Forensic Analysis of Cigarette Ash—Brand Determination Through Trace‐metal Analysis

The information inherent in cigarette ash in the form of trace‐metal concentrations may be of use in a forensic context as it can indicate the brand from which the ash originated. This knowledge might help place suspects at crime scenes or determine how many people may have been present. To develop and test statistical models capable of classifying ash samples according to brand, commercial cigarettes procured in the U.S. and overseas were “smoked” using a peristaltic pump, mimicking the range of human smoking habits. Ash samples were digested in a mixture of nitric and hydrochloric acid applying microwave digestion and analyzed using inductively coupled plasma‐mass spectrometry. Principal component analysis of the elemental data showed intrinsic differences between brands. Partial least squares‐discriminant analysis demonstrated that brand classification yields good sensitivity and specificity for a number of models tested. Varying smoking parameters did not impact the classification of ash samples.     

Craniometric diagnosis of skeletal and somatotype mass

The paper presents diagnostic models for evaluation of ash mass (bone fragments, bone ashes), sex, length and mass of the burned body. Individual data by M. Warren and W. Maples (1997) on 85 adult Americans were used. On the basis of a canonical discriminant analysis and multiple linear regression equations the authors have developed models for diagnosis of ash residue mass as well as the burned body's sex, body length and mass. The above models can be used directly on the place of the criminal body cremation. They do not require determination of anatomic appurtenance of bone fragments and their osteometric examination.     

Coal Ash Disposal in North Carolina: The Road after Eden

Coal ash legislation came to North Carolina in the wake of two significant spills, one at the nearby Tennessee Valley Authority coal power plant in Kingston, Tennessee, and another at the Dan River Steam Station along the Dan River in the town of Eden, North Carolina. These two events, combined with an impending study by the USEPA, would galvanize the North Carolina General Assembly to pass Senate Bill 729 (the Coal Ash Management Act). This bill mirrors the federal system of prioritizing the different energy utilities based on their hazard potential and eventually terminating their use as power production and coal ash storage facilities. Additionally, the act created a coal ash management commission and the process for confirming members. In summation, this legislative step shows the North Carolina General Assembly taking concrete steps to address a problem in the handling of coal combustion residuals. In North Carolina, however, only time will tell if these measures are substantial enough to ward off another Eden.     

Smoking trials with mercury contaminated cigarettes. Studies of attempted poisoning]

In the context with an attempted poisoning it was investigated, to which extent an intoxication can be caused by smoking cigarettes, which contain elementary mercury. With a smoking apparatus the effect of the amount (9 mg to 1.4 g) and of the distribution of the Hg within the cigarette on its concentration in the mainstream and sidestream smoke as well as in the ash and the filter was analytically determined. It follows from these experiments, that at a good distribution almost independently of the amount involved only up to 2 mg Hg per cigarette are inhalated with the mainstream smoke, whereas up to 97% are found in the sidestream smoke. In the ash and the filter only small amounts are detected. By comparison with cases described in literature it is shown, that a poisoning by such cigarettes is possible only after frequent smoking or by passive smoking via the sidestream smoke in small and badly aerated rooms.     

Estimating the timing of long bone fractures: correlation between the postmortem interval, bone moisture content, and blunt force trauma fracture characteristics*

There is very limited knowledge about how long perimortem fracture characteristics persist into the postmortem interval (PMI). Therefore, in this study, 60 porcine long bones were exposed to natural taphonomic conditions and fractured with a steel bone breaking apparatus every 28 days throughout a 141-day period. Differences between macroscopic blunt force trauma fracture characteristics (fracture angle, surface morphology, and outline) were examined to determine if they varied over time or in relationship to bone moisture content (ash weight) and overall assessment. There are significant relationships between (1) PMI and percent ash weight (%AW), fracture surface, and fracture angle and (2) %AW and fracture surface and fracture angle. Bone moisture content correlates significantly with fracture morphology and other characteristics commonly used by forensic anthropologists to determine the timing of traumatic injuries. However, fracture characteristics normally associated with perimortem trauma can persist long into the PMI.     

