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1.
《Criminal justice ethics》2012,31(3):262-286
Abstract

In the last 20 years the ruthless competition for natural resources, political instability, armed conflicts, and the terrorist attacks of 9/11 have paved the way for private military and security companies (PMSCs) to operate in areas which were until recently the preserve of the state. PMSCs, less regulated than the toy industry, commit grave human rights violations with impunity. The United Nations has elaborated an international binding instrument to regulate their activities but the opposition of the U.S., U.K., and other Western governments—and from PMSCs, which prefer self-regulation—have prevented any advancement.  相似文献   

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Forensic DNA analysis has the potential to provide useful information for criminal justice even in cases where there is no match, neither between the DNA profile generated from the crime scene and the existing DNA profiles in criminal databases, nor between the DNA collected at a crime scene and potential suspects. In contrast to traditional forensic genetic testing, forensic familial DNA searching does not provide evidence, but helps to generate investigative leads and narrow down the range of potential offenders. The aim of this study is to examine, whether there is a need for special regulation of this topic in Hungary.  相似文献   

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We examined the changes in the early postmortem platelet count in postmortem blood and the reasons for these changes by counting the platelets, by performing in vitro hypostatic tests, by estimating the percentage of erythrocytes by volume in postmortem blood samples, by immunohistochemistry (anti-CD61, anti-fibrinogen), and by immunoelectron microscopy (anti-CD62, anti-CD63, anti-thrombospondin). The apparent initial increase in the platelet count in postmortem blood was found to be caused by hypostatic phenomena. The subsequent discontinuous decrease in the platelet count despite continuing hypostasis in the corpse can be explained in part by postmortem thrombolysis and the development of reversible platelet-platelet aggregates. The main point is, that changes in the postmortem blood environment cause potentially reversible adhesion of platelets to pre-adsorbed fibrinogen on erythrocytes. Thus the decrease in the number of platelets in postmortem blood is not attributable to postmortem clotting but to a decrease in the number of countable platelets in postmortem blood.  相似文献   

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The actual antidoping control rules applied in sports (as established by the International Olympic Committee and the International Sport Federations) state that a positive case is chemically established by the unequivocal detection of a forbidden parent molecule and/or any of its metabolite(s) in urine, no matter the amounts which were administered and when the drug was taken. Screening is accomplished most of the time by using GC-MS procedures. These have been optimized to detect most if not all of the forbidden compounds which are put on a list. Recently, attempts have been made on scalp hair to demonstrate the value of this matrix as a possible means for differentiating between therapeutic use and doping abuse. In particular, GC-mass selective detector and GC-high resolution MS were successfully applied to treated animals and body-builders for anabolic agents (steroids and beta-2-agonists) at high sensitivity detection (low ng/g level). Naturally occurring molecules, like testosterone and its metabolites, could also be differentiated from their synthetic counterparts. Positive cases are more often challenged in courts and retrospectivity in time of the drug(s) intake is becoming an important issue for evaluating the responsibility of the person. This is can be based on hair analyses if the drugs have been taken at regular intervals. Stimulants and narcotics are often used in sports like drug of abuse in the ordinary social contexts. On the other hand, anabolic agents, when taken to improve the physical performances, follow complex regimens with the mixing of various formulas and dosages. Scalp hair references ranges for these as well as for endogenous substances still wait to be established statistically for competing, well-trained athletes. The incorporation rate into blond or gray hair is poorer than that of dark colored hair raising the question of individuals equality against the controls, a very important matter of concern for the sport's governing bodies. The frequency of hair cutting and short hair cuts necessary to gain speed in specific sports like swimming are other critical factors. On the other hands, irregular hair growth, associated with the washout effect through multiple washing and staining processes over expanded time intervals can cause concentrating or diluting effects. So far, a minority of prohibited substances could be detected in scalp hair with the sensitivity and specificity required in the context of the sport's activities. From the above, clear limitations of the usefulness of hair analysis in doping control analysis are obvious until a lot more data relevant to this particular field have been collected.  相似文献   

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China's central bank digital currency (CBDC), digital yuan or e-CNY, is likely to profoundly affect the international financial system. China's CBDC is fast evolving. Understanding the influencing factors of China's CBDC will likely be crucial to explore its future direction. Major influencing factors include (i) China's perception and conception of regulation and technology, (ii) complementarity between China's preferences and CBDC development, (iii) domestic and international legitimacy, and (iv) institutional development. This paper argues that these influencing factors contribute to China's likely approach of selectively reshaping the international financial system. Given the potential wide-ranging implications of the introduction of CBDC globally, China's approach may be significant in the next evolution of money.  相似文献   

