智能型物证管理系统的应用

加强物证保管工作,是推进执法规范化建设的迫切需要,是适应法制建设的迫切需要,是提高我国公安机关执法办案质量的迫切需求。本文针对当前国内刑事科学技术工作中物证保管存在的问题,研究并建立了智能型物证管理系统,对加强新时期刑事科学技术工作具有指导意义。     

拉曼光谱技术在物证鉴定中的应用

拉曼光谱技术具有不接触样品、不破坏样品、无需样品制备等优点,适用于法庭科学领域不同种类物证的分析.本文综述了拉曼光谱技术在物证鉴定中的应用,并对该技术的发展趋势进行了展望.     

Performance testing of commercial containers for collection and storage of fire debris evidence

Fire debris evidence may contain ignitable liquid residues valuable in the investigation of a potential arson scene. The ability to obtain evidence containers that are contaminant-free and vapor-tight is essential to the analysis and storage of fire debris evidence. Commercial containers such as metal "paint" cans, glass mason jars, and polymer bags are often employed as fire debris evidence containers. The purpose of this research was to determine which of these three types of containers provided the most vapor-tight seal for the prevention of ignitable liquid vapor loss and to assess the potential for cross-contamination. Leak rates for each type of container were measured under controlled conditions. Simple mixtures of hydrocarbons were utilized in these experiments. Leak rates were determined based on the amounts of hydrocarbon recovered from activated charcoal located outside the test container and within a secondary container. Quantitation of the hydrocarbons recovered from activated charcoal was calculated using external standard calibration curves following analysis by gas chromatography-mass spectrometry. The results demonstrated that glass jars had the fastest leak rate followed by metal paint cans and properly heat-sealed polymer bags with the slowest leak rate. Each container exhibited a different leak mechanism, which resulted in an observable effect on the composition of hydrocarbons lost from the container. Hydrocarbon transfer from one container to another is also demonstrated. This study presents results that reveal the most vapor-tight container to be a properly heat-sealed copolymer bag.     

Understanding juror perceptions of forensic evidence: investigating the impact of case context on perceptions of forensic evidence strength

The most widely accepted model of juror decision making acknowledges the importance of both the case-specific information presented in the courtroom, as well as the prior general knowledge and beliefs held by each juror. The studies presented in this paper investigated whether mock jurors could differentiate between evidence of varying strengths in the absence of case information and then followed on to determine the influence that case context (and therefore the story model) has on judgments made about the strength of forensic DNA evidence. The results illustrated that mock jurors correctly identified various strengths of evidence when it was not presented with case information; however, the perceived strength of evidence was significantly inflated when presented in the context of a criminal case, particularly when the evidence was of a weak or ambiguous standard. These findings are discussed in relation to the story model, and the potential implications for real juries.     

拘役执法证据问题之探析

近几年,针对拘役执法机构的诉讼和信访案件屡有发生,造成极为负面的社会影响。在当前形势下,无论是从提高教育矫治质量,还是有效控制和化解执法风险上讲,拘役执法机构应当强化证据意识,规范证据体系,严格证据审查与保全。     

Single cells for forensic DNA analysis--from evidence material to test tube

Abstract: The purpose of this project was to develop a method that, while providing morphological quality control, allows single cells to be obtained from the surfaces of various evidence materials and be made available for DNA analysis in cases where only small amounts of cell material are present or where only mixed traces are found. With the SteREO Lumar.V12 stereomicroscope and UV unit from Zeiss, it was possible to detect and assess single epithelial cells on the surfaces of various objects (e.g., glass, plastic, metal). A digitally operated micromanipulator developed by aura optik was used to lift a single cell from the surface of evidence material and to transfer it to a conventional PCR tube or to an AmpliGrid^® from Advalytix. The actual lifting of the cells was performed with microglobes that acted as carriers. The microglobes were held with microtweezers and were transferred to the DNA analysis receptacles along with the adhering cells. In a next step, the PCR can be carried out in this receptacle without removing the microglobe. Our method allows a single cell to be isolated directly from evidence material and be made available for forensic DNA analysis.     

