Oleic Acid (OA), A Potential Dual Contrast Agent for Postmortem MR Angiography (PMMRA): A Pilot Study

Summary:Choosing proper perfusates as contrast agents is an important aspect for postmortem magnetic resonance angiography(PMMRA).However,in this emerging field,the number of suitable kinds of liquid is still very limited.The objective of this research is to compare MR images of oleic acid(OA)with paraffin oil(PO)in vitro and in ex situ animal hearts,in order to evaluate the feasibility to use OA as a novel contrast agent for PMMRA.In vitro,OA,PO and water(control)were introduced into three tubes separately and T,weighted-spin echo(Tw SE)and T2w-SE images were acquired on a 1.5T MR scanner.In the second experiment,0A and PO were injected into left coronary artery(LCA)and left ventricle(LV)of ex situ bovine hearts and their Tw-SE,Tzw-SE,Tw-multipoint Dixon(Tjw-mDixon)and 3DT2w-mDixon images were acquired.The overall results indicate that OA may have a potential to be used as a dual(T and T2 based)contrast agent for PMMRA when proper sequence parameters are utilized.However,as the pilot study was based on limited number of animal hearts,more researches using OA in cadavers are needed to validate our findings.

RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE： ＂A THREAD FOR THE PEARLS OF CHINESE EVIDENCE＂

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including： the ＂Mirror of Evidence,＂ truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People＇s Court.

Confrontation Clause after Crawford and its Impact on the Admissibility of Forensic Evidence:A Comparative Study on the United States and China

Crawford is a watershed case separating hearsay exceptions and confrontation.Overruling Roberts,Crawford established a new bright-line test for Confrontation Clause.Testimonial out-of-court statements,whether reliable or not,are inadmissible unless the prosecution has shown:(a)the declarant is unavailable and(b)the defense has a prior opportunity for cross-examination.Applying Crawford's primary purpose test,testimonial out-of-court forensic reports(usually as affidavits)might not be admissible.However,Crawford underlined that the Confrontation Clause has its independent procedural values and other nonepistemic functions.

Review and Perspective of Questioned Document Examination Research-Bibliometric Analysis Based on Visual Knowledge Mapping

Background:Questioned document examination(QDE)is a crucial sub-discipline of forensic science,and over the years,this discipline has developed a vast amount of research results and literature.However,the current studies have only reviewed the development of QDE for a period of time or a particular research direction,lacking a comprehensive review of this discipline since its origins.Aim:The aim of this study is to utilize bibliometric methods to review the history and development of QDE since 1934 and also to predict its future research trends.Materials:This study collects the literature of questioned document examination(QDE)from the Web of Science Core Collection database and uses four bibliometric analysis tools:CiteSpace,VOSviewer,SciMAT,and Bibliometric,to process relevant literature data.Methods:Through the analysis methods of journal co-citation analysis,keyword co-occurrence network analysis,literature cocitation analysis,and theme evolutionary analysis,the bibliometric data information in the QDE field is obtained,and a visualized knowledge mapping is constructed.Results:The results show that four research directions have been formed,basically.As far as the development trend of QDE research is concerned,the research field shows the change in content from cursory to detailed and in analysis from qualitative to quantitative,while the research field maintains a close relationship with chemical technology and computer science.Conclusions:The changes in QDE can be attributed to advancements in science and technology,which have influenced research methods.QDE also has a legal aspect,with a focus on enhancing scientific accuracy and evidentiary value.These developments aim to strengthen QDE’s identification power and promote its scientific and standardized growth.This will gradually enhance the reliability and strength of QDE evidence,making it more valuable in judicial practice.

Pilot Study on Associating Pen Pressure with Pen Holding Position Using Three-Dimension Property of Stroke Indentation

Objectives:The author collected several samples with Chinese characters and utilized the 3D property of stroke indentation to explore how pen strokes left on the paper can assist with forensic investigation.Methods:We chose to collect the three-dimension property of handwriting strokes and analyze strokes indentation.In this study,the author extracted stroke indentation through focus variation microscopy as implemented by AB8000.Results and Conclusion:Upon experimenting with different types of pens and different writing surface,the author found that this result can tell with a great degree of certainty whether the sample is formed with a left-hand or right-hand writer and how the pen was being held.Although there are variations among the test results,the discovered pattern generally holds for different types of pens and writing surfaces,except that the result from using felt tip pens or extremely hard surfaces are less satisfactory.These findings are expected to be able to assist in narrowing down who wrote a certain handwriting sample.

Is Magnetic Flux a Valuable Tool for the Analysis of Electrophotographic-Printed Documents?

The goal of this preliminary study was to evaluate the potential application of magnetic flux for document screening.In this investigation,we examined the homogeneity of magnetic flux over the entire page of sample documents and provided recommendations on the measurements procedure.

