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.     

The identification investigation of the material evidence of biological origin after multifactorial exposure

The possibility of investigating pieces of material evidence of biological origin after exposure to various factors is evaluated. The possibility of detecting proteins of liquid media of human organism by electrophoresis in polyacrylamide denatured gel is investigated. The method is intended for identification of biological material in a state of grave destruction. Methodology of such studies is proposed. The data indicate that the structural integrity and qualitative composition of the spectrum of main serum proteins are retained after combined exposure to damaging factors and complete destruction of blood cells.     

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.     

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.     

技术侦查所获材料的证据能力考察

技术侦查虽然在实践中大量存在，但中国现行法律无力制约技术侦查，其合法性一直颇受争议。因此，通过这些手段获得的材料是否具有证据能力就成为当前司法实践中一个退退两难的问题。追严重妨碍了法院查明案件事实真相、制约了办案效率、影响当事人正当权益的实现。只有通过刑事诉讼立法明确技术侦查的合法性，进而解决其所获材料的证据能力问题，才是摆脱实践困难的最佳途径。     

“专家失灵”及对策建议

党的十六届四中全会明确指出“要完善专家咨询制度,实行决策的论证制和责任制,防止决策的随意性”。它体现了专家参与政府公共决策的必要性和重要性。实践中专家决策参与活动取得了明显成效但也存在某些问题。“专家失灵”是其中最集中最典型的问题。本文通过“专家失灵”原因的探究试图寻找到相应的补救措施,以期实现专家决策参与的科学性和有效性。     

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。     

The investigation of the density of human hair in the forensic medical expert assessment of its similarity

Principally new, simple and objective method for investigation of human hair density is suggested. Hair identity in relation to a concrete person can be confirmed or excluded by statistical processing of the results obtained.     

论专家证据的性质与地位

专家证据的主客观统一性、事实针对性和证明相对性的特点,决定了专家证据具有证据资料、证据方法的性质.由于诉讼的过程就是运用证据查明案件事实的过程,现代诉讼中,一切事实必须用证据加以证明,这一观念早已经成为一项重要的"证据裁判原则"或者"证据裁判主义"的诉讼原则.法官通过借助专家发表意见来协助其认定案件事实,专家证据就成为作为证据材料引入到诉讼中的必然,并且具有查明案件事实,解读其他证据,鉴别和认定其他证据的诉讼功能.     

Peculiarities of detection and evaluation of the persistence of tetraethyltiuram disulfide in the biological material

Optimal conditions for the identification and quantitative determination of tetraethyltiuram disulfide in "fresh" and putrefactive tissues of cadaverous liver are described for the purpose of TLC, HPLC, and IK-spectrophotometry following extraction of the compound of interest with ethyl acetate and its purification on a silicagel L column, 40/100 mcm. The persistence of tetraethyltiuram disulfide in the cadaverous tissues was evaluated. It was shown that the period during which tetraethyltiuram disulfide can be detected in the autopsied tissues decreases from 203 to 28 days with a rise in temperature from -15 degrees C to +36 degrees C.     

Cognitive and contextual influences in determination of latent fingerprint suitability for identification judgments

We examined forensic fingerprint examiners' suitability determinations of latent fingerprints comparing situations in which the latent is assessed solo (in isolation) versus situations in which it is presented alongside a comparison (matching or non-matching) exemplar print. The presence of a non-matching comparison exemplar led examiners to be more inclined to draw the conclusion that the latent was suitable for comparison compared to when the latent was presented solo. This effect persisted even when the latent presented was highly unsuitable for comparison. The presence of a matching comparison exemplar led examiners to be less likely to decide that the latent was suitable and more likely to decide the latent was questionable compared to solo analysis. This effect persisted even when the latent presented was highly suitable, suggesting a strong main effect. Knowledge of another examiner's previous determination that the latent was unsuitable was found to increase the likelihood that the examiner would conclude that the latent was unsuitable. However, knowledge of a previous “suitable” determination by another examiner did not increase the likelihood of a “suitable” conclusion by examiners. The finding that effects were weaker, although not entirely removed, in those with IAI certification suggests that training may be an appropriate route for reducing the effect of contextual influence and bias in suitability determinations. It was also shown that latent prints that were previously classed as "unsuitable" in a non-biasing context, continued to be judged to be "unsuitable" in a strongly biasing context (a major case in which a previous examiner was purported to have made an Individualization).     

Successful extraction of human genomic DNA from serum and its application to forensic identification

We report here on the successful extraction of human genomic DNA from a serum sample in a forensic case. The extracted DNA was successfully used for the identification of remains presumably immersed for more than three weeks for which the only comparison sample was a 250-microL serum aliquot kept frozen in a laboratory. The analysis made it possible to identify a second victim as the daughter of the first.     

制度的借鉴与创制——"法庭之友"与专家法律意见

"法庭之友"制度有助于法庭作出符合社会公正价值愿望的裁判,提升司法民主化,已成为英美对抗制诉讼文化不可或缺的重要组成部分.中国不存在与其完全相同的对应物,但是中国司法民主化的其他形式历来有之,近年来流行的法律专家论证意见书与美国"法庭之友"书状在制度价值、论证内容、法律地位等方面具有共同性,我们应当借鉴"法庭之友"制度的成功经验.将我国专家法律意见制度规范化.     

扩增Amelogenin基因用于生物检材种属鉴定

目的扩增Amelogenin基因测定血痕或组织的种属,以确定在法医学检验中的应用价值。方法收集猪、羊、马等10几种常见动物的血痕或肌肉组织,应用PCR扩增Amelogenin基因,PAGE电泳,银染后观察结果。结果哺乳动物猪、牛、狗、羊、马、驴动物血痕扩增产物为1条带,片段长度102bp。猕猴检见106bp和112bp两条带,与人血痕没有区别。兔、猫、鼠血痕未检出特异性片段。其它常见物种鳝鱼、青蛙、鸭、鹅、鸽、鹌鹑、麻雀等均未见扩增产物。结论扩增Amelogenin基因进行种属鉴定,方法简单,灵敏度高,可应用于法医检案。     

The standard of care and expert evidence of accepted practice in medical negligence

The topic of this article is the perennial issue in medical negligence litigation of various kinds of the extent to which it is a defence to a charge of lack of reasonable care that the defendant's conduct complied with accepted professional practice. Recent English interpretations of the controversial Bolam principle are considered, before the current approach of the courts and the Health and Disability Commissioner in New Zealand is described, using case illustrations. In New Zealand expert medical opinion of accepted practice is relevant to, but not conclusive of, the standard of care. There is, however, more freedom than pursuant to the current English approach for a decision-maker to reject expert opinion of accepted practice, because he or she is able to examine not just the logical defensibility of the practice but its overall reasonableness, including where the practice involved a risk assessment on a matter of clinical judgment. A decision to reject expert opinion of accepted practice is more readily made in areas which do not involve assessment, diagnosis and treatment.