Genetic analysis of the populations from Northern and Mesopotamian provinces of Argentina by means of 15 autosomal STRs

The allele frequencies for the 15 short tandem repeats included in the Power Plex-16 kit (Promega Corp., Madison, WI, USA) were determined in a sample of 429 unrelated individuals from five provinces of the Northern and Northeastern regions of Argentina. Three Northern provinces including Salta, Formosa and Chaco and two within the region surrounded by the Paraná and Uruguay Rivers commonly known as the Argentine Mesopotamia, including Misiones and Corrientes. Since in this region Entre Ríos Province is also present, previously published results were used for comparison. The calculated parameters: polymorphism information content (PIC); discrimination power (DP); matching probability (MP); typical paternity index (TPI) and power of exclusion (PE) showed Penta E to be the most valuable marker from the studied sample set. All loci met Hardy–Weinberg expectations using the Bonferroni correction for the number of loci analyzed, except D3S1358 in Salta and THO1 in Formosa provinces. Population differentiation test revealed that the Salta population sample data denoted significant differences for various loci when compared with the other province information presented here in, as well as with other published data sets.     

A multivariate statistical approach to for the evaluation of the biogeographical ancestry information from traditional STRs

The capability to achieve biogeographic ancestry (BGA) information from DNA profiles have been largely explored in forensic genetics because of its potential usefulness in providing investigative clues. For law enforcement and security purposes, when genetic data have been obtained from unknown evidence, but no reference samples are available and no hints come out from DNA databases, it would be extremely useful at least to infer the ethno-geographic origin of the stain donor by just examining traditional STRs DNA profiles.Current protocols for ethnic origin estimation using STRs profiles are usually based on Principal Component Analysis approaches and Bayesian methods. The present study provides an alternative approach that involves the use of target multivariate data analysis strategies for estimation of the BGA information from unknown biological traces. A powerful multivariate technique such as Partial Least Squares-Discriminant Analysis (PLS-DA) has been applied on NIST U.S. population datasets containing, for instance, the allele frequencies of African-American, Asian, Caucasian and Hispanic individuals. PLS-DA approach provided robust classifications, yielding high sensitivity and specificity models capable of discriminating the populations on ethnic basis. Finally, a real casework has been examined by extending the developed model to smaller and more geographically-restricted populations involving, for instance, Albanian, Italian and Montenegrian individuals.     

强奸致孕形成部分性葡萄胎的检验分析

目的探讨强奸致孕案葡萄胎组织的DNA检验和STR结果分析。方法用DNA Typer TM15试剂盒对犯罪嫌疑人、受害人血样和流产胚胎组织进行荧光复合STR基因座扩增检测。结果检测的一例流产胚胎组织DNA的STR峰谱表现出部分3条带,且3条带中有两个等位基因来源于犯罪嫌疑人,另外一个来源于受害人,推断为单卵双精子受精的部分性葡萄胎。结论应用STR分型技术可以推断葡萄胎的DNA来源和受精类型,为亲缘关系鉴定提供依据。     

疑案·存案·结案——从春阿氏案看清代疑案了结技术

清末春阿氏杀夫案在司法档案和纪实小说中有着不同版本。刑部、法部和大理院轮番审理,未能查出事实真相。大理院迫于结案的压力,以存案的方式了结了该案。判决书内容含混,而处理疑案的技艺则甚为高超。以疑案及其结案技术为切入点,重新审视并评价皇权下的司法实况,可以观察到司法现实复杂而生动的本来面目。     

Genetic analysis of the populations from Northern and Mesopotamian provinces of Argentina by means of 15 autosomal STRs

