Fetal gunshot wound characteristics

Firearm injury in pregnant women is reported in the literature; however, no articles to date address the forensic analysis of the wounds sustained by the fetus. This is a report of a 40 weeks gestational age fetus who died following multiple perforating gunshot wounds, while his mother survived. The fetal wounds were atypical, consisting of irregular perforations with radiating linear lacerations and adjacent abrasions. The unusual wound pattern may have been due to the presence of interposed targets, the shoring of the fetus against itself and the uterine corpus, and the intrinsic character of fetal skin.     

The Concept of Fetal Rights

Law and Philosophy -     

秘密监听的事后救济问题解析

刑事侦查中秘密监听措施可弥补传统侦查手段的不足;但监听的采用又严重侵犯公民的通讯自由和隐私权。基于有权利必有救济的理念,对秘密监听行为应当进行事后救济。判断违法监听的标准包括客观标准和主观标准。结合域外经验和我国现实,秘密监听的救济制度包括告知、审查、对违法资料的处理及民事赔偿、国家赔偿、刑事追究等制度。     

胎儿地位的法哲学思考——以权利之概念分析为基础

胎儿地位问题是自罗马法以来倍受法学界关注的重要课题之一。对这一问题的探讨，必须以权利之概念分析作为基础。坚持“活着出生规则”为前提，采取概括保护与个别保护相结合的立法策略，应该作为我国民法保护胎儿利益的明智选择。     

Fetal death. A 10-year retrospective study

Fetal death has been defined by the World Health Organization as death before complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy. Certain causes of fetal death, including syphilis, Rh isoimmunization, toxemia, and diabetes, have shown significant declines over the past several decades. However, many fetal losses continue to occur from intrauterine infections, lethal malformations, fetal growth retardation, and abruptio placentae. Fetal death with no identifiable specific cause is another consideration when dealing with these cases. Other risk factors can include maternal, sociodemographic, and medical care factors. The authors reviewed all forensic cases referred for autopsy to the Forensic Section of the Medical University of South Carolina, Medical Examiners' Office over the 10-year period 1990-1999. All cases listed as fetal death or stillbirth were included. The 42 cases were analyzed as to fetus' gestational age, sex, race, weight, location of delivery, history of prenatal care, maternal drug use, chromosomal abnormalities, cause and manner of death, and autopsy findings. The black:white ratio was approximately 2:1, and the male:female ratio was virtually 1:1. Most fetuses were older than 20 weeks' gestational age, with one third between 20 and 29 weeks. The majority were externally normal aside from maceration. Only 7.5% had congenital anomalies. Twenty-one of 38 placentas were grossly and microscopically normal. Of cases with toxicologic analysis, 21% were positive for drugs, and 17% were positive for cocaine/benzoylecgonine. The manner of death was classified as natural (28), accident (2), and undetermined (12). Few studies have reported the specific causes of fetal death, and the lack of uniformity in data collection and classification of causes of fetal death has made comparisons difficult. The authors present this retrospective study to better determine the factors leading to fetal demise in the hope of assisting death investigators in this challenging arena.     

社会治安情报监控浅析

社会治安情报监控是开放性社会环境下,公安机关全面、准确、及时掌握社会动态和治安状况,预防、发现、精确打击违法犯罪活动,维护社会治安稳定的重要手段。它通过收集和分析有关重点人员、重要场所等方面的情报信息,实现对监控对象自动发现、自动预警、轨迹跟踪、动态管控的目标。其工作流程,既是对监控对象实施“排查-监视-处置”的过程,也是情报信息“规划-收集-研判-反馈”的循环过程。吸毒人员动态管控是社会治安情报监控的具体实例,做好吸毒人员信息的采集、审核、维护及应用,是吸毒人员动态管控机制正常运行的根本保障。     

论网络监控取证的法律规制

网络监控是当前司法实践中一种全新的取证措施,在世界范围内得到了广泛运用,同时也引发了一系列的法律障碍。对网络监控取证进行法律规制,首先需要明确相应的程序,这种取证措施应当至少包含“授权”、“证据收集”、“证据分析与提交报告”三个阶段。其次,网络监控取证需要重点解决以下四个法律问题：明确审批主体与审批标准、合理界定监控的范围、厘清所获证据的证据能力、实现与隐私权保护的价值平衡。     

Fetal death due to nonlethal maternal carbon monoxide poisoning

Fetal death due to acute carbon monoxide poisoning is rarely reported in the medical literature. Of the eight cases found in literature review, only one documented the fetal carboxyhemoglobin concentration. This paper reports a fetal death due to accidental nonlethal maternal carbon monoxide intoxication in which both maternal and fetal carboxyhemoglobin concentrations were obtained. The corrected carboxyhemoglobin concentration was 61% at the time of death in utero, while the maternal carboxyhemoglobin was measured at 7% after one hour of supplemental oxygen. The authors review the mechanisms of fetal death and emphasize the different carbon monoxide kinetics in the fetal circulation.