Applying the Strategies of International Peacebuilding to Family Conflicts: What Those Involved in Family Disputes Can Learn from the Efforts of Peacebuilders Working to Transform War‐Torn Societies

Intractable international conflicts and difficult or intractable family conflicts have much in common. Relationships are damaged or destroyed, escalation causes parties to become polarized and make bad decisions, communication is strained or nonexistent, and competition and coercion take the place of collaboration. Similarities also exist in the realm of solutions, and those caught in (or intervening in) difficult family conflicts can learn much from the strategies and tactics of international peacebuilders. This article describes eight steps that peacebuilders at both the family level and the international level can take to make very damaging conflicts more constructive.

Key Points for the Family Court Community:
• Limiting escalation is important in both contexts.
• Preventing or correcting misunderstandings is key to resolution in both contexts as well.
• Be sure you are focusing on the real problem(s).
• Get the facts straight (and agreed upon) before making agreements.
• Healing past wrongs is important for long term stability.
• Working both within and beyond the zone of possible agreement (ZOPA) is essential in both contexts.
• Working to improve relationships helps all parties and improves the outcome.

     

Evaluation of amylase testing as a tool for saliva screening of crime scene trace swabs

Amylase testing has been used as a presumptive test for crime scene saliva for over three decades, mainly to locate saliva stains on surfaces. We have developed a saliva screening application for crime scene trace swabs, utilising an amylase sensitive paper (Phadebas^® Forensic Press test). Positive results were obtained for all tested dried saliva stains (0.5–32 μL) with high or intermediate amylase activity (840 and 290 kU/L). Results were typically obtained within 5 min, and all samples that produced DNA profiles were positive. However, salivary amylase activities, as well as DNA concentrations, vary significantly between individuals. We show that there is no correlation between amylase activity and amount of DNA in fresh saliva. Even so, a positive amylase result indicates presence of saliva, and thereby presence of DNA. Amylase testing may be useful for screening in investigations where the number of DNA analyses is limited due to cost, e.g., in volume crime.     

论盗骗交织犯罪的区分

根据欺骗是为窃取创造条件还是诱导交付,何者对财产转移起决定性作用,可以对盗骗交织犯罪作第一层过滤。再根据被害人控制意识与控制可能性的有无,又可将交付型盗骗交织犯罪分为纯正交付型和不纯正交付型。在纯正交付型盗骗交织犯罪中,起决定作用的是欺诈隐瞒行为,被害人理应辨明真伪但陷于圈套,交付归根结底是缘于欺诈而作出,未脱离骗取的本质,采用"处分意识不要说"以诈骗罪论具有合理性。个别情况下还需考察被害人对于事实之真伪是否具有实质性审核判断义务,若有实质性审核判断义务但因没有认识或者预见到而交付当属受骗,不构成被利用的工具;不具备此义务而作出的交付则属于被利用的工具。"偷换二维码案"中的处分人只是依照交易习惯或者惯例而行动,没有实质性审核义务,事实上与机器无异,因而属于被利用的无意识的工具。"收购水稻案"与"收购废铝案"的被害人本身有处分全部财产的意思,行为人通过做手脚的方式使其对财物的数量和价值发生错误认识从而少支付价款,属于欺骗他人免除债务型诈骗。盗骗交织犯罪只有一个行为对财物转移占有起决定性作用,当属一罪,按照想象竞合处理会不当加重行为人的责任。     

Validation of presumptive tests for non-human blood using Kastle Meyer and Hemastix reagents

Kastle Meyer and Hemastix reagents are presumptive tests commonly used in forensic casework for the detection of blood, and their suitability has been reviewed in numerous publications. However, studies to date have focused on the validation of these tests on human blood alone, and no published work has looked at the sensitivity, specificity and effect on DNA analysis when using these reagents to presumptively test for animal blood. The aim of this study was to validate the two reagents for use with animal blood, and compare their performance in order to choose the best test based on the circumstances in wildlife crime investigation.The sensitivity, specificity, stability and robustness of the methods were assessed by experiments with dilutions of animal blood (from 1:4 to 1:65536) using direct and indirect (rub) tests, potential interfering substances, blood sources from different species and aged blood. The effects of the two reagents on subsequent DNA analysis were also investigated.During the direct tests, Kastle Meyer showed a higher sensitivity, detecting blood down to a dilution of 1:16,384, one order of magnitude lower than Hemastix. However during the rub test, Hemastix showed a higher sensitivity, detecting blood down to a dilution of 1:64 on porous materials while Kastle Meyer was positive only down to a dilution of 1:16. Moreover, when using the same swab for presumptive testing and DNA extraction, Hemastix testing allowed amplification of a sufficient amount of DNA for species identification at its limit of sensitivity on porous materials (1:64) while Kastle Meyer inhibited most amplification of DNA at its less sensitive limit of 1:16 dilution. On the other hand, Hemastix showed a much lower specificity, producing false positive results when exposed to tomato, potato, rust, avian uric acid, bleach and sink rot, while Kastle Meyer only produced a faint positive reaction from potato. Both tests performed equally well detecting fresh blood of different animal species. The stability test gave comparable results among the tests except for aged fish blood stains, where the Kastle Meyer test performed poorly.Owing to its ease of use, higher sensitivity, and lack of interference with downstream DNA analysis, and despite its reduced specificity compared to Kastle Meyer, the Hemastix method is more appropriate for use in wildlife crime investigations. Positive results would always be confirmed with DNA analysis and the low interference of the reagent will allow the use of a single swab for presumptive testing and DNA sampling.     

