Fatal Electrocution by a Support Metal Wire

Abstract: Electrocution is not an uncommon cause of death. A case of fatal electrocution by a metal wire that was used as a support for the insulated television cable wire is reported. Electric current flowed through the metal wire when it touched the residential power line. Electrical injury caused because of contact with the live metal wire is described with histopathological findings. This case reports the circumstances that led to accidental fatal electrocution in an outdoor setting during the rainy season. Significance of death scene investigation to confirm the cause and manner of death in cases of fatal electrocution is highlighted. Public awareness programs to lay emphasis on electrical safety in domestic environment need to be introduced to prevent fatalities resulting from ignorance and/or negligence.     

毒品犯罪死刑司法适用标准研究

死刑是我国遏制毒品犯罪的一项重要刑罚措施,然而,由于司法实践中对毒品犯罪死刑适用标准的理解存在偏差,如机械理解《刑法》第347条的规定,导致毒品犯罪死刑适用标准过低,对毒品犯罪中不应当判处死刑与判处死刑“不是必须立即执行”的界限把握不当等。虽然毒品犯罪死刑适用情形较多,但控制毒品犯罪的效果并不明显。为充分保障人权及有效发挥死刑在预防毒品犯罪中的作用,必须在以人为本的理念下,坚持等价性、必要性和不得已性三个原则,根据《刑法》第48条之规定所体现的严格限制死刑的精神,正确理解《刑法》第347条第2款关于毒品犯罪死刑适用条件的规定,合理确立毒品犯罪死刑适用标准。     

新生儿呼吸系统疾病死亡的法医病理学分析

目的分析和探讨呼吸系统疾病引起新生儿死亡的病理学特点,为法医学死亡原因鉴定和相关医疗纠纷鉴定提供科学依据。方法回顾性总结分析1993～2008年16年间攀枝花市公安局尸检档案中85例新生儿死亡案例。结果呼吸系统疾病是引起新生儿死亡的首要因素（共56例,占65.88%）,其中新生儿吸入性肺炎20例（23.53%）、新生儿感染性肺炎14例（16.47%）、新生儿窒息12例（14.12%）、新生儿肺透明膜病6例（7.59%）、新生儿肺出血4例（4.71%）。结论新生儿尸检应重视呼吸系统的检查,根据新生儿发病特点和肺部病理变化明确临床诊断和死亡原因。     

侵权死亡赔偿的理论学说与制度设计：基于个人福利角度的分析

死亡赔偿不是对死者本身的赔偿,而是对死者近亲属的赔偿。其请求权基础是死者近亲属受到了相关的损害,立法宜采固有损害说。死者近亲属遭受的损害包括增量损失、物质损害和精神损害,都应针对个案评估相应赔偿额,用以填补受害者损害,使其恢复原有的福利水平,在立法上可采福利水平维持说。赔偿绝不能实行全民统一的赔偿额度,侵权法不应该有改善社会收入差距的冲动。     

死刑的存与废：基于死刑威慑论的再思考

死刑的存与废,历来就是一个敏感而复杂的问题。在今天全球广泛探讨死刑存在的合理性与合法性的时候,笔者的视角再次投向死刑,从死刑是否真正具有最大的刑罚威慑作用进行探讨,并为引导民意从崇尚死刑走向正确看待死刑提供科学理论指导。     

中国死刑适用问题实证研究——对京、鄂法律实务界的调查访谈

我国刑法规定的死刑适用条件不方便实践操作,适用标准难以做到统一,罪名范围过宽,存在不平等的现象。我国刑法规定的绝对死刑条款具有合理性;确定死刑的对象应综合考虑多种因素;其适用应适当考虑民众因素。废除非暴力犯罪的死刑、限制暴力犯罪的死刑适用是未来努力的方向;最高人民法院收回死刑复核权是确保死刑适用标准统一的有效途径。     

A Mixed Methods Exploratory Examination of Victim Injury and Death: Effect of Weapon Type and Victim Resistance During Sexual Assaults by Strangers

