Cryptic chemical identification as a crime intelligence aid.

A dead body was found near the sea and a commercial port in north-east Italy. The man had been shot and then burnt, by using a large volume of fire accelerant. The chemical composition of the flammable mixture had to be determined in order to aid police investigations. GC-MS analysis of residual cloth and soil identified a common gasoline, together with some unrelated compounds deriving from the container used to carry the inflammable liquid. A reconstruction of the event, an examination of the surroundings where the crime took place and the cryptic chemicals found, enabled the investigators to restrict and intensify their enquiries within a specific area.     

Symmetrical hypopigmentation of the nipples secondary to trauma

Deviant sexual behavior may lead to unusual skin lesions. The following is a case report of unusual trauma-related, symmetrical lesions of the nipples in a male homosexual from repeated application of bondage apparatus to his areolae and nipples.     

浅议涉外网络名誉侵权案件的管辖权问题

涉外网络名誉侵权行为的实施地不易确定,损害结果地为数众多,传统民事管辖权的规则面临挑战,目前国际上在理论和司法实践中存在着不同的观点和做法。我国立法也没有明确的规定。针对网络名誉侵权行为的特点,网络名誉侵权案件应由侵权行为地法院或被告住所地法院管辖,侵权行为地包括实施被诉侵权行为的网络服务器、计算机终端等设备所在地和受害人受损害的结果地,损害结果地是指诽谤言论的传播地,同时又是原告的住所地或居所地或工商营业所所在地或法人的营业地,如果侵权行为地和损害结果地不一致,由原告选择管辖法院。     

Dirty diving. Sudden death of a SCUBA diver in a water treatment facility.

We report a case of a sudden death in a SCUBA diver working at a water treatment facility. The victim, an employee of the facility with a specialty in electronics, was a sport diver not qualified in commercial diving. While attempting to clean sludge from a blocked drain 25 ft under water, the diver was suddenly pinned against the drain valve when the sludge plug was broken up. We review the mechanics of the incident and the actual cause of death, asphyxia, as opposed to drowning. We believe this to be the first reported case of traumatic (pressure) asphyxia in a SCUBA diver.     

防止扰乱国家机关工作秩序罪成为新的口袋罪——基于刑法教义学的分析

为了限制扰乱国家机关工作秩序罪的处罚范围,防止该罪演变成新的“口袋罪”,应该从刑法教义学的角度对扰乱国家机关工作秩序罪的构成要件要素进行限缩解释。扰乱国家机关工作秩序罪的行为方式只能是暴力方式,扰乱的次数至少是四次;“经行政处罚仍不改正”是行为人多次实施扰乱国家机关工作秩序的行为被行政机关行政拘留以后,仍然实施扰乱国家机关工作秩序的行为;“造成严重后果”是由于国家机关工作秩序被扰乱进而导致的后果,包括物质性的损害后果和非物质性的损害后果。     

Asphyxia due to pacifiers--case report and review of the literature

Pacifiers and bottle nipples entail the risk of asphyxia when they are swallowed, self-made or have become porous, or when used by older children whose teeth and chewing musculature have developed beyond the suckling stage. A further danger lies in the various devices used to tie the pacifier to the child, as they can cause strangulation. On the basis of this first case of a 2-year-old biting off a piece of her pacifier and fatally aspirating it, we point to the dangers and security requirements related to pacifiers and bottle nipples, and give a review of the related literature.     

Performance testing of commercial containers for collection and storage of fire debris evidence

Fire debris evidence may contain ignitable liquid residues valuable in the investigation of a potential arson scene. The ability to obtain evidence containers that are contaminant-free and vapor-tight is essential to the analysis and storage of fire debris evidence. Commercial containers such as metal "paint" cans, glass mason jars, and polymer bags are often employed as fire debris evidence containers. The purpose of this research was to determine which of these three types of containers provided the most vapor-tight seal for the prevention of ignitable liquid vapor loss and to assess the potential for cross-contamination. Leak rates for each type of container were measured under controlled conditions. Simple mixtures of hydrocarbons were utilized in these experiments. Leak rates were determined based on the amounts of hydrocarbon recovered from activated charcoal located outside the test container and within a secondary container. Quantitation of the hydrocarbons recovered from activated charcoal was calculated using external standard calibration curves following analysis by gas chromatography-mass spectrometry. The results demonstrated that glass jars had the fastest leak rate followed by metal paint cans and properly heat-sealed polymer bags with the slowest leak rate. Each container exhibited a different leak mechanism, which resulted in an observable effect on the composition of hydrocarbons lost from the container. Hydrocarbon transfer from one container to another is also demonstrated. This study presents results that reveal the most vapor-tight container to be a properly heat-sealed copolymer bag.     

