论犯罪心理生理检测结论

犯罪心理生理检测的主题测试结论是通过比较分析相关反应、参照反应、基础反应的相对强度形成的,不受被测人员心理素质影响;系统测试结论是综合至少5个独立且互补的主题测试结论形成的,基本排除了随机性因素的影响,至少具备95％以上的准确性。犯罪心理生理检测结论至多理解成被测人员是否了解案情,可以做间接证据使用,不能理解成被测人员是否实施了犯罪,不可以作为直接证据使用。     

劳动争议案件司法精神病鉴定研究

目的探讨劳动争议案件的司法精神病鉴定的现状及发展趋势。方法回顾性分析1990～2001年156例劳动争议案件司法精神病鉴定中的被鉴定人一般资料、案由、委托方、鉴定时机、病史、鉴定结论等情况。结果44.2%的被鉴定人处于30～39岁,委托方多为法院(68.6%),大多数案件由家属和法院申请鉴定;终(中)止合同的案件占75.7%,劳动报酬的案件大幅度上升;争议起始至申请鉴定平均相距21.9个月,12个月以内的占69.2%;鉴定诊断精神分裂症82例(51.3%),无精神病16例(10.2%),结论与既往临床诊断一致的占91.2%;评定为有、限制、无行为能力的比例分别为23.7、23.1和52.6%。结论近年来劳动争议案件在数量、案由、鉴定时机等方面发生较大变化,有关民事行为能力的评定应引起司法精神病学界关注。     

谈轮胎印痕显现技术研究的现状

轮胎印痕是痕迹检验中经常遇到的一类痕迹。现有轮胎印痕显现手段的基本思路主要来自足迹的显现方法。文章介绍了当前轮胎印痕显现技术的现状及其存在的问题,并通过对比轮胎印痕与足迹之间的异同,提出对轮胎印痕应该有一套针对性的显现提取程序。     

海量电子数据审查的实现路径

有效解决海量电子数据审查这一难题,既是一线办案检察官面临的急迫需求,也是工程技术领域长久未能实现突破的领域。实践中,既要平衡电子数据量大与办案时限紧张之间的矛盾,还要面临检察官主动审查运用电子数据的意识低、相关专业技术人员力量薄弱以及缺乏相关的专业指引等突出问题。通过梳理司法办案通用模型,研究司法诉讼对电子数据价值挖掘的精准需求场景,利用人工智能和大数据技术建立与完善检察办案审查证据的知识图谱,实现对电子数据蕴含诉讼价值的深度和高效挖掘,是突破该问题的有益思考。     

公权力优位文化对我国检察制度改革的影响

公权力优位是中国权力文化的特点之一。尽管当代社会在生产方式、社会结构及伦理基础方面均发生实质性变迁,但公权力优位的传统文化至今仍然深刻禁锢并影响着现代人特别是广大官员的思维模式、行为习惯和交往方式。比如过度适用刑法解决民事行政事务、“官本位”思想及公权力过度介入市民社会等都是典型例证。当前,检察制度改革应当以公权力优位传统文化为突破口,在刑事诉讼中要注意宽缓刑事政策的适用和加强人权保障;要进一步强化检察机关对职务犯罪的侦查权力;进一步拓展和加强检察机关对行政权的检察监督,把行政权力“装进”制度的“铁笼里”。     

Validation of LAB color mode as a nondestructive method to differentiate black ballpoint pen inks

Nondestructive digital processing methods such as lab color mode (available in Adobe Photoshop) are emerging as alternative methods for forensic document examiners to use when attempting to differentiate writing instrument inks. Although these techniques appear to be viable, little data currently exists regarding the known or potential error rates associated with these techniques. Without adequate data, the validity and reliability of these techniques, including lab color, can not be established. In an attempt to begin to address these issues, 44 black ballpoint ink pens were obtained and used to create 990 pen-pair samples for analysis using established lab color mode techniques. No erroneous findings of "different" were reported following the examination of the known pen-pair combinations in which the same pen was used to create the samples (n = 44). Of the remaining 946 samples, 737 pen-pair samples were differentiated using the lab color mode method, while 209 samples were unable to be differentiated and were recorded as either being "similar" (n = 153) or "unsure" (n = 56). Comparison of the lab color mode results with the results obtained through additional testing using traditional infrared reflectance and infrared luminescence test methods showed that lab color differentiated 102 pen-pair samples (11%; 102/946) that were not differentiated using a VSC-4C.     

