Responses to Salduz: Procedural Tradition,Change and the Need for Effective Defence

This article examines the responses of national courts to the ECtHR's decision in Salduz v Turkey that suspects be provided with access to a lawyer before they are first interrogated by the police. It argues that harmonious application of human rights standards in criminal proceedings should build upon common values underpinning the procedural traditions of member states. ECtHR success in gaining acceptance for the principle of access to a lawyer during police interrogation, anchoring it in the privilege against incrimination, is contrasted with resistance towards giving the defence any active role during criminal investigations. It is argued that this resistance can be overcome by an appeal to safeguards that have long dominated the trial process. As the investigation phase increasingly determines the outcome of criminal proceedings, standards of fairness traditionally reserved for the trial process should be applied also to this phase in order to provide suspects with an effective defence.     

Classification of Asphyxia: The Need for Standardization

Abstract: The classification of asphyxia and the definitions of subtypes are far from being uniform, varying widely from one textbook to another and from one paper to the next. Unfortunately, similar research designs can lead to totally different results depending on the definitions used. Closely comparable cases are called differently by equally competent forensic pathologists. This study highlights the discrepancies between authors and tries to draw mainstream definitions, to propose a unified system of classification. It is proposed to classify asphyxia in forensic context in four main categories: suffocation, strangulation, mechanical asphyxia, and drowning. Suffocation subdivides in smothering, choking, and confined spaces/entrapment/vitiated atmosphere. Strangulation includes three separate forms: ligature strangulation, hanging, and manual strangulation. As for mechanical asphyxia, it encompasses positional asphyxia as well as traumatic asphyxia. The rationales behind this proposed unified model are discussed.     

Our Baby,Her Choices: The Need for Enforcement of Gestational Surrogate Contracts

Many women in the Unites States have difficulty getting pregnant or carrying a baby to term. As a result, many couples turn to gestational surrogacy. Surrogacy became public in the United States in the late 1970s. In the mid 1980s, disputes began to arise and are still prevalent today. Courts first attempted to resolve these disputes by looking for public policy guidelines. However, the results were inconsistent. Still today, there is no uniform law. Even in states where surrogate contracts are legal, courts have refused to order specific performance to enforce abortion or reduction provisions. However, courts should not shy away from this. This Note proposes a federal statute mandating that gestational surrogate contracts be enforced thus protecting the rights of intended parents.     

Forensic Significance of Gunshot Impact Marks on Inanimate Objects: The Need for Translational Research

Wherever an impact mark is found, either on the surface or on the recovered projectile, it is important for forensic investigators to extract useful information in solving shooting-related cases. This article reviews a collection of works on examination of impact marks upon striking of projectiles on inanimate objects, emphasizing on the retrievable information from a shooting scene and their forensic significance in shooting event reconstruction. Literature suggested that impact marks on target surfaces and the degree of deformation on striking projectiles vary according to different combinations of ammunition and surface materials. It was noted that conditions in real-case scenarios further differed unpredictably in comparison with controlled studies, where forensic investigation should be treated as case-specific basis. Furthermore, the way forensic science is researched and applied operationally has to be reconsidered to reduce the gap via translational approach for more effective use of forensic evidence.     

Understanding the Relationship Between Mental Disorder and Violence: The Need for a Criminological Perspective

This paper offers a criminologically informed framework to guide research on the relationship between mental disorder and violence. Criminological theories examined include social learning, social stress, social control, rational choice, and social disorganization. In addition, the "criminal careers" and "local life circumstance" methodologies are reviewed. It is argued that adopting a criminologically informed framework that takes into account within-person changes over time will contribute greatly to our understanding of the factors that affect violence among people with mental disorder living in the community, and enhance the capacity of research to support effective evidenced-based case management programs aimed at reducing violence.     

The Need for Confidentiality in Evaluative Processes: Arbitration and Med/Arb in Family Law Cases

Arbitration, mediation/arbitration and arbitration/mediation allow parties to resolve their disputes usually more expeditiously, privately and with less cost than going to court. While confidentiality is seen as essential to the mediation process and often included in statutes, confidentiality seems less essential to a more adversarial process. Confidentiality provisions rest at the intersection between privacy and self‐determination and the protection of vulnerable parties in family law disputes. This article explores the importance of confidentiality clauses in drafting arbitration and med/arb or arb/med agreements.     

