The Recovery of Latent Fingermarks from Evidence Exposed to Ionizing Radiation*

Abstract: Continual reports of illicit trafficking incidents involving radioactive materials have prompted authorities to consider the likelihood of forensic evidence being exposed to radiation. In this study, we investigated the ability to recover latent fingermark evidence from a variety of substrates that were exposed to ionizing radiation. Fingermarks deposited on common surfaces, including aluminum, glass, office paper, and plastic, were exposed to doses ranging from 1 to 1000 kGy, in an effort to simulate realistic situations where evidence is exposed to significant doses of radiation from sources used in a criminal act. The fingermarks were processed using routine fingermark detection techniques. With the exception of glass and aluminum substrates, radiolysis had a considerable effect on the quality of the developed fingermarks. The damage to ridge characteristics can, in part, be attributed to chemical interactions between the substrate and the components of the fingermark secretions that react with the detection reagents.     

Individual identification from semen by the deoxyribonucleic acid (DNA) fingerprint technique

For individual identification from semen, the deoxyribonucleic acid (DNA) fingerprint technique was used. In a blind trial, we succeeded in determining the semen donors among several volunteers comparing the DNA fingerprints of the blood and semen samples, respectively. Thereafter, we examined semen in a condom left beside a naked female dead body. The DNA fingerprint of the semen was recognized to be identical to that of the blood from a suspected man arrested later. This is the first report that the DNA fingerprint technique was practically used in a criminal investigation in Japan.     

证据移送制度研究——兼驳起诉书一本主义

对我国证据移送制度的认识及改革,不仅是诉讼法学领域的问题,还必须结合我国现行法律文化及证据移送制度之运作实践。我国的诉讼法律制度和法律文化,决定我们不适合采用起诉书一本主义,而是应该立足现行刑事诉讼法,对证据移送制度进行修改、完善。     

The recovery of fibres from non-textile items using a static charge

This study investigated a new method of fibre recovery from non-textile items using polystyrene rods which have a static charge. A range of natural and man-made fibres were used on a number of substrates, including weapons, paper and plastic bags. The average recovery rate from all substrates was 99.1%. The effect of humidity on fibre recovery was also studied and it was found to reduce the ability of the rods to recover fibres. However this is unlikely to be an issue if recovery takes place in a forensic laboratory. It was concluded that the rods would prove a beneficial addition to the forensic laboratory as a relatively quick method of fibre recovery from non textile items where the standard method of recovery using tape lifts cannot be used.     

Transferrin (TF) typing from semen stains using isoelectric focusing and immunoblotting: correlation of TF types among blood, semen, urine, and vaginal secretion.

We describe a method for obtaining nondistorted and reproducible transferrin (TF) typing from liquid semen and semen stains. Isoelectric focusing of TF isoproteins on polyacrylamide gel (IEF-PAGE, pH 4 to 6.5) was accomplished using a 0.5 mm thick gel. The separated isoproteins were then visualized by immunoblotting with TF-specific antibody. Pretreatment of semen samples with neuraminidase enhanced the TF band resolution. The method was reliable, sensitive and simple, with a high resolution. When maintained at room temperature, laboratory-prepared semen stains were TF-typable for up to at least 50 weeks. The TF types in semen stains were correlated with the types found in the corresponding blood and urine samples. TF typing could therefore provide an additional discriminant characteristic in the forensic examination of semen stains. An evaluation of TF typing by IEF-PAGE and immunoblotting was also performed on casework samples submitted to our laboratory.     

Sampling and recovery of ignitable liquid residues (ILRs) from fire debris using capillary microextraction of volatiles (CMV) for on-site analysis

A new, fast, and ultra-sensitive headspace sampling method using the Capillary Microextraction of Volatiles (CMV) device is demonstrated for the analysis of ignitable liquid residues (ILRs) in fire debris. This headspace sampling method involves the use of a heated can (60°C) to aid in the recovery of volatile organic compounds (VOCs) from medium and heavy petroleum distillates. Our group has previously reported the utility of CMV to extract gasoline at ambient temperature in less than 5 min in the field. This work evaluates the recovery and analysis of low mass loadings (tens of ng) of VOCs from charcoal lighter fluid, kerosene, and diesel fuel. Nonane, decane, undecane, tridecane, tetradecane, and pentadecane were selected for evaluation of recovery to represent these ILR classes. The face-down heated can headspace sampling technique was compared to the previously reported, non-heated, paper cup headspace sampling technique. Mass recovery improvements of 50%–200% for five of the six target compounds in diesel fuel were achieved compared to the non-heated sampling method. The average relative standard deviation (reported as % RSD) between the replicate trials decreased from an average of 28% to 6% when using the heated can method. Ignitable liquids were spiked onto burned debris in a live burn exercise and sampled using the heated can and paper cup headspace sampling techniques. The heated sampling technique reported here, for the first time, demonstrates an effective extraction method that when coupled to a portable GC–MS instrument allows for a sampling and analysis protocol in the field in less than 30 min.     

