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Algorithms on Trial: Does evaluative probabilistic reporting of forensic evidence infringe the presumption of innocence? 审判中的算法:法医证据的评估概率报告是否侵犯了无罪推定?
Q1 Social Sciences Pub Date : 2025-06-19 DOI: 10.1016/j.fsisyn.2025.100591
Oriola Sallavaci
Scientific evidence plays an important role in criminal justice. Recent technological developments including the use of AI and advanced computational forensic software have made possible forensic examinations and expert opinions that previously would have been impossible. Alongside benefits, the use in criminal trials of forensic evidence based on computational technologies such as Probabilistic Genotyping (PG) DNA, is posing difficult problems for courts and has been met with controversy. This study focuses on one important aspect of the criticism surrounding the use of PG DNA evidence, which relates to the probabilistic reporting of the forensic evidence results. It explores whether the use of likelihood ratios to report evaluative expert opinions infringes the presumption of innocence. This is a fundamental question that concerns not only evidence based on advanced computational technologies such as PG DNA but all forensic disciplines where the use of likelihood ratios and probabilistic assessments of the evidence are being actively promoted. This article argues that the criticism on the use of probabilistic methods for evidence evaluation encountered in legal practice, scholarly debate, policy and legal reform documents, is founded on misunderstandings of the role and limitations of the forensic evidence, of the processes involved in arriving at an evaluative expert opinion, as well as of the meaning and scope of the presumption of innocence itself. An enhanced understanding of these fundamental issues will lead towards a better regulation of AI and forensic algorithms across jurisdictions, without diminishing the impact of the scientific evidence in criminal proceedings and beyond.
科学证据在刑事司法中发挥着重要作用。最近的技术发展,包括使用人工智能和先进的计算法医软件,使以前不可能的法医检查和专家意见成为可能。除了好处之外,在刑事审判中使用基于概率基因分型(PG) DNA等计算技术的法医证据也给法院带来了难题,并引起了争议。本研究的重点是围绕使用PG DNA证据的批评的一个重要方面,这与法医证据结果的概率报告有关。它探讨了使用似然比来报告评估专家意见是否侵犯了无罪推定。这是一个基本问题,不仅涉及基于先进计算技术(如PG DNA)的证据,而且涉及所有正在积极推广使用似然比和概率评估证据的法医学科。本文认为,在法律实践、学术辩论、政策和法律改革文件中遇到的对使用概率方法进行证据评估的批评,是基于对法医证据的作用和局限性、得出评估性专家意见所涉及的过程以及无罪推定本身的意义和范围的误解。加强对这些基本问题的理解将有助于更好地监管跨司法管辖区的人工智能和法医算法,同时不会削弱科学证据在刑事诉讼及其他方面的影响。
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引用次数: 0
Rethinking ‘Probable Cause of Death’: A comparative analysis of Physician-Certified Verbal Autopsy and Forensic Autopsy Outputs in community deaths in Lusaka, Zambia 重新思考“可能的死亡原因”:对赞比亚卢萨卡社区死亡中经医生认证的口头尸检和法医尸检结果的比较分析
Q1 Social Sciences Pub Date : 2025-06-12 DOI: 10.1016/j.fsisyn.2025.100614
Bwalya Mulenga , Chibamba N. Mumba , Nathan M. Kayonde , Cordilia M. Himwaze , Luchenga A. Mucheleng'anga
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引用次数: 0
Identifying the transition from ante-mortem to post-mortem odor in cadavers in an outdoor environment 鉴定室外环境中尸体的气味从死前到死后的转变
Q1 Social Sciences Pub Date : 2025-06-11 DOI: 10.1016/j.fsisyn.2025.100616
Darshil Patel , Wesley S. Burr , Benoit Daoust , Shari Forbes
This study investigates the transition from ante-mortem to post-mortem odor in human remains during the early post-mortem period in an outdoor environment. Three cadavers (donors) were placed at an outdoor human decomposition facility, and volatile organic compounds (VOCs) were collected and analyzed using thermal desorption coupled with comprehensive two-dimensional gas chromatography-time-of-flight mass spectrometry (TD-GC × GC-TOFMS). The key findings revealed that nitrogen-containing compounds were predominant in early post-mortem VOC profiles, driven by enzymatic and bacterial activity. Esters, alcohols, and halogenated compounds were also identified, with esters linked to microbial transformation and alcohols possibly formed by lipid peroxidation. Ante-mortem VOCs were persistent across samples, influenced by skin microbiota and environmental factors like UV radiation, complicating the detection of decomposition odor. Post-mortem VOCs became more prominent after ADD 73.4(experimental day 3), signaling the transition to the bloat stage of decomposition. Variations in sample collection methods and external factors such as temperature were found to affect VOC abundances. This study provides critical insights into odor transition and has implications for the use of search and rescue (SAR) and human remains detection (HRD) dogs. Further research is needed to standardize methods and assess odor transitions across diverse environments and seasons.
