The Soviet systems of forensic laboratories: organization and capabilities

There are several systems of Forensic Laboratories and Institutions in the USSR. They are operated by the Ministry of Internal Affairs, the Ministry of Justice, the Ministry of Public Health, the Committee of State Security, and the Ministry of Defense. Each Forensic Laboratory or Institution is divided into specialized departments and units which provide different examinations. Modern techniques and methods are applied to the examination of physical evidence. A particular attention is given to the theoretical research and development of Forensic Sciences.     

The forensic medical evaluation of subcapsular splenic injuries

Data on 63 cases of subcapsular spleen lesions are analyzed. Circumstances of trauma infliction period of the 2-nd stage of spleen capsule rupture, morphological types of subcapsular spleen lesions, microscopic changes in different posttraumatic periods are presented.     

The presence of low IQ and mental retardation among murder defendants referred for pretrial evaluation

After an overview of definitions of mental retardation and recent case law regarding mental retardation and the death penalty, this paper presents a study of factors associated with a mental retardation (MR) diagnosis among murder defendants. Subjects with a full-scale IQ< or =70 (n=42) were compared with other pretrial murder defendants (n=228) referred for forensic evaluation over a 5-year period. Subjects with an IQ< or =70 who were diagnosed with MR were compared with subjects with an IQ< or =70 who did not receive this diagnosis. Female murder defendants were more likely to receive a diagnosis of MR (p=0.03). MR was also more commonly diagnosed in subjects with an Axis I cognitive disorder (p=0.018). Having an IQ< or =70 was more common in subjects with a psychotic and substance use disorder (p=0.03) and did not necessarily lead to a diagnosis of MR in this subgroup. Implications for diagnosing MR among murder defendants are discussed.     

Psychiatric and neurological characteristics of murder defendants referred for pretrial evaluation

After literature review, this paper presents the largest study to date (n = 270) of psychiatric and neurological characteristics of accused murderers in the United States. This retrospective record review of pretrial detainees undergoing competency to stand trial and criminal responsibility evaluations examined demographic characteristics, psychiatric diagnosis, substance use patterns, Intelligence Quotient (IQ), and results of electroencephalogram (EEG), neuroimaging (MRI or CT) and neurological examination. Substance use and mood/adjustment disorders were common. Neuroimaging was abnormal in 18% of subjects and was associated with lower Performance IQ. EEG and neurological exam findings were not associated with measured cognitive impairment. While 16% of subjects had a FS IQ < 70, only 6% were diagnosed with mental retardation. Subjects with a psychotic disorder (p = 0.001) or an anxiety disorder (p = 0.005) were more likely to use a knife than other subjects in the study. Violence risk assessment in these patients must not only involve inquiry about firearm availability.     

The impact of pretrial publicity on jurors

Previous research on how jurors are prejudiced by pretrial publicity (PTP) has focused on the impact of print media (i.e., newspapers). However, in this “television age”, we are exposed to compelling and vivid images of crimes and cases. This raises the question of whether potential jurors may be more influenced by television media (e.g., news programs or televised hearings) then print media (e.g., newspaper and magazine articles). Using an actual case involving extensive PTP, the present study varied the type of medium (print articles, video, articles+video) presented to potential jurors. The results indicated that exposure to the various media had a prejudicial impact on people, and that they were unaware of their biases. As hypothesized, television exposure and television plus print articles biased potential jurors significantly more than exposure to print media alone.     

An evaluation of forensic similarity hashes

The fast growth of the average size of digital forensic targets demands new automated means to quickly, accurately and reliably correlate digital artifacts. Such tools need to offer more flexibility than the routine known-file filtering based on crypto hashes. Currently, there are two tools for which NIST has produced reference hash sets–ssdeep and sdhash. The former provides a fixed-sized fuzzy hash based on random polynomials, whereas the latter produces a variable-length similarity digest based on statistically-identified features packed into Bloom filters.This study provides a baseline evaluation of the capabilities of these tools both in a controlled environment and on real-world data. The results show that the similarity digest approach significantly outperforms in terms of recall and precision in all tested scenarios and demonstrates robust and scalable behavior.     

The forensic psychiatric evaluation of mental disorders in diabetic patients

The article deals with the results of investigation of psychic disturbances in 7 patients with diabetes mellitus. Psychic dysfunctions which are important for forensic psychiatric practice (depressions, transitory psychotic episodes at the background of hyperglycemia and pathologic states with consciousness disturbance, psychomotor excitement and incorrect behaviour in hypoglycemic states) were analysed. Characteristics were noted which contributed to diagnosing in patients with diabetes mellitus, the states of temporary morbid mental disorder and choosing correct expert conclusion in relation to persons who committed indictable actions.     

