宽严相济刑事政策与检察工作

宽严相济刑事政策经历了从"镇压与宽大相结合"到"惩办与宽大相结合"再到"宽严相济"的历史发展过程,其传统内容"首恶必办,胁从不问,坦白从宽,抗拒从严,立功折罪,立大功受奖"不能适应时代需要,应予以重构.在检察工作中贯彻宽严相济刑事政策,要把握好"宽"和"严"两个方面,将有限的司法资源从轻微犯罪中抽身出来,集中投入到严重犯罪的预防和控制中去.     

中国非刑罚化的涵义探解

作为中国刑法的发展趋向,非刑罚化是针对中国刑法的现实为化解刑罚趋重的状况应运而生的轻刑化趋势,因此,非刑罚化问题逐渐受到理论界和实务界的重视;通过对中国非刑罚化的语义分析和内涵解读全面审视非刑罚化的理论意义.     

Ultraviolet 365 as an Alternative Light Source for Detection of Blood Serum

The use of alternative light sources (ALS) in bloodstain analysis has focused on dried (whole) blood, while information on detection of blood serum is lacking. Serum detection by ALS could provide valuable information at a crime scene, as serum may become separated from blood during clotting and cast off, especially in cases where the victim is moved. Additionally, a perpetrator may concentrate on the removal/scouring of dried blood with small amounts of serum going unnoticed, as it dries relatively clear on certain objects. In this report, the detection of human blood serum was evaluated using ultraviolet (UV) light at two different wavelengths. These results show that ultraviolet (UV) at 365 nm (UV365) was effective in the detection of even small amounts of blood plasma and serum, compared with UV at 395 nm, which was not. UV365 was also found to be useful in distinguishing blood imprints from clotting blood which had been transferred to material versus blood that had been added directly. Taken together, these results demonstrate that UV365 may be utilized as a simple, nondestructive method for blood serum detection.     

Determining the Effectiveness of Noncontact Three-Dimensional Surface Scanning for the Assessment of Open Injuries

Noncontact three-dimensional (3D) surface scanning methods are used within forensic medicine to record traumas and other related findings. A structured light scanning technique is one of these methods and the most suitable for the forensic field. An assessment of the efficiency of different structured light scanners with forensic injuries is essential to validate this technique for wound documentation. The purpose of this study was to evaluate the capability of the HP structured light scanner Pro S3 for digitizing open injuries having complicated areas and depths. Fifteen simulated injuries on mannequins were scanned and assessed. Comparisons between 3D and direct wound measurements were made. The results showed that the technique was able to create detailed 3D results of the extensive injuries. Statistical significance tests revealed no difference between the two measurement methods. Because the scanner is applicable for routine work, it should be considered to confirm the same results on real cadavers and actual wounds.     

Assessment of PowerPlex® Fusion 5C’s ability to type degraded DNA

DNA samples collected at crime scenes are often degraded so this research focused on the ability of the Promega PowerPlex® Fusion 5C amplification kit to type both naturally and artificially degraded DNA.DNA was degraded naturally by placing equal volumes of blood on white fabric that was stored either inside, outside in a shaded area, or outside in direct sunlight. Samples were then collected every 10 days for 60 days and the DNA extracted (QIAamp® DNA Investigator). Artificially degraded samples were created by exposing extracted DNA to either UV light or 95 °C heat for varying times. DNA was also degraded artificially by placing blood samples into a 50% bleach solution for varying times prior to extraction.Following sample treatment, standard forensic DNA analysis was performed including quantification (Investigator® Quantiplex) and amplification (PowerPlex® Fusion 5C). Separation and detection were performed on an ABI 3130xl capillary electrophoresis unit and analysis was performed using GeneMapper ID v3.2.1.While the time and shade samples showed similar amounts of degradation, the samples exposed to direct sun showed more degradation. The artificially degraded samples showed more signs of degradation such as reduced overall peak height and peak height imbalance at heterozygous loci. There were also some cases where an allele that was known to be in the profile exhibited total dropout. Although there were some instances of both allelic dropout and heterozygote peak imbalance, PowerPlex® Fusion was able to reliably type degraded DNA as all alleles detected were consistent with the known donor profile. The results show that PowerPlex® Fusion is a robust kit capable of handling forensically challenged samples.     

