计算机犯罪证据刍议

计算机犯罪证据的收集和处理是侦办计算机犯罪案件的关键和难点。计算机犯罪证据与传统证据形式相比有许多不同特点,但具体分析,我们仍可将其归入书证和物证的范畴,因此计算机犯罪证据具有证据能力。计算机犯罪证据的证明力并不强,必须与其他证据相配合才能定案。计算机犯罪证据的收集和处理与其证据能力和证明力密切相关,在这方面我们有必要借鉴发达国家的先进经验。     

AmpFlSTR profiler Plus short tandem repeat DNA analysis of casework samples, mixture samples, and nonhuman DNA samples amplified under reduced PCR volume conditions (25 microL)

As part of the validation of the AmpFlSTR Profiler Plus short tandem repeat (STR) system, under reduced polymerase chain reaction (PCR) volume conditions (i.e., 25 microL), a total of 275 casework samples were processed. Examples of profiles are presented along with amplification conditions to improve the odds of obtaining balanced and complete profiles for samples showing partial results or profiles with a descending slope. Data collected and used to develop our interpretation guidelines are included. From the mixture studies, full profiles were obtained for minor contributors, using 2 ng of DNA, with ratios of 10:1 or 1:20 and using 1 ng of DNA, with ratios of 10:1 and 1:8. The specificity of the Profiler Plus amplification reaction performed in 25 microL was examined and confirmed using a large spectrum of nonhuman DNAs. This report supports the use of the AmpFlSTR Profiler Plus STR system for casework DNA typing under reduced PCR volume conditions.     

How Weak Recognition and Measurement in the Federal Budget Encouraged Costly Policy: The Case of "Supervisory Goodwill"

The budget process is the primary means by which federal policymakers allocate resources. The failure of the budget to recognize and measure the full cost of federal programs encourages the Congress and president to skew resource allocation toward policies whose budgetary costs are underestimated. These "low-cost" policies often increase costs to taxpayers without providing taxpayers with benefits. Recent examples of this phenomenon are found in the "supervisory goodwill" cases. This article reviews these cases, the budgetary weaknesses they identify, the influence these weaknesses had on legislators, and the unnecessary costs for taxpayers that result from the supervisory goodwill policy. Specifically, the federal budget did not recognize the cost that would result from encouraging financial institutions to assume the assets and liabilities of insolvent savings and loans. The budget's recognition of costs failed a second time by not recording expenditures when the government abrogated its contracts with acquirers. Both actions raised costs to taxpayers unnecessarily. In addition to analyzing budgetary weaknesses and their potential costs, this article also reviews two proposed budgetary reforms that could address the budgetary failures highlighted by the supervisory goodwill cases.     

Charter High Schools’ Effects on Long‐Term Attainment and Earnings

Since their inception in 1992, the number of charter schools has grown to more than 6,800 nationally, serving nearly three million students. Various studies have examined charter schools’ impacts on test scores, and a few have begun to examine longer‐term outcomes including graduation and college attendance. This paper is the first to estimate charter schools’ effects on earnings in adulthood, alongside effects on educational attainment. Using data from Florida, we first confirm previous research (Booker et al., 2011 ) that students attending charter high schools are more likely to graduate from high school and enroll in college. We then examine two longer‐term outcomes not previously studied in research on charter schools—college persistence and earnings. We find that students attending charter high schools are more likely to persist in college, and that in their mid‐20s they experience higher earnings.     

Problem-based learning and international commercial dispute resolution in the Indian Ocean

One of the primary challenges for a law lecturer is to take students beyond their own assumptions about the parameters of a subject and provide them with new opportunities for exploration and a broader vision to enhance learning. A significant feature of law as a discipline of study in higher education that has the potential to impact on the curriculum and the way in which it is taught is the academic/vocational divide. Problem-based learning (PBL) activities make classroom settings unpredictable and surprising, and learning to deal with such uncertainty prepares students for one of the most crucial aspects of professional life: the ability to make judgements in a context of uncertainty. This article analyses the integration of PBL within an LLM module on International Commercial Dispute Resolution. The logic of using PBL in this module is to ensure that the more abstract and less engaging aspects of the course are learned in relation to a close involvement with problems that are highly relevant to students’ more concrete ideas of what the course is about and what competence would mean within it. The experience of the students with the PBL activities, captured in reflective narratives and anonymous questionnaires, is also discussed.