本研究调查了在室外环境中,人类尸体早期死后气味从死前到死后气味的转变。将3具尸体(供体)放置在室外人体分解设施中,采用热解吸结合综合二维气相色谱-飞行时间质谱(TD-GC × GC-TOFMS)对挥发性有机化合物(VOCs)进行收集和分析。关键发现表明,在酶和细菌活性的驱动下,含氮化合物在早期死后VOC谱中占主导地位。酯类、醇类和卤化化合物也被鉴定出来,其中酯类与微生物转化有关,醇类可能由脂质过氧化形成。受皮肤微生物群和紫外线辐射等环境因素的影响,死前挥发性有机化合物在样品中持续存在,使分解气味的检测复杂化。在ADD 73.4(实验第3天)后,死后挥发性有机化合物变得更加突出,表明尸体进入了膨胀分解阶段。样品采集方法的变化和温度等外部因素会影响VOC丰度。这项研究为气味转换提供了重要的见解,并对搜索和救援(SAR)和人类遗骸探测(HRD)犬的使用具有重要意义。需要进一步的研究来标准化方法并评估不同环境和季节的气味转换。
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引用次数: 0
Commentary on the Final report on complaint no. 23.67; Tiffany Roy; (Timothy Kalafut, PhD; evaluation of biological/DNA results given activity level propositions) 对第1号投诉最后报告的评论。23.67;蒂芙尼罗伊;(Timothy Kalafut博士;给定活动水平命题的生物/DNA结果评估)
Q1 Social Sciences Pub Date : 2025-06-01 DOI: 10.1016/j.fsisyn.2025.100592
Tiffany Roy
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引用次数: 0
Finally a really forensic worldwide standard: ISO 21043 Forensic sciences, Part 4, Interpretation 最后一个真正的法医世界标准:ISO 21043法医科学,第4部分,解释
Q1 Social Sciences Pub Date : 2025-05-29 DOI: 10.1016/j.fsisyn.2025.100589
Charles E.H. Berger
Many influential reports have highlighted the need for improvement in forensic science, calling for a better scientific foundation and quality management. A well-structured and internationally agreed-upon framework is provided by the ISO 21043 Forensic sciences standard series, the importance of which goes beyond traditional quality management. Guided by principles such as logic, transparency, and relevance, the ISO 21043-4 Interpretation standard contains requirements and recommendations, but also introduces a common language and supports both evaluative and investigative interpretation. Development of the standard aimed for the flexibility needed across diverse areas of expertise while promoting consistency and accountability, and this paper explains the standard and the principles that underpin it from an insider perspective.
Above all, ISO 21043 represents a unique opportunity to unify and advance forensic science as a discipline, and to improve the reliability of expert opinions and trust in the justice system.
许多有影响力的报告都强调了法医学需要改进,呼吁加强科学基础和质量管理。ISO 21043法医科学标准系列提供了结构良好且国际认可的框架,其重要性超越了传统的质量管理。在逻辑、透明度和相关性等原则的指导下,ISO 21043-4口译标准包含了要求和建议,但也引入了一种通用语言,并支持评估性和调查性口译。该标准的开发旨在提高不同专业领域所需的灵活性,同时促进一致性和问责制,本文从内部人员的角度解释了该标准和支撑该标准的原则。最重要的是,ISO 21043代表了统一和推进法医科学作为一门学科的独特机会,并提高了专家意见的可靠性和对司法系统的信任。
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引用次数: 0
Forensic DNA Phenotyping: Examining knowledge and operational view from police officers 法医DNA表型:检查警察的知识和操作观点
Q1 Social Sciences Pub Date : 2025-05-13 DOI: 10.1016/j.fsisyn.2025.100586
Audrée Gareau-Léonard , Vincent Mousseau , Frank Crispino , Emmanuel Milot
Forensic DNA phenotyping (FDP) is a tool predicting physical characteristics from DNA to provide investigative leads. Research has mainly focused on the development and validation of molecular marker panels and associated statistical models to predict phenotypes. However, little is known about the operational value of DNA phenotyping, as perceived by the targeted users (i.e. police officers involved in criminal investigations). We used a questionnaire to survey 163 officers across Québec (Canada), and who are involved in major crime investigations, to better understand their knowledge and opinion regarding DNA phenotyping. Their responses show that a majority (63 %) are not yet familiar with DNA phenotyping. However, most respondents (58 %) support its use, especially for crimes against the person, if proven reliable. This research emphasizes the relevance of surveying police officers during the development and implementation of such operational forensic tools, as their expectations were not entirely in line with the current and anticipated possibilities of phenotyping, particularly with regard to the most useful traits to target. Respondents consider most useful predictions on eye colour, ethnicity, age and height, whereas it is biogeographical origin that is currently predicted (even if not a phenotype), and the last two traits are difficult to accurately predict. The perspective of police officers gathered here also argues in favor of involving other actors of the justice system to better delineate the scope of FDP in criminal cases and to improve its integration throughout the judicial process.
