Forensic identification of a rapist using unusual evidence.

This case report demonstrates a rape case, where no semen, hair, or fingerprints were left by the perpetrator at the crime scene, but rather uncharacteristic biological and physical evidence in the form of a lollipop and a pair of glasses. Three separate forensic laboratories collaborated using conventional forensic methods of PCR DNA typing, photography, and toolmark comparisons to provide investigators with scientific evidence which in turn was instrumental in bringing a violent criminal to justice. The importance of evaluating each item of evidence and realizing its forensic value is stressed in this case report.     

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.     

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.     

浮肩损伤的法医学鉴定15例分析

目的探讨浮肩损伤(floatingshoulderinjury,FSI)的法医学鉴定。方法回顾性分析1993年1月至2006年1月受理的FSI法医鉴定案件15例,其中肩胛颈骨折15例(首次X线漏诊7例),合并同侧锁骨干骨折13例,锁骨远端骨折2例。均于受伤后至少6个月进行法医学检查,全部进行X线拍片,必要时行CT三维重建及MRI检查,结合伤者的症状、体征及关节功能的检查情况,从肩关节活动范围、疼痛程度、局部肌力等几个方面综合评价其功能。结果参照Herscovici的疗效标准:良2例(13%)、可4例(27%)、差9例(60%)。依据GA35-92,GB18667-2002标准,评定为6级2例,7级9例,8级2例,9级1例,10级1例。结论FSI是一种高能量的特殊损伤,合并伤及多发伤发生率高,早期易被掩盖,导致漏诊、误诊、延误治疗。法医鉴定时应充分认识FSI的特殊性,全面客观分析,综合评价肩部功能,防止误鉴及漏鉴。     

医疗纠纷的法医临床学鉴定

目的：剖析医疗纠纷产生的原因;介绍法医介入鉴定的法律依据,法医学鉴定的特点,赔偿的方法,存在的问题等;在最终减少案件发生的前提下,妥善地处理此类诉讼案件。方法：对46例医疗纠纷案件进行回顾性研究,将其按案件的性质、涉及的器官、引起的后果等归类。分析。结果：80％的案例其医疗行为与最终的不良后果之间存在着因果关系,原因包括手术医师对手术区域局部解剖结构分辨不清等技术性因素以及医护人员粗心大意、责任心不强等责任性因素;20％无因果关系。结论：临床医师应与其他行业一样为其所实施的医疗行为承担一定的法律责任。医疗纠纷作为一种特殊的民事侵权行为,在进行民事诉讼赔偿时,法医有必要对其中的因果关系进行评定,以保护双方当事人的合法权益。     

Forensic discovery auditing of digital evidence containers

Current digital forensics methods capture, preserve, and analyze digital evidence in general-purpose electronic containers (typically, plain files) with no dedicated support to help establish that the evidence has been properly handled. Auditing of a digital investigation, from identification and seizure of evidence through duplication and investigation is, essentially, ad hoc, recorded in separate log files or in an investigator's case notebook. Auditing performed in this fashion is bound to be incomplete, because different tools provide widely disparate amounts of auditing information – including none at all – and there is ample room for human error. The latter is a particularly pressing concern given the fast growth of the size of forensic targets.Recently, there has been a serious community effort to develop an open standard for specialized digital evidence containers (DECs). A DEC differs from a general purpose container in that, in addition to the actual evidence, it bundles arbitrary metadata associated with it, such as logs and notes, and provides the basic means to detect evidence-tampering through digital signatures. Current approaches consist of defining a container format and providing a specialized library that can be used to manipulate it. While a big step in the right direction, this approach has some non-trivial shortcomings – it requires the retooling of existing forensic software and, thereby, limits the number of tools available to the investigator. More importantly, however, it does not provide a complete solution since it only records snapshots of the state of the DEC without being able to provide a trusted log of all data operations actually performed on the evidence. Without a trusted log the question of whether a tool worked exactly as advertised cannot be answered with certainty, which opens the door to challenges (both legitimate and frivolous) of the results.In this paper, we propose a complementary mechanism, called the Forensic Discovery Auditing Module (FDAM), aimed at closing this loophole in the discovery process. FDAM can be thought of as a ‘clean-room’ environment for the manipulation of digital evidence, where evidence from containers is placed for controlled manipulation. It functions as an operating system component, which monitors and logs all access to the evidence and enforces policy restrictions. This allows the immediate, safe, and verifiable use of any tool deemed necessary by the examiner. In addition, the module can provide transparent support for multiple DEC formats, thereby greatly simplifying the adoption of open standards.     

