科学与法律领域的真相

审判过程并非仅仅是为了"查明真相"。自从美国的法律系统开始使用科学证人以来,法律领域就面临着混乱的局面。自从Frye规则到Daubert标准再到Kumho Tire标准,乃至发展为修改后的《联邦证据规则》702条,尽管法律系统经历了上述诸多努力,人们仍然不会相信法律系统能够从科学信息中获得预期的收益。科学主张和理论或真或假,它们的真或假是一个客观的问题。法律裁决可以断定法律真理为真,也可以断定"所谓的科学真理"为真。只有科学命题所描述的自然界现象和事件的性质——而非有关证据可靠性的法律裁决,也非法庭上的论证和交叉询问——能够证明真的科学命题为真,证明假的科学命题为假。     

刑事诉讼中私人不法取得证据之证据能力研究

私人不法取证是私人以非法侵犯被取证人合法权利的方式取得证据的行为。私人不法取证本质上是一种侵权行为，但与公权机关非法取证存在诸多不同。关于私人不法取得的证据是否具有证据能力的不应排除说、法秩序一元说、权衡理论等诸家学说中，权衡理论更具有合理性。针对我国当前立法对私人不法取证问题规定的空白，应根据权衡理论对私人不法取证进行分类排除。     

Building informal knowledge‐sharing relationships between policy makers and academics: Insights from a PM&C engagement project

This article outlines an innovative project to encourage knowledge sharing and engagement between academics and a policy team within the Department of the Prime Minister and Cabinet (PM&C). The project was designed to enhance policy advice by drawing on a group of academics outside the policy ranks to act as a sounding board, to question, and provide differing perspectives within the policy process of crafting advice to government. External expertise and particularly academic research has the potential to improve evidence‐based policy but often fails to be specific or timely for those at the “pointy end” of policy decision making. An informal knowledge sharing framework has the potential to improve the exchange of information through confidential and targeted conversations between researchers and public servants as one way of overcoming these barriers.     

Mobilising evidence in public policy: The contribution of the evidence provider

This article contributes to the conceptualisation of evidence‐based policy through providing a framework of the key factors that influence research utilisation, including those that shape the quality of evidence provided. We apply this framework to an analysis of public policy to regulate the remuneration of freight truck drivers to improve workplace safety in their industry. Recent policymaking concerning the regulation of truck drivers’ remuneration in Australia provides an opportunity to examine the quality and utilisation of research evidence by external evidence providers in opposing political contexts. This article suggests the need for informed and vigilant scrutiny of the contributions of evidence providers to government policymaking, particularly in the case of wicked policy problems about which there are sustained ideological differences that underpin problematisation, research interpretation, and conceivable policy solutions.     

域外毒品鉴定错案成因分析与防范借鉴

近年来,域外毒品鉴定错案高发,深刻暴露出毒品鉴定管理的内源性问题,值得我国相关领域工作人员借鉴。本文首先概述了毒品鉴定的特点;其次,根据近年来美国、加拿大、英国等地出现的典型毒品鉴定错案,对相关成因做系统梳理,为提升毒品鉴定管理质量、降低毒品鉴定错案的负面影响提供参考依据。本文将鉴定错案分为"错误"和"失误"两大类,并提出了通过提升实验室内部管理、加强实验室外部监督以及落实鉴定意见的质证认证等环节,预防毒品鉴定错案的系统方法。对于防范毒物毒品错案的发生具有重要的参照意义。     

Characteristics and dose-effect relationship of clinical gamma-hydroxybutyrate intoxication: A case series

