外来务工人员处刑轻缓化考察

2005年、2006年度某市检察院受理审查起诉的刑事案件的实证统计数据表明,外来务工人员被告人的非监禁率水平偏低,非监禁化没有得到应有体现,主要存在文化理念、客观现实、司法成本障碍。建议严格执行高检院慎重适用逮捕措施的精神,加强司法机关的科技办案能力,增加财政投入,制定外来务工人员轻刑案件轻缓化实施意见。     

我国反腐败刑事立法之犯罪化与轻刑化问题研究

在国际刑事法律公约的订立和各国刑事立法过程中，犯罪化和非犯罪化一直是刑事政策和刑事立法的基本问题。腐败行为犯罪化的意义还在于，随着国际和国内反腐败斗争的不断深入，对公职人员的廉洁性、廉政性的要求越来越高，不廉洁和不廉政行为范围更加扩大，那些原来属于职业道德规范规制的对象，随着人们对这些腐败行为的犯罪化的立法要求和呼声的高涨，这些行为便有可能上升为刑事法律规制的对象。而轻刑化是指对于犯罪的处罚倾向于用较轻的刑罚取代较重刑罚处罚的刑：事政策措施，它表现为用较轻的刑种（如监禁或有期徒刑）取代较重的刑种（如死刑或无期徒刑），或者在同一刑种中用较轻的处罚（如3年以下轻的刑期）取代较重的处罚（如10年以上重的刑期），甚至包括本应用剥夺自由的刑罚取而代之用剥夺财产刑（如没收财产或罚金）和资格刑（如剥夺政治权利）的刑罚措施惩治腐败犯罪。在国际上，轻刑化作为国际刑事立法和司法的趋势，正日益引起各国的重视。从表面上看，犯罪化和轻刑化是两种的对立的刑事政策，但实际上，这两者是可以兼容并蓄的。因此，对腐败犯罪行为的犯罪化与对该行为在处罚上的轻刑化并不矛盾，两者在理论与实践上都可以达到高度的统一。     

“闯黄灯”处罚可行性研究

公安部于2012年10月8日新发布修订了《机动车驾驶证申领和使用规定》（简称123号令）和《公安部关于修改〈机动车登记规定〉的决定》（简称124号令）。在下发123号令和124号令的同时，下发了《公安部令第123、124号一百问》，文件中规定，抢黄灯行为属于违反道路交通信号灯通行，对驾驶人处20元以上200元以下罚款，记6分。新规定于2013年1月1日正式施行。但是在当前国内环境下实施难度很大，“闯黄灯”处罚不可行。     

Eye‐Catching Eyebrows: Training and Evaluating Humans for Periocular Image Verification

High‐quality periocular images have sufficient variability between people that they can be used for automated recognition. However, there are no standards for training people to compare periocular images in a forensic context. Potential methods for training people to compare eyebrow images are investigated in this article. Pairs of images were presented to volunteers who decided whether the images showed the same person or different people. A control group with minimal instruction and no training responded with 87.6% accuracy. A second group viewed 100 training pairs before the test and achieved 94.2% accuracy. A third group rated specific features in the images and had 0.1% improvement over the second group. Experimental results show that actively comparing at least thirty training images and receiving immediate feedback improves trainees’ performance six to seven percent. If a quantitative quality score is needed, a linear combination of similarity ratings on different features may be used.     

Forensic Analysis of Stains on Fabric Using Direct Analysis in Real‐time Ionization with High‐Resolution Accurate Mass‐Mass Spectrometry

A rapid technique using direct analysis in real ‐ time (DART) ambient ionization coupled to a high ‐ resolution accurate mass‐mass spectrometer (HRAM‐MS) was employed to analyze stains on an individual's pants suspected to have been involved in a violent crime. The victim was consuming chocolate ice cream at the time of the attack, and investigators recovered the suspect's pants exhibiting splatter stains. Liquid chromatography with mass spectral detection (LC‐MS) and stereoscopic light microscopy (SLM) were also utilized in this analysis. It was determined that the stains on the pants contained theobromine and caffeine, known components of chocolate. A shard from the ceramic bowl that contained the victim's ice cream and a control chocolate ice cream sample were also found to contain caffeine and theobromine. The use of DART‐HRAM‐MS was useful in this case due to its rapid analysis capability and because of the limited amount of sample present as a stain.     