The allele frequencies for the 15 short tandem repeats included in the Power Plex-16 kit (Promega Corp., Madison, WI, USA) were determined in a sample of 429 unrelated individuals from five provinces of the Northern and Northeastern regions of Argentina. Three Northern provinces including Salta, Formosa and Chaco and two within the region surrounded by the Paraná and Uruguay Rivers commonly known as the Argentine Mesopotamia, including Misiones and Corrientes. Since in this region Entre Ríos Province is also present, previously published results were used for comparison. The calculated parameters: polymorphism information content (PIC); discrimination power (DP); matching probability (MP); typical paternity index (TPI) and power of exclusion (PE) showed Penta E to be the most valuable marker from the studied sample set. All loci met Hardy-Weinberg expectations using the Bonferroni correction for the number of loci analyzed, except D3S1358 in Salta and THO1 in Formosa provinces. Population differentiation test revealed that the Salta population sample data denoted significant differences for various loci when compared with the other province information presented here in, as well as with other published data sets.     

试析"悬赏办案"的危险性--从"马加爵案"悬赏想到的

由马加爵案的悬赏侦破,引出对最近各地公安机关和法院“悬赏办案”的分析,即从历史、法律、法社会学及法经济学的角度,指出这种“改革”方案的危险性倾向,并提出了建设性建议。     

自侦案件“以事立案”模式论析

检察机关在自侦案件中应当摒弃“以人立案”的做法,并采取“以事立案”的模式,才能符合职务犯罪发案的客观规律,避免初查和侦查工作在衔接关系上的错位,并对自侦工作产生积极的促进效果和作用。要实现从“以人立案”到“以事立案”模式的转变,需要正确处理好立案与破案、立案与撤案和撤案与错案的关系。     

Describing the feasibility of using case management in a specialist forensic substance misuse intervention for UK veterans: a case study

Veterans with mental health problems are a high-risk group for substance misuse difficulties and are over-represented in forensic settings. Yet, there are few substance misuse services available for this population. Evidence suggests that case management can provide effective interventions for veterans with substance misuse problems. However, there is little research to show its effectiveness in the UK. The present study reported on the implementation and preliminary outcomes of the Veterans Forensic Substance Misuses Service (VFSMS), piloted within a prison setting, to demonstrate the feasibility of the service. The VFSMS operated in four stages: Assessing needs, developing case management plans, providing bespoke support and developing discharge plans. Case studies were used to demonstrate this process, with measures of alcohol use and recovery showing outcomes for each case. Findings from three case studies suggested that case management was a feasible approach, with a range of interventions being used, including substance misuse and mental health services, plus housing and employment services. Outcome measures suggested that alcohol and substance misuse recovery improved following the VFSMS intervention. While the scope of the findings is limited, they suggested that case management is a feasible substance misuse intervention, with preliminary findings showing improvements in substance misuse outcomes.     

影响性刑事冤假错案的产生、纠错、追责与民意的关联考察——以22起影响性刑事冤假错案为主要研究范本

民意的影响是冤假错案产生的诱因之一。不理性的民意极易虚构出貌似合理的"案件事实"并以此给司法机关施压。基于民意的压力,司法机关往往更多注重有罪证据,忽视无罪证据。命案必破、限期破案、疑罪从轻等刑事政策、司法理念,都是对民意诉求的顺应,也是促成冤假错案的诱因。民意对影响性冤假错案的纠错有积极意义,但仍应回归法治轨道。样本案件中,民意推进了冤假错案纠错程序的启动、纠错的及时,但没有制度化。民众对司法活动的认知不够理性,对错案追责的民意表达亦非建立在理性认知的基础之上。我国有必要培育理性的民意,形成民意与刑事司法的良性互动。     

Genetic analysis of the Amerindian Kichwas and Afroamerican descendents populations from Ecuador characterised by 15 STR-PCR polymorphisms

Allele frequency data for the 15 STR systems and Amelogenine were determined in a population sample of healthy Amerinidian Kichwas and Blacks individuals. All loci met Hardy–Weinberg expectations and the high discrimination power of combined system showed the forensic efficiency of these genetic markers.     

