比例原则的个案分析

比例原则调整两类关系 :国家活动中目的与实现目的的手段之间的关系 ;公民的自由权利与公共利益需要的关系。以此为据分析广州贝氏药业有限公司诉国家发改委政府药品定价案 ,可知国家发改委的定价行为不符合比例原则的要求。我国行政法应注意到比例原则与合理性原则的重大差别 ,引入比例原则而废弃合理性原则。     

Descriptive Study of Precursors to Sex Offending among 813 Boys and Girls: Antecedent Life Experiences

In order to understand the precursors to sexual offending among youth and the associated gender differences, the records of 813 sexually abusive children (659 boys and 154 girls) referred for an evaluation of their sexually inappropriate and coercive behavior were reviewed and coded. These children ranged in age from 3 to 18 when they committed their first hands-on offenses. All were under the care of the Massachusetts Department of Social Services either prior to or as a result of their behavior. Principle findings included: (1) a high proportion of girls (19 percent) in a sample of children flagged as sexually abusive to other children, (2) an exceptionally high base rate of severe maltreatment and associated clinical and psychiatric sequelae, and (3) girls were significantly more likely to be sexually abused, and when sexually abused the abuse lasted longer, was more severe, and involved more perpetrators. In addition, the girls were significantly more likely to witness domestic violence and to witness sexual deviance within the home. For all other types of abuse, there were no group differences, and (4) all of the children were subjected to a very high level of caregiver instability.     

骨骼个体识别系统的研究

骨骼个体识别系统的研究花锋，田雪梅，孙建军，沈旭昆ＳｔｕｄｙｏｆｔｈｅＣｏｍｐｕｔｅｒＳｙｓｔｅｍＢａｓｅｄｏｆｔｈｅＩｎｄｉｖｉｄｕａｌＩｄｅｎｔｉｆｉｃａｔｉｏｎｏｆＳｋｅｌｅｔｏｎ￥Ｈｕａｆｅｎｇ；Ｔｉａｎｘｖｅｍｅｉ；Ｓｕｎｊｉａｎｊｕｎ；（...     

Cross-national comparison of homicide: Age/sex-adjusted rates using the 1980 U.S. homicide experience as a standard

Cross-sectional studies of crime have typically relied on crude crime rates when making comparisons between countries. Crude rates control for population size but implicitly assume that all members of the population are equally at risk. Empirical studies have shown that, cross-nationally, risk varies by age and sex. Standardization of crime rates removes the confounding effects of variable age and sex population distributions. Since age/sex-specific crime rates are generally unavailable for many countries, the method of indirect standardization is the most desirable technique. Age/sex-adjusted homicide rates for 76 countries are presented, and two comparative measures are suggested. It is shown that while the United States has a higher homicide rate than all but 15 countries; in most cases, the magnitude of the difference, not controlling for age/sex differences, is overestimated. Crude rates underestimate differences between the United States and countries with higher rates of homicide.     

AN ANALYSIS OF PAROLE DECISION MAKING USING A SAMPLE OF SEX OFFENDERS: A FOCAL CONCERNS PERSPECTIVE*

We use data from pre‐sentence investigations and official parole board records to study the correlates of parole release among a sample of men incarcerated for sexual offenses. Cox proportional hazard models are used to estimate change in the likelihood of parole over time, and the focal concerns theory provides the theoretical framework for the analyses. The findings suggest a complex interplay of legal and extralegal factors in understanding parole release decisions. Parole officials weigh heavily offense seriousness, institutional misconduct, and parole readiness scores in making release decisions. In addition, study results reveal that victim and offender age is a salient factor in determining parole judgments. Overall, the current analysis provides a baseline for future research on parole decision making in general, and sexual offenders, in particular.     

