Forensic Application of Analytical Mechanics in Fatal Fall From a Height

Fatal fall from a height initiated with a swinging motion on the sagittal plane of the victim's body is examined. Method of analytical mechanics is adopted to establish the functional relations between the swinging angle of the body and the force needed to sustain the body until release, and the amount of the horizontal displacement that would occur after release. The analysis is applied to support an expert opinion presented in a criminal court in which two accused were convicted of murder for dropping a female victim from a bridge. The results indicate that it is unlikely for the body to locate as recorded by the police investigation report in the case. This study demonstrates that a straightforward mechanical analysis can be utilized to examine uncommon falling scenarios.     

Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

外国刑法中犯罪成立要件的实质化

罪刑法定主义应当是形式与实质的统一,以此为基础的犯罪概念和犯罪成立要件也必然具有形式与实质的内容。不同法系的国家实现犯罪成立要件实质化的途径各有千秋。     

Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK1

There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education.     

South Korea's Faustian Attitude: The Republic of Korea's Decision to Send Troops to Iraq Revisited

South Korea sent troops to Iraq not because of any perceived threat from an Iraqi nuclear programme, but to seek influence over American foreign policy towards North Korea. At no point did the general public support the American invasion and war in Iraq; most South Koreans also opposed sending troops to Iraq. However, the government chose to send first non-combat and later combat troops to Iraq, and the public approved of the former choice and support was growing for the latter. The liberal President Roh Moo-Hyun had to persuade the public on this issue, even in opposition to his core supporters, risking political isolation. What the public and the President aimed at was a peaceful resolution of the North Korean nuclear issue and business opportunities. The national interest that South Korea pursued in sending troops to Iraq was policy influence over the US guarantee not to use military power against North Korea.     

荀子法律观之人性论的逻辑分析

人和人性的问题是社会的根基所在。人性论哲学与社会治理的思路密切关联。战国思想家荀子倡“性恶”和“法治”,开辟古代中国两千年礼法合一传统之先河。其间所存在的逻辑演进关系,为当代关于法治理念的思考提供了绝佳的标本。     

论江泽民对马克思主义中国化的贡献

江泽民“三个代表”重要思想,是马克思主义中国化历史进程中的最新理论成果,是在新的历史条件下对马克思主义的创造性运用和发展。以江泽民为代表的第三代中央领导集体在马克思主义中国化的历史进程中作出了突出贡献:概括总结出马克思主义生命力的不竭动力和理论品质是创新;进一步丰富、深化和发展了党的思想路线,夯实了马克思主义中国化的思想基础;为不断开辟马克思主义中国化的新境界指明了正确方向和途径;以党的建设为切入点来推动马克思主义的发展,在此基础上,提出了“三个代表”重要思想,为马克思主义中国化贡献了新的理论成果。     

论《刑法修正案（六）》对重大劳动安全事故罪的修改

近几年,我国重特大安全事故频发,尤其是煤矿行业的安全生产形势非常严峻,为了更有效地维护生产经营的安全,惩治那些不重视对安全生产设施和安全生产条件进行投入、建设、管理和维护的行为,《刑法修正案(六)》对重大劳动安全事故罪进行了修改,但是修改后的条文在犯罪构成要件的表述上不明确,在司法上不能得到准确适用。因此,有必要对本罪构成要件中的危害行为、主观要件和主体要件进行讨论和分析。     

山东检察研究与检察改革情况报告

一、检察研究总体情况(一)检察研究成效明显近年来,山东省检察研究工作坚持以邓小平理论和“三个代表”重要思想为指导,以建立科学的中国特色社会主义检察理论体系为目标,坚持基础研究和应用研究“两手抓”,立足服务,深入基层,重点围绕党和国家中心工作、围绕检察制度和检察工作面临的重大理论和实践问题,进行了广泛而深入的调查研究,为强化法律监督、完善检察制度、推进检察事业创造了良好的理论环境,检察研究服务大局、服务检察业务、服务领导决策的职能作用得到了充分的发挥。