Gamma-Hydroxybutyrate (GHB) overdoses cause respiratory depression, coma, or even death. Symptoms and severity of poisoning depend on blood-concentrations and individual factors such as tolerance. A retrospective case study was conducted, evaluating GHB intoxication cases. GHB-concentrations in blood and urine were determined by gas chromatography-mass spectrometry (GC-MS) along with, in part, via enzymatic assay. GHB-concentrations, demographic data, and additional drug use, as well as specific clinical information, were evaluated. The correlation between GHB-levels in blood and associated symptoms were examined. In total, 75 cases originating from the Emergency Departments (EDs) of Hamburg and surrounding hospitals were included. Fifty-four of the patients (72%) were male. The mean GHB-concentration in blood was 248 mg/L (range 21.5–1418 mg/L). Out of the group with detailed clinical information (n = 18), the comatose group (n = 10/18) showed a mean of 244 mg/L (range 136–403 mg/L), which was higher than that of the somnolent and awake patients. Of the comatose collective, 70% (n = 7) showed co-use of one or more substances, with the additional use of cocaine being the most frequently detected (n = 5). In conclusion, a moderate dose-effect relationship was observed, although, there was some overlap in dosage concentration levels of GHB in awake and comatose patients. In GHB-intoxication cases, co-use was common as were clinical effects such as acidosis, hypotension, and impact on the heart rate. Timely analytical determination of the GHB-concentration in blood could support correct diagnosis of the cause of unconsciousness.     

Near-infrared spectroscopy combined with chemometrics to classify cosmetic foundations from a crime scene

Cosmetic smears are a form of trace evidence that can link the crime scene, suspects, and victims. Foundation and lipstick are the most common sources of cosmetics that can easily smear, with most current research focused on the evidential analysis of lipsticks. This research aims to create a database of cosmetic foundations on different materials and to access the robustness of using Near-infrared with chemometrics as a non-destructive technique to identify unknown samples collected from a crime scene. Small amounts of six shades of three brands of foundations were smeared on clothing materials, which were then analysed with a combination of Near-infrared with chemometric analysis. Principle component analysis (PCA) was used to reduce data dimensionality and explore potential patterns in sample separation and Linear Discriminant Analysis (LDA) was utilised to assign unknown samples to one of the established classes. The selected techniques proved to be promising for database construction and as a preliminary method of analysis, with 93% of the spectra being correctly classified. Notably, darker foundation shades were less likely to be correctly classified (90% classified correctly) compared to lighter ones (96.7% classified correctly). This could not be improved with Standard Normal Variate (SNV) data pre-treatment or selecting specific NIR regions. This finding is of particular importance; according to the Crime Survey for England and Wales (year ending March 2020) police recorded sexual offences demonstrated that those in Mixed and Black or Black British ethnic groups were significantly more likely to be a victim of sexual assault compared to White, Asian or Other ethnic groups. It is, therefore, crucial to add a wide range of foundation shades, particularly of darker tones, to the future database.     

论测谎结论的证据价值

测谎技术的产生时间并不长,但其在诉讼活动中的应用却日趋增多,对测谎结论的证据价值的争议也开始在法学界显现。在我国,应以与时俱进的态度看待测谎结论,在了解测谎技术科学性的基础上,将测谎结论设定为鉴定结论形式中的"有限采用"辅助证据,从而更好地为司法实践提供帮助。     

论隐性采访所取得的采访资料的证据资格

新闻记者隐瞒自己的身份或意图 ,以“偷拍偷录”的手段进行隐性采访是否合法 ?以此种手段获得采访资料在法律上是否具有作为证据的资格 ?本文针对上述问题进行了详细的分析 ,指出了新闻记者“偷拍偷录”行为的非法性及以此种手段获得的采访资料是一种以非法手段私录的视听资料 ,但只要它与案件的事实具有关联性 ,就应当具有证据资格。     

对刑事证据开示制度几个问题的探讨

随着我国刑事庭审方式由法官主导的审问制向控辩双方主导的对抗制的转变,建立刑事证据开示制度已成为我国刑事诉讼中亟待解决的问题.在借鉴他国的刑事证据开示的实践经验基础之上,并结合我国的法律和司法实际,我国的刑事证据开示制度应坚持以下原则在开示原则上实行双向开示;在开示范围上实行不对等开示;在开示时间上实行阶段性开示;开示方式上实行直接与间接相结合开示.此外,还应建立相应的保障机制以确保刑事证据开示制度的实施.