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1.
许娟 《法学论坛》2012,(2):64-69
当非理性民权表达充斥司法判决之时,势必要澄清和阐明司法判决过程中的道德论证,势必要在柔性实证主义(分离命题)和吸纳性整体阐释(统一命题)之间交往商谈,从这个意义上说,道德是可以论证的。在司法判决现实情境之下,道德论证在大前提论证中起到经验论证、非实证和非经验论证两项作用。  相似文献   

2.
The procedure used in this laboratory for removing and identifying contamination of hair specimens with drugs is demonstrated by its application to hair contaminated by various experimental models. The models include soaking; coating with drug followed by sweat conditions for 6 h; and soaking in a very high concentration of cocaine followed by storage and multiple shampoo treatments. A multi-part wash procedure along with a wash criterion is applied to all samples containing drug above the cutoff. The failure of the wash criterion is a signal that the sample may be positive due to contamination rather than use, and in the absence of other over-riding evidence, the sample would be considered to be negative for drug use. This Wash Criterion has also been tested with hair from subjects demonstrated to be drug users by one or more drug-positive urines; in these studies, all hair samples from demonstrated users passed the Wash Criterion test.  相似文献   

3.
本文从形式合法与实质合法两个方面对目前我国农村土地流转的合法性进行了分析论证,认为,我国农村土地流转的正式制度无论是形式还是实质都具有合法性,而对于农村土地流转的非正式制度——股田制和租用制而言则不具有形式合法性,其实质合法性也有待证实。  相似文献   

4.
Network forensics is an investigation technique looking at the network traffic generated by a system. PyFlag is a general purpose, open source, forensic package which merges disk forensics, memory forensics and network forensics.This paper describes the PyFlag architecture and in particular how that is used in the network forensics context. The novel processing of HTML pages is described and the PyFlag page rendering is demonstrated. PyFlag's novel processing of complex web applications such as Gmail and other web applications is described. Finally PyFlag's report generation capabilities are demonstrated.  相似文献   

5.
Network forensics is an investigation technique looking at the network traffic generated by a system. PyFlag is a general purpose, open source, forensic package which merges disk forensics, memory forensics and network forensics.This paper describes the PyFlag architecture and in particular how that is used in the network forensics context. The novel processing of HTML pages is described and the PyFlag page rendering is demonstrated. PyFlag's novel processing of complex web applications such as Gmail and other web applications is described. Finally PyFlag's report generation capabilities are demonstrated.  相似文献   

6.
A study of the frequency of bite marks among sheltered children was conducted for a period of three months in the juvenile care facilities in Las Vegas, NV. The study demonstrated an incidence of 1 545 bite marks per 100 000 population. Analysis of the age, sex, and location of bite marks is presented. The study demonstrated an incidence comparable to diseases such as gonorrhea.  相似文献   

7.
The application of social network theory to understanding the nature and occurrence of multiple transfers of particulate evidence is demonstrated to be a useful means of identifying the prevalence of such transfers. Four experimental scenarios of increasing complexity empirically demonstrate that this trace particulate evidence exhibits behaviour in accordance with that previously identified for hair and fibre evidence. However, the utilisation of social network concepts is demonstrated to add valuable insights into the behaviour of this form of evidence and is shown to be a useful tool in highlighting the complexity of evidence dynamics. The identification of the networks within which trace evidence is transferred has implications for the robust interpretation of particulate evidence during the process of crime reconstruction.  相似文献   

8.
Our investigation of the occurrence of the enzymes phosphoglucomutase (PGM), glutamate-pyruvate-transaminase (GPT), adenylatkinase (AK), adenosine-desaminase (ADA), and 6-phophogluconate-dehydrogenase (6-PGD) produced the following results: The phosphoglucomutase type was demonstrated in the most sperm samples and seminal stains in accordance with the corresponding blood type. This enzyme is rather stable and could still be demonstrated well in 1-month old stains. The glutamate-pyruvate-transaminase can only seldom be determined in semen and seminal stains. We only found the GPT 1 type, which is known to have usually the strongest activity. The adenylatekinase was demonstrable in the most fresh ejaculates (not older than 24 h) and in about half the seminal stains (not older than 7 days)--The AK--2-band gets weak with increasing lay days, which may lead to incorrect determinations. The adenosine-desaminase could not be determined in sperm. On the contrary, 6-phosphogluconate-dehydrogenase could be demonstrated in fresh semen samples and also partly in seminal stains up to 7 days. The demonstration of the enzymes did not depend in any system on the secretor type.  相似文献   

9.
We examined the value of post-mortem radiological examination of infants who were brought in for medico–legal autopsy. Twenty children between the age of 1 month and 15 months died under the picture of SIDS. No radiological or other signs of previous child abuse were seen in our autopsy material. A fatal case of child abuse with several metaphyseal fractures is reported. Some fractures were not visible on gross examination, but could be demonstrated by radiography and histology. In our material no association between SIDS and child abuse was found. In suspected cases of child abuse, particularly rib fractures and metaphyseal fractures should be sought. We recommend that post-mortem radiography is performed in such cases. If fractures are demonstrated, they should be verified by histologic examination.  相似文献   

