. . . [Full Text of this Article]   The factsThe decisionThe ratioAppeals     Nature of security interestContrast title transfer collateral arrangementsMeaning of appropriationThe issue in the case          相似文献   

2.
Conflict from comity     
Goldsworth  John 《Trusts & Trustees》2007,13(10):611
In matrimonial proceedings in England the court decided thata Jersey trust, of which husband and wife were among the beneficiaries,was a post-nuptial settlement. The court made an order underthe  相似文献   

3.
中国北方汉族和南方黎族RHCE基因分型     
Sun ZG  Ding M  Wang BJ  Huang HW 《法医学杂志》2006,22(4):271-274
目的建立应用PCR技术进行RHCE基因分型的方法。方法应用序列特异性引物PCR技术(PCR-SSP)检测200例中国北方汉族、南方黎族个体的RHCE基因型,同时对5例亲子鉴定样品进行检测。结果2个民族个体RHCE基因分型结果与血清学分型结果完全一致;其中中国北方汉族RH基因型频率分布为RHCCEE1例,RHCCEe3例,RHCCee88例,RHCcEE4例,RHCcEe20例,RHCcee54例,RHccEE1例,RHccEe22例,RHccee7例;中国南方黎族RH基因型频率分布为RHCCEE2例,RHCCEe2例,RHCCee106例,RHCcEE7例,RHCcEe62例,RHCcee10例,RHccEE3例,RHccEe8例。亲子鉴定样品RHCE基因型检测结果与13个STR位点联合鉴定结论一致。结论PCR-SSP技术能准确判断中国北方汉族和南方黎族个体的RHCE基因型。  相似文献   

4.
Biomechanical conditions of developing injuries sustained from falling from a height     
Tomilin VV  Korsakov SA  Buniatov MO 《Sudebno-meditsinskaia ekspertiza》2001,44(4):8-11
Evaluation of the height from which human fell from his/her tissue and organ injuries is discussed. The authors of available publications paid the principal attention to estimation of the height from which the victim fell without consideration for the kinetic energy of the body, which depends not only on the height from which the victim fell, but on his/her body weight as well. Primary external and primary internal injuries are distinguished, which are determined by the area of contusion during landing; secondary contact injuries which form during inertial movement of the body after the first contusion, and injuries due to negative acceleration during contusion when landing (so-called signs of total body concussion) are also distinguished. The totality of all listed injuries helps estimate the total kinetic energy at the moment of contusion and determine the height of falling, with due consideration for anthropometric characteristics of the victim.  相似文献   

5.
麦考密克论融贯     
侯学勇 《政法论丛》2008,44(2):90-95
麦考密克对规范性融贯和描述性融贯的区分,启示我们在司法裁判或证立过程中不但要重视规范要素的融贯、而且要重视事实要素的融贯,规范性融贯与描述性融贯密不可分,法律方法领域不应忽视对证据融贯性要求的研究。努力在法律体系内确保价值融贯的原则论证方式,不仅是对司法证立的一种形式要求,而且含有正当性要求,它把司法行为限制在合法范围内,在约束法官判决主观因素的同时,增加了司法行为的机动性。  相似文献   

6.
Sudden death from asthma   总被引:1,自引:0,他引:1  
I Morild  J C Giertsen 《Forensic science international》1989,42(1-2):145-150
Deaths from asthma investigated by the Department of Forensic Medicine, The Gade Institute, University of Bergen during the period 1977-1986 were recorded. There were 11 cases with information in the police report of the use of pressurised bronchodilating aerosols prior to death. Seven of the victims were found with the aerosol in the hand or close by the body. Overdosage due to excessive inhalation were suspected in several of the victims. The possibility of side effects due to overuse is discussed. Other mechanisms of death are also discussed.  相似文献   

7.
Insulation from Labelling     
JEANETTE COVINGTON 《犯罪学》1984,22(4):619-644
Deviants have been shown to vary in their reaction to labeling. Some accept societal rejection and proceed to self-label, while others are seemingly reconciled to their behavior. In this study, 72 heroin addicts in treatment were interviewed to determine their reaction to labeling. It was argued that their acceptance or rejection of labels would be affected by the defense mechanisms that they employed, the degree of formal/informal labelling that they experienced, and their background characteristics. The data were analyzed using multiple regression. Neutralization (externalization of blame) and politicization of the drug problem were found to be effective defenses in minimizing respondent self-rejection. There was also evidence that formal labelling was less severe in certain treatment environments. Those enrolled in the more medicalized treatment programs (methadone maintenance) were less inclined to self-rejection. Finally, black users were found to be better able to resist self-labelling than whites; however, no gender differences emerged.  相似文献   

