青少年吸毒行为的特点、成因与预防——以陕西省为例

国内有关青少年吸毒问题的研究较少,且多从原因分析着手,强调宏观教育预防工作。就陕西省而言,基于相关问卷调查与统计分析,可以发现吸毒青少年呈现出受社会环境影响较大、经济状况较差、初始吸毒低龄化以及强制隔离戒毒青少年中农村户籍的比例较高、使用新型毒品的比例相对较高、复吸率高、戒治难度较大等特点。青少年吸毒的主要原因是对毒品缺乏判断力、自控力以及交友不慎。预防青少年吸毒,做好毒品预防教育工作至关重要。要提高毒品预防教育的针对性,需要完善四级毒品预防体系。     

智慧司法中的忧虑:想象、剖析与展望

智慧司法建设如火如荼的同时,学术界对智慧司法可能带来的负面效应过分忧虑:担忧对诉讼参与人贴标签会出现主观偏见、担心裁判算法黑箱可能会产生歧视、忧心人工智能代替法官思考甚至取代法官。上述忧虑乃是基于对智慧司法的想象。事实上,贴标签并不会产生偏见;智慧司法确实充满了黑箱,但并不构成逻辑困扰;智慧司法并没有增加裁判过程中的歧视,而是限制了本就存在的歧视行为;算法没有能力代替法官思考,更不可能取代法官。未来在讨论智慧司法建设时应当破除对新鲜事物的恐惧,摘除针对算法的有色眼镜,关注算法对司法带来的各种冲击。     

The Marquises of Viana: building distinction through the past (1875-1927)

In turn-of-the-century Spain, Teobaldo and José de Saavedra embodied an understanding of an aristocracy with one foot in the past and the other in the present. As holders of a recently created marquisate, their lifestyle exemplified the challenge faced by aristocrats who adopted practices and customs that were alien to them, whilst seeking to preserve elements of distinction they considered inalienable, such as dynastic history and dense family networks. The aim of this paper is to study the process of building aristocratic notability from a non-patrician origin. To this end, the profiles of the first and second Marquises of Viana are explored, paying special attention to their financial situation, social relations – particularly at Court – and a lifestyle steeped in their modern context. A key theme is their attention to art as a symbol of distinction, conceived as an instrument to leverage them to the position of the social elite of which they were becoming members. At the same time, the Marquises of Viana’s careers also reveal clear connections with Europe’s elite as they sought an exclusivity that would set them apart as a social group in a turbulent world.     

毒品滥用行为网络防控体系的多维建构

毒品滥用行为的网络化为其防控带来了新的命题,传统的防控体系愈发难以适应网络空间的特性,亟需根据空间要素、主体要素、对象要素的新变化构建科学的网络防控体系。在模式维度,应推动刑事政策由"重刑治毒"转向"打早打小",推动法律体系分纵向、横向两个角度实现网络化。在主体维度,应肯定网络服务提供者的独立地位,使其与毒品滥用者、毒品贩卖者、主管部门在毒品滥用行为网络防控中产生有效互动。在客体维度,应当构建毒品与毒品信息并行的二元对象模式,并且推动对象防控的信息化。     

Understanding research methods,limitations, and applications of drug data collected by the National Forensic Laboratory Information System (NFLIS-Drug)

The National Forensic Laboratory Information System (NFLIS) is a drug surveillance program of the US Drug Enforcement Administration that systematically collects data on drugs that are seized by law enforcement and submitted to and analyzed by the Nation's forensic laboratories (NFLIS-Drug). NFLIS-Drug data are increasingly used in predictive modeling and drug surveillance to examine drug availability patterns. Given the complexity of the data and data collection, there are some common methodological pitfalls that we highlight with the aim of helping researchers avoid these concerns. The analysis done for this Technical Note is based on a review of the scientific literature that includes 428 unique, refereed article citations in 182 distinct journals published between January 1, 2005, and April 30, 2021. Each article was analyzed according to how NFLIS-Drug data were mentioned and whether NFLIS-Drug data were included. A sample of 37 articles was studied in-depth, and data issues were summarized. Using examples from the literature, this Technical Note highlights eight broad concerns that have important implications for the proper applications, interpretations, and limitations of NFLIS-Drug data with suggestions for improving research methods and accurate reporting of forensic drug data. NFLIS-Drug data are timely and provide key information to inform drug use trends across the United States; however, our present analysis shows that NFLIS-Drug data are misunderstood and represented in the literature. In addition to highlighting these issues, DEA has created several resources to assist NFLIS data users and researchers, which are summarized in the discussion.     

Can computed tomography replace or supplement autopsy?

