司法鉴定领域分类和能力范围表述的国内外比较研究

对司法鉴定领域开展科学、有效的分类,进行统一规范的能力范围表述,有助于建立完整的司法鉴定标准化体系,能为司法鉴定机构合理规划组织结构、准确定位发展方向提供指引,也能为司法鉴定行业管理部门的规范化管理提供帮助。对该领域分类和能力表述开展国内外比较分析,是实现上述目标的基础性研究。目前我国在司法鉴定领域的分类方法尚未统一,与国外法庭科学认可分类方法相比,尚有部分项目未纳入分类范围之内;国内能力范围表述在目的、方式、详细程度上与国外相比亦有不同。本文对国内外行业管理组织和国际权威认可机构司法鉴定领域分类及能力范围表述进行了比较分析,研究解析其内容及差异,并提出了制定司法鉴定领域分类国家标准、扩展司法鉴定领域分类内容、适时调整司法鉴定能力范围表述内容等建议。     

UPLC-MS/MS法同时检测全血中16种除草剂

目的建立全血中16种除草剂的超高效液相色谱-串联质谱(UPLC-MS/MS)同时检测方法,为除草剂中毒案事件及其他刑事案件血液中该16种除草剂的检验鉴定提供依据。方法取200μL的血液,加入800μL乙腈-水(体积比80/20),进行蛋白沉淀后,采用Acquity BEH C18(2.1mm×100mm,1.7μm)色谱柱,以水(5mmol/L的甲酸铵,0.1%的甲酸)-乙腈为流动相进行梯度洗脱,采用电喷雾离子源(ESI)、多反应监测(MRM)正离子模式对16种化合物进行检测。结果在1~200ng/mL范围内线性关系良好,R2均大于0.996;基质效应(ME%)为85.2%~104.4%,相对标准偏差(RSD%)为0.72%~4.84%;仪器检出限(IDLs)为0.2~2 ng/mL(信噪比S/N≥3),方法检出限(MDLs)为0.5~3ng/mL(信噪比S/N≥3),最低定量限(LOQs)为1~7ng/mL(信噪比S/N≥10)。结论本实验建立的全血中16种除草剂同时检验方法,前处理简便快捷、回收率高、精密度好、方法检出限低,可作为该16种除草剂中(投)毒案件的检验方法。     

Internet mediated crimes and theoretical approaches

Purpose: in the literature, the term ‘Internet crime’ has been coined to indicate the scenario in which a victim of homicide or other crimes is met through a chat room, and lured to death at the hands of the murderer. Various criticisms have been made of this new concept, on the grounds that the outcome is no different from that of other crimes committed without the use of Web resources, and so the method used has no particular influence. Indeed, it has been claimed that informatic crime just reflects a technological change in the nature of crime rather than a new form of criminal behavior attributable to the use of the Internet for criminal purposes. Method: our reflections were prompted by our experience as expert forensic psychiatry witnesses in three cases in which the aggressors had confessed to having had an exclusively virtual relationship with the victims, in which they spent a lot of time daily in a chat room. Conclusion: this scenario offers points for reflection on the nature of Web-mediated victim–aggressor interactions, to assess the effects on the planning and commission of the crime. Discussion. it’s our opinion that there really is such a thing as Internet-correlated crime, because in this case the quality and quantity of the Internet interactions progressively altered the men’s perception of the real relationship between themself and their victims.     

Community-based forensic child and adolescent mental health services in England,Scotland and Wales: a national mapping exercise

Aim: We sought to ascertain the current nature of specialist community mental health provision for young people presenting with risk of harm to others or involvement with the youth justice system in England, Wales and Scotland. Methods: Questionnaire-based survey. Results: Fifty-five services were contacted, 48 responded and 35 of these were found to be providing some form of community mental health provision to high-risk young people. Thirteen services provided comprehensive community forensic child and adolescent mental health (FCAMH) services, whilst the remainder offered more ad hoc clinical input. Amongst the comprehensive FCAMH services, staffing, function, commissioning arrangements and population served varied widely. Conclusions: There is patchy geographical provision of comprehensive community FCAMH services across England, Scotland and Wales with heterogeneous commissioning arrangements, staffing and function. Development of a national commissioning strategy for community FCAMH services is required to ensure that the complex needs of high-risk young people are adequately addressed.     

Moral wrongfulness and insanity: a New Zealand sample

Introduction: This study sought to identify the common characteristics amongst defendants found legally insane, compared to those who were psychiatrically evaluated yet convicted of their crime. Method: A retrospective review of court-ordered psychiatric court reports and legal outcomes was conducted, for all defendants referred for insanity evaluations in the largest city in New Zealand (and its surrounding rural regions) for a 7-year period. Results: The majority (60%; 37) of those referred for evaluation were found legally insane. The opinion regarding moral wrongfulness was the single factor that differentiated successful insanity defendants from those who were found guilty. Conclusions: Despite the centrality of the insanity defence to forensic psychiatry, few studies internationally consider characteristics of those found insane, particularly in comparison with those who are found guilty. Psychiatrically evaluated defendants in this sample were relatively homogenous, perhaps due to the court liaison nurse screening process.     

