信号检测论视角下法医精神病鉴定意见的评判

鉴定意见准确是高质量法医精神病鉴定的必然要求。然而,法医精神病鉴定是由鉴定人来实施的,在鉴定过程中,鉴定人需要进行一系列判断和识别,鉴定意见是鉴定人一系列识别和判断的结果。探讨法医精神病鉴定中鉴定人识别和判断活动的特征,并结合信号检测论所揭示的人进行识别和判断活动的心理学规律,探讨法医精神病鉴定意见准确性的影响因素,以及由信号检测论所揭示的规律对于正确认识法医精神病鉴定的准确性、提高法医精神病鉴定质量的指导价值和意义。     

司法会计鉴定结论质证方法探讨

司法会计鉴定结论同所有鉴定结论一样，并不具备天然的“权威性”。其证明力如何，须经法院审查和当事人的互相互相质证，这是一种正当的程序保障，有助于体现诉讼的公正性。本文从技术操作层面分析探讨了司法会计鉴定结论质证的方法。     

Report of the blind trial of the Cetus Amplitype HLA DQ alpha forensic deoxyribonucleic acid (DNA) amplification and typing kit

The AmpliType HLA DQ alpha forensic DNA amplification and typing kit is designed for the qualitative analysis of the human leukocyte antigen (HLA) DQ alpha alleles present in deoxyribonucleic acid (DNA) extracted from forensic samples. The AmpliType kit is the first forensic DNA typing product based on the GeneAmp polymerase chain reaction (PCR) process. The kit was evaluated by five forensic science laboratories (test sites) to assess their ability to perform DNA typing using PCR on sample types typically encountered by forensic laboratories. None of the DNA-containing samples was mistyped. Of the 180 DNA-containing samples analyzed, results were reported for 178 (98.9%). Of the 178 samples with results, all were correctly typed. Two sites did not report a result for one sample each. Four of the five laboratories experienced no significant levels of contamination in the DNA-containing samples. At the one site with the highest number of DNA-containing samples with contamination, the typing results were not compromised. This site was able to correct the contamination problem through simple procedural changes and stricter attention to sterile technique. Blank controls were important to monitor contamination. In conclusion, the trial demonstrated that forensic science laboratories are capable of setting up a PCR-based DNA typing laboratory and successfully using the AmpliType HLA DQ alpha forensic DNA amplification and typing kit to analyze forensic samples.     

社会司法鉴定人和职能司法鉴定人比较评介

全国人大常委会《关于司法鉴定管理问题的决定》旨在建立统一司法鉴定管理体制,然而,实践中出现的鉴定机构和鉴定人管理双轨制使《决定》的立法初衷未能实现。＂两高＂、＂三部＂《通知》试图对此予以校正,将侦查机关所属＂职能鉴定人＂一并纳入司法行政部门的登记管理体系。由此出现的社会司法鉴定人和职能司法鉴定人仍然在管理上存在差异,从统一司法鉴定管理体制的角度看,职能司法鉴定人依旧具有不合理性。     

A forensic visual aid: Traces versus knowledge

In this paper, I introduce the Forensic Field Map (FFM) that provides a two-dimensional view on the forensic field. This field is by definition very broad, encompassing a wide range of scientific areas and activities. The forensic work that supports solving criminal cases ranges from recognizing and preserving traces at crime scenes to explaining forensic results as expert witness in court. This goes hand in hand with the development of scientifically based methods and tooling as well as legal, forensic and laboratory procedures. Although the FFM came into being while developing a (visual) framework for digital forensic investigations, the framework turned out to be generically applicable to other forensic disciplines.     