Entrapment in small, enclosed spaces: a case report and points to consider regarding the mechanism of death

The mechanism of death due to confinement in an enclosed space is usually ascribed to asphyxia from oxygen deprivation. We report the case of the decomposed remains of a 23-year-old man discovered in an unused industrial size refrigerator in which the mechanism of death is heatstroke. The investigation of the death indicates the subject most likely voluntarily entered the refrigerator and for unknown reasons, closed the door. Injuries identified at autopsy and damage to the inside of the structure indicate he struggled to exit the cabinet. The autopsy shows no significant natural disease processes and toxicology studies were negative. The diagnosis of heat stroke typically rests on the evaluation of multiple features, including the age and size of the decedent, the ambient temperature, the medical history of the decedent, whole body hydration, body fat content, alcohol and drug use, medication history, general physical condition, and many other factors. The diagnosis of heatstroke due to confinement in an enclosed container requires evaluation of the heat stress of the container, the heat strain experienced by the individual, autopsy findings suggesting signs of a struggle to exit the container, and other factors. In all such cases, a careful death investigation with correlation of autopsy findings is required to accurately determine the mechanism and cause of death. We suggest that for all such deaths, physiological and environmental factors promoting hyperthermia and heatstroke be considered as a possible mechanism of death, along with those associated with the more obvious danger of asphyxiation.     

Fatal intoxication due to excessive dichloromethane inhalation

A 22-year-old white male was found dead at his working place in a car lacquering company. He had removed lacquer residues by using a solvent containing dicloromethane (DCM) without using a gas mask. Pathology revealed signs of asphyxiation with obvious petechial bleedings and expressed microthrombosis of the pulmonary arteries. Toxicological analysis showed excessive concentrations of DCM which are inhaled due to exposure of extreme air concentrations.     

Hypostasis-induced changes in the breast area

When the anterior thoracic wall is within the hypostatic area, postmortem lividity in the region of the nipples and their immediate vicinity is less intense or absent. Where hypostatic skin haemorrhages (so-called vibices) are present, these are also found outside the areola of the nipple only. This phenomenon is visible not only externally, but is particularly pronounced on the cut surface. A possible explanation may be the different distribution pattern of connective tissue, smooth muscles and blood vessels inside and outside the areola mammae. Based on 13 cases from the forensic autopsy material--mostly drug related deaths--the macromorphological findings and their histological correlates are presented.     

The relationship of punishment- and victim-based moral orientation to prosocial, externalizing, and norm trespassing behaviour in delinquent and non-delinquent adolescents: a validation study of the Moral Orientation Measure

This study examined the reliability and validity of the Moral Orientation Measure (MOM), which was administered to 75 juvenile delinquents and 579 non-delinquent adolescents from lower socio-economic and educational backgrounds. Confirmatory factor analysis of a two-factor model, with punishment- and victim-based moral orientation as factors, showed an adequate fit to the data, indicating construct validity of the MOM. Moderate associations between moral orientation and sociomoral reasoning, as well as empathy, were also considered indicative of construct validity. Additional evidence for construct validity was found in only small associations between moral orientation and social desirability and verbal intelligence. Stronger victim-based orientation proved to be associated with less norm trespassing behaviour in non-delinquent adolescents and more prosocial behaviour in juvenile delinquents, which was considered indicative of concurrent validity. The results of this study strengthen the case for the MOM as a reliable and valid instrument to assess moral development in adolescents at risk of behavioural maladjustment, showing that moral orientation is differently associated with morally relevant behaviour in delinquent and non-delinquent adolescents.

Alteration of the Death Scene After Self‐stabbing: A Case of Sharp Force Suicide Disguised by the Victim as a Homicide?

This paper reports a case of a 72‐year‐old woman who was found dead in her bedroom with a 4 cm vertical stab wound in the abdomen. A bloodstained knife was found in the top drawer of her bedside table. The clothes worn by the victim showed no damage. A bloodstained vest and a sweater with frontal incisions were found far from the victim, in the bathroom and in the bedroom respectively. Several bloodstains were found in every room of the apartment. The evidence found during the forensic examination and, in particular, the Bloodstain Pattern Analysis, led the investigators to determine the manner of death, being consistent with a suicide with a long‐lasting physical activity after self‐stabbing. This report describes an unusual case of “disguised suicide,” in which the victim tried to cover‐up the suicide by changing her clothes and concealing the weapon, in the last minutes of her life.     

论我国婚姻家庭立法的价值取向——兼议夫妻财产约定

我国婚姻家庭立法与私法具有一致的价值取向,即正义。但婚姻家庭关系有其特殊性,因而作为身份法又有其自身特点,应以公平价值优先于自由与平等价值。在夫妻财产约定的效力问题上更应体现公平的价值取向。     

Early post-mortem animal bites after suicidal gunshot wound to the head of a police dog handler]

A 41-year-old police officer committed suicide in his office by firing a contact shot to the left temple. When the body was found 12 hours later, the German shepherd dog the officer had been in charge of had caused considerable damage on the lower half of the face and the adjacent parts of the neck. The clothing of the suicide was undamaged. Blood traces in the shape of paws were found at the place of death. The wound margins of the postmortem animal injury were nicked and jagged by the canine teeth. The entrance and exit wounds were not affected by the soft tissue defect. The findings gathered are discussed in reference to the relevant literature.     

