A possible source of reference DNA from archived treated adhesive lifters

During the course of a double murder trial, it became apparent that the two adhesive lifters from the two cadavers had been mislabeled before being presented in court. The question was raised whether DNA testing from the biological material remaining attached to the lifters could resolve this mix-up. In fatal shooting cases where a bullet has been fired through a body surface, an adhesive lifter is applied directly to the entrance wound. The total nitrite residues, as well as biological material surrounding the wound (blood, hair, tissue) are transferred to the adhesive lifter. The nitrite residues are used for estimating firing distance. In a worst-case scenario, the biological material on the lifter may be the only remaining reference material from a victim. In this paper, we examined whether the biological material retrieved from adhesive lifters could be used for DNA typing after the lifters had been treated for GSR pattern. In as much as the biological material found on the lifters can be typed and profiled following physical and chemical treatment, we submit that archived adhesive lifters can be used as a future source of reference DNA from cadavers where no other sample is available.     

They Sell Skulls Online?! A Review of Internet Sales of Human Skulls on eBay and the Laws in Place to Restrict Sales

Internet sales of human remains occur despite the existence of laws prohibiting such action in most jurisdictions. The most popular public platform for online sales, eBay, allows users to postskeletal material for sale, largely anonymously and without much fear of legal repercussions. This survey of skeletal sales was conducted 10 years after the first article published about online human remains sales. A review of current laws reveals that, while many states have laws that restrict any sale of human remains, those laws have questionable deterrent effect. Assessing the skeletal material posted for sale provides law enforcement agencies with a necessary starting point to curtail the sale of human remains through enforcement of existing laws. Ultimately, the goal is to stem the commodification of such items and to recover skeletal material, especially that which may be of archaeological or forensic significance, and provide the proper final disposition for such material.     

Sampling--how big a sample?

It is thought that, in a consignment of discrete units, a certain proportion of the units contain illegal material. A sample of the consignment is to be inspected. Various methods for the determination of the sample size are compared. The consignment will be considered as a random sample from some super-population of units, a certain proportion of which contain drugs. For large consignments, a probability distribution, known as the beta distribution, for the proportion of the consignment which contains illegal material is obtained. This distribution is based on prior beliefs about the proportion. Under certain specific conditions the beta distribution gives the same numerical results as an approach based on the binomial distribution. The binomial distribution provides a probability for the number of units in a sample which contain illegal material, conditional on knowing the proportion of the consignment which contains illegal material. This is in contrast to the beta distribution which provides probabilities for the proportion of a consignment which contains illegal material, conditional on knowing the number of units in the sample which contain illegal material. The interpretation when the beta distribution is used is much more intuitively satisfactory. It is also much more flexible in its ability to cater for prior beliefs which may vary given the different circumstances of different crimes. For small consignments, a distribution, known as the beta-binomial distribution, for the number of units in the consignment which are found to contain illegal material, is obtained, based on prior beliefs about the number of units in the consignment which are thought to contain illegal material. As with the beta and binomial distributions for large samples, it is shown that, in certain specific conditions, the beta-binomial and hypergeometric distributions give the same numerical results. However, the beta-binomial distribution, as with the beta distribution, has a more intuitively satisfactory interpretation and greater flexibility. The beta and the beta-binomial distributions provide methods for the determination of the minimum sample size to be taken from a consignment in order to satisfy a certain criterion. The criterion requires the specification of a proportion and a probability.     

Value of DNA evidence in detecting crime

DNA material is now collected routinely from crime scenes for a wide range of offences and the timely processing of the DNA is seen as key to its success in investigating and detecting crime. An analysis of DNA material recovered from the volume crime offences of residential burglary, commercial burglary, and theft of motor vehicle in Northamptonshire, U.K., in 2004 has enabled the DNA to be categorized into seven sources. Further analysis using a logistical regression has revealed a number of predictors, other than timeliness, that greatly influence whether the DNA material recovered from a crime scene enables the crime to be detected. The results indicate that a number of these predictors are of statistical significance and may be just as relevant in determining whether DNA successfully detects the crime as the timeliness of the processing of the DNA material. The most significant predictor was found to be investigating officer accreditation with location, quantity, and type of DNA material at the crime scene also being relevant. Accreditation of the Crime Scene Examiner recovering the DNA material was found not to be significant. Consideration is given to where further emphasis is needed by the U.K. police service to maximize the opportunities to detect volume crime with DNA.     