Efficiency of DNA IQ System in recovering semen DNA from cotton swabs

With the aim to asses the efficiency of the DNA IQ System in the recovery of DNA from semen samples, cotton swabs were prepared from 1/5 serial dilutions of semen. Each swab was fractionated in four equivalent quarters and the DNA was further extracted following the differential lysis protocol. The recovered DNA was quantified by means of real time PCR and the average DNA yield was used to compare results. Direct extractions of equivalent aliquots of each semen dilution were used as reference samples. Even though a high percentage of the starting material was lost during the process of transfer to/recover from the solid support, our experimental results demonstrated that the DNA IQ system was able to detect around 10³ sperm cells in the starting material, enabling to obtain a complete DNA profile with AmpFl STR IdentiFiler PCR Amplification Kit (Applied Biosystems).     

数字证据法律制度

从计算机的出现、互联网使用到数字化生存 ,技术的进步在改变我们生活状态的同时也成为我们生存方式的一部分。对于如此重大的社会变化 ,法律制度因此也需要有相应的调整。本文以技术进步与司法实践的关系为基点 ,讨论与数字证据有关的证据法律制度。　　 一、技术进步与法律制度法律制度的发生、变化和分野 ,不能完全用法律制度自身的逻辑变化来解释。对社会进步有重大影响的技术的普及 ,推动着法律运行的变革 ,甚至会推动一套全新的制度产生。随着互联网的出现 ,数字证据现在已经被许多国家接受为法律证据的一种形式 ,关于数字证据的一套…     

The recovery of latent text from thermal paper using a simple iodine treatment procedure

Faded, or actively removed text on thermally printed paper samples may be enhanced and retrieved through the use of a simple iodine fuming procedure. The recovery of printed documentation evidence in this fashion is neither affected by prior fingerprint enhancement techniques (such as ninhydrin or DFO), nor by sample age. This method allows, for the first time, evidence to be obtained from completely faded thermal paper samples (receipts, for example) as well as allowing deliberately removed printed text (a consequence of solvent washing pre-treatment in latent fingerprint enhancement procedures) to be recovered.     

对证据法定形式体例的几点构想

证人资格,乃是证据法学中关于证人证言的一个基础理论问题。由于我国理论界及实务界对此认识存有歧异,故有必要进行辨析与探究。本文在对证人资格重新界定的基础上,提出证人资格的新标准,并澄清有关证人资格的若干重要问题,以期为完善证人资格的立法提供参照。     

Optimization of recovery of human DNA from envelope flaps using DNA IQ™ System for STR genotyping

An optimized protocol based on the DNA IQ™ System has been tested for the extraction of DNA from envelope flaps. DNA is extracted directly without the need for opening and swabbing the flaps. The method is repeatable with <10% R.S.D. (relative standard deviation). The results of a systematic study show that it is an equilibrium extraction, and a small sample volume as well as high lysis buffer content in sample contribute to high extraction efficiency. The extracted DNA requires no further purification steps following its extraction with the DNA IQ™ System. Complete but skewed 15-locus short tandem repeat (STR) profiles, which is typical of degraded of DNA, have been generated from the DNA extracted from 6 to 9 years old casework envelope samples.     

刑事证据视野中的盘查记录

盘查记录有《当场盘问、检查笔录》和《挡获经过(说明)》两种形式,它们在制作主体、形成时间空间、证明内容等方面具有不同特点,之所以如此,源于不同的警务机制。盘查记录的诉讼证据资格不应有任何疑问,这是因为在违法—犯罪二元追诉机制下,刑事立案前的查缉活动由负责日常警务的警察依法进行,由此获得的证据必然具有合法性。在证明作用方面,盘查记录因其证明内容的综合性、直接性和不可替代性,从而具备了很强的诉讼推进能力。从立法完善角度,应当统一盘查记录的形式,规范其制作方式和记载内容,明确盘查记录的诉讼证据地位。     

DNA profiling of azoospermic semen samples from vasectomized males by using Y-PLEX 6 amplification kit

Post-vasectomized azoospermic semen samples (N = 6) were analyzed for short tandem repeats (STR) on the Y-chromosome by using Y-PLEX 6 and the 310 Genetic Analyzer. We have observed a wide variation in the yield of extracted DNA from 12.5-1,000 ng. This variation was attributed to the number of epithelial and/or white blood cells that are present in these azoospermic samples. DNA profiles of these vasectomized males were obtained for all six Y-STR loci, namely DYS393, DYS 19, DYS389II, DYS390, DYS391, and DYS385 amplified by using the Y-PLEX 6.     

