Case histories in forensic medicine

Case histories make up a great part of publications in forensic medicine, especially forensic pathology, although considered low on the hierarchy of evidence based medicine because of its inherent anecdotal nature. Meanwhile some journals exclude case histories categorically from publication. The boom of case histories in forensic medicine has not only opportunity reasons (easily [even mental] and cheap to do) but also structural reasons: due to its tasks in case work many items of forensic medicine can not be simulated experimentally for ethical reasons (violent death, traumatic injuries, sexual assault, poisonings, influence of alcohol and drugs on driving ability and legal responsibility, medical malpractice, adverse events during medical care). In these fields the role of case histories is mainly the augmentation of experience based knowledge. However, quality aspects have to be considered and case histories should be the basis for systematic or hypothesis based research.     

Extraction of the relevant population from a forensic database

Evaluation of forensic evidence using Bayesian statistics requires the formulation of hypotheses. Many hypotheses, especially those presenting the defence viewpoint imply that traces can be attributed to an arbitrary member of a relevant population. The exact items or persons that comprise the relevant population may vary from case to case. Therefore, the statistical evaluation of evidential value based on databases cannot make use of a fixed set of items or persons. In the current paper, methodology is presented to filter the contents of a database such that only items that are considered relevant are selected. Six scenarios, including those related to fibre, textile, and glass evidence are described, together with the hypotheses and relevant populations that may be evaluated by an expert. In addition, we show how items representing the defined relevant population can be extracted from a database using SQL code. Images of the items in the (filtered) relevant population provide an overview of the selected items and hence direct feedback to the examiner. In this way, erroneous codes or unwanted side effects can be identified and corrected. It is concluded that the filtering procedure is effective in cases where the relevant population is demarcated accurately.     

L’analyse comparée en traduction juridique,ses enjeux,sa nécessité

Translated texts sometimes reflect the writing tradition of the targeted law, but the equivalence of the source legal message, however, must be delivered in the target text. Translating law into a different legal culture cannot be accomplished without comparing laws, whose knowledge is essential to achieving legal equivalence. The way the target text is written should match its culture. Translating law is the moment when languages, cultures and laws meet. To materialize, this encounter has to be based on an ad hoc knowledge of the laws at stake. Then comparative law, translators’ “fellow traveler”, comes into play, preparing them for the exchange. To achieve this, “one only needs two receptions which intersect” (Carbonnier). This move is successful when concepts and notions overlap and the letter of law (substance) and its wording (form) merge, revealing “the spirit of the laws”. Comparative analysis is the way to achieve this result (I). It is conducted here under the light of jurilinguistics with an analysis of terms and concepts presenting various translation difficulties, demonstrating the necessity of comparative law (II). The lessons to be learned are aimed at all language professionals wishing to draw inspiration from the jurilinguists’comparative analysis approach to their work.     

面试合分方法的合理性辨析

在目前的面试工作中,有两种合分方法：“总分去高低分法”和“分项支高低分法”。究竟哪一种面试合分方法更为科学,已经成为当前面试工作关注的问题。通过对这一问题的数学分析,得到如下研究结论：在面试合分方面,“分项去高低分法”是消除各考官之间的相对不合理性的最佳途径,要比用“总分去高低分法”进行面试合分更趋于合理。     

Perceptions of ethical problems by forensic psychiatrists

A survey was undertaken of the opinions of two groups of forensic psychiatrists to determine their views regarding forensic ethical issues. Although AAPL has made significant strides for our profession by adopting ethical guidelines, some important issues have not yet been addressed, as revealed by our survey. Included were items heretofore considered too "controversial" for incorporation into guidelines, as well as items from the APA ethical framework. All APA items were evaluated as addressing ethical problems. The majority of respondents also viewed most of the "controversial" items as confronting relevant ethical problems, thereby suggesting their inclusion, in some form, in the profession's guidelines. They also appeared to favor retention of many traditional medical ethical values when functioning as a forensic psychiatrist. Clear selective discrimination existed among differing death penalty facets. Since AAPL at present does not wish to conduct its own ethics hearings, the AAPL guidelines as well as the items supported in this paper's survey would best be translated into a form consistent with the APA framework. In this way, AAPL's guidelines and also the new suggested items could readily be coordinated within the APA framework and could play a role in the APA local district branch enforcement process.     

