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91.
In a context of rising violence and long-lasting impunity, in 2008, Mexico's criminal justice system underwent a radical change from an inquisitorial model to an adversarial one, to make it more effective, transparent, and expeditious. The new system tasked judges with publicly determining the admissibility of forensic evidence, as well as assessing its technical quality and probative value—tasks for which they currently receive little to no training. With the aim of contributing to the consolidation of the adversarial model, a comparative framework—in the form of a checklist—of the analysis of fingerprints, DNA samples, and voice recordings was created. To do so, a review of the academic literature, published reports, and guidelines was performed. The collected data were synthesized and submitted to a panel of Mexican judges, who provided feedback on its adequacy. The framework focuses on the steps on which quality assurance of forensic evidence depends, organized in five discrete stages that span from the collection of samples at the scene of a crime to the presentation of evidence at trial, specifying the main technical criteria experts should state to allow a decision maker to examine its accuracy and reliability. Differences and commonalities among the three methods were identified, particularly in terms of how qualitative and quantitative analyses are performed in each. Besides its potential usefulness as an aid for judicial decision-making, the checklist could be a valuable resource for training programs aimed at judges, as well as quality assurance programs.  相似文献   
92.
Estimating the applied power during a stabbing incident, or estimating the minimal force necessary to penetrate the body with a certain weapon is a challenging task in forensic practice. A thorough forensic evaluation of stabbing forces needs objective numerical experimental data. Stabbing tests of 12 different weapons – including knives, a pair of scissors, a fork, screwdrivers, a rasp, a corkscrew, and a utility knife blade – were performed with a Mecmesin MultiTest-dV material tester on pork loin and ballistic gel to estimate the stabbing forces and dynamics. Penetration force (Fp) and maximal force (Fmax) were recorded, and the registered force curves were analyzed. Fmax was 159.8–212.07 Newton (N), 30.56–30.58 N, 168.9–185.48 N for various knives; 171.39–190.43 N for the pair of scissors, 233.6 N for the fork; 532.65–562.65 N, 370.31–367.19 N and 314.51–432.89 N for various screwdrivers, 44.14–56.62 N for utility knife during pork loin stabbing. The butter knife, corkscrew and rasp were not able to penetrate the pork loin, and the curved fork bent during stabbing. The results prove that weapon characteristics greatly influence the force necessary for penetration. Maximal stabbing force depends mostly on tip sharpness, and the force sharply decreases after penetration occurs, which indicates that edge sharpness is not as important as tip characteristics during stabbing perpendicular to skin surface. The penetration force during stabbing with a pair of scissors is comparable to the penetration force of knives. Stabbing with screwdrivers generally needs larger force than average knives but depends greatly on screwdriver size.  相似文献   
93.
The secondary dentin deposition that occurs after the tooth formation process results in a decrease in pulp cavity volume in adolescents and adults. The purpose of this critical review was to correlate pulpal and/or dental volume on cone-beam computed tomography (CBCT) with chronological age approximation. A subobjective was to investigate which methodology and CBCT technical parameters would be most appropriate to evaluate this correlation. This critical review followed the PRISMA guidelines, and it was conducted by a search through PubMed, Embase, SciELO, Scopus, Web of Science, Cochrane Library databases, as well as gray literature. Primary studies that used pulp volume, or pulp chamber to tooth volume ratio measured using CBCT were included. Seven hundred and eight indexed and 31 non-indexed records were identified. A qualitative analysis was performed including 25 selected studies with a total of 5100 individuals, age ranging from 8 to 87 years without sex predilection. The most used method was pulp volume/tooth volume. CBCT voxel size ranged between 0.09 and 0.5. Manual segmentation associated with threshold algorithms was used in most of the studies. Correlation between the pulp volume/tooth volume ratio was moderate: −0.66 for the upper central incisors, −0.59 for upper canines and −0.56 for lower canines. High heterogeneity was observed among the studies. It is concluded that pulp volume should be used with caution in age estimation. Evidence supports the preferable use of upper incisors with pulp volume/tooth volume ratio for age estimation. There is not enough evidence that voxel size interferes in age estimation by pulp volume.  相似文献   
94.
