Divorce related malicious mother syndrome

With the increasing commonality of divorce involving children, a pattern of abnormal behavior has emerged that has received little attention. The present paper defines the Divorce Related Malicious Mother Syndrome. Specific nosologic criteria are provided with abundant clinical examples. Given the lack of scientific data available on the disorder, issues of classification, etiology, treatment, and prevention appear ripe for investigation.     

利用ATM故障恶意取款案的法律性质辨析

Malicious withdrawal from ATM constitutes offence of theft and belongs to “theft from financial institutions”. In case of “extremely huge amount”, according to China’s Criminal Law, the minimum statutory penalty for the accused is life imprisonment, which is undoubtedly too severe. So far as judiciaries are concerned, reflection should be made with respect to the relevant legislative provisions. In handling individual cases, the wisest practice for judiciaries is to refer to the provision of clause 2 of article 63 of the Criminal Law, hence submitting them to the examination and approval by the Supreme Court for mitigation of penalties. Fu liqing, Ph.D graduate of Peking University (major in the science of criminal law), is now a lecturer at Law School of Renmin University of China. He once learned at Law School of Tokyo University of Japan (2004.10∼2006.9). His representative works are Make-up of the Rule of Law, Voice of the Rule of Law, Theory of the Subjective Illegal Elements—Evolving with the center of intention crime. Meanwhile, he has about 40 articles published in academic journals. His recent research is in the field of theoretic re-construction of the constitutive crime elements and the application of interpretation method on criminal law, etc.     

从商标抢注看商标法完善

在市场竞争日趋激烈的今天,商标抢注事件时有发生。商标抢注行为违背了商标法的立法宗旨、损害了商标在先使用者的利益和消费者的利益,违背了诚实信用原则,扰乱了正常的社会经济秩序。商标抢注问题亟需解决。本文对商标抢注现象产生的原因及其危害进行了分析,指出了现有立法的不足,并提出了完善我国商标法、制止恶意抢注商标行为的立法建议。     

恶意透支及其刑法规制

恶意透支有一般违法型恶意透支和犯罪型恶意透支,我国刑法规制的是犯罪型恶意透支。在各种类型的恶意透支中,积少成多型和骗领信用卡型是两种最基本的表现形式。刑法规制的恶意透支主体不仅仅限定为自然人,还应包括单位。恶意透支行为是恶意透支犯罪的客观方面,刑法对于恶意透支行为作了法定解释,但如何认定恶意透支行为,对恶意透支犯罪行为的刑法规制采用何种立法例更适宜等问题的探讨,具有重要的现实意义。     

Book Reviews

Book reviewed in this article: The Maltreated Child: The Maltreatment Syndrome in Children—A Medical, Legal and Social Guide, 5th Ed. by Vincent J. Fontana & Douglas J. Besharov, Charles C. Thomas A Sourcebook: Serious, Violent, and Chronic Juvenile Offenders by James C. Howell, Ph.D, Barry Krisberg, Ph.D, David Hawkins, Ph.D, John J. Wilson, J.D., MBA     

Women's Defences

ABSTRACT

This paper examines theoretical and practical problems surrounding the use of women's defences such as Battered Woman's Syndrome, Premenstrual Syndrome and Postpartum Depression. A framework for deconstructing women's defences which exposes power relationships preserved by legal discourse is offered. The central argument presented is that a contextual examination which links practice to theory reveals that women's defences are not necessarily harmful to women, but that specific feminist strategies must be developed to ensure that such defences do not replicate existing power-knowledge dynamics within legal discourse.     

论信用卡诈骗罪

信用卡诈骗罪有两种基本类型 :一是利用他人名义下的信用卡诈骗 ;二是利用自己名义下的信用卡诈骗。盗窃信用卡并使用的 ,其性质仍然是利用信用卡诈骗 ,不宜定盗窃罪。恶意透支不具有诈骗的实质 ,不宜定信用卡诈骗罪 ,有必要另立罪名。     

Acting on delusions: the role of negative affect in the pathway towards serious violence

Acting violently on delusions is a significant clinical problem. Recent research has identified state anger as key component in the pathway from persecutory/threat delusions to serious violence. To determine the magnitude of the effect of delusional anger and to investigate a dose-response relationship we carried out a prospective follow-up study of forensic in-patients discharged into the community. Men and women (n = 409) were assessed before/after discharge at 6 and 12 months (Positive and Negative Syndrome Scale, MacArthur Community Violence Interview). No association was found with a content un-specific measure of delusions, thought disorder, hallucinations, grandiosity and violence. Suspiciousness/persecution was significantly associated with both violence and anger. Anger was also associated with violence. Mediation analyses suggested that 84% of the association between suspiciousness/persecution and violence was explained by anger. Key target of interventions should primarily be the anger; treatment of delusional beliefs plays a secondary role in the management of risk.     