The Effect of Time and Temperature on the Persistence and Quality of Latent Fingerprints Recovered from 60-Watt Incandescent Light Bulbs

To understand how time and temperature could affect latent fingerprints, wooden pallets were used to construct five units that each housed ten 60-watt incandescent light bulbs. Fingerprints were deposited on the top, middle, and base of the globes. The bulbs were powered on (except the control bulb in each unit) for 18, 48, 72, 120, 168, 336, 504, and 672 h. Fingerprints recovered from the bulbs by tape lift after black powder processing were given a quality score. A thermal imaging camera determined temperatures on three areas of the bulbs. Fingerprints on the top of the globe (156.3°C) had the lowest quality score, and fingerprints on the middle of the globe (112.6°C) had the highest quality score. The mean quality scores of the three temperature classes were within one standard deviation of one another, meaning there is no way to estimate fingerprint age based on its quality after heat exposure.     

论现阶段我国青少年犯罪的预防与改造

青少年犯罪是目前困扰世界各国的一大社会问题。改革开放以来,我国对青少年犯罪实行综合治理,虽然曾一度控制了青少年犯罪增长的势头。但是,现阶段青少年犯罪问题仍很突出。     

穴位注射配合普通针刺治疗脊髓损伤60例

目的 观察穴位注射配合普通针刺疗法对脊髓损伤患者运动和感觉功能的影响。方法 将60例脊髓损伤患者随机分为对照组和治疗组,每组30例。对照组采用普通针刺治疗,治疗组加用穴位注射疗法。治疗前后分别采用美国脊髓损伤委员会(American Spine Injury Association, ASIA)脊髓残存分级标准评定两组脊髓功能,观察并比较两组患者的轻触觉、针刺觉和运动评分。结果 治疗后两组ASIA残存分级均较治疗前显著改善（P<0.05）,治疗后两组轻触觉、针刺觉、运动评分均较治疗前显著升高（P<0.01）,治疗组在升高轻触觉、针刺觉、运动评分方面显著优于对照组（P<0.05,或P<0.01）。结论 穴位注射配合普通针刺能有效改善脊髓损伤患者的运动、感觉功能。     

鞋内底足迹显现效果的影响因素

目的探究鞋内底足迹的显出情况及可能影响显现效果的因素,寻找有效的鞋内底足迹显现方法。方法收集PU材质的皮鞋鞋垫、EVA材质的运动鞋鞋垫、解放牌胶鞋鞋垫共144只,用多波段光源法、茚二酮法、茚三酮法三种方法分别对穿用时间为一周、一个月、三个月、六个月的鞋内底足迹进行显现,按照显现方法、材质、穿用时间进行分类讨论并对数据进行统计和分析。结果采用多波段光源法、茚二酮法、茚三酮法分别成功显出15、14、19例,有效显出率分别为31.25%、29.17%、39.58%,PU材质、EVA材质、解放牌胶鞋三种材质分别成功显出15、23、10例,有效显出率分别为31.25%、47.92%、20.83%,穿用时间为一周、一个月、三个月、六个月的检材分别成功显出3、6、13、26例,有效显出率分别为8.33%、16.67%、36.11%、72.22%。多波段光源法、茚二酮法、茚三酮法对鞋内底足迹显出率的影响,其差异无明显统计学意义;EVA材质运动鞋鞋内底足迹显出率高于PU材质皮鞋鞋内底足迹显出率,高于解放牌胶鞋鞋内底足迹显出率,并且差异具有统计学意义;穿用时间长的检材显出率高于穿用时间短的检材并且差异具有统计学意义。结论鞋内底足迹的显现效果与鞋内底材质、穿用时间因素有关,多波段光源法、茚二酮法、茚三酮法均能对鞋内底足迹有效显出。     

直接耐晒黄ARL显现加层油手印的研究

目的建立显现渗透性较强客体上加层油手印的一种优化配方。方法利用单因素实验法对直接耐晒黄ARL显现液中的4种成分的用量分别进行筛选，得到一种最佳配比，再通过时效性实验，观察油手印的不同遗留时间对显现效果的影响。结果实验得到优化配方是，4mL0．59／5直接耐晒黄ARL液＋4mL甲醇＋1．6mL氯化锌溶液，充分搅拌后加入0．6mLSD-8去油灵。结论该配方显现出的纹线清晰，直接耐晒黄ARL显现液对不同客体上的新鲜、较陈旧加层油手印都有较好的显现效果。