死刑案件被害人权利保护问题

在刑事司法领域,人权保障是一个内涵丰富且不断发展的制度体系。既要保障犯罪嫌疑人、被告人的合法权利,也要保障被害人的合法权利,同时注意二者平衡。1996年《刑事诉讼法》确认了被害人的诉讼主体地位,但由于缺少配套机制,导致实践中出现诸多问题。新《刑事诉讼法》在很大程度上完善了犯罪嫌疑人、被告人的诉讼权利及其保护,但较少涉及被害人的权利保护问题。与普通刑事案件相比,死刑案件给被害人造成的伤害尤为严重,应当给予特别保护。     

论危害结果与死刑的限制适用

危害结果在很大程度上反映出行为社会危害性的大小,在我国死刑裁量中发挥了重要作用。危害结果在很多情况下是作为酌定量刑情节的形态存在的,其对于死刑的限制适用具有重要意义。充分发挥危害结果情节在限制死刑适用中的作用,应当力戒死刑适用"唯后果论"的倾向;物质性的危害结果不是特别严重的,可以不判处死刑立即执行;危害结果的发生系存在介入因素的场合,应当慎用死刑立即执行。     

Overview of: “Getting the Law Involved a Quasi-Experiment in Early Intervention Involving Collaboration Between Schools and the District Attorney's Office”

Research Summary Precursors to serious and chronic delinquency often emerge in childhood, stimulating calls for early interventions. Most intervention efforts rely solely on social service programs—often to the exclusion of the juvenile justice system. The juvenile justice system has been reluctant to become involved in the lives of relatively young children fearing net widening or further straining resources that could be used for older youth with documented delinquency histories. We report here the results of an early intervention program sponsored by and housed in a district attorney's office in Louisiana. Using a quasi-experimental design, we examined outcomes associated with program involvement as well as whether the obvious involvement of the prosecutor's office was associated with further reductions in problem behavior.

• 1 : The results revealed that significant reductions in problem behaviors of young children could be attributed to program participation.
• 2 : The obvious involvement of the district attorney's office, however, was associated with limited, albeit significant, reductions in specific problem behaviors.
• 3 : These findings show that successful early intervention efforts can be made part of the juvenile justice system and that in some limited situations prosecutorial involvement can result in positive outcomes.

Policy Implications The expansion of early intervention programming into the juvenile justice system offers opportunities to address early problem behavior. Our study and its results have the following policy implications.

• 1 : Closely coupled partnerships between schools and the juvenile justice system can effectively address, mitigate, and perhaps prevent an early onset of antisocial behavior.
• 2 : Even so, coupling early intervention efforts to the mission of the juvenile justice system warrants debate. Net-widening, resource diffusion, and the potential for officials to rely too heavily on the deterrent characteristics of the justice system represent serious threats to the integrity of effective early intervention programs.
• 3 : We suggest substantial debate and consideration is given before coupling early intervention efforts to the juvenile justice system.

     

Watch for those fragments of evidence: the use of an automatic timepiece to help correlate a helicopter crash site from the Vietnam War

This case study illustrates the use of the date function on an automatic wristwatch to help identify a Vietnam War helicopter crash site. The location of a crash incident can sometimes be uncertain because of inadequate or inaccurate wartime records and the passage of time. Artifacts recovered from a prospective crash scene are regularly used to correlate the loss incident. In this case study, a recovered automatic watch displayed a date 2 days later than the reported loss incident. Although the date conflicts with the aircraft crash incident report, it is observed that a fully wound automatic watch continues to work for c. 2 days after movement of the watch ceases. Thus, the watch's date in fact correlates with the aircraft crash incident report. It is noted that automatic watches may also be used to date scenes of crime.     

Undiagnosed, untreated acute promyelocytic leukemia presenting as a suspicious sudden death

Acute promyelocytic leukemia (APL) is a subtype of acute myelogenous leukemia frequently associated with clotting abnormalities and severe hemorrhagic diathesis. The disease is associated with a high incidence of early fatal hemorrhage. We report the sudden death of a 40-year-old male without significant medical history in which foul play had been initially suspected. A thorough postmortem investigation performed on the decedent lead to the diagnosis of APL. Cause of death was a cerebellar hematoma. Underlying APL should be considered in the differential diagnosis when unexplained bleeding is encountered in a decedent. This case emphasizes the value of routinely collecting bone marrow during an autopsy to enable accurate testing and diagnosis.     