法医DNA表型(FDP)是一种从DNA预测物理特征以提供调查线索的工具。研究主要集中在开发和验证分子标记面板和相关的统计模型来预测表型。然而,对于目标用户(即参与刑事调查的警察)所感知的DNA表型的操作价值知之甚少。为了更好地了解他们对DNA表现型的认识和看法,我们使用了一份问卷调查了加拿大魁省163名参与重大犯罪调查的警官。他们的回答表明,大多数人(63%)还不熟悉DNA表型。然而,大多数受访者(58%)支持使用它,特别是在证明可靠的情况下对人身犯罪。这项研究强调了在开发和实施这种可操作的法医工具期间调查警察的相关性,因为他们的期望并不完全符合当前和预期的表型可能性,特别是关于最有用的目标特征。受访者认为最有用的预测是眼睛颜色、种族、年龄和身高,而目前预测的是生物地理来源(即使不是表型),最后两个特征很难准确预测。聚集在这里的警察的观点也主张让司法系统的其他行为者参与进来,以便更好地界定自由民主党在刑事案件中的范围,并改善其在整个司法程序中的整合。
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引用次数: 0
Abbreviated injury scale-guided assessment of traumatic deaths: postmortem CT versus autopsy 创伤性死亡的简易损伤量表指导评估:死后CT与尸检
Q1 Social Sciences Pub Date : 2025-05-02 DOI: 10.1016/j.fsisyn.2025.100588
Kiratika Likkachai , Sirote Wongwaisayawan , Kornpira Siriwes , Wisarn Worasuwannarak

Objective

This study aimed to evaluate the diagnostic agreement between postmortem computed tomography (PMCT) and conventional autopsy in assessing injury severity and determining the cause of death using the Abbreviated Injury Scale (AIS).

Materials and methods

A retrospective analysis was conducted on 65 trauma-related fatalities that underwent both PMCT and autopsy. Injuries were classified by anatomical region and scored using AIS. Severity was categorized as minor (AIS 0–3) or major (AIS 4–6). The cause of death was determined based on either expert opinion or the highest AIS score per region. Agreement between PMCT and autopsy was analyzed using kappa statistics, correlation coefficients, and chi-square tests.

Results

Moderate agreement in AIS scoring was observed across most anatomical regions (36 %–52 %). Agreement improved substantially when classifying injuries as minor or major (78 %–86 %). The overall concordance for determining the cause of death was 33.85 % using expert opinion (κ = 0.23) and 55.38 % using AIS scoring (κ = 0.41). PMCT showed high sensitivity in detecting skeletal injuries but was limited in identifying soft tissue damage and vascular lesions, particularly in the abdomen and external surface regions.

Conclusion

PMCT demonstrates substantial agreement with autopsy in classifying injury severity, especially when guided by AIS scoring. While PMCT alone may not replace autopsy in all cases, its utility is enhanced through standardized injury scoring. PMCT may serve as a reliable adjunct or alternative in select forensic contexts, particularly where autopsy is declined or unavailable.