Implicit judgments of rape cases: an experiment on the determinants and consequences of implicit evaluations in a rape case

Implicit evaluations reflect people’s gut response toward an attitude object and are based on associative processes. They are the starting ground for more reflective processes and subsequent explicit evaluations. The present research examined determinants and consequences of implicit evaluations in a rape case. Situational (i.e. specifics of the rape case) and personal factors (i.e. rape myth acceptance) were demonstrated to influence both explicit and implicit judgments of the rape case. Moreover, sex of participant influenced participants’ implicit evaluations but affected explicit judgments only indirectly via the implicit evaluation. People’s gut response was shown to affect their explicit judgment of the case, and this effect was particularly pronounced for people with a low need for cognition (i.e. people who do not like to engage in effortful processing). The discussion focuses on the role of implicit cognition and implicit biases in judicial decision-making.     

Homicide and serious sexual offences committed by children and young people: Findings from the literature and a serious case review

This article is based on the findings from a Part 8 Case Review (Serious Case Review) conducted by The Bridge Child Care Development Service, and the subsequent overview report entitled ‘Childhood Lost: A Part 8 Case Review Overview Report DM’ (2001). The review concerns the case of a young male aged 18 (DM) who was convicted for the rape and murder of a child aged 11 (WN). The article highlights the key themes that have emerged from the case review. These include the complex issue of predicting and managing risk; effective inter-agency collaboration in reducing the risk of serious sexual and violent offending in young people; and the provision of specialist residential treatment facilities for serious juvenile sexual offenders. The key issues are located within the broader context of contemporary literature and research. It is established that children and young people who commit homicide and other very serious offences are highly likely to have experienced multiple and severe traumatic events during childhood. In addition without appropriate intervention, children with persistent risk characteristics have a high likelihood of committing further acts of aggression and violence. The review into the case of DM recommends that there should be a national strategy for the management and treatment of serious juvenile sexual offenders, and other young offenders at significant risk of serious and violent offending.     

案外人申请再审的主体资格及路径分析

恶意诉讼、诉讼欺诈等诉讼功能异化的产物常常会侵害到案外人的实体权益,在我国尚未完全引入撤销之诉的前提下,以再审程序为依托,赋予案外人对侵害其合法权益的生效裁判、调解书以申请再审的权利是最为直接的事后救济途径,亦是从程序上规制恶意诉讼的有力措施。在民事诉讼法新修订后,我国现阶段实际存在着执行程序中和执行程序外两种案外人申请再审的救济路径,二者适用条件不尽相同,对诉讼欺诈的规制效果亦不同。为实现对程序安定与既判力的维护,对案外人申请再审的主体适格性应适度从严。     

邓玉娇案件与罗克辛的客观归责理论

曾引起全国关注的邓玉娇案件引出了客观归责理论的借鉴问题。邓玉娇案件的基本事实表明,除非存在强奸,该案依我国刑法只能是防卫过当,至多免刑而不能免责。从比较研究的角度,以德国刑法衡量该案,在防卫过当情况下,邓玉娇仍然有机会获得免责无罪的结论。德国刑法第33条是罗克辛教授客观归责理论的具体体现之一。我国引进该理论还存在理念和体系的障碍。     

Determination of postmortem interval by arthropod succession: a case study from the Hawaiian Islands

A postmortem interval of 34 to 36 days was established for remains recovered on the island of Oahu, Hawaii, based on interpretations of patterns of arthropod succession on the remains. This interval was primarily based on the presence of adult specimens of Philonthus longicornis (family Staphylinidae), mature larvae of Piophila casei (family Piophilidae), and empty puparial cases of Chrysomya rufifacies (family Calliphoridae). Species and developmental stages of two additional Coleoptera species and three additional Diptera species were also present, which was consistent with the estimated interval, although not definitive.     

