论侦查实验结果的诉讼证明力

侦查实验是我国刑诉法规定的一项侦查措施,在侦查破案以至整个刑事诉讼过程中发挥着其他侦查措施难以替代的重要作用。侦查实验结果具有证据的属性,其证明价值要结合个案情况具体分析。虽然不同法系对侦查试验规则的立法方式和具体内容规定不同,但我们应加以借鉴,以便建立我国的科学、公正、文明的侦查试验证据规则。     

CRIMINAL PROPENSITY,DEVIANT SEXUAL INTERESTS AND CRIMINAL ACTIVITY OF SEXUAL AGGRESSORS AGAINST WOMEN: A COMPARISON OF EXPLANATORY MODELS*

Three hypotheses have been used to describe the male propensity for sexual aggression towards women: a general propensity to offend, a specific propensity to sexually offend and a combination of both. In this paper, using structural equation modeling, we compared the relative utility of these three hypotheses in explaining criminal activity in adulthood of sexual aggressors of women. In total, 209 adult males who were convicted of at least one sexual offence were included in the study. Results indicate that a propensity model emphasizing the role of an early and persistent general propensity to act in an antisocial manner during childhood and adolescence is most adequate to explain sexual aggressors' criminal activity. After controlling for the role of this propensity, a specific propensity characterized by high sexualization and deviant sexual interests explained only a modest proportion of variance of the sexual criminal activity.     

Screening Biological Stains with qPCR versus Lateral Flow Immunochromatographic Test Strips: A Quantitative Comparison using Analytical Figures of Merit

Biological fluid identification is an important facet of evidence examination in forensic laboratories worldwide. While identifying bodily fluids may provide insight into which downstream DNA methods to employ, these screening techniques consume a vital portion of the available evidence, are usually qualitative, and rely on visual interpretation. In contrast, qPCR yields information regarding the amount and proportion of amplifiable genetic material. In this study, dilution series of either semen or male saliva were prepared in either buffer or female blood. The samples were subjected to both lateral flow immunochromatographic test strips and qPCR analysis. Analytical figures of merit—including sensitivity, minimum distinguishable signal (MDS) and limit of detection (LOD)—were calculated and compared between methods. By applying the theory of the propagation of random errors, LODs were determined to be 0.05 μL of saliva for the RSID? Saliva cards, 0.03 μL of saliva for Quantifiler^® Duo, and 0.001 μL of semen for Quantifiler^® Duo. In conclusion, quantitative PCR was deemed a viable and effective screening method for subsequent DNA profiling due to its stability in different matrices, sensitivity, and low limits of detection.     

Rapid Localization of Bone Fragments on Surfaces using Back‐Projection and Hyperspectral Imaging

Manual localization of bone fragments on the ground or on complex surfaces in relation to accidents or criminal activity may be time‐consuming and challenging. It is here investigated whether combining a near‐infrared hyperspectral camera and chemometric modeling with false color back‐projection can be used for rapid localization of bone fragments. The approach is noninvasive and highlights the spatial distribution of various compounds/properties to facilitate manual inspection of surfaces. Discriminant partial least squares regression is used to classify between bone and nonbone spectra from the hyperspectral camera. A predictive model (>95% prediction ability) is constructed from raw chicken bones mixed with stone, sand, leaves, moss, and wood. The model uses features in the near‐infrared spectrum which may be selective for bones in general and is able to identify a wide variety of bones from different animals and contexts, including aged and weathered bone.     

Validation of Real‐time PCR Assays for Bioforensic Detection of Model Plant Pathogens

The U.S. agricultural sector is vulnerable to intentionally introduced microbial threats because of its wide and open distribution and economic importance. To investigate such events, forensically valid assays for plant pathogen detection are needed. In this work, real‐time PCR assays were developed for three model plant pathogens: Pseudomonas syringae pathovar tomato, Xylella fastidiosa, and Wheat streak mosaic virus. Validation included determination of the linearity and range, limit of detection, sensitivity, specificity, and exclusivity of each assay. Additionally, positive control plasmids, distinguishable from native signature by restriction enzyme digestion, were developed to support forensic application of the assays. Each assay displayed linear amplification of target nucleic acid, detected 100 fg or less of target nucleic acid, and was specific to its target pathogen. Results obtained with these model pathogens provide the framework for development and validation of similar assays for other plant pathogens of high consequence.     