目的本研究旨在评价死后计算机断层扫描(PMCT)与常规尸检在评估损伤严重程度和使用简易损伤量表(AIS)确定死亡原因方面的诊断一致性。材料与方法回顾性分析65例经PMCT和尸检处理的外伤死亡病例。损伤按解剖区域分类,采用AIS评分。严重程度分为轻微(AIS 0-3)或严重(AIS 4-6)。死亡原因是根据专家意见或每个地区的最高AIS评分来确定的。采用kappa统计、相关系数和卡方检验分析PMCT与尸检之间的一致性。结果在大多数解剖区域(36% - 52%)观察到AIS评分的中度一致性。当将伤害分为轻微或严重时,一致性大大提高(78% - 86%)。采用专家意见确定死亡原因的总体一致性为33.85% (κ = 0.23),采用AIS评分确定死亡原因的总体一致性为55.38% (κ = 0.41)。PMCT在检测骨骼损伤方面具有很高的敏感性,但在识别软组织损伤和血管病变方面有限,特别是在腹部和外表面区域。结论pmct对损伤严重程度的分类与尸检结果基本一致,尤其是在AIS评分指导下。虽然PMCT本身不能在所有情况下取代尸检,但通过标准化的损伤评分可以增强其效用。PMCT可以作为可靠的辅助或替代选择法医背景下,特别是在尸检被拒绝或无法。
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引用次数: 0
Chaos theory and its applications in forensic anthropology 混沌理论及其在法医人类学中的应用
Q1 Social Sciences Pub Date : 2025-04-28 DOI: 10.1016/j.fsisyn.2025.100587
Sarajane Smith-Escudero , Angela Dautartas , Jesse R. Goliath , Shawn P. Lambert
Chaos theory, initially developed by Edward Lorenz, a mathematician and meteorologist at the Massachusetts Institute of Technology, has evolved from a theory of the natural and physical sciences to a theory that has broad, interdisciplinary applications. Fundamentally, chaos theory connects various scientific disciplines by explaining how seemingly random behaviors that happen in non-linear or “chaotic” systems, no matter how minor, can lead to major consequences. While forensic anthropology is often considered an a-theoretical subfield of anthropology, the discipline has witnessed a proliferation of theoretical publications in recent years. It engages with a variety of theories, ranging from low-level theories of archaeological recovery to high-level theories such as human evolution and adaptation to understand human variability. However, in its primacy, forensic anthropologists struggled to understand the systems and agents involved in forensic contexts. The utilization of chaos theory and non-linear systems has the potential to transform the field, providing a new lens to better understand forensic contexts. This paper will delve into the interdisciplinary ways forensic anthropology can employ chaos theory, specifically in developing a range of non-linear systems theoretical frameworks, especially in work concerning human decomposition and reconstruction of forensic contexts.
混沌理论最初是由麻省理工学院的数学家和气象学家爱德华·洛伦兹(Edward Lorenz)提出的,它已经从一种自然和物理科学理论发展成为一种具有广泛跨学科应用的理论。从根本上说,混沌理论通过解释在非线性或“混沌”系统中发生的看似随机的行为,无论多么微小,都可能导致重大后果,从而将各种科学学科联系起来。虽然法医人类学通常被认为是人类学的一个理论分支,但近年来,该学科见证了理论出版物的激增。它涉及各种各样的理论,从考古恢复的低级理论到人类进化和适应等高层次理论,以理解人类的可变性。然而,在其首要地位上,法医人类学家努力理解涉及法医环境的系统和代理人。混沌理论和非线性系统的应用有可能改变这一领域,为更好地理解法医环境提供新的视角。本文将深入探讨法医人类学可以运用混沌理论的跨学科方法,特别是在发展一系列非线性系统理论框架方面,特别是在有关法医环境的人类分解和重建的工作中。
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引用次数: 0
Policy critique: The conflation of shaken baby syndrome and abusive head trauma – a measure with several negative effects 政策批评:把摇晃婴儿综合症和虐待性头部创伤混为一谈——这一措施有几个负面影响
Q1 Social Sciences Pub Date : 2025-04-11 DOI: 10.1016/j.fsisyn.2025.100585
Niels Lynøe , Anders Eriksson
The amalgamizing of shaken baby syndrome (SBS) with the much broader and heterogeneous abusive head trauma (AHT) diagnosis is problematized. We suggest that the reason why American Academy of Pediatrics (AAP) took this step in 2009 was a response to another theory being presented and discussed from 2001 and onwards. This theory had completely different legal consequences as it suggested that the medical findings on which the SBS diagnosis were based, i.e. “the triad” (subdural hemorrhages/SDH, retinal hemorrhages/RH, and encephalopathy) were non-traumatic. If such an explanation was accepted, this would reveal not only that serious legal abuses had occurred in the past and that the pediatricians should be held responsible for this, but also that it would in the future be more difficult to protect the child by claiming abuse in cases of unclear diagnosis. We present also other steps, taken by other pediatric organizations, having similar effects upon the current SBS controversy.