The Need for an Interdisciplinary Approach in Forensic Sciences: Perspectives from a Peculiar Case of Mummification

The finding of a mummified body raises many problems, also because of the limits of the medico‐legal investigations in case of mummification. Psychological autopsy and behavioral analysis have demonstrated a significant impact in case of equivocal death. The mummified corpse of a woman was found sealed in a wardrobe during the death investigation of a 36‐year‐old man, later discovered to be the woman's son. The woman's corpse was well preserved and no external injuries were found. Autopsy could not ascertain the cause of death. The state of the premises and the writings on the walls offered an opportunity to investigate the man's psychological profile and to better understand how the events might have taken place. The role of an accurate investigative analysis of the crime scene is a cornerstone of forensic pathology and the case presented underlies the importance of an interdisciplinary approach in forensic sciences.     

The Need for a Stronger Definition: Recognizing Abandonment as a form of Elder Abuse Across the United States

Elder abuse is a growing public health problem in the United States and statistics show that each year, hundreds of thousands of elders are abused in some manner. This Note discusses elder abuse while focusing specifically on the occurrence of elder abandonment and how the majority of states do not recognize elder abandonment as a form of elder abuse in their statutes. Moreover, this Note proposes a model statute to be adopted by every state in an effort for elder abandonment to become more widely reported. Elder abandonment is an unfortunate phenomenon and those who contribute to elder abandonment should face criminal liability similar to those abusers who engage in elder neglect or other types of elder abuse. Furthermore, this Note emphasizes that there should be a greater focus on how caregivers can seek assistance in order to prevent elder abuse in the United States.     

论回避制度的根基：信息披露

缺乏相应的信息,当事人意识不到需回避人员回避的必要性,当事人就没有申请回避的理由和依据。没有完善、充实的信息披露制度,回避制度只能处在被＂形骸化＂的窘境中。在我国诉讼中,回避事由信息的发现模式属于偶然发现模式。这使得我国诉讼程序正义处在低水准状态。回避事由信息披露与需回避人员的隐私权保护、司法权威的实现不存在冲突。回避事由信息披露是保障当事人诉讼知情权的应然之举。可以考虑组合使用网络披露、院内披露、文书披露的回避事由信息披露方式,使我国回避制度实在化。     

道路交通事故处理警务模式之完善

我国交通事故处理存在着处理质量不高、公信力不强的情况，其原因在于其警务模式不能适应当前专业化的要求。建立专门的事故处理机构，完善事故认定监督，改进事故处理备勤制度，改善待遇稳定处理人员队伍，引进激励机制促进积极性，完善培训学习制度以图从根本上提高交通事故处理的质量。     

论新时期公安院校形象设计

公安院校形象设计是公安院校寻求广泛社会支持、提高综合竞争力、满足不同社会群体心理诉求的总体规划。设计良好、有特色的高校形象,要在确立办学理念的前提下,通过行为识别系统规范学校运行,通过视觉识别系统提升学校形象,并根据情况分别采用以传播媒介为主、以交际为主、以服务为主、以自我完善为主等不同的模式。     

O'Keeffe v Ireland: The Liability of States for Failure to Provide an Effective System for the Detection and Prevention of Child Sexual Abuse in Education

In O'Keeffe v Ireland, the Grand Chamber of the European Court of Human Rights found that Ireland failed to protect the applicant from sexual abuse suffered as a child in an Irish National School in 1973 and violated her rights under Article 3 (prohibition of inhuman and degrading treatment) and Article 13 (right to an effective remedy) of the European Convention on Human Rights. This note argues that the decision is important in expanding the Court's jurisprudence regarding positive obligations under Article 3 to child sexual abuse in a non‐state setting where there was no knowledge of a ‘real and immediate’ risk to the applicant. It also argues that the case raises concerns about the Court's methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in common law tort regimes.     