The Doppelgänger phenomenon and death: a peculiar case of homicide by a subject with first-episode psychosis

The Doppelgänger phenomenon refers to the experience of a direct encounter with one’s self, characteriswed by: (i) the perception of a figure with one’s own identical physical features; or (ii) the apprehension that the perceived figure shares the same personality and identity. The Doppelgänger does not only look like the same person, it is his/her double. The perceptual element is usually a hallucination, although occasionally a false perception of an actual figure may be involved. This phenomenon has been described in individuals suffering from overwhelming fear, severe anxiety or intoxication, epilepsy, as well as in the sleep-wakefulness transition. It has also been reported in major psychoses. The fear of imminent death often precedes the Doppelgänger experience. This report presents the case of a 30-year-old man, Mr. Y, who was stabbed to death by Mr. X, his “double”. The aggressor and his victim, although not related, were truly doubles; remarkably, they shared the same name and surname, age, professional activity and place of work. Moreover, they attended the same sports center but barely knew each other. The forensic psychiatric evaluations in Mr. X, subsequent to the crime committed, were suggestive of a psychotic condition. This case is unique in the scientific literature. In the most serious psychotic forms, the issue of the “double” calls into question not only the dissociative processes involved in the etiopathogenesis of the disorder, but also bio-psycho-social elements, as well as personal data in this case, which made the victim and the aggressor “identical”. In the context of psychopathological functioning, the delusional mood (Wahnstimmung) that precedes the development of delirium is a sort of gateway to an impending psychotic illness, involving delusional awareness or mood (atmosphere). In psychosis, splitting is the main issue and this influence is seen as an evil, foreign, apocalyptic and unknown side no longer recognised as belonging to the self even in a physical sense. In such a situation, it is felt that the only way to survive is by suppressing one’s double as a defense against disorganisation of the self.     

An unusual case of sudden unexpected death: postmortem investigation and biomechanical analysis of the cervical spine

A naked man died under peculiar circumstances and the postmortem examination revealed unexpected lesions in the cervical spine. Investigations of the cervical spine (computed tomography, magnetic resonance imaging, and histological examination) showed that a piece of bone was torn of the anterior part of vertebra C6 and that there was fresh bleeding in the surrounding tissue. The cause of death remained unclear but was most likely cardiac arrhythmia initiated by beta-2 agonist inhalation due to an acute asthmatic attack. Data from biomechanical investigation using finite element analysis supported the conclusion that the cervical spine injury was secondary to impact during falling as a consequence of the cardiac arrhythmia.     

肖志军事件的法学追询——公私法关系论题的—个引子

多数学者认为肖志军拒签事件属于极端个案,不能说明法制不健全。其实,该案反映出我们的制度设计存在严重的问题,其要害在于公法规则在医患双方关系中不适当地设定了患者家属的主体地位与决定权。这种规定在理论上造成逻辑悖谬,在实践中不仅不必要,而且可能造成与立法预期相反的效果。在特定条件之下,取消患者家属的决定权,解除对医院紧急救治行为的强制禁止,则类似问题可迎刃而解。肖志军事件中所出现的问题其实是国家出于政策管制的需要而不适当地介入私法关系所导致的后果,它反映出我国公私法关系理论亟待深入研究。     

Mitigation Evidence and the Ethical Role of a Defense Attorney in a Capital Case

In 1972, the U.S. Supreme Court decided Furman v. Georgia. This landmark case changed the death penalty in the United States. In Gregg v. Georgia (1976), the Supreme Court made it clear that mitigating factors were to be heard before sentencing to ensure individualized sentencing. Every defendant has a story, a family, a childhood, trauma, and celebration—a reason their life should be spared from execution. In a capital case, a defense attorney’s ethical role is to craft that story and articulate it in a way that enables the jury to have a complete picture of the defendant’s background and character as they decide his punishment. Mitigating factors are not an excuse for the defendant’s behavior, but rather an insight into who the defendant is and what has shaped his life. A defense attorney’s ethical duty in a capital case is to argue the case on all legal points and to present a thorough investigation of mitigating evidence. A thorough investigation of all such evidence is required by case law and explained by the standards set forth by the ABA guidelines.