裂解气相色谱-质谱法和热失重法检验轮胎胎面胶成分

目的 建立一种轮胎胎面胶提取物检验分析方法.方法 用热失重法（TGA）和裂解气相色谱-质谱法（PGC-MS）,测试了常见的10种轮胎胎面胶提取物的成分及含量.结果 该方法可以鉴别不同轮胎胎面胶提取物的种类,同时可以推断出胎面胶遗留物的含胶率,油及增塑剂、灰分、炭黑的含量;不同品牌轮胎胎面胶提取物的热失重行为也存在较大差异.结论 该方法能为肇事车辆轮胎的溯源及认定提供技术支持.     

Cremation weights in east Tennessee

In spite of increasing number of cremations in the U.S., little is known about weights of cremated remains. This research was undertaken in order to add to the limited literature on cremains weights and to explore variation. Weights of cremated remains were obtained from the East Tennessee Crematorium. The sample consists of 151 males and 155 females. Age, sex, and race were obtained for each individual. Males are about 1000 g heavier than females. Both sexes lose weight with age, but females lose weight at about twice the rate of males. East Tennessee cremation weights were compared with those from Florida reported by Warren and Maples, and those from Southern California reported by Sonek. East Tennessee results were also compared with an earlier study on ash weight of anatomical human skeletons carried out by Trotter and Hixon. East Tennessee cremations weigh about 500 g more than the samples from Florida and California, and about the same as the earlier anatomical samples. We hypothesize that variation reflects variation in body weight and activity. This variation must be taken into account when cremation weights are at issue.     

Post-cremation taphonomy and artifact preservation

Contemporary commercial cremation is a reductive taphonomic process that represents one of the most extreme examples of postmortem human alteration of bone. The thorough reduction and fragmentation of cremated human remains often leaves little biological evidence of diagnostic value. Instead, non-osseous artifacts often provide the best evidence of the origin of the cremated remains, the identity of the decedent, and commingling of the remains of more than one individual. Once human remains have been cremated they are most commonly placed into a processor and reduced into small fragments and fine ash suitable for inurnment or scattering. The type of processor determines the size and utility of the particulates and artifacts available for analysis. The newest type of processors have changed the manner and degree of postmortem bone modification and altered the preservation of diagnostic bone fragments and cremation artifacts. This paper addresses the impact of the newest cremation procedures on forensic analysis of cremated remains.     

Standards of performance for new stationary sources and emission guidelines for existing sources: hospital/medical/infectious waste incinerators--EPA. Final rule

This action promulgates new source performance standards (NSPS or standards) and emission guidelines (EG or guidelines) to reduce air emissions from hospital/medical/infectious waste incinerator(s) (HMIWI) by adding subpart Ec, standards of performance for new HMIWI, and subpart Ce, emission guidelines for existing HMIWI, to 40 CFR part 60. The standards and guidelines implement sections 111 and 129 of the Clean Air Act (CAA) as amended in 1990. The standards and guidelines apply to units whose primary purpose is the combustion of hospital waste and/or medical/infectious waste. Sources are required to achieve emission levels reflecting the maximum degree of reduction in emissions of air pollutants that the Administrator has determined is achievable, taking into consideration the cost of achieving such emission reduction, any nonair-quality health and environmental impacts, and energy requirements. The promulgated standards and guidelines establish emission limits for particulate matter (PM), opacity, sulfur dioxide (SO2), hydrogen chloride (HCl), oxides of nitrogen (NOx), carbon monoxide (CO), lead (Pb), cadmium (Cd), mercury (Hg), dioxins and dibenzofurans (dioxins/ furans), and fugitive ash emissions. Some of the pollutants being regulated are considered to be carcinogens and at sufficient concentrations can cause toxic effects following exposure. The standards and guidelines also establish requirements for HMIWI operator training/qualification, waste management plans, and testing/monitoring of pollutants and operating parameters. Additionally, the guidelines for existing HMIWI contain equipment inspection requirements and the standards for new HMIWI include sitting requirements.     

