The use of DNA statistics in criminal trials

In a number of recent cases in the UK, convictions have been quashed by the Court of Appeal on the grounds that the jury had been misdirected as to the factual significance of random occurrence statistics. The mathematical basis on which those statistics are calculated was reviewed and recent appeal cases involving DNA evidence in the UK and the US were examined. It was found that a widespread misconception exists regarding the random occurrence ratio and its relationship with probability of guilt. It is in fact impossible to relate the two with any degree of accuracy without consideration of social and demographic factors particular to a case as well as any non-DNA evidence obtained.     

Legal perceptions of forensic DNA profiling part I: a review of the legal literature

A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.     

马克思主义法律思想中国化的新成果(上篇)——江泽民的法治思想初探

马克思主义法律思想的中国化,是伴随着马克思主义中国化的进程而实现的.党的十三届四中全会以后,江泽民继承并发展了毛泽东、邓小平的法制思想,提出了许多关于社会主义民主法治建设的新思想、新观点、新论断,形成了作为"三个代表"重要思想组成部分的江泽民的法治思想.江泽民的法治思想,是马克思主义法律思想中国化的崭新的理论成果.认真学习《江泽民文选》,深入研究江泽民的法治思想,对于当前贯彻科学发展观,构建社会主义和谐社会,不断推进我国法治建设的进程,具有重大的实践意义和理论意义.     

DNA鉴定技术及其在刑事侦查中的应用

DNA鉴定技术自产生以来,在国内外有了一定的发展。就其在刑事侦查中的价值而言,它能够起到锁定犯罪嫌疑人、进行尸源认定、为串并案件提供依据、排除犯罪嫌疑等作用。DNA鉴定技术并非绝对可靠,尚有一些问题值得我们注意。     

论我国刑事证人出庭作证和测谎仪介入刑事诉讼立法的再完善

1996年,我国对原《刑事诉讼法》进行了重大修改与完善,修改后的《刑事诉讼法》受到了国内外许多有关人士的高度赞赏与好评.颁布实施以来,对于打击犯罪,保护人权,维护社会稳定,促进社会主义建设事业的顺利发展起到了巨大的作用.实践表明,它是一部从中国实际情况出发,深刻反映中国特点的好法律,是我国刑事法律修订与完善的典范.与……     

Post-appeal avenues to rectify miscarriages of justice in the Malaysian criminal justice process: reform options and the use of DNA evidence

Many jurisdictions have reformed their criminal justice process as a result of reported cases where convicted individuals who have exhausted their legal rights of appeal were exonerated using DNA evidence. Based on that backgrounds, this article critically examines the existing post-appeal avenues in Malaysia and highlights that they are ineffective to deal with claims of miscarriages justice. This article argues proper legal mechanisms need to be established to deal with this issue which can also allow convicted persons to request for DNA testing where relevant to prove their innocence.     

Legal advice in criminal proceedings in the Federal Republic of Germany

Conclusion Certain components of the British system of legal aid, especially the duty solicitor scheme, could beneficially be introduced in modified form into German criminal procedure. Conversely, some points of German law could benefit the British system, such as less rigid adherence to the autonomy principle. With the increasing integration of the European states, and particularly the abolition of internal border controls, it is time to think closely not only about harmonizing the economic structures of the European Community member states but also about creating human rights protections at the Community level, which is inextricably connected to access to competent legal advice in criminal proceedings.This article is a revised version of a lecture given at the Exeter University Centre for Legal and Interdisciplinary Development (EUCLID) seminar at Exeter University, Exeter, England, February 22, 1990, as part of my doctoral research project on the implementation of a duty solicitor scheme in German criminal procedure.I should especially like to thank Josephine Shaw, Lecturer in Law at Keele University and former Acting Director of EUCLID at Exeter University, for proof-reading the first draft and for supporting my research project. I am also grateful to Mervyn Bennun and Kim Economides for their helpful comments when I gave this lecture.Juristisches Staatsexamen, Universität des Saarlandes 1986; Honorary Research Fellow, University of Exeter 1989–1990; Assessor iur., Justizprüfungsamt des Saarlandes 1991; Doctor of Law, Universität des Saarlandes 1992; former Assistant to the Chair of Criminal Law, Criminal Procedure, Criminology, and Comparative Criminal Law, Universität des Saarlandes 1987–1991.     

Cross-cultural research and the role of anthropology in criminal justice

This study involves the application of traditional perspectives from anthropology to an examination of criminal justice research. The survey of several samples of published research confirms the paucity of criminal justice research in non-Western settings. Moreover, most of the reported research is not broadly representative, having been concentrated in a few non-Western countries. The implications of these findings for criminal justice education, research and theory are discussed, as are means for promoting cross-cultural research. The concepts of holistic and traditional comparative criminal justice are contrasted.     

The right not to know, in the German legislation (Part I)]

The right not to know entails being aware of a reality which corresponds to the mental representation one makes of a circumstance through external sensory perceptions or through intellectual actions from which one derives conclusions. The author discusses the different manifestations of this right not to know, from the right not to be informed to a general right of waiver.     

