Erroneous gender identification by the amelogenin sex test

Human gender identification, based on the amelogenin gene, has important applications in forensic casework, prenatal diagnosis, DNA databasing, and blood sample storage. However, we report on the first known case, in the Israeli population, of an amelogenin sex test failure on a phenotypically normal male. He was typed as a female by both the AmpFlSTR SGM plus and GenePrint kits. Subsequent, karyotyping of the soldier's blood sample showed no abnormalities. These results suggest that the determination of sex, based on the amelogenin test, should be interpreted cautiously.     

Genetic profiling of a central Venezuelan population using 15 STR markers that may be of forensic importance

The AmpFlSTR Identifiler kit has recently been accepted for use in DNA databasing of forensic samples in the FBI's National DNA Index System. In the present study, we used this kit to analyze the allele distribution of 15 short tandem repeat markers (STR) in individuals living in Caracas city, Venezuela. The allele frequencies of two of these STR, D2S1338 and D19S433, have not previously been reported for this or any other Latin American population. The results indicate that for the population here studied, the 15 STR tested are useful markers for paternity testing and forensic casework.     

Identification procedures as a part of death investigation in Turkey

Forensic identification techniques include the examination of ID cards, the decedent's private belongings, fingerprints, footprints, lip marks, dental findings, red blood cell enzymes, performing photograph matching, facial reconstruction, visual identification, and DNA "fingerprinting." As part of forensic examinations, the identification of corpses that are fresh, decomposed, fragmented, or skeletonized as well as individual body parts and human remains can be requested. Identification becomes a challenging task for forensic terms particularly in mass-disaster situations. Each identification case should be considered to its own merit and the way to do that should be based on the effectiveness and cost of each method used. In Turkey, one of the major duties of the medicolegal system on the investigation of deaths is to identify the deceased if unknown.This study is undertaken to investigate the procedures, as well as their validities, used to deal with individualization of dismembered bodies directly sent to the Council of Forensic Medicine, Ministry of Justice, for autopsy and/or visual identification, as well as those received from peripheral districts for forensic identification. According to the Turkish Penal Procedural Law, a positive identification of the deceased is mandatory before performing an autopsy. According to the law, the ID cards are not taken to be sufficient for recognition of the deceased, and the major way of identification in daily practice is visual identification by a relative or any recognizant person to approve the identification to the prosecutor. If visual identification fails, fingerprints, dental x-rays or body x-rays, and DNA "fingerprinting" can be used to establish identity when compared with known records of the individual obtained by law enforcement.This retrospective study was carried out into 421 dismembered bodies, among 3063 autopsies performed in year 2002 by the Department of Morgue at the Council of Forensic Medicine, with particular insight into the identification procedures undertaken and their results. The overall negative identification rate was 30.4%, and in 1% of the cases, the visual identification by relatives were not confirmed by DNA identification and taken as misidentified.     

Should Biological Evidence or DNA be Retained by Forensic Science Laboratories After Profiling? No, Except Under Narrow Legislatively-Stipulated Conditions

DNA profiling and databasing are now commonplace. A body of state and federal legislation enables the establishment and operation of profile databases for law-enforcement purposes. Enabling legislation is usually specific about who, or what evidence, may be profiled for a database. It may be less specific or silent on the issue of specimen retention following profiling and databasing.     

法证科学领域的决策

随着法证DNA证据以及它所适用的概率模型日益凸显,反映了传统法证科学的局限性,并使人们对法证科学领域的决策产生了越来越多的质疑,焦点集中在对结论的解读方式和实际运用。分析表明,科学证据的本质不是绝对性或确定性的,而是概率性的;同时,事实审判者需要基于这些概率性的证据对事实作出明确的决定。因此,对于法证科学领域的决策,应当是专家在一系列归纳得出的特定假设基础上,就研究结果的概率进行恰当的报告,由事实审判者承担对概率作出决断的任务。     

The effectiveness of forensic evidence in the investigation of volume crime scenes

