唐律“格杀勿论”渊流考

"格杀勿论"在《唐律》中有3条:第一,允许主家登时格杀"夜无故入人家";第二,允许将吏可以格杀持杖拒捕者或逃犯;第三,允许"旁人"在捕格贼盗、强奸、和奸案时将拒捕者格杀。唐律"格杀勿论"渊源于秦汉甚至更早的法律,经过宋元时期的发展,明律删除"傍人皆得捕系"条,又增加"杀死奸夫"的法律规定。清代,"杀死奸夫"的律条通过不断地增修条例,使奸案中"格杀勿论"的条款更加纷繁复杂。     

An Unusual Zip Gun Suicide—Medicolegal and Ballistic Examination

Abstract:  Home-made guns are imitations of typical firearms and usually have handgun characteristics. This article presents an unusual case of a suicide carried out by means of a fatal gunshot wound to the head using a home-made zip gun. A 49-year-old male, with a history of paranoid psychosis was found dead in the dwelling place of a family house. The investigation at the crime scene did not lead to suspicion of a gunshot wound because of the unusual nature of the firearm used. A medical examiner diagnosed an opened head injury as the primary cause of the victim's death. The autopsy findings provided immediate grounds for further inspection of the crime scene. Subsequently, a simple zip gun, which had been overlooked during the scene investigation, was discovered. An undeformed projectile recovered from the victim's head was consistent with the use of the home-made firearm. Following the completion of the investigations and autopsy, the death was classified as a suicide.     

The application of NIST's Fire Dynamics Simulator to the investigation of carbon monoxide exposure in the deaths of three Pittsburgh fire fighters

A case is reported in which computer fire modeling was used to reevaluate a fire that killed three fire fighters. NIST's Fire Dynamics Simulator (FDS) was employed to model the fire in order to estimate the concentration of carbon monoxide present in the dwelling, which was the immediate cause of death of two of the fire fighters, who appear to have removed their face pieces in order to share available air. This estimate, along with an assumed respiration volume and known blood carboxyhemoglobin, was plugged into a standard equation to estimate the time of exposure. The model indicated that 27 min into the fire, the carbon monoxide concentration had already reached approximately 3600 ppm. At this concentration, and a respiration of 70 L/min, an estimated 3 to 8 min of exposure would have been required to accumulate the concentrations of carboxyhemoglobin (49, 44, and 10%) measured on the fire fighters at autopsy.     

Perceived Injustice Predicts Intention to Litigate: Findings from a Spinal Cord Injury Sample

The current study examined the association between perceived injustice (assessed by the Injustice Experiences Questionnaire) and intent to litigate in a sample of individuals who had recently suffered a spinal cord injury and were currently on an inpatient rehabilitation unit. Higher perception of injustice was associated with reported interest in litigation. In logistic regression analyses, perceived injustice uniquely differentiated between individuals who foresaw involvement in litigation versus those who did not, with the blame/unfairness factor of the Injustice Experiences Questionnaire emerging as more significant than the severity/irreparability of loss factor. Both anticipated litigation and higher perception of injustice were associated with greater attribution of responsibility for injury to other person(s) and reduced forgiveness across a number of domains. Finally, a receiver operating characteristic (ROC) curve analysis was conducted to identify IEQ score most associated with anticipated litigation. This study is the first to examine perception of injustice in a spinal cord injury sample or the association between perceived injustice and litigation intent. Results support the possibility that psychological appraisals of injury may have significant legal ramifications.     

居住权探析

居住权是在他人的房屋所有权上设立的一种用益物权,居住权人对他人所有的房屋及其附着物享有占有、使用乃至收益的权利。居住权以其特有的物权效力对财产所有权的归属与财产的利用权进行分配,有利于发挥房屋效用、实现对房屋的最大化和用,也有利于保护弱势群体,因而其制度的确立十分必要。     

The development of a filter model for prioritising suspects in burglary offences

Abstract

This paper discusses the development of a filter model for prioritizing possible links in dwelling burglary. The filters utilize the central aspects of crime scene information that is available and accessible to investigators in burglary, namely geo-spatial, temporal, behavioural, and dwelling information. The proposed filters were analysed using a sample of 215 dwelling burglaries committed by 43 serial burglars (i.e. 5 offences each) in order to determine the sequence in which the filters should be considered in prioritizing possible linked offences. The results indicated that the following order (i.e. better performance to worse performance) was most effective at linking offences, utilizing: (1) geo-spatial information, (2) temporal aspects, (3) behavioural information and, lastly, (4) dwelling characteristics. Specifically, the results indicated that offences in close proximity to one another should be given priority. Further, any offence occurring within a 28-day span before or after the index offence should be given priority. The paper argues that behavioural and dwelling characteristics are less effective for linking than geo-spatial and temporal information because the former two aspects are influenced significantly by situational and contextual cues on offender decision-making.     

