Fatal suffocation by rubber balloons in children: mechanism and prevention

The increase in the use of photographs on individual identification credentials such as driving licences, credit cards, security passes and passports has led, for the purpose of criminal activities, to the falsification of genuine documents bearing photographs of the perpetrating criminal. These photographs may be used as valuable physical evidence when compared with known photographs of a suspect as they form somewhat of a signature of the suspect that is left behind on the evidence. The comparison of ID photographs requires the cooperation of two predominantly visual disciplines; forensic photography and morphological anatomy. This paper describes a photographic technique which allows accurate anatomical measurement and tracing of facial features, which allows direct physical comparison of ID document images.     

Accuracy of eyewitness identifications in showups and lineups

Experiment 1 tested one-person and six-person photographic lineup identifications in field situations either immediately, or 30 minutes, or 2 hours, or 24 hours after a 15-second ordinary encounter with a target. Accuracy of performance was superior in six-person lineups than in showups over time. False identifications of a lookalike innocent suspect were significantly greater in showups than in six-person lineups, especially when the suspect wore the same clothing as the culprit. Experiment 2 followed the same research design as Experiment 1, except that only live showup identifications were tested and, in addition, a physically dissimilar innocent suspect was shown to witnesses. The dissimilar innocent suspect was consistently and correctly rejected in the target-absent showup. Hit rates for live suspects were relatively low over the 24-h retention interval. Correct rejections significantly exceeded false identifications only on the immediate test. The lookalike innocent suspect was readily rejected when different clothing was worn at the test. No significant differences were found in hit scores or in confidence-accuracy scores between live and photographic targets. Confidence-accuracy correlations were significant but low across experimental conditions.     

Instruction Bias and Lineup Presentation Moderate the Effects of Administrator Knowledge on Eyewitness Identification

Pairs (N = 234) of witnesses and lineup administrators completed an identification task in which administrator knowledge, lineup presentation, instruction bias, and target presence were manipulated. Administrator knowledge had the greatest effect on identifications of the suspect for simultaneous photospreads paired with biased instructions, with single-blind administrations increasing identifications of the suspect. When biased instructions were given, single-blind administrations produced fewer foil identifications than double-blind administrations. Administrators exhibited a greater proportion of biasing behaviors during single-blind administrations than during double-blind administrations. The diagnosticity of identifications of the suspect in double-blind administrations was double their diagnosticity in single-blind administrations. These results suggest that when biasing factors are present to increase a witness’s propensity to guess, single-blind administrator behavior influences witnesses to identify the suspect.     

College students’ perceptions of police use of force: do suspect race and ethnicity matter?

Incidents of police use of force continue to draw a considerable amount of attention from both researchers and the public alike. The purpose of this research is to examine the relationship between suspect race and ethnicity and perceptions of police use of force among college students. Using a vignette research design with manipulated independent variables, this study seeks to answer the question: Do suspect race and ethnicity affect college students’ perceptions of police use of force? Three vignettes were developed regarding an incident in which an encounter between a suspect and a police officer resulted in the officer using force. College students were randomly assigned to one of the three vignettes and were asked to complete a questionnaire. Results indicate that although suspect race and ethnicity do not predict perceptions of police use of force among college students, there are significant respondent race and gender effects. Male and white respondents are significantly more likely to perceive police use of force as justified compared to female and non-white respondents. The policy implications of these findings for police-citizen interactions are discussed.     

Automated SEM/EDS Analysis of Airbag Residue.* I: Particle Identification

Abstract: Deployed airbags can be a valuable source of probative forensic materials. During an accident, trace evidence can be deposited on the airbag cover and in addition, the residue produced by the gas generation system is released into the passenger compartment of the vehicle as the airbag deflates. This residue can be used to associate a suspect with the vehicle at the time of the accident. This study identifies particles containing zirconium, strontium, and/or copper–cobalt along with other elements from the gas generation systems and aluminum silicon microfibers from airbag filters as the probative material which may be produced and deposited on a suspect’s hands and/or clothing. Scanning electron microscopy can be used to identify this metallic residue. Modification of the search criterion used for gunshot residue analysis allows for automated analysis of the samples. Proper collection of the airbag standard is essential to identify which materials were produced. Prompt collection of suspect samples allows the analysts the ability to make the proper identifications and associations. This analytical technique can be a probative tool in criminal investigations.     

