Self‐Strangulation Through A Sphygmomanometer: An Uncommon Suicide

Suicide by asphyxia is quite a common event in forensic practice and may be implemented in different ways. The authors report a unique case of a 16‐year‐old youth who committed suicide by means of a standard mercury sphygmomanometer. This manner of suicide has never been described in the literature reviewed. A complete forensic investigation led to the conclusion that the cause of death was mechanical asphyxia, ascribed to self‐strangulation by means of an atypical item. The victim suffered from attention‐deficit/hyperactivity disorder (ADHD) syndrome and was assisted by support teachers. He had a solitary and depressive personality. The exceptional nature of this case suggests that sphygmomanometers may be regarded as possible means of self‐strangulation. The case also highlights the importance of managing patients with psychiatric or cognitive disorders; indeed, particular caution is required to keep them away from objects that, although apparently harmless, can become lethal.     

权利的社会本原——在社会冲突与社会合作的视野下

在权利产生、存在与发展的动态过程中,权利的实现能吸纳或者消解相当一部分社会冲突, 促成一系列社会合作,使社会秩序得以形成、维系并协调发展。社会冲突在伸张主体利益的同时,有利于提升权利意识;其在重划利益格局的同时,有利于创设新的权利规范。社会合作所具有的消除社会冲突、促进社会有序的功能为权利的实现提供了可能性,安全、和平、有序的社会状态有利于权利的实现。而且, 社会合作为权利的实现增加了有效性。在社会合作中,行为规则的确立和行为理性的运用使行为结果具有可预测性,从而降低了行为成本,增加了权利实现的顺畅性和有效性。     

论基本权利保障的技术方案——基于数学思维的分析框架

理论界与实务界在基本权利保障领域侧重于定性分析,但主观性过大、确定性不够的流弊在所难免,容易陷入仁者见仁智者见智的困境。为了增加基本权利保障的确定性与预测性,采用定量分析法,运用数学思维建构一个操作可行的技术方案势在必行。其主要思路为:首先,在传统三重审查基准的基础上,创立六重审查基准,亦即明显审查基准、合理审查基准、严格合理审查基准、中度审查基准、严格审查基准与绝对审查基准;其次,建立案件类型与违宪审查基准之间的联动机制。该机制的主要内容是厘清具体案件所包含的保障因子;根据保障因子的保障分值,计算出具体案件的保障量数;按照保障量数的大小,选择适用的审查基准,并据此对之进行宪法检验。     

论公共场所图像监视与公民权利保护——一个框架性说明

公共场所图像监视是以监视社会理论为理论基础的,是现代科技技术发展在监视领域的呈现和利用。公共场所图像监视限定于公共机构在公共场所设置和运转的图像监视,具有维护公共安全的正当性,同时也呈现对隐私权等公民权利的干预性。作为公权力运作的公共图像监视,在法律保留原理下应当受到法律规范,同时也应契合公益、比例和正当程序等原则要求,并建立体系化的公共图像监视的影响评价、设置、管理、利用、救济等具体制度。在多部地方性公共图像监视规范文件的探索下,我国亟待出台统一的公共场所图像监视法（或条例）。     

Linking Gender,Minority Group Status and Family Matters to Self‐Control Theory: A Multivariate Analysis of Key Self‐Control Concepts in a Youth‐Gang Context

The variable roles of family, gender, and race are underdeveloped in Gottfredson and Hirschi's general theory of crime, also called self control and propensity‐event theory. Using cross‐sectional data generated as part of the National Evaluation of the Gang Resistance Education and Training program, we assessed the links between the self‐reported gang involvement of 5,935 eighth‐grade public school students residing in eleven widely dispersed cities and their levels of self‐control, gender, minority group status, and family context. We found that youths with low self‐control levels reported that they were more deeply involved in gangs than youths with high self‐control, as were youths who were not closely monitored by their parents. We also found differences by gender, minority group status, and family structure. This article explores the limitations and implications of these findings for gang research, theory, and juvenile justice practice.     

权利类属理论之反思——以霍菲尔德权利理论为分析框架

权利话语所面对的窘境在于提出主张的双方希冀透过权利所获得的保障,或说阻止他人行为的意图虽不必然同一,但由于共同内涵中词汇的共享,使问题变得棘手。与其争论相冲突的权利主张孰轻孰重,美国学者霍菲尔德指出权利一词蕴含四种不同的法律关系,分别是权利、特权、能力与豁免,并以实务判决作为分析对象,为不同的权利类属进行定性说明。借用霍菲尔德理论架构,并据此推断美国罗伊诉韦德案判决所保障之权利应该属于霍菲尔德理论中的何种类属。     

Traditional Local Justice,Women’s Rights,and the Rule of Law: A Pluralistic Framework

