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271.
Ingested food is one of the important types of forensic evidence obtained during a medicolegal autopsy. Many materials containing seeds pass through the human digestive system and are still recognizable; thus, they can be valuable for providing investigative leads. Currently, the identification of seeds relies on microscopic and morphologic examination. However this method sometimes can be problematic. For example, the microscopic appearance of the ingested tomato and pepper seeds is very similar; thus, it is not always easy to distinguish these seeds by comparing their physical characteristics. Tomato and pepper seeds were selected as a model system to assess the value of performing DNA analysis as an alternate and/or complimentary means of seed identification. Results of blind testing indicate that the deoxyribonucleic acid-amplified fragment length polymorphism (DNA-AFLP) results were able to discriminate between pepper and tomato seed samples after they passed through the digestive system.  相似文献   
272.
273.
The area of judicial research previously referred to as the freshman effect has generated a substantial amount of interest among Supreme Court scholars. Until recently, however, efforts to establish the existence of this effect have met with mixed success. Hagle (1993a) contends that the mixed results of previous freshman or acclimation effect studies are primarily due to the use of the behavior of the experienced justices as a baseline to measure the behavior of the new justice. Given normal variations in the justices' behavior, using the behavior of experienced justices to determine whether a new justice experienced acclimation effects may lead to a false conclusion. In this study we examine the opinion writing behavior of 24 justices who joined the Court from the 1943 through the 1993 Terms. While controlling for the number of cases, we use each justice's own later opinion writing behavior in each of two control periods as a baseline against which to judge whether that justice experienced an acclimation effect in his or her first-term opinion writing. We also compare the opinion writing behavior of Rehnquist and the other three Chief Justices with that of the Associate Justices. Our results indicate that a substantial number of the justices (67%) manifest significant acclimation effects in their opinion writing for one or both of the two control periods. Our results also show a significant difference in Rehnquist's opinion writing behavior as he moved from Associate Justice to Chief Justice and a substantial difference between the opinion writing behavior of the Chief Justices as compared to the Associate Justices.  相似文献   
274.
Legal context. The House of Lords held that the medical privacyof the glamorous supermodel Naomi Campbell was violated by publicationof details of her drug addiction treatment and a paparazzi picture.English law is developing under the influence of Article 8 (theright of privacy) and Article 10 (the right of freedom of expression)of the European Convention of Human Rights. The court explainedhow the action for breach of confidence protects privacy. So,who controls the Naomi Campbell information flow? Key points. Primarily, the courts control the flow of privateinformation. They do so through the cause of action of breachof confidence and remedies. In deciding liability, the courtsshould ask whether the benefit of publication is proportionateto the harm done by the invasion of privacy. To answer the question,they must balance the public interest in the right of privacyagainst the public interest in the right of freedom of expression.They may settle on a Reynolds type test by considering a numberof non-exhaustive factors. The article examines seven suggestedfactors and the remedies which can be deployed by the courts.Judgments from the English courts and the European Court ofHuman Rights are considered, including Campbell v MGN (HL),Douglas v Hello! (CA), McKennitt v Ash (HC), Peck v UK (ECtHR),Édition Plon v France (ECtHR), and Von Hannover v Germany(ECtHR). Practical significance. There are an increasing number of privacyclaims against the media. The article includes a checklist ofseven factors to help determine where the balance lies betweenprivacy and freedom of expression.  相似文献   
275.
What is the best way to reflect human diversity in the structure of the provocation defence, and similar excusatory defences in the criminal law? The House of Lords recently concluded that the right way is to allow the jury to personalise and thereby qualify the apparently uniform ‘reasonable person’ standard mentioned in section 3 of the Homicide Act 1957. In this paper we argue that this is not the right way at all. We argue that the reasonable person standard, unqualified, already accommodates the only variations between people that the law should want to accommodate in an excusatory defence. To defend this view we revive the common law's tripartite analysis of the ‘objective’ (or impersonal) issues in the provocation defence: first, was there an action capable of constituting a provocation? second, how provocative was it? and third, how much self‐control should have been exhibited in the face of it? We show that these questions each have a built‐in sensitivity to certain variations between different defendants' situations, but that this does not detract from their objectivity (or impersonality). We argue that no more sensitivity is needed in the name of human diversity, and what is more that no more sensitivity is desirable.  相似文献   
276.
