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1.
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.  相似文献   

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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.  相似文献   

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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.  相似文献   

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A consignment of individual packages is thought to contain illegal material, such as drugs, in some or all of the packages. A sample from the consignment is inspected and the quantity of drugs in each package of the sample is measured. It is desired to estimate the total quantity of drugs in the consignment. Sampling variation is present in the original measurements and it is not sufficient just to adjust the sample mean pro rata. An analysis is described which takes account of the uncertainty concerning the proportion of the packages that contain drugs and provides a probabilistic summary of the quantity of drugs in the consignment. In particular, a probabilistic lower bound for the quantity of drugs in the consignment is given, which is dependent on the required standard of proof. This is in contrast to the approach based on confidence intervals which assumes that in the long run, the interval will contain the correct quantity the appropriate proportion of the time, but gives no measure of uncertainty associated with the particular consignment under consideration.  相似文献   

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Experimental shots were made from rifled weapons, from different distances, at isolated flat bones. There was established a significantly increased angle of the axial section of the cone-shaped defect due to the expanding sizes of the exit part of the wound canal (WC) and of the outlet opening as the shot distances increased. An expert's evaluation is offered to assess a shot distance involving the WC profile and by calculating an angle of the axial section of the cone-shaped defect on the basis of the inlet and outlet sizes and of the flat-bone thickness.  相似文献   

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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.  相似文献   

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In Korea, arts and culture in the provinces are at a disadvantage in many aspects. We examine the difficulties of being a provincial dance organization. We analyze the strategies to overcome these difficulties and the resulting process of the co-evolution of a department of dance at a provincial university and its offshoot dance company. In their endeavor for survival, these dance organizations seek to be a part of the community with community dance programs that induce the participation of residents. The resulting values created in the community of the Western District of Daejeon City and the success factors of these organizations are also analyzed. Some implications of the co-evolutionary process to other provincial dance organizations are discussed.  相似文献   

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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.  相似文献   

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二审全面审查制度应当废除   总被引:2,自引:0,他引:2  
张智辉  武小凤 《现代法学》2006,28(3):168-173
我国《刑事诉讼法》明确规定了二审全面审查原则。这个原则作为一种制度,使二审法院必须要对当事人没有上诉、检察机关也没有抗诉的一审判决中认定的事实部分或法律适用部分进行全面的审理。这个制度,既不符合刑事诉讼中控审分离的基本原理,违背了现代司法制度中审判中立的基本原则,也不符合诉讼经济原则和世界各国的普遍做法。因此,应当在修改《刑事诉讼法》时废除这一制度。  相似文献   

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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.  相似文献   

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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。  相似文献   

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犯罪认知体系视野下之犯罪构成   总被引:1,自引:0,他引:1       下载免费PDF全文
我国刑法学界正在进行“犯罪构成体系完善抑或重构”的讨论,通过分析古今中外成文法体系下司法者将刑法规范与生活事案相对接的操作方式,可以发现,“犯罪认知体系”这一概念可用以统摄不同历史时期刑法之基本运作模式。对犯罪认知体系之思想史的梳理表明,“犯罪构成”概念乃系近代民主法治背景下理论介入司法之产物,由此可厘清当代中国之犯罪构成体系的来龙去脉及现实状况,并为进一步“完善抑或重构犯罪构成体系”的讨论搭建基础性平台。  相似文献   

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确权诉讼不属《最高人民法院关于人民法院民事调解工作若干问题的规定》第2条规定的特殊程序,确权诉讼可以适用调解,从尊重诉讼契约的角度分析,本案当事人自愿达成的调解协议也应予以确认。海上保险人在被保险人进行债权登记后提起确权诉讼前进行赔付,取得代位求偿权提起诉讼,其是否能以自己的名义提起,诉讼法无明文规定,本案确认在上述情况下海上保险人有权提起确权诉讼,从实践层面完善了《海事诉讼特别程序法》的相关规定。  相似文献   

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During the period of one year, the Police of the State of Espírito Santo in Brazil analyzed 1,431 cartridge cases obtained from crime scenes and seizures. The cartridges were subjected to a development sequence (cyanoacrylate fuming + gun bluing + fluorescent dying), and panoramic images of the developed fingermarks were generated based on the photographs taken during the rotation of the cartridges. Ridge details were observed in 50 cartridges, but only in 5 cartridges, the marks were considered with value for identification. The fingermarks were searched in the Automated Fingerprint Identification System (AFIS) of the Brazilian Federal Police and, in one case, it was possible to obtain the suspect's identification. In our knowledge, this is the first case in Brazil of identification of a suspect based on a fingermark recovered from a fired cartridge case.  相似文献   

18.
卢小龙 《政法学刊》2007,24(3):24-27
犯罪构成作为划分罪与非罪的根本标准,适用于一切犯罪行为。共同犯罪作为犯罪的一种特殊形态,在犯罪构成上具有自己的特性,表现为修正的犯罪构成。共同犯罪理论只有以犯罪构成理论为基础,以共同犯罪的修正的犯罪构成,来认识和理解共同犯罪,才能为共犯的定罪量刑提供科学根据。  相似文献   

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Linkage of a cutting tool (a sickle) with a telephone cable of 100 pairs of copper wires is reported in a case of theft of a telephone cable. Telephone cables contain numerous insulated copper wires of small diameter inside an outer covering and are stolen for the relatively precious copper. The cutting pattern of the cable can only point to the type of the tool but because of the large number of copper wires, it is practically difficult to make a definite linkage with the tool used to cut the cable by comparing the tool marks. The present work reports the successful attempt of the authors in establishing a definite linkage of a stolen telephone cable with a sickle recovered from the suspects. Spot microchemical test was performed for detection of copper on the blade of the sickle, and then tool mark comparison was performed to link the tool marks on the metal strip inside the outer covering of the cable to the blade of the sickle.  相似文献   

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