8.
9.
Geopolitics from the Patriarch     
《Russian Politics and Law》2013,51(1):65-73
The author criticizes the patriarch's address on the "Russian world" as a politicized expression of Russian imperial nationalism inconsistent with the universal ideals of Christianity.  相似文献   

10.
Toxicological Analysis of Opiates from Alternative Matrices Collected from an Exhumed Body          下载免费PDF全文
Marta Cippitelli Ph.D.  Dora Mirtella M.D.  Giovanni Ottaviani Ph.D.  Giovanna Tassoni Ph.D.  Rino Froldi Ch.D.  Mariano Cingolani M.D. 《Journal of forensic sciences》2018,63(2):640-643
In this case study, the body of a 45‐year‐old man was exhumed after 1 year at the request of the public prosecutor to assess whether the death was caused by drug consumption. Toxicological analyses were performed on several matrices, including liver, kidney, and the alternative matrices hair and teeth. The systematic toxicological analysis (STA), which consisted of basic and acid liquid/liquid extraction and gas chromatography–mass spectrometry (GC‐MS) analysis, showed the presence of opiates in each of the matrices analyzed. Subsequently, to confirm and quantify the presence of opioids, samples of each of the matrices were subjected to solid‐phase extraction and specific GC‐MS analysis. The case presented demonstrates the possibility of drug detection in an exhumed body that has been buried for 1 year, despite the problems of quantitative interpretation of the data, and that toxicological results could be useful along with other forensic evidence.  相似文献   

11.
The Fall from Grace     
MICHAEL L. BENSON 《犯罪学》1984,22(4):573-593
The processing of white collar offenders by the criminal justice system has been a subject of much controversy in criminology and criminal justice studies. In particular, debate has centered on whether these offenders are more or less stigmatized by indictment, conviction, and sentencing than ordinary offenders. Utilizing a sample of white collar offenders, the effects of conviction and sentencing on the loss of occupational status by offenders are explored. The data indicate that loss of occupational status, as a nonlegal consequence of conviction, is not spread evenly through the offender population. Professionals and those employed in the public sector or in licensed occupations are much more likely to lose occupational status than private businessmen or those employed by private businesses.  相似文献   

12.
一种针对MongoDB数据库的证据获取方法     
吴淼  倪力舜 《中国司法鉴定》2011,(3):54-55,62
根据MongoDB文件型数据库的特点,提出了一种针对MongoDB文件型数据库的证据获取方法。在研究GridFS文件系统原理的基础上,详细阐述了MongoDB和GirdFS文件系统结构,对MongoDB存放数据的文件进行了分析,进而获取被删除的文件数据。实验结果表明该方法能有效地从MongoDB数据库中获取电子证据。  相似文献   

13.
Single source DNA profile recovery from single cells isolated from skin and fabric from touch DNA mixtures in mock physical assaults     
Katherine Farash  Erin K. Hanson  Jack Ballantyne 《Science & justice》2018,58(3):191-199
The ability to obtain DNA profiles from trace biological evidence is routinely demonstrated with so-called ‘touch DNA evidence’, which is generally perceived to be the result of DNA obtained from shed skin cells transferred from a donor's hands to an object or person during direct physical contact. Current methods for the recovery of trace DNA employ swabs or adhesive tape to sample an area of interest. While of practical utility, such ‘blind-swabbing’ approaches will necessarily co-sample cellular material from the different individuals whose cells are present on the item, even though the individuals' cells are principally located in topographically dispersed, but distinct, locations on the item. Thus the act of swabbing itself artifactually creates some of the DNA mixtures encountered in touch DNA samples. In some instances involving transient contact between an assailant and victim, the victim's DNA may be found in such significant excess as to preclude the detection and typing of the perpetrator's DNA. In order to circumvent the challenges with standard recovery and analysis methods for touch DNA evidence, we reported previously the development of a ‘smart analysis’ single cell recovery and DNA analysis method that results in enhanced genetic analysis of touch DNA evidence. Here we use the smart single cell analysis method to recover probative single source profiles from individual and agglomerated cells from various touched objects and clothing items belonging to known donors. We then use the same approach for the detection of single source male donor DNA in simulated physical contact/assault mixture samples (i.e. male ‘assailant’ grabbing the wrist, neck or clothing from the female ‘victim’, or being in transient contact with bedding from the ‘victim’). DNA profiles attributable to the male or female known donors were obtained from 31% and 35% of the single and agglomerated bio-particles (putative cells) tested. The known male donor ‘assailant’ DNA profile was identified in the cell sampling from every mixture type tested. The results of this work demonstrate the efficacy of an alternative strategy to recover single source perpetrator DNA profiles in physical contact/assault cases involving trace perpetrator/victim cellular admixtures.  相似文献   

