Genomic "dactyloscopy" in the expertise of disputed paternity and the determination of biological relationship

Genome "dactyloscopy" (DNA fingerprinting) is a principally new way of personal identification based on analysis of human genetic material (DNA); the difference in DNA structure of different subjects is the scientific basis of this method. This ensures opportunity to estimate biological relationship of persons positively. The authors were the first to demonstrate using certain expert material the adequacy and potentials of DNA fingerprinting by M 13 probe for medicolegal expert practice in most complicated cases of relationship determination requiring positive identification of paternity and maternity.     

The restrictase analysis of human DNA as a method for determining genetic sex in forensic biological expertise]

In this article phenomena related to sex heteromorphism of restrictase hydrolysates of DNA, isolated from objects of expert analysis was recommended for use. The performed investigations allow one to work out the system of discriminating sex of biological objects, based on restrictase analysis of human DNA and on registration of sex-specific restrictase fragments. Possibilities of method and its value for gene-identification expertise were illustrated using certain cases from expert practice.     

侦查机关内设鉴定机构鉴定问题的透视与分析——13起错案涉及鉴定问题的展开

鉴定结论被人们誉为"科学证据"。通过对13起错案涉及有关鉴定问题的透视,发现这一"殊荣"因侦查机关内设鉴定机构的"问题鉴定"使某些鉴定结论成了错案的"帮凶",这不仅导致了案件事实的错认,造成了司法不公正,同时降低了司法鉴定的公信力,最终影响了诉讼效率。我国司法鉴定制度改革在取消人民法院和司法行政部门内设鉴定机构的同时,准许侦查机关内设鉴定机构,这种制度是否合理值得进一步研究。     

Will the law come running? The potential role of "brain fingerprinting" in crime investigation and adjudication in Australia

A major feature of the Australian criminal justice system is that jurors assess witness credibility and are the ultimate finders of fact. Recognising the occasional fallibility of humans in detecting truth and deception, the jury's function may be assisted by highly regulated expert evidence about a variety of scientific techniques. A recent scientific development has been the invention of "brain fingerprinting" (BF) by Dr Larry Farwell in the United States. Brain fingerprinting measures brainwave functioning to detect awareness of crime-relevant information in order to distinguish between guilty and innocent suspects. This article considers whether BF could be used for crime investigation and adjudication in Australia. By examining the rules of expert evidence and the principles relating to "novel scientific evidence", the admissibility of BF in the various Australian jurisdictions is evaluated. The utility of BF in criminal investigations and counter-terrorism initiatives is also canvassed. The authors conclude that, at the present time, it is unlikely that expert testimony on BF will be admitted in Australian criminal trials. However, the technique potentially offers other benefits to the criminal justice system, thereby warranting its consideration as a "criminal and investigative tool of the future".     

Genomic "dactyloscopy" with the use of bacteriophage M13 as a DNA probe (the expertise of material evidence and personal identification)

In this article the authors give a scientific evaluation of genetic dactyloscopy method in which the sites of human chromosomal DNA, possessing structural polymorphism, act as genetic markers. Technology of genome "dactyloscopy" including both the series of standard conventional methods and new methods is presented. The method is highly sensitive and requires small amounts of material for investigation. A practical case is described when genome "dactyloscopy" gave positive results which led to a conclusion on suspect's involvement in the crime.     

Relevance of "psychopathy"-- concepts from the Hare measure for preventive detention

Preventive detention can be ordered, if a person falls back into crime repeatedly and shows a "disposition to commit substantial offences". In the trial and at subsequent points of time expert opinions supporting this personal disposition have to be obtained. However up to now it is not clear on which basis such statements should be made. On the basis of a retrospective investigation of the author's own expert opinions the paper discusses the relevance of Hare's psychopathy concept for opinions on criminal disposition.     

Using electrophoresis for the identification of subjects in forensic medical expertise

It was proven as advisable to apply the electrophoretic method in sophisticated expertise cases for the purpose of defining the nature of objects in examinations of material evidence.     

