论动植物检疫失职罪

通过对动植物检疫失职罪的概念和构成要件特征进行分析,结合司法实践阐述了本罪认定应注意的若干问题,并详尽论述了本罪成罪标准及与相关罪的区别和联系.     

Death by Ram Attack: A Case Report from Greece and a Brief Review of the Literature

A case of a ram attack that caused injuries to a 73‐year‐old man is presented. The deceased survived the attack and had the opportunity to speak with a friend over the phone before being transferred to the hospital. After a 21‐day hospitalization, the patient passed away. A postmortem examination was performed to ascertain the cause of death. The autopsy findings are presented along with a brief review of the literature. Attacks by agricultural animals (or livestock) around the world are reported in the scientific literature. Fatalities from ram attacks are extremely rare. The need to implement specific codes in the ICD system, relevant to each animal attack, appears to be of great importance, in order to allow tracking of animal‐related deaths.     

Adult-perpetrated animal abuse: development of a proclivity scale

There is a clear discrepancy in the reporting of animal cruelty complaints, prosecutions, and convictions suggesting that any prevalence figures of abuse are significant under-representations. Therefore, it can be inferred that there is a large number of animal abusers who are unapprehended. Currently there is no validated tool that assesses the proclivity or propensity to engage in animal abuse amongst members of the general public. Such a tool would enable researchers to study individuals who may think like animal abusers or may be unapprehended offenders themselves. This paper presents the newly developed Animal Abuse Proclivity Scale (AAPS) and some preliminary findings. The results from our two studies show that: (1) the psychometric properties of the AAPS indicate that the scale is a highly reliable measure; (2) the AAPS relates to measures assessing offence-supportive attitudes and reflects the gender differences seen in the literature; and (3) the AAPS demonstrates cross-national validity. These findings support that the AAPS, similar to other offending proclivity measures, is a tool that can be used to examine the factors most related to animal abuse propensity. We discuss how the AAPS can contribute to future developments in theory and practice in the field.     

Urban Irregular Warfare and Violence Against Civilians: Evidence From a Colombian City

Defining terrorism and explaining how it occurs remains a contentious issue. This article attempts to generate new understandings on these topics by applying the work of Ehud Sprinzak's delegitimatization model to the Sea Shepherds. Evidence presented in the article suggests that the Sea Shepherd's present level of political violence passed through gradual phases. In this respect, it is possible to suggest that Sprinzak's model has applicability for maritime organizations, as well as terrestrial based groups. However, we also note that on the one hand, it may be possible to argue that in some respects the Sea Shepherds may constitute either a “blind spot” in the literature on terrorism and political violence, because its actions could in some circumstances be considered activism, militant direct action, piracy, vigilantism, terrorism, or eco-defense, which makes it very difficult to classify. On the other hand, that both the Sea Shepherds and the whalers may both engage in illegal activities, but are not prosecuted, may indicate that states and the international community may have neither the will nor the means to enforce laws against them. Therefore, they may be turning a blind eye to their actions. Throughout the article we maintain that the Sea Shepherds constitute an example of a gray area phenomenon. Despite the ambiguity surrounding their legal status and academic interpretations of their actions, the results of nearly three decades of the organization's activities, including its 2007 campaign to disrupt Japanese Antarctic Whaling, suggest that the Sea Shepherds may be best categorized as a vigilante group, because they claim they are seeking to enforce a legal status quo because of states' and the international community's inabilities or unwillingness to do so.     

高效液相色谱-蒸发光散射法分析人和动物油脂种属

目的采用反相高效液相色谱-蒸发光散射方法分析人和动物油脂种属。方法采集人体和7种动物(猪、牛、羊、鸡、鸭、鹅、鱼)油脂,丙酮溶解后直接进样分析,色谱柱为C18反相柱,流动相为二氯甲烷-乙腈(30∶70 V/V),流速1.0mL/min,蒸发光散射检测器进行检测。结果采用本文方法检测POSt、MMP、StPSt、OPO 4种甘油三酯组分分离效果良好;用于油脂分析,其主要组分高级脂肪酸三甘酯均得到了有效分离,色谱峰的保留时间和相对峰面积比的重现性好;与动物油脂比较,人体油脂具有独特的色谱特征;动物之间色谱特征也有差异。结论采用本文高效液相色谱-蒸发光散射法检测油脂,可根据人体油脂与动物油脂色谱特征的差异为油脂种属鉴定提供依据。     

K9s killed in the line of duty

While police work comes with a slew of dangers, little research has focused on deaths of police dogs in the line of duty. The purpose of this paper is to begin a conversation about violence toward police dogs and the treatment of animals working with the police.