扩增X—Y同源Amelogenin基因内含子在性别鉴定中的应用研究

本文用一对针对X－Y同源的Amelogenin基因第一内含子的引物，于同一试管中分别扩增出针对于x和Y染色体的特异性DNA片段：106bp及112bp的PCR产物，经聚丙烯酰胺凝胶电泳后用银染法观察扩增结果，取得了满意的效果．对50pgDNA模板室温放置16年的血痕及单根毛发、烟头等检材均可得到明确的性别鉴定结果．本实验证明该方法简便、灵敏、可靠、特别适用于腐败降解检材的法医学性别鉴定．     

Childhood Abusive and Supportive Experiences, Inter-Parental Violence, and Parental Alcohol Use: Prediction of Young Adult Depressive Symptoms and Aggression

Issues in both the children of alcoholics and child abuse literatures were addressed in an attempt to disentangle the effects on young adults of growing up in alcoholic homes versus abusive homes. Using multiple regression, retrospective reports of parental abuse (emotional, physical, and sexual) and parental support (love/support, independence, and fairness), witnessing violence between parents, and parental alcohol use were used as predictor variables for outcomes noted by both literatures. When the effects of all other predictors were statistically controlled, parental alcohol use was not significantly related to depressive symptoms or aggression. Different abusive and supportive behaviors, depending on sex of parent and sex of participant, were significant predictors of both depression and aggression. Results underscore the importance of including and controlling for inter-parental violence and for different types of child abuse (especially emotional abuse) and parental supportive behaviors in investigations of outcomes related to abusive and alcoholic families. Implications for treatment of individuals from these families are discussed.     

Use of diagonal teeth measurements in predicting gender in a Turkish population

Mesiodistal and buccolingual measurements, commonly used as a means of sex determination from teeth, can sometimes cause difficulties. The aim of this study is to test whether diagonal measurements can make it possible to take more accurate measurements. The results of diagonal measurements of dental casts taken from 30 males and 30 females have been evaluated by discriminant function statistics. Intra- and interobserver error tests did not indicate any statistically significant differences between the findings of two observers. Seven of the 14 measurements on the maxilla and 10 of the 14 measurements on the mandible have been found to be significantly greater in males. According to the results of the stepwise discriminant function statistics, the most contributory measurements to the function were upper first incisor mesiobuccal-distolingual (MBDL) and distobuccal-mesiolingual, lower second incisor MBDL, and lower canine MBDL. The highest reliability was obtained in MBDL measurements. It was realized that diagonal measurements of teeth, especially of canines, revealed clear dimorphic differences. Classification accuracy was found to be 83.3% for total sample, 78.3 for upper jaw, and 85.0% for the lower jaw. Accuracy rate was higher in the lower teeth. Commonly seen orthodontic anomalies, such as tooth rotations, crowding, attritions, deep dentin-enamel junction defects, and certain types of fillings, could make it difficult to correctly take width measurements or could cause other mistakes to occur. This explains the reason why this research has been considered to be of some use in diagonal measurements, which is an accurate method, particularly when employed for the front teeth.     

Evaluating the accuracy and precision of cranial morphological traits for sex determination

Sex determination is a key analysis that forensic anthropologists perform in order to construct a biological profile of human remains. The techniques used in forensic investigations must meet the Mohan or Daubert criteria, for admissibility in a court of law. In this study, the precision and accuracy of 21 morphological characteristics of the skull were tested on a modern sample of 50 adult crania of European White ancestry. The following craniofacial features are identified as high-quality traits, defined by intraobserver error or=80%: mastoid size, supraorbital ridge size, general size and architecture, rugosity of the zygomatic extension, size and shape of the nasal aperture, and gonial angle. Ninety-six percent accuracy and 92% precision were achieved using 20 traits in combination. Fisher's exact probability tests revealed no significant differences (p=0.05) in the levels of precision or accuracy between age categories. Sex-related bias in accuracy was found for the following cranial features: ramus symphysis (p=0.009), zygomatic extension (p=0.0016), and occipital markings (p=0.0013). These traits demonstrated a greater tendency to be scored male than female.     

Metric assessment of the "mastoid triangle" for sex determination: a validation study

Recently, a metric approach to skeletal sex determination was published by Paiva and Segre which is based on the summation of two triangular areas defined by three distinct craniometric landmarks: Porion, Mastoidale, and Asterion. According to the authors, values for the total triangle > or =1447.40 mm(2) are characteristic for male crania, while values < or =1260.36 mm(2) are indicative of female skulls (95% confidence). In order to evaluate the method's validity, two sex- and age-documented samples of different provenience were analyzed (N=197). The results show that while the indicated measurements display significant sex differences, the technique is of little practical meaning where a single individual must be independently classified. It is hypothesized that differences in the expression of sexual dimorphism as well as a population-specific variability of the asterion location undermine the value of the mastoid triangle as a sex determinant.