我国住宅权行政法保护缺失分析

住宅权作为宪法规定的一项自由权,尚未扩张到生存权意义上的公民“对住宅”的权利,对该权利的保护,目前还是行政法的盲区。即使是对自由权意义上的住宅权的保护,我国的行政法也存在很多缺陷:一是《治安管理处罚法》等法律在保护公民的住宅免受他人非法侵入上还存在住宅范围不清、“非法侵入”的标准不明等缺陷;二是《城市房屋拆迁管理条例》和《土地管理法》在尊重公民住宅权上也存在不少疏忽;三是住宅权事实上是一种没有救济的权利,目前只能将住宅权降格为财产权并依据《行政诉讼法》和《国家赔偿法》的规定获得很少的救济。     

The Neighbor who Shares your Apartment: A Discussion

Note by editors of Sotsialisticheskaia zakonnost': Professor A. Ushakov's article poses sharply the inadequacy of the present legislation on exchange of dwelling space. Often an exchange of dwelling space worsens the housing conditions of the neighbors sharing a communal apartment and produces overcrowding. And this is sometimes justified by citing the law and the instructions issued by ministries of municipal services of the union republics. To engage in such a practice means to infringe on citizens' rights to housing.     

社会治安系统工程的一种模式:安全文明小区

安全文明小区在综合治理社区治安过程中的积极意义早已是不争的事实。然而，安全文明小区的运行机制却有持提炼。在本文中，笔者试图探求一种将社会治安系统工程引入安全文明小区中去的思路。     

Spousal homicides in contemporary Ghana

This study added to the scant extant literature on lethal marital violence in non-Western societies through the analysis of seventy-two spousal killings that were reported in a Ghanaian daily newspaper during 1990-2005. The findings showed that husbands were five times more likely to kill a spouse as were wives and that sexual jealousy and suspicions of infidelity were the most common precipitating factor in uxoricides. Mariticides were fueled by anger towards a husband who planned to take an additional wife, or by an instrumental need to replace a husband with a new lover. Analysis of data further revealed a predominance of poor and working class victims and assailants. The crime often occurred in the common dwelling place of the couple or a jointly-owned farm, or in cases involving separation, in the wife's natal home or farm. A plethora of methods were used to perpetrate the murders, including shooting with a gun, hacking with a cutlass or machete, hitting with a blunt object, and beating with personal weapons.     

Mandibular fracture following stab injury with a knife

Stab injuries of the face accompanied by fractures of the jaws are rare. The report deals with the case of a young man, who suffered a penetrating stab injury to the cheek and fracture of the mandible in an assault. The forensic questions to be answered were if the findings were compatible with a stab and subsequent fracture, if one of the confiscated instruments could have been the causative weapon and if the injury had to be assessed as life-threatening. Both the soft and the hard tissue injury confirmed the assumption that they were caused by a stab. It was not possible, however, to assign the injury to a specific knife from the submitted exhibits on the basis of the clinical findings. In the discussion the serious nature of stab injuries in the facial region is emphasized.     

Embolism of massive hepatic tissue in inferior vena cava and right atrium after closed liver injury

Embolism from liver tissue in a major vessel in coincidence with a severe injury to the liver is a rare phenomenon. We report a case of a 4-year-old boy who was involved in a traffic accident and died shortly after the accident. An autopsy revealed that an intrahepatic inferior vena caval injury was accompanied by a severe closed injury to the liver; the crushed liver fragment was driven through the lacerated wall into the inferior vena cava and almost completely occluded its lumen. The crushed liver flap further extended over into the right atrial cavity. Careful microscopic examination of the lungs showed no emboli of hepatic tissue.     

Suicide by jumping from buildings

A study of 82 suicides during 1982-1986 that were committed by jumping from buildings was performed using the case files of the Office of the Medical Examiner of Metropolitan Dade County in Miami, Florida, U.S.A. The analysis involved the age, race, and sex of the victim along with the results of toxicologic studies and the cause of death. Additionally, the decedent's place of residence, location of the suicide, height of the building, and the reason for the suicide were investigated. Whether or not a note was left by the decedent was also ascertained. The suicidal "jumper" most commonly was a white man who was greater than 60 years of age who died from the resultant multiple injuries. The victim commonly was sober and drug free at the time of the incident. In approximately two-thirds of the cases, the location of the suicide was the victim's residence, which frequently was an apartment or condominium-type dwelling that was seven floors or higher from the ground. The victim often had experienced depression prior to the incident and did not usually leave a suicide note. This article compares the Dade County cases with others that have been studied and discusses the reasons why jumping from a building may have been chosen as the suicidal mechanism.     

