Why a Jury Trial is More Like a Movie Than a Novel

This essay is concerned to note the way in which successful trial advocacy seems to stem from the ability to convert legal discourse into a story form. These stories need to be ones with which a jury is familiar. These increasingly come from visual media, particularly film. It looks in detail at one trial where this process of relating a defence to the jury employed the structure of a Mafia film. The essay concludes by examining the reasons why the nature of the novel differs significantly from that of the film and how in the novel-to-film adaptation process a certain simplification is bound to occur.     

Toolmark Identification of a Mattock to a Clod of Soil from a Grave

Abstract: At a recent bushland gravesite that contained a deceased male, a clod of soil displaying a striated toolmark was collected during the excavation of the grave. This clod was preserved, and the mark was cast using Mikrosil?. Shovels and a mattock, which had been discarded by the suspects, were subsequently found at another location. A toolmark comparison identified the hoe end of the mattock head as having produced the striated toolmark.     

What price makes a good a status good? Results from a mating game

This contribution provides a game theoretical derivation of market demand for status goods as a function of the level and distribution of income: if (1) the price is sufficiently low, everyone buys the good; if (2) the price is sufficiently high, only the rich buy the good (a status good in a narrow sense). If (3) the price is located in very high or in middle range, demand collapses. Thereby, we explain the critical price from which a status good acts as a distinctive signal. In addition, this approach shows the potential welfare-improving impact of conspicuous consumption.     

Wind-drag estimation in a traffic accident involving a motor scooter and a tractor-trailer

This case report describes a noncontact traffic accident involving a motor scooter and a tractor-trailer with a focus on the wind-drag effect. We used load cells to measure the drag force acting on a substantially similar motor scooter when a substantially similar tractor-trailer passes by it, taking into consideration various speeds of the tractor-trailer and distances between the two vehicles. A three-dimensional steady-state flow analysis was also performed by using the CFX program for computational fluid dynamics to examine the streamlines and the pressure distribution around the tractor-trailer at various speeds. From the experiment, for a separation distance of 1.0 m (3.28 ft) and a speed of 90 km/h (55.9 mph), the maximum resultant drag force is 124.5 N (28 lb); this constitutes a degree of force that could abruptly disrupt the stability in maneuvering by an operator who is unaware of the approaching tractor-trailer. In addition, a single equation that relates the tractor-trailer speed to the drag force that acts on the motor scooter was derived on the basis of the Reynolds number (Re) and the wind-drag coefficient (C(d)): C(d) = 1.298 × 10(-7) Re.     

Reconstruction of a suicide by a homemade firearm

A 34 years old man shot himself by a selfmade muzzle-loader. He pluged one end of a waterpipe, used a cylindrical lead shot (Cal. 1.2 cm, length 2.15 cm, mass 22.7 g), special black powder (about 4 g, from fire-crackers; powder with an admixture of aluminium) and kindled the weapon in front of his chest by a slowmatch. He died immediately by retained missile of chest. The weapon flew away like a rocket. Unused projectils and powder (found in the flat) and the uninjured pipe allowed to copy the event. Velocity and energy of shot and weapon were determined, also the recoil of the pipe and the highest force of a hand to hold it fast. Experimental investigations and calculations correspondet well to the findings af the case.     

Calculating likelihood ratios for a mixed DNA profile when a contribution from a genetic relative of a suspect is proposed

This technical note describes a practical method for evaluating evidence in the case of a two person conditioned DNA mixture where the defence proposition is that the unknown contributor is genetically related to the suspect. A conditioned mixture is one where the presence of DNA from one of two individuals is accepted by both prosecution and defence. A typical example would be a vaginal swab in an alleged rape case, where the presence of the complainant's DNA would be expected and samples have been taken from the complainant and a suspect. Much has been written about the interpretation of such mixtures and the calculation of the conditional genotype probabilities that must be carried out. In general, such treatments assume that the unknown contributor, under the defence proposition, is unrelated to the known individuals. In this paper, we consider the case where the defence proposition is that the unknown contributor is genetically related to the suspect. We describe a method, incorporating a flow chart and reference tables that facilitate manual calculations of the likelihood ratio for several postulated genetic relationships.     