Popular protest, civil society organizing, and non-governmental organizations have become notable features in China’s socio-political development. A mounting body of research has documented both opening opportunity structures and remaining restrictions when it comes to collective action within the authoritarian state. However, given the wide range of definitions and interpretations that are at play in the literature, it can be difficult to distinguish between different forms of collective action and determine which actions represent actual movements. This article argues that a refocus towards the basic components that constitute movement action can provide more clarity and help explain the limitations, as well as the opportunities, that surround collective action within authoritarian states. To illustrate, the article studies the organizational growth, networking, and collective action that have occurred in connection with AIDS in China. It finds that political restrictions and other coordination challenges prevent the mobilization of actual social movements.  相似文献   
95.
Brand names constitute a form of value for commercial products, because they suppose a savings of search costs for the consumer. The law, as a consequence, has the obligation to protect brand names. But the number of attractive brand names is not infinite and sometimes companies seek brand names which are reminiscent of others. In this article a conflict between two companies for the distinctiveness of two brand names is addressed: one Spanish company used the English common noun doughnut for a product similar to the American pastry, while the other company had already registered donut as a brand name, in addition to its variants. This second company sued the first on the grounds that the names were not distinctive. Here we offer the arguments presented to the judge in defense of the distinctiveness of doughnut and the judgment.  相似文献   
96.
This article describes the development and testing of the psychometric properties of the Partner Violence Entrapment Scale (PVES), an instrument that evaluates the women’s perceived reasons for staying in violent partner relationships. After initial pilot testing, the scale was administered to 213 Spanish women who were victims of intimate partner violence (IPV). An exploratory factor analysis identified six factors: Socio-Economic Problems, Attachment and Fear of Loneliness, Blaming Oneself and Resignation, Impact on Children, Fear of Harm and Worry for the Partner, and Feelings of Confusion. Discriminant validity was established by demonstrating associations between PVES factors and socio-demographic, clinical and abuse variables. The scale appears to be a useful assessment tool for social and clinical settings. Its factor structure, reliability, and validity need to be replicated in other populations and samples.  相似文献   
97.
Institutions,distributional concerns,and public sector reform   总被引:2,自引:0,他引:2  
Abstract. As in otherWestern countries, a wave of reform has swept the Danish public sector. The record of these reforms is mixed and paradoxical; an ambiguous delegation of executive authority and radical privatization have been successfully implemented, while other measures, especially contracting out and user democracy or the introduction of greater choice, turn out to have failed. The paper argues that this experience offers two general lessons. First, shortterm costs and benefits are decisive to those who enact and implement public sector reform. Second, institutional factors specific to each type of reorganization have a major impact on the political distribution of costs and benefits.  相似文献   
98.
The purpose of this paper is to study whether investors’ willingness to realize capital gains falls when the marginal tax rate on capital gains is raised. We use a rich register-based panel data set covering almost 8% of the Swedish population. The results indicate that a 10% increase in capital gains tax rate reduces the number of realizations of capital gains with 8.7% and the realized amount, given the decision to realize, with 1.9%. In addition, we find that wealthy individuals seem to respond more to changes in capital gains tax rates than less-wealthy.  相似文献   
99.
Studies of the “stated preferences” of households generally report public and political opposition by urban commuters to congestion pricing. It is thought that this opposition inhibits or precludes tolls and pricing systems that would enhance efficiency in the use of scarce roadways. This paper analyzes the only case in which road pricing was decided by a citizen referendum on the basis of experience with a specific pricing system. The city of Stockholm introduced a toll system for seven months in 2006, after which citizens voted on its permanent adoption. We match precinct voting records to resident commute times and costs by traffic zone, and we analyze patterns of voting in response to economic and political incentives. We document political and ideological incentives for citizen choice, but we also find that the pattern of time savings and incremental costs exerts a powerful influence on voting behavior. In this instance, at least, citizen voters behave as if they value commute time highly. When they have experienced first‐hand the out‐of‐pocket costs and time savings of a specific pricing scheme, they are prepared to adopt freely policies that reduce congestion on urban motorways. © 2010 by the Association for Public Policy Analysis and Management.  相似文献   
100.
The last decade has seen an unprecedented increase in conflict management activities in Africa by international organisations. This has been accompanied by a flurry of academic publications and of policy reports that stress the comparative advantages at the legal and operational levels of regional and other intergovernmental organisations. The article assesses this dominant favourable view by examining the role of the Commonwealth, the Francophonie and the CPLP in Africa. Traditionally regarded as cultural organisations, they have gradually extended their profile to include a security mandate. Drawing from fieldwork and an extensive review of the literature, the article presents the first comparative study of the conflict management activities of these organisations in Africa.  相似文献   
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