| The first cause of criminal wrongdoing is the confessions extracted by torture,and the second cause is the judicial appraisal errors.In order to improve the scientific and reliability of judicial appraisal conclusions and reduce the wrongful cases caused by errors in appraisal opinions.The Central Committee of the Communist Party of China(CPC)has proposed to accelerate the reform and development of forensic identification and other industries in the "Outline for the Implementation of the Rule of Law Society" for2020-2025,and issued the "National Standardization Development Outline" in October2021 to promote the development and promotion of court science standards,and has begun to promote the development of the Forensic Identification Law.Forensic appraisal is essentially a cognitive activity,which is affected by cognitive subjects and cognitive contexts and can produce cognitive errors.This paper explores the factors and manifestations that affect the decision making of forensic identification using comparative research,cross-sectional research,literature survey,and empirical research,and analyzes its error-causing principles and proposes corresponding preventive measures;it aims to improve the scientific nature of forensic identification and the quality of laboratory management,and to promote the new development of the corroborative proof model,so as to reduce the occurrence of wrongful and false cases.According to the thesis research,the forensic identification process is divided into five parts: feature identification,feature comparison,individual identification,correlation determination,and event reconstruction.The process is influenced by six factors: case information,comparison procedure,prior identification opinions,emotional level,role,and motivation,which produce confirmation bias,tunnel vision,availability cascade and herding effect,stereotype,expectation bias,and belief bias,respectively.These biases make cross-contamination and false corroboration among evidence,undermine the authenticity,objectivity,and independence of the criminal proof system,lead to misidentification and wrongful conviction,and damage judicial justice.Therefore,it is necessary to set three barriers based on unified technical,basic,and management standards for judicial identification: quality control of the identification process,cross-examination by the parties,and substantive review and judgment by judges.The first barrier is mainly for the implementation of specific management methods for cognitive bias,including but not limited to the improvement of information flow management,strict control of the selection of sample parade accompaniment,independentization of double-blind review,expansion of the content of the document record,knowledge training,role separation;the second barrier is mainly from the parties’ right to cross-examination,the protection of the right to information,the key is the open system of identification conclusions;the third barrier is the court as "The third barrier is the court’s ability to strengthen the substantive review of expert opinions by strengthening the expert appearance system,changing the way the expert testifies,enhancing the judge’s ability to understand scientific evidence through training or developing a guidebook,and improving the expert support system to give full play to the role of expert supporters in providing opinions on expert opinions.As a result,a systematic and three-dimensional system to reduce cognitive bias will be established to reduce the number of wrongful identifications and wrongful cases and to maintain judicial justice. |
