刑事审判中实物证据的审查判断及排除

刑事审判中,实物证据以其特有的客观性、稳定性和不可替代性特征而对于案件事实的认定发挥着令人更为信服的证实作用,从而显示出实物证据的证明优势。但实物证据在刑事诉讼证明中,也存在其一定的局限性。对于实物证据的审查,应主要从其客观真实性、证据来源、保管和鉴定过程、与案件事实的关联性、是否全面等方面进行。对于非法实物证据实行有别于言词证据的裁量排除原则,即只有在相关部门不能补正或者作出合理解释的情况下,才对其予以排除。     

Friendship, Identity, and Solidarity. An Approach to Rights in Plant Closing Cases

Abstract. My focus is on the problem of plant closings, which have become increasingly common as the deindustrialization of America has proceeded since the early 1980s. In a well‐known article, Joseph William Singer proposed that workers who sued to keep a plant open in the face of a planned closure might appropriately be regarded as possessing a reliance‐based interest in the plant that merited some protection. I seek to extend this sort of argument in two ways. In the first half of the paper, I point to the way in which “tacit obligation” emerges in friendship between persons in the absence of explicit commitments. Employers and employees are of course not as such friends. But I argue that the development of tacit obligations binding friends provides a useful analogy for understanding the growth of similar tacit obligations binding plant owners to workers and local communities. In the second half, I draw on Margaret Radin's work on property and identity to ground a related argument. I suggest that the potential contribution of plants—and the traditions and networks of relationships they help to create and sustain—to the identities of workers and communities provides reason for at least some legal protection of employee and community interests.     

Vicky,Cristina and Social Exclusion in Barcelona: A Tale of Two Cities

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Barcelona has become one of the most touristic cities in the world, with more than 18 million...     

The analysis of substituted cathinones. Part 3. Synthesis and characterisation of 2,3-methylenedioxy substituted cathinones

The first synthesis of the 2,3-isomers of MDPV, butylone and methylone is reported. The isomers were characterised by (1)H and (13)C NMR spectroscopy and compared to the corresponding 3,4-isomers. A GC method is described which separates the 3,4- and the 2,3-isomers from each other. IR spectra of the 2,3-isomers are also compared with the corresponding 3,4-isomers. Two seized drug samples were analysed by GCMS and the samples were found to contain the 3,4-isomers.     

The analysis of substituted cathinones. Part 1: chemical analysis of 2-, 3- and 4-methylmethcathinone

The ring substituted methyl isomers of methcathinone, 2-, 3- and 4-methylmethcathinone were analysed. The 2- and 3-isomers were synthesized. The 4-methylmethcathinone isomer is also known as mephedrone and has been widely studied. We present GCMS, NMR and IR data for the three isomers. We show that the three isomers can be separated by GCMS and that the IR spectra for the three compounds can be used to distinguish between them. A seized sample was analysed and it was found to contain 4-methylmethcathinone and benzocaine.     

Chemical fingerprinting of gasoline. Part 3. Comparison of unevaporated automotive gasoline samples from Australia and New Zealand

A gas chromatography-mass spectrometry with selected ion monitoring (GC-MS (SIM)) method was used to discriminate samples of unevaporated gasoline collected from Auckland, New Zealand and Sydney, Australia. This method was applied to 28 samples of unevaporated gasoline, covering three different grades (regular unleaded, premium unleaded and premium plus unleaded), that were collected from service stations in Auckland, New Zealand in summer (February) and winter (August). The 14 samples of summer gasoline collected in New Zealand could be divided into seven unique groups. The 14 samples of winter gasoline from New Zealand could be divided into 14 unique groups. The 14 samples collected in New Zealand during February 2002 were then compared to 24 samples of unevaporated gasoline collected from service stations in Sydney, Australia during the same month. Most of the samples could be differentiated based on their country of origin.     

The Alchemists: How the Policies of Brazil and the United States Turned Base Commodities into Black Gold,but at What Cost?