Extending prior research regarding victim injury during sexual assault, the current study employed mixed-methods sequential explanatory research design to identify predictors of victim injury and victim death in 361 attempted and completed sexual assaults committed by 72 repeat sex offenders who assaulted strangers. Results from multinomial path analysis indicated that being female and offender coercion increased the likelihood of victim resistance, which in turn elevated the likelihood of victim injury. Divergent from the predictors of victim injury, the risk of victim death increased with victim age, offender alcohol use, and offender weapon possession. Exploratory analyses suggest that certain weapons resulted in higher probability of victim injury or victim death within the context of victim resistance. Exploratory analysis of qualitative data indicated that crime event order was not uniform—in some cases victim resistance preceded victim injury and in some assaults victim injury occurred prior to or was unrelated to victim resistance. The study findings highlight the need for further investigation of victim survival strategies when offenders possess different types of weapons.     

Elevator-Related Deaths

Elevators are mechanical transportation devices used to move vertically between different levels of a building. When first developed, elevators lacked the safety features. When safety mechanisms were developed, elevators became a common feature of multistory buildings. Despite their well-regarded safety record, elevators are not without the potential for danger of injury or death. Persons at-risk for elevator-related death include maintenance and construction workers, other employees, and those who are prone to risky behavior. Deaths may be related to asphyxia, blunt force, avulsion injuries, and various forms of environmental trauma. In this review, we report on 48 elevator-related deaths that occurred in nine different medicolegal death investigation jurisdictions within the United States over an approximately 30-year period. The data represents a cross-section of the different types of elevator-related deaths that may be encountered. The review also presents an overview of preventive strategies for the purpose of avoiding future elevator-related fatalities.     

Arid Climate Adipocere—The Importance of Microenvironment

Skeletal remains were retrieved from a cave in an arid desert environment. The submitted material consisted of dried grass, soil, and malodorous skeletal remains wrapped in leather. After examination, it was revealed that the smell had not been due to recent decomposition but to adipocere. The cause of death was listed as “undetermined” and a suggested date of death as “unknown.” Although adipocere usually requires a damp environment or submersion in water to develop, this case provides further evidence for the rare possibility of adipocere formation in an otherwise very dry environment. Wrapping of the body in leather material had produced an impermeable barrier which had sequestrated and preserved bodily fluids allowing anaerobic decay with fat hydrolysis and adipocere formation. Microenvironments may have potentially significant and quite idiosyncratic effects on decompositional processes which may initially confuse investigations.     

The Impact of Discontinuation of the Medical Examiner System: Cases of Drowning in the Bathtub at Home

The incidence of death by drowning greatly varies among different prefectures in Japan, mainly due to climate difference. However, there could be other factors affecting the incidence of deaths besides climate, for example, differences in regional death investigation systems. Here, we aimed to elucidate other such factors affecting the mortality data of drowning in the bathtub, especially the effects of discontinuing the medical examiner system. Police data in Kyoto and ambulatory care information in Yokohama were used. Data on cases of elderly individuals found dying or dead in the bathtub at home in winter 2014–2015 were obtained. The following data were collected for each case: age, gender, presence/absence of ambulatory transport, performance of autopsy, and cause of death. The autopsy and drowning rates in Kyoto were 0%, whereas both values in Yokohama were significantly higher at 93.1% and 89.4%, respectively (the denominator of each of the rates is the total number of elderly (aged 65 or over) individuals found dying or dead in the bathtub at home in each city during each winter). Despite no significant difference of incidence of total bath-related death, the proportion of drowning-related deaths was overwhelmingly higher in Yokohama than in Kyoto. The difference can be attributed to the difference in autopsy rates between the two cities, mainly caused by the presence/absence of a medical examiner system. Therefore, we should pay careful attention to future changes in autopsy/drowning rates in Yokohama, and ascertain whether the change might be continuously influenced by the abolishment of this system.