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This essay evaluates the recent restatement in O’Brienv Chief Constable of South Wales Police of the law on similarfacts in civil proceedings. The two-stage approach propoundedin O’Brien contains a number of conceptual problems. Apparentsimplicity was achieved by avoiding fundamental issues underlyingthis area. Prior to the Criminal Justice Act 2003, judges recognizedthat the common law similar facts rule had a role to play inboth civil and criminal trials; but they gave the rule a widerexclusionary scope in criminal than in civil cases. Adoptionof a moral perspective helps to explain this state of affairs.The rule, so it will be argued, protects the legitimacy of trialdeliberation by forbidding reliance on an assumption that disrespectsthe moral autonomy of the person whose conduct is being judged.This moral objection can arise in civil cases; but it arisesmore frequently and usually with greater force in criminal proceedings.Hence, while there is a need to reserve some judicial powerto disallow proof of similar incidents in the civil context,there is usually less reason for the exercise of that powerin civil cases than at criminal trials.  相似文献   
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近年来网络犯罪数量呈快速上升的势头,但是却缺乏一种有效的取证方法来处理这些案件.调查人员通常依靠调查大量繁琐的源代码来了解犯罪模型及提取证据,但这种方式需要很多的人力与时间,并可能导致人为错误.为了克服调查人员可能出现的这些潜在错误,我们在本文中提出了一种半自动的方法来解决这些问题.该方法集成了用户视图(基于取证调查人员的高级别研究)和系统视图(基于对源代码的自动分析),来帮助调查人员精确调查的范围.本文应用此方法分析了一个真实案件,证明了方法的可行性,同时帮助调查人员高效地确定了调查范围和犯罪模型.可见这种半自动方法可以对大量有多个来源的电子证据进行有效分析,提高了网络犯罪案件取证的效率和可靠性.  相似文献   
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Despite developments in police psychology in North America and Europe, little is known about developments in other parts of the world. Yet, this knowledge will reinforce the development of the field of police psychology internationally and strengthen its scientific theories, practices and programs. This paper therefore traces the development of police psychology in Singapore for over two decades across four waves of development. This paper also describes the developments in three areas of police psychology (services to police officers, police operations and the police organization) and details the various police psychological services programs and services in Singapore. The paper concludes with a discussion on strategic concerns for police psychologists worldwide, arguing that there is a need to discuss the ‘what works, when and where?’ in police psychology, when it is applied across the world.  相似文献   
25.
Research in many forensic science fields commonly uses domestic pigs (Sus spp.) as proxies for human remains, due to their physiological and anatomical similarities, as well as being more readily available. Unfortunately, previous research, especially that which compares the decompositional process, has shown that pigs are not appropriate proxies for humans. To date, there has not been any published research that specifically addresses whether domestic pigs are adequate human proxies for the geophysical detection of clandestine graves. As such, the aim of this paper was to compare the geophysical responses of pig cadavers and human donor graves, in order to determine if pigs can indeed be used as adequate human proxies. To accomplish this, ground penetrating radar (GPR) and electrical resistivity tomography (ERT) responses on single and multiple pig cadaver graves were compared to single and multiple human donor graves, all of which are in known locations within the same geological environment. The results showed that under field conditions, both GPR and ERT were successful at observing human and pig burials, with no obvious differences between the detected geophysical responses. The results also showed that there were no differences in the geophysical responses of those who were clothed and unclothed. The similarity of the responses may reflect that the geophysical techniques can detect graves despite what their contents are. The study implications suggest that experimental studies in other soil and climate conditions can be easily replicated, benefiting law enforcement with missing persons cases.  相似文献   
26.
The identification of different kinds of watercolor inks is an important work in the field of forensic science. Four different kinds of watercolor ink Spectroscopy data fusion strategies (Fourier Transform Infrared spectroscopy and Raman spectroscopy) combined with a non-linear classification model (Extreme Learning Machine) were used to identify the brand of watercolor inks. The study chose Competitive Adaptive Reweighted Sampling (CARS), Random Frog (RF), Variable Combination Population Analysis-Genetic Algorithm (VCPA-GA), and Variable Combination Population Analysis-Iteratively Retains Informative Variables (VCPA-IRIV) to extract characteristic variables for mid-level data fusion. The Cuckoo Search (CS) algorithm is used to optimize the extreme learning machine classification model. The results showed that the classification capacity of the mid-level fusion spectra model was more satisfactory than that of single Infrared spectroscopy or Raman spectroscopy. The CS-ELM models based on infrared spectroscopy used to recognize the watercolor ink according to brands (ZHENCAI, DELI, CHENGUANG, and STAEDTLER) obtained an accuracy of 66.67% in the test set using all spectral datasets. The accuracy of CS-ELM models based on Raman spectroscopy was 67.39%. The characteristic wavelength selection algorithms effectively improved the accuracy of the CS-ELM models. The classification accuracy of the mid-level spectroscopy fusion model combined with the VCPA-IRIV algorithm was 100%. The data fusion method increased effectively spectral information. The method could satisfactorily identify different brands of watercolor inks and support the preservation of artifacts, paintings, and forensic document examination.  相似文献   
27.