民事诉讼法证据制度对海关行政处罚证据制度的借鉴

民事诉讼与行政处罚在认识过程与结构上有许多相似之处,这也决定了二者在具体制度设计上的相互借鉴。海关行政处罚的现有证据制度在很大程度上也是借鉴了原来民事诉讼法中证据的相关规定。2012年修订的民事诉讼法对于证据制度作了很多修改,尤其是强化了当事人举证的责任,使得民事诉讼向当事人主义更进一步。本文结合民事诉讼法修订的内容以及民事诉讼中原有相关证据规则,对海关行政处罚现有证据制度不足与潜在风险进行了分析,提出应借鉴民事诉讼证据制度修订的内容修改原海关行政处罚证据制度。     

Crime Clearance and Temporal Variation in Police Investigative Workload: Evidence from National Incident-Based Reporting System (NIBRS) Data

Objectives

Police workload’s relationship with crime clearance has been studied widely. In the challenging environment now facing police, even small and possibly temporary changes in investigative workload could harm clearance. However existing workload-clearance research either used only a yearly average that obscures temporal variability in caseload, or explored proxy rather than direct measures of workload’s short-term variation. Our improved workload measures capture caseload’s daily changes as crimes are reported, cleared, or remain uncleared but reach the end of active investigation. We examine relationships between clearance and both long- and short-term variability in workload.

Methods

Using NIBRS and LEMAS data, we calculated between-agency (typical or long-term) and time-varying, within-agency (daily fluctuating or short-term) workload measures. We used these and other agency/jurisdiction- and incident-level variables in multi-level survival analysis of clearance by arrest for serious violent incidents from 2007 NIBRS.

Results

Both workload measures were significantly and negatively related to the clearance hazard rate; higher long- and short-term workloads are associated with reduced chance of a case being cleared. The estimated relationship between longterm workload and clearance became progressively stronger (more negative) as the crime incident’s legal seriousness decreased. However, estimates indicated greater sensitivity of the clearance hazard to short-term workload fluctuations for more serious crimes, though the workload-clearance relationship remained negative for all crime types.

Conclusion

Crime clearance should be considered by police agency planners when addressing workload through staffing decisions. Refinement of our workload measures will require additional information, and should be considered in future agency- and incident-level data collection.

     

Criminals and the Price System: Evidence from Czech Metal Thieves

Objectives

This paper tests the economic theory of criminal behavior. Specifically, it looks at “the carrot” side of the theory, studying how thieves react to changes in monetary gains from crime.

Methods

Using a unique crime-level dataset on metal theft in the Czech Republic, we study thieves’ behavior in a simple regression framework. We argue that variation in metal prices represents a quasi-experimental variation in gains from crime. It is because (1) people steal copper and other nonferrous metals only to sell them to scrapyard and (2) prices at scrapyards are set by the world market. This facilitates causal interpretation of our regression estimates.

Results

We find that a 1% increase (decrease) in the re-sale price causes metal thefts to increase (decrease) by 1–1.5%. We show that the relationship between prices and thefts is very robust. Moreover, we find that thieves’ responses to price shocks are rapid and consistent.

Conclusion

Our results are in line with the economic model of crime, wherein criminal behavior is modeled as a rational agent’s decision driven by the costs and benefits of undertaking criminal activities. Our estimates are also consistent with recent results from the United Kingdom, suggesting these patterns are more general.

     

The detection of gamma globulin and Inv-factors in semen and saliva and of haptoglobins in semen (author's transl)]

Gm- 1-, 2-, and Inv 1-factors can be demonstrated in semen and saliva. For the examination of traces it is necessary to verify the suitable dilutions for the different charges of antisera and to test the eluates of the samples if they have a sufficient concentration. We observed some incorrect negative results in seminal and saliva stains which were apparently caused by insufficient material. The demonstration was independent of the secretor type. Haptoglobin could not be determined in semen and saliva.     

我国贿赂犯罪证据制度面临的困境和对策

贿赂犯罪作为一种隐蔽性极高的刑事案件,其证据特征与普通犯罪相比存在很大的特殊性,2013年修订《刑事诉讼法》后,贿赂案件在查证上面临的困境并没有得到根本的改善,贿赂犯罪的惩治效果仍然不佳。在我国加大反腐败力度的当下,应当在刑事证据制度改革中对贿赂案件分而治之,通过完善贿赂案件的强制措施、确定贿赂犯罪的证明标准,并构筑次生证据体系、增设推定制度,以及确立庭审的直接言词原则和侦诉协商法律化等措施来解决这个问题。