The (im)possibility of trade marks being incognito (Netherlands)

In the battle to curry the favour of the fast-food consumer,McDonald's collided head on with its competitor Burger Kingat the beginning of this year; the key question in this disputewas whether Burger King was entitled to use the famous characterRonald McDonald in its commercials or whether, by doing so,Burger King was infringing the trade mark rights of McDonald's.     

Development of rust stains on the skin due to contact with a gun

In order to study the conditions for the formation of so-called rustmarks on the skin after contact with weapon steel tests to provoke rustmarks were performed on corpses and living bodies. These tests were only successful under the condition of a firm contact with the weapon steel and a certain minimum contact time between the weapon and the skin. The experiments showed that the critical parameters for the appearance of rustmarks are, first, the humidity of the skin and the environment, respectively, as well as the contact time, and second, the state of the weapon surface (greased or ungreased). Both the ambient temperature and the pH value of the skin (alkaline or acid) are irrelevant to the formation of rust. The longest time period until rustmarks appeared was observed on dry skin in contact with a greased weapon, namely 22 hours on a corpse and 170 min on a living subject. When using a greased gun humidity accelerated the formation of rust. An ungreased surface of the weapon also resulted in faster rust formation. The minimum time necessary for the formation of rust determined under the most favourable circumstances was 135 min for a corpse and 27 min for a living person. During the early postmortal interval the rustmark may therefore be another piece in the jigsaw towards determining the time of death on suicides committed with firearms.     

Fatality due to methyl acetylene-propadiene (MAPP) inhalation

A 33-year-old man died after intentionally inhaling a gaseous mix of methyl acetylene (propyne) and propadiene (allene) commonly known as MAPP, which is used for soldering and welding. He was found with a plastic bag securely placed over his head and a cylinder of MAPP alongside his head. The cylinder had been vented into the bag using a flexible hose. A comprehensive toxicological analysis revealed only a trace of diphenhydramine in the liver and 0.02 mg/L of morphine in the urine. Analysis of blood by headspace gas chromatography (HS-GC) detected two unknown peaks. These were determined to be the components of MAPP gas. MAPP was quantitated in femoral blood (59.6 mg/L) and brain (43.6 mg/kg) using a HS-GC method. The cause of death was attributed to acute MAPP intoxication, and the manner was determined to be suicide. A discussion on the analytical and interpretive considerations commonly encountered when analyzing volatile compounds is also presented.     

Fatty degeneration of myocardial cells as a sign of death due to hypothermia versus degenerative deposition of lipofuscin

Lipid-deposits in internal organs, e.g. nephrons, are discussed as reliable marker to determine hypothermia as cause of death. While investigations concerning lipid vacuoles in the epithelium of the renal tubules are already published, there is no systematic information available about hypothermia and lipid deposits in cardiomyocytes. Therefore, this retrospective study presents the first results of lipid-stainings of myocardial samples taken by autopsies in hypothermia-cases in comparison to samples from a control group. It was the aim of the study to clarify the conceivable causal relationship between death due to hypothermia and lipid-deposits apart from lipofuscin and fatty degeneration, respectively, in cardiomyocytes.     

“人格不法”刍议

"人格不法"理论以行为人的人格为中心,对行为、行为构成、违法性进行整合。这一理论使刑法学研究开拓了新视野、进入了新境界。人格不法的真谛,是将具有犯罪人格的、存在法定犯罪构成的行为类型的犯罪人,作为刑法学的出发点;将作为犯罪构成基本要素的行为,看作是行为人人格的外在表象;将不法的本质,看作是行为人具有犯罪人格。人格不法理论有多种功能,为刑法人性化、人道化指明了方向。     

Morphological findings of 'cardiac concussion' due to experimental blunt impact to the precordial region.

The dog's precordial region at the sternum was impacted with a mechanical elastic-cord propelled impactor at the velocity of 8.0 m/s. The left and right intraventricular pressures and electrocardiogram (ECG) were monitored continuously for 60 min after the impact. The micro- and ultra-structure of myocardium were examined. Localization of myocardial myoglobin (Mb), creatine kinase BB (CK-BB) and creatine kinase MM (CK-MM) as well as plasma membrane permeability were studied by immunohistochemical and lanthanum probe techniques. Upon the impact, abrupt over-pressures within both ventricles were recorded with transient depression of the left ventricular systolic pressure. In all the dogs, some rhythm- and conduction-disorders were noted, which lasted transiently and resumed to normal sinus rhythm. At autopsy, no gross injuries of the heart were detected, and microscopic examination showed no visible myocardial lesions. However, immunohistochemically, focal patchy loss of myocardial Mb, CK-BB and CK-MM was identified with scattered deposition of these substances between myocardial fibers elsewhere. Such changes as relaxed myofibrils with widened I band, contracted myofibrils and broken cristae of the mitochondria were observed in myocardial ultrastructure. Lanthanum particles deposited inside the mitochondria. These results indicate that increase in cardiac cell membrane permeability and ultrastructural damage in myocardium may be involved even in cardiac concussion.     

