A cocaine body packer with normal abdominal plain radiograms. Value of drug detection in urine and contrast study of the bowel

Drug packets are usually detected by ordinary abdominal radiographs, which is of major importance in the apprehension and prosecution of drug body packers, but false negatives may occur. We report the case of a cocaine body packer who had used the prograde route and in whom the initial abdominal plain films were normal. The diagnosis of cocaine body packing was assessed by seldom-described complementary methods of detection, including drug detection in the urine and contrast study of the bowel.     

Detection of drug transport using X-ray techniques

The purpose of the paper was to show X-ray techniques used to discover drugs transported inside the body (body packers), on the body surface, in the garments or luggage, in goods and vehicles. The analysis was based on the X-ray findings of 141 body packers caught in Hamburg between 1989 and 2004 as well as individual cases from personal collections. The use of X-rays for border and security checks is described, different technical concepts are demonstrated and examples are given, e. g. transmission (fluoroscopic) and backscatter imaging of humans, luggage, goods, and vehicles as well as X-ray spectroscopy. The results showed that body packers produce characteristic findings in native X-ray photographs, which are even more pronounced in CT scans and after application of contrast media. Backscatter imaging allows the investigation of the body surface and the clothing. Transmission and backscatter imaging is suitable for checking humans, goods, passenger cars, trucks and containers. With the help of X-ray spectroscopy suspicious substances can be identified without opening the packaging material. According to present findings, the radiation dose applied seems low compared with exposure to environmental radiation and cosmic radiation during flights. The pictures obtained with the backscatter technique show the person checked in the nude, which raises the question of privacy versus the right of the state to carry out inspections and controls.     

The risk of body packing: a case of a fatal cocaine overdose

The process of swallowing or inserting illegal packets of drugs for the purpose of evading law enforcement officers carries risks other than criminal charges. It can be fatal. Individuals engaged in such activities are called "Body Packers" or "Mules". The most frequent cause of the death among body packers is acute drug intoxication due to rupture of the package(s) within the gastrointestinal tract. We present the first documented case of a body packer that died from cocaine intoxication following the rupture of packets of cocaine in Western Pennsylvania.     

Heroin body packing: three fatal cases of intestinal perforation

Death from heroin body packing has been well described in the forensic literature. Most fatalities are due to drug leakage and consequent acute heroin toxicity. Recently, drug traffickers have become more sophisticated in their packaging, and the risk of rupture of drug packets is more remote. Though intestinal obstruction is a recognized risk of body packing, rarely has this resulted in death. We describe four cases of heroin body packing presenting to the Regional Medical Examiner Office in New Jersey. Death in three of these cases was due to intestinal obstruction, with resultant intestinal rupture and peritonitis. Toxicologic evaluation in these three cases was negative for opiates or other drugs of abuse. In one case, death was due to acute heroin toxicity, validated by toxicologic analysis. We briefly discuss the differing drug packaging found in these four cases and the ramifications of packaging as it relates to intestinal obstruction.     

The "mini-packer" syndrome. Fatal ingestion of drug containers in Baltimore, Maryland

We report seven fatalities resulting from the ingestion of illicit drugs packaged in condoms, rubber balloons, or plastic bags which were observed in the last 4 years at the Office of the Chief Medical Examiner, State of Maryland. All the victims, with the exception of one, were men ranging in age from 19 to 37 years. There was no racial predominance. No drug paraphernalia was found at any scene. In two cases, seizure-like activity was documented. One victim had recently returned from Nigeria; therefore, Lassa fever was initially suspected. Two of the victims were "body packer" contrabanders who had just arrived from Africa. They used body cavities to hide large amounts of heroin to avoid U.S. Customs. The other five cases were "mini-packers," small-time illicit drug dealers who had swallowed a single bag of cocaine to avoid police detection. The possible mechanism of leaking or rupture of the latex container is discussed.     

The cocaine "body stuffer" syndrome: a fatal case

Body stuffer, sometimes called "mini packer", is the definition of someone who admits to or is strongly suspected of ingesting illegal drugs in order to escape detection by authorities, and not for recreational purposes or to transport the drug across borders. Cocaine is the drug most commonly involved in the body stuffer syndrome. Reported cases of body stuffer deaths are rare, however a fatality related to the ingestion of a plastic bag containing cocaine is described regarding a 17-year-old dealer. The authors describe how the cocaine body stuffer syndrome differs from the usual body packer. Histological and toxicological findings are examined and discussed for a better definition of this unique syndrome.     