Burning,Building, and Burying: Coal Combustion Residual Disposal in North Carolina

The fate of coal combustion residuals (CCRs) in North Carolina and the rest of the United States is noteworthy, particularly in light of the recent spills in Eden, North Carolina, and Kingston, Tennessee. The safe storage of coal combustion residuals should be a priority of the state and the federal government, in order to protect the drinking water of citizens from contaminants, like arsenic, lead, cadmium, selenium, and mercury.¹1 “Coal Ash: The Toxic Threat to Our Health and Environment,” Physicians for Social Responsibility and EarthJustice, http://www.psr.org/assets/pdfs/coal-ash.pdf (accessed September 19, 2015).View all notes Recently, North Carolina has taken steps with the passage of Senate Bill 729, entitled Coal Ash Management Act, and other legislation in order to promote safe storage of CCRs through a capped landfill system, complete with synthetic liners and leachate collection system. This article highlights not only the legislative enactments surrounding the disposal of coal ash in North Carolina, but also the effectiveness of such practices, both in North Carolina and the greater United States as a whole.     

宪政的价值构成与宪政的合理性分析

宪政的合理性不仅在于其对权力的正当化和规范化 ,更在于其对正义、民主、自由等价值理念的张扬与坚持 ;前者旨在解说宪政的工具合理性 ,后者则力图以宪政的价值合理性来论证宪政的工具合理性 ,并为宪政实践提供方向性指引。在宪政的价值构成体系内 ,正义具有综合性与绝对性的特质 ,是宪政的第一性价值 ,并构成宪政价值合理性的基础 ;民主、自由等具体价值目标是宪政的第二性价值 ,它们源自于正义且受制于正义 ,并成为宪政价值合理性的证明。     

对侵犯知识产权犯罪案件中“违法所得”的确认

＂违法所得＂是知识产权刑法及司法解释中的常见词语,但理论、实践界对＂违法所得＂的理解不尽相同,有的将其与＂销售金额＂联系起来,有的认为是扣除一定成本的利润;就是利润本身也存在不同的解释,如销售利润、净利润等。法律上的不确定给侦查办案增添了难度,因此,在法律层面必须明确＂违法所得＂的真正内涵,在不同案件中的具体核算方法。公安机关办理相关案件,取得＂违法所得＂证据的过程中,要重点注意现场处置;有价值会计资料信息提取;针对性的讯问及从交易双方获取＂违法所得＂记录等等。     

Physico-chemical properties of head hair of people of European and Negroid races

Comparative studies of head hair obtained from europeoid and negroid people showed no difference in water and sulfur content, resistance to temperature exposure and alkaline solution as well as in electrophoretic distribution of keratin proteins. At the same time values of rupture loads and extension as well as value of curl elasticity of negroid people's hair surpass substantially the same characteristics of europeoid people's hair.     

浅谈企业破产财产的界定

企业的破产财产认定问题,从表面上看是一个简单区分一下财产范围的问题,由于我国破产法律规定的特殊性,它又是理论性及实践性很强的问题。我国现有的破产财产有关法规和司法实践存在不足之处,亟待完善。     

Preliminary evaluation of the persistence of organic gunshot residue

The organic components of gunshot residue (OGSR, also called firearms discharge residue (FDR) or cartridge discharge residue (CDR)) have been studied and discussed in the literature. These residues, consisting of particulates such as burned and unburned powder as well as molecular compounds, are rarely used in casework except for purposes such as shooting reconstructions. Molecular compounds that survive the firing event or that are created as a result of the firing event could, with focused research and development, open a new avenue for forensic gunshot residue analysis. In this study, the persistence of organic gunshot residue was evaluated using diphenylamine (DPA) as a target analyte and ion mobility spectrometry (IMS) as the detection system. Samples were collected from hands using a solvent swabbing technique and the swab was analyzed using direct thermal desorption for sample introduction into the IMS. OGSR was found to persist for at least 4h. Although DPA is a widely used industrial compound, analysis of numerous blank and background samples (n～100) did not show any significant response for DPA using this detector. Variations were noted among individuals and as such, the data set does not support estimation of a half-life as has been done for traditional primer residues. No secondary transfers were observed, suggesting the possibility of skin adhesion via interactions between the lipophilic organic compounds and skin lipids. IMS proved valuable as a means of generating patterns for forensic pattern matching and shows promise as a screening tool applied to firearms discharge.     