Origin and development of forensic medicine in the Kingdom of Saudi Arabia

The medicolegal death investigation system in the Kingdom of Saudi Arabia (KSA) is unique in the world. It is exclusively derived from Islamic judiciary based on Shari'ah law, which is the definitive Islamic law or doctrine. This law is applied on Saudi citizens as well as foreigners. This is different from other Islamic countries, which have a combination of Islamic and other judiciary systems.The forensic medicine centers in KSA are related administratively to the Ministry of Health (MOH) and its subdivisions in the different governorates. They are concerned with forensic medical examination and autopsy, as well as the clinical forensic medical examination of sexual assault cases, and those injured in civil and criminal cases. The assisting laboratories (forensic histopathology, microbiology, serology, forensic chemistry) are working independently under the funding of MOH, whereas the DNA laboratory and other departments of forensic sciences, for example, counterfeiting and forgery unit are related administratively to the Ministry of Interior represented by the Administration of Criminal Evidences. Efforts concerning crime scene investigations are shared with Administration of Criminal Evidences' crime scene investigators.Forensic medicine education in KSA developed in the past few years after the foundation of Saudi specialty certificate in forensic medicine. The certificate is a postgraduation qualification equivalent to a doctorate degree in forensic medicine and requires completion of a 4-year training program in both MOH- and Ministry of Interior-related departments, as well as passing annual evaluation and examination.This review is aimed at providing in the next decade the medicolegal centers with national forensic specialists throughout the kingdom and granting skillful headships for the next generations. Moreover, this review suggests more scientific associations with the academic universities in the various fields of forensic sciences through academic cooperation.     

完善司法鉴定制度是科学证据时代的呼唤

司法鉴定是现代司法证明活动中查明案件事实的一种重要方法和手段.现代司法鉴定是司法证明方法进步的结果和体现.科学技术的进步使司法证明方法发生了两次重大的转变.以物证及其相关的鉴定结论等证据构成的"科学证据",应该成为司法证明最主要的手段.物证虽然是客观实在的,但其自身不能直接证明案件事实,需要人们的认识.司法鉴定是人们认识物证的途径.司法鉴定水平的提高可以帮助发现更多潜在的证据.科学技术是司法鉴定的生命.科学技术的进步是促进司法鉴定发展的最重要因素.司法鉴定制度改革应与审判体制改革相适应.司法鉴定制度改革应与证据法律制度相协调,既要赋予法官对鉴定结论的自由裁量权,又要对司法鉴定制度进行规范.司法鉴定制度改革应以提供"科学证据"为出发点,需要鉴定人出庭、技术方法标准化和建立行业协会等措施.     

Tasks of research in forensic medicine - different study types in clinical research and forensic medicine

In the last years the research output of forensic medicine has sometimes been regarded as insufficient and as of poor quality, especially when parameters as impact factors and external funding were taken into account. However, forensic medicine has different tasks compared to clinical medicine. The main difference between basic subjects, clinical and forensic medicine is not a lack of scientific efficiency in forensic medicine but is a result of the questions asked, the available methods and specific aims. In contrast to natural-scientific research, forensic science has furthermore important intersections with arts and socio-scientific disciplines. Etiologic and pathogenetic research is of only limited relevance in forensic medicine. Thus, forensic medicine is excluded from these research fields, which are mainly supported by external funding. In forensic medicine research mainly means applied research regarding findings, the probative value and reconstruction as well as examination at different points of intersection between medicine and law. Clinical types of research such as controlled randomised, prospective cross-sectional, cohort or case-control studies can only rarely be applied in forensic medicine due to the area specific research fields (e.g. thantatology, violent death, vitality, traffic medicine, analytical toxicology, hemogenetics and stain analysis). The types of studies which are successfully established in forensic medicine are comparison of methods, sensitivity studies, validation of methods, kinetic examinations etc. Tasks of research in forensic medicine and study types, which may be applied will be addressed.     

