Drugs in injured drivers in Denmark

As part of the project Impaired Motorists, Methods of Roadside Testing and Assessment for Licensing (IMMORTAL) under the European Commission's Transport RTD Programme of the 5th Framework Programme [I.M. Bernhoft, Drugs in accidents involved drivers in Denmark, D-R4.3 of the project Impaired Motorists, Methods Of Roadside Testing and Assessment for Licensing (IMMORTAL), www.immortal.or.at, 2005], a study regarding drugs in accident-involved drivers was carried out in Denmark. The main objectives of this study were: (1) to collect and analyse samples from injured drivers for the presence of drugs; (2) to give an indication whether drugs may have contributed to traffic accidents; and (3) to get information on the drug-positive drivers and their drug use. This paper focuses on objective 1. Injured drivers who were treated in hospital were asked to give a saliva sample, a blood sample or both. The samples were screened for the following substances: opiates, amphetamines, methamphetamines, incl. MDMA (ecstasy), cannabinoids and metabolites, cocaine and metabolites and benzodiazepines. Screenings were carried out by means of Cozart Microplate EIA kit. Positive screenings were confirmation analysed by gas chromatography–mass spectrometry (GC–MS) or liquid chromatography/tandem mass spectrometry (LC/MS/MS). In total, 26 out of 330 patients were confirmed positive for one or more of the six drug groups. However, three patients were excluded from the survey for various reasons. Of the remaining 23 drug-positive patients 15 were found positive for one drug group, and in five of these cases alcohol was present in a concentration over the legal limit in Denmark (0.05%). The other eight patients were found positive for two drug groups, and in four of these cases, alcohol was also present in a concentration over the legal limit. Alcohol was found both in combinations with medicinal drugs, with illegal drugs and with both. Based on the saliva or blood concentrations, we estimate that there is a strong suspicion of impairment in 9 out of 23 cases, and in another six cases it was likely that the drivers were impaired.     

癫痫的神经病理学研究进展

癫是一种常见的脑疾病,可引起猝死,以往人们侧重于对癫脑电活动的研究,而近年来癫的神经病理学研究已成为临床和法医工作者的一个研究热点。本文依据一系列文献资料分别从癫的发育障碍、瘤性异常增殖、海马硬化、双重病理改变、苔藓纤维发芽等神经病理学变化方面进行综述,进而探讨其法医学意义,希望对癫猝死的法医病理学诊断提供一定的帮助。     

德国土地征收中的公共利益

德国《基本法》第14条将所有权作为宪法基本权利予以保护。该条公共利益条款的本质出发点是保护私人所有权。公共利益概念在德国土地征收法上依据通说认为应作狭义理解,非所有公共利益均可满足征收法上的要件。部门法对公共利益有明确规定。学说和实务界对公共利益概念主要在负面达成了一致。就所谓的商业征收并未一般性否定。公共利益本身也与征收的必要性紧密相关。     

当代国际行刑领域正在发生的变革

20世纪70年代由于监狱人满为患,重新犯罪率持续不降,很多国家开始在行刑领域进行改革。其基本内容包括:拓宽行刑目的,从矫正目的论发展到矫正、惩罚、帮助罪犯重返社会与剥夺多元目的论;改革监狱管理制度,从实施累进处遇制发展到推行危险管理制度;变革矫正制度,将"传统矫正"制度发展为"项目矫正"。我国需要研究国际社会在行刑领域的行刑变革理论与实践。     

Drugs in oral fluid in randomly selected drivers

There were 13,176 roadside drug tests performed in the first year of the random drug-testing program conducted in the state of Victoria. Drugs targeted in the testing were methamphetamines and Δ⁹-tetrahydrocannabinol (THC). On-site screening was conducted by the police using DrugWipe^®, while the driver was still in the vehicle and if positive, a second test on collected oral fluid, using the Rapiscan^®, was performed in a specially outfitted “drug bus” located adjacent to the testing area. Oral fluid on presumptive positive cases was sent to the laboratory for confirmation with limits of quantification of 5, 5, and 2 ng/mL for methamphetamine (MA), methylenedioxy-methamphetamine (MDMA), and THC, respectively. Recovery experiments conducted in the laboratory showed quantitative recovery of analytes from the collector. When oral fluid could not be collected, blood was taken from the driver and sent to the laboratory for confirmation. These roadside tests gave 313 positive cases following GC–MS confirmation. These comprised 269, 118, and 87 cases positive to MA, MDMA, and THC, respectively. The median oral concentrations (undiluted) of MA, MDMA, and THC was 1136, 2724, and 81 ng/mL. The overall drug positive rate was 2.4% of the screened population. This rate was highest in drivers of cars (2.8%). The average age of drivers detected with a positive drug reading was 28 years. Large vehicle (trucks over 4.5 t) drivers were older; on average at 38 years. Females accounted for 19% of all positives, although none of the positive truck drivers were female. There was one false positive to cannabis when the results of both on-site devices were considered and four to methamphetamines.     

