制度却无法享受这种奢华,且必须在有限时间内应对不可计数、变化多端的人类社会复杂性。司法证明运用包括概率论在内的多种认知工具,以辅助似真推理,但归根结底,它不能被简化为数字和数学公式。     

The importance of forensic evidence for decisions on criminal guilt

Recent studies have found that the general public perceives forensic evidence to be relatively inaccurate and to involve high levels of human judgement. This study examines how important the general public finds forensic evidence by comparing decisions on guilt and punishment in criminal cases that involve forensic versus eyewitness testimony evidence and examining whether a CSI effect exists. Specifically, this experimental survey study utilized a 2 (crime type: murder or rape) × 4 (evidence type: DNA, fingerprint, victim eyewitness testimony, or bystander eyewitness testimony) ? 1 (no victim testimony for murder scenario) design, yielding seven vignettes scenarios to which participants were randomly assigned. Results indicate that forensic evidence was associated with more guilty verdicts and higher confidence in a guilty verdict. Forensic evidence did not change the expected sentence length and did not generally affect the ideal sentence length. However, for rape, respondents believed that the defendant should receive a longer sentence when forensic evidence was presented but forensic evidence did not alter likely sentence that respondents expected the defendant to receive. The results of this study did not support a CSI effect. Overall, this study suggests that forensic evidence – particularly DNA – has a stronger influence during the verdict stage than the sentencing stage.     

《加强美国法庭科学之路》的反响和启示

美国科学院国家研究顾问委员会2009年2月发布的《加强美国法庭科学之路》明确指出目前美国法庭科学领域的很多学科存在严重缺陷,不能很好地为司法审判服务。本文通过对该报告出台背景和一年多来的争论和反响进行分析,对其披露的问题和提出的建议进行了详细解读。目前其主要争议存在于设立独立的国家法庭科学研究院和隔离法庭科学机构与执法...     

等速技术检测膝关节伪装瘫痪的可靠性

目的评估等速技术对健康青年志愿者配合及伪装膝关节运动的重测可靠性。方法 30名健康青年志愿者在30°/s角速度下间隔45min执行2次向心全力配合及半力、随机力量伪装膝关节屈伸运动,对2次测试的峰力矩(peak torque,PT)值进行统计学分析。结果全力测试的相对可靠性ICC值(0.892~0.956)大于半力和随机力量的ICC值(0.246~0.481),并且全力的绝对可靠性各参数数值均小于半力和随机力量。结论在配合条件下,等速技术对健康青年膝关节PT的检测具有良好的可靠性,并高于伪装条件下的可靠性。     

Psychedelic fungus (Psilocybe sp.) authentication in a case of illegal drug traffic: sporological,molecular analysis and identification of the psychoactive substance

In nature, there are >200 species of fungi with hallucinogenic properties. These fungi are classified as Psilocybe, Gymnopilus, and Panaeolus which contain active principles with hallucinogenic properties such as ibotenic acid, psilocybin, psilocin, or baeocystin. In Chile, fungi seizures are mainly of mature specimens or spores. However, clandestine laboratories have been found that process fungus samples at the mycelium stage. In this transient stage of growth (mycelium), traditional taxonomic identification is not feasible, making it necessary to develop a new method of study.Currently, DNA analysis is the only reliable method that can be used as an identification tool for the purposes of supporting evidence, due to the high variability of DNA between species. One way to identify the species of a distinctive DNA fragment is to study PCR products analyzed by real time PCR and sequencing. One of the most popular sequencing methods of forensic interest at the generic and intra-generic levels in plants is internal transcribed spacer (ITS). With real time PCR it is possible to distinguish PCR products by differential analysis of their melting temperature (Tm) curves.This paper describes morphological, chemical, and genetic analysis of mycelia of psychedelic fungi collected from a clandestine laboratory. The fungus species were identified using scanning electron microscopy (SEM), mass spectrometry, HRM analysis, and ITS sequencing. The sporological studies showed a generally smooth surface and oval shape, with maximum length 10.1?μm and width 6.4?μm. The alkaloid Psilocyn was identified by mass spectrometry, while HRM analysis and ITS sequencing identified the species as Psilocybe cubensis. A genetic match was confirmed between the HRM curves obtained from the mycelia (evidence) and biological tissue extracted from the fruiting bodies. Mycelia recovered from the evidence and fruiting bodies (control) were genetically indistinguishable.     

