Comparing Methods to Assess Intraobserver Measurement Error of 3D Craniofacial Landmarks Using Geometric Morphometrics Through a Digitizer Arm

Intraobserver error (INTRA‐OE) is the difference between repeated measurements of the same variable made by the same observer. The objective of this work was to evaluate INTRA‐OE from 3D landmarks registered with a Microscribe, in different datasets: (A) the 3D coordinates, (B) linear measurements calculated from A, and (C) the six‐first principal component axes. INTRA‐OE was analyzed by digitizing 42 landmarks from 23 skulls in three events two weeks apart from each other. Systematic error was tested through repeated measures ANOVA (ANOVA‐RM), while random error through intraclass correlation coefficient. Results showed that the largest differences between the three observations were found in the first dataset. Some anatomical points like nasion, ectoconchion, temporosphenoparietal, asterion, and temporomandibular presented the highest INTRA‐OE. In the second dataset, local distances had higher INTRA‐OE than global distances while the third dataset showed the lowest INTRA‐OE.     

司法鉴定错误损害赔偿诉讼的法理基础与实证考察

鉴定机构提供司法鉴定时,发生鉴定错误在所难免.诉讼当事人因司法鉴定错误发生损害,对司法鉴定机构提起损害赔偿之诉时,实践中往往不能得到法院的支持.诉讼当事人对司法鉴定机构主张损害赔偿不仅存在侵权责任请求权基础,更存在违约责任请求权基础,发生请求权基础竞合.诉讼当事人对司法鉴定机构提起损害赔偿之诉,应以司法鉴定错误得到确认为前提.受司法既判力的约束,只能在对原案件事实的审理程序中重新进行司法鉴定.因此,诉讼当事人对司法鉴定机构提起损害赔偿之诉在程序上受到严格限制,并以此决定其可主张的损害赔偿范围.     

Medicolegal assessment of blood transfusion errors--an interdisciplinary challenge

Given a current total incidence of erroneously administered blood transfusions of 1:12,000-1:36,000 (AB0 incompatible 1:38,000), the percentage of lethal outcomes ranges between 2 and 5%; i.e. the sole fact of an erroneous transfusion does not mandatorily result in a causal connection with lethal outcome, which can give rise to problems in the medicolegal assessment. We report on the conception and results of a novel interdisciplinary approach to assess the lethal significance of blood transfusion errors. Besides autopsy, histological investigation and immunohistochemical detection of AB0 incompatible foreign red blood cells in autopsy specimens, transfusion medicine investigations offer the opportunity to assess several immunohaematologic features. We assessed the immunohaematologic gel card ("microcolumn") technique for suitability in the forensic assessment of an AB0 incompatible transfusion incident in a septic patient, who had had no history of previous blood transfusions, with lethal outcome. After such an erroneous transfusion had been simulated in vitro, pre-transfusion and cadaver patient blood samples (p.m. interval: 3 days) were analysed. Amongst other things, IgG-loaded erythrocytes were detected in pre- and post-transfusion samples; the presence of irregular antibodies directed against blood group antigens and anti-A or anti-B isoagglutinins, respectively, especially in the pre-transfusion sample was ruled out. Besides the demonstration of AB0 incompatible red blood cells in the cadaver blood sample, blood group incompatibilities other than AB0 were excluded. With regard to the cause of death, in synopsis with autopsy findings and clinical symptoms, the results did not allow for a final discrimination between the impact of the pre-existing septic inflammatory response syndrome and sepsis, respectively, and potential lethal effects of a (haemolytic) transfusion reaction. Besides pre- and post-transfusion compatibility testing in clinical transfusion medicine as required by German National Guidelines, the reported immunohaematologic investigations offer an important supportive tool for the forensic assessment of lethal erroneous transfusions and investigation of blood samples of survivors of transfusion incidents as well. Besides established morphological techniques, they allow for a certain evaluation of the pathophysiological impact of transfusion incidents as well as a diversified assessment of immunohaematologic features beyond the AB0 system.     

Investigation of Reproducibility and Error Associated with qPCR Methods using Quantifiler® Duo DNA Quantification Kit*

Abstract: Reproducibility of quantitative PCR results is dependent on the generation of consistent calibration curves via accurate volume transfers and instrument performance. A review of 14 standard curves, using two different QuantDuo^® standard DNA lots, showed variability of cycle threshold values between assays were larger than those of the Internal PCR Control (IPC). This prompted a set of experiments designed to determine the source of variability. Results showed that error introduced during DNA addition to the plate resulted in little variation. A comparison of seven independent series demonstrated cycle threshold variation between dilutions was larger than the variation expected from repeated samples. Modeling the influence of pipette errors on dilution series accuracy indicated that a more rigorous approach to external calibration curve production is required and showed that improvement in calibration curve stability is expected if the pipette conditions are carefully chosen and/or a single validated curve is utilized as the calibrator.     