10.
目的应用红外化学(光谱)成像技术显现潜在指纹。方法采用这种新技术进行显现潜在指印的初步实验。结果显示了其对复杂图案背景上指印突出的显现能力。该成像技术具有物质形态特征检验和物质成分检验双重分析能力,在法庭科学领域具有重要的应用价值。  相似文献   

11.
目的 建立X射线衍射法(XRD)检验有机炸药的方法.方法 使用X射线衍射仪对有机炸药苦味酸(PA),太安(PTEN),黑索金(RDX),梯恩梯(TNT)进行测试分析.结果 准确测定出有机炸药的物质组成及结构.结论 该方法能够直接给出有机炸药的分子式及结构组成,定性准确,操作简便,可用于有机炸药的定性检测.  相似文献   

12.
Because contamination is usually tube-specific, negative controls cannot give assurance that an associated batch of extracted casework material is contaminant-free. However, it is possible to use them to predict the level of overall (undetected) contamination that is processed by an operational DNA unit. A MATLAB-based program was used to combine results of negative controls with actual casework DNA profiles to assess the probability that laboratory contaminants will give rise to reportable profiles (along with their likelihood ratios). Using data from an operational DNA unit as an example, it was demonstrated that the risk is inextricably linked to guidelines used to interpret DNA profiles. We have demonstrated how computer-based models can predict the levels of contamination expected in the process and, in addition, how the process can be made more robust by changing reporting guidelines. There is a need to compare DNA profiles against staff and plasticware elimination databases in order to determine sources of contamination. The likeliest outcome of a contamination event is false exclusion.  相似文献   

13.
Improvements have been made in identifying the prevalence of risk factors/indicators for violent extremism. A consistent problem is the lack of base rates. How to develop base rates is of equal concern. This study has two aims: (i) compare two methods for developing base rates; the Unmatched Count Technique (UCT) and direct questioning, (ii) generate base rates in a general population sample and compare these to a sample of lone-actor terrorists (n = 125). We surveyed 2108 subjects from the general population. Participants were recruited from an online access panel and randomly assigned to one of three conditions; direct survey, control, or UCT. Survey items were based on a lone-actor terrorist codebook developed from the wider literature. Direct questioning was more suitable under our study conditions where UCT resulted in deflation effects. Comparing the base rates identified a number of significant differences: (i) lone-actor terrorists demonstrated propensity indicators related to a cognitive susceptibility, and a crime- and/or violence-supportive morality more often; the general sample demonstrated protective factors more often, (ii) lone-actor terrorists demonstrated situational indicators related to a crime- and/or violence-supportive morality more often, whereas the general sample experienced situational stressors more often, (iii) lone-actor terrorists demonstrated indicators related to exposure to extremism more often. Results suggest there are measurable differences in the prevalence of risk factors between lone-actor terrorists and the general population. However, no single factor “predicts” violent extremism. This bears implications for our understanding of the interrelation of risk and protective factors, and for the risk assessment of violent extremism.  相似文献   

14.
E R?hm  E Adam 《Archiv für Kriminologie》1986,177(5-6):172-175
The morphology of human ear conch is said to be rather individual, but a perfect person-identification by this mean is not possible. It is demonstrated by photographs-made in a 15 years' interval-that ear conch and auricular area can be typically marked by proceeding age and specific diseases.  相似文献   

15.
Different methods of eliminating the side effects of phytohemagglutinins and of enhancing the titer of a needed phytohemagglutinin are described. The importance of the above methods for the forensic-medicine serology is demonstrated.  相似文献   

16.
Described are the results of computer-based X-ray interpretation of images of long-bone fractures made immediately after trauma. The difference between roentgenograms made on the day of trauma and on the next day is demonstrated. A new soft, which was used by the author for X-ray interpretations, is depicted.  相似文献   

17.
General and special properties of lectins are compared with their serological peculiarities and diversity. For forensic medicine, lectins difference, with lectins anti-H as illustration, is demonstrated as manifestation of immunochemical relativity. Judgements on the function and origin of lectins are presented.  相似文献   

18.
Possible use of monoclonal antibodies anti-A, anti-B, anti-M and anti-N in mixed agglutination reaction during the analysis of blood and secretion traces of different age is demonstrated. Dependence of antigen A and B detection in salivary traces on secretory type was determined.  相似文献   

19.
羊水栓塞是引起产妇猝死的最常见原因之一,作者们应用免疫组织化学、免疫酶标法技术,对52例产妇死亡的尸体解剖材料进行了分析研究,确定12例是由羊水栓塞引起的产妇猝死。确认采用免疫组织化学的方法可提高法医病理工作者对诊断羊水栓塞的准确性和科学性。  相似文献   

20.
Using a simple bilateral trading example with discrete valuations and costs it is demonstrated that in the presence of private information the efficiency of Coasean bargaining may be strictly enhanced if initially no property rights are assigned.  相似文献   

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