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G Feigin 《The American journal of forensic medicine and pathology》1999,20(2):128-130
This study is a retrospective analysis of 307 accidental and suicidal hangings for the presence or absence of neck organ fractures. Approximately 9% of cases showed such fractures. This is in agreement with one prior study and in disagreement with others. The factor most likely to be predictive of fractures is advanced age. Gender, height of suspension, and ligature type do not seem to be of predictive value. 相似文献
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Rachel Wilson BA Clare McFadden PhD Samantha Rowbotham PhD 《Journal of forensic sciences》2023,68(3):731-742
The frequency and distribution of fractures are commonly utilized to assist in interpreting the manner of death. In cases of alleged suicide by hanging, however, the evidence base for the frequency and patterning of laryngohyoid and cervical vertebrae fractures resulting from such blunt force traumatic events is limited and so fractures cannot be reliably used to assist in interpreting the manner. Using meta-analytic techniques, this study aimed to estimate frequency and distribution of fractures in the context of relevant intrinsic and extrinsic variables. A systematic review of the literature identified 20 studies with relevant data (8523 cases of suicide by hanging). Meta-analyses identified the frequency and distribution of fractures present and how fracture frequency was affected by the subgroups of age, sex, completeness of suspension, ligature knot position and study design. Results indicated that fracture frequency was variable, there was no unique patterning, and high levels of heterogeneity were present in all variable sub-groups. Age was the only subgroup to show differences. Findings suggest that neck fracture frequency is inconsistent and cannot be predicted by the chosen variables. Subsequently, neck fractures in isolation should not be given weight in medico-legal interpretations of a hanging death as suicidal. 相似文献
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Although there has been speculation regarding the pervasiveness and nature of judicial decisions regarding life-sustaining medical treatment (LSMT), no attempt has been made to empirically assess their prevalence or the issues they address. An exploratory study utilizing a mail survey of a nationwide random sample (N = 905) of state trial court judges was conducted to provide initial information regarding this decision-making process. Twenty-two percent of the responding judges had heard at least one LSMT case, and judicial review did not appear endemic to particular states. The number of judges hearing LSMT cases dropped from 1975 to 1981 but has increased since then. Three major issues predominate: patient competency, appointment of a surrogate decisionmaker, and resolution of the ultimate issue of forgoing LSMT. Relatively few cases either contested a prior directive's validity or involved imposing sanctions for instituting or forgoing LSMT. Although subject to different interpretations, the results suggest the courts are having a significant impact on certain aspects of the LSMT decision-making process. However, the infrequency with which any one judge is called upon to make an LSMT decision causes concern about the judiciary's ability to respond in a timely and appropriate manner. With their potential for a profound effect on the actions of health care providers, greater attention to this decision-making process is warranted. 相似文献
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一、概述 众所周知,我国现行的司法体制构建于计划经济时代,在机构设置、职权划分、人财物管理、工作机制、诉讼程序及管理制度等方面有许多不完善、不科学之处,存在不少的弊端。这些弊端的存在,对外而言,使司法机关无法摆脱地方主义和部门保护主义的影响,最终导致本应作为中央权力的司法权分散化和地方化,司法的统一性受到破坏,司法权威受到损害;对内而言,不符合司法权运行的特殊规律,司法行政化倾向明显,严重影响了司法的公正与效率,同样也使司法权威受 相似文献
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The eyes of child abuse victims: autopsy findings. 总被引:1,自引:0,他引:1
The authors studied 77 pairs of eyes removed from children who had died of suspected child abuse. Forty-seven of the cases had retinal hemorrhages. Those showing retinal hemorrhages were younger children and had fewer other stigmata of child abuse. Hemorrhages are more likely to occur in cases where the child was shaken or swung than in those with severe direct head trauma. The authors recommend that examination of the eyes be included in the autopsies of all small children who died without an obvious cause of death. Experience in both processing and reading of ocular material is necessary for reliable results. 相似文献
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行政诉讼司法变更权研究 总被引:1,自引:0,他引:1
行政诉讼司法变更权,是法院行政审判权的重要组成部分。确立司法变更权,是我国民主法制建设的要求。我国现行《行政诉讼法》规定的司法变更权是有限的,只适用于行政处罚案件。为了有效地监督和制约行政机关行使行政职权,更好地实现行政诉讼保护公民、法人和其他组织合法权益的目的,应当适当扩展司法变更权的范围。 相似文献
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Leslie Johnson 《Criminal justice ethics》2013,32(1):20-26
Abstract The Framers understood the Constitution to be the fundamental expression of the rule of law over against the arbitrary, intemperate, and unjust “rule of men” that all too frequently existed in the political world, unfortunately both democratic as well as monarchical. Accordingly, the rule of law requires a well functioning political and legal system that includes legislative checks and balances, the separation of power between the President and Congress, an independent judiciary, federalism, etc. What happens when this “Madisonian” constitutional system, designed to express “the deliberate sense of the community,” runs into a Judicial branch that, in effect, claims we live under a Constitution, but the Constitution is what we say it is. Must the Judiciary itself be subject to the rule of law, and the decisions of a constitutional majority, or does their “independence” extend to being independent of the constraints of the rule of law and, thus, decent majority rule? How did the original John Marshall Court answer these questions, and what light do the leading cases and controversies shed on the relationship between the Marshall Court and the Madisonian System? Are we facing a situation of Marshall v. Madison? 相似文献
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The causes of death in fire victims 总被引:3,自引:0,他引:3
In 169 consecutive cases of autopsied fire victims about 50% had lethal levels of carboxyhemoglobin. Soot in the respiratory tract was found in about 90% of the cases. The age distribution of the fire victims showed significantly less persons in the 15-35-year group than should be expected according to the age distribution of the population, presumably due to greater agility of younger people. More than half of the fire victims had alcohol in the blood exceeding 0.05%, and alcohol intoxication should be considered accessary to many deaths in fire. The characteristic biphasic distribution of carboxyhemoglobin in fire victims together with other observations suggest that the principal causes of death are carbon monoxide followed by carbon dioxide poisoning and/or oxygen deficiency, while the influence of heat is considered to be of minor importance. 相似文献
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