{"title":"基于IRMS的证据通过了测试","authors":"Sean Doyle, Thuan Chau, John Howa","doi":"10.1016/j.scijus.2023.10.002","DOIUrl":null,"url":null,"abstract":"<div><p>At the two latest FIRMS (The Forensic Isotope Ratio Mass Spectrometry Network Ltd) conferences, presentations were made describing the status of IRMS based evidence in criminal proceedings [S. Doyle, T. Chau and J. Howa, IRMS based evidence passes the ‘test’ (aided by FIRMS) – an important milestone, in: <em>8th FIRMS Conference</em>, 2022; J. Ehleringer, J. Howa and T. Chau, Stable isotope evidence in the U.S. courts, in: <em>7th FIRMS Conference</em>, 2019].</p><p>One of those cases was of particular significance in that it established the admissibility of IRMS (isotope ratio mass spectrometry) based expert testimony having satisfied the US Federal Rule of Evidence (FRE)702 ‘Testimony by Expert Witnesses’ in the State of Colorado. While specific to the State of Colorado and the particulars of the case, the admissibility of IRMS based evidence in other cases might be supported by such a ruling.</p><p>This paper provides the detail of the process by which IRMS based evidence was found to be admissible and in so doing also provides practical guidance on how to satisfy FRE 702 and meet a Daubert challenge. It also highlights the role of approval by the FIRMS Network of both practitioners and their methods in support of admissibility [The FIRMS Network Ltd., FIRMS Approved Practitioners, [Online]. Available: <span>https://www.forensic-isotopes.org/fafp.html</span><svg><path></path></svg> [Accessed 11 May 2023].].</p></div>","PeriodicalId":49565,"journal":{"name":"Science & Justice","volume":null,"pages":null},"PeriodicalIF":1.9000,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"IRMS based evidence passes the test\",\"authors\":\"Sean Doyle, Thuan Chau, John Howa\",\"doi\":\"10.1016/j.scijus.2023.10.002\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>At the two latest FIRMS (The Forensic Isotope Ratio Mass Spectrometry Network Ltd) conferences, presentations were made describing the status of IRMS based evidence in criminal proceedings [S. Doyle, T. Chau and J. Howa, IRMS based evidence passes the ‘test’ (aided by FIRMS) – an important milestone, in: <em>8th FIRMS Conference</em>, 2022; J. Ehleringer, J. Howa and T. Chau, Stable isotope evidence in the U.S. courts, in: <em>7th FIRMS Conference</em>, 2019].</p><p>One of those cases was of particular significance in that it established the admissibility of IRMS (isotope ratio mass spectrometry) based expert testimony having satisfied the US Federal Rule of Evidence (FRE)702 ‘Testimony by Expert Witnesses’ in the State of Colorado. While specific to the State of Colorado and the particulars of the case, the admissibility of IRMS based evidence in other cases might be supported by such a ruling.</p><p>This paper provides the detail of the process by which IRMS based evidence was found to be admissible and in so doing also provides practical guidance on how to satisfy FRE 702 and meet a Daubert challenge. It also highlights the role of approval by the FIRMS Network of both practitioners and their methods in support of admissibility [The FIRMS Network Ltd., FIRMS Approved Practitioners, [Online]. Available: <span>https://www.forensic-isotopes.org/fafp.html</span><svg><path></path></svg> [Accessed 11 May 2023].].</p></div>\",\"PeriodicalId\":49565,\"journal\":{\"name\":\"Science & Justice\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.9000,\"publicationDate\":\"2023-11-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Science & Justice\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S1355030623001016\",\"RegionNum\":4,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"MEDICINE, LEGAL\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Science & Justice","FirstCategoryId":"3","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S1355030623001016","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"MEDICINE, LEGAL","Score":null,"Total":0}
引用次数: 0
摘要
在最近的两次FIRMS(法医同位素比质谱网络有限公司)会议上，介绍了基于IRMS的证据在刑事诉讼中的地位[S]。Doyle, T. Chau和J. Howa，基于IRMS的证据通过了“测试”(在事务所的帮助下)——一个重要的里程碑，见:第八届事务所会议，2022;J. Ehleringer, J. Howa和T. Chau，美国法院的稳定同位素证据，第7届FIRMS会议，2019。其中一个案例具有特别重要的意义，因为它确定了基于IRMS(同位素比质谱)的专家证词的可采性，并满足了美国联邦证据规则(FRE)702在科罗拉多州的“专家证人证词”。虽然具体到科罗拉多州和案件的细节，但在其他案件中基于IRMS的证据的可采性可能得到这样一项裁决的支持。本文提供了基于IRMS的证据被认定为可接受的过程的细节，这样做也为如何满足FRE 702和应对Daubert挑战提供了实用指导。它还强调了事务所网络对执业人员及其方法的批准在支持可受理性方面的作用[事务所网络有限公司，事务所批准执业人员，[在线]。可获取:https://www.forensic-isotopes.org/fafp.html[2023年5月11日访问]。
At the two latest FIRMS (The Forensic Isotope Ratio Mass Spectrometry Network Ltd) conferences, presentations were made describing the status of IRMS based evidence in criminal proceedings [S. Doyle, T. Chau and J. Howa, IRMS based evidence passes the ‘test’ (aided by FIRMS) – an important milestone, in: 8th FIRMS Conference, 2022; J. Ehleringer, J. Howa and T. Chau, Stable isotope evidence in the U.S. courts, in: 7th FIRMS Conference, 2019].
One of those cases was of particular significance in that it established the admissibility of IRMS (isotope ratio mass spectrometry) based expert testimony having satisfied the US Federal Rule of Evidence (FRE)702 ‘Testimony by Expert Witnesses’ in the State of Colorado. While specific to the State of Colorado and the particulars of the case, the admissibility of IRMS based evidence in other cases might be supported by such a ruling.
This paper provides the detail of the process by which IRMS based evidence was found to be admissible and in so doing also provides practical guidance on how to satisfy FRE 702 and meet a Daubert challenge. It also highlights the role of approval by the FIRMS Network of both practitioners and their methods in support of admissibility [The FIRMS Network Ltd., FIRMS Approved Practitioners, [Online]. Available: https://www.forensic-isotopes.org/fafp.html [Accessed 11 May 2023].].
期刊介绍：
Science & Justice provides a forum to promote communication and publication of original articles, reviews and correspondence on subjects that spark debates within the Forensic Science Community and the criminal justice sector. The journal provides a medium whereby all aspects of applying science to legal proceedings can be debated and progressed. Science & Justice is published six times a year, and will be of interest primarily to practising forensic scientists and their colleagues in related fields. It is chiefly concerned with the publication of formal scientific papers, in keeping with its international learned status, but will not accept any article describing experimentation on animals which does not meet strict ethical standards.
Promote communication and informed debate within the Forensic Science Community and the criminal justice sector.
To promote the publication of learned and original research findings from all areas of the forensic sciences and by so doing to advance the profession.
To promote the publication of case based material by way of case reviews.
To promote the publication of conference proceedings which are of interest to the forensic science community.
To provide a medium whereby all aspects of applying science to legal proceedings can be debated and progressed.
To appeal to all those with an interest in the forensic sciences.
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