论注册会计师不实财务报告的民事责任

注册会计师因过失出具虚假财务报告而致第三人受损的,应作为独立的责任主体对第三人承担责任,此种责任的归责原则为过错推定。独立审计准则是行业协会的内部自律性规则,不能作为认定会计师过错的法定标准,应以“职业注意义务”作为衡量会计师过错的标准,会计师一旦因故意或过失出具不实财务报告,应认定与委托人构成共同侵权,对第三人承担连带赔偿责任。     

走出行政行为公定力的理论困境——对沈岿教授的部分回应

在行政行为诸效力中,学界对公定力的争议最大。不但对公定力应否存在具有重大分歧,甚至在有限公定力说的阵营内部也存在诸多争论。沈岿教授曾撰文指出了使公定力理论走出困境所必须解决的六大问题,除了最后两个涉及刑事诉讼和民事诉讼的问题外,前四个问题可一一作出回应,以拨开长久以来笼罩在公定力之上的浓雾,帮助公定力走出所面临的困境,进而推动行政行为效力研究的发展。     

Development of biological standards for the quality assurance of presumptive testing reagents

Forensic scientists periodically check working test reagents with knowns or standards to verify that the presumptive testing reagents are working properly. Oftentimes, this is done with a neat body fluid such as blood or saliva that is dried onto a swab and kept in a freezer. The problem with this practice is that a degrading test reagent, for example acid phosphatase testing reagent, may test positive on a neat standard but miss a weak semen stain from a case.To ensure that presumptive testing reagents are working properly, a series of “weak” standards have been developed for the testing of acid phosphatase, amylase, creatinine and hemoglobin. The preparation and use of these biological standards will be discussed.     

The analysis of biological samples from crime scene for a future human DNA profile confrontation. Effects of presumptive test reagents on the ability to obtain STR profiles for human identification

Because of the increase of evidence of blood stains, that have been washed or cleaned in an attempt to mask the analysis of DNA profiles, there is also an increase in the use of presumptive tests on samples sent to laboratories. Some of the presumptive tests, used to identify blood and semen stains, could potentially affect the recovery of high molecular weight DNA from the samples, or extinguish them, especially those already present in small quantities. After the presumptive tests, often these samples are discarded. This study aimed to examine the possibility of obtaining a DNA profile from samples submitted for presumptive testing and cleaned with bleaches with and without chlorine. Two different protocols were conducted: (a) A unique sample of human blood in natura (5 μL), already typed through the DNA techniques with the genetic profile previously known (control), was distributed onto cotton fabrics and dried at room temperature. Four samples of fabric were macerated in saline solution and Coombs serum and then stored for three months (room temperature and freezer −20 °C). (b) Another sample of human blood, type A, in natura, already typed through the techniques of DNA (control) was used. Aliquots of 200 μL were distributed in: cotton, denim and synthetic fabric. The samples were dried at room temperature for 24 h. The blood stains in those fabrics (cotton, denim and synthetic) were then divided into three groups: unwashed, cleaned with chlorine bleach and cleaned with chlorine bleach and soap powder. The samples were again dried at room temperature for 24 h, before the use of luminol. The DNA were extracted with Chelex 100 and amplified with the Identifiler Kit (Applied Biosystems). The blood stains exposed to saline and Coombs serum had DNA profiles consistent with untreated samples (controls). This result shows that the experts should keep and store the samples treated with saline and Coombs serum for future DNA confrontation when necessary. Also discussed in this paper the pattern of blood stains after washing with bleaching solutions, as well as the quantity of DNA obtained from these samples.