Theoretical Interpretation and Practical Method of Sampling Analysis of Criminal Evidence
Sampling analysis of criminal evidence is applied in cases where the amount of evidence is huge or the evidence has special traits and case investigators cannot or do not need to verify each piece of evidence one by one.Evidence sampling analysis includes the ex-traction of evidence by sampling method,the analysis of evidence by sampling method,and the analysis of the evidence extracted by sampling method.In practice,subjects of evidence sam-pling analysis are specialized organs in criminal proceedings,while the analysis of massive evi-dence and evidence with special traits made by criminal suspects and their defenders is actually the analysis of the results of sampling analysis made by the investigators,procurators or judges,which only conveys cross-examination opinions.In practical circumstances,evidence sampling analysis is mainly applied to the analysis of the composition,purity,quantity,and content of evidence and has the advantage of improving the efficiency of evidence analysis.However,it al-so has such problems as arbitrariness in sampling proportion,sampling method,analysis process,and application of results.And its results are also frequently contested by lawyers.To better apply sampling as a beneficial evidence analysis method,further explanation and refine-ment need to be made at both theoretical and operational levels.At the theoretical level,since evidence analysis is probabilistic judgment in essence,and evidence sampling analysis is one of the scientific methods of judging probability,sampling should be an effective evidence analysis method.Moreover,in statistics,the law of large numbers and the central limit theorem have provided theoretical support for the reliability of sampling.Both of them have proved that sam-pling is an analysis method that conforms to statistical laws.At the operational level,on the one hand,it is a specific approach to clarifying evidence sampling analysis,including not only ex-traction methods of sample evidence such as simple random sampling and systematic sampling,but also verification methods of sample evidence such as the appraisal method and the actual measurement method.On the other hand,some procedural guidelines should be clarified for ev-idence sampling analysis.For instance,"magnitude in amount"and"specialness in traits"are the preconditions of its application.In terms of procedural guarantee,extraction transcripts of sample evidence and sample inspection transcripts should be made along with analysis instruc-tions,and simultaneous audio and video recordings should be made during the analysis process.Witnesses should also be notified to be present,and"people with specialized knowledge"should be engaged to assist when necessary.The judge can comprehensively evaluate the relia-bility of the result of a sample evidence analysis by judging the proportion of the sample of evi-dence to the population and the proportion of the evidence that meets the purpose of the analysis.
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