Detection of bone and bone-plus-bullet particles in backspatter from close-range shots to heads.

A victim was shot in the head with a 9-mm Smith & Wesson pistol using Winchester Silvertip hollow-point ammunition. Of interest in this case was the distance from the muzzle of the weapon to the victim's head, since the wound characteristics were equivocal for firing distance. Two other handguns (revolvers) were involved in this shooting, in addition to a revolver owned by the victim. The handguns were sampled using tape lifts, and the casings were sampled by washing them in distilled water, followed by vacuum filtration of the washing water through 0.2-microns-pore Nuclepore filters. These materials were examined by scanning electron microscopy/energy-dispersive X-ray analysis. Calcium-phosphorous (bone) particles were detected on the 9-mm Smith & Wesson pistol, on two casings found at the scene, and on one of the revolvers. Two of the calcium-phosphorous particles on the casings had associated bullet fragments. Test shots on live pigs destined for slaughter showed that bone particles are a feature of backspatter from close-range shots to heads. Contamination of nearby surfaces by bone fragments and bone-plus-bullet fragments, as well as other organic debris, appears to be quite heavy.     

Patterned imprint mark due to the folded shoulder stock: A possible finding in contact shots from submachine guns

The muzzle imprint (barrel mark) is a pressure abrasion typically associated with contact shots. Apart from the contours of the actual muzzle profile, other constructional parts such as the front sight and/or the recoil spring guide of semiautomatic pistols may be imprinted next to the bullet entrance wound. In some types of submachine guns the shoulder stock can be folded forward so that its end partly encircles the muzzle. If such a weapon was in contact with the skin at the instant of discharge, a corresponding contusion mark is to be expected. The imprint configuration may point to the type of weapon and to the way in which the gun had been held when firing the shot. The paper presents the injury pattern in a 36-year-old man who committed suicide with a Scorpion SA Vz 61 submachine gun cal. 7.65 mm Browning from former Czechoslovakia.     

A complex study of damages inflicted by traumatic shots from the unstem gun PB-4

Possibilities of a complex study of the damage to the body and clothes caused by shots from non-lethal arms (unstem gun PB-4 from a complex Osa) are illustrated by real expert tasks from forensic medical practice. A combination of experimental shots with emission spectral analysis of the objects of the study and targets is validated for determination of the patron characteristics and composition as well as shooting diastance.     

The migration of fragments of glass from the pockets to the surfaces of clothing

During the last decade or so there has been some discussion in the forensic community in the United Kingdom concerning whether it is necessary to search the pockets for glass particles in garments attributed to suspects arrested for glass breaking crimes. The removal of this practice would help expedite the searching and recovery process since examining only the surfaces of clothing would reduce the cost of recovering glass evidence. However, it is believed by many scientists that some glass fragments originally acquired in pockets can migrate to the surfaces of clothing prior to examination by the forensic scientist. As glass fragments have been encountered in the pockets of garments during examinations of casework items in the LGC Laboratories, the implications of this change in practice needs to be assessed. Hence, the aim of this study was to investigate this possibility that fragments of glass migrate from a pocket of a garment to its surfaces during police and laboratory handling after a person is suspected of breaking glass during an offence. If this occurs to a significant extent then it could affect the evaluation of the glass evidence when using a Bayesian approach. Sixty fragments of glass were seeded into a pocket of a fleece jacket and a pair of denim jeans. Three experiments were performed; one examined a searching, recovery and blanking procedure, another examined the pre-laboratory 'handling' process of an item in an evidence bag, and the third experiment looked at the removal of an object from a pocket laden with glass and subsequent removal and packaging of the garment. Up to two (3.3%) fragments were recovered from the surfaces of the fleece jacket and the denim jeans via the searching, recovery and blanking procedure. Similar numbers were also recovered from the insides of the evidence bags. Up to four (6.7%) fragments were recovered from the surface of the fleece jacket and up to five (8.3%) fragments were recovered from the surface of the denim jeans after pre-laboratory 'handling'. Again similar numbers were recovered from the insides of the evidence bags. Comparable numbers to those from searching/recovery experiments were observed when garments were removed after taking an object from a pocket. In addition, up to two (3.3%) fragments were recovered from the object (a mobile phone). The findings show that some migration can occur particularly in the second experiment and therefore modification of the evaluation strategy may be required.     