Children at Risk: Legal and Societal Perceptions of the Potential Threat that the Possession of Child Pornography Poses to Society

This article examines legal and social discourses surrounding the phenomenon of child pornography, considering the legal responses to child pornography (particularly when an individual is found to be in possession of such material), and the way in which such material, the child, and the possessor of child pornography are socially constructed.
The article raises the question of whether there has been a moral panic regarding child pornography and the possession of such material, but also considers whether there are real reasons to consider that the possession of child pornography should remain illegal. Research studies which aim to establish the existence of a causal link between possessing child pornography and the act of committing child sexual abuse are examined, as is the argument that criminalizing the possession of child pornography reduces the market for such material. Finally, there is an analysis of the possible impact of social constructions of the child as innocent.     

视听资料的证据能力及采信规则

视听资料在我国是一种独立的证据种类 ,它对民事案件过程的再现具有其他证据种类无法比拟的特性。但是 ,视听资料本身又包含有易被伪造、篡改的先天不足 ,瑕疵视听资料 (包括非法视听资料 )的证据能力该如何判断 ?视听资料在司法实践中的采信规则该如何把握 ?等问题 ,都是我们要面对且亟待解决的课题。本文主要就视听资料的证据能力及采信规则进行一番探讨 ,以为今后建立视听资料的有关具体制度作一些理论上的准备     

Medical use of byproduct material; policy statement, revision. Nuclear Regulatory Commission. Final policy statement; revision

The Nuclear Regulatory Commission (NRC) is revising its 1979 policy statement on the medical use of byproduct material. These revisions are one component of the Commission's overall program for revising its regulatory framework for medical use, including its regulations that govern the medical use of byproduct material. The overall goals of this program are to focus NRC regulation of medical use on those medical procedures that pose the highest risk and to structure its regulations to be risk-informed and more performance-based, consistent with NRC's "Strategic Plan for Fiscal Year 1997-Fiscal Year 2002." The policy informs NRC licensees, other Federal and State agencies, and the public of the Commission's general intentions in regulating the medical use of byproduct material.     

论劳动教养立法的几个基础性问题——建立我国轻罪处罚制度的理论创新

轻罪处罚制度的不足是我国刑事立法和刑事司法制度中的一个板块性缺损。中国刑事立法犯罪概念的特点决定了中国刑法上的犯罪实际上是严重或较为严重的犯罪 ,而不包括轻罪 ,因此 ,应当以劳动教养立法为契机建立中国的轻罪处罚体系。轻罪处罚法律制度的建立和完善 ,在理论和实践两个方面都面临一系列必须回答的基本问题。这些问题的解决除了需要立法和司法等方面的客观条件外 ,还需要具有根本性意义的理论创新。这就需要从理论上形成和提出问题 ,并给予科学的说明 ,为轻罪处罚制度提供必需的理论支撑。     

Informed Consent: Physician Inexperience is a Material Risk for Patients

This paper examines the case for an expanded interpretation of the concept of "material risk" such that it necessitates voluntary disclosure of physician inexperience with a specific medical procedure. Informed consent law in the United States, Canada, and most commonwealth jurisdictions has become a driver of standards of risk disclosure by physicians during the informed consent process. The legal standard of risk disclosure expected of a physician hinges on the interpretation of the entity called "material risk." Any impairment of the physician related to drug usage, disease, or alcohol which compounds the risk of a procedure is very likely to be considered material by a patient. This paper argues that physician inexperience is a factor that a reasonable patient would attach significance to and that it should therefore be viewed as a "material risk" requiring disclosure.     

