日本与联邦德国的犯罪及其控制

<正> 一、比较犯罪学的理论与方法直到不久前,犯罪学仍然是注重犯罪人。犯罪行为的最初原因是从犯罪人反常的个性中看出的。由此人们认为,可以把罪犯安置在改造场所,通过运用教育和治疗的方法来消灭犯罪行为。今天,这种关于犯罪原因和刑事政策的认识仍然受到支持。虽然如果没有犯罪人就没有犯罪学,也没有刑事政策,但是犯罪人不是犯罪原因及其控制所应考虑的唯一因素。应该考虑的因素还包括受害人和社会环境这两个因素,它们各自都对犯罪的发展发生不同的作用,因此它们必须参加对犯罪的控制。犯罪是在社会完善和个人的学习过程中发展起来的,它也只能在这个过程中被消灭。     

A European Public Choice perspective

Invited lecture in honor of Gordon Tullock at the meeting of The Public Choice Society in New Orleans, 15–17 March 1991.     

Validation of Real‐time PCR Assays for Bioforensic Detection of Model Plant Pathogens

The U.S. agricultural sector is vulnerable to intentionally introduced microbial threats because of its wide and open distribution and economic importance. To investigate such events, forensically valid assays for plant pathogen detection are needed. In this work, real‐time PCR assays were developed for three model plant pathogens: Pseudomonas syringae pathovar tomato, Xylella fastidiosa, and Wheat streak mosaic virus. Validation included determination of the linearity and range, limit of detection, sensitivity, specificity, and exclusivity of each assay. Additionally, positive control plasmids, distinguishable from native signature by restriction enzyme digestion, were developed to support forensic application of the assays. Each assay displayed linear amplification of target nucleic acid, detected 100 fg or less of target nucleic acid, and was specific to its target pathogen. Results obtained with these model pathogens provide the framework for development and validation of similar assays for other plant pathogens of high consequence.     

Paternity Testing Commission of the International Society of Forensic Genetics: recommendations on genetic investigations in paternity cases

The International Society for Forensic Genetics (ISFG) has established a Paternity Testing Commission (PTC) with the purpose of formulating international recommendations concerning genetic investigations in paternity testing. The PTC recommends that paternity testing be performed in accordance with the ISO 17025 standards. The ISO 17025 standards are general standards for testing laboratories and the PTC offers explanations and recommendations concerning selected areas of special importance to paternity testing.     

A brief history of the formation of DNA databases in forensic science within Europe

The introduction of DNA analysis to forensic science brought with it a number of choices for analysis, not all of which were compatible. As laboratories throughout Europe were eager to use the new technology different systems became routine in different laboratories and consequently, there was no basis for the exchange of results. A period of co-operation then started in which a nucleus of forensic scientists agreed on an uniform system. This collaboration spread to incorporate most of the established forensic science laboratories in Europe and continued through two major changes in the technology. At each step agreement was reached on which systems to use. From the beginning it was realised that DNA databases would provide the criminal justice systems with an efficient way of crime solving and consequently some local databases were created. It was not until the introduction of the amplification technology linked to the analysis of short tandem repeats that a sufficiently sensitive and robust system was available for the formation of efficient and effective DNA databases. Comprehensive legislation enacted in the UK in 1995 enabled forensic scientists to set up the first national DNA database which would hold both personal DNA profiles together with results obtained from crime scenes. Other countries quickly followed but in some the legislation has severely restricted the amount and type of data which can be retained and, therefore, effectiveness of the databases is limited. The widespread use of commercially produced multiplex kits has produced a situation in which nearly all European laboratories are using compatible systems and there is, therefore, the potential for the introduction of a pan-European DNA database. However, the exchange of results between countries is hampered by the various legislations which currently exist.     

Battlefield Responses to New Technologies: Views from the Ground on Unmanned Aircraft

How do individuals on the battlefield respond to the introduction of new technologies? How will unmanned and increasingly autonomous technologies be received by ground combat personnel? In this paper we explore tactical-level perceptions of one particular technology—armed unmanned aerial vehicles (UAVs)—by conducting a survey experiment of ground fires controllers. Our findings reveal that these personnel have strong behavioral reactions to the introduction of unmanned technology. Especially in situations with high risk to ground troops, we find a strong preference for manned aircraft with implications for the future use of UAVs and human–machine relationships in war. These results suggest the need to incorporate behavioral variables into future studies of military adoption and innovation and indicate that the future adoption of unmanned systems may be just as much about the “warm fuzzy” of trust as confidence in unmanned capabilities.     

Verwaltungsgerichtsbarkeit und Rechtsschutz

Die Verwaltungsgerichtsbarkeit zählt zu einem der zentralen Elemente des Rechtsschutzsystems und damit zum rechtsstaatlichen Gesamtkonzept der Bundesverfassung. Mit der Verwaltungsgerichtsbarkeits-Novelle 2012 wurden die Parameter der Verwaltungsgerichtsbarkeit insoweit grundlegend verschoben, als sich das dualistische Rechtsschutzmodell mit einer Kombination aus Administrativ- und gerichtlichem Rechtsschutz zu einem ausschließlich verwaltungsgerichtlichen Rechtsschutzsystem wandelt und auch die traditionelle Formgebundenheit des Rechtsschutzsystems relativiert wird. Der Beitrag untersucht zentrale Elemente dieses Systemwechsels aus rechtsstaatlicher Perspektive.     

The nexus between science and industry: evidence from faculty inventions

Knowledge transfer from science to industry has been shown to be beneficial for the corporate partner. In order to get a better understanding of the reasons behind these positive effects, this study focuses on the junction of science and industry by comparing characteristics of academic inventions that are transferred to industry and those staying in the public sector. Academic inventions are identified via patent applications of German academic scientists. We find that academic patents assigned to corporations are more likely to enable firms reaping short term rather than, possibly more uncertain, long-run returns, in contrast to patents that stay in the public sector. Firms also strive for academic inventions with a high blocking potential in technology markets. Academic patents issued to corporations appear to reflect less complex inventions as compared to inventions that are patented by the public science sector.     

HIV-1 prevalence in deaths caused by drug overdose in various large cities of West Germany and West Berlin between 1985 and 1988

The development of the HIV-1-prevalence among drug deaths (n = 753) in several German cities (West Berlin, Frankfurt, Munich, Hamburg, Bremen, Cologne and Stuttgart) from 1985 to 1988 was evaluated; in 1988 43% of 674 deceased drug addicts were examined. The regional prevalence rate was between 15 and 25%; only in Berlin 42% of the drug deaths were HIV-infected (cumulated data of all cities over the 4-year-period: 26%). There was no uniform or steady regional development of HIV-1-prevalence in the different cities. The ratio men/women among drug deaths was 3:1. The HIV-1-prevalence among males was 22%, among females 40%. HIV-infected individuals were 2-3 years older than seronegatives. Predictions concerning the trend of prevalence rates are not possible up to now. Continuous monitoring of the HIV-status of drug deaths seems to be a worthful method to evaluate the spread of this disease among the risk group of intravenous drug addicts.