侦查中影响测谎结论准确性的因素

测谎技术是当前在侦查实践中经常使用的一种技术手段,由于受主观和客观因素的影响,使得测谎结论出现偏差。本文通过对测谎技术存在误差的客观性、常见误差的分析及衡平的探究,进而对影响准确性的因素进行剖析,总结性的得出测谎准确度的使用公式。     

A Perspective on Errors,Bias, and Interpretation in the Forensic Sciences and Direction for Continuing Advancement*

Abstract: The forensic sciences are under review more so than ever before. Such review is necessary and healthy and should be a continuous process. It identifies areas for improvement in quality practices and services. The issues surrounding error, i.e., measurement error, human error, contextual bias, and confirmatory bias, and interpretation are discussed. Infrastructure is already in place to support reliability. However, more definition and clarity of terms and interpretation would facilitate communication and understanding. Material improvement across the disciplines should be sought through national programs in education and training, focused on science, the scientific method, statistics, and ethics. To provide direction for advancing the forensic sciences a list of recommendations ranging from further documentation to new research and validation to education and to accreditation is provided for consideration. The list is a starting point for discussion that could foster further thought and input in developing an overarching strategic plan for enhancing the forensic sciences.     

Eyewitness Memory in Context: Toward a Taxonomy of Eyewitness Error

Although eyewitness memory and identification have captured substantial research interest in the past decades, an understanding of the types and prevalence of errors typically made by eyewitnesses is lacking. The purpose of the present research was to begin the development of a taxonomy of eyewitness error, employing standardized stimuli and established techniques. Respondents were exposed to a crime scene modeled on SWAT-training scenarios for systematically varied exposure times, and were then asked to describe what they had seen. The stimuli and questions employed were prepared with the aid of senior police field training officers. As anticipated, eyewitness performance in general was subject to a variety of inaccuracies. Physical errors, such as mistakes in the clothing or physical characteristics of the perpetrator, or in details of the environmental context, predominated. However, other less-expected errors were also observed: in relatively low numbers of cases, witnesses inferred emotional states or intent on the part of the perpetrator or victim. Some contributed wholly artificial backstories, reported the future actions of the perpetrator or victim as memories, or even inserted themselves into the scene. The pattern of results was shown to interact with exposure time, gender of the perpetrator, and the presence or absence of weapons in the scene. The results of this study are consistent with reconfigurative theory dating to Bartlett (1932), with subsequent research, and with more recent work under the aegis of Gestalt/Feature-Intensive Processing theory. These findings provide information on types and prevalence of eyewitness error which should prove useful in investigative and courtroom settings.     

刑事证人出庭作证的误区及其出路

目前,在刑事诉讼中,证人出庭作证情况不容乐观,证人出庭作证的比例非常小,这种现象显然不利于法庭审理。为了解决证人出庭率偏低的问题,理论界和实务界一直有人提出应当提高证人出庭率。这种做法在一定程度上有其合理性。但是一味地提高证人出庭率反而是一种理论上的误区。由于证人证言未必可靠,中国多年来司法传统,质证效果难以保证等原因,片面强调证人出庭率对于查明案件事实,对公正审理刑事案件未必能够起到促进作用。关于证人出庭作证的立法也存在误区,证人资格规定过宽,证人作证义务豁免,书面证言与口头证言之间存在矛盾等原因也导致了我国目前证人出庭作证情况的乱象。走出这些误区需要从完善证据立法等多个方面入手。     

A parameter study regarding the IBIS correlator

The electronic system IBIS has been used by numerous agencies worldwide as the standard tool to compare firearm markings on bullets and fired cartridges. There is a general interest among users concerning the likelihood with which the IBIS correlator may locate hits in its databases. Test results of the performance under different test conditions have been published in various papers. Experience has also been gained with the IBIS system from years of practical usage. All of these findings are difficult to compare with each other. No systematic presentation exists that actually shows the parameters upon which the success rate of the IBIS correlator depends. There has also been no mention of what values these parameters take on during each test. This paper first generally defines the success and error rates of the IBIS correlator. The parameters used will be discussed. Results of previously published tests will be re-examined based on this methodology. An illustrative form of presentation for the success rate of an electronic comparison system will also be suggested. It will be shown that the success rate of the IBIS correlator highly depends on the quality of the firearms-generated markings. It increases with the number of considered mark types, the number of available signatures per firearm, and the number of items inspected in the hit list. The success rate decreases with the database size. The paper will conclude with a series of practical recommendations for the setting up and successful operation of an electronic collection of ballistic evidence.     

Parsimony in the Study of Tolerance and Intolerance

In replying to Mondak and Sanders, I introduce the notion of ``Kelvinist tolerance,' or an absolute absence of any intolerance whatsoever. I contend that while we can imagine such an extreme level of tolerence, in our empirical world it occurs about as frequently as the absolute zero of the Kelvin scale of temperature. Consequently, I reject the assertion of Mondak and Sanders that special statistical approaches are essential for analyzing tolerance, arguing instead in favor of parsimony in both conceptualization and analytical strategies.