Palynology and mycology as biological evidence in a homicide case

Criminal cases are studied from several disciplines to link a suspect with a criminal act. In this case, a man was reported missing in a coastal area in Buenos Aires Province, Argentina. The victim's relatives pointed to a possible suspect, and the local police carried out the investigation. We contributed to this research by applying palynological and mycological techniques. Palynomorphs and fungal spores offer valuable trace evidence, as they can be easily transferred between objects and crime scenes due to their minute size and persist on them for a long time. The victim was found 25 days later, lying on sandy soil, which partially covered the body, 35 km from where the suspect was arrested. Comparative samples were collected from the crime scene and the suspect's home and belongings (clothes, footwear, and seized vehicle). The palynological associations obtained from the crime scene and the defendant's belongings were dominated by diatoms and acritarchs (Acantomorphitae), all elements of marine origin, and a high CFU number of Bipolaris cynodontis, which allowed the defendant's clothing to be related to the place of corpse discovery. Soil from the defendant's home had an entirely continental composition, and the fungal biota was characteristic of prairie areas which were different from those of the crime scene.     

论侦查权的性质与特征

侦查权在我国被认为是一种司法权,这导致犯罪嫌疑人在认为侦查机关的行为违反法律规定时无权申请法院进行审查,这对于保护被追诉人的权利是极其不利的。从本质上来看,侦查权是一种执行权,这与行政权是一致的,而与司法权有着根本的差异。从基本特征来看,侦查权在价值与功能、体制与人员以及权力运作方面也与司法权有着根本的差异。     

Examining fatal and nonfatal incidents involving the TASER

Research Summary According to TASER International, nearly 10,000 police departments in the United States have deployed the TASER as a less lethal force alternative in some capacity. Despite the TASER's increasing popularity, serious questions have been raised about the device's physiological side effects; in particular, Amnesty International has reported that more than 300 people have died after being subjected to the TASER. Although a growing body of research has examined the physiological effects of the TASER on animals and healthy human volunteers in laboratory settings, there has been virtually no empirical analysis of “real‐world” fatal and nonfatal TASER cases simultaneously. This article examines all media reports of TASER incidents from 2002 to 2006 through a comprehensive review of LexisNexis and New York Times archives. We compare TASER incidents in which a fatality occurred to TASER incidents in which a fatality did not occur and then employ multivariate analyses to identify the incident and suspect characteristics that are predictive of articles describing TASER‐proximate deaths. Policy Implications Several suspect factors were significantly associated with the reporting of a fatal TASER incident, including drug use (but not alcohol), mental illness, and continued resistance. Multiple deployments of the TASER against a suspect was also associated with the likelihood of the article describing a fatality—especially if the suspect was emotionally disturbed—which raises the possibility that the risk of multiple shocks might not be uniform for all suspects. More research is needed to explore the relationship between mental illness, drug use (illicit or therapeutic), continued resistance, and increased risk of death. In the meantime, police departments should develop specific policies and training governing the use of multiple TASER shocks against individuals who could be in these vulnerable physiological and psychological states.     

Repeated Eyewitness Identification Procedures: Memory,Decision Making,and Probative Value

Two experiments examined the effects of multiple identification procedures on identification responses, confidence, and similarity relationships. When the interval between first and second identification procedures was long (Experiment 1), correct and false identifications increased, but the probative value of a suspect identification changed little; consistent witnesses were more confident than inconsistent witnesses; and the similarity relationships between suspect and foils were unchanged. When the interval between first and second identification procedures was short (Experiment 2), suspect identification rates changed little, but foil identifications increased significantly; confidence for all identifications increased; consistent witnesses were more confident than inconsistent witnesses; and similarity relationships changed such that witnesses were less likely to identify the suspect as being the best match to the perpetrator.     

