放射影像学方法测量活体女性颈椎推算身高

目的测量颈椎高度建立四川汉族女性人群的身高推算方程，为法医学个人识别提供帮助。方法应用计算机X线摄影放射学方法，在209例四川汉族女性颈椎CR片上测量C3～C7椎体高度，并准确测量身高。按年龄是否大于45岁进行分组，对各颈椎的测量数据与身高进行线性回归分析，建立颈椎推算身高的回归方程。结果共建立一元回归方程36个，多元回归方程12个，所有回归方程经线性回归模型假设检验，均有统计学意义（P〈0．05）。所建立的回归方程的复相关系数（r）在0．628～0．280范围内，回归方程的标准误在4．03～5．03cm范围内。结论本研究所建立的回归方程，可用于四川汉族女性颈椎的身高推算。     

刑事缺席审判：价值平衡中的制度建构

刑事缺席审判制度涉及多种价值的冲突与平衡。在被告人不愿出庭的情况下,缺席审判对司法正义并无实质影响,相反有助于诉讼经济的实现。但缺席审判必须限定在法定较小的范围内,同时要保障被告人的选择权、知情权、向法庭陈述权和律师帮助权等。     

Substance use disorders in forensic psychiatry: differences among different types of offenders

This is the first study that compared different types of offenders in forensic outpatient treatment (i.e., offenders of general violence [GV], intimate partner violence [IPV], sex crimes, and "other offenses" such as drug smuggling and property crimes) regarding the prevalence of substance use disorders at the time of the offense. In total, 35.8% of participants (n = 187) were diagnosed with any substance use disorder. Specifically, 61.5% of GV perpetrators, 30.9% of IPV perpetrators, 9.1% of sex offenders, and 26.7% of "other offenders" were diagnosed with substance abuse or dependence. More GV offenders and less sex offenders fulfilled diagnostic criteria for a substance use disorder. Furthermore, 29.9% of the offenders were intoxicated by substances at the moment they committed the offense (48.5% of GV perpetrators, 25.0% of IPV perpetrators, 17.4% of sex offenders, and 21.0% of other offenders). More GV perpetrators were intoxicated during the offense. As there is a clear association between substance abuse and criminal behavior, substance abuse in offenders should be assessed and, if present, be treated.     

A comparison of sexual coercion experiences reported by men and women in prison

Comparisons were made between self-reports from 382 men and 51 women who had experienced sexual coercion while incarcerated. Victim data were obtained from a sample of 1,788 male inmates and 263 female inmates who responded to an anonymous written survey distributed in 10 midwestern prisons. Men reported that their perpetrators in worst-case incidents were inmates (72%), staff (8%), or inmates and staff collaborating (12%). Women reported that their perpetrators were inmates (47%) and staff (41%). Greater percentages of men (70%) than women (29%) reported that their incident resulted in oral, vaginal, or anal sex. More men (54%) than women (28%) reported an incident that was classified as rape. Men and women were similar in feeling depression; however, more men (37%) than women (11%) reported suicidal thoughts and suicide attempts (19% for men, 4% for women). Implications of results for prevention of sexual coercion in prison are discussed.     

Uncertainty in Widmark calculations: ABV variation in packaged versions of the most popular beers in the UK

Forensic practitioners regularly use the Widmark equation to determine theoretical blood alcohol concentrations for use in cases involving alcohol. It is important with these calculations to determine the uncertainty associated with any result. Previous work has investigated the uncertainty in percent alcohol by volume (%ABV) from beers produced by small independent breweries in the UK but did not study the top selling beers in the UK. The top selling lagers and ales/bitters in the UK were identified by sales volume and the %ABV determined. These data was then used to determine the percent coefficient of variation (%CV) that should be used by forensic practitioners when constructing alcohol technical defence reports for use in forensic cases. These samples, from what may be described as ‘big’ brewers, were determined to have a smaller root mean square error (RMSE) (±0.1%v/v, n?=?35), and %CV than those previously reported for beers produced by small, independent breweries in the UK. The results from this study shows that different RMSE's should be used for %ABV when determining the uncertainty of results from Widmark calculations depending if the drinks consumed have been from either ‘big’ brewers or small, independent breweries.     