Postmortem computed tomography (PMCT) has been integrated into the practice of many forensic pathologists. To evaluate the utility of PMCT in supplementing and/or supplanting medicolegal autopsy, we conducted a prospective double-blind comparison of abnormal findings reported by the autopsy pathologist with those reported by a radiologist reviewing the PMCT. We reviewed 890 cases: 167 with blunt force injury (BFI), 63 with pediatric trauma (under 5 years), 203 firearm injuries, and 457 drug poisoning deaths. Autopsy and radiology reports were coded using the Abbreviated Injury Scale and abnormal findings and cause of death (COD) were compared for congruence in consensus conferences with novel pathologists and radiologists. Overall sensitivity for recognizing abnormal findings was 71% for PMCT and 74.6% for autopsy. Sensitivities for PMCT/autopsy were 74%/73.1% for BFI, 61.5%/71.4% for pediatric trauma, 84.9%/83.7% for firearm injuries, and 56.5%/66.4% for drug poisoning deaths. COD assigned by reviewing PMCT/autopsy was correct in 88%/95.8% of BFI cases, 99%/99.5% of firearm fatalities, 82.5%/98.5% of pediatric trauma deaths, and 84%/100% of drug poisoning deaths of individuals younger than 50. Both autopsy and PMCT were imperfect in recognizing injuries. However, both methods identified the most important findings and are sufficient to establish COD in cases of BFI, pediatric trauma, firearm injuries and drug poisoning in individuals younger than 50. Ideally, all forensic pathologists would have access to a CT scanner and a consulting radiologist. This would allow a flexible approach that meets the diagnostic needs of each case and best serves decedents' families and other stakeholders.     

法治视阈下的诱惑侦查及适用限制——基于毒品犯罪诱惑侦查的分析

诱惑侦查在我国现行法律中并没有明文规定,然而司法实务中却早已广泛适用,这难免有合理不合法之嫌。对于诱惑侦查应限于特殊类型的重大犯罪行为,并首先要界定其是“犯意诱发型”还是“机会提供型”。对于“犯意诱发型”的诱惑侦查,应当排除该案的全部证据,以证据不足做出指控罪名不能成立的无罪判决;对“机会提供型”诱惑侦查应规定基本原则和操作流程,并根据具体案情,对被告人做出合理的定罪量刑处罚。     

Court outcomes among female juveniles with sexual offences

ABSTRACT

Female juveniles with sexual offences (FJSOs) are an understudied population. The current study compares FJSOs with their male counterparts and evaluates whether male and female juveniles with sexual offences from different family types have similar charges and court outcomes. Data were obtained from a statewide court dataset in Alabama from 2004 to 2014 (n?=?205 females, 2816 males). Participants were categorised by offence category, family type, and court outcome. Chi-square tests and hierarchical logistic regressions were conducted to test for differences in offence patterns and court outcomes by gender and family type, respectively. Females committed less severe offences and received less severe punishments for a given offence compared with males. Family type and two-way interactions between family type, gender, and offence severity played limited roles in offence patterns and in court sentencing. Disposition patterns in females point towards the feasibility of providing more services for all juveniles with sexual offences.     

Validation of the 4‐aminophenol color test for the differentiation of marijuana‐type and hemp‐type cannabis

The analysis of cannabis plant material submitted to seized‐drug laboratories was significantly affected by the signing of the Agricultural Improvement Act of 2018, which defined hemp and removed it from the definition of marijuana in the Controlled Substances Act. As a result, field law enforcement personnel and forensic laboratories now are in need of implementing new protocols that can distinguish between marijuana‐type and hemp‐type cannabis. Colorimetric tests provide a cost‐effective and efficient manner to presumptively identify materials prior to submission to a laboratory for analysis. This work presents the validation of the 4‐aminophenol (4‐AP) color test and demonstrates its utility for discriminating between marijuana‐type and hemp‐type cannabis (i.e., typification). Validation studies included the testing of numerous cannabinoid reference materials, household herbs, previously characterized cannabis plant samples, and real‐case samples. The 4‐AP test reliably produces a pink result when the level of Δ⁹‐tetrahydrocannabinol (THC) is approximately three times lower than the level of cannabidiol (CBD). A blue result is generated when the level of THC is approximately three times higher than that of CBD. Inconclusive results are observed when the levels of THC and CBD are within a factor of three from each other, demonstrating the limitations of the test under those scenarios.     

Women Offenders Who Use and Deal Methamphetamine

Abstract

This article describes the patterns of methamphetamine use among a group of women offenders and their involvement in manufacturing and distributing the drug. All of the women (N = 64) had used methamphetamine frequently for some time during their lives and were recently mandated to a prison- and a community-based drug treatment program in Portland, Oregon. The vast majority of women used methamphetamine regularly during the past year, and most of them had been involved in the production or distribution of the drug. Many of them continued to be involved in dealing methamphetamine over time. Implications for mandated drug treatment are discussed.