Computer-aided headspace gas chromatography applied to blood-alcohol analysis: importance of online process control

This paper describes the analysis of ethanol in blood specimens from suspect drunk drivers and the associated quality assurance procedures currently used in Sweden for legal purposes. Aliquots of whole blood from two separate Vacutainer tubes are diluted with 1-propanol as internal standard before analysis by headspace gas chromatography (HS-GC) with three different stationary phases: Carbopak B, Carbopak C, and 15% Carbowax 20 M. The actual HS-GC analysis, the integration of chromatographic peaks, the collection and processing of results, as well as the quality control tests involve the use of computer-aided techniques. The standard deviation of analysis(y) increased with concentration of ethanol in the blood specimen(x), and above 0.50 mg/g the regression equation was y = 0.0033 + 0.0153x. The prosecution blood-alcohol concentration (BAC) is the mean of three separate determinations made by different laboratory technicians working independently with different sets of equipment. A deduction is made from the mean analytical result to compensate for random and systematic errors inherent in the method. At BACs of 0.5 and 1.5 mg/g, which are the statutory limits in Sweden, the allowances currently made are 0.06 and 0.09 mg/g, respectively. Accordingly, the reduced prosecution BAC is less than the actual BAC with a statistical confidence of 99.9%.     

To be continued . . . Syntheses and trends in follow-up of quality assurance in West European higher education

The authors report on West European trends in follow-up arrangements of national quality assurance procedures. They argue that external quality assurance ought to adopt a broader conception of quality than is now often the case. Next, the general public ought to have a guarantee that external quality assurance is valid (through meta-evaluation) and has consequences (through follow-up arrangements). Follow-up currently is not well developed in many European countries in a formal sense, but is receiving more attention as external quality assurance is maturing. Finally, the authors link national quality assurance to the European dimension; an international network could fulfil important functions in making quality assurance transparent and credible across Europe. This revised version was published online in August 2006 with corrections to the Cover Date.     

ARREST FOR DOMESTIC AND OTHER ASSAULTS*

We use the National Crime Victimization Survey to examine whether a suspect's relationship to an assault victim affects whether the police make an arrest. The results indicate that in cases of minor assaults the police are less likely to make an arrest when the suspect is an intimate partner of the victim than when the suspect is an identifiable stranger. However, the police are not as lenient when the suspect is an intimate partner as they are when the suspect is someone else the victim knows. Intimate partner suspects avoid arrest in part because they are less likely to commit their crimes in front of witnesses. In addition, victims who know the suspect in any way are reluctant to sign complaints, and this reluctance inhibits arrest. Men are less likely than women to sign complaints, particularly when the suspect is a partner.     

刑事诉讼法实施中的若干问题研究

辩护律师向犯罪嫌疑人、被告人核实证据时,除了可以将有罪的实物证据告诉犯罪嫌疑人、被告人之外,其他的证据都不能告诉;"两个基本"应当坚持,但要防止误读和滥用;只有使犯罪嫌疑人、被告人在肉体上或精神上遭受剧烈疼痛或者痛苦的程度与刑讯逼供相当,迫使其违背意愿供述时,获取的供述才应予以排除;在规定的办案场所以外讯问和未依法对讯问进行全程录音录像的行为属于违法,但所取得的供述依法不在排除之列;对指定居所监视居住期间没有违反规定的犯罪嫌疑人,只要其符合逮捕条件,可以转捕;羁押必要性审查的范围包括一切影响羁押条件成立的情况;纪委在查办案件中收集的证据,可以参照刑诉法关于行政机关在行政执法和查办案件过程中收集的证据的规定办理。     

The evidence notwithstanding--a case report on a rape.

