Ⅷ. (Forensic Appraisal)
Forensic evidence has played a role in many Canadian wrongful convictions. In 2007, the Supreme Court held in a 4:3 decision that post-hypnosis (催眠后) identifications should not be admitted because of their unknown reliability and the risk of wrongful convictions. This decision presents a potential for Canadian courts to place stricter reliability-based restrictions on the admissibility of expert evidence including unreliable forensic evidence offered by the state. At the same time, various inquiries have made many important recommendations about reforming the practice of the forensic sciences. Many of these recommendations have been implemented, though the tendency has been to do so on a discipline-by-discipline and jurisdiction-by-jurisdiction basis.
A number of wrongful convictions in Canada have been caused by faulty forensic evidence. There are two main ways to respond to such dangers. One is by reforming the production of the state’s forensic evidence. The other is for the courts to place reliability based restrictions on the admissibility or content of forensic evidence offered by the state. The Commission of Inquiry into Proceedings Against Guy Paul Morin in its 1998 report found that Ontario’s Forensic Centre for Forensic Science had made numerous mistakes in the production of hair and fibre evidence that purported to link Mr. Morin to the murder before his DNA exoneration. This inquiry heard testimony that Crown prosecutors had assumed that the Centre was infallible despite finding problems in contamination of evidence and the misuse of published research. Many reforms were introduced at that central crime laboratory in Ontario in the wake of the highly publicized inquiry. A decade later, a similar inquiry was held in the neighbouring province of Manitoba when hair comparison evidence was again refuted by DNA testing. The Manitoba inquiry heard that the Royal Canadian Mounted Police labs had stopped conducting hair comparison evidence in light of more advanced DNA testing, but stopped short of recommending that such hair comparison evidence be inadmissible. It also did not recommend that the crime laboratories be separated from the police. Finally, it suggested that it did not have jurisdiction to order a national audit of cases that relied on hair comparison evidence, even though the province of Manitoba had conducted such an inquiry.
Many of the same themes found in the Morin inquiry which focused on hair and fibre comparison evidence re-emerged a decade later when the Ontario Commission of Inquiry into Forensic Pediatric Pathology (the Goudge Inquiry) recommended similar reforms to the practice of forensic pathology.
79. After the Supreme Court decision in 2007, the admissibility of forensic evidence became ___.
80. Which of the following is NOT the way to respond to the dangers of wrongful conviction?
81. One finding in common in the inquiry of the provinces of Ontario and Manitoba is that ___.
82. The underlined word “theme” can be replaced by the following word in the context ___.
问题1选项
A.stricter
B.more reliable
C.more reliability based
D.more expertise
问题2选项
A.Hair comparison evidence is inadmissible.
B.The state’s forensic evidence production should be reformed.
C.Various inquiries should be earned out to make recommendations about reforming the practice of the forensic sciences.
D.The courts should impose reliability based restrictions on the admissibility or content of forensic evidence offered by the state.
