The Impact of Negative Forensic Evidence on Mock Jurors’ Perceptions of a Trial of Drug-Facilitated Sexual Assault

Legal concerns with regard to the adverse impact of a negative toxicological screening for date-rape drugs in a case of drug-facilitated sexual assault (DFSA) were the focus of a recent Canadian case (R. v. Alouache, 2003). To assess the impact of a negative forensic report, as well as the impact of expert testimony explaining the many factors that may contribute to a negative outcome, participants (N=171) received a written trial stimulus in which the forensic evidence (negative report, negative report plus expert testimony, no negative report and no expert testimony control) and the complainant's beverage consumption (alcohol, cola) were systematically varied. Results indicate that a negative finding in the absence of expert testimony produced greater verdict leniency and more favourable evaluations of the defendant's case. In contrast, no differences were found between the case in which the expert testified and a case in which the negative report and expert testimony were omitted.

---

     

公报案例对下级法院同类案件判决的客观影响——以规划行政许可侵犯相邻权争议案件为考察对象

指导性案例的效力问题是我国案例指导制度的核心和难题。本文选取一则公报案例,试图在其与下级法院同类案件判决的关系中认识其效力。在规划行政许可侵犯相邻权争议案件审理中,公报案例采用"行政义务遵守"的审查标准,形成了"合法即不侵权"的论证思路。经过对一组同类案件判决在法规范解释、采用的审查标准和论证思路等方面的分析和比较,可以发现公报案例对于《城市规划法》第32条的适用和解释发生根本转向,并在其后下级法院同类案件判决中被沿用和简化。由此,可以初步推断公报案例所产生的客观影响。它主要表现为判决思路的内容说服力和权威判决的形式说服力。无论指导性案例的效力是否以及如何被规定,这种事实上的影响是客观存在的。这种客观影响的揭示应当通过运用法解释学提取先例性规范并归纳其发展来呈现。判例的研究和竞争将促进法律适用和解释的稳定性和开放性,形式正义和实质正义则可能得以统合实现。     

An unusual case of anesthetic abuse by a full-face gas mask

The authors report a case of sniffing of halothane (Narcotan) by a 32-year-old man, master of pharmacy, through the military full-face gas mask. The liquid halothane had been applied on the scrubber of the gas mask and voluntarily inhaled. The sniffer was found dead in his flat, with the gas mask still fixed and sealed on his face. Because the authors have not encountered any report of such a case in the literature, they present and discuss this case in this article.     

Sudden death from secondary massive pulmonary embolism derived from marrow emboli trapped by Chiari's network.

We report a case of fatal massive pulmonary embolism in an 86-year-old woman. The embolus occurred as a result of embolic bone marrow particles from a fractured femur becoming trapped by a Chiari's network which then acted as a source for propagation of a large thrombus which detached and caused sudden death from massive pulmonary embolism. To our knowledge this is the first report of such a case.     

未成年被告人人身危险性的评估研究——以未成年人社会调查报告的模糊综合评价为视角

未成年人社会调查报告是未成年被告人人身危险性的重要表征,也是审理未成年人刑事案件的重要参考依据。但是由于未成年人社会调查报告本身、法官认定未成年人社会调查报告的心证以及未成年人社会调查报告与人身危险性的相关度等方面存在着模糊性,因此,有必要运用模糊理论综合评价未成年人社会调查报告,以期准确认定未成年被告人的人身危险性的大小。     

Forensic identification of a rapist using unusual evidence.

This case report demonstrates a rape case, where no semen, hair, or fingerprints were left by the perpetrator at the crime scene, but rather uncharacteristic biological and physical evidence in the form of a lollipop and a pair of glasses. Three separate forensic laboratories collaborated using conventional forensic methods of PCR DNA typing, photography, and toolmark comparisons to provide investigators with scientific evidence which in turn was instrumental in bringing a violent criminal to justice. The importance of evaluating each item of evidence and realizing its forensic value is stressed in this case report.     

香港冲突法中的国际间儿童诱拐问题

1980年《国际诱拐儿童民事方面公约》为国际间儿童诱拐问题的解决提供了一个国际方法,该公约在1997年7月1日之后继续适用于香港,并经转化为香港法例第512章《掳拐和管养儿童条例》。对于海牙《国际诱拐儿童民事方面的公约》适用的案件,适用《掳拐和管养儿童条例》;而对于非公约调整的案件,则适用普通法规则。为了海牙《国际诱拐儿童民事方面公约》在香港得以更好地施行,香港法律改革委员会于2002年4月29日作出了《国际性的父母诱拐子女问题报告书》。2009年10月,政府当局对《国际性的父母诱拐子女问题报告书》作出回应。     

An unusual case of double death

The report presents the case of an alleged double homicide or a homicide followed by suicide of a couple, in which the court-ordered autopsy of both victims revealed that the homicide had been committed by the husband immediately before he died himself from cardiac failure. The article gives a short summary of the pathophysiological relations between emotional tension (stress) and physical strain and the effects on the cardiovascular system. The case report describes a homicide by strangulation immediately followed by the perpetuator's death from a natural cause.     

Sudden, unexpected death in a 5-year-old boy with an unusual primary intracranial neoplasm. Ganglioglioma of the medulla

This report documents sudden, unexpected death in a 5-year-old boy from a ganglioglioma of the medulla. Gangliogliomas are rare, primary brain tumors that are encountered predominantly in childhood. We are unaware of any previous report of a similar case.     

