Withdrawn: Hair Analysis for Drug‐Facilitated Crime: The Critical Role of Hair Growth Rate

The following article from the Journal of Forensic Sciences, “Hair Analysis for Drug‐Facilitated Crime: The Critical Role of Hair Growth Rate” by Koren G, Bellaish E, Maman K, published online on 3rd September 2019 (1) on Wiley Online Library has been withdrawn at the authors’ request, and in agreement between the authors, the Journal’s Editorial Office, and John Wiley & Sons, Inc. The withdrawal has been agreed to by all parties due to material included in the article being involved in current litigation. Reference 1. Koren G, Bellaish E, Maman K. Hair analysis for drug‐facilitated crime: the critical role of hair growth rate. J Forensic Sci 2019;54(5):1574–5. https://doi.org/10.1111/1556-4029.14013 .     

Withdrawal: Koren G,Bellaish E,Maman K. Hair analysis for drug-facilitated crime: the critical role of hair growth rate. J Forensic Sci 2019;54(5):1574–5 (https://doi.org/10.1111/1556-4029.14013)

The following article from the Journal of Forensic Science, “Hair Analysis for Drug-Facilitated Crime: The Critical Role of Hair Growth Rate” by Koren G, Bellaish E, Maman K, published online on 3rd September 2019 (1) on Wiley Online Library has been withdrawn at the authors’ request, and in agreement between the authors, the Journal’s Editorial Office, and John Wiley & Sons, Inc. The withdrawal has been agreed to by all parties due to material included in the article being involved in current litigation. Reference 1. Koren G, Bellaish E, Maman K. Hair analysis for drug-facilitated crime: the critical role of hair growth rate. J Forensic Sci 2019;54(5):1574–5. https://doi.org/10.1111/1556-4029.14013 .     

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.     

Interpreting small quantities of DNA: the hierarchy of propositions and the use of Bayesian networks

The dramatic increase in the sensitivity of DNA profiling systems that has occurred over recent years has led to the need to address a wider range of interpretational problems in forensic science. The issues surrounding questions of the kind "whose DNA is this?" have been the subject of considerable controversy but now it is clear that the emphasis is shifting to questions of the kind "how did this DNA get here?" Such issues are discussed in this paper and new insights are provided by two particular recent developments. First, the notion of the "hierarchy of propositions" that has arisen from a project called Case Assessment and Interpretation (CAI) that has been running in the British Forensic Science Service (FSS). Second, a technique for drawing inferences in the face of many interacting considerations, known as "Bayesian networks"--or "Bayes' nets" for short--that has been the subject of an earlier paper in this journal (1). The discussion is carried out by means of case studies, based on actual cases. It is clear that, whereas the inference in relation to the source of the DNA in a crime sample might be overwhelmingly strong, the inference in relation to the propositions that a jury must consider relating to the identity of the actual offender may be much more tentative.     

进一步 退一步 再进一步——司法鉴定立法简评与建议

2005年2月28日全国人大常委会颁布的《关于司法鉴定管理问题的决定》,在立法层面上,是一个不小的进步,特别在解决审鉴分离,促进司法公正方面作出了积极贡献。《刑事诉讼法》再次修改,有关鉴定问题的立法,理应在《关于司法鉴定管理问题的决定》已有的成果基础上进行,然而《刑事诉讼法修正案（草案）》仍将＂鉴定＂放在侦查一章中作为一种＂侦查行为＂,显然在《关于司法鉴定管理问题的决定》的基点上倒退了一步。建议在刑诉法修正案中有关与刑事鉴定的定位上,就鉴定人及其权利义务、委托人的义务与限制、制作鉴定意见书的程序、鉴定意见的告知、申请重新鉴定等方面的立法上再前进一步。     

Uncertainty about the true source. A note on the likelihood ratio at the activity level

This paper focuses on likelihood ratio based evaluations of fibre evidence in cases in which there is uncertainty about whether or not the reference item available for analysis - that is, an item typically taken from the suspect or seized at his home - is the item actually worn at the time of the offence. A likelihood ratio approach is proposed that, for situations in which certain categorical assumptions can be made about additionally introduced parameters, converges to formula described in existing literature. The properties of the proposed likelihood ratio approach are analysed through sensitivity analyses and discussed with respect to possible argumentative implications that arise in practice.     