人际同构:正义观念的衍更

正义是法律的内在根据和法上之法 ,正义也是弥久常新的人类精神现象。当今世 ,人与自然、生态、环境的冲突已危机四伏 ,必得有全新的法律制度和观念形态为之救济 ,而正义理念的再诠释 ,则是这种法律和观念所必不可少的根据。本文认为 ,旧有的正义理念的核心是“分” ,具体有分构的正义、分配的正义、交易的正义、合作有效性的正义 ,它们只能满足人域内部的秩序和公正需求 ;新兴的正义理念将缔造“人际”秩序的公平、合理 ,其核心是“合” ,它包括摄取的正义、多样性与复杂化的正义、同构守衡的正义、互养循环的正义。法律的进化取决于正义精神的进化 ,故弘扬一种人在与自在共享的正义理念 ,将是这个世界的福祉。     

善待能动司法——从法社会学和法经济学角度

能动司法与司法能动具有本质的差别,能动司法更加侧重司法的艺术性和对当下社会司法需求的回应。几千年的人治文化及中国现代都市与较落后的农村社会构成的二元社会,造成的公民整体法律意识提高的速度异常缓慢的现状以及不够完善的法律体系,迫切需要法院在解决纠纷方面付出极大的作为,而不是仅仅满足于坐堂审案。这为能动司法提供了存在的基础和发展的空间,并使能动司法具有一定的法社会学和法经济学意义。能动司法应以司法公正为核心,以法律规制为原则,以适度有序为方法论,以利益衡量为正当选择,以审判方法和审判作风为重点。同时法院当前的能动司法适宜以中西部和欠发达地区为主要区域,并围绕司法审判这一中心工作展开。能动司法的实践涵盖刑事、民商、行政三大审判和执行工作,并随国家和当地政策大局的变化而丰富其内涵。     

罪数形态研究述评

在过去的三十年间,我国关于罪数形态的理论研究从无到有、从粗到细。目前,罪数形态已经成为学术界关注程度相当高的一个研究领域。总体来看,在罪数判断标准和一罪类型体系这两个问题上,理论界已经基本形成通说观点,当然也还存在不同声音;与之相比,关于具体罪数形态的概念内涵、处罚原则、存废取舍等诸多问题,则存在更多争议,个别问题的研究显得较为混乱。     

刑事人身辨认证据种类辨析及相关证据规则的适用

2012年3月14日,全国人大通过了经过全面修改的《刑事诉讼法》,在新《刑事诉讼法》中,辨认笔录第一次以法定证据的形式出现在了我国的刑事立法中.随后出台的配套司法解释以《刑事诉讼法》为依据,构建了较为完备的人身辨认证据规则体系,这改变了长期以来辨认笔录作为证据于法无据、作为侦查线索运用混乱的失范局面,是一个显著的进步.但规范层面的概念界定并没有完全消除理论上对于人身辨认证据种类方面的争论,人身辨认在证明对象、心理机制和证明方式上与相关言词证据千丝万缕的联系为人身辨认证据规则的适用增加了困难.因此,有必要从人身辨认证据种类界定入手,探究辨认证据在证据规则适用上的特殊问题,力图强化辨认证据的审查判断,以降低错误辨认的可能性及其对案件实体结果的不利影响.     

Post-mortem investigations of fatal cases of narcotic addiction

Organic lesions induced by narcotics are caused by the mode of application as well as directly or indirectly by the toxic effect of the substances.The cause of death is very often oedema of the lungs and brain, toxic circulatory failure or failure of certain vital organs, due to cellular degeneration.Narcotics abusers show mainly liver damage. Cell degeneration and infiltration of round cells have to be interpreted as drug hepatopathy and usually not as viral hepatitis.Histochemical tests show reduced enzyme levels in the impaired liver tissue. Toxic degeneration and inflammatory reactions are seen in the kidneys. Brain lesions are confined to cellular damage without necrotic degeneration of larger areas. Sporadically there are perivascular haemorrhages.The heart and the vascular system show mainly inflammatory reactions due to the application of the drug and rarely capillary embolism subsequent to the injection of dissolved tablets. Centrally stimulating substances cause hypertrophy of the tunica media in the pulmonary vessels combined with pulmonary hypertension.With progressive social collapse the drug addict suffers from dental caries, profound inflammatory periodontopathy as well as from fractures and fissures as a result of gnashing the teeth (bruxism).