This study investigates the effectiveness of forensic evidence in UK volume crime investigations. The main aim was to identify characteristics of forensic evidence that influence its effectiveness in converting detections into criminal charges, as well as to critically consider the effectiveness of a recent service level agreement (SLA) implemented by Wiltshire Police, which aimed at reducing CSI attendance. The sample consisted of 445 police recorded cases received from Wiltshire Police. Presence or absence and location-related characteristics of fingerprint, DNA, and footwear evidence were evaluated on the effectiveness of forensic evidence and examined within the contexts of different volume crimes. Results showed a high level of correlation in converting detections into criminal charges where the presence of DNA, footwear, and multiple evidence types was recorded; and a positive correlation between forensic evidence ineffectiveness and presence of fingerprints, particularly in residential burglaries. Differences between individual offence types were expressed. The most prominent feature influencing the effectiveness of forensic evidence was found to be related to the movability of the exhibit associated with the recovered evidence, with DNA recovered from non-movable items presenting the strongest effectiveness. Cases processed after the implementation of the SLA did not show significant differences in forensic evidence effectiveness as compared to cases processed prior to the SLA, however, they demonstrated a lack in effectiveness of DNA evidence. The findings of the current research provide a better understanding of the contextual influences on the potential of forensic evidence and can support improvement of crime scene screening and CSI resource deployment.     

Application of BioRobot M48 to forensic DNA extraction

The development of a nucleic acid extraction method based on magnetic separation has opened up possibilities forl automation of DNA extraction. The BioRobot M48 is one of robotic stations applicable to automated DNA extraction in forensics. However, each new method should be thoroughly validated before application to routine casework. Our aim was to compare the effectiveness of the currently utilized organic/Microcon 100 based extraction procedure and magnetic extraction with BioRobot M48. The DNA concentration of DNA extracts obtained from different kinds of typical forensic material was evaluated followed by amplification with the SGM Plus or Identifiler kit and capillary electrophoresis using ABI 3100 Avant. We can conclude that BioRobot M48 is a very effective instrument for DNA extraction from most specimens and can be successfully applied in forensic laboratories.     

How the probability of a false positive affects the value of DNA evidence

Errors in sample handling or test interpretation may cause false positives in forensic DNA testing. This article uses a Bayesian model to show how the potential for a false positive affects the evidentiary value of DNA evidence and the sufficiency of DNA evidence to meet traditional legal standards for conviction. The Bayesian analysis is contrasted with the "false positive fallacy," an intuitively appealing but erroneous alternative interpretation. The findings show the importance of having accurate information about both the random match probability and the false positive probability when evaluating DNA evidence. It is argued that ignoring or underestimating the potential for a false positive can lead to serious errors of interpretation, particularly when the suspect is identified through a "DNA dragnet" or database search, and that ignorance of the true rate of error creates an important element of uncertainty about the value of DNA evidence.     

“It all happened so slowly” – On controlling function creep in forensic DNA databases

Forensic DNA databases are implemented worldwide and used increasingly. Part of this increasing usage is arguably a matter of function creep. Function creep refers to changes in, and especially additions to, the use of a technology. In this article we explore the notion of function creep as we discuss why and how it has taken place on forensic DNA databases. We also consider what future function creep it is possible to envisage. As even security enhancing technologies may contribute to insecurities, what safeguards should be in place to render function creep governable? We use the Norwegian DNA database, expanded considerably as recently as September 2008, as our primary case for discussion. Additionally we use examples from the English and Welsh DNA database which, considered world leading, may be an indication of where other DNA databases are heading. The article isn't data-driven but draws on a wide spectrum of data: governmental documents, public and Parliamentary debates, and interviews.     

Basic issues in forensic DNA typing

DNA analysis has become the standard method in forensic stain typing (termed DNA profiling). In contrast to conventional serological methods, any human tissue or body fluid can be analysed by DNA profiling as long as it contains nucleated cells. The majority of genetic systems studied at the DNA level are derived from “non-coding” portions from the human genome, and are located either in the vicinity of expressed (coding) genes or in stretches of DNA sequences interspersing with the genes. The typing results are usually recorded as DNA fragment lengths or “alleles” indicating the number of core repeat elements for short tandem repeat systems. These typing results do not contain any useful information which might reveal genetic traits or predispositions for inherited disease about the individual studied. Typing systems for DNA profiling are predominantly selected according to criteria related to the robustness for typing of (potentially degraded) forensic specimens, the degree of genetic polymorphism (which influences the chance to exclude a wrongfully accused person), and the amenability to standardisation as a basis to obtain reproducible results.     