Accuracy and reliability of feature selection by Chinese fingerprint examiners

The selection of minutiae is a critical part of the analysis phase within the fingerprint identification methodology,known as analysis-comparison-evaluation-verification.This study assessed the accuracy and reliability of the minutiae selections of 92 Chinese fingerprint examiners during the analysis phase,absent an exemplar print,of the fingerprint identification process.Specifically,we measured the accuracy(trueness)of their annotation of minutiae,and we measured their reliability which is the reproducibility and repeatability in their annotations in one complex mark by using R software.We observed significant variation within inter-and intra-examiner annotations of the minutiae.We saw no statistically significant differences for the variability of minutiae annotations based on the participant’s sex or years of experience.

Expediting the Development of Virtopsy Identification Technology in Forensic Medicine in China

Virtopsy technology is noninvasive,noncontact,and can find potential lesions.For these reasons,it has broad application prospects in forensic pathology and forensic clinical science.The present article reviews the brief history of virtopsy development,introduces the application of virtopsy in various fields of forensic medicine,summarizes the current situation regarding virtopsy in China,and puts forward suggestions for strengthening planning,setting standards,strengthening assistance,and promoting scientific research.

From De Facto Fact-finder to Expert Witness? Transition of Forensic Examination in China

Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant changes.This paper seeks to examine the major themes of these changes in the context of the continued conceptual reformulation and structural realignment of civil and criminal procedures and the ongoing effort to codify evidence law with transforming impact on China's judicial system and culture.Emphasis is given to the transition of the forensic examination system from an officially(both administrative and judicial)administered fact-finding mechanism with powerful impact on the courts'truth-seeking activities to,at least partially,an expert witness system with significant participation and control by the parties5 to judicial proceedings.A convergence of influence from both the continental inquisitorial tradition and the common law adversarial structure appears to have strongly informed the process and direction of the Chinese forensic examination reform.This paper attempts to explain the reasons for this convergence of influence,identify the trend and direction of this development,and provide observations and suggestions for further improvement of the forensic examination system in several key aspects with particular reference to the legal principles and judicial practices under the Federal Rules of Evidence of the United States.

Reformation of the Judicial Appraisal Adoption System used by Party Institutions Entrusted by the Investigation Agency in Criminal Proceedings

The new requirements of trial-centered litigation in China are a concrete manifestation of the reform of the rule of law under Xi Jinping’s new socialist era.The effective implementation of judicial appraisal lays a solid foundation for the correct identification of facts,accurate conviction,and sentencing,and technically,it should guarantee a fair trial.However,in practice,judicial appraisal opinion carries the risk of a diminished trial that deviates from the trial-centered requirement to substantiate a charge and can easily lead to unjust cases.This paper seeks to discuss the system of identification of property loss involved in criminal proceedings,which is implemented by a third‑party appraisal institution entrusted by the investigation agency,and highlights the fact that the third-party appraisal institutions in judicial practice are currently reliant on cooperative thinking,but countenance the lack of a mechanism for effective accountability,and the court’s propensity for theirsupport.This leads to the verification components of the trial being depreciated,which may lessen the validity of the appraisal opinion(substantiation).In response to this problem,the author hopes to provide some suggestions to assist third-party appraisal agencies in the completion of judicial appraisal and achievement of their trial‑centered reform goal by rationalizing the relationship between the investigation agency and identification institution,establishing a hierarchical accountability mechanism,and improving the rules governing testimony in court.

Estimation of the Postmortem Interval Using Chromatographic Fingerprints of Volatile Organic Compounds from Muscle

Estimation of the postmortem interval(PMI)is a crucial task in the field of forensic pathology and has unfortunately not been properly resolved.In this study,we analyzed volatile organic compounds(VOCs)in rat muscle samples collected at different PMIs and studied the feasibility of muscle VOC fingerprinting as a new method for PMI estimation.In total,110 rats were sacrificed and stored at a constant temperature(25℃).Rat skeletal muscle samples were collected at 0-10‑day postmortem,and then the VOCs were determined using a method of headspace solid‑phase microextraction coupled with gas chromatography‑mass spectrometry.The correlations between the VOCs(species and quantities)and PMIs were carefully analyzed and standard muscle VOC fingerprints at 25℃were established for different PMIs.To further test the accuracy of muscle VOC fingerprinting as a method for PMI estimation,ten additional rats with known PMIs were studied.We identified 15 kinds of VOCs and the number of VOC species increased with the PMI.The total peak areas of the VOCs increased significantly with the postmortem day(adjusted R^(2)=0.96-0.97).The mean error of the VOC fingerprinting for PMI estimation was 0.5 days and the mean relative error was 8.33%.We concluded that muscle VOC fingerprinting combining the use of VOC species and peak areas is accurate and effective and could be used as an alternative approach for PMI estimation in forensic practice.Although the preliminary results are encouraging,further studies in human cadavers under real case conditions are needed.

