共查询到19条相似文献,搜索用时 162 毫秒
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论DNA鉴定结论的证据效力研究 总被引:1,自引:0,他引:1
DNA分析技术发展迅速,具有很多其它法庭科学技术不可比拟的优点,广泛用于刑事案件侦查、民事纠纷解决等。虽然我国DNA鉴定技术上与国际水平差距不大,但因为缺乏相应证据规则,DNA鉴定结论在应用上表现出诸多问题。为了规范DNA鉴定结论的应用,本文从DNA鉴定使用的遗传标记衡量DNA鉴定结论的证明力大小,从鉴定机构是否合法、受案程序是否得当、DNA鉴定过程是否符合17025标准等方面判断DNA鉴定结论是否具有证明效力。在认定DNA鉴定结论有证明效力的前提下判断其证明力大小,即判断能否达到个体识别和亲权鉴定的目的。此外,呼吁我国尽早出台DNA证据规则,以规范DNA鉴定结论的应用。 相似文献
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放射影像资料的法医临床学同一认定14例分析 总被引:1,自引:1,他引:0
放射影像学在法医学中主要是应用X线、CT和MRI等技术方法,识别身体异物、判断有无损伤、推断损伤时间及损伤机制,同时还可以用于同一认定,特别是对于重大灾祸如空难、海难及刑事案件中肢解、碎尸、白骨化、高度腐败等无法辨认的尸体的认定。法医临床学鉴定实践中则会遇到需要对不同时期的放射影像资料进行同一认定的案例。本文就法医临床学鉴定实践中对放射影像学资料进行同一认定的报告,结合有关文献,探讨法医临床学中对放射影像学资料进行同一性鉴定的原则及注意事项。1材料和方法从1995年至2004年10年间四川华西法医学鉴定中心法医临… 相似文献
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在处理未签订书面劳动合同的劳动争议纠纷案件时,面对双方当事人就如何约定工作岗位、工作岗位能否随意调整以及因工作岗位调整不能导致劳动合同解除的责任归谁等问题的举证和质证,司法机关应当充分运用民事诉讼证据规则加以论证。 相似文献
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证据规则(Rule of Evidence)是指约束取证、举证、质证和认证等运用证据查明案件事实的规范与准则。证据法在一定程度上就是“依据证据认定事实过程之法律上的所有规则”①。古语云,“不以规矩,不能成方圆;不以六律,不能正五音”,鉴于证据法在诉讼法中的核心地位,实施证据规则乃是落实证据裁判原则,查明真相,保障人权的重要举措。一、证据规则的性质与体系事实是需要用证据来证明的,证据是裁判的基础。我国台湾学者认为,“何种资料,可为证据,如何收集及如何利用,此与认定之事实是否真实,及适用之法律能否正确,极关重要。为使证据认定之事实… 相似文献
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Research on primary confessions has demonstrated that it is a powerful form of evidence. The goal of the current research was to investigate whether secondary confessions – the suspect confesses to another individual who in turn then reports the confession to the police – could be as persuasive. In Experiments 1 and 2, participants read a murder trial containing an eyewitness identification, a secondary confession, and character testimony, and made midtrial assessments of the evidence. Results indicated that the secondary confession was evaluated as the most incriminating. In Experiment 3, participants read summaries of four criminal trials, each of which contained a primary confession, a secondary confession, eyewitness identification, or none of the above. The two confession conditions produced significantly higher conviction rates. Our findings suggest that secondary confessions are another powerful and potentially dangerous form of evidence. 相似文献
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Investigation of Ballistic Evidence through an Automatic Image Analysis and Identification System 下载免费PDF全文
Ilker Kara Ph.D. 《Journal of forensic sciences》2016,61(3):775-781
Automated firearms identification (AFI) systems contribute to shedding light on criminal events by comparison between different pieces of evidence on cartridge cases and bullets and by matching similar ones that were fired from the same firearm. Ballistic evidence can be rapidly analyzed and classified by means of an automatic image analysis and identification system. In addition, it can be used to narrow the range of possible matching evidence. In this study conducted on the cartridges ejected from the examined pistol, three imaging areas, namely the firing pin impression, capsule traces, and the intersection of these traces, were compared automatically using the image analysis and identification system through the correlation ranking method to determine the numeric values that indicate the significance of the similarities. These numerical features that signify the similarities and differences between pistol makes and models can be used in groupings to make a distinction between makes and models of pistols. 相似文献
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目的研究耳廓观测指标的变化特征,提出利用耳廓特征识别点进行个体同一认定的研究方法,为法医学个体识别,及对视频图片中的个体进行同一认定,提供一种科学、准确、简便易行的方法。方法通过对19岁至22岁的汉族成人拍摄耳廓侧位图像,选取148人照片中的相应指标进行观测,数据收集,经SPSS统计软件处理,分析各种因素对测量结果的影响,计算出各指标识别能力及两批照片各指标之间的差值,最终得出各指标差值的参考值范围。结果 10项观测指标经统计检验分析,最终保留6项指标,重复测量结果稳定。各指标的变异系数相差不大,结果稳定可靠。结论通过制定6项观测指标差值的参考范围,确定指标是否同一,最终认定照片中耳廓是否属于同一个体的方法准确可行。 相似文献
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《Science & justice》2022,62(4):424-432
In forensic radiology, computed tomography (CT) is often used as a medical imaging technique to identify the cause and manner of death of deceased victims of a possible crime. In this study, medical imaging is used to examine concealed bodies and packaging materials. Medical imaging techniques, mainly CT scan, were used to scan packaged or concealed bodies inside containers to identify clues and evidence indicating whether a crime might have been committed. Also, scene integrity and scene safety along with a systematic search for relevant evidentiary items value were considered.Eighteen concealed bodies that had been assessed using medical imaging techniques between 2010 and 2018 at the request of the Dutch National Police were selected. The file records of each case contained imaging data, a photographic record of the unpacking procedure, a list of all items and traces found in the package, and the forensic pathology report. The images were assessed with respect to the different aspects of the case and through a systematic approach.The packages included adult males, adult females, newborn infants, and animals. All human cases were related to criminal offences. In nine adult cases, evidence of a possible violent death could be determined using CT imaging. The cause of death in newborn infants, however, could not be determined. In cases of dismemberment, the completeness of the body could be determined by CT