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1.
Stab injuries of the face accompanied by fractures of the jaws are rare. The report deals with the case of a young man, who suffered a penetrating stab injury to the cheek and fracture of the mandible in an assault. The forensic questions to be answered were if the findings were compatible with a stab and subsequent fracture, if one of the confiscated instruments could have been the causative weapon and if the injury had to be assessed as life-threatening. Both the soft and the hard tissue injury confirmed the assumption that they were caused by a stab. It was not possible, however, to assign the injury to a specific knife from the submitted exhibits on the basis of the clinical findings. In the discussion the serious nature of stab injuries in the facial region is emphasized.  相似文献   

2.
王振民 《中国法律》2010,(5):11-12,67,68
案例指导制度是我们国家司法制度新近确立的一个组成部分。作为新生事物,它与我们现存的法律体系、法律制度是否兼容,这是值得探讨的。在大陆法系国家,案例制度一开始也受到了排斥,但後来还是逐步引进并确立了案例制度。我认为,对于中国而言,正在讨论建立的案例指导制度,与立法、司法、执法,包括法律职业、法律教育也应该是兼容的,而不是排斥的。  相似文献   

3.
Cardiovascular complications of cocaine abuse include myocardial ischemia and infarction, dysrhythmias, cardiomyopathies and aortic dissection. The case in point pertains to a 26-year-old, Caucasian male, substance abuser who suffered a thoracic aortic dissection following the use of crack cocaine. The autopsy and histological findings showed a connective tissue abnormality including a focal microcystic medial necrosis and a fragmentation of the elastic fibers in the arterial walls. Blood concentrations of cocaine and benzoylecgonine, taken individually, were considered to be within a potentially toxic range. Blood concentrations of methadone also indicated use of this drug at the same time. The small amounts of morphine found in the blood and urine were compatible with heroine or morphine use more than 24 h before death.  相似文献   

4.
In this study, we have proposed a novel solvent-based method using a specific concentration of 3M™ Novec™ HFE-72DE and 7200 solvents to untangle duct tape from porous article with minimal impact to the quality of latent fingerprint deposited on the sticky-side surface of duct tape. A series of experiments determined that a mixture of 30% HFE-72DE:7200 (v/v) was found to be the most effective to separate various brands of duct tape from different types of porous surface, including office copy paper, newspaper, cardboard, and tissue wipe, which had been stored for up to 30 days before untangling. Further studies also revealed that 30% HFE-72DE:7200 was compatible with three common fingerprint development methods for porous articles, namely ninhydrin, indanedione-zinc, and physical developer. The nonflammability and low toxicity nature of this novel solvent mixture also make it ideal for separating duct tape from porous surface in laboratory or at crime scene.  相似文献   

5.
《Science & justice》2014,54(5):356-362
Much information can be obtained from the chemical composition of a fingermark, which can be helpful in crime scene investigation. Immunolabeling can be used to extract information about the donor of the fingermark and it can also act as a fingermark development tool in sequence with the standard fingermark development techniques. However, before immunolabeling can be used in forensic practice more information on the possibilities and limitations of this technique is required. In this study, our aim was to investigate if immunolabeling is compatible with standard development protocols (indanedione-zinc, indanedione-zinc followed by ninhydrin spraying, physical developer, cyanoacrylate fuming, cyanoacrylate followed by basic yellow staining, lumicyanoacrylate fuming and polycyanoacrylate fuming). Immunolabeling was carried out successfully on all developed fingermarks, whereby dermcidin was selected as antigen of interest. We can conclude that immunolabeling is compatible with a wide variety of different fingermark developers. This finding in combination with previous findings, makes immunolabeling an interesting technique, which can be of great value in the forensic field.  相似文献   

6.
相对所有权观念在所有权平等保护中的解释论应用   总被引:1,自引:0,他引:1  
在近代私法上,绝对所有权中私的属性和社会属性是分裂的,而现代的相对所有权观念则认为所有权应该包括私的属性和社会属性。即在物权客体上往往是多重权利关系,不同权利人之间的关系协调是所有权本身应包含的内容。也就是说现代所有权应包含一定的社会属性,物权已经成为错综复杂的关系性结构,尤其是国家所有权和集体所有权。  相似文献   