Analysis of Errors in Forensic Science

Reliability of expert testimony is one of the foundations of judicial justice.Both expert bias and scientific errors affect the reliability of expert opinion,which in turn affects the trustworthiness of the findings of fact in legal proceedings.Expert bias can be eliminated by replacing experts;however,it may be more difficult to eliminate scientific errors.From the perspective of statistics,errors in operation of forensic science include systematic errors,random errors,and gross errors.In general,process repetition and abiding by the standard ISO/IEC:17025:2005,general requirements for the competence of testing and calibration laboratories,during operation are common measures used to reduce errors that originate from experts and equipment,respectively.For example,to reduce gross errors,the laboratory can ensure that a test is repeated several times by different experts.In applying for forensic principles and methods,the Federal Rules of Evidence 702 mandate that judges consider factors such as peer review,to ensure the reliability of the expert testimony.As the scientific principles and methods may not undergo professional review by specialists in a certain field,peer review serves as an exclusive standard.This study also examines two types of statistical errors.As false‑positive errors involve a higher possibility of an unfair decision‑making,they should receive more attention than false‑negative errors.

THE ADMISSIBILITY OF PRE-TRIAL TESTIMONIAL TRANSCRIPTS： A DISCUSSION OF PRACTICE IN CHINA AND IN THE INTERNATIONAL CRIMINAL TRIBUNALS

In Chinese criminal procedure, the issues of illegally obtained evidence and witnesses not appearing in courtroom are under fire, which is partly rooted in the fact that the Chinese courts do not limit the admissibility ofpre-trial testimonial transcripts in judicial practice, zealously pursue the ＂truth of fact＂ while disregard defendant＇s right to confront. Focusing on the admissibility ofpre-trial testimonial transcripts, the article will first analyze the current legislations and judicial practice in China, then from a comparative perspective introduce the corresponding written testimony rules of the International Criminal Tribunal （Court） which distinguishes the admissibility of different categories of written testimony, with an aim of both protecting the criminal defendant＇s right of confrontation and pursuing truth in fact-finding. The practice in International Criminal Tribunal （Court） provides a good starting point for China to rethink its own practice and learn from.

The Role of Forensic Examination at Trials in China

Expertise gains increasing acceptance and importance at trials in China.Currently,the forensic examination quality management system of China has been preliminarily established.There are problems,however,for example,laws and regulations related with forensic examination are not comprehensive,forensic institutes pursue their own economic profits excessively and judges sometime have undue blind faith in scientific evidence in fact-finding.These are hindering forensic examination from being put into full play duly.In 2005,the Decision of the Standing Committee of the National People's Congress on the Administration ofForensic Examination strengthened the neutrality of forensic institutes.The Criminal Procedure Law and the Civil Procedure Law revised in 2012 initially set up the expert assistant system,which is expected to break the excessively credulous but unjustified belief in scientific evidence and solve pertinent problems.We need to focus on the following aspects:First and foremost developing a unified set of rules on forensic examination;secondly,judges need to strengthen their own ability to review scientific evidence and determine its reliability;thirdly,we should actively promote fundamental legal education refonn to remedy the insufficiency of legal understanding of forensic science;and finally,the existing expert assistant system must be further improved to help judges and litigants efiectively to identify and use expertise.

A Study on the Model of Fact‑Finding in Criminal Investigation

Fact‑finding,as the foundation of a judicial decision,has been an important consideration in China’s judicial reform.This study introduces the theory of evidence‑based information and falsification methods in the fact‑finding procedure of criminal investigations and proposes a paradigm for fact‑finding using combined pairs of approaches:individual evidence examination and global analysis,the objective basis and subjective perception of fact‑finders,and methods of verification and falsification.The working procedure of the paradigm is illustrated with the objective of making a contribution to the improvement of the existing model of fact‑finding in the criminal justice process.

The Rational Thinking of Expert Opinion and Communicating in Courtroom

Since the past half century,expert testimony has played an increasingly important role in Chinese litigation.As the amount of expert testimony has grown,the issues about its admissibility and scientific foundation related to evidence are becoming to be questioned commonly.Since eighteenth central committee(China)adopted the decision of the Central Committee of China on several important issues in promoting the legal system,the evidence was redefined to become the predominance in the whole proceeding.This article reviews the expert knowledge implicit in the opinions.It argues that the expert opinions ask judges to be aware of the role of communicationg between participants.Expert opinion is not only gained from laboratory,but also socially constructed in the rational expression and communication,which requir us think logically in terms of legal perceptions of science and expert knowledge in the empirical world.