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ABSTRACT

The memory misinformation effect consists in the inclusion in witness testimonies of information from sources other than the given event. In the present article, research which aims to make people resistant to misinformation is presented. It is based on reinforced self-affirmation (RSA), a method designed to enhance participants’ self-confidence and therefore make them more willing to rely on their own memories instead of external sources. RSA includes self-affirmation and positive feedback. In the present research, the efficacy of various kinds of positive feedback was explored. The results of Experiment 1 suggested that positive feedback relating to memory (MemRSA) is effective in reducing the misinformation effect, while positive feedback relating to general cognitive ability is not. In Experiment 2, the superiority of MemRSA over inefficient feedback relating to attention was demonstrated. In Experiment 3, MemRSA was again effective, and more effective than inducing convictions about the independence of judgements, but this also reduced the misinformation effect. The results are discussed from the perspective of witnesses who remember the correct information yet rely on external sources due to a lack of confidence in t aforementioned heir memories.  相似文献   

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With the threat of biological war becoming a more and more distinct possibility, there is a growing need for vaccines and cures for diseases. As warfare moves from the battlefield to the laboratory, the military must adapt its tactics in order to preserve national security. At the moment, soldiers consent to the risk associated with combat, but with the changing nature of war, the need may arise for soldiers to put themselves at risk not only through combat, but also through scientific experimentation, in order to produce vaccines or cures and ultimately maintain national security. By allowing soldiers to trade risk on the battlefield with risk in the laboratory, deeper research can be made into diseases and biological agents, and this would therefore lessen the threat of biological war or terrorism.  相似文献   

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An unconscious 8 weeks old infant was admitted to hospital and found to have bilateral, subdural and retinal haemorrhages. He died the following day. The explanation for the subdural haemorrhage put forward by his carers was that the infant had been in a baby-rocker and that the carers had seen the rocker being rocked vigorously by their 14 months old daughter on two separate occasions. This paper describes the biomechanics of an infant model in the particular baby-rocker used and determines the maximum forces generated, comparing them with the 'forces' thought to be compatible with the causation of subdural haemorrhage.  相似文献   

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We examine the academe–industry wage gap. Once self-selection and different personal characteristics of academic and industrial scientists have been taken into account the wage gap narrows from 28 to 13 %. The counterfactual wage faced by an academic scientist increases with time spent on development and decreases with time spent on research. This finding challenges the idea of a solely negative relationship between science and wages. We further find that preferences for science augment the relationship between research orientation and wages. Overall, the results have implications for policy makers that aim to increase development oriented research activities at universities, individual scientists thinking about whether to pursue a career in industry or academe, and managers trying to hire academic scientists.  相似文献   

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Military personnel participating in international operations are often deployed to areas where armed groups inflict violence on civilians. In such instances, soldiers must decide how to respond, effectively becoming executors of the law. This article draws on legal consciousness theory and 33 interviews with Norwegian military officers to explore what soldiers perceive as the ‘law’ and how they make sense of legality in determining what constitutes a just response. It finds that officers are conscious of three sources of legality – a mission mandate, a senior commanding officer, and a personal obligation to humanity – which they stand before, engage with, and struggle against, respectively. In actively drawing on these ideas about justice, the officers create and reproduce order in violent contexts. This article adds to theoretical debates about the different ways in which people invoke the law in difficult circumstances. It contributes empirically to an understanding of why authorized militaries behave inconsistently when encountering violence against civilians.  相似文献   

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In an article entitled ‘Dworkin's Fallacy, Or What thePhilosophy of Language Can't Teach Us about the Law’,I argued that in Law's Empire Ronald Dworkin misderived hisinterpretive theory of law from an implicit interpretive theoryof meaning, thereby committing ‘Dworkin's fallacy’.In his recent book, Justice in Robes, Dworkin denies that hecommitted the fallacy. As evidence he points to the fact thathe considered three theories of law—‘conventionalism’,‘pragmatism’ and ‘law as integrity’—inLaw's Empire. Only the last of these is interpretive, but each,he argues, is compatible with his interpretive theory of meaning,which he describes as the view that ‘the doctrinal conceptof law is an interpretive concept’. In this Reply, I arguethat Dworkin's argument that he does not commit Dworkin's fallacyis itself an example of the fallacy and that Dworkin's fallacypervades Justice in Robes just as much as it did Law's Empire.  相似文献   

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Criminal Law Forum - Witness protection in Australia has, to date, been less than successful in implementation and execution. An ad hoc system of Commonwealth and state/territory witness protection...  相似文献   

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