德日两大犯罪论体系比较研究

面对犯罪的国际化,需要各国的刑法学、刑事制度进行更多的交流和共建.各国刑法、刑法学都是以其特定的历史、社会、文化为背景而展现出特殊性与活力,但犯罪所具有的基本性质却能够成为各国刑法学进行交流的基础.在进行比较刑法学研究过程中,不能将视野局限在刑法条文和刑法学框架之中,而要将不同刑法和刑法学归属其中的整个法制度和社会制度甚至文化背景,都要作为比较和考察的对象.日本刑法学虽然表面上和德国刑法学类似,但实际上无论是在对新旧刑法学的融合方面,还是在受到美国法制影响方面,其所具有的独特性共同形成了日本刑法及刑法学的现状.     

Charred body: virtual autopsy with multi-slice computed tomography and magnetic resonance imaging

The correct examination of a charred body is a forensic challenge. Examination, interpretation, and conclusion in respect to identification, vital reactions, toxicological analysis, and determining cause and manner of death are all more difficult than without burns. To evaluate what can be seen in the case of a charred body, we made an examination with the new radiological modalities of cross-section techniques, via multi-slice Computed Tomography (MSCT) and Magnetic Resonance Imaging (MRI), prior to performing the classical forensic autopsy. In a charred body case of a single motor vehicle/fixed object collision with a post crash fire, the radiological methods of MSCT and MRI made it possible to document the injuries caused by burn as well as the forensic relevant vital reactions (air embolism and blood aspiration). In conclusion, we think postmortem imaging is a good forensic visualization tool with a great potential for the forensic documentation and examination of charred bodies.     

Retrograde blood aspiration: a vital reaction

Blood aspiration, which is based on an intact breathing activity, is one of the forensically most important vital reactions. On the example of 11 forensic cases it is shown that the aspiration of blood into the lung tissue is possible not only when the bleeding source is situated above the trachea or main bronchi, but also in a retrograde way, taking its origin from an injury of the peripheral lung tissue itself. Equally to 'classical' blood aspiration, the findings of retrograde blood aspiration are to be diagnosed by means of macroscopical and histological examination of the lung tissue. The lung tissue presents with roundish, reddish spots, which are situated close to, but separate from a lung contusion or other lung tissue injury, and microscopical examination reveals blood in the alveoli and the bronchioli. Retrograde blood aspiration may be a helpful vital sign in the forensic assessment of thorax trauma cases where no other vital reactions are present.     

Blood-spatter patterns: hands hold clues for the forensic reconstruction of the sequence of events

Biologic and nonbiologic traces on the hands are of particular importance for the forensic reconstruction of shooting incidents; gunpowder residue analysis in particular helps determine whether the gunshot is close range or distant. In crime scene investigation, knowledge about the morphology of bloodstain patterns-including gunshot-related back spatter-has increased since various experimental examinations have been performed in the last years; nowadays, these traces are frequently used for forensic crime scene reconstruction. The goal of this study was to deduce the position and orientation of the hands, and therefore the firearm, according to the bloodstain patterns on the hands of the deceased. For this purpose blood-spatter stains on the hands were examined on site in 5 suicides caused by gunshot. In all cases, forensically relevant conclusions regarding forensic reconstruction were enabled through close examination of the spatter marks. Therefore, in shooting incidents, analysis and documentation of blood-spatter findings on the hands is recommended before hands are tested for gunpowder residue or wrapped for the transport of the body.     

Development and Validation of a Military Integrity Attitude Scale

Few empirical studies have investigated the issue of integrity in the military. This may be due, in part, to the lack of good measurement instruments. This study addressed this problem by developing a military integrity attitude scale (MIAS). Three studies were conducted to develop and validate the MIAS. A large sample size (N?=?2375) was used in an exploratory and confirmatory factor analysis, and the results revealed the stable and good fit of the factor structure, while also demonstrating the scale’s good internal consistency, content validity, criterion-related validity, and discriminant validity. In addition, the MIAS was also shown to be able to effectively distinguish anti-corruption personnel and soldiers in the military; hence, it has good contrast group validity. The implications for future research are also discussed.

     

Political Ideology,Political Party,and Support for Greater Federal Spending on Environmental Protection in the United States: Evidence from the General Social Surveys, 1993–2018

This paper focuses on the effects of political ideology and party affiliation on support for more government spending on environmental protection. Pooled‐sample results show that Liberals (Democrats) are more likely to support higher government spending on environmental protection than Moderates (Independents), who, in turn, are more likely to support higher spending levels than Conservatives (Republicans). The results persist even when we control for respondents' opinions concerning whether the federal government, in general, does too little or too much. When stratifying by party, ideological divisions generally narrow, while stratifying by ideology leads to slightly wider divisions between Democrats and Republicans. Together, these results suggest that when Liberals and Conservatives form opinions about government spending on the environment, party affiliation, to some degree, dampens the effects of ideology. Between 2014 and 2018 the probability of supporting more environmental spending increased, albeit slightly, for all ideologies and parties, but more so for Liberals and Democrats.     

Shedder status—An analysis over time and assessment of various contributing factors

The shedder status of a person is an important consideration when evaluating probabilities of DNA transfer during activity-level assessments. As an extension of our previously published study, the shedder statuses of 38 individuals were reassessed 1 year later. The study found that shedder status may change over time for some individuals and was associated with one's gender, number of items touched, and mobile phone usage. In 29% of touch events, no DNA allele was detected and in 99% of touch events, the amount of DNA deposited was <2 ng. The study also found that in 0.6% of touch events, the participant could be excluded as a contributor of the observed DNA profile, with another person being included. Additionally, our investigations suggest that the current three-category system for shedder status classification may require further refinement to better represent the individuals' shedder status in a population.     

Virtopsy,a new imaging horizon in forensic pathology: virtual autopsy by postmortem multislice computed tomography (MSCT) and magnetic resonance imaging (MRI)--a feasibility study

Using postmortem multislice computed tomography (MSCT) and magnetic resonance imaging (MRI), 40 forensic cases were examined and findings were verified by subsequent autopsy. Results were classified as follows: (I) cause of death, (II) relevant traumatological and pathological findings, (III) vital reactions, (IV) reconstruction of injuries, (V) visualization. In these 40 forensic cases, 47 partly combined causes of death were diagnosed at autopsy, 26 (55%) causes of death were found independently using only radiological image data. Radiology was superior to autopsy in revealing certain cases of cranial, skeletal, or tissue trauma. Some forensic vital reactions were diagnosed equally well or better using MSCT/MRI. Radiological imaging techniques are particularly beneficial for reconstruction and visualization of forensic cases, including the opportunity to use the data for expert witness reports, teaching, quality control, and telemedical consultation. These preliminary results, based on the concept of "virtopsy," are promising enough to introduce and evaluate these radiological techniques in forensic medicine.     

Adipocere in postmortem imaging using multislice computed tomography (MSCT) and magnetic resonance imaging (MRI)

A body was found in a local river almost completely converted into adipocere. The corpse was identified as a 78-year-old male who was missed for 13 months. It was assumed that he committed suicide by drowning. The postmortem imaging findings utilizing multislice computed tomography (MSCT) and magnetic resonance imaging (MRI) in this virtopsy case are presented with special focus on the radiologic appearance of adipocere. The loss of signal in MRI and hyperdensities in MSCT up to 1000 Hounsfield units, as well as the increased assessment of the intracranial structures compared with traditional autopsy, are presented.