The analysis of fingerprint chemical composition is a meaningful way to excavate the multidimensional information of fingerprint, including the donor profiling information and the age of a fingerprint, which broadens the evidential values of fingerprint, especially for the partial and distorted fingerprint. But the research remains still in the pilot phases or is ongoing. Amino acids are the dominant organic substances in latent sweat fingerprint and influenced by many donor factors. Hence, their content reflects personal information of donors. Forensic science will be revolutionized if suspects can be individualized by their amino acid content. The diverse nature, distinct physicochemical properties, and ultra-micro levels of amino acids present in fingerprints make it hard to detect. A high sensitivity method for detecting and quantifying multiple amino acid components is required. UHPLC-QqQ MS/MS offers high sensitivity, high separation, simultaneous multicomponents detection, and no derivatization, making it an ideal method for detecting and analyzing amino acids in fingerprints. Therefore, in this study, we propose and validate an efficient UHPLC-QqQ MS/MS method for the extraction and analysis of 13 amino acids from fingerprint. We compared the results of amino acids of 10 different substrates and found that the inherent amino acids in most porous substrates would have been extracted along with the fingerprint amino acids, making them unsuitable for quantitative amino acid analysis. Instead, plastic sheets are ideal substrates for laboratory studies. Then, extensive experiments were conducted among 30 donors for multidimensional information analysis. The type of samples analyzed were eccrine-rich fingerprints. A Binary Logistic Regression (BLR) model was developed, and the female and male donors were successfully differentiated by amino acids in fingerprints. Two other mathematical models were also developed to verify the accuracy, and all three different mathematical models were able to identify donors of different genders with over 90% accuracy. This demonstrates that amino acids have the potential to provide more information for donors as metabolic markers. In the future, we will conduct a series of experiments to analyze more multidimensional information for individual identification by amino acid content in the fingerprint.  相似文献   
28.
Most chemical and physical methods employed in visualizing latent marks have shown detrimental effects on human health and, therefore, some research groups have directed their attention to the utilization of various (bio)polymers with the aforementioned purpose. Although chitosan is widely used in medicine, pharmacy, food, and drug delivery systems, there are very few studies that address this biopolymer utilization in forensic applications, such as the detection of latent fingerprints. We used chitosan crosslinked with sodium tripolyphosphate and conjugated with L‐lysine to enhance the visualization of latent fingerprints, due to its ability to interact with fingerprint sweat residues. These conjugates were prepared using different (w/w) amounts of chitosan and tripolyphosphate (6/1; 4/1; 1/1; 1/4; and 1/6), and those with the most promising results (i.e., 6/1 formulation) were investigated in detail. Fourier transform infrared (FT‐IR) spectroscopy confirmed interactions between components of the systems. Optical microscopy and scanning electron microscope (SEM) analysis showed that prepared powder formulations were uniform in size and confirmed that chitosan/tripolyphosphate/lysine conjugates bind easily to the sweat and lipid residues present in the latent fingerprints. The testing of prepared conjugates demonstrated the potential of these systems as bio‐based powder substitution for commercially available powders.  相似文献   
29.
Lipstick can be an important piece of evidence in crimes like murders, rapes, and suicides. Due to its prevalence, it can be an important corroborative evidence in crime reconstruction. The analysis of such evidence can provide an evidentiary link between the suspect, the victim, object, or the crime scene. We report the use of nondestructive ATR-FTIR spectroscopy combined with chemometrics for the classification of 10 brands of lipsticks with nine samples each. Chemometric method of partial least square-discriminant analysis (PLS-DA) has been employed to interpret the data and classify the samples into their respective classes. The PLS-DA model provides an AUC figure above 0.99 in all brands except one; for which it is slightly less at 0.94. We have also tested the traces of these lipstick samples on different substrates treating them as unknowns in the already trained PLS-DA model. 100% of the samples on nine substrates viz. a cotton, nylon, plastic, dry tissue, denim (blue jeans), wet tissue, nitrile gloves, white paper, and polyester were correctly attributed to their source brand. In conclusion, the results suggest that ATR-FTIR combined with the chemometrics is a rapid, nondestructive, and accurate method for the discrimination and source attribution of lipstick. This study has potential for use in actual forensic casework conditions.  相似文献   
30.
Digital video is used in criminal trials as evidence with legal responsibility because video content vividly depicts events occurring at a crime scene. However, using sophisticated video editing software, assailants can easily manipulate visible clues for their own benefit. Therefore, the integrity of digital video files acquired or submitted as evidence must be ensured. Forensic analysis of digital video is key to ensuring the integrity of links with individual cameras. In this study, we analyzed whether it is possible to ensure the integrity of MTS video files. Herein, we propose a method to verify the integrity of MTS files encoded by advanced video coding high definition (AVCHD), which is frequently used for video recording. To verify MTS file integrity, we propose five features. Codec information, picture timing, and camera manufacture/model are modified AVI and MP4-like format video verification features. Group of pictures and Universally Unique Identifier patterns were specifically developed for MTS streams. We analyzed the features of 44 standard files recorded using all recording options of seven cameras. We checked whether integrity can be validated on unmanipulated videos recorded in various environments. In addition, we considered whether manipulated MTS files edited in video editing software could be validated. Experimental results show that all unmanipulated and manipulated MTS files with known recording devices were discriminated only when all five features were checked. These results show that the proposed method verifies the integrity of MTS files, strengthening the validity of MTS file-based evidence in trials.  相似文献   
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