公司作为普通合伙人投资合伙企业引发的法律思考

相较于1997年《合伙企业法》,修订后的《合伙企业法》在制度上有许多调整,公司可以参与合伙并可以成为普通合伙人即是其中较为重要的创新之一。但是,公司作为法人成为普通合伙人参与合伙企业经营和管理,毕竟与自然人以普通合伙人的身份参与到合伙企业之中有着很大的区别,可能对公司、公司股东特别是小股东、公司债权人等造成不利影响。在实践中,公司作为普通合伙人所带来的诸多问题并没有引起实务界和理论界的关注。而这些问题的解决,有助于公司在利用合伙企业的投资优势的同时,能够建立适中的风险防范机能。     

Can a hyphen substitute a space in a domain name?

A recent decision of the Danish Complaints Board for DomainNames addressed the issue of hyphenating words in domain namesto get around the word spacing problem, where the domain namein question conflicted with rights in a personal name.     

Finding of a bullet in the cervical column of a body hit by a train

This case is about the finding of a body of an unidentified male of approximately 70 years of age who was hit by a train. During the carrying out of the corresponding autopsy and after the radiological tests for posterior odontological identification, a foreign body of a cylindrical-cone shape, identical to that of a bullet, was found lodged between the first and second cervical vertebrae. During dissection of the neck, a bullet was found. When the ballistic test was carried out, it was ascertained that the bullet was from a cartridge of 7.92 by 57-mm Mauser caliber, manufactured in Spain in 1936. This ammunition corresponds to that used during the Civil War in Spain (1936-1939). After the identification of the body, it was proved that the bullet was the result of a war wound. However, the victim had been unaware of the existence of the bullet, which had remained in his body for 50 years.     

Analysis of a soldered wire burnt in a fire

Fire investigators frequently encounter electrical wires with melted ends at fire scenes, which can provide useful information on the cause and development of the fire even when the melted ends result from the fires. A bead on a melted end of a wire was found in the area of origin of a massive fire that lasted for nearly a whole day, devastating a factory. The bead appeared to be the end of a wire soldered to a terminal. X-ray analysis showed that the bead is a tin-copper alloy. Although regular tin-lead solder was used in the factory, lead was not detected. This contradictory result stood in the way of fire investigation. Therefore, an unused wire soldered with tin-lead solder was heated in an electric furnace at 500 degrees C for 3 h for further examination. X-ray analysis of this wire showed that copper can be alloyed with tin while losing lead in a long-term heat in a fire.     

Reverse engineering a CCTV system,a case study

Given a disk image of a CCTV system with a non-standard file system, how is the data interpreted? Work has been done in the past detailing the reverse engineering of proprietary file systems and on the process of recovering data from CCTV systems. However, if given a disk image without the CCTV system itself, or if under time constraints, the task becomes much more difficult. This paper explains a different approach to recovering the data and how to make sense of data on a CCTV disk. The method does not require extensive reverse engineering of the CCTV system, or even to have access to the CCTV system itself.     

The place of a forensic archaeologist at a crime scene involving a buried body

This paper examines the place that forensic archaeologists should hold at scenes of crime where a body has been buried. The forensic archaeologist is rapidly becoming a key player whose specialty should be explained, and role defined. A high level of interaction between the forensic archaeologist and other personnel implies good communications skills as well as a precarious mix of receiving orders, assistance and advice as well as giving directions to other staff. The extent to which each of these should be applied will be discussed as well as underlying the absolute need for forensic archaeologist to attend these types of scenes.     

Suicidal Shotgun Wound Employing a Shotgun Barrel,a Shotgun Shell,and a BB*

Abstract: A vast majority of firearms‐related suicides involve the conventional use of a properly functioning, intact firearm. Occasionally, forensic investigators encounter a case wherein the firearm suicide victim employs some form of unconventional use of a weapon, or utilizes an unusual weapon type. In this case report, the authors present an unusual case in which a man committed suicide by using a shotgun shell, a shotgun barrel (separate from the rest of the gun), and a BB. Some confusion as to the cause and manner of death was present during the initial scene investigation. Examination at autopsy revealed the cause of death to be a shotgun wound of the chest and prompted further scene investigation. Therefore, this case serves as another example of the importance of cooperation between scene investigators and forensic pathologists when investigating a death. A review of suicidal firearm cases using unconventional means and/or firearms is presented.     