公安技术课程163教学模式实践与思考

以工具痕迹学课程为视点,基于导学、实验实训和讨论三模块,构建公安技术课程163教学模式,文章阐述了该模式的设计理念和设计方案。围绕"知识、能力、素质"三方面,作者提出培养学生的学习力、创新力和素质潜力的教育观点。对该模式在教学实践中存在的不足提出了增加图片教学、建立师生交流平台、检查实验设计方案等措施。     

被告人不认罪案件量刑程序的理想模式

被告人不认罪案件的量刑程序如何设计是当前量刑规范化改革试点过程中一个争议较大的问题,在司法理论和实践中有两种不同的模式——相对独立的量刑程序模式和隔离的量刑程序模式。量刑规范化改革的目的在于使量刑过程程序化、公开化,从而实现量刑公正,达到罪责刑相适应的要求。针对被告人不认罪案件,建立理想的量刑程序模式,将定罪程序与量刑程序有效地分隔开来,有利于达到量刑规范化改革的目的。     

The development of a filter model for prioritising suspects in burglary offences

Abstract

This paper discusses the development of a filter model for prioritizing possible links in dwelling burglary. The filters utilize the central aspects of crime scene information that is available and accessible to investigators in burglary, namely geo-spatial, temporal, behavioural, and dwelling information. The proposed filters were analysed using a sample of 215 dwelling burglaries committed by 43 serial burglars (i.e. 5 offences each) in order to determine the sequence in which the filters should be considered in prioritizing possible linked offences. The results indicated that the following order (i.e. better performance to worse performance) was most effective at linking offences, utilizing: (1) geo-spatial information, (2) temporal aspects, (3) behavioural information and, lastly, (4) dwelling characteristics. Specifically, the results indicated that offences in close proximity to one another should be given priority. Further, any offence occurring within a 28-day span before or after the index offence should be given priority. The paper argues that behavioural and dwelling characteristics are less effective for linking than geo-spatial and temporal information because the former two aspects are influenced significantly by situational and contextual cues on offender decision-making.     

The Demand for Cinema in Sweden: An Application of Proportional Odds Model

ABSTRACT

This article examines the determinants of demand for cinema using a randomly drawn sample of the movie-going population in Sweden. A proportional odds model is applied to capture the natural ordering of dependent variables and any inherent nonlinearities. The findings show that individual demand for cinema depends on gender, age, educational attainment, income, marital status, critical reviews, word of mouth, and willingness to pay. The fact that cinema demand is correlated with economic and socio-demographic variables has important implications for theoretical and empirical research in cultural economics and human decision-making processes.     

China's new regulatory regime tailored for the sharing economy: The case of Uber under Chinese local government regulation in comparison to the EU,US, and the UK

Although Uber's arrival in China has resulted in disruptive competition for incumbent taxi companies, it offers an attractive alternative in China's supply-demand-imbalanced urban passenger transport system. China's regulatory regime for Uber has evolved in three stages: from the regulatory vacuum prior to 2015 to its official legalization in 2015–2016, and the enactment of numerous local regulations in 2016, with specific and more demanding requirements for Uber. This policy is a part of the Chinese approach to the gradual liberalization of the urban passenger transport market. Policymakers should consider ‘fair competition’ as the guiding principle to balance the interests of sharing firms and incumbent service providers, as well as between different sharing firms. The core value of this principle lies in the benefits it provides for consumers and the way it engenders a pro-competitive market environment. The labor protection arrangements for sharing firms’ laborers should be more flexible and diversified. In order to recognize whether an Uber-Driver is an employee or independent contractor, a new standard taking into account a range of factors should be established through collective negotiations between the participants of the sharing economy, and dialogues between members of the judiciary, academics, and the policymakers. Further, consumer protection law and personal data protection provisions should apply when sharing firms misuse their distinctive algorithmic management model to compete unfairly to the detriment of consumers and other users. Ex ante regulatory measures designed to protect the personal data of users should be introduced for deployment in the context of the sharing economy. When enforcing these rules, a balance should be struck ensuring free data flow that is essential to sharing firms’ innovation and competition, and the need to ensure the level of data security required to underpin a well-functioning sharing society.     

Striving for a good life: The good lives model applied to released child molesters

Abstract

The good lives model (GLM) is a strengths-based approach to offender rehabilitation in which treatment aims to equip offenders with the skills and resources necessary to satisfy primary goods, or basic human values, in personally meaningful and socially acceptable ways. The aim of the present research was to explore the practical utility of the GLM with a sample of released child molesters, and investigate the relationship between primary goods attainment and overall re-entry conditions (in terms of accommodation, social support and employment). Semi-structured interviews were conducted with 16 child molesters at one, three and six months following their release from prison. As expected, participants endorsed the majority of GLM primary goods with high importance, and positive re-entry experiences were associated with increased goods attainment. Implications for clinicians, policy makers and society as a whole are discussed.