道义制衡观念的背景转换与现代应用

政治权力的制约是政治思想史上众多先哲们高度关注的问题。但是对于如何对政治权力进行制约,古代中国和西方的思想家们有了本质的分歧:中国古代思想家们根据"道高于君"的原则,采用道义制衡君主的绝对至上的政治权力,这种制衡的作用是或然性的,因而它从未根本的发挥过作用。从本质上说,道义制衡并不能真正对政治权力产生强制的约束力,但是它在某种程度上,某些条件下,可以对政治产生积极的协调和软制约作用。本文将尝试着论证当代中国政治权力制约的双重思路,并对传统制衡观念内容的转换和现代应用提出一些管见。     

Evaluation and applicability of Alere iCup DX 14 for rapid postmortem urine drug screening at autopsy

Performing point‐of‐care urine drug screen testing at autopsy by a forensic pathologist may provide an early indication of the presence of analytes of interest during autopsy. An evaluation for the screening of 14 classes of common drugs of abuse in postmortem urine by the point‐of‐care screening device, Alere iCup DX 14, is presented. One hundred ninety postmortem urine samples were screened with the iCup occurring at autopsy by the forensic pathologist. Positive and negative results obtained from the screening kit were evaluated against confirmatory test results obtained using routine forensic toxicology analyses that employed LC‐MS/MS and GC‐MS to detect a combination of over 85 common drugs of abuse and medications. Sensitivity for each respective iCup drug class ranged from 66% (buprenorphine) to 100% (methadone, tricyclic antidepressants). Specificity for each respective iCup drug class ranged from 89% (benzodiazepines) to 100% (amphetamines, barbiturates, buprenorphine, 3,4‐methylenedioxymethamphetamine, methadone). Positive predictive values ranged from 44% (benzodiazepines) to 100% (amphetamines, barbiturates, buprenorphine, methylenedioxymethamphetamine, methadone), while negative predictive values ranged from 96% (methamphetamine) to 100% (barbiturates, methadone, tricyclic antidepressants). A high false‐positive rate was yielded by the benzodiazepine class. The lack of fentanyl screening in the point‐of‐care device is a significant limitation considering its prolific prevalence in forensic casework. The results obtained in the study should be acknowledged when considering the use of the Alere iCup DX 14 in the context of postmortem casework to help indicate potential drug use contemporaneously with autopsy and when requiring such preliminary results prior to the release of a final forensic toxicology report.     

Homicide by unusual‐edged weapons: Forensic considerations of two cases

Homicide by stab wound is common worldwide. However, the use of unusual edged weapons is rarely reported in the forensic literature. Here, we report two cases of homicide involving a Japanese sword, or katana, and a sickle. Both of these weapons can create either stab or incised wounds with some particularities. In our cases, characteristics of the external wounds, internal injuries, and the depth of penetration raised the possibility of an unusual weapon. Meticulous forensic examination of these injuries (morphological characteristics, depth of penetration, trajectories, and cut marks in the bone) may allow the forensic expert to determine the type of weapon used.     

Identification of furosemide in hair in a post‐mortem case by UHPLC‐MS/MS with guidance on interpretation

Testing for drugs in hair raises several difficulties. Among them is the interpretation of the final concentration(s). In a post‐mortem case, analyses revealed the presence of furosemide (12 ng/mL) in femoral blood, although it was not part of the victim's treatment. The prosecutor requested our laboratory to undertake an additional analysis in hair to obtain information about the use of furosemide. A specific method was therefore developed and validated to identify and quantify furosemide in hair by UHPLC‐MS/MS. After decontamination of 30 mg of hair, incubation in acidic condition, extraction with ethyl acetate, the samples were analyzed by UHPLC‐MS/MS. Furosemide was found in the victim's hair at 225 pg/mg. However, it was not possible to interpret this concentration due to the absence of data in the literature. Therefore, the authors performed a controlled study in two parts. In order to establish the basis of interpretation, several volunteers were tested (four after a single 20 mg administration and twenty‐four under daily treatment). The first part indicated that a single dose is not detectable in hair using our method. The second part demonstrated concentrations ranging from 5 to 1110 pg/mg with no correlation between dosage and hair concentrations. The decedent's hair result was interpreted as repeated exposures. In the case of furosemide analysis, hair can provide information about its presence but cannot give information about dosage or frequency of use.     