寻求“中道”——儒家之法的精神及其普世价值

中国古代法是儒家之法。仁学“中道”思想是儒家学说之“道统”,亦是儒家之法的“法统”。仁学“中道”的法思想主要体现在“中正”、“中和”、“时中与权”三个方面,原始儒家在论析与处理德与刑、父子相隐与不隐于亲、人与法、讼与无讼等问题上都很好地运用了“中道”的思想与方法。在当今“全球性的战国时代”,儒家仁学“中道”思想仍有其普世价值,必将随中华民族的复兴而走向世界,在处理国际关系和制定国际法则中显示其积极的价值和作用。     

Nurses, midwives and the requirement for "appropriate" professional indemnity insurance

The Health Practitioner Regulation National Law Act 2009 (the National Law) imposes the obligation on nurses and midwives to have appropriate professional indemnity insurance coverage as a condition of applying for, or renewing, their registration to practise in Australia. The National Law also empowers the Nursing and Midwifery Board of Australia to develop a registration standard and guidelines in relation to professional indemnity insurance and to enforce compliance through the registration process. Though not previously a requirement for their registration, nurses and midwives must now understand the nature and extent of the professional indemnity insurance under which they practise and declare that they will not practise their profession unless they have appropriate professional indemnity insurance arrangements which cover the full scope of their practice. This column provides an overview of the obligations and responsibilities imposed on nurses and midwives under the National Law and the Nursing and Midwifery Board of Australia's registration standard and guidelines. It is imperative that nurses and midwives understand the National Law provisions and the standard and guidelines developed by the Board before making decisions about their professional indemnity insurance and self-declaring that they have "appropriate" professional indemnity arrangements in place.     

《最高人民法院公报》选编民事案例的变化

1985-2008这24年间,《最高人民法院公报》选编民事案例存在以下变化:年度选编民事案例的数量逐渐增多、案件类型趋向复杂化。在裁判方法上,从突出国家规则强制到注重判决说理;从突出案件裁判类型的代表性、示范性到注重展示法官的裁判方法;从示范最高人民法院对法律的权威理解、严格解释法律规则的基本文义到注重对裁判规则的建构;司法裁判中的知识观由一元发展为多元。形成这些变化的原因有:市场经济的发展、有中国特色的社会主义法律体系的逐步建立、法律职业化、对案例作用的重视、司法裁判由单纯追求政治正确向注重知识正确的转向。合理预期、职业知识而非简单的伦理说教或单纯的意识形态灌输,应当成为中国司法未来发展的主导逻辑。     

The rarity of "unusual" [corrected] dispositions of victim bodies: staging and posing

The act of leaving a victim's body in an unusual position is a conscious criminal action by an offender to thwart an investigation, shock the finder and investigators of the crime scene, or give perverted pleasure to the killer. The unusual position concepts of posing and staging a murder victim have been documented thoroughly and have been accepted by the courts as a definable phenomenon. One staging case and one posing case are outlined and reveal characteristics of those homicides. From the Washington State Attorney General's Homicide Investigation and Tracking System's database on murder covering the years 1981-2000 (a total of 5,224 cases), the relative frequency of unusual body dispositions is revealed as a very rare occurrence. Only 1.3% of victims are left in an unusual position, with 0.3% being posed and 0.1% being staged. The characteristics of these types of murders also set them apart: compared to all other murders, in staged murders the victims and killers are, on average, older. All victims and offenders in the staged murders are white, with victims being disproportionately white in murders with any kind of unusual body disposition. Likewise, females stand out as victims when the body is posed, staged, or left in other unusual positions. Whereas posed bodies are more likely to include sexual assault, often in serial murders, there is no evidence of either in the staged cases. Lastly, when a body is left in an unusual position, binding is more likely, as well as the use of more "hands on" means of killing the victim, such as stabbing or cutting weapons, bludgeons, ligatures, or hands and feet.     