7.
Blockchain has recently joined a long line of technological innovations that have been characterised as disruptive to, and possibly even subversive of, fundamental legal principles. This article looks behind the hype to examine how blockchain might – or might not – be compatible with established legal and regulatory models. Data protection is discussed as an example of an area of law that some have claimed cannot be reconciled with blockchain. Various other conflicts are also identified and concerns about blockchain are placed in the context of wider historical debates about new technologies vs law.  相似文献   

8.
不同的归责原则体现不同的责任分配思想和责任承担基础,因此其责任主体的认定标准也不相同。《道路交通安全法》第76条没有采纳单一的归责原则,而是区分不同的责任范围和交通事故类型分别适用不同的归责原则。"运行支配和运行利益"是危险责任原则下保有者或者运行供用者的判断标准,因此将其作为我国机动车交通事故责任主体的判断标准必然与《道路交通安全法》第76条第(一)项所确立的过错责任相冲突。我国未来制定的民法典应当在厘清归责原则与责任主体之间关系的基础上,正确定位机动车交通事故责任的归责原则,并规定与之相适应的责任主体。  相似文献   

9.
There is currently no accurate method to identify vaginal epithelial cells uniquely. This study aimed to use a cell extraction procedure compatible with routine forensic sampling methods, and to investigate the expression of cytokeratin (CK), estrogen receptor-alpha (ERalpha), and phosphodiesterase 5 (PDE5) in order to distinguish between skin, buccal, vaginal, and external penile epithelial cells. Seminal fluid samples were also examined. Epithelial cell samples were fixed in formalin, embedded in agarose, and processed using histological methods. Antigen-antibody reactions were detected using the DAKO Envision+ detection system. CK was present in all cells from all five sources confirming the origin of cells as epithelial. Both ERalpha and PDE5 positively labeled vaginal, buccal, and skin epithelial cells. Although an antigen unique to vaginal epithelial cells was not identified, we have described a cell extraction procedure for use in the immunohistochemical detection of a wide range of antigens, an approach compatible with forensic diagnostics.  相似文献   

10.
This study explores the extent to which women interested in careers in criminal justice tend to express interest in the female-role—compatible specialties within the field as compared to men and as compared to more traditionally male specialties. A sample of 288 criminal justice students was surveyed and the data revealed that females did express higher interest in female-role—compatible specialties both as compared to the males surveyed and as compared to their interest in most of the traditionally male positions. The results are especially noteworthy in that occupational areas recently opened to women (most especially police patrol officer) were of relatively low interest to those women as compared to traditionally female areas.  相似文献   

11.
This paper compares the Uniform Crime Reports (UCRs) to the results of the National Crime Survey (NCS). Six Part I offenses are used to form the basis for comparison across twenty-six large American cities. The two data sources are conceptually comparable. Empirically, the NCS reveals significantly higher rates for all offenses but auto theft. The two sources are compatible in that the UCR revealed the same distributional pattern as the NCS. Thus it was concluded that the UCR provides an accurate indicator of the relative occurrence of criminal acts.  相似文献   

12.
This article considers the institutional position of the Commission within the European citizens' initiative (ECI) process, with particular emphasis on its decision regarding the admissibility/registration of a proposed ECI, and its final decision on the outcome of an ECI which has met the necessary levels of support. The purpose of this contribution is to juxtapose the case‐law of the Court on the Commission's discretion and the relevant provisions of the Treaties with the evolution of European integration and, more specifically, the evolution of the Commission's role therein. Viewed under this prism, the Commission's powers at the registration stage (which in any event clearly fall under the scope of judicial review) are compatible with the constitutionalisation of the Union, whereas the Commission's width of discretion at the follow‐up stage, while compatible with the Commission's prerogatives, cannot easily be reconciled, nonetheless, with the Commission's limited legitimacy when compared to that of the co‐legislators, the fact that it may not always represent the Union interest, and the latter's pragmatic losses within the EU institutional balance.  相似文献   

13.
The chemical composition of a fingermark potentially holds a wealth of information about the fingermark donor, which can be extracted by immunolabeling. Immunolabeling can be used to detect specific components in fingermarks; however, to be applicable in the forensic field, it should be compatible with commonly used fingerprint visualization techniques. In this study, the compatibility of immunolabeling with two different fingerprint visualization techniques, magnetic powdering and ninhydrin staining, was investigated on fingermarks deposited on glass and on nitrocellulose membranes. With dermcidin as antigen of interest, immunolabeling was performed successfully on all developed fingermarks. We can conclude that immunolabeling is compatible with magnetic powdering and ninhydrin staining, which can be of great forensic value.  相似文献   