ISFG: Recommendations on biostatistics in paternity testing

The Paternity Testing Commission (PTC) of the International Society for Forensic Genetics has taken up the task of establishing the biostatistical recommendations in accordance with the ISO 17025 standards and a previous set of ISFG recommendations specific to the genetic investigations in paternity cases. In the initial set, the PTC recommended that biostatistical evaluations of paternity are based on a likelihood ratio principle – yielding the paternity index, PI. Here, we have made five supplementary biostatistical recommendations. The first recommendation clarifies and defines basic concepts of genetic hypotheses and calculation concerns needed to produce valid PIs. The second and third recommendations address issues associated with population genetics (allele probabilities, Y-chromosome markers, mtDNA, and population substructuring) and special circumstances (deficiency/reconstruction and immigration cases), respectively. The fourth recommendation considers strategies regarding genetic evidence against paternity. The fifth recommendation covers necessary documentation, reporting details and assumptions underlying calculations. The PTC strongly suggests that these recommendations should be adopted by all laboratories involved in paternity testing as the basis for their biostatistical analysis.     

The Probabilistic Genotyping Software STRmix: Utility and Evidence for its Validity

Forensic DNA interpretation is transitioning from manual interpretation based usually on binary decision‐making toward computer‐based systems that model the probability of the profile given different explanations for it, termed probabilistic genotyping (PG). Decision‐making by laboratories to implement probability‐based interpretation should be based on scientific principles for validity and information that supports its utility, such as criteria to support admissibility. The principles behind STRmix? are outlined in this study and include standard mathematics and modeling of peak heights and variability in those heights. All PG methods generate a likelihood ratio (LR) and require the formulation of propositions. Principles underpinning formulations of propositions include the identification of reasonably assumed contributors. Substantial data have been produced that support precision, error rate, and reliability of PG, and in particular, STRmix?. A current issue is access to the code and quality processes used while coding. There are substantial data that describe the performance, strengths, and limitations of STRmix?, one of the available PG software.     

What is the magnitude of the subpopulation effect?

The effect of population subdivision on estimated match probabilities has been raised [Nature 339 (1989) 501; Am. J. Hum. Genet. 48 (1991) 819; Science 254 (1991) 1921]. Previous work [J. Forensic Sci. 39 (1994) 319; J. Forensic Sci. 39 (1994) 988; Am. J. Hum. Genet. 55 (1994) 533] has compared product rule estimates from differing databases and found that the "subpopulation" error may be of the order of a factor of 10. This approach compares an estimate with an estimate. This paper uses simulation to extend these studies by allowing a comparison to a 'true match probability' and supports the conclusion that subpopulation effects are mild. In addition the performance of recommendations 4.1 and 4.2 of NRC II [National Research Council and C.O.D.F. Science, The Evaluation of Forensic DNA Evidence, National Academy Press, Washington, DC, 1996].     

规范司法鉴定程序，完善司法鉴定制度——浅析《司法鉴定程序通则》制定及其相关内容

为了深入贯彻全国人大常委会《关于司法鉴定管理问题的决定》(以下简称《决定》),为了进一步规范司法鉴定活动,新制定的《司法鉴定程序通则》(以下简称《通则》)自2007年10月1日起施行。这是继2005年9月30日公布的《司法鉴定机构登记管理办法》和《司法鉴定人登记管理办法》颁布实施后,司法部出台的有关司法鉴定管理的又一个与人大《决定》相配套的重要规章。结合工作实践和思考,就新版《通则》及其相关内容作一简要分析。     

Withdrawal of artificial nutrition in the persistent vegetative state: a continuous controversy