This report concerns the rape of a woman by a stranger. The complainant stated that, during the course of the rape, penetration took place without ejaculation: these details were later confirmed by a suspect. This suspect, who was identified by the complainant, confessed and was convicted. Laboratory findings, however, indicated that the suspect could not have been the source of the semen found on the complainant's underpants. Further, a vaginal swab taken from the complainant contained intact sperm cells, an indication of a recent sexual contact. In spite of the presence of semen on the underwear which could not have come from the suspect, and the nonoccurrence of an ejaculation during the rape, the complainant maintained that she had not had a sexual contact for a month prior to the rape. This apparent contradiction and its implications are discussed.     

BOT中政府保证的相关法律问题

ＢＯＴ作为一种新型的利用国际私人资本进行基础设施项目投资的方式,已越来越多地被世界各国所重视和采用。但其在理论和法律规范上还有许多值得探讨之处,政府保证的法律问题就是其中之一。目前我国政府对ＢＯＴ中的政府保证基本采取拒绝的态度,这对吸引外国投资者参与我国基础设施建设有消极影响。因此我国必须抛弃对政府保证的疑虑,对ＢＯＴ项目作充分而适当的政府保证。本文将就ＢＯＴ中政府保证的几个相关的法律问题加以分析。     

Inclusion Probabilities and Dropout

Abstract: Recent discussions on a forensic discussion group highlighted the prevalence of a practice in the application of inclusion probabilities when dropout is possible that is of significant concern. In such cases, there appears to be an unpublished practice of calculation of an inclusion probability only for those loci at which the profile of interest (hereafter the suspect) is fully included among the alleles present in the crime scene sample and to omit those loci at which the suspect has alleles that are not fully represented among the alleles in the mixture. The danger is that this approach may produce apparently strong evidence against a surprisingly large fraction of noncontributors. In this paper, the risk associated with the approach of ignoring loci with discordant alleles is assessed by simulation.     

侦查期间合理限制律师会见权研究

平衡侦查权与会见权的冲突、生命权与自由权优先于会见权、会见的秘密性与谈话内容的难以证明性是侦查期间合理限制律师会见权的理论根据。侦查期间合理限制律师会见权的界限是:只有在会见可能妨碍侦查机关收集证据或者可能给他人生命与自由带来紧急危险时,才能适当推迟律师与犯罪嫌疑人的会见。以合理限制为标准,我国新《律师法》不受限制的会见权之规定和《刑事诉讼法》等有关严格限制会见权的规定均值得检讨,我国侦查期间律师会见制度亟待重塑。     

植物DNA检验技术在命案现场重建中的应用策略

植物DNA检验技术是利用植物遗传性状的稳态性对关联植物物证进行检验鉴定的手段。将该技术应用于现场重建,应基于植物物证与犯罪嫌疑人、被害人及其活动环境具有＂重大关联性＂。从命案现场重建的需求上看,应围绕犯罪嫌疑人及其可控物品中附着植物与现场植物的种属同一性判断、被害人尸体（尸块或尸骸）及其随附物品中附着植物与中心现场植物的种属同一性判断、疑似侵害物及其附着植物与嫌疑人行为关联植物的种属同一性判断等三个角度或层次进行检验和综合分析。植物DNA检验技术可阐明物证的时空运行停顿规律,为命案现场重建工作提供一种参考性解决方案。     

Teaching labour law in a technical college

In this lecture, the author identifies six themes in UK (predominantly English) and European practice which have permeated his 19 years in quality assurance: the vagueness of the term ‘quality assurance’; its uncertain purposes in the early years; the critical importance of its ownership and financing; the increasing tendency for quality assurance to be seen as a proxy organ of external power and control over autonomous higher education institutions; the rise and growing importance of developments in Europe; and the uncertain future direction of quality assurance. He examines changes in the purposes informally ascribed to the process and concludes that there has been a shift first from, and then back towards, accountability as the dominant purpose, and that this may displace enhancement as a key objective. The ownership and financing arrangements of the QAA limit its independence of action and possibly its effectiveness. They are also indicative of the government's desire to influence the direction of external quality assurance. In the European arena, the quality assurance aspects of the Bologna Process are described in terms of a jockeying for power over higher education between universities, governments and the European Commission. The lecture ends with some general observations about quality assurance.