The biasing impact of pretrial publicity on juror judgments

This study examines three previously unexplored aspects of the biasing impact of pretrial publicity. First, this study tests the differential effects of several different types of pretrial publicity on juror decision making. Second, this study explores the impact the presentation of trial evidence has on biases created by pretrial publicity. Finally, the study explores the psychological processes by which pretrial publicity effects may operate. Results indicate that pretrial publicity, particularly negative information about the defendant's character, can influence subjects' initial judgments about a defendant's guilt. This bias is weakened, but not eliminated by the presentation of trial evidence. Character pretrial publicity, and both weak and strong inadmissible statements appear to operate by changing subjects' initial judgments of the defendant's guilt. This initial judgment then affects the way subjects assess the evidence presented in the trial and the attributions they make about the defendant. Prior record pretrial publicity appears to have its effects by influencing subjects' inferences about the criminality of the defendant and this is related to posttrial judgments.     

The forensic evaluation of burned skeletal remains: A synthesis

In recent years, research and case experience have greatly augmented knowledge regarding the effects of extreme heat on skeletal remains. As a result of this effort, enhanced interpretation is now possible on such issues as the extent of recovery, reconstruction, trauma, individual identification, size reduction, thermal effects on histological structures, color variation, the determination if remains were burned with or without soft tissue, DNA recovery and residual weight. The rapidly growing literature in this area of forensic science includes experimental research that elucidates the dynamics of the thermal impact on skeletal structure and morphology.     

The forensic evaluation and treatment of children: ethics and values

This article will review the history of ethics and values in the forensic evaluations and treatment of children. Topics to be discussed include paternalism, advocacy, parental responsibility, and legal doctrine of parens patriae. Various aspects of the treatment of children, including medications, behavior modification, and psychotherapy, are also examined for ethical considerations. Agency consultation in conflicts of ethics that are associated with public laws are also addressed. The ethical implications of the use of children in any research as research subjects is also addressed.     

两大法系行政诉讼审前程序模式比较及对我国的启示——以美国和德国为例

随着我国审判方式改革的推进,行政审判实践中出现了庭前证据交换等审前程序改革的有益探索。但是由于我国行政诉讼审前程序规则的不完善,审前准备工作存在诸多问题,这些问题的存在提示着我国审前准备工作程序化的必要性。本文在比较分析了德国和美国的审前程序后,对我国审前程序模式选择提出了建议。     

Use of DNA polymorphism in forensic paternity evaluation

Problematical paternity cases were additionally subjected to DNA-polymorphism analysis. 5 cases are reported, focusing on problems due to, 'silent' allele transmittance, relatively low probability for paternity, obvious occurrence of the extremely rare Rh gene complex CWc, involvement of brothers as putative fathers, non-paternity of a man although his W-value was 99.975%. The aim of this paper is to demonstrate the need for DNA-polymorphism analysis, if conventional blood group tests do not lead to a clear-cut decision. Extended typing of conventional blood group polymorphisms (except HLA) cannot compete with highly polymorphic DNA loci.     

A survival model of pretrial failure

This paper examines the likelihood of rearrest during the pretrial period with a model that depends on both time elapsed since release and on individual and case characteristics. Using data on a sample of male arrestees released on recognizance in the District of Columbia in 1984, we apply a survival or hazard model to the problem of predicting pretrial rearrest. We are particularly interested in whether drug use, as measured by urinalysis at arrest, is predictive of pretrial rearrest and its timing. Results show, for example, that drug use or a charge for larceny is associated with high risk levels in the period immediately following release. In our data, the number of prior convictions exerts a strong effect on rearrest risk throughout the pretrial period, but the initial high risk associated with being on probation or parole or having pending charges decreases rapidly over the course of a year at risk.     

The feasibility and utility of pretrial instruction in the substantive law

Jurors are traditionally instructed in the governing law after trial, just prior to deliberation. Several legal scholars have proposed that instructing jurorsprior to trial would better equip them to evaluate the evidence and integrate it with the law. The most controversial aspect of this position is preinstruction in thesubstantive law. Critics warn that substantive preinstruction may impair jurors' performance and that it poses unreasonable administrative problems. This research surveys the opinions of California Superior Court judges on the advantages and disadvantages of substantive preinstruction to understand the reasons that judges either do or do not preinstruct on substantive issues. The most important advantage to emerge was the potential for a substantive precharge to improve jurors' integration of facts and law. The most critical disadvantages were administrative ones: The judge does not know before trial what substantive instructions are appropriate, and the procedure may cause burdensome delays.     

Overview of clinical forensic services in various countries of the European Union

Examination of a person who has been a victim of a physical or sexual assault may be very important for upcoming legal proceedings.In the context of a clinical ...