Novel recovery methods for biological materials in cases of alleged sexual assault: A word of caution

Many believe that an increase in the public confidence in the investigation of sexual crimes, and in conviction rates, will lead to an increase in the reporting of these crimes. Consequently, Forensic Science Providers are continually striving to make improvements in evidence recovery and examination and the subsequent interpretation of evidence. One development is in methods that enable an individual to self-sample. However, in cases where a complainant has self-sampled, questions of when the samples were taken, how they were stored and so on, can be legitimately raised. Additionally the continuity and integrity of evidential samples may be questioned resulting in them not being acceptable to the courts and potential evidence could therefore be lost. There is a large emotional and psychological impact of sexual assault and rape and no complainant who reports a sexual assault and recovers material should have that evidence inadmissible to a court. Specialised units for victims of alleged sexual violence are available and offer far more than the recovery of evidential samples. This commentary on behalf of the Faculty of Forensic & Legal Medicine (FFLM) and the Association of Forensic Science Providers Body Fluid Forum (AFSP BFF) highlights the need for after care for the victims of sexual assault and why all evidence recovered in cases of alleged sexual assault and sexual violence should be obtained in line with best practice protocols.     

The Importance of Political Context for Understanding Civic Engagement: A Longitudinal Analysis

We contend that political context is important to consider when analyzing social capital and that context has an important but neglected impact on understanding the consequences of civic activity. Our focus is on the influence of rural, local leadership in two Minnesota communities and policies that these elites have developed to bring Internet connectivity to their citizens. One city developed a community electronic network and the other opted for an individualistic, entrepreneurial approach to information technology. Using a quasi-experimental research design and four-wave panel data, we find that elite policy approaches interact with civic activity to predict technology use among citizens, even long after the policies’ initial implementation. In the city with a community network, residents who are integrated into civic life are able to harness these political resources to become more technologically sophisticated.

Statistical Inference and Forensic Evidence: Evaluating a Bullet Lead Match

This experiment tested the ability of undergraduate mock jurors (N=295) to draw appropriate conclusions from statistical data on the diagnostic value of forensic evidence. Jurors read a summary of a homicide trial in which the key evidence was a bullet lead "match" that was either highly diagnostic, non-diagnostic, or of unknown diagnostic value. There was also a control condition in which the forensic "match" was not presented. The results indicate that jurors as a group used the statistics appropriately to distinguish diagnostic from non-diagnostic forensic evidence, giving considerable weight to the former and little or no weight to the latter. However, this effect was attributable to responses of a subset of jurors who expressed confidence in their ability to use statistical data. Jurors who lacked confidence in their statistical ability failed to distinguish highly diagnostic from non-diagnostic forensic evidence; they gave no weight to the forensic evidence regardless of its diagnostic value. Confident jurors also gave more weight to evidence of unknown diagnostic value. Theoretical and legal implications are discussed.     

Evaluation of preliminary isotopic analysis (13C and 15N) of explosives A likelihood ratio approach to assess the links between semtex samples

Currently, the use of isotopic ratio as corroborative evidence in criminal trials is explored. Beyond the analytical challenges that have been reported elsewhere, the crucial issue of the interpretation of analytical results in a fair and balanced way remains poorly documented. The aim of this paper is to propose a likelihood ratio approach for the evaluation of stable isotope data acquired from semtex samples. It will also lead to recommendations in relation to the acquisition of normalised international data.     

高校电子档案管理工作初探

随着信息产业的飞速发展，电子档案领导部门要加大对电子档案的重祝程度，为保证电子档案的完整、标准、安全和电子文件管理的高效和科学，必须由相关的制度规定和标准来支持。必须强化培训，引进和培养高素质的档案工作人员。     

当前街面“两抢一盗”案件讯问中强化证据意识的思考

在办理街面“两抢一盗”现行案件时,有些侦查人员在侦查讯问中,因为证据意识不强,所收集的证据不确实、充分,达不到《刑事诉讼法》的要求。因此,在侦查讯问中要强化证据意识,树立全程诉讼理念,明确获取证据的范围和内容,“稳、准、狠”地打击此类犯罪。     

论令状制度下取证的法律规制

令状制度作为司法抑制和人权保障的有效手段,在很多国家已成为侦查程序中不可或缺的重要组成部分。其确立不仅符合正当程序的精神,体现了人权保障和诉讼构造的完善。出于加强对侦查程序的司法审查,完善监督机制以及保障人权的需要,我国应当吸收西方令状主义的合理内容,确立令状制度和严格的非法证据排除规则,并建立相应的保障措施,以推动我国刑事诉讼程序的科学化和民主化步伐。     

浅析诉讼证据的内涵、外延和属性

诉讼证据是诉讼的核心问题，但对于诉讼证据的内涵在学术界仍存在着比较大的争议，“事实说”和“根据说”是具有代表性的两种学说；人们对于诉讼证据外延的界定也众说纷纭，存在着“证据材料”和“定案依据”的划分理论，但依然没有对诉讼证据的外延予以明确。关于诉讼证据的属性，通说认为是客观性、合法性和关联性，但实际案件中的诉讼证据并不都具有这三种属性，因此应将他们视为定案依据的判断标准。     

案例二则

《浅析现场物证检验鉴定在交通肇事案中所起的作用》（例一），面对为骗保而制造的假现场、为逃避处罚而请人冒名顶替的情况，现场物证检验鉴定可提供科学、客观的结论，进而为准确划分责任，及时处理事故提供依据；《浅析尸体解剖在交通逃逸事故处理中的重要性》（例二），面对两名驾驶员的疑问，对尸体进行解剖认定责任。