imaging, and the cutting surfaces of bones could be matched on CT images. Regarding scene safety and integrity, in this study all relevant macroscopic items were detected on the CT images.The CT-scans were supplemented with fiduciary markers to better map CT data with the real objects. This information in combination with 2D and 3D images provided the forensic investigator with information on how to unwrap the package layer by layer and help determine different types of packaging materials. Different textiles could not always be identified. The orientation of the body within the packages was provided in all cases, and advice could be given on the optimal approach to access the contents. The overall detection rate of items was 78%.This is one of the first studies to illustrate the contribution of medical imaging, specifically CT scan, to the analysis of concealed bodies and packaging materials prior to unpacking. This demonstrates its contribution to a systematic approach of the investigation by ensuring the safety and health of the investigator while documenting and maintaining the integrity of the crime scene. Imaging also provides information that can be helpful to determine whether a crime might have been committed and reducing the risk of damaging a concealed body. Medical imaging also provides the forensic investigator with information to draw up a workplan prior to unpacking, minimising loss of evidence and determining whether different forensic specialists (e.g., digital or DNA) are needed. It is therefore strongly recommended to use medical imaging, especially CT scanning, before opening a package containing a concealed body. 相似文献
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We introduce a new methodology, based upon probabilistic expert systems, for analysing forensic identification problems involving DNA mixture traces using quantitative peak area information. Peak area is modelled with conditional Gaussian distributions. The expert system can be used for ascertaining whether individuals, whose profiles have been measured, have contributed to the mixture. It can also be used to predict DNA profiles of unknown contributors by separating the mixture into its individual components. The potential of our probabilistic methodology is illustrated on case data examples and compared with alternative approaches. The advantages are that identification and separation issues can be handled in a unified way within a single probabilistic model and the uncertainty associated with the analysis is quantified. Further work, required to bring the methodology to a point where it could be applied to the routine analysis of casework, is discussed. 相似文献
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A review of the scientific papers published on inorganic gunshot residue (GSR) analysis permits to study how the particle analysis has shown its capability in detection and identification of gunshot residue. The scanning electron microscope can be the most powerful tool for forensic scientists to determine the proximity to a discharging firearm and/or the contact with a surface exposed to GSR. Particle analysis can identify individual gunshot residue particles through both morphological and elemental characteristics. When particles are detected on the collected sample, the analytical results can be interpreted following rules of a formal general interpretative system, to determine whether they come from the explosion of a primer or from other possible sources. The particles on the sample are compared with an abstract idea of "unique" GSR particle produced by the sole source of the explosion of a primer. "Uniqueness" is not the only problem related to GSR detection and identification for a forensic scientist. With "not-unique" particles interpretation of results is extremely important. The evidential strength of "not-unique" particles can increase with a more fruitful interpretative framework based on Bayes rule. For the assessment of the value of a GSR in linking a suspect and a crime, it is important to compare two hypothesis: the first can be that of the evidence if the suspect has been shooting in a specific situation, the second that of the evidence if the suspect was not involved in this shooting. This case specific or case-by-case approach is closer to what the court is interested in. The authors consider that a "case-by-case" approach should be followed whenever possible. Research of models and data such as those developed in other trace evidence material (fibres, glass, etc.) using a Bayesian approach is suggested in the interpretation of GSR. 相似文献
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Hyperspectral imaging combined with multivariate statistics is an approach to microanalysis that makes the maximum use of the large amount of data potentially collected in forensics analysis. This study examines the efficacy of using hyperspectral imaging-enabled microscopies to identify chemical signatures in simulated bioagent materials. This approach allowed for the ready discrimination between all samples in the test. In particular, the hyperspectral imaging approach allowed for the identification of particles with trace elements that would have been missed with a more traditional approach to forensic microanalysis. The importance of combining signals from multiple length scales and analytical sensitivities is discussed. 相似文献