PAMAM G7.0的制备及在非渗透性表面手印显现中的应用

目的探索一种非渗透性表面手印显现的新方法。方法根据现有方法合成第七代聚酰胺-胺（PAMAM G7.0）树形分子材料,并使用荧光光谱法对产物进行荧光测试;将合成材料对多种客体表面、不同遗留时间的手印进行显现,并将显现结果与粉末法和传统的荧光染料法进行比对。结果实验表明该荧光材料在365nm光激发下可以发出较强的可见荧光;与粉末法和传统的荧光染料法相比,PAMAM G7.0可以同手印残留物进行高选择性结合,手印纹线与背景之间的反差大。结论PAMAMG7.0可以有效地显出非渗透性客体表面的手印。     

Critical Autopoiesis and the Materiality of Law

Autopoietic theory is increasingly seen as a candidate for a radical theory of law, both in relation to its theoretical credentials and its relevance in terms of new and emerging forms of law. An aspect of the theory that has remained less developed, however, is its material side, and more concretely the theory’s accommodation of bodies, space, objects and their claim to legal agency. The present article reads Luhmann’s theory of autopoietic systems in a radical and material manner, linking it on the one hand to current post-structural theorisations of law and society, and on the other hand extending its ambit to accommodate the influx of material considerations that have been working their way through various other disciplines. The latter comprises both a materialisation of the theory itself and ways of conceptualising the legal system as material through and through. This I do by further developing what I have called Critical Autopoiesis, namely an acentric, topological, post-ecological and posthuman understanding of Luhmann’s theory, that draws on Deleuzian thought, feminist theory, geography, non-representational theory, and new material and object-oriented ontologies. These are combined with some well-rehearsed autopoietic concepts, such as distinction, environment and boundaries; Luhmann’s earlier work on materiality continuum; more recent work on bodies and space; as well as his work on form and medium in relation to art. The article concludes with five suggestions for an understanding of what critical autopoietic materiality might mean for law.     

反倾销法中实质性阻碍问题的合理性探析

实质性阻碍是反倾销法损害认定问题中的一个重要概念,它和实质性损害、实质性损害威胁共同构成反倾销法中的损害要件。实质性阻碍在反倾销法中占有越来越重要的地位。在总体上探讨反倾销法律制度经济和非经济的合理性,并分析其在实质性阻碍标准中的应用,同时也将审查特别适用于实质性阻碍的理论依据。     

Possibility of the species identification using blood stains located on the material evidences and bone fragments with the method of solid phase enzyme immunoassay with "IgG general-EIA-BEST" kit and human immunoglobulin G

The authors give the comparative analysis of Russian and foreign forensic medical methods of species character identification of the blood from the stains on the material evidences and bone fragments. It is shown that for this purpose it is feasible to apply human immunoglobulin G (IgG) and solid phase enzyme immunoassay (EIA) with the kit "IgG general-EIA-BEST". In comparison with the methods used in Russia this method is more sensitive, convenient for objective registration and computer processing. The results of experiments shown that it is possible to use the kit "IgG general-EIA-BEST" in forensic medicine for the species character identification of the blood from the stains on the material evidences and bone fragments.     

The identification investigation of the material evidence of biological origin after multifactorial exposure

The possibility of investigating pieces of material evidence of biological origin after exposure to various factors is evaluated. The possibility of detecting proteins of liquid media of human organism by electrophoresis in polyacrylamide denatured gel is investigated. The method is intended for identification of biological material in a state of grave destruction. Methodology of such studies is proposed. The data indicate that the structural integrity and qualitative composition of the spectrum of main serum proteins are retained after combined exposure to damaging factors and complete destruction of blood cells.     

Consent,commercialisation and benefit-sharing

This article considers two issues in relation to the increasing commercial exploitation of biological materials: first, whether the consent of the individual who is the source of biological material is needed for the material to be used commercially; and secondly, whether the source has any right to share in the profits. Whilst the legal requirement for consent to commercial use is uncertain, the overwhelming view from ethical statements suggests that such consent is appropriate. With regard to profit-sharing, source individuals have no legal right to share in the profits of commercial exploitation of their sample. However, there is support in some ethical statements for benefit-sharing with source individuals and their communities.     