‘Wayward Girls and Wicked Women’: Two Centuries of ‘Semi-Penal’ Control

This paper explores the way in which unruly or `deviant' women have historically been subjected to various strategies and mechanisms of control, designed to regulate and reform them back to the acceptable and appropriate standards of femininity from which they were perceived to have strayed. In particular the way in which `semi-penal' institutions were utilised for this purpose is examined. It is argued that `semi-penal' institutions such as refuges, reformatories and homes, occupied a unique position within the social control continuum, somewhere between the formal regulation of the prison and the informal control of the domestic or communal sphere. What made them particularly unique was the way in which they managed to combine both formal and informal methods of control in order to produce feminising regimes, aimed at reforming recalcitrant women into respectable, gendered subjects. In addition, these institutions had the effect of `widening the net' of control for women, establishing an all-encompassing system of surveillance which was at once punitive and reformative. To facilitate this analysis, five groups of women have been identified; prostitutes, criminals, the `wayward', inebriates and the `feeble-minded'. The specific methods utilised to control and reform each of these groups will be discussed along with the themes of continuity which serve to synthesize the history of the treatment of such women. This revised version was published online in August 2006 with corrections to the Cover Date.     

The Identification of Ingested Dandelion Juice in Gastric Contents of a Deceased Person by Direct Sequencing and GC–MS Methods*

Abstract: DNA and chemical analysis of gastric contents of a deceased person were handled in this work. The body of the victim was discovered in his car, submerged in a lake. We were asked to determine whether or not the gastric contents of the victim harbored drugs and dandelion material. It was suspected that the victim had been murdered by poisoning with an excess amount of sleeping medication (doxylamine), which had been homogenized with dandelion. The concentrations of 11.4 and 27.5 mg/kg of doxylamine detected from spleen and liver of the victim were far higher than the assumed therapeutic concentration. Via gas chromatography–mass spectrometry (GC–MS) analysis and direct sequencing analysis of plant genetic markers such as intergenic transcribed spacer, 18S ribosomal RNA (rRNA), rbcL and trnLF, it was confirmed that the gastric contents of the victim contained taraxasterol, which is one of the marker compounds for dandelion and contained dandelion species‐specific rbcL and trnL‐trnF IGS (trnLF) sequences. The initial PCR of the genomic DNA isolated from the gastric contents showed insufficient quantity, and the second PCR, of which the template was a portion of the initial PCR products, exhibited a sufficient quantity for direct sequencing. rbcL and trnLF located in the cpDNA resulted in the successful determination of dandelion DNA in a decedent’s stomach contents. GC–MS identifies the actual presence of a taraxasterol at 28.4 min. Raw dandelion was assumed to be used as a masking vehicle for excess sleeping drug (doxylamine).     

Airport Noise and the Right to Family Life: A Legitimate Application of Article 8 of the European Convention?

The central question in this piece is the scope of Article8 of the European Convention on Human Rights and in particular its extension to the protection of environmental rights.Whilst environmental rights have been recognised as fundamental human rights in international and regional contexts, the extension of the positive obligations of the state in relation to Article 8, which focuses on the private sphere, is problematic where there is an onus on the individual state to balance the inevitable conflicts between the protection of individual rights and national economic interests which include the freedom of individuals and groups to enjoy the benefits of competitive business. Equally important is the question ofeffective remedies where a violation of the Convention has been found. This revised version was published online in August 2006 with corrections to the Cover Date.     