民主创建和谐:党内和谐的制度资源分析

党内和谐是任何现代政党有效发挥其政治、社会功能的基本前提,对于负有特殊历史使命的中国共产党则更为重要。作为运作中国政治的主导和轴心力量,确保党内和谐事关党的执政能力和执政地位,党内和谐是中国共产党有效执政的重要保障。在政党现代化的历史过程中,党内民主是完善民主集中制、处理好党内基本关系、增强党的生机与活力的关键,是构建党内和谐的基础性制度资源。在转型中国的特定历史条件下,发展党内民主是构建党内和谐的基本途径,发展党内民主、实现党内和谐的核心任务和关键环节则是实现党内民主制度化。     

Recent developments in the patentability of software in the UK

Over the past few months there has been renewed debate at the UK Intellectual Property Office (“UK IPO”) and in the UK courts over whether computer programs can be considered patentable inventions. In particular, concern persists that the UK authorities and the European Patent Office (“EPO”) are applying different tests for the patentability of computer software, even though they are applying the same legislation. This article reviews the positions taken by the UK and the EPO tribunals, and how these impact upon businesses wishing to patent inventions encompassed in software.     

Gender-related differences in the pharmacokinetics of opiates

Previous studies have documented gender-related differences in a number of aspects of the pharmacology of opiates, including their analgesic activity, stimulative properties and generation of physical dependence. The current experiments were carried out with the aim to examine whether male–female differences exist in the blood and brain levels of opiates attained after their intraperitoneal injection to male and female Wistar rats. The tests were performed 5, 15, 45 and 120 min after the animal treatment with seized heroin. Gas chromatography–mass spectrometry (GC–MS) method was developed to quantitatively determine opiate alkaloids in blood and brain regions (known for their high concentration of μ-opiate receptors): cortex, brainstem, amygdala and basal ganglia. Maximal contents of opiates in blood of animals of both genders were found in the second measurement time (15 min), the values measured in the males being significantly higher, which suggests a faster passage of the opiates from blood to brain tissue in female animals. The highest content of opiates in the brain tissue of female animals was measured 15 min and with male animals 45 min after the treatment, which also indicates faster distribution of opiates from blood to brain in the female compared to male rats. The highest proportion of opiates was found in the basal ganglia of the animals of both genders. The obtained results offer the possibility of selecting this part of the brain tissue of both males and females as a representative sample for identifying and assessing contents of opiates.     

Sex differences in the likelihood of arrest

Using data from the new National Incident-Based Reporting System (NIBRS), this study analyzed the impact of a criminal offender's sex on the likelihood of arrest for 555,752 incidents of kidnapping, forcible rape, forcible fondling, robbery, aggravated assault, simple assault, and intimidation in nineteen states and the District of Columbia during 2000. The data used in this study advanced the literature by enabling the authors to determine the likelihood of arrest for males and females based on sex-specific offending as reported by crime victims. Controlling for offense seriousness and a variety of other factors, logistic regression results showed that the probability of arrest for females was 28 percent lower for kidnapping, 48 percent lower for forcible fondling, 9 percent lower for simple assault, and 27 percent lower for intimidation than for males. A supplemental analysis also revealed that Black females had a higher probability of arrest than did White females for aggravated and simple assault. No discernable impact of an offender's sex on the prospect of arrest was noted for the crimes of forcible rape and robbery. Overall, these findings suggest that the lower arrest rate for females is partly the result of leniency shown women by law enforcement personnel.     

“陷阱取证”在计算机软件侵权案件中的应用

“陷阱取证”是主要用于刑事案件的一种侦查方式 ,又称为“侦查陷阱”、“警察圈套”。在对一些特殊刑事案件的侦查中 ,如犯罪行为具有组织性、隐蔽性、甚至无被害人的情况下 ,包括贩毒、行贿、组织卖淫、伪造货币等案件 ,侦查人员为了获取犯罪嫌疑人犯罪的证据或线索、抓获犯罪嫌疑人而隐瞒身份 ,利诱或暗示被侦查对象实施犯罪行为的一种特殊侦查手段或方法。“陷阱取证”主要包括两种形式 :一是机会提供型取证 ,是指被侦查对象已有犯罪意图 ,侦查圈套只是使这种犯罪意图或倾向暴露出来或只是促使其实施具体的犯罪行为 ;二是犯意诱惑型取证…     

The use of the term "obesity" in deaths reported to coroners in Australia

There is growing government awareness of the increasing incidence of obesity in the Australian community and its potential impact on health policy issues. This column considers the appropriateness of the WHO definition of the term "obesity" and analyses its use by Australian forensic pathologists and coroners as a cause of death in "medical cause of death" statements. While families may have concerns about the use of this term in reference to a deceased family member, the use of "obesity" in medical cause of death statements could have considerable influence on coroners' recommendations with regard to health policy in this area.     