Suicide of a body packer

The smuggling of illicit drugs by means of body packing has become a common problem at European airports. Europe is considered to be the fastest growing market for cocaine worldwide, and the air route is the most frequently used method of trafficking cocaine. Smuggling illicit drugs by use of body packing is considered to be a high toxicological hazard because of the risk of leakage or a package bursting. We report about the first case of suicide of a body packer by re-ingesting the content of excreted cocaine packages. The consequence of this case is that the death scene investigation and autopsy assessments in case of a body packer's death should always consider the possibility of re-ingested packages. Detention personnel should be instructed by forensic and criminalistic experts to take preventive measures.     

《明会典》性质考辩——“官修典制史书”“行政法典”说驳正

如何看待《明会典》的性质?学界长期存在争议,代表性观点有"官修典制史书"说、"行政法典"说,两说各讲各话,并行流传。然考察《明会典》的纂修宗旨、典文构成、《会典》事例的性质和功能、《明会典》是否行用等问题表明:"增修《诸司职掌》,成一代画一经常之典"是《明会典》编纂的动因;正德《会典》典、例分述,典文以整合祖宗成法有效条款为核心内容,事例由精心删定的现行事例和仍适合行用、参用的先年事例构成;万历《会典》典、例一体合编,所有条款都提升为"经久常行之法"。《明会典》全面规范国家的各项基本制度,具有最高法律效力,被明人称为"大经大法",其颁行后被广泛行用。"官修典制史书"说混淆了法典与史书编纂目的、方法的不同,忽视了《明会典》的法律效力和长期行用的史实,"行政法典"说忽略了《大明律》458条列入《明会典》的史实,两说均难成立。     

"No-hire" clauses in healthcare sector contracts: their use and enforceability

In today's healthcare industry, many hospitals utilize outside agencies for both business and clinical functions. This Article acknowledges the prevalence of outsourcing contract labor in the healthcare arena and focuses on the restrictive provisions included in these employment contracts, particularly "no-hire" clauses. No-hire clauses are often included in contracts between healthcare providers and professional groups that provide clinical service employees to the provider, such as a medical practice group providing physicians to a hospital or an agency providing nurses to a nursing home. These clauses usually provide that the healthcare provider may not directly hire an employee provided by the professional group, nor may it contract with another professional group that later hires the employee. The purpose of a no-hire clause is two-fold: to protect the professional group's investment of time and moneyfor recruiting, training, and establishing the employee's clinical practice, and to give the professional group leverage to retain its employees. While noncompete clauses in employment contracts have traditionally been the subject of litigation, no-hire clauses raise distinct legal issues. Case law provides conflicting views as to the enforceability of these provisions. Some courts find no-hire clauses to be per se illegal restrictions on trade, while others will permit them when they are reasonable within a specific context. The author proposes that a multifactor test be applied on a case-by-case basis to determine the reasonableness of the no-hire provision in a given employment contract and suggests drafting improvements to facilitate enforcement.     

Pitfalls in the diagnosis of drug smuggler's abdomen

Narcotics "body packing" can be detected in abdominal X-rays by the ring shadow caused by air trapped in the packs. In a series of 82 cases admitted for abdominal X-ray in Helsinki, Finland, in 1982 through 1988, we encountered 9 (11.0%) true positives, 3 (3.6%) false positives, and 1 (1.2%) false negative. The false positives were due to the constipation often associated with the narcotics abuse. The false negative X-ray diagnosis was attributable to an inexperienced radiologist. False negatives may also be associated with packets containing marijuana, packs with few wrappings, aluminum-foil coated packs, and machine-packed narcotics. Searching for trapped air in radiographs, repeated X-raying by an experienced radiologist, use of computed tomography, or combined urinary drug screening may be applied to diminish false findings and to avoid unnecessary arrest for the purpose of fecal screening over several days.     

论学者型教师的核心品质——基于中学教师视角的因素分析

在9名中学优秀教师预访谈的基础上,自编调查问卷,面向普通中学教师,采取分层整群抽样方法,对"学者型教师"的素养品质进行了实证调查,调查具有较高信度.对调查数据进行因素分析的结果表明:绝大多数中学教师认同"学者型教师"这一称谓,认为现代中小学教师应当也完全可能成为"学者型教师".而"学者型教师"的素养品质是一个由教育智慧、独立思想、教育知能和专业精神共同建构的"四维一体"的整体,其中最为核心的品质是具有独立思想和反思批判的精神,这也是"学者型教师"魅力所在.     