大鼠骨骼肌钝挫伤分级模型的建立

目的建立一个控制性、重复性好,并可分级的骨骼肌挫伤动物模型。方法采用自行设计的机械式撞击装置,以撞击速度（velocity,v）和形变（deformation,DF）作为外力参数,并保持较恒定的撞击时间,使击锤打击瞬间速度不同,造成轻、中、重不同程度的大鼠腓肠肌挫伤。结果在肉眼、HE染色观察下．39只大鼠腓肠肌出现可分级的病理学改变。在低撞击水平（v：2m／s,DF：5．5mm）,轻度挫伤组病理改变局限于大鼠腓肠肌肌外膜和腓肠肌表层部位;在中度撞击水平（v：2．5m／s,DF：6．5mm）,中度挫伤组病理改变可见于大鼠腓肠肌肌外膜和大部分腓肠肌;在高撞击水平（v：3m／s,DF：7,5mm）,重度挫伤组病理改变除中度挫伤组累及部位外,还伤及比目鱼肌。结论该模型制作出常见的钝力性骨骼肌挫伤,以撞击速度和形变作为外力参数,成功建立了机械骨骼肌挫伤分级模型,致伤程度较一致,是骨骼肌挫伤研究较合适的动物模型,为深入研究钝力性骨骼肌挫伤奠定了基础．     

A possibility for identification of the knife's edge in stab wounds (author's transl)

It is known from forensic-medical practice that the wound track of stab wounds reflects the form and dimensions of the knife's edge, when there are no supplementary cuts. If the wound channel passes through compact organs (liver, kidney, spleen, etc) it can be exposed for direct observation by removing one of its sides which allows observation of the approximate form and dimensions of the knife's edge. It enables eliminatione of those weapons which do not fit. A case of homicide is described with 9 stab wounds, one of which penetrating the liver, where the above described method was successfully used. A case of an adult man's murder is described with 9 puncture wounds, one of which penetrating the liver, where the above described method was successfully used. A case of an adult man's murder is described with 9 puncture wounds, one of which penetrating the liver, where the above described method has been successfully applied.     

The impact of license plate recognition technology (LPR) on trust in law enforcement: a survey-experiment

Objectives

We examine the extent to which individuals' knowledge of an advanced police technology (license plate recognition or "LPR") may impact perceptions of police. Technologies with the capacity to track individuals' movements are becoming increasingly common in police practice. Although these technologies may yield positive benefits, their use may also heighten community concerns about increased surveillance, data storage, and data security, thereby potentially negatively impacting community-police relationships.

Methods

We utilize a survey-based experiment with randomized assignment of participants (n=405) to investigate the impact of individuals' knowledge of LPR use on a variety of police perceptions, including trust in police, community approval, respect for citizens, and respect for individual rights.

Results

Most respondents were unaware of LPR use prior to the survey. When compared with a control group, respondents who encountered brief mentions of LPR functions on the survey expressed significantly lower levels of trust in police. Additionally, "strong agreement" with other positive statements about police also appears to have declined in this sample in response to LPR information. Notably, the sample contained high pre-existing levels of trust and support for police, factors which may have moderated the impacts of LPR information.

Conclusions

These results support the hypothesis that awareness of LPR use may negatively impact perceptions of police, including trust in police. More generally, although technologies like LPR represent technological innovations, they may also yield unintended consequences, including the potential to undermine police-community relations if adoption decisions are not accompanied by sufficient transparency or community support.

     

Plastic face reconstruction as a possibility for identifying unknown skulls (II). An evaluation of the reliability of the reconstruction technic by a double-blind trial

In a double blind-trial two examiners reconstructed the soft tissue on lifelike casts of 12 skulls. They worked independently after having been given information about age, sex and constitution of the person in question and following a reconstruction plan based on the morphology of the skull. The comparison of the completed reconstruction with each other chiefly showed approximate to far-reaching degrees of resemblance and conformity. The comparison of reconstructions and photographs of the individuals also showed predominantly approximate to far-reaching likeness of the general impression, and, with one exception, at least little likeness was achieved. The reconstruction of soft tissue on the skull proved to be a relatively useful method of identifying unknown skulls, provided information on the colour and length of the hair, and possibly on the hairstyle as well, is at the examiner's disposal.     