To do so, a database of 96 police dogs that died in the line of duty in the United States between 2011 and 2015 was compiled, drawn from the Officer Down Memorial Page. More police dog deaths were reported in 2014 and 2015, during summer months, with half clustering in the Southern US. The victim police dogs were mostly younger and recently employed by the policing agency. The most frequent cause of death was heat exhaustion, followed by gunfire and automobiles. Most offenders were apprehended by police or shot.

Policymakers and researchers should encourage systematic data collection for a better understanding of the extent of the issue.     

Empathy through Animals: Generating Evidence‐based Outcomes for Empathy Development

Low empathy is a prominent trait associated with juvenile offenders. Many juvenile justice service providers strive to reduce risk factors associated with juvenile delinquency, while producing evidence‐based outcomes for targeted programming. The Youth Services Agency (YSA) Nature Center provides empathy development through animal therapy to adjudicated youth. This project generates evidence‐based outcomes and quantifies the impact of animal therapy on empathy development of adjudicated youth at the YSA Nature Center by utilizing self‐assessment tools. Results indicated trends that animal therapy increases the emotional empathy of YSA clients. Qualitative evidence implied that animal therapy had notable therapeutic value to YSA clients.     

Preliminary Study on Diffuse Axonal Injury by Fourier Transform Infrared Spectroscopy Histopathology Imaging

The objective of this study was to evaluate the application of Fourier transform infrared (FTIR) spectroscopy for detecting diffuse axonal injury (DAI) in a mouse model. Brain tissues from DAI mouse model were prepared with H&E, silver, and β‐amyloid precursor protein (β–APP) immunohistochemistry stains and were also studied with FTIR. The infrared spectrum images showed high absorption of amide II in the subcortical white matter of the experimental mouse brain, while there was no obvious expression of amide II in the control mouse brain. The areas with high absorption of amide II were in the same distribution as the DAI region confirmed by the silver and β‐APP studies. The result suggests that high absorption of amide II correlates with axonal injury. The use of FTIR imaging allows the biochemical changes associated with DAI pathologies to be detected in the tissues, thus providing an important adjunct method to the current conventional pathological diagnostic techniques.     

A Molecular Method to Correlate Bloodstains with Wound Site for Crime Scene Reconstruction

Bloodstain pattern analysis to determine the wound‐of‐origin of bloodstains is problematic with nonspecific patterns. In this proof‐of‐concept study, the authors examined a molecular approach to correlate bloodstains with injuries using the rat as a model. Specifically, investigations were conducted on the rat brain marker, rno‐miR‐124‐3p, with the QIAGEN miScript System and real‐time PCR analysis. Rno‐miR‐124‐3p was detected in brain homogenates diluted 100,000 times; in 3‐week‐old, room temperature stored, simulated brain–blood stains; and in bloodstains from head gunshot wounds collected with swabs and subsequently frozen for 9–18 months; however, rno‐miR‐124‐3p was not detected in whole blood. Proof‐of‐principle was demonstrated by the ability to distinguish bloodstains from a gunshot wound to the head versus bloodstains from a gunshot wound to the chest, by the testing of otherwise identical bloodstains from the two patterns for the presence of the marker. The results suggest a viable approach to a longstanding problem in casework.     

野生动物侵权法律探讨

近年来,伴随着野生动物保护法的实施以及自然保护区的设立,野生动物的生态环境得到了根本的改善,但同时野生动物致人人身、财产损害问题也日益突显。从1997年的“思茅亚洲象”毁坏农田案到2005年上海野生动物园狮子吃人案、从东北黑熊伤人毁财案到华南虎吃牛案,野生动物致害案件屡屡不断。本文试图在这一法律空白领域“垦荒,”对野生动物侵权引发的一系列法律问题,如野生动物内涵的界定、赔偿的理论基础、抗辩事由、举证责任、赔偿的义务机关等法律问题作以探究。