Establishing paternity using minisatellite DNA probes when the putative father is unavailable for testing

A paternity case involving a putative father who had died a few years earlier in an automobile accident was referred to the laboratory for testing. The child and his mother, the deceased's parents, and nine of the deceased's siblings were available for analysis. As previously reported, paternity testing using red blood cell groups, human leukocyte antigens (HLA), red blood cell enzymes, serum proteins, and immunoglobulin allotypes gave a cumulative paternity index of 43,300 and a combined probability of paternity equal to 99.998%. RFLP analysis using Hinf I and Sau 3A single digests and the minisatellite deoxyribonucleic acid (DNA) probes 15.1.11.4 and 6.3 showed no exclusion of paternity and gave nearly conclusive evidence that the putative father was the biological father of the child.     

Weapon location following suicidal gunshot wounds

The location of the gun following suicidal gunshot wound was studied by reviewing 574 such deaths in which the scene was investigated by a medical examiner investigator and the body was examined at the Bexar County Medical Examiner's Office in San Antonio, Texas. The position of the gun could not be established in 76 cases. In the remaining 498 cases, the gun remained in the deceased's hand in 24% of the cases. In 69% of the cases, the gun was on or near the body but not in the hand (i.e., touching the body or within 30 cm of the body). The gun was found >30 cm from the body in the remaining 7% of cases. In the case of handguns, the gun was found in the hand in 25.7% of individuals. For individuals using long guns, the firearm was in the hand of the decedent in 19.5% of cases. The gun had a greater chance of remaining in the deceased's hand if the person was lying or sitting when the gunshot wound was received. Variables such as gender of the individual, wound location, and caliber of handgun were not significant in predicting whether the gun stayed in the hand after a suicidal gunshot wound.     

国家赔偿能否继续与错案追究挂钩

国家赔偿能否继续与错案追究挂钩,这对于现行《国家赔偿法》的顺利实施有着重要意义。有权威学者认为旧《国家赔偿法》之所以实施得不够理想,一个主要原因就在于国家赔偿与错案追究挂起了钩。但是,自侵权两分法的角度考察这个问题,则会发现权威学者的这个观点并不完全正确。在国家赔偿和错案追究的关系问题上,正确的做法是：有关公职人员无过错的,不应挂钩;有过错的,必须挂钩。     

Vehicle-assisted suicide resulting in complete decapitation

A rare case of vehicle-assisted suicide in a 43-year-old man is presented. The man had tied a rope between a fence and his neck and, while seated on the driver's seat, accelerated the vehicle, which resulted in complete decapitation. Earlier that day, the man had tried to bleed himself to death by bottling his own blood in his flat, thus defining the case as secondary complex suicide.     

Death notification

Death notification--informing the deceased's family of an unexpected death--is a singularly stressful task common to medical personnel, clergy, and police. We surveyed by questionnaire a group of 50 Los Angeles Police Department homicide detectives, 21 of whom were subsequently interviewed by telephone. The detectives stated that their initial apprehension stemmed from feeling unprepared. Identification with victims' families was common and compounded the stress. One prevalent worry concerned the possible reactions of the family upon hearing the news, especially the risk of a violent attack on the police officer. Several coping styles were recognized. Our findings suggest that the repetitive performance of this continuously stressful task may be a prominent and underappreciated contribution to occupational burnout.     

Aqua-eroticum: an unusual autoerotic fatality in a lake involving a home-made diving apparatus

The term Aqua-eroticum was first introduced in 1984 by Sivaloganathan to describe the unusual autoerotic death of a man using submersion as an asphyxia method. This was the first case of that kind, and since then, no other case of autoerotic submersion has been reported, nor other autoerotic fatality in open water. Here we report the case of a 25-year-old man, nude under a home-made plastic body suit, overdressed for the season with winter clothes and restrained by complex bondage. He was submersed, tied underwater to a boat and was using a home-made diving apparatus for air supply. Death was ruled as accidental autoerotic asphyxia from rebreathing, caused by the faulty air-supply device.     

Use of the dead body in healthcare and medical training: mapping and balancing the legal rights and values

By exploring the central legal principles and issues regarding usage of the dead body in healthcare and especially in medical training, this article aims at drawing some general conclusions on the legal status of the dead body and the protection of the deceased's integrity, dignity and autonomy. The article demonstrates that the use of the cadaveric body for scientific and educational purposes involves a redrawing of the traditional boundaries between the decent and the indecent, making these acts acceptable that would otherwise be regarded as assaults on the sanctity of bodily boundaries. This is made possible by the fact that the underlying principle of dignity is not perceived to be of an absolute nature when applicable to deceased persons.     