融资租赁物范畴厘定及其规制进路的体系化重思

融资租赁物作为融资租赁“融物”与“融资”双重功能实现的核心纽带,其范畴之明确界定和规制规则建构系行业发展的理论基础与制度保障。然而,既有规范缺乏科学性与合理性,这一制度缺漏叠加适格融资租赁物匮乏之因素,成为对融资租赁物扩大解释之原生动力,并渐与行业本质背离。因此,应基于金融监管考量并依其制度本源,涤除无形财产及国有公物融资租赁、将来物售后回租之可能性,合理扩大融资租赁物范畴,对融资租赁物规则进行体系定位,并采用概括加列举之方式对融资租赁物进行清晰厘定。     

关于建立我国司法考试及训练制度的构想

大多数有良好法治秩序的国家都是通过国家司法考试培养和选拔所需职业法律家的。我国《法官法》、《检察官法》修正案虽然已将国家司法考试写入立法 ,但司法考试的具体内容还缺乏法律的明确规定。国家司法考试应包括法官、检察官、律师三种职业资格 ;报考者应有坚定的信念、大学教育背景和良好品行 ;考试程式及内容设计应能全面检测报考者的文化素养、法律专业知识和从业能力。     

Polygraph Examiner Awareness of Crime-Relevant Information and the Guilty Knowledge Test

A mock-theft experiment was designed to examine the efficiency of the Guilty Knowledge Test when (a) the examiner was aware of some of the crime-relevant items; (b) target items (i.e., items that are significant to participants for reasons other than crime-relevance) were incorporated into the test; (c) the motivation of guilty participants to appear innocent was manipulated. Results indicated that (a) participants yielded weaker responses to relevant items when the examiner was aware of them than when he did not have the knowledge; (b) the inclusion of target items had no overall effect on the responses to the relevant items: (c) within the guilty condition, highly motivated participants were more responsive to the relevant items than less motivated participants, and the inclusion of target items significantly decreased detection accuracy of low motivated participants.     

CERCLA Arranger Liability: Town of Islip v. Datre: What Intent is Required?

In Town of Islip v. Datre, the court dismissed a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) claim based on failure to allege that the defendant knew that the waste it disposed of was hazardous. The court based its decision on language in the Supreme Court's decision in Burlington Northern that indicated that to be liable under CERCLA as one who arranged for disposal, there is a knowledge or intent element. This article questions the Datre decision and argues that the “knowledge” required by the Burlington Northern Court is knowledge that the transaction is a disposal, not knowledge that the waste disposed of is hazardous.     

Comparative Law for Legal Translation: Through Multiple Perspectives to Multidimensional Knowledge

With this paper, I suggest a multiperspectivist approach for assessing conceptual legal knowledge with relevance for the translation of legal terms in translation between two or more different legal systems. The basic quest is to present a set of categories and analytical approaches for legal translators to generate (collect) and classify knowledge necessary for their professional conceptual needs. In this paper, I will focus on the translational, juridical, and cognitive basics of such an approach. In order to cope with the broad range of possible translational purposes in different translational situations and choose relevantly between alternative formulations, translators need methods and strategies in order to construct the necessary conceptual knowledge. This presupposes a broad knowledge structured in ways that enable the translator to recognize relevant characteristics of legal systems and relevant differences between different legal systems. Concerning translational theory, the basis is the functional theory of translation as adapted to legal translation, based upon the idea of translation as choice between alternatives and distinguishing between documentary translation, at one end of a scale, and instrumental translation, at the other. This basis and the distinction presuppose relevant knowledge from comparative law. Hence, existing approaches and fundamental tenets concerning comparative law inside and outside of translation are presented. In order for knowledge to be presented in a manageable way with relevance to translators, I work with the approach of concept frames as basic unit of knowledge gathering and categorization. This way of presenting knowledge is embedded more generally in a knowledge communication approach, focusing on knowledge asymmetry. Within this general framework, the multiperspectivist approach combines insights from cultural studies (especially the study of law-as-culture), law as a disciplinary social system, and communicative interaction generating meanings in legal communication, also across national borders.

