Hyperlinks, circumvention technology and contributory infringement--a precarious tale from German jurisprudence

A person who sets a link referring to a website offering softwarefor circumventing anti-copying technological devices commitsan act of contributory infringement in accordance with the principlesof disturbance liability.     

Linking crime rates to relationship factors: The use of gender-specific data

The present study built on, and extended beyond, Steffensmeier and Haynie's efforts (2000) to understand social control factors at the macro level. It focused especially on gendered relationship factors as predictors of gender-disaggregated arrest rates for serious adult crimes. There are two aspects of social control that function to discourage crime: structural factors and relationship factors. Most previous studies had focused on the former aspect, examining the effects of a locale's structural disadvantages on its gender-disaggregated crime rates. In the present study, the authors addressed the latter aspect, in particular, the kinds of relationship factors built on marriage and employment. The evaluation was conducted using data recorded by the national census, the State of Ohio's Boards of Elections, and the FBI's Uniform Crime Reports for Ohio. The developed negative binomial regression models illustrate the general hypothesis that women and men residing in a common ecological area are not equally subject to relationship factors that help control criminal behavior. Women tend to be affected more strongly by such factors than men are.     

Alteration of the Death Scene After Self‐stabbing: A Case of Sharp Force Suicide Disguised by the Victim as a Homicide?

This paper reports a case of a 72‐year‐old woman who was found dead in her bedroom with a 4 cm vertical stab wound in the abdomen. A bloodstained knife was found in the top drawer of her bedside table. The clothes worn by the victim showed no damage. A bloodstained vest and a sweater with frontal incisions were found far from the victim, in the bathroom and in the bedroom respectively. Several bloodstains were found in every room of the apartment. The evidence found during the forensic examination and, in particular, the Bloodstain Pattern Analysis, led the investigators to determine the manner of death, being consistent with a suicide with a long‐lasting physical activity after self‐stabbing. This report describes an unusual case of “disguised suicide,” in which the victim tried to cover‐up the suicide by changing her clothes and concealing the weapon, in the last minutes of her life.     

Evaluation of the Role of Toxicological Data in Discriminating Between H2S Femoral Blood Concentration Secondary to Lethal poisoning and Endogenous H2S Putrefactive Production

Hydrogen sulfide is a colorless gas and has a strong odor of rotten eggs. It is absorbed by the upper respiratory tract mucosa, and it causes histotoxic hypoxemia and respiratory depression by exerting an inhibitory effect on cytochrome oxidase. To evaluate the role of toxicological data in distinguishing between the H₂S blood concentration secondary to lethal poisoning and the endogenous H₂S produced during putrefaction, we compared the postmortem H₂S concentrations of six fatal H₂S poisoning cases (8.7–28.6 mg/L) with the postmortem concentrations of endogenous H₂S of 12 subjects who died from other causes (traffic‐related deaths) (2.2–32.7 mg/L). These results will be of interest to the forensic community as it underlines the importance of considering circumstantial evidence along with the toxicological and pathological findings in the identification of H₂S lethal poisoning.     

Inequality, Crime and the Floating Population in China

Since the Open and Reform Policy, China has been making great progress toward modernization. A salient phenomenon accompanying economic boom is increased social inequality and crime, and these are destabilizing Chinese society. This paper shows how income and social inequality were socially, structurally and institutionally constructed during the reform period because of a continuation of the pre-reform social strata that deprived peasants of equal access to education, employment, housing, and health care opportunities. The social inequality gives rise to a huge floating population which is socially disorganized and has no attachment, commitment, or involvement in communities. Low external control and strain also led to high crime rates among the floating population.

Community Service Orders in Hong Kong, England, and Wales: twins or cousins

Hong Kong's Community Service Order (CSO) is anchored in the probation service and has not had to face problems related to the cultural divide and professional rivalry between community service and probation staff similar to England and Wales. CSOs in both jurisdictions differ in offenders' minimum age and in seeking offenders' consent and have been rarely used for young offenders. They have widened the net of social control, and there have been difficulties in positioning them in the sentencing tariff. Although retributive penal practices might have crept into Hong Kong after China's takeover in 1997, its CSO has retained rehabilitative elements. In England and Wales, the renaming of CSO as the Community Punishment Order reaffirmed its retributive nature, however the Pathfinder projects have taken it back to its origins as a rehabilitative measure. We suggest that CSOs should move further toward restorative justice by the involvement of victims in the choice of community services.     

Opiate analysis in cadaveric blowfly larvae as an indicator of narcotic intoxication

Specimens of liver were collected from 40 cases in which the cause of death had been determined to be opiate intoxication. Rearings of Calliphora vicina larvae were then promoted on the decomposing liver. A control group of 10 decomposed liver specimens from non-opiate deaths was treated similarly. Analysis of larvae and liver for opiates (morphine) was conducted by radioimmunoassay. Good qualitative and quantitative correlation was observed in both the positive and negative groups. Regression analysis comparing the concentrations of opiates found in the larvae with those found in the liver in the positive group resulted in a correlation of r = 0.790.     

Sequence analysis of STR polymorphisms at locus ACTBP2 in the Taiwanese population

A highly polymorphic sequence structure is reported in the human beta-actin related pseudogene 2 (ACTBP2) (SE33) locus in members of the Taiwanese Han population. A total of 100 unrelated members of the Taiwanese Han population were used in the study. Alleles that shared the same size but differ in their sequence are described to allow for inter laboratory sharing of data. PCR products amplified from this locus were separated by single-strand conformation polymorphism electrophoresis, the single-stranded DNA bands were excised from the gels, a second amplification performed, and then the PCR products were sequenced. All the alleles differed by either 2 or 4 bp. Sequence variations were observed as deletions or insertions in the repeat units AG (or AA) and AAAG. Additionally, transitions in the flanking regions were recorded. A total of 27 alleles with 71 associated genotypes were recorded if the alleles were defined by size, but 68 alleles with 88 associated genotypes were noted with the alleles were scored on the basis of sequence variation. The power of discrimination (Pd) of this single locus was 0.9874 making the human ACTBP2 a good alternative marker for individual identification and paternity testing.