14.
Stature estimation from foot dimensions     
Kanchan T  Menezes RG  Moudgil R  Kaur R  Kotian MS  Garg RK 《Forensic science international》2008,179(2-3):241.e1-241.e5
Identification of an individual is the mainstay in forensic investigations. The dimensions of the foot have been used for the determination of sex, age, and stature of an individual. The present study examines the relationship between stature and foot dimensions among Gujjars, a North Indian endogamous group. Stature, foot length and foot breadth of 200 subjects comprising 100 males and 100 females were measured. Statistical analyses indicated that the bilateral variation was insignificant for all the measurements except foot breadth in males (p<0.01). Sex differences were found to be highly significant for all the measurements (p<0.01). Linear and multiple regression equations for stature estimation were calculated using the aforementioned variables and multiplication factors were computed. The correlation coefficients between stature and foot dimensions were found to be positive and statistically highly significant. The highest correlation coefficient between stature and foot length in males and foot breadth in females indicates that the foot length provides the highest reliability and accuracy in estimating stature of an unknown male and foot breadth in a female. Prediction of stature was found to be most accurate by multiple regression analysis.  相似文献   

15.
Suicide by jumping from buildings     
A R Copeland 《The American journal of forensic medicine and pathology》1989,10(4):295-298
A study of 82 suicides during 1982-1986 that were committed by jumping from buildings was performed using the case files of the Office of the Medical Examiner of Metropolitan Dade County in Miami, Florida, U.S.A. The analysis involved the age, race, and sex of the victim along with the results of toxicologic studies and the cause of death. Additionally, the decedent's place of residence, location of the suicide, height of the building, and the reason for the suicide were investigated. Whether or not a note was left by the decedent was also ascertained. The suicidal "jumper" most commonly was a white man who was greater than 60 years of age who died from the resultant multiple injuries. The victim commonly was sober and drug free at the time of the incident. In approximately two-thirds of the cases, the location of the suicide was the victim's residence, which frequently was an apartment or condominium-type dwelling that was seven floors or higher from the ground. The victim often had experienced depression prior to the incident and did not usually leave a suicide note. This article compares the Dade County cases with others that have been studied and discusses the reasons why jumping from a building may have been chosen as the suicidal mechanism.  相似文献   

16.
Accidental death from hydromorphone ingestion     
Meatherall R  Lee C  Phillips S 《Journal of forensic sciences》2011,56(Z1):S271-S274
Abstract: A 15‐year‐old male orally consumed an unknown but fatal amount of sustained release hydromorphone. He was naïve to opioid use. No other drugs or alcohol were involved. The cause of death was acute aspiration‐related bronchopneumonia, secondary to hydromorphone ingestion; the manner of death was accidental. Hydromorphone and hydromorphone‐3‐glucuronide were quantified in postmortem fluids by tandem liquid chromatography–mass spectrometry. The hydromorphone concentrations in the peripheral blood, urine, and vitreous humor were 57, 4460, and 31 ng/mL, respectively. The hydromorphone‐3‐glucuronide concentrations in the corresponding three fluids were 459, 36,400, and 40 ng/mL. Hydromorphone‐3‐glucuronide accumulation probably did not contribute significantly to the opiate toxicity. The proposed minimum lethal hydromorphone blood concentration in the nontolerant user is in the vicinity of 60 ng/mL.  相似文献   