问题3选项
A.the forensic centers made numerous mistakes in the production of hair and fibre evidence
B.the evidence had been contaminated
C.the two provinces are conducted hair comparison
D.the hair comparison evidence does not match the DNA evidence
问题4选项
A.subject
B.subject matter
C.topic
D.issue
79. 【试题答案】C
【试题解析】事实细节题。根据题干定位到第一段This decision presents a potential for Canadian courts to place stricter reliability-based restrictions on the admissibility of expert evidence including unreliable forensic evidence offered by the state.(这一决定意味着加拿大法院有可能对专家证据的可采性,包括国家提供的不可靠的法医证据,施加更严格的基于可靠性的限制)可知,法庭证据的可采性会基于更多的可靠性而不是使得法院证据的可采性变得更可靠,选C选项“基于更多的可靠性”,同时可知B选项“更可靠”错误;A选项“严格”以及D选项“更多的专业知识”和原文不符。因此C选项正确。
80. 【试题答案】A
【试题解析】事实细节题。根据题干定位到原文根据第二段The Manitoba inquiry heard that the Royal Canadian Mounted Police labs had stopped conducting hair comparison evidence in light of more advanced DNA testing, but stopped short of recommending that such hair comparison evidence be inadmissible.(曼尼托巴省的调查人员听说,由于更先进的DNA测试,加拿大皇家骑警实验室已经停止了毛发比较证据的研究,但并没有建议不采纳这种毛发比较证据)可知A选项“毛发比较证据不被采纳”不符合原文,不是应对错误定罪危险的方法;第二段There are two main ways to respond to such dangers. One is by reforming the production of the state’s forensic evidence. The other is for the courts to place reliability based restrictions on the admissibility or content of forensic evidence offered by the state.(应对这些危险主要有两种方法。一是改革国家法医证据的制作。另一种是法院对国家提供的法医证据的可采性或内容进行基于可靠性的限制)可知B选项“国家的法医证据制作应该改革”和D选项“法院应该对国家提供的法医证据的可采性或内容施加基于可靠性的限制”符合原文;根据第三段when the Ontario Commission of Inquiry into Forensic Pediatric Pathology (the Goudge Inquiry) recommended similar reforms to the practice of forensic pathology.(当安大略儿童法医病理学调查委员会建议对法医病理学的实践进行类似的改革时,这些主题再次出现)可知C选项“应开展各种调查,提出改革法医学实践的建议”符合原文。因此A选项符合题意。
81. 【试题答案】D
【试题解析】事实细节题。根据题干关键字“the provinces of Ontario and Manitoba”定位到原文…found that Ontario’s Forensic Centre for Forensic Science had made numerous mistakes in the production of hair and fibre evidence that purported to link Mr. Morin to the murder before his DNA exoneration.(对盖伊•保罗•莫林诉讼程序的调查委员会在其1998年的报告中发现,安大略省法医科学法医中心在提供头发和纤维证据方面犯了许多错误,这些证据据称是在莫林先生的DNA免责之前将他与谋杀案联系起来的)以及A decade later, a similar inquiry was held in the neighbouring province of Manitoba when hair comparison evidence was again refuted by DNA testing.(十年后,在邻近的马尼托巴省进行了一次类似的调查,当时头发比对的证据再次被DNA测试所驳倒)可知选D选项“头发对比证据与DNA证据不匹配”;A选项“法医中心在制作头发和纤维证据时犯了许多错误”以及C选项“两省进行头发比较”并不是共同的发现;B选项“证据被污染了”和原文不符。因此D选项正确。
82. 【试题答案】B
【试题解析】词义推测题。根据题干关键字定位到原文最后一段Many of the same themes found in the Morin inquiry which focused on hair and fibre comparison evidence re-emerged a decade later when the Ontario Commission of Inquiry into Forensic Pediatric Pathology (the Goudge Inquiry) recommended similar reforms to the practice of forensic pathology.(10年后,安大略省儿科法医病理学调查委员会(Goudge inquiry)建议对法医病理学的实践进行类似的改革,Morin调查聚焦于头发和纤维的比较证据,许多同样的主题再次出现。)可知本句中themes表示“主题”,多指文学、艺术作品的主题,或论文、演说的主题,原文中指对在头发和纤维的比较证据这方面研究/讨论所出现的主题;四个选项都有“主题”的含义,A选项subject指书籍、文章、演讲、讨论等中所隐含的、暗示的,需要由读者或听众推断的主题或中心话题;B选项subject matter指供讨论、思考或研究时考虑的东西;C选项topic可指文章、讲话的题目,谈话的内容,又可指提纲中的标题甚至段落的主题或中心思想,普通用词,含义广泛,但其范畴小于subject;D选项issue指有争论、议论,急需讨论研究的热点话题;本题B选项更符合题意,表示对在头发和纤维的比较证据这方面研究/讨论所出现的主题。因此B选项符合题意。