《永久性残损评定指南（第六版）》实践应用指南

本文以美国医学会《永久性残损评定指南（第六版）》为基础,介绍了在美国司法实践中,应用功能丧失比例评价人体功能丧失程度的关键概念、原则和基本原理。以期为我国法医临床学研究、借鉴《永久性残损评定指南》进行残损评定提供依据。     

Fatal Fentanyl Patch Misuse in a Hospitalized Patient with a Postmortem Increase in Fentanyl Blood Concentration

Opioid‐related mortality happens, even in healthcare settings. We describe serial postmortem fentanyl blood concentrations in a hospital inpatient who fatally abused transdermal fentanyl. This is a single‐patient case report. A 42‐year‐old man with lymphoma was started on transdermal fentanyl therapy while hospitalized for chronic abdominal pain. The patient was last seen awake 1.3 h prior to being found apneic and cyanotic. During the resuscitation attempt, a small square‐shaped film was removed from the patient's oropharynx. Femoral blood was collected 0.5 and 2 h postmortem, and the measured fentanyl concentration increased from 1.6 to 14 ng/mL. Study limitations include potential laboratory or collection errors and missing data. (i) Providers must be vigilant for signs of fentanyl patch abuse. (ii) Postmortem blood concentrations are not static postmortem, likely secondary to decreasing pH, increased aqueous solubility, and tissue redistribution, and are therefore unlikely to accurately represent antemortem blood concentrations.     

A New Anti‐forensic Scheme—Hiding the Single JPEG Compression Trace for Digital Image

To prevent image forgeries, a number of forensic techniques for digital image have been developed that can detect an image's origin, trace its processing history, and can also locate the position of tampering. Especially, the statistical footprint left by JPEG compression operation can be a valuable source of information for the forensic analyst, and some image forensic algorithm have been raised based on the image statistics in the DCT domain. Recently, it has been shown that footprints can be removed by adding a suitable anti‐forensic dithering signal to the image in the DCT domain, this results in invalid for some image forensic algorithms. In this paper, a novel anti‐forensic algorithm is proposed, which is capable of concealing the quantization artifacts that left in the single JPEG compressed image. In the scheme, a chaos‐based dither is added to an image's DCT coefficients to remove such artifacts. Effectiveness of both the scheme and the loss of image quality are evaluated through the experiments. The simulation results show that the proposed anti‐forensic scheme can verify the reliability of the JPEG forensic tools.     

Comparison of the Columnar‐Thin‐Film and Vacuum‐Metal‐Deposition Techniques to Develop Sebaceous Fingermarks on Nonporous Substrates,

Both the columnar‐thin‐film (CTF) and the vacuum‐metal‐deposition (VMD) techniques for visualizing sebaceous fingermarks require the deposition of a material thereon in a vacuum chamber. Despite that similarity, there are many differences between the two techniques. The film deposited with the CTF technique has a columnar morphology, but the film deposited with the VMD technique comprises discrete islands. A split‐print methodology on a variety of fingermarked substrates was used to determine that the CTF technique is superior for developing fingermarks on clear sandwich bags and partial bloody fingermarks on stainless steel. Both techniques are similar in their ability to develop fingermarks on glass but the CTF technique yields higher contrast. The VMD technique is superior for developing fingermarks on white grocery bags and the smooth side of Gloss Finish Scotch Multitask^? tape. Neither technique worked well for fingermarks on black garbage bags.     

The Accuracy of Handheld Pre‐Arrest Breath Test Instruments as a Predictor of the Evidential Breath Alcohol Test Results

Drunk driving is a serious threat to public safety. All available and appropriate tools for curbing this threat should be employed to their full extent. The handheld pre‐arrest breath test instrument (PBT) is one tool for identifying the alcohol‐impaired driver and enforcing drunk driving legislation. A set of data was evaluated (n = 1779) where the PBT instrument was employed in drunk driving arrests to develop a multivariate predictive model. When maintained and operated by trained personnel, the PBT provides a reasonable estimate of the evidential test result within the relevant forensic range (95% prediction interval:  ± 0.003 g/210 L). ROC analysis shows that a multivariate model for PBT prediction of the evidentiary alcohol concentration above versus below the legal limit of 0.08 g/210 L has excellent performance with an AUC of 0.96. These results would be of value in evidential hearings seeking to admit the PBT results in drunk driving trials.