Factors Influencing the Filing of Complaints,Their Investigation,and Subsequent Legal Judgment in Cases of Sexual Assault

In Geneva, examination of victims of sexual assault is performed by a gynecologist and a medical examiner. 48% of the victims file a complaint and we wanted to investigate the factors leading to file a complaint, those leading the Prosecutor to go to trial, and those influencing a conviction. Between 2006 and 2012, 676 victims of sexual assault were investigated (averaged age 26 year, mean 22). Information on injuries, perpetrators, and circumstances of the assault was collected and analyzed. The attacker being the ex‐spouse or a friend and the presence of semen were factors leading to file a complaint. The assailant being a family member or ex‐spouse and the presence of genital/anal lesions were factors influencing the Prosecutor. The presence of nongenital lesions, the assailant being known by the victim, influenced conviction. This study shows that the medical examiner plays a vital role in the investigation of cases of sexual assault.     

Sex differences in self-reported delinquency and official records: A multiple-group structural modeling approach

There has been a large increase in research in the last 10 years or so on the nature, extent, and causes of female delinquency, especially on how patterns differ from those of male delinquency. Few research efforts, however, have systematically examined sex differences in the reliability and construct validity of the most common technique used in causal research-the self—report method. The present study addresses this issue by empirically examining male-female differences in self-report reliabilities and the effect of the prevalence and incidence of delinquent behavior on official contact (i.e., arrest, court referrals). Multiple-group covriance structure models are employed to test hypotheses of measurement and structural invariance. The major conclusion is that while self-report measurement parameters (e.g., reliabilities) may differ, the structural link between the prevalence and incidence of delinquent behavior and official contact is generally invariant with respect to sex.     

IoT forensics: Exploiting unexplored log records from the HIKVISION file system

CCTV surveillance systems are IoT products that can be found almost everywhere. Their digital forensic analysis often plays a key role in solving crimes. However, it is common for these devices to use proprietary file systems, which frequently hinders a complete examination. HIKVISION is a well-known manufacturer of such devices that typically ships its products with its proprietary file system. The HIKVISION file system has been analyzed before but that research has focused on the recovery of video footage. In this paper, the HIKVISION file system is being revisited regarding the log records it stores. More specifically, these log records are thoroughly examined to uncover both their structure and meaning. These unexplored pieces of evidence remain unexploited by major commercial forensic software, yet they can contain critical information for an investigation. To further assist digital forensic examiners with their analysis, a Python utility, namely the Hikvision Log Analyzer, was developed as part of this study that can automate part of the process.     

From electronic health records to personal health records: emerging legal issues in the Italian regulation of e-health

In 2012, the Italian Legislator has provided an appropriate legal framework for the realisation of the national Electronic Health Records (EHR) system, in which the patient plays a pivotal role: with the implementation of the Fascicolo sanitario elettronico (FSE), patients will have access to their EHRs through the online platform, and decide which data to share and with whom. In this perspective, one of the most interesting innovations is the so-called ‘taccuino’, a digital space of patients’ FSE in which they can autonomously record data and information relating to their health. Patients’ ability to access their own health data and EHR at any time and to enter information by themselves in a personal area is a unique form of power at a European level, but their legal consequences are still vague. The aim of this contribution is to offer a first review of the Italian e-health reform, showing the most critical aspects.     

涉诉信访与法治的中国路径——以和谐社会的构建为背景

构建和谐社会不仅是我国当前治国理念之表达,也是促使法学界重新审视法治的中国路径之契机。而涉诉信访就是我们在探究法治的中国路径时所必须正视的一个典型问题。它是我国一段时期以来诉权与司法权之间的扭曲关系、重实体正义而轻程序正义的制度设计、诉讼审判与非诉讼纠纷解决机制之间纠缠不清之状况的反映和产物。应借助和谐社会的理念．对涉诉信访这一中国的特有制度予以创造性的转化,将其整合为我国法治进程中更为积极和谐的因素,促使诉权与司法权形成良性互动,诉讼审判与非诉讼纠纷解决机制相得益彰,彼此促进,把强调实体正义与追求程序正义有机地统合协调起来。     

行政案卷排他制度的理论分析

在追求人权、民主的呼声越来越高的时代背景之下,人们对程序公平也越来越重视,行政案卷对行政行为进行控制,不仅对行政权的无限扩张进行有效地控制,也彰显出程序法在现代社会的重要地位。作者在文中从行政案卷的基础理论入手,探讨行政案卷排他制度的价值理论,以求在今后实践中实现行政案卷制度寻求理论基础。     

A Review of Proposed Positive Dental Identifications from the World War II Era

In 1949, the American Graves Registration Service Pacific Zone proposed the identification of 27 sets of remains (skulls/crania/mandibles) based on comparisons with written dental records. All were denied, and the remains were buried as unknowns. In 2003 and 2015, the remains were exhumed by the DPAA. Currently, 26 individuals previously recommended for identification have been positively identified. The DPAA Science Director's opinion corresponded with 24 of their recommendations, while DNA excluded three. Caution should be taken by the forensic scientist when building assemblages through skeletal and dental articulation. The forensic odontologist must always consider variations in restorative care/extraction patterns and the possibility of documentation errors when reviewing/interpreting historical and current day dental records used for AM/PM comparisons. The odontologist should base their opinion on the strength of the antemortem/postmortem comparison, number and type of concordances, and distinct dental care and extraction patterns.     

Employer aversion to criminal records: An experimental study of mechanisms

The mark of a criminal record is clearly harmful for employment. The reasons for employer aversion, however, are not well established even though legal, policy, and scholarly responses rely on particular explanations. We propose that explanations for aversion often fit under a repetition risk framework in which employers use records as neutral sources of information about prior illegal activity and make decisions to minimize risk of similar future conduct. A second explanation is stigma, in which the records themselves, independent of conduct, trigger stereotypes, status loss, and discrimination. Using an experimental employer survey, we find that employers evaluate applicants with records more negatively than they do applicants with similar behavior signaled through non-criminal-justice sources (e.g., social media); this effect remains after accounting for predictions about future conduct. It is also most apparent among higher status jobs rather than among manual labor jobs, and it persists after adjusting for firm-level and legal constraints. We conclude that aversion reflects not only repetition risk but also the stigma of criminal justice contact. Insofar as criminal record screening is not exclusively a form of rational risk management, this finding may lead to altered assessments of the benefits of screening relative to the costs of perpetuating inequality produced by the criminal justice system.