Forensic human image identification using medical indicators

Diseases not only bring troubles to people’s body functions and mind but also influence the appearances and behaviours of human beings. Similarly, we can analyse the diseases from people’s appearances and behaviours and use the personal medical history for human identification. In this article, medical indicators presented in abnormal changes of human appearances and behaviours caused by physiological or psychological diseases were introduced, and were applied in the field of forensic identification of human images, which we called medical forensic identification of human images (mFIHI). The proposed method analysed the people’s medical signs by studying the appearance and behaviour characteristics depicted in images or videos, and made a comparative examination between the medical indicators of the questioned human images and the corresponding signs or medical history of suspects. Through a conformity and difference analysis on medical indicators and their indicated diseases, it would provide an important information for human identification from images or videos. A case study was carried out to demonstrate and verify the feasibility of the proposed method of mFIHI, and our results showed that it would be important contents and angles for forensic expert manual examination in forensic human image identification.     

Forensic DNA evidence and the death penalty in the Philippines

The death penalty remains a contentious issue even though it has been abolished in countries such as Australia, New Zealand, Canada, European Union member nations and some Asian countries such as Cambodia, East Timor and Nepal. Many argue that the irrevocability of the death penalty, in the face of potential erroneous convictions, can never justify its imposition. The Philippines, the first Asian country that abolished the death penalty in 1987, held the record for the most number of mandatory death offenses (30 offenses) and death eligible offenses (22 offenses) after it was re-imposed in 1994. Majority of death penalty convictions were decided based on testimonial evidence. While such cases undergo automatic review by the Supreme Court, the appellate process in the Philippines is not structured to accept post-conviction evidence, including DNA evidence.Because of the compelling nature of post-conviction DNA evidence in overturning death penalty convictions in the United States, different groups advocated its use in the Philippines. In one such case, People v Reynaldo de Villa, the defendant was charged with raping his 13-year-old niece that supposedly led to birth of a female child, a situation commonly known as ‘criminal paternity’. This paper reports the results of the first post-conviction DNA test using 16 Short Tandem Repeat (STR) DNA markers in a criminal paternity case (People v Reynaldo de Villa) and discusses the implications of these results in the Philippine criminal justice system.     

腰椎骶化和骶椎腰化法医学鉴定16例分析

目的探讨分析腰椎骶化和骶椎腰化时腰椎如何定位及在法医学鉴定中的注意事项,为规范法医鉴定提供参考。方法回顾性分析16例有腰椎骶化或骶椎腰化的被鉴定人,结合其病因、临床表现探讨与外伤的关系,以及如何准确定位椎体。结果6例为腰椎骶化,10例为骶椎腰化,多有不同程度的腰腿痛。结论腰椎骶化和骶椎腰化是先天性脊柱畸形,是腰腿痛的常见病因,与外伤无因果关系,法医学鉴定时应该足够重视,准确定位。     

Forensic examination and application of areca nuts as material evidence

In this study, we aimed to explore the possibility of DNA analysis of areca nut as material evidence and the value of short tandem repeat (STR) typing of areca nut as material evidence under the condition of simulating external environment. In this study, water soaking, soil burial, sun exposure, and wet environment were used to treat areca nut residues. Chelex 100 was used to extract DNA, the PowerPlex21 kit to amplify, and the ABI PRISM^® 310 Genetic Analyzer to analyze the DNA of areca nut residues. DNA and STR typing were performed to analyze the residue after chewing. The results showed that the number of residual sites decreased with time under the conditions of water soaking, soil burial, sun exposure, and wet environment. Thus, areca nut can be used as forensic material evidence for DNA analysis and individual identification.     