Ethical questions raised by human genetics. A personal contribution to the preparation of a legal instrument of the Council of Europe on human genetics (part I).

(1) Classification of so-called "genetic" diseases. (1.1) Diseases linked to chromosomal abnormalities. (1.2) Monogenic diseases. (1.3) Polygenic and multifactorial diseases. (1.4) Mitochondrial diseases. (1.5) Diseases involving infectious agents. (2) Genetic screening and diagnoses. (2.1) Community screening and genetics. (2.2) Prenuptial genetic diagnosis. (2.3) Pre-ICSI diagnosis. (2.4) Pre-implantation diagnosis. (2.5) Prenatal diagnosis. (2.6) Neonatal diagnosis. (3) Access to screening and diagnosis results.     

Problems of reliability and validity in criminal justice research

Reliability and validity are critical standards of scientific inquiry. This analysis directs attention to problems of reliability in data collection and to problems of validity in measuring two key criminal justice variables: the offense and the sentence. The discussion and empirical analysis indicate that reliability of official information sources in criminal justice cannot be assumed. Furthermore, there is evidence to suggest that the criterion of validity is even more elusive. This elusiveness is demonstrated in the operational definition of criminal offense, an important predictor variable, and in attemps to operationally define the criminal sanction, i.e., the disposition of charges against convicted defendants. These considerations suggest that research in the sentencing area may not be directed to the subject at hand and that research results should be interpreted with “scientific” caution.     

Examining the use of the M-FAST with criminal defendants incompetent to stand trial

The Miller Forensic Assessment of Symptoms Test (M-FAST) was developed to provide evaluators with a brief, reliable, and valid screen for malingered mental illness. This study examined the initial validity of the M-FAST in a sample of 50 criminal defendants found incompetent to stand trial because of a mental illness. The M-FAST total score and items were compared with the Structured Interview of Reported Symptoms (SIRS) and the fake-bad indicators of the Minnesota Multiphasic Personality Inventory-2 (MMPI-2). Results indicated good evidence of construct and criterion validity, demonstrated by t tests, receiver operating characteristics analysis, and high correlations between the M-FAST, SIRS, and the fake-bad indices on the MMPI-2. Tentative cut scores for the M-FAST total score and scales were examined and demonstrated high utility with the sample of criminal defendants incompetent to stand trial.     

Shoot first and ask questions later: the interplay of social science research and firearms policy and use

American Journal of Criminal Justice - This paper examines the context within which research and policy have developed by tracing the historical development of gun research across decades and...     

法律人职业道德研究（上）

一、什么是“法律人”和“法律人职业道德”所谓“法律人”,是一个存在不同解释的概念。有的论者认为,“法律人”是一个包括法官、律师和法学家在内的“法律共同体”①。也有论者是用“法律职业者”来表述“法律人”的,称“在我国,法律职业者是指精通法律专门知识并实际操作和运用法律的人,即法官、检察官和律师。法律职业者在广义上还包括行政司法人员、公证人员、仲裁人员和法律研究人员。②”笔者是在狭义或通常的意义上来使用“法律人”这一概念的,即法律人是指精通法律并运用法律的人,他们也就是法官、检察官、警官和律师等。法律人实…     

The witness in German criminal case (a contribution from the legal, psychological and psychiatrical view) (author's transl)]

The judgement of adult witnesses in particular cases, as sufficiently made clear by the described special case, is at least as necessary as a specialist's opinion of child testimony. Furthermore, it should be noted that the present modus of criminal proceedings does not allow for adequate objectivation possibilities of testimony of witnesses. Thirdly, it should be pointed out that at least for the so-called key witnesses a specialist's examination, i.e. by a psychiater and a psychologist is of great importance; it seems at least necessary that in problematic cases the specialist or the court should have the possibility to interrogate the witness to the exclusion of the public. It also seems of utmost importance to extend the judge's knowledge in the field relevant to the subject during his university education and also during his further professional instruction in order to enable him to identify problematical cases in time and decide on calling upon an adequate specialist.     

完善易制毒化学品违法犯罪法律规制的思考

易制毒化学品与易制毒化学品违法犯罪之间有着密切的联系。在易制毒化学品违法犯罪行为界定的基础上,从易制毒化学品管制和易制毒化学品犯罪法律规制的两个维度,对我国现行相关法律法规进行梳理,客观评价这些法律在实施过程中存在的困境和不足,并对进一步完善我国易制毒化学品违法犯罪相关法律提出建议。     

Assessing the prestige of journals in criminal justice: A research note

This study extends earlier periodical prestige research by determining journal prestige for three criminal justice membership categories and reexamines the emergent rankings, controlling for a potentially salient variable—previous journal publication. Data for the project were derived from questionnaire responses of 1,028 criminal justice educators who were members of either the American Society of Criminology, Academy of Criminal Justice Sciences, or both associations, via a three-wave mail survey. Generally, the findings demonstrated conflicting or competing professional ideologies operating in assessments of the relative importance of criminal justice publications. Particularly, respondents' subjective evaluations established two relatively divergent stratification systems of journal prestige.