Characterization and differentiation of aluminum powders used in improvised explosive devices – Part 1: Proof of concept of the utility of particle micromorphometry

Aluminum (Al) powders are commonly used in improvised explosive devices as metallic fuels, a component of explosive mixtures. These powders can be obtained readily from industrial‐scale and consumer products, and produced using unsophisticated “kitchen chemistry” techniques. This research demonstrates the potential of automated particle micromorphometry for comparisons between known source and questioned Al powders recovered from IEDs, as well as for insight into the method of Al powder manufacture. Al powder samples were obtained from legitimate manufacturers, and 56 samples were produced “in‐house” from Al‐containing spray paints and ball‐milled Al foils. Transmitted light microscope images of Al powder particles were acquired using an automated stage with automated z‐focus; 17 size and shape parameters were measured for all particles. Approximately 37,000–2,500,000 particles/sample were analyzed using an open‐source statistical package with customized code. Dimensionality reduction was required for processing the large datasets: eight of the 17 measured variables were selected based on inspection of the correlation matrix. Data from four subsamples from each of the 56 samples produced using “in‐house” methods were analyzed using ANOVA to assess the within‐ and between‐sample variation. High within‐sample variation was noted; however, ANOVA and post‐hoc Tukey's honestly significant difference (HSD) tests demonstrated that the between‐sample variation was substantially larger than the within‐sample variation. Each sample could be differentiated from all other samples in the test set. Future experiments will focus on ways to reduce the within‐sample variation, and additional statistical and microanalytical methods to classify sources and confidently constrain the method of Al powder manufacture.     

Firearm examination: Examiner judgments and computer‐based comparisons

Forensic firearm examination provides the court of law with information about the source of fired cartridge cases. We assessed the validity of source decisions of a computer‐based method and of 73 firearm examiners who compared breechface and firing pin impressions of 48 comparison sets. We also compared the computer‐based method's comparison scores with the examiners' degree‐of‐support judgments and assessed the validity of the latter. The true‐positive rate (sensitivity) and true‐negative rate (specificity) of the computer‐based method (for the comparison of both the breechface and firing pin impressions) were 94.4% and at least 91.7%, respectively. For the examiners, the true‐positive rate was at least 95.3% and the true‐negative rate was at least 86.2%. The validity of the source decisions improved when the evaluations of breechface and firing pin impressions were combined and for the examiners also when the perceived difficulty of the comparison decreased. The examiners were reluctant to provide source decisions for "difficult" comparisons even though their source decisions were mostly correct. The correlation between the computer‐based method's comparison scores and the examiners' degree‐of‐support judgments was low for the same‐source comparisons to negligible for the different‐source comparisons. Combining the outcomes of computer‐based methods with the judgments of examiners could increase the validity of firearm examinations. The examiners' numerical degree‐of‐support judgments for their source decisions were not well‐calibrated and showed clear signs of overconfidence. We suggest studying the merits of performance feedback to calibrate these judgments.     

Bruise dating using deep learning

The bruise dating can have important medicolegal implications in family violence and violence against women cases. However, studies show that the medical specialist has 50% accuracy in classifying a bruise by age, mainly due to the variability of the images and the color of the bruise. This research proposes a model, based on deep convolutional neural networks, for bruise dating using only images, by age ranges, ranging from 0–2 days to 17–30 days, and images of healthy skin. A 2140 experimental bruise photograph dataset was constructed, for which a data capture protocol and a preprocessing procedure are proposed. Similarly, 20 classification models were trained with the Inception V3, Resnet50, MobileNet, and MnasNet architectures, where combinations of learning transfer, cross‐validation, and data augmentation were used. Numerical experiments show that classification models based on MnasNet have better results, reaching 97.00% precision and sensitivity, and 99.50% specificity, exceeding 40% precision reported in the literature. Also, it was observed that the precision of the model decreases with the age of the bruise.     

“善治“:儒家伦理思想的现代治理意义

儒家伦理思想从社会个体入手 ,层层展开 ,由个体推及社会直至国家 ,终极目标在于社会的稳定和谐。把这种从个体到全体渐次推进 ,同时强调各要素之间协调互动的方法论从道德领域引入政治领域 ,不难发现其内在机制与目前西方学者正致力于研究“善治”有契合之处。目前我国社会资本下降 ,导致重重社会危机 ,挖掘儒家伦理思想中深刻的理论资源 ,对于我们消弭这种危机 ,实现社会“善治”有着深刻的方法论意义和资源意义。