White matter damage following acute head injury

The study of a series of brains from patients who had a severe head injury and died within 72 h without a lucid interval showed that there was a step-wise progression in the development of retraction balls. At 2 h after injury sinusoidal enlargement of the axons was evident. This progressed over 16 h when the lesions appeared as retraction balls which were fully developed at 72 h. There was a similar increase of staining with an immunoperoxidase method for glial fibrillary acid protein (GFAP) initially around blood vessels spreading diffusely into the white matter. The number of reactive astrocytes also increased. In a control case where the corpus callosum was torn at post-mortem there were sinusoidally distended and torn axons in the absence of GFAP staining. It is proposed that there are three components to a head injury. First, mechanical injury as seen in the control case; second, the development of retraction balls which are an active process probably representing damaged axons which cannot undergo repair where the sinusoidal swellings develop into retraction balls and third, an astrocytic reaction. The sinusoidal change, when present on its own, may not be separable from post-mortem trauma. However, when it is associated with an astrocytic response it should be correlated with coma in the same way as retraction balls.     

Disentangling the Effects of Self-Protective Behaviors on the Risk of Injury in Assaults Against Women

Using data from the National Crime Victimization Survey, this paper attempts to disentangle the effects of self-protective behaviors on the risk of injury in assaults against women. Unlike previous research, in this study we address simultaneously three important conceptual and methodological issues: (1) type of self-protective behavior, (2) temporal sequencing of self-protective behavior in relation to injury, and (3) the victim/offender relationship. Results indicate that even after controlling for other contextual characteristics of an assault, the probability of a woman being injured was lowest when she employed non-physical resistance strategies such as arguing or reasoning with the offender. This was true for all types of offenders. However, for assaults involving intimates, the probability of injury was increased for women who physically resisted their attackers.     

Methodological development: structured outcome assessment and community risk monitoring (SORM)

This paper describes an effort to develop a clinical tool for the continuous monitoring of risk for violence in forensic mental health clients who have left their institutions and who are dwelling in the community on a conditional release basis. The model is called Structured Outcome Assessment and Community Risk Monitoring (SORM). The SORM consists of 30 dynamic factors and each factor in SORM is assessed in two ways: The current absence, presence or partial och intermittent presence of the factors, which is an actuarial (systematized and 'objective') assessment. Secondly, the risk effect, i.e. whether the presence/absence of factors currently increases, decreases or is perceived as unrelated to violence risk, is a clinical (or impressionistic) assessment. Thus, the factors considered via the SORM can be coded as risk factors or protective factors (or as factors unimportant to risk of violence) depending on circumstances that apply in the individual case. Further, the SORM has a built-in module for gathering idiographical information about risk-affecting contextual factors. The use of the SORM and its potential as a risk monitoring instrument is illustrated via preliminary data and case vignettes from an ongoing multicenter project. In this research project, patients leaving any of the 9 participating forensic hospitals in Sweden is assessed at release on a variety of static background factors, and the SORM is then administered every 30 days for 2 years.     

Case reports of suicide with an electric drill

In this report, three cases of suicide by an electric power drill are described. In the first case, a man aged 51 was found with four penetrating wounds of the head and chest. The second case involves a 56-year-old man who suffered a penetrating craniocerebral injury and the third case involves a 53-year-old man who suffered one head injury and two chest injuries. In the first two cases, the victims were found dead. In the third case, the victim survived his injuries for 28 hours. The case histories and the post-mortem examinations revealed no evidence of homicide.     

The Forensic Implications of Amphetamine Intoxication in Cases of Inflicted Blunt Craniocerebral Trauma

The effects of D‐amphetamine on outcome after blunt craniocerebral trauma are characterized and the potential legal implications discussed. Traumatic brain injury (TBI) was induced under general anesthesia in adult, male Sprague Dawley rats using the impact acceleration model. At 10 min prior to injury, D‐amphetamine (5 mg/kg) or saline vehicle was administered subcutaneously; animals were subsequently assessed over a 7‐day period post‐trauma for motor outcome using a rotarod device. D‐amphetamine treated animals performed significantly better (p < 0.001; ANOVA) than vehicle treated controls on their motor assessment, suggesting that D‐amphetamine exposure prior to injury either is neuroprotective or enhances motor performance. It is possible, therefore, that an individual who has taken amphetamines may function at a better motor level after head trauma than one who has not been exposed to the drug. Future interpretations of the potential effects of amphetamines on TBI should include this possibility.     

Metastatic cancer of the urinary bladder: can it be a nonnatural death?

Deaths from metastatic carcinoma are almost exclusively viewed as wholly natural deaths. However, if it can be shown that a cancer has arisen as a result of a prior traumatic injury and the body's healing response to the injury, or treatment thereof, then in select cases, the manner of death shall reflect that of the precipitating injury. This case report is that of a woman who was rendered quadriplegic from spinal cord injury sustained in a motor vehicle crash when she was 22 years old. She died at the age of 49 years from widely metastatic squamous cell carcinoma of the urinary bladder. Her bladder cancer most likely arose from decades-long chronic irritation of the bladder epithelium by physical contact with an indwelling Foley catheter and urinary infections. Over the years, the chronic bladder irritation likely precipitated metaplastic, dysplastic, and finally neoplastic changes of the bladder epithelium, providing a link between her spinal cord injury, the indwelling Foley catheter, and her bladder cancer, engendering an accidental manner of death. The manner of death reflected the circumstances of her injury that predisposed her to the cancer that eventually caused her death.