As the world attempts to mitigate climate change by reducing greenhouse gas (GHG) emissions, new energy alternatives are being explored to replace fossil fuels. One major fuel alternative that is subsidized and now comprises 10–15 percent of the fuel stock used for vehicles is biofuels. Despite lower GHG emissions from biofuels, there is still significant environmental degradation that can result from the production and refinement of biofuels, especially given the insufficiency of the water regulatory regime to manage water depletion and degradation that are occurring in the two largest producers of the feedstock for these fuels—the United States and Brazil.     

Opting Out: The Role of Identity,Capital, and Agency in Prison Visitation

An emerging body of research suggests that prison visitation has implications for better understanding inmate institutional and post-release behavior, but not all inmates receive visits. The goal of the current study is to document barriers to visitation from the inmate perspective and describe the perspectives of those who receive very few or no visits. We also describe how inmate perceptions of visits impacts the way one does time and negotiates subsequent visitation. Using data from qualitative interviews, we find evidence that inmates make willful decisions when negotiating prison visits that are guided by one’s sense of self and further colored by the perceived social and economic strain on families. Our results challenge the perception of a universally positive visitation experience, and introduce the role of inmate choice in selecting into and out of prison visits.     

Insect succession and carrion decomposition in selected forests of Central Europe. Part 3: Succession of carrion fauna

The succession of insects on pig carrion was monitored in spring, summer and autumn, in three forest types and 2 years in Western Poland (Central Europe). In most forensically useful taxa, significant differences between seasons, forests and years in time of appearance on carrion were found. The lowest values of appearance time were recorded in summer and the highest in spring. In alder forest insects appeared on carcasses significantly earlier than in pine-oak forest and hornbeam-oak forest. In summer periods of insect presence on carrion were significantly shorter than in spring and autumn. In most taxa no significant effect of forest type or year on length of the presence period was found. In all seasons assemblages of adult taxa were clearly more aggregated than assemblages of larval taxa. Sequence of insects' appearance on carcasses was very similar in different seasons, forests and years. General seasonal models of insect succession on carrion are proposed for forests of Central Europe. Data on appearance time and length of the presence period in particular seasons, forests and years are presented for forensically useful taxa. Implications for methods of PMI estimation (particularly the succession-based method) are discussed.     

Dichroism measurements in forensic fibre examination. Part 2 — Dyed polyamide, wool and silk fibres

A number of dyed polyamide, wool and silk samples were examined with plane polarized light on their dichroic behavior by optical light microscopy (OLM) and microspectrophotometry with plane polarized light (MSP-PPL). It was found that most of these acid dyed peptidic fibres possess dichroism, but these are weaker than the effects previously described for polyester fibres. The small effects may be not observed, especially for wool, but these can be measured using MSP-PPL.In the three peptidic fibre classes, for the first time, a so called “inverse dichroism” is observed which appears in the absorption spectra as a hyperchromic effect.     

The Cultural Defense as Courtroom Drama: The Enactment of Identity, Sameness, and Difference in Criminal Trial Discourse

This article traces cultural defense as a discursive realization-in-context, rather than as a legal-doctrinal figure, in a Belgian real-life criminal trial. In examining the defense plea for a Turkish man accused of battery, three discursive techniques are identified for making Cultural Otherness visible: de-individualization, reporting preparatory meetings with the client, and supplying ethnographic "expert" knowledge that transforms the client into the "object" of discourse. Apart from providing information about the defendant's background, cultural defenses also involve particular modes of behaviorally orienting toward the defendant in the courtroom. Otherness must be enacted in court, and to this end attorneys often actively disaffiliate themselves from their clients, marking them as impenetrable, mute, and unemancipated. In doing so, they draw extensively upon the indexical and iconic modalities of talk, which is convenient because the matrix of sameness and difference on which the cultural defense is founded escapes formal legal definition.