我国宪法的司法适用性：相关司法解释评析

我国目前至少有四个司法解释涉及宪法的司法适用问题 ,其中 ,195 5年司法解释并没有排除宪法在诉讼中适用的可能性 ;1986年司法解释排除了宪法在诉讼中适用与引用的可能性 ,是违宪的 ,应予以废除 ;1988年司法解释与 2 0 0 1年司法解释以特有的方式确认了宪法的司法适用 ,成为我国宪法司法适用的法律依据。我国宪法的司法适用需要宪法解释制度的进一步完善。     

患者死亡医疗纠纷司法鉴定24例分析

目的探讨涉及患者死亡医疗纠纷的过错成因,分析其司法鉴定的切入点。方法收集了涉及患者死亡且多次鉴定的医疗纠纷案例24例,从一般情况、科室分布、责任程度划分以及差错分析等方面进行了总结和分析。结果此类案例在技术方面存在患者自身疾病隐匿、接诊部门处理过程简单、科室之间配合不力、紧急情况下措施不果断等问题。此外,告知义务的履行、转诊时机把握以及常备抢救设施的维护等管理方面漏洞也是医疗纠纷的多发环节。结论本文可为进行此类医疗纠纷的司法鉴定提供帮助,也为避免纠纷的发生提供参考。     

Sudden death after a cold drink: case report

We report a case of sudden cardiac death in a 12-year-old boy after rapid ingestion of a frozen slurry drink. The cause of death was determined to be a cardiac arrhythmia secondary to a previously undiagnosed cardiac rhabdomyoma with associated myocardial scarring. Ingestion of cold liquids has been associated with syncope, but not sudden cardiac death. In this case, bradycardia induced by cold-induced vasovagal reflex may have precipitated the terminal arrhythmia. Ingestion of cold liquids should be considered a potential trigger for fatal cardiac arrhythmias in patients with underlying heart disease.     

Overdose and death with olanzapine: two case reports

Olanzapine is an antipsychotic drug that has been on the market since 1996. Olanzapine-related deaths are very rare; the literature reports only one. However, in a recent 5-month period one medical examiner's office found two such cases that are reported in this paper. One is a suicide and the other is not. The toxicologic and anatomic findings for each are described. Blood olanzapine concentrations ranged from 0.237 microg/ml for one to 0.675 microg/ml for the other. Gastric content concentrations also exhibited a wide range, varying from 0.197 microg/ml to 17.400 microg/ml for the other. Distribution studies of the liver, kidney, and brain produced nondetectable concentrations for the drug. There were no consistent pathologic anatomic findings for cause of death except for moderate coronary atherosclerosis in the nonsuicide case. Both deaths were attributed to olanzapine toxicity.     

Investigation of death through body writing: a case study

Various surfaces or substrates are often encountered in the examination of questioned writing; however, no writing is more interesting than that found on the human body nor more challenging when the writing in question is linked to a death investigation. The body of an 18-year-old male was brought to the State Crime Laboratory, Little Rock, Arkansas, with a gunshot wound to the head and several messages written on his arms and chest. This paper will discuss the examination of evidence used to determine the manner of death through a cooperative effort between the Medical Examiner's Section and the Questioned Document Section of the Crime Laboratory.     

An unusual case of double death

The report presents the case of an alleged double homicide or a homicide followed by suicide of a couple, in which the court-ordered autopsy of both victims revealed that the homicide had been committed by the husband immediately before he died himself from cardiac failure. The article gives a short summary of the pathophysiological relations between emotional tension (stress) and physical strain and the effects on the cardiovascular system. The case report describes a homicide by strangulation immediately followed by the perpetuator's death from a natural cause.     

论刑事司法错误的发生机理与现实危害——基于诉讼运行的分析

从诉讼运行的角度讲,不枉不纵/程序合法仅是一种具有理想色彩的迷思,相反,刑事司法错误在诉讼现实中无可难免。这主要是因为,主观上,刑事司法制度的构建与运行受制于人类的有限理性;客观上,刑事司法活动的开启与完成也受到认知规律和物证技术的限制,难以保障不枉不纵和程序合法。而刑事司法错误的现实危害却极大,微观上造成本案权益的损失与司法成本的耗费,宏观上则导致程序刚性的式微与国家信用的流失。     

Necessity and death: lessons from Latimer and the case of the conjoined twins

The availability of the defence of necessity in cases of homicide is a complex issue in both Canadian and British jurisprudence. This article examines the divergent judicial and academic views and argues that, while necessity may be available for certain kinds of homicide, it should be rejected as a legitimate defence to intentional killings. The author looks closely at two recent cases in which the question arose as to whether or not killing a human being is ever justifiable or excusable on the basis of necessity: the Canadian case of R. v. Latimer and the British case of Re A (Children). The author argues that the approach of the Latimer court is preferable, advancing this position from a number of angles. Underlying rationales for the defence of necessity in Anglo-Canadian jurisprudence are examined, as well as the conceptually similar defence of duress, both at common law and in s. 17 of the Criminal Code. Both of these points are reinforced and analyzed via a discussion of the sanctity-of-life principle in Canadian criminal law. The article makes clear the essential nature of the issues raised in both Latimer and Re A (Children), as they engage fundamental questions of value for our society.     

Simultaneous sudden infant death syndrome: a case report.

The first reported case of simultaneous sudden infant death syndrome (SSIDS) in Allegheny County, Pennsylvania, occurred on February 27, 1998. Two-month-old black fraternal twin girls were both found dead in their crib at the same time. After an in-depth death scene investigation, police investigation, toxicologic analysis, and complete autopsies, a specific cause of death could not be identified. The deaths of the two girls were therefore ruled simultaneous sudden infant death syndrome.     

Sellar fracture followed by sudden death: an autopsy case

The authors describe a case of sellar fracture followed by sudden death. The victim was involved in a wrangle. The autopsy revealed facial damage and sellar fracture and no evidence of cerebral damage, except for a mild subarachnoid hemorrhage in the left parietotemporal regions and undersurface of both frontal lobes. Sellar fracture is a rare and severe entity, associated with serious complications, which is frequently diagnosed postmortem. In any case, death is rarely a direct consequence of the sellar fracture itself and is usually considered to be the result of associated cerebral trauma. This case prompted us to screen the literature on sellar fracture to gain a better understanding of the mechanism of death.