Intracranial impalement with entrance site in the mandibular region: postmortem elucidation of an accidental fall on a wooden plant stick

A 78-year-old woman with a history of transient ischemic attacks was found in the doorway of her house in a somnolent and unresponsive condition. In the right mandibular region, a small skin wound was localized, which was surgically treated. Six days after admission to the hospital, an exploratory craniotomy was performed because of abnormal CT findings. Apart from tissue lesions and hemorrhages a small bone fragment was detected in the right cerebral cortex, which was removed. After 11 days in hospital, the patient died from failure of central regulatory functions. At the forensic autopsy, a 15 cm long wound track running upward from the skin wound in the right mandibular region through the bony skull base to the right parietal lobe of the brain was noted. Apparently, the surgically removed bone fragment had been displaced from the right middle cranial fossa. The site of the incident in the deceased's house was inspected again and a bamboo pole used to stabilize a potted plant standing on the floor was found and sent to the trace evidence laboratory. Analysis showed blood and tissue deposits from the victim. On the basis of all the findings and the circumstances of the case, a fatal impalement injury caused by an accidental fall could be assumed.     

Unusual results due to transfused blood.

During a murder enquiry, the forensic science investigation used PGM and EAP blood grouping systems and detected a mixture of blood on the deceased's jacket. The blood groups matched those of the deceased and accused. The results of DNA analysis, however, proved that only a single source of DNA, matching the deceased, was present. Supplementary information relating to the transfusion of the individual whilst still wearing his clothing led the authors to conclude that a mixture of transfused blood and the individual's own blood had effused from his body via a stab wound, and onto his clothing.     

后Bilski时代电子商务商业方法专利之因应与挑战

美国法院早期以商业方法属于数学演绎方法为由,将商业方法排除在专利保护之外.受此影响,商业方法在美国一直被认为不应授予专利.后来法院提出如果抽象的商业方法与运用这种方法后发生了某种物理转换或者有形的装置相联系,则应承认其具有可专利性.1998年更是表明只要该项发明能导出“实用、具体、有形之结果”者,仍不失其可专利性,否认了商业方法在美国《专利法》中存在例外.虽然联邦巡回上诉法院在In re Bilski案中,提出美国《专利法》第101条规定的方法发明须符合“机器或转换测试法”,试图限缩商业方法专利的范围,但联邦最高法院在 Bilski v.Kappos案中否认其为审查商业方法专利唯一的判断标准.在迄今为止仍存较大争议的背景下,如果既无技术贡献,亦无技术特征,更未与其实现所必须的计算机设备或计算程序相结合,而仅系解决商业经营的程序、步骤或者流程者,商业方法即应为人类智力活动的规则或方法,属于思想的范畴,而不属于专利权的保护客体.     

An Unusual Method of Suicidal Ligature Strangulation

This article reports a case of suicidal strangulation by ligature of a 51‐year‐old woman with a psychiatric disorder. She had been suffering from depression with a history of previous suicidal attempt. The deceased accomplished self‐strangulation using two ligatures, with one placed above the other and consisting of a satin fabric and a shoelace. The underlying shoelace ligature was fastened by a secure fixed square knot at the back of the neck. The overlying fabric piece was tied with a half‐knot under the chin and was tightened around the neck manually. A detailed investigation and autopsy examination strongly suggests suicide. The case is of interest due to its rarity and uncommon method of execution.     

Intellectual Property Counterfeiting and Piracy – Response of Small Commonwealth Jurisdictions∗

This article provides an analysis of some recent developments relating to Constitutional law in Jamaica, including the legal issues arising from tied elections and the dual nationality of parliamentarians. It also discusses a case relating to the failure to incorporate the United Nations Convention on Transnational Organized Crime (the Palermo Convention). In this case, though the Palermo Convention contemplates investigations by agents of one country on the territory of another for certain crimes, one state party found it was unable to carry out such investigations on the territory of another. Although the latter country, a CARICOM member state, was also a party to the Convention, it had not enacted the required implementing legislation     

Knot‐Tying Habits,Tier Handedness,and Experience*

Abstract: Previous research concerning tier handedness, experience and the configuration of simple, habitual knots has been scant and conflicting. Survey data were collected from 21 disparate groups comprising 562 respondents in total. Regardless of experience, respondents tied both Granny and Reef Knots. Dextral tying was dominated by S knots. Left‐handers tied Z knots more frequently than right‐handers. However, the frequency of S and Z knots relative to tier hand dominance, which is not binary, occurred on a continuum. Averaging all survey tasks, more than 70% of knots tied by dextrals were S, whereas only 56% of those tied by sinistrals were S. These percentages varied somewhat according to specific tying tasks and the number of working ends. Furthermore, tiers’ shoelace and parcel knots were not always identical, and a ranked pattern in parcel and shoelace knots was revealed. The examination of habitual knots could benefit criminal investigations.     