Morphometric Comparison of Clavicle Outlines from 3D Bone Scans and 2D Chest Radiographs: A Shortlisting Tool to Assist Radiographic Identification of Human Skeletons

This paper describes a computerized clavicle identification system primarily designed to resolve the identities of unaccounted‐for U.S. soldiers who fought in the Korean War. Elliptical Fourier analysis is used to quantify the clavicle outline shape from skeletons and postero‐anterior antemortem chest radiographs to rank individuals in terms of metric distance. Similar to leading fingerprint identification systems, shortlists of the top matching candidates are extracted for subsequent human visual assessment. Two independent tests of the computerized system using 17 field‐recovered skeletons and 409 chest radiographs demonstrate that true‐positive matches are captured within the top 5% of the sample 75% of the time. These results are outstanding given the eroded state of some field‐recovered skeletons and the faintness of the 1950's photofluorographs. These methods enhance the capability to resolve several hundred cold cases for which little circumstantial information exists and current DNA and dental record technologies cannot be applied.     

Improving Sex Estimation from Crania Using a Novel Three‐dimensional Quantitative Method,,

This study utilizes an innovative 3D approach to discover metric variables that obtain the highest classification rates for sex estimation from the cranium. Models were constructed from 222 cranial CT scans of U.S. Whites from the Bass Donated Collection. These models were used to create a statistical bone atlas that captures the primary shape variation in the skull and facilitates rapid computer‐automated analyses. The bone atlas showed that important size‐related sex variables are bizygomatic breadth, maximum cranial length, cranial base length, and mastoid height. Shape‐related variables capture sex differences in the projection of the glabellar region, inclination of the frontal, and cranial base flexion. In addition, vault thickness is highly dimorphic, with females having on average thicker vaults in the frontal region, and males having thicker vaults in the occipital region. Cross‐validated linear discriminant analysis obtained >95% accuracy (97.5% with 11 variables and 95.5% with eight variables).     

Phenolphthalein False‐Positive Reactions from Legume Root Nodules

Presumptive tests for blood play a critical role in the examination of physical evidence and in the determination of subsequent analysis. The catalytic power of hemoglobin allows colorimetric reactions employing phenolphthalein (Kastle‐Meyer test) to indicate “whether” blood is present. Consequently, DNA profiles extracted from phenolphthalein‐positive stains are presumed to be from blood on the evidentiary item and can lead to the identification of “whose” blood is present. Crushed nodules from a variety of legumes yielded phenolphthalein false‐positive reactions that were indistinguishable from true bloodstains both in color quality and in developmental time frame. Clothing and other materials stained by nodules also yielded phenolphthalein false‐positive reactivity for several years after nodule exposure. Nodules from leguminous plants contain a protein (leghemoglobin) which is structurally and functionally similar to hemoglobin. Testing of purified leghemoglobin confirmed this protein as a source of phenolphthalein reactivity. A scenario is presented showing how the presence of leghemoglobin from nodule staining can mislead investigators.     

Women Victims of Violent Partners: The Italian Situation Amid Culture and Psychopathology

In 2006, the Italian National Institute of Statistics (ISTAT) conducted a survey over the entire national territory of women victims of sexual, physical, and psychologic violence, a few years after the first survey, conducted in 2002. For the 2002 survey, respondents were 60,000 women, 22,759 of whom were aged 14–59 years. For the 2006 survey, the sample consisted of 25,000 women aged 16–70 years. Owing to the sensitivity of the issues, the telephone survey technique seems best suited because it provides more anonymity and guarantee of protection. The survey showed that the phenomenon of violence against women is most commonly perpetrated by the partner or ex‐partner, even in cases of homicide. A comparison of the Italian data with those of the U.S.A. for the period 2001–2006 showed a specificity of Intimate Partner Violence in Italy, that seems to be related to cultural elements and psychologic and psychopathologic factors.