A Reaction to Popular Hysteria: The Titles Deprivation Act 1917

The Titles Deprivation Act represents the `other side of the coin' of King George V's decision in 1917 to divest the Royal Family of its appearance of German-ness and adopt an outwardEnglishness by renouncing the German titles of its members and adopting the surname of Windsor. The Act created a mechanism by which German holders of British royal titles and peerages could be deprived of those honours on grounds which had no precedent in earlier law and practice, this mechanism being used for the first and only time in an Order in Council of 28th March 1919 to deprive three German princes and one Austrian, two of them first cousins of George V and a third an uncle by marriage, of the British titles which they held. This paper considers, first, the background to the Act and, in particular, the reason why legislation on this highly controversial issue was introduced in Parliament only after theFirst World War had been going on for two-and-a-half years. It identifies the reason for this delay as the reluctance of the Asquith Government to involve the King as the `fountain of honour' with a course of action which he personally considered to be petty and undignified and of no importance to the war effort, and hypothesises that the Government's change of heart resulted from the trial and execution of Roger Casement for treason, with which there is an exact coincidence in time. Second, the paper considers the manner in which the Bill was drafted, identifies its distinctive features and follows its passage through Parliament. Third, it considers the manner in which the provisions of the Act were put into effect, in particular the manner in which evidence was gathered to create a case against the persons affected by it. This revised version was published online in August 2006 with corrections to the Cover Date.     

Stable isotope profiling of burnt wooden safety matches

Arson is a significant problem around the world, and is a crime which results in a low number of convictions. The scene of an arson can be varied, commercial, residential or national park, and recently cases have been identified which were initiated by a lit match. Matches can be recovered from a scene, usually in a burnt condition. The benefit of analysing unburnt matches has been researched previously [1,2]. In most cases, burnt matches are recovered from scenes, and therefore the research was extended to investigate the potential of using IRMS to analyse burnt matches. This includes samples which have been exposed to petrol, and various fire extinguishing chemicals.Matches were sectioned to reveal central unburnt portions of wood and analysed by isotope ratio mass spectrometry (IRMS). The stable isotope profile (SIP) of the wooden matchstick samples was unaffected by the presence of both petrol and a variety of fire extinguisher chemicals. Any changes seen could be attributed to the natural variability of isotopic composition encountered in a natural material such as wood. These findings were confirmed by the isotope analysis of 19 matchstick samples placed in mock fire training scenarios. The data was examined using a paired t-test and Hotellings T² test for a single sample.     

Caution in the Classroom: K-12 Teacher In-Class Speech,The Federal Courts and Garcetti

The federal courts’ approach to regulating K-12 public school teacher speech in the classroom has been split during the past twenty years. Some circuit courts use Pickering v. Board of Education, in which speech is examined to see if it touches on a matter of public concern. Others prefer Hazelwood v. Kuhlmeier, which focuses on whether speech is school-sponsored and whether the school had a legitimate reason for restricting it. In 2007, Garcetti v. Ceballos offered a new perspective on public employee speech. In that case, speech was examined to determine whether it was related to an employee's professional duties. An examination of federal court treatment of in-class teacher speech before and after Garcetti shows the case has further complicated the issue because it is being embraced by some federal courts as an appropriate precedent when dealing with classroom speech.     

Measuring the validity and reliability of forensic likelihood-ratio systems

There has been a great deal of concern recently about validity and reliability in forensic science. This paper reviews for a broad target audience metrics of validity and reliability (accuracy and precision) which have been applied in forensic voice comparison and which are potentially applicable in other branches of forensic science. The metric of validity is the log likelihood-ratio cost (C_llr), and the metric of reliability is an empirical estimate of credible intervals. A revised procedure for the calculation of credible intervals is introduced.     

Genetic variability of RyR2 and CASQ2 genes in an Asian population

We analyzed the coding regions of the cardiac calcium-handling genes, ryanodine receptor 2 (RyR2) and calsequestrin 2 (CASQ2) for genetic variants in a healthy Chinese population (n = 95) and in a cohort of 28 sudden unexplained death victims. Mutations in RyR2 and CASQ2 have been shown to alter calcium homeostasis during excitation–contraction coupling and predispose individuals to fatal cardiac arrhythmias. The genetic screening was accomplished by denaturing high-performance liquid chromatography and DNA sequencing methods. Genetic analysis revealed the following non-synonymous genetic variations: two reported RyR2 polymorphisms; 5654G>A (G1885E) and 5656G>A (G1886S), two reported CASQ2 polymorphisms; 196A>G (T66A) and 226G>A (V76M) and one novel CASQ2 mutation; 529G>C (E177Q). The functional significance of the novel CASQ2 mutation has not been evaluated and characterized. This study shows that multiple genetic variations of the RyR2 and CASQ2 genes exist in the two study populations. The inter-individual genetic variability may underlie the different susceptibility of individuals to developing ventricular tachycardia. The research results will be valuable for which future work involving clinical and forensic samples can be based upon to distinguish potential disease-associated mutations from common polymorphisms.     