充当学科带头人：意涵与要件

一个学科带头人，意味着他是一个统领、用贤、掌权和服务。衡量一个学科带头人的标准绝不仅仅是学术水平。在充当学科带头人的必要条件中，比个人学术水平更重要的，其实是与学术事宜有关的管理能力与人格品质。学科带头人是一项需要用心去做的工作，需要有一种境界。     

Radiographic comparison of a fractured clavicle exhibiting a pseudo-arthrosis

Bone remodeling is a natural process that is potentially problematic for radiographic comparisons because it can occur after antemortem (AM) imaging, thus interfering with the comparability of AM and postmortem (PM) radiographs from the same individual. While the effects of age-related remodeling have been studied, limited attention has been given to trauma-related remodeling with respect to radiographic comparisons. This report adds to the latter topic by presenting a case of AM clavicle fracture that developed into a pseudo-arthrosis over a 12-month period prior to the individual's death. Even though remodeling was discernable along the fracture margins, adjacent skeletal features on the PM radiograph remained unaltered and constituted compelling evidence for the identification. This case illustrates the potential of using both normal and pathological anatomy concurrently to maximize the surety of findings from radiographic comparisons.     

A baby, a virus, and a rat

The authors present a case initially thought to be a child abuse homicide that, after complete autopsy and thorough investigation, was determined to be caused by a viral infection and complicated by postmortem animal activity. Neonatal herpes simplex infection and postmortem skin defects are discussed.     

Unusual findings in a death caused by a car fire

Witnesses detected a burning car in the parking lot next to a discotheque in the early morning hours. After the fire had been extinguished, the charred body of the 23-year-old car owner was found in the driver's seat. The young man had been a guest of the discotheque the previous night and consumed plenty of alcoholic drinks. The traces left by the fire on the car suggested that the fire had started in the passenger compartment. At autopsy, greyish-brown discoloration and induration of the mucosa of the respiratory tract were found in addition to massive aspiration of soot and signs of soot swallowing. The macroscopic and histological findings pointed to a chemical burn of the airways probably caused by chlorine gases developing when the covering of the passenger compartment was burning. Chemical burns due to inhalation, aspiration and swallowing of soot are all signs of vitality, so that a smoldering fire must have gone on for a while inside the car with the windows closed. The most probable cause of the fire is that clothing or textile material in the car was set on fire by a burning cigarette.     

From a Top-Down to a Bottom-Up Approach to Legislative Oversight

Over the years there have been several studies of oversight in the context of the US Congress; much less attention, however, has been paid to the study of oversight in parliamentary systems. Comparative studies spearheaded by several international organisations in recent years offer a different perspective of legislative oversight. They emphasise a new concept, oversight potential, and suggest that strengthening this potential would help promote good governance, fight corruption and improve democracy. This study examines the concept of oversight potential in a pure parliamentary system – the Israeli Knesset. It shows that low potential impairs actual oversight in a parliamentary system that uses mainly police-patrol techniques as defined by the 1987 work of McCubbins and Schwartz. It suggests that increasing oversight potential will help improve the oversight outputs of the legislature. Finally, it develops a bottom-up legislative approach for measuring oversight potential, and by doing so it enriches this neglected field of research.     

Beliefs in a Just World as a Buffer Against Anger

Anger is the emotion typically accompanying unfairness appraisals. Belief in a just world (BJW) was expected to buffer against angry feelings because subjects high in BJW play down unfairness, justify unfairness as being self-inflicted, and avoid self-focused rumination. Three studies were run to test this hypothesis. A questionnaire study revealed that subjects who strongly endorse the belief in a personally just world are less likely to experience anger and, if they do experience such feelings, are less likely to suppress them. In two experiments, an angry, a happy, or a sad mood was induced. In the anger-evoking condition, subjects high in BJW were less angry and suffered no decrease in self-esteem compared to subjects low in BJW, who reported increased feelings of anger and decreased self-esteem. It is concluded that individuals high in BJW are better able to cope with anger-evoking situations, and that BJW can be seen as a personal resource protecting not only mental but also physical health.     

Adoption as a strategy on a Chuukese atoll

A new look at adoption is made possible with the use of software capable of computing social organization by examining residence, group membership, marriage, and the ownership and transmission of property using the scaffold of kinship. The Chuukese data set collected by the Goodenoughs and Fischer, and later compiled by Hyde, permits the study of residence as a means of clarifying population and resource flows, sheds new light on the data themselves, and offers new insight concerning the Fischer-Goodenough residence debate.