The withdrawal of life support from patients in persistent vegetative state (PVS) is a controversial issue, as highlighted by a continuous public debate and recent judicial decisions. In Germany, a topic of particular interest is the abatement of artificial nutrition. First, doubts have come up whether every kind of technically delivered nutrition should be rated identically or whether a distinction between feeding tubes/gastrotomies and intravenous administration should be made. Second, the question is left open whether artificial nutrition is part of basic care and as a consequence may never be discontinued, or if it has to be regarded as life-sustaining treatment which can be refused by surrogates on behalf of the nonautonomous patient. Most recently, controversial judicial decisions have dealt with the question if substituted judgement concerning abatement of artificial nutrition by surrogates or legal guardians is permitted or if the approval of a court is necessary. Forensic evidence is provided which indicates that the withdrawal of artificial nutrition in patients in the persistent vegetative state may become a contributing causative factor or even the immediate cause of death. The legal implications with regard to the above-mentioned issues of controversy are discussed.     

Intra- and interobserver error of the Greulich-Pyle method as used on a Danish forensic sample

The Section of Forensic Medicine at the University of Copenhagen performs age evaluations of the living at the request of the police. The established procedure in these cases involves: (1) a physical examination; (2) an odontological examination based on evaluation of an orthopantomogram and intraoral dental radiographs. Different methods are used depending on the maturity of the individual examined; and (3) a carpal X-ray examination, using the Greulich and Pyle Atlas (GPA) method. We present the results of intra- and interobserver tests of carpal X-rays in blind trials, and a comparison of the age estimations by carpal X-rays and odontological age estimation. We retrieved 159 cases from the years 2000-2002 (inclusive). The intra- and interobserver errors are overall small. We found full agreement in 126/159 cases, and this was between experienced users and novices. Overall, the mean difference was 0.053 years, with a standard deviation of +/-0.567 years. Our results show that the direct and na?ve use of the GPA is simple and reproducible, even when applied by non-experienced users. This is probably also why the method is still widely applied, even though other authors have stated that atlas-based techniques are obsolete and ought to be replaced by other methods. Specifically, the GPA test sample consisted of American "white" children "above average in economic and educational status", leading to the question as to how comparable subjects being scored by the GPA method today are to this original sample. Indeed, we found a minor difference in the age estimations for older juveniles between odontologists and radiologists, which may indicate that more studies on comparative dental and skeletal aging for geographically different populations would be beneficial. Finally, if using the GPA method in legal cases, we would advise that one should closely adhere to the standard deviations given, and intermediary scores should be noted and not just a resultant age. The final age statement should also address the problems of reference populations.     

浅议医事技术纷争的鉴定

医疗事故技术鉴定被运用于诉讼活动就是司法鉴定,它与法医类司法鉴定,是不同类别的鉴定,适用范围不同。作为《侵权责任法》专列的一类特殊侵权类型,其技术鉴定的名称,以“医疗损害责任技术鉴定,为妥。目前委托医学会进行医疗损害责任技术鉴定具有充分的法律依据。医疗纠纷争议中最为关键的“诊疗行为的过错”及“过错与损害后果之间的因果关系”这两个问题,正是法医病理鉴定、法医临床鉴定所无权涉及的内容。     

Understanding of forensic expert reports by judges,defense lawyers and forensic professionals

Forensic scientists strongly advocate the use of likelihood ratios for expressing the diagnostic value of evidence in technical forensic reports. They call this the logically correct approach. The correct comprehension of such likelihood ratios by jurists, however, appears to be particularly problematic. The present research has empirically investigated this issue for defense lawyers and criminal judges. For comparative purposes forensic professionals, many of whom use the logically correct approach, were included in the study as well.

Using fictitious forensic reports, it was shown that proper understanding of likelihood ratios by jurists is quite poor, due mainly, but not exclusively, to the prosecutor's fallacy. Forensic professionals outperformed jurists to a large extent but made many mistakes themselves. It is further shown that participants’ self-expressed supposed level of understanding of logically correct conclusions is quite high and thus not justified by their levels of proper understanding. Suggestions for how to improve the situation are presented.     