微型DNA指纹图的研究与应用

作者采用小板琼脂糖凝胶电泳,应用MYO探针,Southern印迹杂交技术制作微型DNA指纹图,能获得清晰图谱。实验结果表明,同一个体的血液与血斑,精液与精斑及不同部位的组织,其指纹图谱完全相同。不同个体的微型DNA指纹图谱有明显个体差异。用本法能使大板DNA指纹图的常规检出量重复15～20次,最小检出量为250ng,达到极微量的水平。     

The forensic expert witness--an issue of competency

Scientists submitting expert opinions within the legal system are expected to be knowledgeable in the forensic aspects of their particular science, as well as to be ethical and unbiased. Scientists are seldom able to decline a request to provide an expert opinion in their field, even when their forensic expertise is minimal. The competence of scientists providing expert opinions in forensic cases is reviewed here. Three examples of the perils of uninformed "expertise" in forensic biology, medicine and anthropology are presented.     

Turf wars: authority and responsibility for the investigation of mass graves

Mass graves are complex products of large-scale crimes. Such scenes pose four conceptual challenges to investigators and forensic experts: the individual victim, the crime, the setting, and the statistical. Exhumation and post-mortem examination of mortal remains with associated personal and forensic evidence require integrated management of core forensic personnel including investigators, archaeologists, anthropologists, odontologists and pathologists, among whom there is overlapping expertise. The key to avoiding competition and ill-will among experts is to recognize that all such experts should be enabled to make known how their expertise matches with the temporal and spatial boundaries of victim, crime and setting. In turn, they should be apprised of where they fit into the overall judicial process and their limits within the investigation. Consequently, each expert requires access to the factual background of the case, to the site and its contents throughout the investigation. Each forensic team member has a responsibility to influence the investigation--throughout its course when possible--to make findings within their areas of expertise, and to make these available to the rest of the team so as to contribute most meaningfully to the aims of the investigation, both forensic and humanitarian. The on-site crime scene manager has an overarching role to enable integrated access to the complete scene and its contents by each forensic expert team member. In other words, the forensic scientist is given access and the ability to influence the investigation while control of evidence from the site as to identity and criminal activity are maintained by the crime scene manager. This contribution is directed at both the crime scene manager and each forensic expert; it describes the essential spatial and temporal parameters of an expert's opinion so as to encourage cooperation, and discourage conflict, within the forensic team.     

The use of genomic "dactyloscopy" for the diagnosis of monozygotic twins

Possibilities of gene identification expertise for the solution of problem on mono- or dizygotic origin of twins were demonstrated. It was shown that DNA printing method makes it possible to differentiate mono- and dizygotic twins in complicated cases.     

Assessment of harm to the health in proximal hip fractures

The analysis of expert certification on isolated hip fractures has shown that some experts make errors of underestimation of harm to the health basing on the criterion "duration of health impairment". How to prevent such errors and to improve quality of forensic medical certification is proposed. Such measures will raise social value of medical forensic expertise.     

Verification of amplified DNA profiles by electrophoresis in various gels

Differentiation of genotypical mixtures resultant from amplification analysis of mixed DNA preparations and false multi-strip profiles, which can result from amplification typing of individual DNA under certain conditions and simulate mixtures, impedes the molecular genetic identification expert evaluations. This paper offers an effective method for verification of amplification profiles of DNA, which is based on the use of alternative gel electrophoretic systems. This methodological approach helps detect the polymerase chain reaction artefacts without using additional expert material and promotes correct interpretation of expert findings even in difficult cases.     

专家辅助人的比较考察与制度重塑——以科技类证据在诉讼中的运用为视角

本文重点不在于从学理上对专家辅助人做细致的分析研究,而旨在尝试解决涉及科学技术类纠纷案件中专家辅助人的几个难题.比如专家辅助人的定位、利益冲突的处理、专家意见的边界等.这些问题决定了专家辅助人的核心权利义务,包含着影响专家辅助人客观公正地发挥职能的核心要素.对这些问题,法律规定不清,学者争议较大,但审判中又必须面对.解...     