This clinically based study asked 165 batterers attending a court-mandated assessment program to quantify a series of behaviors that occurred since being convicted of battering. The behaviors clustered into 2 factors: (1) an Ambivalent Contact Pattern whereby behaviors of batterers were associated with contacting their ex-partner, sending gifts and letters, and watching her without her knowing while harboring conflicting feelings of love, hate, and anger; and (2) a Predatory Contact Pattern whereby the behaviors of batterers were associated with hang up calls, entering her home without permission, threatening or physically causing harm to her while harboring a propensity for abusiveness. Clinicians should assess batterers for predatory thoughts about the estranged partner, and reason for the contact since separation. Presence of stalking behaviors and predatory fantasy is a window to determine repetitive and escalating domestic violence.  相似文献   
277.
Estimating stature in human skeletal remains of Asian ancestry is problematic for forensic anthropologists due to the paucity and uncertain suitability of regression formulae. To address this issue, our study analyzed 64 individuals from a modern skeletal collection of South‐East Asian origin and developed population‐specific ordinary least squares regression formulae to estimate skeletal height from each of the long bones of the upper and lower limbs, as well as from trunk length. Results indicate that the most accurate estimates of skeletal height from a single bone (as measured by standard error of the estimate—SEE) are from tibial length in males (SEE = 2.40 cm) and from humeral length in females (SEE = 2.59 cm), followed by femoral length (SEE = 2.84 cm). When multiple elements are considered, the combination of femoral and tibial length yields the best estimates in both sexes as well as combined sex samples (male SEE = 2.40 cm; female SEE = 2.77 cm; combined sex SEE = 2.54 cm).  相似文献   
278.
Previous research has demonstrated that the strategic use of evidence (SUE) approach of interviewing criminal suspects is effective at eliciting cues to deception. This study aims at expanding on the SUE approach by testing the technique of general-to-specific evidence framing. We conducted an experiment using a mock terrorism paradigm. Guilty participants took part in a simulated act of terrorism, while innocent participants performed a similar act involving no transgression. All participants (N?=?102) were then interviewed using one of four evidence disclosure styles (early disclosure, late disclosure, 2-step disclosure, or 4-step disclosure). We expected that disclosing evidence to the suspect gradually, with increasing specificity, would induce guilty suspects to alter their statements to a greater extent than innocent suspects. General-to-specific evidence framing effectively discriminated between guilty and innocent suspects, but results only partially supported the hypotheses.  相似文献   
279.
This study assesses the comparability of public sector responses to energy conservation research and development (R&D) in the United states and Sweden. Using the evaluative criteria of policy objectives, organizational structure, and funding, the extent to which the institutional context for R&D either constrains or fosters conservation as an element of each nation's energy policies is examined. Sweden, unlike the United States, appears to have been successful in achievement consensus primarily through an open, deliberative process of mutual partisan adjustment regarding where specific allocations should be made in the energy R&D budget for optimal conservation results. To a great extent, it is within these differing institutional contexts of policy uncertainly that the content of specific energy conservation policies and strategies should be evaluated.  相似文献   
280.
Ireland was the first European nation to model its local governments after the American council-manager plan. Although the diffusion of the manager plan in the U.S. was slow, and at local initiative, the Irish experience was very different. The central government in Ireland imposed the manager plan on all urban districts, boroughs and counties within a short period of time. This “imposition” was designed with both political and administrative values in sight. Politically, the period immediately after independence from Great Britain was unstable and violent. A method was needed to bring order, stability and uniformity to the emerging nation. One approach was to exert central control over the activities of the one hundred elected councils in small towns, villages, boroughs and major cities. The institution of city-county manager was designed to facilitate the control by national political leaders over local authorities. Managers were appointed by the central Ministry of Local Government, were given significant administrative autonomy from local councils and were protected in their positions by national-level structures. The political values of stability, order, uniformity in the nation: building process created an environment for the emergence of new administrative values. Values of professionalism, efficiency, accountability, modernization replaced out-dated practices. An understanding of modern Ireland's experiences in local government administration may give additional insights into the active, essential role of administration in developing nations. Particularly, the role of administrators as stabilizers in conditions of political and social instability deserve our increased attention.  相似文献   
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