Who Is the Client and Who Controls Release of Records in a Forensic Evaluation? A Review of Ethics Codes and Practice Guidelines

Forensic psychologists often refuse to release evaluation records, especially to the evaluee. One justification for this practice is based on the ethical positions that the referral source “is the client” and “controls release of records” (also found in the Specialty Guidelines for Forensic Psychology). To determine whether these ethical positions are shared by the field of forensic mental health, official documents from forensic mental health organizations were used as a proxy for these views. Thirty-four supporting arguments for either position were identified from the literature; it was postulated that official documents would support both positions and utilize supporting arguments. Fifty-four official documents were discovered, and qualitative analysis was used to construct a 17-category model of official views. Neither position was supported by a majority of documents, and few of the supporting arguments were utilized by supportive documents. The positions are unsupported because official documents espouse a wide diversity of views, there are a number of logical flaws in supporting arguments, and even official APA documents hold conflicting views. Ethical arguments are advanced for contrary positions, and the referral-source-control of records release is contrary to law. A more ethical view is that the psychologist may have multiple, possibly conflicting responsibilities to multiple entities; the psychologist’s roles and responsibilities should be clarified with each entity using an informed consent process. Psychologists should release records at the behest of the evaluee, lest they be subject to licensing discipline, Health Insurance Portability and Accountability Act (HIPAA) complaints, and/or civil sanctions. Recommendations are offered for psychologists, future ethics codes and professional practice guidelines, and test security practices.     

Analysis of the suicide cases (by hanging) according to the data of forensic medical expertise in Iakutsk

The paper contains a detailed analysis of suicides through hanging for a period of 5 years (1996-2000) based on the data of the Yakutsk. Forensic Medical Bureau. The above data point at the most important concurrent factors, which can be helpful in the prevention of suicides.     

Estimation of the post mortem period by multiple-site temperature measurements and the use of a new algorithm

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.     

刑事诉讼领域司法鉴定争议探讨

司法鉴定在刑事诉讼活动中具有重要作用,是刑事案件有效侦破和公正审理的技术保障。但在实践中,刑事诉讼领域一直存在的司法鉴定争议日益突出。产生很多相关问题,既影响司法公正、司法效率,也不利于公民合法权益的维护。成为各方关注的焦点。从体制机制、制度设计的宏观层面对刑事诉讼领域出现司法鉴定争议问题的原因进行分析,就如何有效解决该问题进行了一些理性思考。     

The use of hair as a toxicological tool in DFC casework

When drugging related offences are cited, most people think of sexual assault. However, the law covers any crime committed whilst the complainant is under the influence of alcohol or drugs i.e. the use of a drug to modify a person's behaviour for criminal gain. The case types encountered include robbery, blackmail and of course sexual offences.Hair analysis for drugs is now well established in Forensic Toxicology. Its use as an analytical tool in workplace testing, post-mortem toxicology and criminal cases is expanding both in the UK and worldwide, and it is now widely accepted as an alternative or complimentary matrix for these cases. This paper will provide a brief overview of hair testing in cases of Drug Facilitated Crime stressing the importance of timely sample collection. Its usefulness in cases of this type will be highlighted through case examples.     

Some mathematical problems in the DNA identification of victims in the 2004 tsunami and similar mass fatalities

DNA is a major and essential identification tool for mass fatality incidents including the hundreds of thousands of victims of the 2004 Indian Ocean tsunami. Mathematical complications characteristic of this sort of mass fatality include prevalence of related victims, the many races represented among the victims, and various identification modalities in tandem with DNA. Four mathematical problems of interest are discussed in this paper. (1) Other quantifiable factors (i.e. geography) can be formally accounted for by including a likelihood ratio that can be thought of as reducing the "effective number of victims." (2) When a victim is found and tentatively identified as V, but then it comes to light that the victim has a relative W who is also missing, confidence in the identity is depressed. To account for the existence of W, increment the effective number of victims by the likelihood ratio supporting W as the identity of the victim. (3) When several apparently related victims are found, their mutual identities should be calculated simultaneously. Compared to one-at-a-time, serial identifications, this is both logical and may lead to much more confidence in the identities. (4) Although there may be many different population groups represented among the missing, it is generally sufficient to consider population statistics for only a few of them in deciding whether to declare an identification.