Forensic identification science evidence since Daubert: Part II--judicial reasoning in decisions to exclude forensic identification evidence on grounds of reliability

Many studies regarding the legal status of forensic science have relied on the U.S. Supreme Court's mandate in Daubert v. Merrell Dow Pharmaceuticals Inc., and its progeny in order to make subsequent recommendations or rebuttals. This paper focuses on a more pragmatic approach to analyzing forensic science's immediate deficiencies by considering a qualitative analysis of actual judicial reasoning where forensic identification evidence has been excluded on reliability grounds since the Daubert precedent. Reliance on general acceptance is becoming insufficient as proof of the admissibility of forensic evidence. The citation of unfounded statistics, error rates and certainties, a failure to document the analytical process or follow standardized procedures, and the existence of observe bias represent some of the concerns that have lead to the exclusion or limitation of forensic identification evidence. Analysis of these reasons may serve to refocus forensic practitioners' testimony, resources, and research toward rectifying shortfalls in these areas.     

美国法庭科学证据的应用与发展

＂法庭科学＂萌芽于古代中国,兴盛于近现代西方国家,最终发展成为具备完整科学体系的现代意义上的法庭科学学科。法庭科学证据的应用与发展显然与法庭科学的发展与应用密切相关,它们相互制约,相互促进。美国司法制度中关于法庭科学证据的证明力、可信度、可采性的分立质疑对法庭科学本身的发展无疑起到鞭策与促进作用。美国法庭科学证据的司法制度以及常用的一些传统与高技术法庭科学证据的使用过程中存在的许多问题,理解法庭科学证据标准,对我国法庭科学及其证据的研究与应用有所启迪。     

证据法的法域范围

法庭科学家和证据法学者所处的是两个不同的世界,就像英国和美国一样,由一种共通的语言划分开来。虽然在一些重要方面彼此关联,但法庭科学和证据法学作为两个独立的学科,有着各自独特的构造和演进,关注不同的问题并运用各具特色的认识论。因此,这两个学科之间存在着自说自话的重大风险。该风险的迹象体现在了法庭科学家与证据法学者之间时常沟通不畅。“证据法”的概念对于法庭科学和证据法学而言均至关重要,且在这两个学科中均被高频地运用。本文通过聚焦“证据法的法域范围”之基础概念讨论,希望造成该学科间冲突的个别成因能够明朗化,并诚挚地期盼这样做能有利于法庭科学与证据法学学科之间更有效地交流。     

高速瞬间摄影在物证检验中的应用实验

目的采用声、光、电瞬间感应触发的高速闪光成像装置,以普通数码相机拍摄物证瞬间变化形态,提高物证检验的有效性、客观性;方法研制专用摄影装置,包括触发装置、延时器和超高速闪光灯等组件。进行物证瞬间状态摄影实验,研究运动物体瞬间形态的拍照技术方法;结果本实验装置原理简单、有效。最高记录瞬间成像速度小于0.5μm。可以用于常规物证瞬间变化的成像摄影记录。     

从CTS能力验证计划看纤维物证检验的发展趋势

本文通过对2006年以来CTS法庭科学领域纤维测试项目结果的分析,总结了国内外纤维物证检验的技术方法,并对纤维物证检验的发展趋势进行了展望。     

Forensic identification science evidence since Daubert: Part I--A quantitative analysis of the exclusion of forensic identification science evidence

The U.S. Supreme Court decisions in Daubert v. Merrell Dow Pharmaceuticals Inc. and Kumho Tire Co. Ltd. v. Carmichael transformed the way scientific expert evidence was reviewed in courts across the United States. To gauge the impact of these rulings on the admission of forensic identification evidence, the authors analyzed 548 judicial opinions from cases where admission of such evidence was challenged. Eighty-one cases (15%) involved exclusion or limitation of identification evidence, with 50 (65.7%) of these failing to meet the "reliability" threshold. This was largely because of a failure to demonstrate a sufficient scientific foundation for either the technique (27 cases) or the expert's conclusions (17 cases). The incidence of exclusion/limitation because of a lack of demonstrable reliability suggests that there is a continuing need for the forensic sciences to pursue research validating their underlying theories and techniques of identification to ensure their continued acceptance by the courts.     