The paper focuses on the application of a particular conception of the rule of law to situations characterized by traditional local justice and legal pluralism. While in the twentieth century international rule‐of‐law programmes were directed almost exclusively at state legal system, they have recently begun to take into account traditional local justice, namely, those institutions which in many world regions represent the main form of effective justice. Starting with a review of the positive and negative aspects of traditional local justice from a rule‐of‐law perspective, the paper underlines the widespread lack of protection of human rights, particularly of women’s rights. Discussing vertical rule‐of‐law functions in contexts of legal pluralism the paper stresses the advantages of an approach to the promotion of the rule of law based on mutual recognition and influence between different legal authorities and sources. It is argued that this “interactive” approach appears best suited to the complex frameworks of relations that characterize present‐day systems of deep legal pluralism. Finally, the paper underlines the correspondence between this approach and a conception of the rule of law as an ideal framework of plural interactions characterized by the limits imposed on the law by the law itself, and it discusses its advantages from the perspective of human rights and women’s rights promotion.     

On the Legal Effects of Framework Decisions and Decisions: Directly Applicable,Directly Effective,Self‐executing,Supreme?

Abstract:  This article seeks to, first, clarify the meaning and scope of an array of 'legal-effect labels' which are often used interchangeably or in a loose way in the literature and, second, assess to what extent they can be applied to two kinds of very representative third pillar measures: Framework Decisions and Decisions, defined in Article 34(2) TEU. These 'labels' are 'directly applicable', 'directly effective', 'self-executing' and 'supreme'. The main conclusion is that these are interconnected concepts, in that the way in which we define one of them may prejudge the scope and/or the role played by others. This is particularly so in the case of direct effect, expressly excluded in the Treaty definition of Framework Decisions and Decisions. Arguably, our definition of direct effect will determine whether these measures can develop other effects—especially those emanating from the principle of supremacy (should we accept the latter as applicable to the third pillar). Further, the article argues that even if we adopt a narrow reading of direct effect that would allow for a hypothetical application of the principle of primacy to these third pillar measures, there are powerful reasons to reject the judicial extension of the Simmenthal duty to this area within the current framework of the TEU.     

Self‐Strangulation Turning into Partial Hanging for a Suicide Victim

Hanging is the most common asphyxial method of suicide, whereas suicide by strangulation is unusual. Here, we are reporting a particular methodology of the asphyxial method of suicide in which a case of self‐strangulation culminated into partial hanging. A 30‐year‐old male wrapped one end of the cable wire around his neck. He then passed the other end over a curtain rod and tied that end around the right hand. He pulled the hand down, using the curtain rod as a fulcrum, to tighten the noose around the neck in an attempt to strangulate himself. However, he lost consciousness during the process and the body slipped down, pulling the right hand up which got stuck at the curtain rod. This led the body hanged in the kneeling position. This bizarre scenario raised suspicion of homicide but the crime scene, autopsy and victim characteristics were in favor of suicide.     

Employee assistance for law enforcement: A brief review

A brief review of the concept and practice of providing various services to police employees similar to those in private industry is presented. These include Employee Assistance Programs (EAPs) that may be either internal or external in relation to the structure of the organization. Such efforts may also be found in law enforcement organizations. In addition, a hybrid model for law enforcement is examined. This involves a working alliance between an internal Peer Support Program and an external EAP. This model may provide immediate assistance to an otherwise resistant population and, in turn, pave the way for additional aid from mental health professionals. Confidentiality issues are presented. A brief review of recommended peer supporter characteristics is offered. Author Note: David B. Goldstein has been a police officer for approximately 25 years. He is presently The Chief of Police in Winthrop, MA. He retired from the NH State Police with the rank of Captain. He has a Ph.D. in Human Services/Criminal Justice, M.S. in Public Health, and a B.A. in Psychology. He is a Peer Supporter/Counselor, Crisis (Hostage) Negotiator, Polygraph Examiner, and Forensic Counselor. Chief Goldstein is a Fellow of the American Academy of Experts in Traumatic Stress and a Diplomate (Crisis Intervention & Forensic Traumatology) of the American College of Forensic Examiners, International.     

Self‐Embedding Behavior in Adults: A Report of Two Cases and a Systematic Review

Self‐embedding behavior (SEB) is the repeated insertion of sharp objects, such as needles or pins, into the soft tissues of abdomen, limbs, and other body parts. In this study, two cases of SEB were reported and the scientific worldwide literature reviewed. Thirty‐two cases of SEB were identified through systematic searches in the main bibliographic databases. Mean age was 35 years (SD = 8.97). Just over two‐thirds of the patients were female. Although the number of embedded objects could be as high as 200, major clinical and surgical complications were uncommon and mortality was null. Patients with SEB presented three major diagnoses: psychotic (25%), personality (21.9%), and factitious (28.1%) disorders. The practice of SEB largely went undetected as the patients themselves did not bring it to the attention of family members or physicians and usually denied they have engaged in SEB. A high level of suspicion is required to avoid a missed diagnosis.