17.
Death from Nitrous Oxide     
Björn Bäckström M.D.  Bengt Johansson M.D.  Ph.D.  Anders Eriksson M.D.  Ph.D. 《Journal of forensic sciences》2015,60(6):1662-1665
Nitrous oxide is an inflammable gas that gives no smell or taste. It has a history of abuse as long as its clinical use, and deaths, although rare, have been reported. We describe two cases of accidental deaths related to voluntary inhalation of nitrous oxide, both found dead with a gas mask covering the face. In an attempt to find an explanation to why the victims did not react properly to oncoming hypoxia, we performed experiments where a test person was allowed to breath in a closed system, with or without nitrous oxide added. Vital signs and gas concentrations as well as subjective symptoms were recorded. The experiments indicated that the explanation to the fact that neither of the descendents had reacted to oncoming hypoxia and hypercapnia was due to the inhalation of nitrous oxide. This study raises the question whether nitrous oxide really should be easily, commercially available.  相似文献   

18.
Decision pathways from crisis     
Alan Jarman  Alexander Kouzmin 《Crime, Law and Social Change》1990,14(4):399-433
Crisis simulation is by definition an exercise in cognitive structuring. It is argued that this automatically entails a search for heuristics and organizational decisions which might render complex, highly interactive social and technological situations comprehensible, hopefully amenable to being programmed and, ultimately, controlled. In this paper, a cognitive analysis is presented of alternative paths available to an organization that is in a crisis state to move away from crisis back to more routine modes of operation. Cognitive mapping of plausible post-crisis decision-paths results in a multi-path scheme that enables one to comprehend, even assess, the erratic development of political and socio-technological events in a post-crisis period. The specific example that is used to illustrate the applicability of such a multi-path scheme concerns the revival of NASA following the Space Shuttle disaster. In contrasting the cognitive opportunities in post-crisis situations with the cognitive failures implicit in pre-crisis settings, the multi-path simulation technique enables a more sophisticated understanding of the dynamics of crisis development.  相似文献   

19.
Fatal hemorrhage from a periumbilical wound: Stabbing or hemorrhage from a caput medusae?     
Francesca Frigiolini MD  Sara Lo Pinto MD  Fiorella Caputo MD  Rosario Barranco MD  Giulio Fraternali Orcioni MD  Alessandro Bonsignore MD  PhD  Francesco Ventura MD  PhD 《Journal of forensic sciences》2021,66(1):393-397
Varices are the main clinical manifestation of portal hypertension, and their bleeding is the predominant cause of mortality from this condition. Periumbilical varices are known as “caput medusae.” Reports of their bleeding are rare, with only three fatal cases described in the literature. The antemortem diagnosis is relatively simple, while the postmortem diagnosis is more complex. This paper is the first report of fatal hemorrhage from a caput medusae for which the diagnosis was made postmortem, thanks to a complete diagnostic process including scene and circumstances, medical history, and autopsy with detailed histology. The circumstantial analysis showed the presence of a large amount of blood at the scene, blood which originated from a small abdominal wound; an analysis of the subject's clinical data reported that he was affected by portal hypertension. The autopsy revealed some dilated and convoluted veins in the subcutaneous tissue of the umbilical region; a fistula between these veins and the abdominal wound was detected. The histological study confirmed the presence of periumbilical varices, one of them ruptured and connected with the overlying skin. The cause of death was attributed to a massive hemorrhage generated by a periumbilical varix in a patient affected by portal hypertension.  相似文献   

20.
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1.
The first 150 words of the full text of this article appear below. Key points
  • The recent decision of the High Court of the BritishVirgin Islands in Alfa v Cukurova has caused a stir among lawyersserving the international financial markets based in London.
  • Thedecision concerns the meaning of ‘appropriation’.Appropriation is a new remedy for collateral takers introducedby the Financial Collateral Arrangements (No. 2) Regulations2003, which implement the Financial Collateral Directive.
  • Thedecision holds that effective appropriation requires the collateraltaker to take over from the collateral giver the ability todeal with the collateral as its own.
  • In Cukurova, where anequitable mortgage was taken over directly held shares, thisrequired that the collateral taker become the registered ownerof the shares.
  • The decision was appealed to the BVI Court ofAppeal in late January 2008 and may go further. In the meantime,this article provides an overview of the decision and considersits wider significance.
 
   1. Introduction    2. Overview of the case    3. Significance of the case    4. Nature of appropriation    5. Indirectly held securities    6. The Financial Collateral Directive regime    7. Interpretation of UK provisions implementing EU legislation    8. Doctrine versus pragmatism
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