关于确定量刑基准方法的新思考

作者借助刑罚轻缓化这一司法理念在审判实践中的量化,在量刑基准理论中引入了“刑罚轻缓平均浮动系数”这一概念,从而对量刑基准点进行了大致、直观、科学的判断,提出了确定量刑基准的方法,即以“谦抑中间格”方法确定犯罪的量刑基准。     

多波段光源显现DFO指纹的探讨

针对常见纸张上DFO处理后的指印,利用多波段光源各种波段光配合不同滤色镜进行显现效果观察实验,进而得出最佳显现方法.     

Application of non-contact scanning to forensic podiatry: A feasibility study

Foot impression evidence recovered from crime scenes can be available in the form of barefoot prints, sock-clad footprints, or as impressions within footwear. In some cases, suspects leave their footwear at the scene of the crime, and the insoles from the footwear can be important in linking a person to the footwear. The application of 3D data-collecting technology is becoming more and more popular within forensic science and has been used to recover footwear impression evidence. The present study is a feasibility study to discover if 3D data capturing devices can be applied to insoles; to capture the footprint impression for measurement using the Gunn method (a method used in forensic podiatry casework). Three different methods of data capture were conducted; Adobe Photoshop, MeshLab, and calipers used directly on the insole. Paired t-tests and Intraclass Correlation Coefficient (ICC) were conducted for all three data capture methods. Seven measurements used in this study were significantly different across all three methods. ICC scores were moderate to excellent for the Photoshop method, poor to good for the 3D method, and moderate to excellent for the Direct method.     

Ultraviolet illumination as an adjunctive aid in dental inspection

Tooth-colored resin fillings have become increasingly popular as restorative materials. Their presence in the dentition presents a challenge to the clinician and the forensic odontologist, as detection of the fillings can be difficult both visually and radiographically. As they necessarily form part of the unique dentition of an individual, recognition of the resins is important for forensic identification. Alternative light sources have been used with success in various fields of forensic science. In recent years small LED flashlights emitting at specific wavelengths in the ultraviolet light (UV) range have been developed. Their low cost, small size, and ready availability makes their use practical in both forensic dental inspection and clinical settings. UV inspection is of interest because enamel, dentin and dental materials all have differing fluorescent properties when illuminated by UV light. It was one goal of this research to quantitatively assess the fluorescence properties of modern restorative resins in order to predict their behavior during inspection using UV illumination. The second goal was to demonstrate practical use of UV in dental inspection with examples of how different materials fluoresce. Quantitative measurements were obtained for optical emission wavelength and intensity for 15 modern resins using a spectrophotometer. Results indicated that resin brands fluoresce at different wavelengths and with varying intensities. Practical use and comparison of the flashlights revealed that the most useful excitation wavelengths for resin detection were in the UVA range (365 and 380 nm). Porcelain restorations and composite resin fillings exhibited different responses to these two wavelengths and thus use of both is recommended for forensic dental inspection.     

A Novel Approach to the Examination of Soil Evidence: Mineral Identification Using Infrared Microprobe Analysis*

Abstract: Identification of minerals using the infrared microprobe with a diamond internal reflection objective is a rapid and reliable method for forensic soil examinations. Ninety‐six mineral varieties were analyzed, and 77 were differentiated by their attenuated total reflection (ATR) spectra. Mineral grains may be mounted in oil for conventional polarized light microscope characterization and their ATR spectrum obtained with little or no interference by the liquid. This infrared microprobe method can be used to identify silicates, phosphates, nitrates, carbonates, and other covalent minerals; however, ionic minerals, metal oxide and sulfide minerals, and minerals with refractive indexes greater than diamond do not produce identifiable spectra, but the lack of a spectrum or one with high absorbance values does provide useful information. This research demonstrates the overall utility that infrared microprobe analysis brings mineral identification in soil evidence.