中国司法鉴定救助制度的实证研究

我国司法鉴定救助制度运作虽时日不久,但却积累了较为丰富的经验。实践中的典型案例和一些鉴定机构、法律援助部门的统计数据表明：目前规模性的鉴定救助兴起于2006年,并主要发生于民诉领域;同时,司法鉴定救助的对象大多是因交通事故、工伤等引发伤残鉴定的农民或农民工等弱势群体。毋庸置疑,鉴定机构与法律援助部门在推动我国司法鉴定救助方面起了重要作用。鉴定救助的现状是与当前司法鉴定制度改革背景、法律援助的多年经验,以及其它特殊条件共同促动的,虽然存在不少问题,但其探索启示了进一步的发展之路。     

The current status of forensic science laboratory accreditation in Europe

Forensic science is gaining some solid ground in the area of effective crime prevention, especially in the areas where more sophisticated use of available technology is prevalent. All it takes is high-level cooperation among nations that can help them deal with criminality that adopts a cross-border nature more and more. It is apparent that cooperation will not be enough on its own and this development will require a network of qualified forensic laboratories spread over Europe. It is argued in this paper that forensic science laboratories play an important role in the fight against crime. Another, complimentary argument is that forensic science laboratories need to be better involved in the fight against crime. For this to be achieved, a good level of cooperation should be established and maintained. It is also noted that harmonization is required for such cooperation and seeking accreditation according to an internationally acceptable standard, such as ISO/IEC 17025, will eventually bring harmonization as an end result. Because, ISO/IEC 17025 as an international standard, has been a tool that helps forensic science laboratories in the current trend towards accreditation that can be observed not only in Europe, but also in the rest of the world of forensic science. In the introduction part, ISO/IEC 17025 states that "the acceptance of testing and calibration results between countries should be facilitated if laboratories comply with this international standard and if they obtain accreditation from bodies which have entered into mutual recognition agreements with equivalent bodies in other countries using this international standard." Furthermore, it is emphasized that the use of this international standard will assist in the harmonization of standards and procedures. The background of forensic science cooperation in Europe will be explained by using an existing European forensic science network, i.e. ENFSI, in order to understand the current status of forensic science in Europe better. The Council of Europe and the European Union approaches to forensic science will also be discussed by looking at the legal instruments and documents published by these two European organizations. Data collected from 52 European forensic science laboratories will be examined and findings will be evaluated from a quality assurance and accreditation point of view. The need for harmonization and accreditation in forensic science will be emphasized. The steps that should be taken at the European level for increasing and strengthening the role of European forensic science laboratories in the fight against crime will be given as recommendations in the conclusion.     

The future of forensic and crime scene science. Part II. A UK perspective on forensic science education

This paper builds on the views presented by the author at 'The Future of Forensic and Crime Scene Science Conference'. Forensic science has become an increasingly prominent area of science within the last 10 years. This increasing prominence together with popularity in the subject has seen the number of undergraduate students studying forensic science related courses at UK Universities increase rapidly in just 5 years and there are no short term signs of this trend reducing. In 2005, there were 450 courses with forensic in the title offered by higher education institutes. Although the forensic community has expressed its concern that job prospects for these students wishing to pursue careers as forensic scientists will be limited numbers of students undertaking science courses have still increased. The increase in students studying forensic science comes in an era of decreasing science numbers in higher education with the potential to produce high calibre science graduates with sought after skills in critical thinking, analysis, interpretation and communication. Technology has continued to advance at a similar pace providing those responsible for managing crime with a need and opportunity to identify and predict new and future applications of science and technology; not just in reducing and detecting crime but also in predicting how technology will be used by criminals in the future. There is therefore a need for forensic science users, providers and educators to identify the knowledge and skills required by forensic scientists and crime investigators of the future to ensure that technology continues to be used and applied to its full advantage. This provides universities an opportunity to contribute to the development of both the practice and practitioners of forensic science. This paper outlines the current issues facing universities in relation to forensic science and identifies their future role in providing high quality relevant courses for future forensic practitioners; developing current forensic practitioners through their participation in applied research, short courses, conferences and qualifications linked to professional practice; and supporting and developing the practice of forensic and crime scene science, through the identification, engagement and dissemination of pure and applied research.     