The establishment of the features of the blade of a stabbing-cutting weapon by the damages to human skin and to tricot clothing]

Presents forensic medical characteristics of the specific features of stabbed and cut injuries of human skin and jersey. Suggests a complex of signs that will help determine some structural parameters of a knife blade and the conditions of its interaction with the injured site of human body.     

The mechanism of the formation of the bullet-entry gunshot damage to the bones of the cranial vault in shots from the TO3-10 small-bore 5.6-mm-caliber rifle

Data on experimental shots (3 series) from a TO3-10 small-gun that cause lesions of cranial vault bones are presented. It was stated that mechanism of formation of inlet bullet gunshot lesions of cranial vault bones involves several successive stages. Formation of gunshot lesion is affected by elastic bone properties and a "hydrodynamic effect".     

Correction to: Border crossings from Mexico to the U.S. and the role of border homicides

Crime, Law and Social Change -     

建筑物抛掷物侵权制度的理论解析——由三个典型案例引发的思考

近年来,我国建筑物抛掷物侵权案件不断出现,由于缺乏明确的法律依据,导致各法院判决大相径庭.新出台的<侵权责任法>第87条确立了抛掷物侵权制度的一般规则.但该条规定过于笼统,因而理论上的正确解析至关重要.本文认为,基于注重对处于弱势的受害者保护之考量,此类型案件应采用无过错责任之归责原则,采取因果关系推定的方式,确立由可能加害的建筑物使用人承担补偿责任,并明确物业管理人在一定范围内之安全保障责任.     

最高人民法院关于如何确定沿海、内河货物运输赔偿请求权时效期间问题的批复

(2 0 0 1年 5月 2 2日最高人民法院审判委员会第 1 1 76次会议通过 ,自 2 0 0 1年 5月 31日起施行。)浙江省高级人民法院 :你院浙高法〔2 0 0 0〕2 6 7号《关于沿海、内河货物运输赔偿请求权诉讼时效期间如何计算的请示》收悉。经研究 ,答复如下 :根据《中华人民共和国海商法》     

The influence of cleaning agents to the result of abo blood-group determination by the agglutinin-binding test (holzer) at blood stain on articles of clothing (author's transl)]

The blood-group determination in the ABO-system during blood stain testing on articles of clothing is very often affected by various factors. In this research project blood-traces were tested on many different textiles and after treatment of these textiles with some usual washing and cleaning agents by the Agglutinin-binding-test (HOLZER).     

The direct detection and identification of staining dyes from security inks in the presence of other colorants, on currency and fabrics, by laser desorption mass spectrometry

Laser desorption mass spectrometry (LDMS) is useful for the direct desorption and MS analysis of dyes off materials such as paper. Here it is shown that staining dyes, produced by currency degradation devices, such as those used by financial institutions or armored transport companies, can be detected by LDMS. These staining dye packs are commonly used in bank security programs to deter theft or unauthorized removal of currency from teller stations or from ATM cash cassettes. Working automatically, these technologies release a security dye to degrade the surface of the notes and possibly mark the assailant involved in the attack. These dyes can be characterized and identified directly from paper currency, and from fabrics, and uniquely identified in the presence of other dyes that are used in the printing and dying of such materials, by LDMS. In these experiments, no extraction step is required. A pulsed UV laser directly irradiates a paper or fabric sample--colorants are desorbed, ionized and detected using time-of-flight MS. Results shown here suggest that dyes such as Basic Red 1:1 and Basic Violet 11:1 are used in such devices.     