科学与法律领域的真相

审判过程并非仅仅是为了"查明真相"。自从美国的法律系统开始使用科学证人以来,法律领域就面临着混乱的局面。自从Frye规则到Daubert标准再到Kumho Tire标准,乃至发展为修改后的《联邦证据规则》702条,尽管法律系统经历了上述诸多努力,人们仍然不会相信法律系统能够从科学信息中获得预期的收益。科学主张和理论或真或假,它们的真或假是一个客观的问题。法律裁决可以断定法律真理为真,也可以断定"所谓的科学真理"为真。只有科学命题所描述的自然界现象和事件的性质——而非有关证据可靠性的法律裁决,也非法庭上的论证和交叉询问——能够证明真的科学命题为真,证明假的科学命题为假。     

Developments in cybercrime law and practice in Ethiopia

With increasing access to information and communication technologies such as the Internet, Ethiopia has recently taken responsive legislative measures. One such legislative measure is enactment of cybercrime rules as part of the Criminal Code of 2004. These rules penalize three items of computer crimes namely hacking, dissemination of malware and denial of service attacks. The cybercrime rules are however slightly outdated due to changes that have occurred in the field of cybercrime since the enactment of the Code. The surge of new varieties of cybercrimes previously uncovered under the Code and the need to legislate tailored evidentiary and procedural rules for investigation and prosecution of cybercrimes have recently prompted the Ethiopian government to draft modern and comprehensive cybercrime legislation, but the draft law still needs further work on cybercrimes in light of other major legislative developments at regional and national levels. This article closely examines major developments in cybercrime law and practice in Ethiopia since the enactment of the first set of cybercrime rules and proffers recommendations towards a unified cybercrime regime.     

Recent Trends in Sentencing Policies in the Netherlands

This article considers sentencing in the Netherlands and in particular the changes that have been introduced since the 1980s, both in the adult and in the juvenile justice system. Several questions will be treated in the article. Sentencing in the Netherlands in the last two decades is analysed and some explanations for the changing trends are presented. Results indicate that the Netherlands is following a general pattern, prevalent in Europe and the US, of more punitive and repressive punishment. Also, the extent to which new sentencing options, such as community sanctions have made a difference to the upward trend in imprisonment, will be analysed. In an effort to reduce the costs of the system new policies are being developed, introducing both 'front door' and 'back door' varieties in sentencing. These will lead to some important and radical changes in the criminal justice system.     

日本国家赔偿特别领域要论

国会立法的内容被法院认定违反宪法时 ,属于国家赔偿法上的违法 ;立法不作为时 ,法院承认国会有广泛的立法裁量权 ,但也认为存在违法性不作为的情形。因行政权限不行使发生损害时 ,成立国家的赔偿责任 ,但受到国民法益的性质、违反的义务的性质、注意义务的基准等因素的影响。关于非权力作用 ,理论与判例均未形成一致认识 ,但在学校事故事件、行政指导及信息提供等方面 ,已有适用国家赔偿法的倾向。     

当前我国金融刑法中存在的问题探究

金融刑法是随着我国金融业的发展而逐步建立和发展起来的。到目前为止，我国已形成了较完备的金融刑法体系。由于我国金融业起步晚，发展远不够成熟，当前我国金融刑法中仍存在一些问题。本文试对我国金融刑法中金融犯罪的范围、金融刑法的罚金刑、金融犯罪的数罪并罚等问题略作探讨，以期对金融刑法的立法与司法有所裨益。     

Fatal poisoning in drug addicts in the Nordic countries in 2007

The frequency of medico-legally examined fatal poisonings in 2007 among drug addicts was investigated in five Nordic countries; Denmark, Finland, Iceland, Norway, and Sweden. The number of deaths, age, sex, place of death, main intoxicant, and other drugs present in blood samples were recorded to obtain national and comparable Nordic data, as well as data to compare with earlier studies in 2002, 1997, and 1991. Norway had the highest incidence of drug addict deaths by poisoning followed by Denmark, with 8.24 and 6.92 per 100,000 inhabitants, respectively. The death rates in Finland (4.02), Iceland (4.56), and Sweden (3.53) were about half that of Norway and Denmark. Compared with earlier studies, the death rates were unchanged in Denmark and Norway, but increased in Finland, Iceland, and Sweden. In all countries, fewer deaths (29-35%) were recorded in the capital area compared with earlier studies. Females accounted for 11-19% of the fatal poisonings. Iceland deviates with a more equal distribution between men and women (40%). Deaths from methadone overdoses increased in all Nordic countries, and methadone was the main intoxicant in Denmark in 2007, accounting for 51% of the poisonings. In Norway and Sweden, heroin/morphine was still the main intoxicant with a frequency of 68% and 48%, respectively. In Iceland, 3 deaths each were due to heroin/morphine and methadone, respectively. Finland differs from other Nordic countries in having a high number of poisonings caused by buprenorphine and very few caused by heroin/morphine. The total number of buprenorphine deaths in Finland doubled from 16 in 2002 to 32 in 2007, where it constituted 25% of deaths. The general toxicological screening program showed widespread multi-drug use in all countries. The median number of drugs per case varied from 3 to 5. The most frequently detected substances were heroin/morphine, methadone, buprenorphine, tramadol, amphetamine, cocaine, tetrahydrocannabinol, benzodiazepines and ethanol.     

