An in vitro study of the accuracy and precision of Breathalyzer models 900, 900A, and 1000

Ninety Breathalyzer instruments (Model 1000) and twenty instruments (Models 900, 900A) were studied using a protocol described by the Department of Transportation's "Standard for Devices to Measure Breath Alcohol." Although the mean of each of three concentrations tested (0.05, 0.10, and 0.15 g/210 L) compared favorably in both series, the standard deviation was consistently higher for the Model 1000 instruments. The Model 1000 instruments also produced a significant number of test results which exceeded the normally expected scientific deviation.     

事实认定的概率分析

根据概率分析所涉及证据数量的不同,事实认定概率分析可分为单一证据维度和证据组合维度。在单一证据维度中,司法鉴定领域会不断涌现像DNA证据那样兼具实证统计数据和高度科学确认度的统计概率证据。在证据组合维度中,事实认定不可能通过数学推理实现,其原因主要有：事实认定过程复杂,数学推理难以模拟;数学推理并非司法证明思维的＂母语＂,而是一门需要翻译的＂外语＂;数学推理会通过＂量＂上的运算模糊、混淆乃至掩盖了＂质＂上的差别。     

Finding and using technology-specific expertise

Successful technology transfer depends on the skills and knowledge of those who must implement new or rapidly advancing technologies. Often, new systems and technologies are delivered without proper preparation of the intended users. Thorough documentation is only part of the solution-during development, many important and technology-specific lessons are learned. These include problem diagnosis, troubleshooting techniques, and strategies for optimum utilization. Many such skills develop in response to incidents that occur during testing and evaluation and are rarely incorporated into formal documentation or instructional materials. Yet they can make the difference between skilled satisfied users and frustrated non-users. Gary A. Klein, who received his Ph.D. in experimental psychology at the University of Pittsburgh in 1969, is chairman and chief scientist of Klein Associates Inc. (Fairborn, OH) an R&D company he founded in 1978 to do work in applied cognitive psychology. His principal research area is methods of knowledge elicitation that reflect the perceptual-cognitive aspects of expertise. He previously worked at the US Air Force Human Resources Laboratory. Beth Crandall holds a dual appointment as research associate and director of operations at Klein Associates Inc., which she joined in 1986. Her research interests include expert knowledge and decisionmaking skills, and methods for eliciting this information. She received her BS in psychology from Wright State University in 1978.     

Status and practices of the legal text

Translated by Isabelle Llasera from Statut et pratiques du texte juridique, in D. Bourcier and P. Mackay (eds.),Lire le droit. Langue, texte, cognition (Paris: Librairie Générale de Droit et de Jurisprudence, 1992).     

司法过程中的法律发现及其方法论析

司法过程中的法律发现有二层含义:其一指法官从现行法体系中找出那些能够适用于当下案件的法规范或解释性命题的活动;其二是指在没有明确法规范或解释性命题可以适用的情况下进行漏洞填补或自由造法的一系列活动。法律发现方法主要有法律识别、法律解释和漏洞填补几种。在适用法律中,法官关于法律的认识、法渊理论、诉讼参与人等因素都会影响法官的法律发现。     

Finding the Balance: Intoxication and Consent

Sexual offences in England and Wales have had a dramatic reimagining in the last 15 years, with the Sexual Offences Act 2003 establishing not only the boundaries of the most heinous of offences such as rape, but also defining one of the most important elements; consent. This article seeks to explore the problems that surround establishing if legally valid consent has been given, with particular regard for cases where voluntary intoxication takes centre stage. The problem that often arises is the question on whether or not an intoxicated victim had the capacity to consent, or establishing if she did consent when memory of the event is hazy, possibly from both parties. Using comparative analysis with other jurisdictions and their take on the offence of rape, the author seeks to discover if the current rules are sufficient to fit within twenty-first century western culture. The victim will be referred to as ‘she’, although the law here and all situations discussed are equally applicable to male rape.

     

行政诉讼中的事实审与法律审

行政诉讼中的事实,审查与法律审查的范围和力度等问题,在理论上和实践中一直未得到很好的解决。笔者认为,症结在于学术研究与实际应用之间的矛盾以及理论与实践的冲突。寻求两者之间科学合理的划分标准,发现其中的模糊区域,发挥司法能动性,以及建构司法审查模式,具有重要的理论价值和实践意义。     

Comparison of the prevalence of alcohol,cannabis and other drugs between 900 injured drivers and 900 control subjects: results of a French collaborative study