侦查机关内设鉴定机构的负面影响与消解

侦查活动的特殊性使其染指于司法鉴定,侦查机关基于侦查工作之必要内设鉴定机构。侦查机关内设的鉴定机构又因侦查的追诉性质在鉴定活动中难以保持中立性,致使侦查机关的鉴定机构的性质与法律的中立性要求出现一些紧张关系,在诉讼中造成了一些负面影响。司法鉴定制度的改革旨在借助司法行政部门对司法鉴定的统一管理来催生侦查机关的鉴定机构和侦查活动相分离,从而保持侦查机关的鉴定机构具有相对的独立性,并通过制度调整后的外在监督力量与程序的制约机制来缓解这一紧张关系,以促进侦查机关的鉴定机构在诉讼中真正发挥发现事实真相的作用。     

影像医学在法医学中的应用

个体识别在法庭科学调查中一直是重要的工作,它包括:性别、身高、年龄的推断等。在法庭科学领域中利用影像医学技术进行个体识别,在准确性、实用性方面有特别的意义。本文目的旨在通过广泛系统地回顾国内外法庭科学中的影像学应用,了解现有医学影像技术在法庭科学应用中的优点和不足之处,为进一步完善医学影像学在法庭科学中的应用提供参考。     

The forensic examination of structural fires in Victoria,Australia: Decision-making processes and impact on judicial outcomes

There is a body of published research that has evaluated the contribution of forensic science to the criminal justice system, but many disciplines of forensic science remain unexplored in this regard. The aim of this study was to examine the contribution that forensic fire examination services provide to criminal investigations and court processes in arson cases. Forensic fire examination services differ in a number of ways to the disciplines covered in previous research on the impact of forensic evidence on justice outcomes. Forensic fire examinations involve a combination of scene examination and laboratory analyses, and the results can provide critical evidence of whether an incident that has occurred is a criminal offence (i.e. whether a fire has occurred as the result of an act of arson). Forensic fire examination is also a discipline that has faced challenges and undergone development in recent decades regarding its scientific basis and the issue of contextual bias. In this study, data were collated for 273 structural fires that were examined by the forensic fire services in Victoria, Australia. In this jurisdiction, scene and laboratory forensic services are delivered within short time frames with a focus on providing impartial scientific and investigative services to assist criminal investigations conducted by police. The current dataset was highly skewed in terms of criminal justice outcomes and was not suitable for conducting the planned statistical analyses. Nonetheless, the pattern of findings obtained suggested that the inclusion of forensic evidence which supported the prosecution of arson may be associated with an increased likelihood of suspects being charged and defendants found guilty. Examination of the decision-making process of the forensic fire examiners has provided insight into the variety of evidence that is considered by forensic experts in reaching the important conclusion about the origin and cause of structural fires.     

Forensic psychiatry: a subspecialty. The presidential address at the nineteenth annual meeting of the American Academy of Psychiatry and the Law

The implications of the definition of forensic psychiatry are explored, with particular reference to the field as a subspecialty of general psychiatry. The allegation of undue moral uncertainty in forensic psychiatry is denied and the moral issues are revealed to be related to the status of the underlying philosophical disputes. An outline for the organization of the forensic psychiatric assessment is presented. The charge that forensic psychiatry is not as "hard" a science as the other forensic sciences is denied. The administrative and political organizational problems facing the subspecialty are explored. The practitioners in the field are encouraged to recognize that forensic psychiatry is a subspecialty and to work for official subspecialty status. Cautious predictions about the future of the field are provided.     

Creating a State‐Academic Partnership to Advance a Forensic Teaching Service: Benefits and Barriers

In Washington State, like many states, there is a shortage of forensically trained mental health clinicians to work with criminal justice‐involved individuals. At the direction of the state legislature, a collaborative project was undertaken by the University of Washington, the state Department of Social and Health Services, and a state psychiatric hospital to develop a proposal for a jointly sponsored forensic teaching service. The authors reviewed the literature, surveyed and interviewed forensic psychiatry and psychology training directors, and conducted site visits of selected training programs that offer multidisciplinary training or have affiliations with state hospitals. The authors conducted focus groups of additional stakeholders, including clinicians and patients in forensic settings, to better understand the needs in Washington. The authors report on several common benefits and barriers to establishing forensic teaching services. Other states and forensic programs may find this article useful in identifying common considerations for forensic mental health teaching services.     