Burial Patterns during Times of Armed Conflict in Cyprus in the 1960s and 1970s

The island of Cyprus experienced two periods of intercommunal conflict during which c. 2000 individuals went missing. The Committee on Missing Persons in Cyprus began a program of exhumations in 2005, through which more than 185 burial sites pertaining to the two periods of conflict have been identified and excavated. The aim of this study was twofold: (i) to present a classification of the main types of clandestine burial and (ii) to test the hypothesis that the nature of conflict influences the mode of interment. Burials can be divided into “public burials” and “concealed burials,” based on the possible motives of those involved in the interment and then subdivided into smaller categories based on similarities in archeological context. A comparison of results from the two periods of conflict reveals that there are statistical differences (p < 0.005), which indicate that the mode of interment may reflect the nature, character, and atmosphere of conflict.     

商标授权确权中地域性原则的重构——基于中美实践的比较

继存废争议后,人们对地域性原则的真正内涵少有研究。恶意抢注外国知名商标屡禁不止,根源在于对外国商标使用地域限定为中国大陆地区及将国内使用作为第一要件的要求,不符合现代商业实践及商标法地域性原则。经比较,美国法不以外国商标在境内使用为条件,只要抢注行为对美国相关公众识别利益造成误导和混淆即予以禁止,体现了保护本国法益的地域性原则本质。实用主义财产理论和反欺诈理论认为,在使用行为和显著性效果二元论下应以显著性效果为皈依。地域性原则内涵既包括行为地,更包括结果地,在授权确权中应摒弃以商标使用行为地为标准的做法,建立以商标知名度所及之结果地的地域性标准,并结合抢注者主观恶意,认可域外使用证据,对显著性所及之本国公众利益予以保护。     

Traceology,criminalistics, and forensic science

There is a serious issue within the forensic science community, which even extends outside of the field. The role of the scientist in the investigation of crime has been increasingly confined to the laboratory, which has been accompanied by the conflation of the terms forensic science and criminalistics. This unfortunate situation has been festering for years. To make matters worse, the era of the proactive, problem-defining, criminalist (generalist) is waning, and possibly over. Present-day “criminalists” are treated as little more than reactive, protocol-constrained, laboratory technicians, with few, if any, consequential crime scene roles. In most cases, these “criminalists” merely respond to routine requests from prosecutors and police. The absence of science at the front end of forensic investigations, i.e., the scene, has resulted in biased, ineffective, inefficient, and/or erroneous outcomes with immediate and long-term societal impacts. To disentangle this imbroglio, we propose the use of another term, traceology, which has seen limited use worldwide except in the field of archaeology. With respect to criminalistics, this term has been previously proposed by Margot (20–21). Traceology is an historical science, dealing with the examination, analysis, and scientific interpretation of event traces (signs or remnants) of earlier activities. In this commentary, we define and redefine familiar, but ambiguous, terms and concepts with the hope of recapturing the essence of criminalistics (32), which we suggest is best termed traceology.     

Interrogation techniques and memory distrust

Abstract

Guideline judgements in English sentencing have been subjected to little scrutiny by non-lawyers. In this paper, the writers examine one guideline judgement, R v. Oliver and Others, which concerns the sentencing of offences involving indecent photographs and pseudo-photographs of children. Ten post-Oliver cases where a sentence was appealed are analysed and the results reported. The writers find the guideline's internal logic wanting, with shortcomings reflected in the patchy and non-obvious inferences made in appellate judgements of cases of the kind covered in Oliver. The writers propose flowcharting as a heuristic device in the development of guideline judgements, and possibly as a form of representation of judgements parallel to text-based formulations.