     

Intangible heritage: traditional medicine and knowledge governance

Legal context: Although traditional medicine constitutes a component part ofthe identity of the cultural communities concerned, this formof intangible cultural heritage is vulnerable in a globalizingworld where little place is left for the protection of beliefsystems. Key points: While much has been written on traditional knowledge and IPrights, less scholarly attention has focused on the culturaldimension of traditional medicine. Further, no solution hasbeen reached on the best way to ensure its protection. Thiscontribution attempts to establish a linkage between differentsectors of international law, addressing the complex interplaybetween traditional medicine, intended as a special form ofintangible cultural heritage, and international knowledge governance. While the TRIPS Agreement adopts only proprietary approachesto knowledge governance, it has been questioned whether, inthe case of pharmaceuticals, other non-proprietary approacheswould be preferable. Different approaches will be put forwardand the Draft Treaty on Medical Research and Development willbe considered. This would provide a better framework for safeguardingand diffusing traditional medicine. Practical significance: Protecting and promoting traditional medicine may help curingdiseases spread all over the world. Thus, beyond its culturalaspects, the practical importance of traditional medicine liesin its capacity to promote the right to health and human dignity.     

论犯罪知情测试相关项目的有效性

犯罪心理测试技术中的犯罪知情测试(GKT)法对测试条件有较高要求,主要是保障测试相关项目的有效性。实践中影响CKT测试相关项目有效性的因素有很多,测试人员应当认真分析案件材料,排除干扰因素的影响,选准有效相关项目,并做好测试中的校正与评估,确保测试结论的可靠性。     

TraceBase; A database structure for forensic trace analysis

A data structure is proposed that can store forensic data obtained by experts from different disciplines and acquired using different instruments. This data structure, called TraceBase, is congruent with the forensic examination in the laboratory. We describe the design as well as its planned introduction in casework.The back-end of TraceBase is based on PostgreSQL and can be accessed by front-end applications such as the open-source LibreOffice office suite. The back-end regulates the flexible and robust storage of data, as well as the relation between items, samples, and analyses. The front-end applications allow the user to enter or retrieve data in an easy fashion, while the modular structure ensures that different aspects, such as the data entry, the processing and reporting of entered data, can be optimised individually. Additional analyses can be introduced and linked to items or samples already present.The database is designed such that data from several sources, different forensic disciplines and data acquired by different analytical techniques can be entered. When data needs to be retrieved for further analysis, a subcollection can be filtered for use in a specific situation.     

Identification based on medical findings

1. The indications such as the place of finding, the identification of clothes or other personal items, represent only the first step towards the identification of a corpse. 2. An identification based on medical data, other than dental, is often possible, more often than it is believed. 3. The forensic pathologist plays a double role in the case of such an identification: a) in the phase of the inquiry, he must contact the investigators and the families to explain his wishes and the different possibilities of identification. b) he must use the gathered information in the appropriate way. 4. It would be desirable to compose some statistical tables of the various medical elements useful for the identification (mutilations, surgical operations, etc...). We present six cases of identification in our practice.     