Performance Evaluation of a Registered Ballistic Database Using the Evofinder® System

Firearms for police in China are registered along with their fired bullets and cartridge cases. A Registered Ballistic Database (RBD) of 1000 Norinco QSZ‐92 pistols with registered ammunition was established and was evaluated through the Evofinder® system. In this research, 1000 bullets and 1000 cartridge cases were randomly selected and correlated against an RBD of 2996 bullets and 2999 cartridge cases. Examiners found that successful identifications all ranked 1st, supported with land (100%), groove (97%) engraved areas, and primary marks (85.6%) for bullets, and firing pin impressions (99.8%), and breech face marks (99.9%) for cartridge cases. Two known matches (KM) for the same pistol rank in the top two (100%). The distribution of similarity scores varies from marks; however, the Evofinder® system could still effectively distinguish known matches from known nonmatches (KNM) for either bullets or cartridge cases. This study demonstrates the efficiency of the RBD.     

Preliminary Studies on the Absorbance Ratio Method Used to Determining the Age of Stamp‐pad Ink Seal

Stamp‐pad ink seals are often placed on important documents, and determining the dating of stamp‐pad ink seal is important to assess the authenticity of a document. In this study, 20 different brands and types of stamp‐pad inks were classified by ultraviolet visible spectrophotometer. Six different brands and types of papers were classified by micro‐Fourier transform infrared spectrometer and visual spectral comparator 6000. Three different brands of stamp‐pad inks and two different types of paper were used to make diachronic samples of the seals. A method was employed to date the stamp‐pad seals by comparing absorbance ratios and inks of known age. Curves were created to show the relationship between the absorbance ratio of ink and the age of the seals. The experimental results showed that the absorbance ratio method was applicable for the relative dating of stamp‐pad ink seals in some cases where the seal was placed on the document within 10 weeks.     

Development and Validation of a Virtual Examination Tool for Firearm Forensics, ,

The transition from 2D imaging to 3D scanning in the discipline of firearms and toolmark analysis is likely to provide examiners an unprecedented view of microscopic surface topography. The digital examination of measured 3D surface topographies has been referred to as virtual microscopy (VM). The approach offers several potential advantages over traditional comparison microscopy. Like any new analytic method, VM must be validated prior to its use in a crime laboratory. This paper describes one of the first validation studies of virtual microscopy. Fifty‐six participants at fifteen laboratories used virtual microscopic tools to complete two proficiency‐style tests for cartridge case identification. All participating trained examiners correctly reported 100% of the identifications (known matches) while reporting no false positives. The VM tools also allowed examiners to annotate compared surfaces. These annotations provide insight into the types of marked utilized in comparative analysis. Overall, the results of the study demonstrate that trained examiners can successfully use virtual microscopy to conduct firearms toolmark examination and support the use of the technology in the crime laboratory.     

The Effect of pH on Electrolyte Detection of Fingermarks on Cartridge Cases and Subsequent Microscopic Examination

Cartridge cases may contain deposited fingermarks when the firearm was loaded ( http://www.nij.gov/pubs-sum/225320.htm , J Forensic Sci, 53 , 2008 and 812). Cartridge cases can be individualized with microscopic examination. However, heat and friction degrades the deposited fingermark on the fired cartridge cases, if any on the surface. Also, unfired and fired cartridge cases are made of metal, which is a nonporous surface that does not retain fingermarks well ( http://www.nij.gov/pubs-sum/225320.htm ). This study tests the effects of pH level on fingermark clarity on brass fired and unfired cartridge cases and microscopic striation examination (MSE). Two trials were performed to determine the optimal pH in fingermark clarity for both types of cartridges. This was performed through immersion in six pH range solutions from dilutions of sulfuric acid and sodium hydroxide for 24 h for the purpose of enhancing the fingermarks on the metal. The use of the optimal neutral pH level is suggested because immersion of the cartridge cases in pH 1–3 and 3–5 affects MSE.