DBT in an outpatient forensic setting

Literature shows that effective treatment of borderline personality disorder (BPD) has become possible. However, borderline patients in forensic psychiatry do not seem to benefit from this development. In forensic psychiatry, prevention of criminal recidivism is the main focus of treatment, not core borderline problems like parasuicidal and self-destructive behavior. A dialectical behavioral treatment program for BPD was implemented in an outpatient forensic clinic in The Netherlands. Sociodemographic, clinical, and treatment data were collected from ten male, and nineteen female forensic BPD patients, and compared with corresponding data from fifty-eight non-forensic BPD patients. The results show that it is possible to implement dialectical behavior therapy in an outpatient forensic clinic. The data indicate that the exclusion of forensic patients, and especially female forensic patients, from evidence-based treatment is unjustified given the highly comparable clinical and etiological characteristics they share with female BPD patients from general mental health settings.     

Turf wars: authority and responsibility for the investigation of mass graves

Mass graves are complex products of large-scale crimes. Such scenes pose four conceptual challenges to investigators and forensic experts: the individual victim, the crime, the setting, and the statistical. Exhumation and post-mortem examination of mortal remains with associated personal and forensic evidence require integrated management of core forensic personnel including investigators, archaeologists, anthropologists, odontologists and pathologists, among whom there is overlapping expertise. The key to avoiding competition and ill-will among experts is to recognize that all such experts should be enabled to make known how their expertise matches with the temporal and spatial boundaries of victim, crime and setting. In turn, they should be apprised of where they fit into the overall judicial process and their limits within the investigation. Consequently, each expert requires access to the factual background of the case, to the site and its contents throughout the investigation. Each forensic team member has a responsibility to influence the investigation--throughout its course when possible--to make findings within their areas of expertise, and to make these available to the rest of the team so as to contribute most meaningfully to the aims of the investigation, both forensic and humanitarian. The on-site crime scene manager has an overarching role to enable integrated access to the complete scene and its contents by each forensic expert team member. In other words, the forensic scientist is given access and the ability to influence the investigation while control of evidence from the site as to identity and criminal activity are maintained by the crime scene manager. This contribution is directed at both the crime scene manager and each forensic expert; it describes the essential spatial and temporal parameters of an expert's opinion so as to encourage cooperation, and discourage conflict, within the forensic team.     

论司法鉴定机构的公益性建设

从属性上分析。司法鉴定应当是政府着力提供的一种公共服务,具有公益属性,作为司法鉴定依托的司法鉴定机构应该以公益性建设为主导的价值方向。为侦查服务的侦查机关内设鉴定机构具有天然的公益性,但实践中出现的一系列问题也使其公益性出现偏位．从而引起人们对其公益性的质疑。在全国人大常委会《关于司法鉴定管理问题的决定》指引下的司法鉴定机构建设过程中,应该避免社会司法鉴定机构走向市场化的竞争域,从而保障鉴定意见这一法定证据的公正性、客观性和中立性。从现行鉴定体制出发,以建设国立司法鉴定机构为向导,使司法鉴定机构走向公益性的良性发展道路．是所要探讨的一个核心问题。国家级司法鉴定机构的公布,标志着我国司法鉴定机构公益性建设的开端．以此为契机,应认真思考公益性建设的进路。     

论我国司法鉴定管理权部门间配置新模式

目前,我国司法鉴定管理权在相关部门之间的配置体现为由司法行政部门统一行使＂形式＂管理权、其他部门在各自范围内行使＂实质＂管理权的＂两层皮＂局面。在探讨司法鉴定管理权部门间配置的过程、方式和结局的基础上,提出我国司法鉴定管理权的配置新模式：参照反垄断权的设置模式,整合司法鉴定相关管理部门的职能和职权,设立直属于全国人大常委会的位于各管理部门之上的司法鉴定委员会,统一宏观行使司法鉴定管理权、协调各管理部门关系、起草司法鉴定法、制定各类司法鉴定标准、完善司法鉴定制度,进而实现司法鉴定管理权由＂分权＂到＂集权＂,实现司法鉴定统一管理之目标。