We suggest that these value-based considerations were the underlying reasons why SBS was integrated in the AHT concept, and why competing theories and evidence-based criticism is ignored, allowing to always interpret triad findings as the result of abuse. If the ethical principle to protect the child is more important to AAP than the scientific ambition to develop evidence-based diagnostic procedures, we encourage AAP to be honest and admit this prioritization. Or at least to admit that in this ethical dilemma, AAP finds that the least bad choice is First of all, protect the child! despite the price is that many infants and its siblings may be separated on wrong grounds from their family, and that caregivers might be falsely accused and convicted of child abuse.
合并摇晃婴儿综合征(SBS)与更广泛和异质虐待性头部创伤(AHT)的诊断是有问题的。我们认为,美国儿科学会(AAP)在2009年采取这一步骤的原因是对2001年及以后提出和讨论的另一种理论的回应。这一理论产生了完全不同的法律后果,因为它表明SBS诊断所依据的医学结果,即“三位一体”(硬膜下出血/SDH、视网膜出血/RH和脑病)是非创伤性的。如果这种解释被接受,这不仅表明过去发生过严重的法律虐待,儿科医生应该对此负责,而且今后在诊断不明确的情况下,通过声称受到虐待来保护儿童将更加困难。我们还介绍了其他儿科组织采取的其他步骤,对当前的SBS争议产生了类似的影响。我们认为,这些基于价值的考虑是SBS被纳入AHT概念的潜在原因,也是为什么相互竞争的理论和基于证据的批评被忽视的原因,从而总是将三联症的发现解释为虐待的结果。如果对美国儿科学会来说,保护儿童的伦理原则比发展循证诊断程序的科学抱负更重要,我们鼓励美国儿科学会诚实地承认这一优先次序。或者至少承认,在这种道德困境中,AAP发现最不坏的选择是首先,保护孩子!尽管这样做的代价是,许多婴儿及其兄弟姐妹可能会因错误的理由与家人分离,看护人可能会被错误地指控并被判虐待儿童罪。
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引用次数: 0
Technical Note: A comparison of solvents for optimal extraction and morphological identification of blow flies (Diptera: Calliphoridae) from sticky traps 技术说明:粘捕器中蝇类(双翅目:蠓科)最佳提取和形态鉴定的溶剂比较
Q1 Social Sciences Pub Date : 2025-04-07 DOI: 10.1016/j.fsisyn.2025.100583
Kate M. Barnes , Mark T. Bulling , Gosia Wosik , Alana F.V. Twinn , Samara Lemon , Chloe Foreman , Kinga Babiarz , Katherine Brown
Passive sampling techniques such as sticky traps are recommended for research studies assessing colonisation patterns of forensically important flies. However, there are no standardised protocols for the optimal removal of flies to ensure accurate morphological identification to species level. This study assessed the use of four freely available solvents (mineral oil, vegetable oil, baby oil and an orange-based solvent) in terms of facilitating extraction from sticky traps, and potential effects on subsequent identification of three blow fly species of forensic importance, Calliphora vicina, Calliphora vomitoria and Lucilia sericata. Results indicated that species were differentially affected by the oils but, overall, the orange-based solvent had the least effect on the morphological features of each species, and therefore, was considered the best throughout the study. Additionally, the orientation of flies on the traps had no significant effect on the quality of morphological characteristics. It is recommended that the orange-based solvent method outlined in this paper is used for the removal of blow flies from sticky traps.
在评估具有重要法医意义的苍蝇的定殖模式的研究中,建议使用粘性诱捕器等被动采样技术。然而,目前还没有标准化的方案来对苍蝇进行最佳清除,以确保对物种进行准确的形态鉴定。本研究评估了四种可免费获得的溶剂(矿物油、植物油、婴儿油和橙色溶剂)在促进从粘性诱捕器中提取苍蝇方面的使用情况,以及对随后鉴定三种具有重要法医意义的吹蝇物种(Calliphora vicina、Calliphora vomitoria 和 Lucilia sericata)的潜在影响。结果表明,各物种受油的影响程度不同,但总体而言,橙色溶剂对各物种形态特征的影响最小,因此在整个研究中被认为是最好的溶剂。此外,诱捕器上苍蝇的朝向对形态特征的质量也没有明显影响。建议使用本文概述的橙色溶剂方法来清除粘胶诱捕器上的吹蝇。
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引用次数: 0
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Forensic Science International: Synergy
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