裁判上之类比推论辨析

裁判上类比推论的妥当性,取决于裁判者对类比点的选择,以及如何确定被比较个案的特征。与一般类比不同的是,裁判者必须考察法规范所隐含的价值判断,运用评价才能展开法律上的类推。因此,虽然类推适用具有逻辑推论的形式,但其实质是一种可辩驳的论辩性论证。类比推论的关节和难点,是规范事实和个案事实之间的"相似性"判断,这需要裁判者观照构成要件理论和类型理论,综合各种与类推相关的司法技术,在规范与事实、方法与结果之间寻求一种反思性平衡。     

基于协同推理原则的刑侦专家系统

研究表明,关系映射反演原则(RMIP)是开发专家系统的非常重要工具。自动推理定映结构和协同推理的有机结合,会产生犯罪映射反演的学习系统。基于RMI原则可以描述刑侦推理的过程。     

保险法上的因果关系认定与司法推理——以意外死亡保险为例

保险法上的因果关系认定,其目的在于界定保险人的赔付责任范围,其背景是保险合同已对保险人的承保范围和除外责任都做出了规定。事实上,在保险案件中,法院在认定因果关系时,往往已融入了对保险合同条款的价值判断。在意外死亡保险中,有关因果关系认定的司法实践充分说明了这一点。在当代社会,法院在认定保险法上的因果关系时,应遵循保护被保险人的合理期待的原则。     

论司法证明中的推定

推定是司法证明的重要方法之一,其与推理和推论是相互联系、相互依存的.根据不同的标准,可以将推定分为立法推定与司法推定;可反驳的推定与不可反驳的推定等种类.     

类比推理在侦查工作中的应用

类比推理是科学研究中常用的方法之一,也是人们发现和认识新事物的方法之一。在侦查工作中,类比推理发挥着非常重要的作用。侦查工作需要综合思维能力,更需要富有想象力的类比推理。     

Reasons for Lack of Consensus in Forensic Pathologist Interpretation of Photographs of Patterns of Injury of the Skin,

In a previous study, a survey‐based analysis of pathologist diagnoses of patterned injury in which participants were asked makes diagnoses from photographs in the absence of history or context. The level of consensus was low. A follow‐up survey was created to ask those who responded to the first survey why they answered as they did or why they were unsure of their answers. The most common reason for lack of consensus was that the lesion was nonspecific. Responses invoking ambiguity were more common than those that indicated a confident difference in diagnosis. There were differences between demographic groups, with age and experience being most prominent. These findings suggest that differences in image interpretation do not generally reflect firm differences in diagnosis as much as differing ways of dealing with ambiguity in the absence of history and context. A third survey will study the effect of the addition of contextual information.     

Impact of aging on fingerprint ridge density: Anthropometry and forensic implications in sex inference

The variation in the epidermal ridge's width between the sexes, during various growth stages, and among different populations has been previously assessed. However, the changes that occur with aging are barely known.The goal of this study was to analyse the degree of variation in epidermal ridge width due to aging. So that, fingerprint ridge density was estimated to establish their relationship with body and hand size changes that typically occur in adulthood.In this study, a sample of 213 adults of both sexes from a Spanish native population of different age ranges—18–30?years old (“junior” group) and 50–66?years old (“senior” group)—was used. Ridge density was assessed in three counting areas of the distal phalanx of each finger (radial, ulnar, and proximal). Height, weight, and a set of anthropometric measurements for both hands were also taken.Our results show that ridge density is higher in females than males throughout adulthood and decreases with aging in the radial and ulnar areas (as the hands widen) but not in the proximal region. Thus, a relationship between hand dimensions and ridge density was found.The data indicate that aging changes may conceal the recognized sex differences in ridge density, and so a better understanding of the topological variations in the epidermal ridge width throughout the life cycle and the factors involved would facilitate the interpretation of the differences between the sexes and different age groups.     

A response to Busey & Klutzke (2022): Regarding subjective assignment of likelihood ratios

Busey & Klutzke (2022) states that “Morrison (2012) has argued that the likelihood ratio need not be quantitative but could be based on the expert’s subjective evaluation.” The statement appears to suggest that Morrison (2012) argued in favour of subjective assignment of likelihood-ratio values. This interpretation of Morrison (2012) is incorrect.