An Alternative to the Adversarial:Studies on Challenges of Court-appointed Experts

At present,experts have become a mainstay of modern litigation,although criticisms suggest that the problems of how to fit expert knowledge comfortably into the method of adversarial fact-finding are numerous,significant,and without simple solutions.Concerns about partisanship and lack of scientific competence by adjudicators to evaluate contradictory expert testimony have been widely recognized in the traditional use of party-called expert witnesses.While such concerns cannot be wholly ameliorated,there may be alternative mechanisms that can help.One solution would be to call for the use of neutral court-appointed experts,to create a nonpartisan source of expert knowledge.A system of neutral court-appointed experts is an advisory tribunal to the court that could deliver“those general truths,applicable to the issue,which they may treat as final and decisive.”However,no matter in which country,the choice of appointing neutral experts still seems to be a rare option for trial judges to consider and exercise.An obvious question would be:Why are neutral experts not used more frequently at trial?This paper did a study on court-appointed experts,with a focus on challenges that such mechanism faces.Part Ⅰ examines problems in the traditional use of expert witnesses in an adversarial system.Part Ⅱ discusses the incentives to make greater use of court-appointed experts in a typical adversarial system and to what extent such mechanism would solve difficulties within the traditional use of party-called expert witnesses.Part Ⅲ further explores and analyzes obstacles that a typical neutral expert system nowadays encounters when it operates in practice.Taking all analysis together,Part IV makes an overall evaluation of the mechanism of court-appointed experts.

On Trends of the Role Transition from Expert Assistant to Expert Witness

In the context of Chinese evidence law,the role of the expert asistant is to"offer opinion on the forensic expertise or specialized issues."This role is multiple facet,somewhat similar to a lawyer's role,and to some extent similar to that of a forensic expert or a witness.For this simple reason,the views on the legal status of opinions of the expert assistant also vary from“cross-examination method,""forensic expertise"to"witmess tcstimony."This confusion regarding the role of the expert assistant often results in ifcultics in deciding whether to admit the expert assistant opinion as evidence at trial.The regulation that the expert assistant opinion"can be taken as evidence for determining facts of a case after cross-examination"stipulated in Paragraph 2 of Article 15 of the Supreme People's Court Interpretation of the Law in the Conduct of Environmental Civil Public Interest Litigations promulgated in 2015 could be seen as trends of a transition in the role of the expert assistant towards that of the expert witness.This article atempts to analyze reasons,sigificance,and prospects of sucha transition,and give suggestions to improve the application of examination rules for the expert winess and admissibility rules for scientifc evidence.

Identification of the Mislabeled Breast Cancer Samples by Mitochondrial DNA Haplotyping

The task to identify whether an archival malignant tumor specimen had been mislabeled or interchanged is a challenging one for forensic genetic&The nuclear DNA(nDNA)markers were affected by the aberration of tumor cells,so they were not suitable for personal identification when the tumor tissues were tested.In this study,we focused on a new solution-mitochondrial single nucleotide polymorphism(mtSNP)haplotyping by a multiplex SNaPshot assay.To validate our strategy of haplotyping with 25 mtSNPs,we analyzed 15 pairs of cancerous/healthy tissues taken from patients with ductal breast carcinoma.The haplotypes of all the fifteen breast cancer tissues were matched with their paired breast tissues.The heteroplasmy at 2 sites,14783A/G and 16519C/T was observed in one breast tissue,which indicated a mixture of related mitochondrial haplotypes.However,only one haplotype was retained in the paired breast cancer tissue,which could be considered the result of proliferation of tumor subclone.The allele drop-out and allele drop-in were observed when 39 STRs and 20 tri-allelic SNPs of nDNA were applied.Compared to nDNA markers applied,25 mtSNPs were more stable without interference from aberrance of breast cancer.Also,two cases were presented where the investigation of haplotype with 25 mtSNPs was used to prove the origin of biopsy specimen with breast cancer.The mislabeling of biopsy specimen with breast cancer could be certified in one case but could not be supported in the other case.We highlight the importance of stability of mtSNP haplotype in breast cancer.It was implied that our multiplex SNaPshot assay with 25 mtSNPs was a useful strategy to identify mislabeled breast cancer specimen.

INTERACTIONS BETWEEN NATIONAL JUDICIAL PRACTICE AND SUPRANATIONAL LEGAL VALUES:REFLECTIONS ON CHINA'S EVIDENCE LEGISLATION DEVELOPMENT

Like other civil law countries,China does not have an evidence code.Its evidence rules are scattered among respective procedural codes.Since the beginning of this century,Chinese scholars and practitioners have engaged in a movement toward specialized evidence legislation.During this movement,a good number of judicial interpretations,amendments to existing procedural laws,and experimental drafts