A brief history of the formation of DNA databases in forensic science within Europe

The introduction of DNA analysis to forensic science brought with it a number of choices for analysis, not all of which were compatible. As laboratories throughout Europe were eager to use the new technology different systems became routine in different laboratories and consequently, there was no basis for the exchange of results. A period of co-operation then started in which a nucleus of forensic scientists agreed on an uniform system. This collaboration spread to incorporate most of the established forensic science laboratories in Europe and continued through two major changes in the technology. At each step agreement was reached on which systems to use. From the beginning it was realised that DNA databases would provide the criminal justice systems with an efficient way of crime solving and consequently some local databases were created. It was not until the introduction of the amplification technology linked to the analysis of short tandem repeats that a sufficiently sensitive and robust system was available for the formation of efficient and effective DNA databases. Comprehensive legislation enacted in the UK in 1995 enabled forensic scientists to set up the first national DNA database which would hold both personal DNA profiles together with results obtained from crime scenes. Other countries quickly followed but in some the legislation has severely restricted the amount and type of data which can be retained and, therefore, effectiveness of the databases is limited. The widespread use of commercially produced multiplex kits has produced a situation in which nearly all European laboratories are using compatible systems and there is, therefore, the potential for the introduction of a pan-European DNA database. However, the exchange of results between countries is hampered by the various legislations which currently exist.     

Forensic databases,a perspective from the penitentiary centers of Spain

Scientific and technological progress in the field of forensic genetics is very useful in the resolution of criminal cases, but it entails the need for a deep ethical reflection, as the individual Fundamental Rights may be violated.This project aims to collect and compare the opinion of prisoners and prison officials on what characteristics the country's forensic database should have. In this context, 210 subjects were surveyed, 101 of them prisoners and the rest prison officials, from three different Spanish penitentiary centers.Among the results obtained, most prisoners and officials consider the national DNA database to be useful, and additionally, a 40% of the participants would support the integration of the profiles of the entire population. 64% considered it ethical to use the DNA profiles of the database as a tool for familial searching. Despite this, half of the respondents are concerned about the future uses of the DNA database.Integrating the opinion of these analyzed groups with other relevant judicial, scientific and ethical convictions, ensures the regulation between security and individual’s Human Rights.     

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.     

DNA databanks: law enforcement's greatest surveillance tool?

All fifty states have laws requiring the collection of DNA samples from certain classes of criminals. Genetic profiles are gleaned from these samples and entered into DNA databanks, after which they then can be accessed by law enforcement personnel and others. DNA forensic technologies can be used to identify criminal offenders, but they can also be used in ways that reveal health and other personal information about the target and even about his or her relations. Moreover, the rapid introduction of ever-changing types of DNA forensic techniques creates a potential for error. Such errors may wrongly implicate some individuals for a crime and may wrongly exculpate others. This Article examines weaknesses in state DNA databanking laws regarding the protection of genetic privacy and imposition of quality assurance mechanisms and suggests policies which state legislatures should incorporate into the state DNA databanking scheme.     

进一步 退一步 再进一步——司法鉴定立法简评与建议

2005年2月28日全国人大常委会颁布的《关于司法鉴定管理问题的决定》,在立法层面上,是一个不小的进步,特别在解决审鉴分离,促进司法公正方面作出了积极贡献。《刑事诉讼法》再次修改,有关鉴定问题的立法,理应在《关于司法鉴定管理问题的决定》已有的成果基础上进行,然而《刑事诉讼法修正案（草案）》仍将＂鉴定＂放在侦查一章中作为一种＂侦查行为＂,显然在《关于司法鉴定管理问题的决定》的基点上倒退了一步。建议在刑诉法修正案中有关与刑事鉴定的定位上,就鉴定人及其权利义务、委托人的义务与限制、制作鉴定意见书的程序、鉴定意见的告知、申请重新鉴定等方面的立法上再前进一步。     

Accuracy Rates of Sex Estimation by Forensic Anthropologists through Comparison with DNA Typing Results in Forensic Casework

A common task in forensic anthropology involves the estimation of the biological sex of a decedent by exploiting the sexual dimorphism between males and females. Estimation methods are often based on analysis of skeletal collections of known sex and most include a research‐based accuracy rate. However, the accuracy rates of sex estimation methods in actual forensic casework have rarely been studied. This article uses sex determinations based on DNA results from 360 forensic cases to develop accuracy rates for sex estimations conducted by forensic anthropologists. The overall rate of correct sex estimation from these cases is 94.7% with increasing accuracy rates as more skeletal material is available for analysis and as the education level and certification of the examiner increases. Nine of 19 incorrect assessments resulted from cases in which one skeletal element was available, suggesting that the use of an “undetermined” result may be more appropriate for these cases.     