An accidental death due to Freon 22 (monochlorodifluoromethane) inhalation in a fishing vessel

We have firstly presented a case using post mortem corrosive method in forensic medical practice after coronary stent implantation. Occlusions, fate of side branches could be detected during the clinical diagnostic angiography, intravascular ultrasound, computed tomography; however, the forensic medical determination of cause of death, identification of complications needs a careful post-mortem investigation. The injection-corrosive method seems to be a useful assistance in the characterisation of pathomorphological changes after stent implantation. Besides the classical techniques of histology, immunohistochemistry, electron microscopic investigation we have introduced a new synthetic resin corrosion cast method. This three-dimensional corrosion cast preparation may provide new data about the actual morphological condition of the coronary vessels and a better understanding of the pathomechanisms of sudden cardiac death after percutaneous coronary intervention.     

Morphological findings of ‘cardiac concussion’ due to experimental blunt impact to the precordial region

The dog’s precordial region at the sternum was impacted with a mechanical elastic-cord propelled impactor at the velocity of 8.0 m/s. The left and right intraventricular pressures and electrocardiogram (ECG) were monitored continuously for 60 min after the impact. The micro- and ultra-structure of myocardium were examined. Localization of myocardial myoglobin (Mb), creatine kinase BB (CK-BB) and creatine kinase MM (CK-MM) as well as plasma membrane permeability were studied by immunohistochemical and lanthanum probe techniques. Upon the impact, abrupt over-pressures within both ventricles were recorded with transient depression of the left ventricular systolic pressure. In all the dogs, some rhythm- and conduction-disorders were noted, which lasted transiently and resumed to normal sinus rhythm. At autopsy, no gross injuries of the heart were detected, and microscopic examination showed no visible myocardial lesions. However, immunohistochemically, focal patchy loss of myocardial Mb, CK-BB and CK-MM was identified with scattered deposition of these substances between myocardial fibers elsewhere. Such changes as relaxed myofibrils with widened I band, contracted myofibrils and broken cristae of the mitochondria were observed in myocardial ultrastructure. Lanthanum particles deposited inside the mitochondria. These results indicate that increase in cardiac cell membrane permeability and ultrastructural damage in myocardium may be involved even in cardiac concussion.     

Obligation to medical treatment as a possibility of medical and social supervision (author's transl)]

In lectures of forensic medicine and in jurisdiction the patient's decision to release his secret records of medical examinations and treatment is considered to be an intangible right. Actually this privilege is only existing for the rich patient who can afford it to resign economic help in daily life and in case of illness, disablement and of incapability of earning his living. The population of our social state is largely subjected to obligations to disclose, tolerate and cooperate. In Civil Right, Social Right and in Labour Law theoretically this cannot be enforced, but it is forced in fact by refusing social and insurance accomplishment. If a young person refuses medical tests, a veto of employment will result. An employee will not get a position in an industrial firm where a medical department had to be established according to the law, or in the public service, if he refuses medical tests. In the attempt to extend the social insurance system to the whole population and to extent medical service in industry to all employees within certain time, there is no longer space for avoiding the social pressure for medical good conduct. Wanting to live a civil life one has to obey those directions. The postulation of lecturers and of High Courts concerning the patients decision on medical examination and treatment has only explanatory value and does not consider medical insurance and labour aspects. Further legal restrictions of this fundamental rights exist in Criminal Law.     

The impact of medical technology on the pregnant woman's right to privacy

It has been suggested that the advance of science and technology in the West has changed both the relationship of man to nature and of man to man. With regard to human reproduction, science and technology in medicine may certainly change the relationship of man to nature and of man to man, but also the concept of what it means to be human. Efforts must be taken to guarantee the rights of all humans. The author explores developing reproductive medical technology to consider how it may change our concept of humanness and how that change may be accommodated, encouraged, or impeded by the relationship between the government and its pregnant citizens as defined by the US Constitution and the right to privacy. Sections discuss the Constitution at the beginning of life; sterilization and the right to procreate; contraception, abortion, and the right not to procreate; and surrogacy. The author also discusses constitutional issues when the interests of a pregnant woman conflict with those of the fetus in terms of fetal surgery, forced cesarean-section cases, and the fetal abuse case of Pamela Monson Stewart.