Variation of the amide I and amide II peak absorbance ratio in human hair as measured by Fourier transform infrared spectroscopy

Human scalp hair samples were examined by Fourier transform infrared spectroscopy and the ratio of the amide I to amide II band absorbances was determined. The effects of hair oxidation, color, age of sample, and sex of source were examined. Scalp hair from 98 individuals was also analyzed. While there were differences in the amide absorption band ratios, these were difficult to relate to the individualization of the hair samples and did not appear to have a sufficient discriminatory value for routine forensic use.     

解决中国社会性骚扰问题的制度性制约因素——一个法律视角的分析

最近,我国关于人格权保护的一个焦点问题就是性骚扰的问题,这一社会问题在中国呈演烈之势,性骚扰案也被评为2003年中国十大要案之一。本文分析几起典型案件的审理经纬,结合学者的观点,参考国外有关立法的规定,谈谈性骚扰问题困扰中国法律的几个因素,以期对从法律角度推动这一问     

Normalization of residual ions after removal of the base peak in electron impact mass spectrometry

The mass spectra of compounds that produce limited detail under electron impact conditions may yield useful data for identification purposes when further examined. Through the mathematical removal of the base peak, previously noninformative ions become discriminating and useful for identification. In this work we show that this process of base peak removal and the re-normalizing of the remaining ions is reproducible under a variety of conditions and can be valuable for compound identification.     

论刑法中违法性的概念与体系性功能

刑法中的违法性是指,行为符合刑法规定的情况无法根据整体法律制度而得到具有正确性的评价.犯罪的成立,不仅必须符合行为构成,而且必须具备整体法律制度所否定的错误性.中国刑法理论应当借鉴并采纳违法性的概念,以不存在错误性作为出罪的根据.     

论我国未成年人前科消灭制度的构建

未成年人是一个特殊的群体,对未成年人的保护一直为社会所广泛关注。我国《刑法》关于前科报告制度的规定毫无例外地适用于未成年人,对于那些刚刚步入社会的年轻人来说,如果因曾经的犯罪行为而背负一生难以摆脱的“罪犯”标签,其负面影响之深远不容忽视。《中华人民共和国刑法修正案（八）》关于未成年人免除前科报告义务的规定为未成年人前科消灭制度的构建打开了一个缺口,引发我们关于建立未成年人前科消灭制度的深入思考。     

Gender differences in the effects of prison on recidivism

Purpose

This study examines gender differences in the effectiveness of prison in reducing recidivism.

Methods

Using data on released male and female prisoners, we apply a propensity score matching methodology to compare the effects of prison on recidivism versus three counterfactual conditions—jail, intensive probation, and probation.

Results

The analyses indicated that a prison term, as compared to placement on intensive probation or traditional probation, is associated with a greater likelihood of property and drug recidivism. There was little evidence that recidivism was greater when compared to jail, that prison increased the likelihood of violent or other recidivism, or that the criminogenic effect of prison is appreciably greater for females or males.

Conclusions

The findings do not support arguments that prison is an effective alternative to non-incarcerative punishments or that it exerts a differential effect on females or males. Further research is needed on what features of the prison experience contribute to the observed effects.     

Sex differences in the experience of child sexual victimization

This study analyzed 390 (303 girls and 87 boys) cases of child sexual abuse to understand sex differences in child sexual victimization. Analyses focused on three domains that have received considerable empirical attention: victims' relationships with the offender, type and extent of abuse, and disclosure. Findings largely replicated previous efforts that reported sex differences in terms of victims' relationships with offenders. Although results also replicated previous findings about sex differences in disclosure patterns, these sex differences were minor in comparison with similarities in the way most instances of abuse were eventually identified. In terms of type and extent of abuse, results were the opposite of previous findings: girls, not boys, were the victims of more physical injury, violent threats, and use of force; and girls, not boys, were more likely to have physically resisted abuse. Divergences in findings were interpreted in terms of memory biases and social forces operating differently on the sexes.