高校体育教学中实施创新教育探析

创新是一个民族进步的灵魂,是国家兴旺发达的不竭动力。培养创新人才是现代社会对高等教育的迫切要求,在高校体育教学中实施创新教育是培养创新人才的一个重要方面,因此,要在高校体育教育中实施创新教学,就必须对现行体育教学中存在的问题进行分析,转变教学者的思想观念,实行个性化教育,改革体育教学模式、教学方法和教学评价体系,才能创造生动活泼的教学氛围,建立起民主和谐的师生关系,把高校的体育教学推进到一个新的高度。     

2008年中国法治亮点巡礼

2008年，是中国法治进程稳步推进和稳健发展的一年，也是法治亮点频频闪现的一年。2008年的立法景观依然多姿多彩，科学立法、民主立法继续推进，公民对立法工作的有序参与进一步扩大，已出台的十一届全国人大常委会立法规划值得人们期待。此外，实施不久的《政府信息公开条例》、全面开展的监狱体制改革，以及此起彼伏的问责风暴等都是值得我们关注的法治亮点。     

Trends in Non-Muslim Divorces in Singapore

This article examines the trends and patterns in the way thesecular divorce law has been utilized by couples in Singaporeseeking to end their marriage. Social and demographic featuresof the divorcing couples, as well as the ‘fact’relied on in support of their divorce petitions, are studiedand compared to earlier analyses. It is found that while somepatterns observed by earlier researchers have remained intact,others have changed. This article suggests explanations forthese observed patterns and contributes to the discussion onwhether and how the divorce law can be improved in Singaporeand elsewhere.     

Competence in caring in legal practice

This article is concerned with the stories of female solicitors working in Queensland, Australia, and their account of ethics in practice. These narratives were sought and made in the context of our project investigating complaints received against practitioners in this jurisdiction. Our interviews with female lawyers were intended to provide more insight into complaints matters. Yet this discussion revealed broader insights into ethical questions about the nature of lawyer–client relationships and legal professionalism. This article considers these accounts by reflecting on the concept of ‘care’ and its fit with legal practice requirements today. In doing so, we consider the difficult gendered question of the relationship between caring and ‘women's’ practice. We do not assert a true woman's working style; we seek to contextualise our empirical research by tracing the complex effect of gender on lawyering roles. Finally, we suggest that the adoption of caring practice is a valid approach to lawyering and call for a caring approach to be re-valued in the legal professional context as an ethical proposition.     

Differences in female and male involvement in lethal violence in Russia

Relatively little is known of the distributions of homicide event characteristics in non-Western nations in which women relative to men are involved. This article utilizes unique homicide narratives drawn from Russian court and police records to compare homicide victim, offender, and event characteristics by sex of victim and separately by sex of offender. Results from logistic regression show that homicides in which a female was the victim or offender were more likely to occur between intimates and to occur in the home, whereas homicides involving males were more likely to occur in a public place, to be alcohol-related, to involve a firearm, and to involve a victim and offender who did not know each other well. These results not only present an important first glimpse at women as homicide victims and offenders in Russia specifically, but also provide a point of comparison with findings from similar analyses undertaken in the West, and present further initial observations upon which to construct a cohesive theory about female involvement in serious violent events.     

Evidence of Premeditation in Skin Messages in Suicide

A 34‐year‐old man with manic‐depressive disorder was found dead sitting in a vehicle with a hose running from the exhaust pipe to the cabin. Numerous suicide notes were found inside his house. At autopsy, the decedent was wearing jeans and a long‐sleeved windcheater. Upon removal of his clothes, a series of messages were also found written on the legs and forearm. Death was due to carbon monoxide toxicity with a blood level of carboxyhemoglobin of 84%. Skin messages represent a rare form of suicide note that may suggest that a suicide has not been planned, as the decedent may have used the nearest surface to write on. This case demonstrates, however, that skin messages may be more organized, being written prior to dressing and setting up the fatal episode. They also may compliment other notes and messages.