Using ninhydrin to detect gravesoil

Some death scene investigations commence without knowledge of the location of the body and/or decomposition site. In these cases, it is necessary to locate the remains or the site where the body decomposed prior to movement. We hypothesized that the burial of a mammalian cadaver will result in the release of ninhydrin reactive nitrogen (NRN) into associated soil and that this reaction might have potential as a tool for the identification of clandestine graves. Juvenile rat (Rattus rattus) cadavers were buried in three contrasting soil types in Australian tropical savanna ecosystems and allowed to decompose over a period of 28 days. Soils were sequentially harvested and analyzed for NRN. Cadaver burial resulted in an approximate doubling (mean = 1.7 +/- 0.1) in the concentration of soil NRN. This reaction has great potential to be used as a presumptive test for gravesoil and this use might be greatly enhanced following more detailed research.     

辨析疏忽大意的过失与意外事件

司法实践中,因为对疏忽大意的过失和意外事件的认定不准,经常发生误判和错判,影响执法的严肃性.应明晰两者的关系,确保法律的正确实施,实现其公平正义.     

论德日犯罪论体系中的犯罪成立消极因素

德日三阶层的犯罪论体系是大陆法系犯罪论体系的典型代表,它由构成要件该当性、违法性和有责性组成,不但强调犯罪成立的积极因素,更强调犯罪成立的消极因素.德日犯罪论体系中犯罪成立消极因素主要有消极的构成要件要素、违法阻却事由、责任阻却事由.犯罪成立消极因素的存在使得犯罪论体系兼具了惩罚犯罪与保障人权的功能,同时也保障了被告人...     

医疗侵权损害赔偿制度立法问题剖析——兼论医疗机构化解责任风险的途径

当前，我国司法实践中医疗侵权纠纷案件适用法律很混乱。主要原因是我国医疗侵权损害赔偿制度由多层次立法文件交叉规定，且各条款不一致。笔者认为，由国务院颁布的《医疗事故处理条例》中的医疗事故损害赔偿条款属于违宪违法的条款，应当尽快废止。而医疗侵权损害赔偿应统一适用民事基本法中的一般人身损害赔偿条款。此外，建立医疗责任保险制度是在市场经济体制中医疗机构化解责任风险的较优选择。     

Mites (Acari) as a Relevant Tool in Trace Evidence and Postmortem Analyses of Buried Corpses

This report interprets the presence of mite species in three clandestine graves in Europe, evaluating their potential use as trace evidence or markers. Grave 1 (Sweden): Two mite species Rhizoglyphus robini Claparède, 1869 and Parasitus loricatus (Wankel, 1861) were recovered from the surface of a body buried in a shallow grave in an area surrounded by trees, in close vicinity to house gardens. Grave 2 (Germany): Phoretic deutonymphs of Gamasodes spiniger (Trägårdh, 1910) were attached to an adult fly (Diptera: Sphaeroceridae) found within a shallow grave containing two human bodies covered in soil and dung. Grave 3 (France): P. loricatus were recovered from the soil around a body buried in a deep grave (80 cm under). In graves 1 and 3 both corpses were undergoing advanced decay and skeletization, the locations match with the subterranean habit of P. loricatus, highlighting the value of this species as a marker of graves or burials in soil and during late decomposition. R. robini is a soil mite that feeds on decayed roots and bulbs; this mite species confirms the location of the corpse within top soil, agreeing with a more specific type of superficial burial, a shallow grave. In case 2, the presence of both coprophiles, the mite G. spiniger and the carrier fly confirm association of remains with dung or animal feces. The three mite species are reported for the first time in human graves. There are no previous records of R. robini from Sweden.     

Geomatic techniques in forensic science: A review

The purpose of this review paper is to highlight various geomatic techniques that crime scene reconstructionists or forensic practitioners can use to document different kinds of scenes, highlighting the advantages, disadvantages, and when best to use each technology. This paper explores geomatic techniques such as a total station, photogrammetry, laser scanners and structured light scanners and how they can be used to reconstruct crime scenes. The goal of this paper is not to discredit manual methods, as they are long standing and reliable, but instead to shed light on alternative methods that may produce equally or more accurate results with a more visually appealing final product. It is important for law enforcement and forensic professionals to understand the advantages and disadvantages of each technique, knowing when certain techniques should be used (and when they should not), and being able to revert to traditional methods if required.     

An Unusual Suicide Inside a Grave with Two Gunshot Wounds to the Head—The Psychological Approach

Abstract: In this report, the authors present a case of suicide committed by a 66-year-old man, inside a grave at the local cemetery, with two gunshot wounds to the head. A multiple-paged, handwritten suicide note was found in an army type bag inside the victim’s car, while a second one was found in his house. Medicolegal examination of the body revealed two typical contact gunshot entrance wounds and one exit wound to the head. Toxicological analysis of the femoral blood was negative for alcohol and drugs. The history, scene and autopsy findings, along with further police investigation, indicated an obvious case of suicide. The literature is reviewed and discussed. We report this case as the place of suicide is extremely uncommon and as there is no mention of a gunshot suicide inside a grave in the current literature.     

Single‐Image Rectification Technique in Forensic Science

Many researchers have been working in Spain to document the communal graves of those assassinated during the Spanish Civil War. This article shows the results obtained with two low‐cost photogrammetric techniques for the basic documentation of forensic studies. These low‐cost techniques are based on single‐image rectification and the correction of the original photo displacement due to the projection and perspective distortions introduced by the lens of the camera. The capability of image rectification is tested in an excavation in the village of Loma de Montija (Burgos, Spain). The results of both techniques are compared with the more accurate data obtained from a laser scanner system RIEGL LMS‐Z390i to evaluate the error in the lengths. The first technique uses a camera situated on a triangle‐shaped pole at a height of 5 m and the second positions the camera over the grave using a linearly actuated device. The first technique shows measurement errors less than 6%, whereas the second shows greater errors (between 8% and 14%) owing to the positioning of the carbon‐fiber cross on an uneven surface.     

阻却违法事由探究

阻却违法事由包括合法的阻却违法事由和超法规的违法阻却事由。阻却违法事由的理论根基在于社会相当性;阻却违法事由的范围应是开放性的;在罪刑法定的前提下,超法规阻却违法事由与罪刑法定是并行不悖的。因而阻却违法事由在我国刑法理论中的体系安排是恰当的。     

对违法行政行为法律监督问题的探讨

检察机关作为国家的法律监督机关,其职责是加强对违法行政行为的监督,促进行政机关依法行政,实现权力制衡和权利保障,对于构建和谐社会、完善法律监督体系、推进依法治国具有重要意义。