DNA investigative lead development from blood and saliva samples in less than two hours using the RapidHIT™ Human DNA Identification System

The RapidHIT™ Human DNA Identification System produces full STR DNA profiles (sample in, results out) in 90 min. Here we present results from a new protocol on the RapidHIT System, designed for crime scene samples. Data are presented for blood and saliva samples, with results for a range of samples and substrates. Success rates and sensitivity display a high level of performance for the sample types evaluated in the study and demonstrate the efficacy of the new protocol for crime scene samples.     

高效液相色谱法测定盐酸曲马多血药浓度

目的 建立测定人血浆中盐酸曲马多浓度的HPLC-UV法。方法 血浆样品经碱化后,用二氯甲烷提取。采用依利特C18色谱柱(5μm),流动相为乙腈-磷酸盐缓冲液(74:26,pH6.5),检测波长为220um。结果 盐酸曲马多浓度在10～800ng/ml范围内与曲马多/内标物峰高比呈良好线性关系,r=0.9984,平均回收率为93.48％,最低定量检测浓度为10ng/ml;日内及日间RSD分别为3.81％～5.44％和3.95％～4.41％。结论HPLC-UV法用于血浆中盐酸曲马多浓度的检测,符合司法毒物分析及临床药血浓度测定的要求。     

Forensic anthropology in the global investigation of humanitarian and human rights abuse: Perspective from the published record

Forensic anthropologists have played key roles in the historical development of forensic science applications to global humanitarian and human rights issues. These anthropological initiatives can be traced back to the Smithsonian seminar organized by T. D. Stewart in 1968 and published in 1970. Key developments include the 1984 delegation sent by the American Association for the Advancement of Science to Argentina and the formation of the Argentine Forensic Anthropology Team. Subsequent highlights include major anthropological involvement in support of investigations by international criminal tribunals, formation of forensic anthropology teams in different countries and activities of the International Commission of Missing Persons and the forensic unit of the International Committee of the Red Cross. Recent developments feature the formation of the Humanitarian and Human Rights Resource Center of the American Academy of Forensic Sciences and its support of worthwhile projects in many countries. The published record provides historical perspective on these developments.     

Influence of the luminol chemiluminescence reaction on the confirmatory tests for the detection and characterization of bloodstains in forensic analysis

Preliminary tests for the detection of stains at crime scenes aim to focus the police work making them more efficient in the combat of criminality. The application of the luminol chemiluminescence reaction (3-aminoftalhidrazida) in presumptive tests for the detection of bloodstains is known for more than 40 years in forensic science. This reaction is based on the emission of light through the chemical reaction of luminol mixed with hydrogen peroxide and a hydroxide in the presence of a catalytic molecule (iron from the hemoglobin) (Laux [1]).This work evaluates the luminol interference and its effect on subsequent serological and DNA testing. Samples prepared with blood and different concentrations of luminol solution containing luminol, peroxide of hydrogen and sodium carbonate, were analyzed. Additionally, samples of serial dilutions of standard DNA mixed with luminol solution were also analyzed. Although presumptive tests with luminol do not establish the characterization and identification of stains at crime scenes, preliminary results indicated that it is suitable for the detection of invisible bloodstains for forensic analysis, with few detrimental effects on the serological tests and subsequent DNA recovery and typing.     

Identifying the scene of a crime through pollen analysis

The forensic analysis of pollen involves the comparison of crime scene and reference pollen samples. Successful matches are frequently used to solve time- or location-related crimes. Despite its prospects in criminal investigation, forensic palynology is still underused in casework due to inherent shortcomings such as its limited evidential weighting, scarcity of skilled palynologists dedicated to forensic casework and the laborious nature of analytical procedures. To address these challenges, the current state-of-the-art in forensic palynology is transiting from the traditional light microscopic methods that dominated the early days of palynology to more contemporary approaches like Raman spectroscopy, stable isotope analysis and DNA metabarcoding. The major challenges of these methods, however, include a lack of optimisation to forensic expectations and the unavailability of robust databases to permit accurate data interpretation, and quests to resolve these problems constitute the theme of current research. While reiterating the usefulness of pollen analysis in criminal investigation, this report recommends orthogonal testing as a way of improving the evidential weighting of forensic palynology.