A case of disguised suicide

A case of disguised suicide is presented. A 77-year-old man had made technical arrangements so that the pistol with which he shot himself was thrown aside by the elasticity of a rubber band, to which it was tied, and was thereby hidden. After the shot the man fell and crushed his head, which initially concealed the bullet wound. A scrutinizing technical investigation at the scence of the death with close collaboration between the experts involved, revealed the true circumstances. No explanation for the attempt to conceal the suicide was found.     

继承权本质的法理透视

关于继承权的本质 ,从被继承人的角度观察 ,主要有家族本位说、死后抚养说、意思说、无主财产归属说四种见解。随着社会、经济的发展 ,前两种已无人主张 ,唯有后两种仍有人对其研究 ,而且也践行各国的立法中。但我国继承法基于当时特殊国情的影响 ,遂采纳了死后抚养说 ,由此产生了许多弊端。鉴于此 ,我国现今继承法对继承权本质的理解 ,应确立以意思说为主 ,死后抚养说为辅的理念。     

Decapitation due to early post-mortem canine gnawing

A 53-year-old male was found dead in his home. The deceased's head, almost totally skeletonized, was lying at a distance of about 150 cm from the thorax inlet. The other occupant of the flat was a mongrel sheepdog. The autopsy conducted for the inquest established extensive damage to soft tissue in the head, neck and chest. The second to sixth cervical vertebrae were missing. The seventh cervical vertebra and the right first rib displayed bone lesions. The tissue injuries were attributed in the diagnosis to post-mortem canine gnawing. Cause of death was given as intermittent haemorrhaging of the gastro-intestinal tract from oesophageal varices in a status of hepatic cirrhosis. There was no indication that death had been caused by another party. About two days were estimated to have elapsed since death. Attention is drawn to this doubtless rare instance of total decapitation of the deceased with displacement of the head caused by a dog during the early post-mortem period.     

数据法定继承规则的情境化构建

设置合理的数据法定继承规则至关重要。数据的可继承性不应受到财产性悖论、人格权益论、个人信息保护规则与通信秘密规则的阻碍,但被继承人以遗嘱或在用户协议的菜单式选项中予以排除可能导致数据不可继承。面对弱化的家庭和个性化法律的展望,现行法定继承人范围和顺位规则受到挑战,建议以情感属性较强的数据为“试点”,将“与该数据具备最密切情感联系之人”纳入法定继承人的范围。在数据遗产继承的具体方式上,采取继承人数据使用权限的视角更具实益。可以根据数据的身份重要程度、公开程度、是否涉及第三方隐私等属性,通过调整用户组策略下的数据使用权限设置情境化的数据法定继承规则。     

Postmortem non-invasive virtual autopsy: death by hanging in a car

A body was found behind a car with a noose tied around its neck, the other end of the rope tied to a tree. Apparently the man committed suicide by driving away with the noose tied around his neck and was dragged out of the car through the open hatchback. postmortem multislice-computed tomography (MSCT) and magnetic resonance imaging (MRI) indicated that the cause of death was cerebral hypoxia due to classic strangulation by hanging, and not due to a brainstem lesion because of a hang-man fracture as would be expected in such a dynamic situation. Furthermore, the MRI displayed intramuscular haemorrhage, bleeding into the clavicular insertions of the sternocleidomastoid muscles and subcutaneous neck tissue. We conclude that MSCT and MRI are useful instruments with an increased value compared with 2D radiographs to augment the external findings of bodies when an autopsy is refused. But further postmortem research and comparing validation is needed.     

"Possessedness" and exorcism in the year 1976 (author's transl)]

A 23 year-old woman died as a result of deficient food and liquid intake as well as of physical exhaustion brought about by an unchecked pathological displacement impulse. Finally pneumonia developed in a typical manner. During the previous 9 months exorcism had been carried out a total of 60 to 70 times, the last time being on the eve of her death, to "expel demons" and to heal the "possessed". Summarized the medical diagnosis of "possession" was: Parnoid-hallucinatory psychosis with epilepsy in the background of special psycho-social factors. During the time of influence by the priests who carried out the exorcism all medical treatment was denied. This, it was pointed out by the participants, occurred at the express wish of the "possessed" and also due to the conviction that medical aid would be ineffective. This fateful development took place in a milieu of belief in demons fostered by the priests and uncritical rejection of medico-scientific treatment methods. According to the results of the hearing of witnesses during the now legally valid proceedings ending with the exorcists and the deceased's parents being convicted for accidental homicide a doctor probably also participated in what happend in a reprehensible manner.