Hair analysis by immunological methods from the beginning to 2000

Immunoassays for hair testing must satisfy three requirements: (1) They must have cross-reactivity with parent drug and lipophilic metabolites actually found in hair (2) they must not experience interference from the dissolved hair matrix and (3) they must be titered for cutoffs appropriate to the drug concentrations found in hair. Because the analytes found in hair after drug use are generally the parent drug or its lipophilic metabolites, immunoassays developed and intended for urine testing are not suitable for hair. Immunoassays whose antibodies are bound to a solid support, such as coated-tube radioimmunoassay or coated-plate ELISA tests, experience less matrix interference than those which use other means of separation of bound and free fractions. Homogenous assays are not suitable for hair testing because the hair matrix frequently interferes in the detection of the signal. Historically radioimmunoassays for drugs of abuse were first used for detecting drugs in hair. Currently ELISAs and coated-plate 96 well microplate EIAs are employed for screening hair digests or extracts for drugs. The optimum cutoffs for immunoassays for drugs in hair should be chosen based on the analyte concentration which produces the fewest false positive or false negative results when applied to tests of hair from known users and non-users of drugs. A hair immunoassay test at these cutoffs should have a sensitivity and specificity of better than 90%. The predictive value of the test will depend on the prevalence of drug use in the tested population. Cutoffs or decision thresholds for immunoassays used for screening for drugs should not be at the limit of detection of the assay because that produces a very large incidence of false positives. Because immunoassays are ligand-binding assays, they have a short range of linearity with low precision at both ends of the range. In the future, immunoassays will continue to be used for screening hair and other matrices for drugs of abuse because they provide rapid, inexpensive automated procedures for separating negative specimens from those which are suspected of containing drugs. For forensic purposes, all positive results must be confirmed by an independent analysis using a procedure based on a different property of the analyte. An immunoassay test should not be confirmed by a second immunoassay test but by a chromatographic test performed on a different dissolved or extracted aliquot of the original specimen.     

Overcoming the challenges posted by technology to traditional copyright law: from Betamax to Grokster

Legal context: Dual use technology, or technology which can be used for bothinfringing and non-infringing uses, raises interesting issuesin the area of copyright law. This note analyses inter aliathe two US Supreme Court decisions on dual use technology, separatedby a gap of over 20 years—Sony v Universal Studios (1984)and MGM v Grokster (2005). Key points: Sony lays down the famous ‘Betamax’ defence—ifthe technology is ‘capable of substantial non-infringinguses’, then it cannot be challenged as infringing. Thistest had stood the test of time, and it is only recently inGrokster that there arose an occasion to reconsider its application.The Court in Grokster, borrowing from the jurisprudence developedin Patent law, recognized a novel test of liability—basedon the active ‘inducement’ to infringe. The flawin Grokster is that despite its attempt to develop new standardsfor a digital age, the ruling leaves areas of uncertainty. Practical significance: Dual use technology has become ubiquitous in this age—fromthe iPod to YouTube to P2P software, all are capable of beingused in lawful as well as unlawful ways. Legal pronouncementshave the potential to impact not just the development of law,but also innovation in technology. Some believe that the ‘brightline’ of Sony has been muddled thereby threatening technologicalinnovation. Others, me included, believe that Sony is inapplicablein the face of new technology, and hail the decision in Groksteras a positive step forward in what it actually decides. However,in what it does not decide, Grokster still represents a lostopportunity by the Court to clear up the muddled waters.     

从一个案例看专利法上的“禁止重复授权”原则

1991年2月7日,舒某向中国国家专利局提出了一项实用新型专利申请,1992年2月26日被授予专利权(即在先实用新型专利,专利号:91211222.0),该专利权于1999年2月8日因权利期限届满而终止。1992年2月22日,舒某提出了另一项发明专利申请,1999年10月13日被公告授权(即在后发明专利,专利号:92106401.2)。2000年12月22日,