颅脑损伤致精神障碍的法医学鉴定

本文综述了国内外颅脑损伤致精神障碍的相关法医学现状,特别是对于鉴定中的常见问题进行了简要的综述。     

用于法医学同一认定的额窦CT编码

目的 使用头颅CT图像重建冠状位鼻骨切面研究额窦观测指标,以编制特异的识别编码.方法 通过距离数值量和形态学描述对额窦CT图像进行分析.额窦同一认定识别编码为:右侧额窦部分隔数,形态一额窦中间隔位置,形态一左侧额窦部分隔数,形态;右侧额窦上缘弓形弯曲数(右侧最高峰位置,最低峰位置)-左侧额窦上缘弓形弯曲数(左侧最高峰位...     

Forensic identification of resampling operators: A semi non-intrusive approach

Recently, several new resampling operators have been proposed and successfully invalidate the existing resampling detectors. However, the reliability of such anti-forensic techniques is unaware and needs to be investigated. In this paper, we focus on the forensic identification of digital image resampling operators including the traditional type and the anti-forensic type which hides the trace of traditional resampling. Various resampling algorithms involving geometric distortion (GD)-based, dual-path-based and postprocessing-based are investigated. The identification is achieved in the manner of semi non-intrusive, supposing the resampling software could be accessed. Given an input pattern of monotone signal, polarity aberration of GD-based resampled signal's first derivative is analyzed theoretically and measured by effective feature metric. Dual-path-based and postprocessing-based resampling can also be identified by feeding proper test patterns. Experimental results on various parameter settings demonstrate the effectiveness of the proposed approach.     

46例尺骨鹰嘴骨折法医学鉴定分析

探讨尺骨鹰嘴骨折 ,术后于功能位制动患者进行法医学鉴定的时间。对 46例尺骨鹰嘴骨折患者进行随访 ,观察在不同时期肘关节功能恢复情况。伤后 3～ 4个月 ,肘关节功能可恢复到 40°～ 90°活动范围 ;伤后 6～ 8个月 ,关节活动范围可达 70°～ 12 0° ;伤后 10～ 12个月 ,关节活动范围可达到 110°～ 14 0°。尺骨鹰嘴骨折术后于功能位制动患者 ,3个月后即可进行法医学鉴定。此期 ,肘关节功能不但有了一定程度的恢复 ,骨折亦临床愈合 ,关节较稳定有力。     

Juror sensitivity to eyewitness identification evidence

A mock-jury study was conducted to examine juror sensitivity to eyewitness identification evidence. Subjects were 129 eligible and experienced jurors from Dane County, Wisconsin, who viewed a videotaped trial that involved an eyewitness identification. Ten factors associated with the crime and the identification (e.g., disguise of the perpetrator, retention interval, confidence of the witness) were manipulated. The results of this mock-jury study were combined with those of a previous study using the same experimental stimuli and procedures, but using undergraduates as subjects. This analysis showed that the confidence of the eyewitness was the most powerful predictor of verdicts (p<.05) and that differences between undergraduates and eligible jurors in their sensitivity to eyewitness evidence were negligible.     

肾上腺结核猝死的法医学鉴定

通过两例肾上腺结核猝死的案例观察发现：肾上腺和肾上腺以外器官的结核病变均表现为不典型的慢性陈旧性的病理学特征。提示在法医学鉴定中,对患过结核病和“不明死因”猝死尸体剖验时肾上腺的组织病理学检验尤为重要     

The persistence of memory: Forensic identification and extraction of cryptographic keys

The increasing popularity of cryptography poses a great challenge in the field of digital forensics. Digital evidence protected by strong encryption may be impossible to decrypt without the correct key. We propose novel methods for cryptographic key identification and present a new proof of concept tool named Interrogate that searches through volatile memory and recovers cryptographic keys used by the ciphers AES, Serpent and Twofish. By using the tool in a virtual digital crime scene, we simulate and examine the different states of systems where well known and popular cryptosystems are installed. Our experiments show that the chances of uncovering cryptographic keys are high when the digital crime scene are in certain well-defined states. Finally, we argue that the consequence of this and other recent results regarding memory acquisition require that the current practices of digital forensics should be guided towards a more forensically sound way of handling live analysis in a digital crime scene.