A collaborative case-control study was conducted in France in order to determine the prevalence of alcohol, cannabinoids, opiates, cocaine metabolites, amphetamines and therapeutic psychoactive drugs in blood samples from drivers injured in road accidents and to compare these values with those of a control population. Recruitment was performed in emergency departments of six university or general hospitals and comprised 900 drivers involved in a non-fatal accident and 900 patients (controls) who attended the same emergency units for a non-traumatic reason. Drivers and controls were matched by sex and age. Alcohol was determined by flame ionization-gas chromatography, drugs of abuse (DOA) by gas chromatography-mass spectrometry with the same analytical procedures in the six laboratories, and medicines by high performance liquid chromatography with diode array detection. Blood alcohol concentration exceeding 0.5 g/l (i.e. the legal French threshold) was found in 26% of drivers and 9% of controls. In the 18-27 years age range, alcohol was the only toxic found in blood samples of 17% drivers and 5% controls, leading to an odds-ratio (OR) of 3.8. A significant relationship was found between alcohol blood concentrations and OR values. All age groups confounded, the main active substance of cannabis, Delta(9) tetrahydrocannabinol (THC), was found in 10% of drivers and 5% of controls. In the less than 27 years old, THC (>1 ng/ml) was detected alone in the blood of 15.3% drivers and of 6.7% controls, giving OR=2.5, whereas there was no link between THC blood concentrations and OR value. THC was found alone in 60% of cases and associated with alcohol in 32%, with OR=4.6 between drivers and controls for this association. The difference in morphine prevalence between drivers (2.7%) and controls (0.03%) was highly significant (P<0.001), with OR=8.2. The number of positive cases for amphetamines and cocaine metabolites was too low for reaching any interpretation. The most frequently observed psychoactive therapeutic drugs were by far benzodiazepines, that were found alone in 9.4% of drivers and 5.8% of controls, which led to OR=1.7 (P<0.01).This study demonstrates a higher prevalence of opiates, alcohol, cannabinoids and the combination of these last two compounds in blood samples from drivers involved in road accidents than in those from controls, which suggests a causal role for these compounds in road crashes.     

Removing and identifying drug contamination in the analysis of human hair

The procedure used in this laboratory for removing and identifying contamination of hair specimens with drugs is demonstrated by its application to hair contaminated by various experimental models. The models include soaking; coating with drug followed by sweat conditions for 6 h; and soaking in a very high concentration of cocaine followed by storage and multiple shampoo treatments. A multi-part wash procedure along with a wash criterion is applied to all samples containing drug above the cutoff. The failure of the wash criterion is a signal that the sample may be positive due to contamination rather than use, and in the absence of other over-riding evidence, the sample would be considered to be negative for drug use. This Wash Criterion has also been tested with hair from subjects demonstrated to be drug users by one or more drug-positive urines; in these studies, all hair samples from demonstrated users passed the Wash Criterion test.     

Tattoo pigment in regional lymph nodes--an identifying marker?]

31 of 275 unselected forensic autopsy cases revealed tattoos on one or both sides of the upper extremities, which were nearly always accompanied by pigmentations of the axillary lymph nodes. The deposits of tattoo pigment could already be identified with the naked eye. Their composition reflected the colour ingredients of the tattooed skin. So this easily practicable preparation and examination of the draining lymph nodes makes it possible to establish the identity of unknown corpses by drawing conclusions about former tattoos even if they have been removed or if, owing to postmortal changes of the skin, they cannot be recognized by the forensic pathologist.     

Corruption in Public Procurement: Finding the Right Indicators

Red flags are widely used to minimize the risk of various forms of economic misconduct, among which corruption in public procurement. Drawing on criminal investigations, the literature has developed several indicators of corruption in public procurements and has put them forward as viable risk indicators. But are they genuinely viable, if only corrupt procurements are analysed? Using a dataset of 192 public procurements — with 96 cases where corruption was detected and 96 cases where corruption was not detected — this paper addresses the identification of significant risk indicators of corruption. We find that only some indicators significantly relate to corruption and that eight of them (e.g. large tenders, lack of transparency and collusion of bidders) can best predict the occurrence of corruption in public procurements. With this paper we successfully tap into one of the most vulnerable areas of criminological research — selecting the right sample — and consequently, our results can help increase the detection of corruption, increase investigation effectiveness and minimize corruption opportunities.     

证明困难视阈下的事实认定与刑事推定

从法律效果上看,刑事推定实际具有实体与程序的双重功能。以“主观罪责型”推定与“证明责任型”推定为例,前者改变了构成要件中主观罪责的证明方式,后者则在此基础上,将有限的举证责任转由被告人承担,使其成为刑事推定的不利方。为在不违背罪刑法定原则与无罪推定原则的前提下,充分实现刑事推定所预想的制度目标,不但需要对其基础事实之内容予以严格限定,突出其法定性与可证明性,而且需要明确推定事实与裁判事实之间的合理界分,强调事实认定者的心证对推定结果的可能影响,并在适用前提上,仅将刑事推定作为证明困难处境下的末位选择加以使用,在作用范围方面可将其适当扩大至定罪外的部分量刑情节。在立法选择上,考虑到刑事诉讼人权保障的基本立场,刑事立法应当对刑事推定保持最低限度的容忍态度,尽量减少其创设及适用。