"黑哨"、"黑球"与"伤熊"行为的刑法学思考

本文针对在我国各界引起重大反响的"黑哨"、"黑球"与"伤熊"行为进行了深入的刑法学思考.通过严谨的分析论证,作者认为裁判属于"其他依照法律从事公务的人员"的范畴,可以视为国家工作人员,其吹黑哨的行为足以构成受贿罪;职业足球俱乐部具有企业性质,其俱乐部的运动员就是该企业的职工,在职业俱乐部之间的比赛中,运动员非法收受他人贿赂而踢黑球的行为可以构成公司、企业人员受贿罪;伤熊行为符合刑法第275条禁止的行为,应当按照故意毁坏财物罪论处.     

"False confessions" and identification with the aggressor: another forensic misuse of a psychiatric concept

Some psychiatrists misuse theoretical concepts beyond their generally accepted dimensions in an attempt to support a conclusion favorable to a litigant or defendant. In the case presented, the concept of identification with the aggressor was used in an attempt to eliminate or minimize the effect of a confession and to buttress the claim that the confession itself was false. Quotations from the actual reports and testimony are used to reflect both this tactic and the context in which these issues were pursued, including a rather startling admission by the psychiatrist dealing with the thoroughness of his professional effort. A brief history of "identification with the aggressor" is presented, a history which contrasts with its application to rather routine police questioning. Similarly, skepticism is clearly merited when a psychitrist testifies as to truthfulness or falsity of a statement.     

Drug-related deaths with evidence of intracorporeal drug concealment at autopsy: five case reports

Intracorporeal concealment of illicit drugs is a rare observation at coronial autopsy examinations. The article reports 5 cases of accidental drug overdoses at the Westmead Coronial Morgue, Sydney New South Wales, over a 6-year period with evidence of intracorporeal drug concealment known as body packing or body stuffing. Three different forms of anatomic concealment of drugs are illustrated, Case 2 involving therapeutic medication in the form of glass ampoules for parenteral injection not previously reported. Three deaths were the result of acute toxicity due to polydrug abuse rather than as a consequence of the body packing behavior and rupture of the drug packaging, with the intracorporeal drug concealments an adjunct finding at the autopsy examinations. The cause of death in Case 3 was the direct result of acute cocaine intoxication due to rupture of drug packages in the rectum and mucosal absorption. The article details forensic sociological aspects of drug concealment and subcultural group human behavior that can assist in providing information for the initiation of investigations.     

Psychiatric testimony in "cult" litigation

Changes in political or religious beliefs among POWs and hostages have often been attributed to "brainwashing" or "coercive persuasion." The cases reported have usually involved people held involuntarily. Since the publication of DSM-III, the authors have noted frequent usage of the term "atypical dissociative disorder" in civil lawsuits by plaintiffs seeking damages from groups or cults they joined voluntarily. The effects of "psychological captivity" are claimed to be comparable to the effects of involuntary participation in instances of kidnapping or being taken prisoner. The authors suggest that voluntary and involuntary activities are fundamentally dissimilar and that the use of DSM-III is problematic in these cases.     

刑事责任能力评定中“待分类的精神病性障碍”的诊断分析

目的探讨"待分类的精神病性障碍"诊断在刑事责任能力鉴定中的形成原因、判定原则及处理措施。方法分析比较四川西南司法鉴定中心2006年1月至2007年7月刑事责任能力鉴定案例中12例诊断为"待分类的精神病性障碍"的鉴定资料。结果形成此诊断的主要原因是鉴定资料不充分,描述的被鉴定人精神异常表现不具体、不典型(83.3%),或鉴定资料描述的精神异常与鉴定检查时发现的情况不一致。但是即使诊断为"待分类的精神病性障碍",仍可以从作案动机、有无逃逸等评定其刑事责任能力。12例诊断为"待分类的精神病性障碍"的被鉴定人9例(75%)判定为具有限制刑事责任能力,3例(25%)判定为无刑事责任能力。结论"待分类的精神病性障碍"是一种暂时性诊断,在一定程度上可以在司法精神病鉴定中使用,但应慎用。