论"和谐社会"的私法构建

"和谐社会"构建理念的提出,意味着它将成为中国社会体制的结构性存在.如何构建和谐社会是摆在我们面前的重大课题.和谐社会的本质是以人为本的多元、理性、正义、法治、平衡和稳定有序的社会.市民社会的本质与和谐社会具有内在的一致性.市民社会应当是和谐社会的基础社会.私法是市民社会的法律形式,是法治社会的基本法.所以,它是和谐社会法治构建的基本法.和谐社会的构建应当以私法构建为核心.私法在和谐社会构建中的作用发挥主要通过私法的系统结构的功能实现.     

LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PARENTS

Estimates are that there are between 1.2 and 3 million people who are in same-gender partnered household relationships in the United States. Although there is less certainty about the number of parents among these couples and the number of single-parent gay and lesbian families, all research shows that a growing number of gay and lesbian as well as bisexual and transgender individuals are choosing to be parents. A sound body of empirical literature has demonstrated that the sexual orientation of a parent is irrelevant in terms of a person's ability to parent and has no lasting effect on the psychological adjustment of the person's children. Nevertheless, a majority of states in the United States place considerable legal hurdles in the face of lesbian, gay, bisexual, and transgender (LGBT) individuals who would like to be parents, as do many countries around the world, and the social context of contemporary society creates a number of special issues that the forensic evaluator or psychologist may encounter when asked to make a custody, adoption, or other fitness to parent assessment with LGBT parents. This article presents an overview of these issues and moves beyond theory to provide specific recommendations for evaluators working with LGBT parents.     

Calibrating the perceived strength of evidence of forensic testimony statements

Pattern comparison disciplines use categorical statements to express conclusions. We measured the strength of evidence for six different scales as perceived by members of the general public and fingerprint examiners. The statements came from different types of scales, and included categorical conclusions, likelihoods, strength of support statements, and random match probabilities. We used an online interface that required participants to first correctly sort the statements in a given conclusion scale, and then place each statement on a single evidence axis that ranged from most support imaginable for same source to most support imaginable for different sources. We analyzed the data using both the raw values and a Thurstone–Mosteller model based on ordinal values. We found systematic differences between examiners and members of the general public, such that examiners distinguished between Identification and Extremely Strong Support for Common Source, while members of the general public did not. Statements that included numerical values tended to be placed lower than categorical conclusions, and members of the general public tended to place the highest categorical conclusion in each scale at the very top of the evidence axis. The results suggest that laypersons can distinguish between statements meant to represent moderate vs strong evidence, but tend to place categorical conclusions above statements that involve numerical values.     

Headspace concentrations of explosive vapors in containers designed for canine testing and training: theory, experiment, and canine trials

It is a common misconception that the amount of explosive is the chief contributor to the quantity of vapor that is available to trained canines. In fact, this quantity (known as odor availability) depends not only on the amount of explosive material, but also the container volume, explosive vapor pressure and temperature. In order to better understand odor availability, headspace experiments were conducted and the results were compared to theory. The vapor-phase concentrations of three liquid explosives (nitromethane, nitroethane and nitropropane) were predicted using the Ideal Gas Law for containers of various volumes that are in use for canine testing. These predictions were verified through experiments that varied the amount of sample, the container size, and the temperature. These results demonstrated that the amount of sample that is needed to saturate different sized containers is small, predictable and agrees well with theory. In general, and as expected, once the headspace of a container is saturated, any subsequent increase in sample volume will not result in the release of more vapors. The ability of canines to recognize and alert to differing amounts of nitromethane has also been studied. In particular, it was found that the response of trained canines is independent of the amount of nitromethane present, provided it is a sufficient quantity to saturate the container in which it is held.     

The Closed Mind and the Judgement of Crime: A Replication of the Sellin-Wolfgang Index

The judgement of the seriousness of delinquent events was interpreted as a “measurement of consensus regarding social norms and cultural values. Therefore, it was hypothesized that the evaluative mode of orientation would be used in the judgement process and that personality variables (which use the cognitive mode of orientation) would not influence consensus obtained using the Sellin-Wolfgang psychophysical method. Sex and dogmatism were tested as independent variables.

The hypothesis was supported in cases where the element of damage in the delinquent event was clear. In cases where the amount of damage presented a problem, the independent variables explained significant amounts of variation in the dependent variable. It was concluded that in these latter cases, the cognitive mode of orientation is used, producing less consensus.

Methodological difficulties inherent in the use of psychophysical scaling are discussed. It is concluded that these difficulties should be overcome before using the Sellin-Wolfgang index to measure cultural norms and values.     

经营者对服务场所的安全保障义务

经营者在其服务场所对消费者等的人身和财产安全负有保障义务。这是一种法定义务 ,包括硬件和软件两个方面的内容。经营者违反该义务发生消费者人身、财产损害的 ,一般应当承担侵权责任。违反安全保障义务通常表现为消极不作为 ,判断不作为行为与损害之间的因果关系应当采用特别规则。在第三人直接加害行为造成受害人损害而且经营者有过错的情况下 ,经营者应承担补充的赔偿责任