无独立请求权第三人的诉讼地位

无独立请求权第三人是诉讼当事人。我国民事诉讼法关于无独立请求权第三人的立法规定存在着内在冲突,在理论和实务上产生了诸多令人困惑的问题,立法应明确无独立请求权第三人的诉讼当事人地位。当事人申请参加是无独立请求权第三人参加诉讼的适当方式,法院依职权追加和通知无独立请求权第三人参加诉讼,是超越司法被动性原则的体现,立法上应取消这一规定。     

Determining the sequence of intersecting gel pen and laser printed strokes — A comparative study

The relative chronological sequence of intersecting gel pen ink lines and laser printed marks has been determined using optical methods. The results were obtained by observing spectral reflection, relative sheen, skipping and gaps of gel pen ink strokes at the point of intersection. The intersections are observed under stereomicroscope and digital microscope. The effectiveness of both the optical instruments for sequence of the strokes has been compared. The sequence of intersecting lines (of same colour, different colours and where one of the strokes is darker) has been established.     

Observation of tri-allelic patterns in autosomal STRs during routine casework

We report three cases of tri-allelic patterns observed during routine forensic casework on 5964 Belgian residents. These individuals had been typed for the following 15 autosomal STRs: CSF1PO, D3S1358, D5S818, D7S820, D8S1179, D13S317, D16S539, D18S51, D21S11, vWA, FGA, TH01, TPOX, D2S1338 and D19S433.The first example of a tri-allelic pattern had the genotype 13;15;16 for the D8S1179 locus. In the second observation there was 16;21;22 pattern for the D18S51 locus. The third case had the alleles 10;11;13 also for D18S51.All cases belonged to the Type I tri-allelic pattern, with three uneven peaks, the sum of the heights of both smaller peaks equalling the height of the tallest peak.Three cases in 5964 typed individuals is a frequency for tri-allelic patterns in autosomal STRs of 0.05%.     

Case report of a homicide resolved 15 years later: The robustness of Chelex extraction

DNA typing techniques is one of the most advanced tools for human identification. During the last 10 years, a great number of methods for DNA extraction and analysis have been introduced to forensic genetic, with considerable success but also with considerable controversy. The success and validation of a criminal investigation are very closely related to the process used for obtaining and preserving biological evidence.We report the strategy that we employed to analyze evidences belonging to a homicide happened in Brescia (Italy) in 1992, not resolved at that time, with the forensic genetic analysis. After 16 years the analysis were conducted on DNA samples extracted with Chelex maintained at −80 °C, bloodstain, and biological specimens of perpetrators. Standard autosomal and Y-chromosome STR analysis identified the persons involved and victim's profiles. This case is of interest as a demonstration of a more successful application of DNA typing in well conserved DNA samples than in bloodstains kept in the Court Office.     

The problem of DNA contamination in forensic case work—How to get rid of unwanted DNA?

The PCR technique has become a powerful and very sensitive tool in a broad field of research, that is, molecular biology, medical diagnostics, population genetics, ancient DNA analysis and forensic casework.However, the high sensitivity down to single molecules can easily cause false-positive PCR results due to different types of contamination. In this study, artificial DNA contaminations (saliva and pure DNA) were treated with UV irradiation and other decontamination procedures. A satisfactory DNA removal could not be achieved, emphasizing the necessity of contamination avoidance.     

Osteometric method of determination of ordinal localization of the ribs using discriminant analysis

III-XI right ribs from 86 skeletons of the Caucasoid, stored in the Chair of Anthropology of Moscow State University, were examined. The ribs were measured by A. I. Turovtsev's program (1972) including 13 signs. The results have been analyzed with statistic program SPSS. Diagnostic models, based on incremental discriminant analysis, were calculated for expert practice. It is recommended to perform the expertise in 2 stages. On 1st stage group belonging of the rib has to be established. 1st group include III-V ribs, 2nd group--VI-VIII and 3rd--IX-XI ones. To determine ordinal localization of I, II and XII ribs is not difficult in view of uniqueness of its anatomic structure. Precision of classification of group localization of a rib is 99.6%. On 2nd stage individual number of the rib has to be determined. Precision of classification in case of belongings of the rib to 1st or 3rd groups is 80.2% and 85.7% respectively, to 2nd group it is lower (41.7-69%).     

The importance of biochemical studies for practical forensic-medical expert examination

Sudden death along with differential diagnosis of deaths from coronary heart disease and alcoholic cardiomyopathy is a challenging problem in practical forensic medicine. Relevant investigations demonstrated the possibility to address it using a battery of biochemical methods, such as measurement of blood glucose level in heart cavities, lactate dehydrogenase activity in myocardium, etc.     

An Indepth Actuarial Assessment for Wife Assault Recidivism: The <Emphasis Type="Italic">Domestic Violence Risk Appraisal Guide</Emphasis>

An actuarial tool, the Ontario Domestic Assault Risk Assessment (ODARA), predicts recidivism using only variables readily obtained by frontline police officers. Correctional settings permit more comprehensive assessments. In a subset of ODARA construction and cross-validation cases, 303 men with a police record for wife assault and a correctional system file, the VRAG, SARA, Danger Assessment, and DVSI also predicted recidivism, but the Hare Psychopathy Checklist (PCL-R) best improved prediction of recidivism, occurrence, frequency, severity, injury, and charges. In 346 new cases, ODARA and PCL-R independently predicted recidivism. An algorithm was derived for a combined instrument, the Domestic Violence Risk Appraisal Guide (DVRAG), and an experience table is presented (N=649). Results indicated the importance of antisociality in wife assault.     

Characterization of 26 miniSTR loci for improved analysis of degraded DNA samples

An additional 20 novel mini-short tandem repeat (miniSTR) loci have been developed and characterized beyond the six previously developed by our laboratory for a total of 26 non-CODIS miniSTR markers. These new markers produce short PCR products in the target range of 50-150 base pairs (bp) by moving the primer sequences as close as possible-often directly next to the identified repeat region. These candidate loci were initially screened based on their small amplicon sizes and locations on chromosomes currently unoccupied by the 13 CODIS STR loci or at least 50 Mb away from them on the same chromosome. They were sequenced and evaluated across more than 600 samples, and their population statistics were determined. The heterozygosities of the new loci were compared with those of the 13 CODIS loci and all were found to be comparable. Only five of the new loci had lower values than the CODIS loci; however, all of these were much smaller in size. This data suggests that these 26 miniSTR loci will serve as useful complements to the CODIS loci to aid in the forensic analysis of degraded DNA, as well as missing persons work and parentage testing with limited next-of-kin reference samples.     

Reasons underlying treatment preference: an exploratory study

Very little is known about what factors influence women's treatment preferences after a sexual assault. To learn more about these factors, data were collected from 273 women who read a standard "if this happened to you, what would you do" scenario describing a sexual assault and subsequent trauma-related psychiatric symptoms. After reading standardized treatment options for a pharmacotherapy (sertraline) and a psychotherapy (cognitive behavioral treatment), participants made a hypothetical treatment choice and reported the main reasons for their choice. Women often cited reasons surrounding the effectiveness of a treatment as the primary reason for their treatment preference, suggesting potential masking of symptoms with the medication and more logical, long-lasting effects with the psychotherapy. Other common reasons underlying treatment preference were wariness of the medication and positive feelings about talking in psychotherapy. Better understanding factors that influence treatment preference may aid in refining psychoeducation materials regarding the psychological consequences of sexual assault and their treatment for the lay public and in helping clinicians further tailor their discussion of treatment alternatives for these women.