Sudden and unexpected death from pituitary tumor apoplexy

Pituitary tumor apoplexy refers to a clinical syndrome precipitated by the expansion of a pituitary adenoma by hemorrhage or infarction. Individuals may present with myriad signs, including sudden onset of severe headache, visual changes, altered mental status, cranial nerve palsies, and hormonal dysfunction. This disorder constitutes a medical emergency and warrants an expedited evaluation, diagnosis, and treatment to prevent the potential sequelae of permanent visual loss, endocrine abnormalities, or death. We report a case of sudden death from undiagnosed pituitary tumor apoplexy. The decedent was evaluated by medical personnel on three occasions in the week prior to her death for severe headache, nausea, vomiting, and photophobia. Postmortem examination demonstrated a hemorrhagic infarction of a pituitary adenoma with necrosis and expansion out of the sella turcica. The recognition of and treatment for a patient with pituitary tumor apoplexy requires a rapid multidisciplinary effort. Failure of prompt diagnosis may be fatal and require a medico-legal death investigation for sudden and unexpected death.     

Influenza A/H1N1 (2009) Infection as a Cause of Unexpected Out‐of‐Hospital Death in the Young*

Abstract: In March 2009, a new strain of influenza A/H1N1 virus was identified in Mexico, responsible for a pandemic. Worldwide, more than 13,500 patients died, most often from acute respiratory distress syndrome. Because sudden death cases were rare, involving mostly young apparently healthy persons, influenza A/H1N1 (2009)‐related deaths may be misdiagnosed, which can raise medico‐legal issues. Case history: we report on an unexpected out‐of‐hospital death involving a young male with no past medical history and no vaccination. Fever was his only symptom. Laboratory tests: histology showed patchy necrotic foci with mononuclear inflammation in the lungs. The heart was histologically normal, but virological analyses using molecular biology on frozen myocardial samples showed high virus load. In conclusion, this case report shows that influenza A/H1N1 (2009) virus can be a cause of sudden cardiac death in the young and demonstrates the importance of quantitative virological analyses for the diagnosis of myocarditis.     

A case of sudden infant death due to a primary cardiac sarcoma

The case reported herein concerns the unexpected death of a 3-month-old female newborn who suddenly collapsed in her mother's arms and was dead on arrival at the hospital. The clinical histories of the baby and her parents were negative for symptoms or signs of illness, even those of cardiovascular origin. Furthermore, no clinical appearance of a pathologic status was noted by pediatricians after the birth until the last emergency recovery. The autopsy excluded external and internal signs of violence but revealed a large primary cardiac tumor arising from the free wall of the left ventricle, which had totally invaded the heart causing mitral valve deformation. Histological examination showed a low-grade sarcoma that completely infiltrated the myocardial tissue. The pathogenesis of this sudden infant death was postulated as being owing to a fatal ventricular fibrillation combined with a tumor-related restrictive cardiomyopathy obstructing left ventricular filling.     

Death following injection sclerotherapy due to phenol toxicity

Prolapse rectum (PR) or protrusion of the rectum beyond the anus occurs frequently in populations at both extremes of age. In the pediatric population, in developed countries, the commonest cause for PR is thought to be cystic fibrosis (CF). Treatment options for CF include conservative management, surgical resection and fixation, suturing, and injection sclerotherapy (IS). The last is considered an attractive treatment option because it is minimally invasive. In this case report, the authors present the details about a 2-year-old female child, with PR and CF, who died after IS, using phenol as the sclerotherapeutic agent. Autopsy findings and toxicology tests performed to establish phenol toxicity are documented. The available literature is reviewed. This case report underscores the risks of using phenol for IS and emphasizes the point that the procedure is not innocuous and an adverse outcome including fatality is a possibility.     

The Effects of Juvenile Transfer to Criminal Court on Incarceration Decisions

The present study examined the effects of institutional pressures on homeland security preparedness among law enforcement agencies in Illinois. The data come from the Illinois Homeland Security Survey (IHSS). Specifically, the study employed three theories to explain homeland security preparedness: contingency theory, resource dependence theory, and institutional theory. We hypothesized that institutional pressures will lead to isomorphism as agencies attempt to conform to institutional expectations about appropriate activities in a homeland security era. To evaluate these theories and their impact on homeland security practices, the authors used confirmatory factor analysis. The IHSS data lend strong support to the application of organizational theory as a lens through which homeland security preparedness can be understood. Institutional pressures, such as professional and government publications, training, professional associations, and the actions of peer agencies, significantly influenced municipal and county agencies in Illinois. Funding, while often thought important to encourage preparedness, was not a significant predictor. The results of this analysis advance our understanding of homeland security preparedness via institutional theory by suggesting that the larger environment is salient.