Transferring knowledge in Quebec–Mexico partnerships: the case of the dairy industry

This work seeks to contribute to technology transfer case study literature, by exploring the possibilities of an international trade between Mexico and Quebec in dairy industry under an international agreement??s environment. We report this probable exchange on an exploratory study, based on previous studies made at HEC Montréal at the International Technology Transfer course. This was explored in terms of knowledge and technology transfer, involving an innovative product. We present evidence based on public information and company interviews?? results which, analyzed through a theoretical framework of knowledge and technology transfer, suggests a possible future partnership, involving knowledge transfer. Our results show that, even if the two companies selected have similar cooperative-type structures, they do not behave in similar way. Both enterprises could better complement each other in terms of R&D, marketing, benchmarking, process and entrepreneurial capabilities. Furthermore, our research indicates that both enterprises could better face on industry??s threats in domestic and international competition, which could be used as a basis for further research in international technology transfers.     

什么知识最有价值？—当代中国幼儿教育主流知识观的嬗变

建国以来，我国幼儿教育领域先后出现了三种主流知识观：一是理性主义知识观，以唯理论为哲学基础，强调知识体系的传授，作为幼儿教育的传统知识观至今仍然具有影响力；二是经验主义知识观，以经验论为哲学基础，主张通过观察、实践从大自然、大社会中归纳知识，自20世纪80年代初兴起，现已处于“自我消失”的边缘；三是建构主义知识观，强调知识不是教师外部的传授，而是儿童主动建构的，起源于皮亚杰的活动建构观，近两年来受到意大利瑞吉欧方案教学的影响，体现了社会交往建构观、个人化知识、后现代知识建构观察等不断丰富的建构主义知识观的核心精神，对幼教改革的深入起着举足轻重的作用。     

著作权合理使用制度之正当性研究

著作权"合理使用"制度是各国著作权制度中对著作权限制的主要内容。合理使用制度体现了著作权法保护作者和其他著作权人的利益与促进知识与信息广泛传播的双重目的。合理使用的正当性可以从多方面加以认识,包括激励与接近之平衡、宪法与公共利益、以交易成本和古典经济学为基础的经济学分析等。在网络环境下,著作权合理使用制度仍然有其存在的合理性。我国颁布实施的《信息网络传播权保护条例》对合理使用的规定即是这种体现。     

我国法庭治理刑讯逼供之反思与重构

刑讯逼供久禁不绝,侦查机关固然难辞其咎,但对侦查行为合法性的程序控制机制“失灵”也是易被忽视的重要原因之一。我国法庭对被告人提出的有关刑讯逼供的抗辩几乎一概置之不理,不仅使本已有限的司法审查权虚置,而且使被告人根本无法获得有效的司法救济。法庭在治理刑讯逼供问题上的“无能”表现,不仅有立法不周的原因,而且还有深层次的体制因素和思想根源———基于对这些制度化背景的认知与反思,构建程序性制裁制度,无疑是使法庭能够真正遏制刑讯逼供的最为现实的出路。     

Confirmatory Factor Analysis of “Competence in Use of Firearms Questionnaire” Administered to City Police

The following research describes the psychometric characteristics of the Competence in Use of Firearms Questionnaire, administered to 139 city police agents from four municipalities of the southern region of Tenerife. The questionnaire was based partly on the framework of the competence model of Pereda and Berrocal (2001), and contained 101 items. We tested the construct validity of the questionnaire, its internal consistency, and its potential for practical application. The initial results suggested four factors, differing to some extent from the original model.     

新刑事诉讼法证据规则评析——基于证据裁判原则的视角

刑事诉讼中的证据裁判原则要求认定案件事实必须依据证据,证据应具有证据能力且需依据法定程序进行审查判断,运用证据证明案件事实要达到法定的证明标准。依证据裁判原则的基本要求进行审视,我国新刑事诉讼法在证据制度的规定上有了长足的进步,但仍存在不少问题与缺憾,主要表现为立法条文过于粗疏、操作难问题依旧突出、诸多内容遗漏等,这些有待进一步充实入法。