A Case of Extreme Sexual Self-Mutilation

Abstract:  We report on a case of extreme sexual self-mutilation in which the subject inflicted severe trauma to his genitalia and then falsely reported a sexual assault. The 30-year-old white male did not report the incident for 10 days and then checked into a hospital. The hospital called the Westminster Police Department after the subject reported that he was the victim of a sexual assault in our city. This case is unusual in that the subject's initial behavior and story did not indicate deception. It was not until the subject's computer was searched that investigators determined that the injuries were self-inflicted. Without this critical information the case might still remain open as a sexual assault. This case is reported to broaden our understanding of this behavior and inform investigators of the potential for this type of self-inflicted injury.     

The cemetery skeleton. An exercise in the identity of skeletal remains

In this brief case report, we describe the several means used in 1982 to identify the skeletal remains of a person who disappeared In August 1964. This report exemplifies the multidisciplinary, cooperative approach required for a successful result in such cases.     

Demonstration of a fatal hemolytic transfusion reaction using immunoperoxidase techniques.

An immunoperoxidase technique coupled with monoclonal antibodies to the ABO blood group antigens was used to document a fatal ABO hemolytic transfusion reaction in a medical examiner's case. A case report with explanation of the technique is presented.     

Prolonged activity after an ultimately fatal gunshot wound to the heart: case report

In this article, we describe an unusual case of suicide involving a gunshot wound to the left ventricle. The victim engaged in premortem activity that was both prolonged and methodical. This report stresses the importance of a complete investigation to distinguish such case from an homicide.     

Suicidal asphyxiation by using pure helium gas: case report, review, and discussion of the influence of the internet

Suffocation by inhaled gases has been reported involving a variety of gases. We report a case of suicidal asphyxiation by forced replacement of oxygen with helium by using a complex homemade mask. In this case, a young woman researched suicide on the Internet and found an advocated method of suicide using helium. To our knowledge, there is only 1 previously reported case of suicidal asphyxia by using helium.     

王书金案件证据分析

王书金案件中，控辩双方对花衬衣的来源、尸体检验报告的准确性和王书金供述的真实性存在争议。根据分析，作为物证的花衬衣未经过鉴真规则的检验；从法医学的角度考察，尸体检验报告中的结论没有充分证据的支持；王书金的供述处于真伪不明的状态。从证明模式的角度分析，王书金案件现有证据无法得出确定结论，但是该案中的证据能够对聂树斌案件的判决结论带来合理怀疑。     

A STR mutation in a heteropaternal twin case.

A heteropaternal male twin case with two men being alleged fathers was investigated as requested by the Court. Up to 37 PCR-based polymorphic DNA systems were studied in this case which was complicated by a paternal ACTBP2 mutation detected in one twin. This is the first report on a STR mutation in a double paternity case where both biological fathers were indisputably identified. The STR systems enable the resolution of these complex genetic relationships even in a case where a mutation in one STR locus was encountered.     

An Unusual Suicide Inside a Grave with Two Gunshot Wounds to the Head—The Psychological Approach

Abstract: In this report, the authors present a case of suicide committed by a 66-year-old man, inside a grave at the local cemetery, with two gunshot wounds to the head. A multiple-paged, handwritten suicide note was found in an army type bag inside the victim’s car, while a second one was found in his house. Medicolegal examination of the body revealed two typical contact gunshot entrance wounds and one exit wound to the head. Toxicological analysis of the femoral blood was negative for alcohol and drugs. The history, scene and autopsy findings, along with further police investigation, indicated an obvious case of suicide. The literature is reviewed and discussed. We report this case as the place of suicide is extremely uncommon and as there is no mention of a gunshot suicide inside a grave in the current literature.     

Motor vehicle accident with complete loss of consciousness due to vasovagal syncope

Vasovagal syncope (VVS) is one of the most common causes of complete or partial loss of consciousness, thus it might cause harm to the patients themselves or innocent bystanders while driving a car. In our case report we introduce the case of a 60-year-old man who was admitted to hospital after a serious motor vehicle accident due to loss of consciousness. We demonstrate the process and results of complete cardiologic and neurological assessment. Our case report illustrates the importance of recognition of patients with a high risk for incapacitating symptoms due to VVS, and the use of head-up tilt-table tests to determine the diagnosis and to guide therapy with beta-blocking agents. As transient loss of consciousness during driving may cause potentially fatal accident, it has to be taken into consideration during decision making for issue of driving licenses to patients with VVS.     

Motor vehicle accident with complete loss of consciousness due to vasovagal syncope

Vasovagal syncope (VVS) is one of the most common causes of complete or partial loss of consciousness, thus it might cause harm to the patients themselves or innocent bystanders while driving a car. In our case report we introduce the case of a 60-year-old man who was admitted to hospital after a serious motor vehicle accident due to loss of consciousness. We demonstrate the process and results of complete cardiologic and neurological assessment. Our case report illustrates the importance of recognition of patients with a high risk for incapacitating symptoms due to VVS, and the use of head-up tilt-table tests to determine the diagnosis and to guide therapy with beta-blocking agents. As transient loss of consciousness during driving may cause potentially fatal accident, it has to be taken into consideration during decision making for issue of driving licenses to patients with VVS.