The probative character of Forensic Handwriting Examiners' identification and elimination opinions on questioned signatures

This 5-year study investigated the character of Forensic Handwriting Examiners' (FHEs) authorship opinions on questioned signatures through the medium of blind validation trials. Twenty-nine thousand eight hundred and eleven authorship opinions were expressed by FHEs on trial kits comprising randomized questioned genuine signatures (written by the specimen writer), disguised signatures (written by the specimen writer) and simulated signatures (not written by the specimen writer). Results showed that, as a group, FHEs were significantly more confident at identifying writers' genuine signatures than identifying writers' disguised signatures or eliminating specimen writers from having authored simulated signatures. It is proposed that the difference in FHE confidence arises from the difficulty they have in deciding which alternative authorship explanation accounts for perceived combinations of similar and dissimilar features between specimen and questioned signatures.     

How Muslim Defenders Became “Blood Spilling” Crusaders: Adam Gadahn's Critique of the “Jihadist” Subversion of Al Qaeda's Media Warfare Strategy

Adam Gadahn's Abbottabad letter offers a rare opportunity to examine how this Al Qaeda Senior Leadership (AQSL) media operative and spokesman conceptualizes and executes media warfare. In this article, I first introduce, depict, and employ the author's Terrorist Quadrangle Analysis (TQA) as a useful heuristic for conceptualizing and representing the four interrelated components of the AQSL terrorist enterprise: political objectives, media warfare, terrorist attacks, and strategic objectives. This TQA construct is then employed to conceptualize Gadahn's media warfare acumen. Gadahn is shown to be an adept communications warfare operative who conscientiously disaggregates and evaluates key target audiences, messengers, messaging, and media. Gadahn's vehement critique of select “jihadi” groups, in particular Tehrik-i-Taliban (TTP), al-Shabaab, and the Islamic State of Iraq (ISI), is then described. Key here is how and why Gadahn denounces their indiscriminate, murderous terrorist attacks on Muslim non-combatant civilians and other protected persons as effectively subverting his intended AQSL media warfare strategy and undermining AQSL strategic and religio-political objectives. A concluding section briefly summarizes these chief findings, offers select implications for scholarship and counter-AQSL messaging strategy, and identifies study limitations.     

The counter-hegemonic role of civil society: Palestinian–Arab NGOs in Israel

This paper deals with the causes and impact of the rise in the number of Palestinian–Arab Non-Governmental Organizations (NGOs) in Israel in the last two decades. It provides a multi-level model that combines economic, political and cultural factors to explain the shifts in Palestinian-Arab political mobilization in Israel and as a result to the rise of a complex network of Arab NGOs. The paper demonstrates the way in which the civil institutions and their intensive involvement in public social affairs generate social capital that has internal as well as external political impact. Arab civil society institutions, which operate mainly separately from civil institutions of the Jewish majority, assist in the empowerment and the development of Arab society. They provide services in different fields, such as education, health, and planning. They also advocate and lobby for the rights of the Arab citizens inside Israel and internationally. Arab civil society institutions also provide information necessary for political mobilization, identity formation, and cultural preservation. In this framework the paper claims that they play a counter-hegemonic role vis-à-vis the Israeli state. However, the paper also claims that the broad advocacy and lobbying activity of Arab civil institutions did not manage to fully democratize Israeli policies towards Arab society, demonstrating the centrality of state identity and power structure when it comes to democratization processes. On a different level, the paper reveals that, although the Palestinian–Arab NGOs network has managed to lead to a liberalization process within Arab society, this process is partial and selective.     

医疗侵权案件地方司法指导文件证据规定研究

我国部分地方法院制定了有关医疗损害赔偿纠纷案件审理的地方性司法指导文件,其中关于举证责任分配等证据内容既有成功之处,也存在一些问题。这些文件制定的成因主要是基础法律法规的变动,相关司法解释的缺位以及现实案件审理的强烈需求。这些规定也将为国家制定相关司法解释提供有益的借鉴。     

书证搜集裁判:模式比较与本土改造

引入两大法系共通的书证搜集裁判,有利于解决我国当事人提交书证能力不足的现实问题。在裁判模式上,大陆法系和美国在基本问题上达成共识,其书证搜集裁判的适用范围大致相似,并且裁判本身都在解决纠纷过程中发挥决定作用。在裁判效果上,妨碍书证搜集的一方应当在不同情况下分别于证据、事实、请求和程序层面承担不利后果。从现有制度出发,法院依申请取证制度应当引入比较法上书证类型的共识并且区分法官的裁判义务事项和自由裁量事项,同时从条件和过程两方面控制法官的裁量权,强调以裁判的形式加以保障。我国《证据规定》第75条正是书证搜集裁判的现行法基础,有必要重塑和细化其规范要件,并且建构层次清晰的裁判效果体系。     

起诉抽象行政行为:行政相对人和人民检察院谁更适合?——关于行政诉讼法修改建议的一点探讨

将抽象行政行为即行政规范性文件纳入司法机关的审查范围,业已成为学界有关行政诉讼法修改的共识。但是,由于检察机关在国家政权体制中的地位和作用以及检察权的性质等因素,由人民检察院作为规范性文件的起诉原告,并不合适。相比较而言,赋予公民个人等其他行政相对人起诉行政规范性文件的原告资格,更为合适。在确保行政相对人优先起诉规范性文件权利的同时,还须进行一些必要的制度设计,以防止诉权的滥用。     

公安教育体制改革背景下对文件检验教学工作的思考

文件检验课程是公安院校根据实战的需要为刑事科学技术和刑事侦查专业开设的公安业务主干课,该门课程具有较强的应用性、极强的经验性。在当前公安院校招录体制改革背景下,文件检验课程需要引入先进教学技术和理念,提高教学效果,根据公安实战的需要,增加实践教学项目,完善实践教学考核体系。     

论打击制贩假证犯罪破案战役中存在的问题——以S省为研究范围

目前打击制贩假证犯罪破案战役的运用还不尽理想，存在种种问题：将开展打击制贩假证犯罪破案战役等同于“严打”，重打轻防；对破案战役功能寄予不合理的期待；刑侦主力军作用未得到发挥，合成战效能没有充分发挥出来；打击制贩假证犯罪破案战役的决策没有遵循科学化原则。     

The Influence of Lying Body Position on Handwriting

Although the problem of handwriting variability due to lying body position has practical significance, particularly for last will cases, it has not been sufficiently studied. The presented experiment aimed to recognize how such posture may influence handwriting features. Samples of text and signatures were collected from 50 healthy individuals, aged 23–58, produced in three postures: typical sitting position (SP) and two different lying positions (LP1 & LP2). Using the SP sample of each individual as a specimen, eleven characteristics in LP1 and LP2 samples were evaluated as similar or different. Nine other features were measured with a specialized software, and their conformity was tested with Student's t‐test. Although none of the characteristics differed significantly in most cases, variation occurred in pen pressure, margins, baselines, and heights of letters. Additionally, a series of blind tests revealed that lying position of the individuals did not hinder the possibility to identify their writings.