The Relationship Between Deprivation and Forensic Opportunities with Stolen Vehicles

Abstract:  Collection and interpretation of forensic intelligence (primarily through DNA and fingerprint identifications) is an integral part of the investigation of criminal offenses ranging from burglary and vehicle crime to major crime. The forensic contribution depends not only on the successful recovery of material, but also the ability to identify potential offenders and apply this intelligence to solve the crime. This study examines burglary and vehicle crimes investigated by Northamptonshire Police (U.K.) by analyzing relationships between deprivation of a crime location and the recovery and identification of DNA and fingerprint material. The results show that, for stolen vehicles, although significantly more forensic material (both DNA and fingerprints) is recovered and identified in more deprived neighborhoods, this does not lead to a corresponding increase in solved cases. These findings are considered in relation to previous studies, which have advocated the prioritization of resources at crime scenes most likely to yield forensic material.     

The clinical trial research participant as an inside trader: a legal and policy analysis

This Article examines whether a participant in a clinical research trial for a drug obtains material nonpublic information about the drug and its manufacturer or licensor and, if so, whether the participant may lawfully trade securities based on that information. This issue has been noted but not examined in depth in several articles in recent years. After an introduction to the federal law of insider trading and a discussion of relevant aspects of a supervised research trial, the Article concludes that, absent an agreement to the contrary, the participant would be free to trade securities based on any material nonpublic information learned in the trial. The author evaluates the extent to which the information is material and nonpublic and then presents the policy issues surrounding whetherthe participantshould be precluded from trading when in possession of material nonpublic information gained as a result of participation in the trial. While not resolving the competing policy considerations, including the value of allowing participants to make disclosure of their experiences in the trial before publication of the results in a peer reviewed journal, the Article presents an approach for preventing the misuse of material nonpublic information gained in the clinical trial context, by obtaining an agreement from the participant, and an agreement from the limited circle of persons to whom the participant should be allowed to make disclosure in any event (such as his personal physician and family members), that would render any trading by them unlawful under the federal law of insider trading.     

Analyzing conflict severity: Predictions of distributive justice theory for the two-subgroup case

This paper formulates a model of conflict based on the theory of distributive justice. The model begins with a condition we termcleavage: There is a perfect correlation between the distribution of a valued good and a grouping variable such as race, ethnicity, or sex. Cleavage sets the stage for conflict. Two key elements are specified—conflict severity and subgroup effectiveness—and their mathematical representation described. The paper analyzes the special case where the conflict involves two subgroups, and focuses on conflict severity. Analysis identifies several sources of variability in conflict severity: the relative sizes of the two subgroups; whether the advantaged subgroup is the smaller or larger; whether the collectivity values personal attributes (such as noble birth or athletic skill) or instead values material possessions; and the extent and shape of inequality in the distribution of material possessions. Results indicate, among other things, that, in a collectivity which values personal attributes, the smaller is the disadvantaged subgroup, the greater is the conflict severity. In contrast, in a collectivity which values material wealth, the direction of the effect of subgroup relative size on conflict severity depends on the distributional form of the valued material possessions. Results also indicate that, for given subgroup relative size, conflict severity is higher the greater the inequality in the distribution of valued material possessions.     

Forensic biological examination--the reality and perspectives

The point of view of authors on the modern condition and priority directions of the development of examination of biological material evidence is set out. The main idea consists in the necessarily of reorganization and correction of organization methodical base of examination of biological material evidence. The role and place in examination of material evidence of traditional serological and new--molecule genetic components are determined in this direction. It is noted that forensic biology must not ever be associated with only one of its part--serological methods of analysis. Under growing influence of molecule genetic component the semantic, and methodical content of forensic examination of material evidence. This is not already auxiliary differentiation of examination objects but conclusive set of their equality or difference. Thus forensic biological department of forensic medical examination Office must become expert compartments of new type due for complex analysis of material evidence where molecule genetic technologies lie in the centre. All other methodical compartments of forensic biology also will be used but as auxiliary and additional methods. In perspective it is necessary to enlarge and centralize of high-tech forensic molecule genetic laboratories based on common science-methodical approach. Unfavorable outcome of medical aid: study of the problem in forensic medicine practice