Two items of evidence, no putative source: an inference problem in forensic intelligence

Intelligence analysts commonly associate cases on the basis of similarities found in compared characteristics of scientific evidence. The present paper studies some of the inferential difficulties associated with such operations. An analysis is proposed that breaks down the reasoning process into inference to common source, and inference to case linkage. The former requires an approach to the difficulty associated with evaluating the similarities of items of evidence from different cases with no putative source being available. The latter requires consideration to be given to the relevance of evidence. Throughout the paper, probability theory is used to describe the nature of the proposed inferences. Graphical models are also introduced with the aim of providing further insight into the dependence and independence relationships assumed to hold among the various propositions considered. Notions from decision theory are used to discuss ways in which intelligence analysts may assist investigators in deciding whether or not cases should be considered as linked.     

They Sell Skulls Online?! A Review of Internet Sales of Human Skulls on eBay and the Laws in Place to Restrict Sales

Internet sales of human remains occur despite the existence of laws prohibiting such action in most jurisdictions. The most popular public platform for online sales, eBay, allows users to postskeletal material for sale, largely anonymously and without much fear of legal repercussions. This survey of skeletal sales was conducted 10 years after the first article published about online human remains sales. A review of current laws reveals that, while many states have laws that restrict any sale of human remains, those laws have questionable deterrent effect. Assessing the skeletal material posted for sale provides law enforcement agencies with a necessary starting point to curtail the sale of human remains through enforcement of existing laws. Ultimately, the goal is to stem the commodification of such items and to recover skeletal material, especially that which may be of archaeological or forensic significance, and provide the proper final disposition for such material.     

电子证据固定应急解决办法

电子证据固定是电子数据司法鉴定工作的开始,同时也是后续所有鉴定工作的基础,因此,电子证据固定工作是否科学、规范、合法、完整,将直接影响整个司法鉴定工作的结论。本文阐述在电子证据固定工作中,如何使用专用设备和软件对电子介质进行证据固定,以及在缺少专用设备的情况下的应急解决办法。     

Weakening forensic science in Spain: from expert evidence to documentary evidence

An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight, and purity of seized drugs. In most cases, experts are spared from appearance before the courts. This is likely to be extended to other forensic fields. After an overview of criminalistic identification in current forensic science, the objectivity and reliability concepts used by jurists and scientists are considered by comparing the paradigm of individualization with that of likelihood. Subsequently, a detailed critical study is made on the above-mentioned Spanish legal reform, and a comparison is made with the decision on the Melendez-Diaz v. Massachusetts case as ruled by the Supreme Court of the United States. Although the reform is in compliance with the Spanish Constitution, it is at odds with science, in particular regarding the logic underpinning the scientific evaluation of evidence.     

从证据学角度探讨法医学及其分支学科的重新定义

从证据学角度,对法医学及其分支学科进行了重新定义和划分。同时,为了从人文科学和自然科学两个方面理顺法医学的学科定位,尝试澄清了＂证据科学＂与＂法（庭）科学＂、＂应用医学＂与＂特种医学＂等相关上下位学科和平行学科的概念。     

The Identification of a Human Skull Recovered from an eBay Sale

Abstract:  A human skull seized by the State of Louisiana from an eBay sale is analyzed. Bioarchaeological analyses of age-at-death, sex, and population affinity suggest the individual represented by the skull was a middle-aged Native American female. The presence of intentional cranial modification independently supports the population affinity assessment while confounding the metric analyses. However, no further specificity as to population affinity could be inferred using existing methods and comparative databases. Sedimentological and palynological analyses were attempted to redress this impasse. The presence of fine-grained charcoal, abundant fungal remains, and small angular quartz grains suggestive of burial in loess, as well as the lack of pollen, pteridophyte spores, and microscopic algae, suggest a likely upland burial location from somewhere in the lower Mississippi Valley. The sedimentological and palynological analyses, while not conclusive, show promise for use in future affiliation analyses of human remains recovered during the course of forensic investigations. The results are reviewed within the broader context of the legal debate over the repatriation of human remains.