司法鉴定中303例骨龄小于“年龄”分析

目的探讨司法鉴定中骨龄小于"年龄"的现象和可能原因。方法参考中国人手腕骨发育标准CHN法附带的检验样本所提供的骨龄验证值,结合鉴定时公安机关提供的"年龄"、"户籍"等相关资料,并追踪回访部分案例,对829例使用CHN法行骨龄司法鉴定资料进行回顾性分析。结果骨龄小于"年龄"共303例,占(303/829)36.6%,在742例有"年龄"案例组中占(303/742)40.8%。如以两者差值小于0.5岁(含0.5岁)为正常范围内计则降至190例,所占比例为(190/829)22.9%和(190/742)25.6%。差值在0.5岁以内时与骨龄值相近的"年龄"可信度最高,在0.6～2.0岁时难以确定何者有误,但随差值增大"年龄"有误可能性上升。"年龄"和骨龄本身诸多不确定因素均可导致骨龄小于"年龄",并可能是多种因素共同影响的结果。结论在鉴定实践中骨龄小于"年龄"发生率不低;鉴定结论以综合评估后谨慎使用为宜。     

Assessment of disputed identity of blood alcohol samples using DNA fingerprinting

DNA fingerprinting is a perfect tool for investigating the identity of disputed blood by alcohol samples extracted. However, blood samples stored at an ambient temperature for longer periods can show considerable degradation of high-molecular DNA, diminishing the value of fingerprint investigation because of loss of the less frequent bands formed by the longer DNA fragments. Addition of the complexing agent EDTA can retard this degradation. Determination of the sex with DNA probes in the blood alcohol sample increases confidence in the investigation.     

日本司法鉴定制度的现状与改革

日本司法鉴定制度既不能满足诉讼对鉴定的需要 ,又影响了鉴定人的水准和鉴定结论的质量 ,成为导致诉讼非公正性和非效率性的重要原因。但其目前所进行的司法鉴定改革及诉讼专门委员会的设立都以法院为主导 ,虽易实现效率性 ,但难于保障公正性。中国应当吸取日本的教训 ,不仅注重规定鉴定结论与诉讼或法官的关系 ,而且更应注重建立中立的、统一的司法鉴定组织 ,注重使其他鉴定人员与司法鉴定挂钩 ,注重司法鉴定人员的司法和科学素质。     

The "utility" principle within the scope of forensic determination of blood kinship using serostatistics

A "realistic" prior probability is always based on case experience (Akten-a-priori). In serological opinions pertaining to parentage, the realistic prior probability is only one piece of information in the whole body of evidence before the judge and does not have any special significance per se. There is no such thing as a "neutral" prior probability. It either implies "ignorance," in which case it cannot be "information," or it must be taken in connection with the utility principle, in which case it is not a "probability." The utility principle is defined in law and cannot be expressed in figures. The utility principle takes effect only when the judge reaches a decision (on the basis of all the evidence before him). It determines the relative importance of the participant's objects of legal protection which are at issue in the case. The expert is bound to apply a neutral utility component, i.e., in a two-hypothesis case (the normal situation) the significance of both the null and the counter hypothesis must carry the same weight. A null and/or a counter hypothesis can combine several single hypotheses; the mean value of their frequencies is taken. As a rule, one should avoid using a "prior case probability" ("Akten-a-priori") when calculating a W value. An "expectation of error" should be as realistic as possible and hence be obtained using a "prior case probability."     

刑事诉讼专家辅助人出庭的观点争议及其解决思路

我国2012年修改的《刑事诉讼法》和《民事诉讼法》对“有专门知识的人”的规定相当简略,尤其是其出庭“适用鉴定人的有关规定”表述．不仅存在“有专门知识的人”是作为专家证人还是专家辅助人之争论．而且还引发是否有必要界定为中立的鉴定人诉讼地位之分歧。基于此．“有专门知识的人”参与法庭是否需要准入限制、法庭如何行使审查权限以及是否适用回避制度、其权利义务如何确定、如何在法庭上进行质证、其质证的效力如何以及在法庭上应安排何种位置等问题需要理论予以澄清．而理论需要结合我国司法制度与诉讼制度的要求及其功能作出具有规范意义的诠释．     

Beware of the possibility of fingerprinting techniques transferring DNA

Fingerprinting brushes have the potential to collect and transfer DNA during powdering. Squirrel-hair fingerprint brushes exposed to specific sets of saliva stains and brushes used in routine casework were tested for their ability to collect and transfer DNA containing material using standard DNA extraction procedures and AmpFlSTR Profiler Plus amplification and typing procedures. The tests found that the risk of transferring DNA during powdering and having a detrimental impact on the analysis increases if the examiner powders over either biological stains (such as blood or saliva) or very fresh prints and uses more sensitive PCR amplification and typing procedures. We advocate caution when powdering prints from which DNA may also be collected and provide options for consideration to limit the risk of transferred DNA contamination while fingerprinting.