The CSI effect and the Canadian and the Australian Jury

Television shows, such as CBS's CSI and its spin-offs CSI: Miami; CSI: Las Vegas; and CSI: New York, have sparked the imagination of thousands of viewers who want to become forensic scientists. The shows' fictional portrayals of crime scene investigations have prompted fears that jurors will demand DNA and other forensic evidence before they will convict, and have unrealistic expectations of that evidence. This has been dubbed the "CSI effect." This phenomenon was explored using results from a Canadian study based on 605 surveys of Canadian college students who would be considered jury-eligible and Australian quantitative and qualitative findings from a study that surveyed and interviewed real posttrial jurors. Information about the way jurors deal with forensic evidence in the context of other evidence and feedback about the way in which understanding such evidence could be increased were gained from both these studies. The comparison provides insights into the knowledge base of jurors, permitting adaptation of methods of presenting forensic information by lawyers and experts in court, based on evidence rather than folklore. While the Canadian juror data showed statistically significant findings that jurors are clearly influenced in their treatment of some forensic evidence by their television-viewing habits, reassuringly, no support was found in either study for the operation of a detrimental CSI effect as defined above. In the Australian study, in fact, support was found for the proposition that jurors assess forensic evidence in a balanced and thoughtful manner.     

Optimization and validation of a fully automated silica-coated magnetic beads purification technology in forensics

Automated procedures for forensic DNA analyses are essential not only for large-throughput sample preparation, but are also needed to avoid errors during routine sample preparation. The most critical stage in PCR-based forensic analysis is DNA isolation, which should yield as much highly purified DNA as possible. The extraction method used consists of pre-treatment of stains and samples, cell lysis using chaotropic reagents, binding of the DNA to silica-coated magnetic particles, followed by elution of the DNA. Our work focuses mainly on sample preparation, obtaining the maximum possible amount of biological material from forensic samples, and the following cell lysis, to create a simple standardized lysis protocol suitable for nearly all forensic material. After optimization and validation, the M-48 BioRobot((R)) workstation has been used for more than 20,000 routine lab samples. There has been no evidence of cross contamination. Resulting DNA from as small as three nuclear cells yield reliable complete STR amplification profiles. The DNA remains stable after 2 years of storage.     

解读新《刑事诉讼法》 推进司法鉴定制度建设

新《刑事诉讼法》对司法鉴定制度做了如下修改：纠正了＂鉴定结论＂不准确的提法,还原了司法鉴定之本质;删除了＂人身伤害的重新鉴定或者精神病医学鉴定由省级人民政府指定医院进行＂的规定,理顺了司法鉴定体制;明确了鉴定人应当出庭作证的范围,确立了鉴定意见的传闻排除规则;增强了鉴定人参与诉讼的权利保护;增设了专家辅助人制度,使鉴定意见的质证程序有望实质化。这些修改是司法鉴定程序立法的重大进步,然而鉴定人权利保障体系尚有待健全。     

Science and the Death Penalty: DNA, Innocence, and the Debate over Capital Punishment in the United States

The death penalty debate in the United States has recently undergone a fundamental shift. The possibility of executing the innocent has emerged as some abolitionists' most salient argument, displacing debates over such issues as fairness, deterrence, and cost. Innocence has managed to move to the fore of the debate in part because of the success of death penalty opponents in attaching epistemological certainty to one particular category of postconviction exonerations, those vouched for by the authority of DNA evidence. We suggest that such moves are primarily rhetorical because, while DNA evidence may be more accurate and reliable than other forensic science, it still fundamentally probabilistic in nature and is prone to uncertainties at all stages of its production. Yet, because of the certainty attached to DNA evidence in public discourse, it can be used as a lever with which to challenge law's claims to truth-making authority, and to undermine public trust in the death penalty. A few abolitionists and other scholars have expressed misgivings about the abolitionist embrace of the innocence argument. We push this concern further, suggesting that both abolitionists and death penalty reformers, who seek to promote a "scientific" death penalty centered on DNA evidence, draw upon a mythologized notion of "science" as a producer of epistemic certainty.