14.
THOMAS MAY 《Ratio juris》1995,8(3):287-295
Abstract. Sovereignty may be threatened by obligations and relations with other nations, states or powers from either an “internal” or “external” perspective. In this paper, I argue that these obligations and relationships may be compatible with a state's sovereignty if we understand the proper nature of authoritative relationships. This requires a model of “rational authority” which places emphasis on the first-person perspective of the subjects to authority.  相似文献   

15.
A man with no previous medical problems had two documented exposures to an insecticide containing the organophosphorous compounds chlordane and heptachlor. Six months to one year later, he began to experience neurological symptoms which progressed until his death. At autopsy, his brain showed classic findings of multiple sclerosis, and he had a severe peripheral neuropathy. Review of the literature indicates that the findings are not compatible with chlordane toxicity. Some of the factors to be used in determining the casual relationship between toxic exposure and disease processes are discussed.  相似文献   

16.
An unconscious 8 weeks old infant was admitted to hospital and found to have bilateral, subdural and retinal haemorrhages. He died the following day. The explanation for the subdural haemorrhage put forward by his carers was that the infant had been in a baby-rocker and that the carers had seen the rocker being rocked vigorously by their 14 months old daughter on two separate occasions. This paper describes the biomechanics of an infant model in the particular baby-rocker used and determines the maximum forces generated, comparing them with the 'forces' thought to be compatible with the causation of subdural haemorrhage.  相似文献   

17.
Abstract. This paper is an answer to Mazzarese (1993) in which the author argues that Kelsen's normological scepticism is a consequence of his theory of legal dynamics and of his views on the relation between higher and lower norms. The author rejects this tenet and reasserts his opinion that there is an essential break between the classical Pure Theory of Law and Kelsen's late doctrine. Therefore an inquiry is justified whether the theses and concepts of the classical Pure Theory are compatible with normological scepticism in Kelsen (1979). Mazzarese's comments on neo-institutionalist views on legal validity are based on a misinterpretation of this conception.  相似文献   

18.
This study covers a modified semi-quantitative approach to detecting signature peptides for body fluid identification. A liquid chromatography tandem mass spectrometer normally used for toxicology was adapted to detect target ion transitions for five semen or saliva specific peptides. Peptide concentrations were measured based on a mixture of synthetic peptide standards. Samples were processed using a three-hour trypsin digestion and Microcon membrane filtration. This method generates PCR compatible DNA and peptide fractions that can be typed without any further treatment. Preliminary validation tests covered stains on different substrates, semen/saliva mixtures, limit of detection, and repeatability. All signature peptides were present at different concentrations, varied amongst donors, and were tissue specific. Saliva peptides were detected at lower concentrations and had a higher limit of detection (LOD). Semen peptides had higher concentrations and were detected even as a minor component in a mixture. All semen peptides and all, but one, saliva peptides were detected on the various substrates. Semen peptide concentrations had relative standard deviations (RSDs) lower than 20%, indicating high repeatability, different from saliva where higher RSDs were observed. DNA fractions did not show signs of degradation or PCR inhibition.  相似文献   

19.
It can be compatible with justice and the rule of law for acourt to impose new legal liabilities retrospectively on a defendant.But judges do not need to distinguish between imposing a newliability, and giving effect to a liability that the defendanthad at the time of the events in dispute. The distinction isto be drawn by asking which of the court's reasons for decisionthe institutions of the legal system had already committed thecourts to act upon, before the time of decision. I explain theseconclusions through an assessment of the last episode in thedebate between H.L.A.Hart and Ronald Dworkin.  相似文献   

20.
A 29-year-old Japanese man with bronchial asthma died while undergoing Chinese acupuncture and moxibustion treatment. The autopsy findings of the lungs were compatible with a diagnosis of severe asthma. Further, on immunohistochemical examination, hypoxic brain damage and an unusual distribution of pulmonary surfactant were found. In contrast, only minor hemorrhages in the right semispinal muscle and round-shaped bruises were seen as a result of Chinese acupuncture and moxibustion treatment. Thus, it was concluded that the man had died from a severe asthmatic attack.  相似文献   

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