追缴赃款赃物的实务困境及制度完善

由于我国现行法律未对赃款赃物的追缴问题作出具体明确的规定,导致实务中陷入困境。在我国司法资源相对匮乏的现状下,赃款赃物的认定机关应根据处理对象的不同而有所区别,有最终程序处理权的机关就应有认定权,认定机关的不同决定应该适用不同的程序,包括普通程序、特别程序和独立程序。从我国现状出发,在程序正当和监督齐备的条件下,赋予侦查机关、起诉机关和审判机关针对法定情况适用不同的程序来认定和处理赃款赃物的权力是必要也是可行的。     

西部民族地区毒品问题的地缘因素探析

西部民族地区严重的毒品犯罪态势很大程度上是由于所处的地缘环境造成的,这无疑对西部民族地区和谐社会的构建造成了很大的影响。因此,研究这一现象背后所隐藏的地缘性因素,是非常有意义的。文章主要从境外与境内两个角度探讨了影响西部民族地区毒品犯罪的地缘性因素。     

透视我省青少年毒品违法犯罪问题

毒品是当今世界一大公害,80年代后又重新蔓延至全国.与此同时,青少年毒品违法犯罪现象也日趋严重,我省亦不例外.必须采取切实有效、综合治理的措施加以控制,以保护青少年健康成长.     

KEY LINKAGES BETWEEN CHILD WELFARE AND SUBSTANCE ABUSE TREATMENT: SOCIAL FUNCTIONING IMPROVEMENTS AND CLIENT SATISFACTION IN A FAMILY DRUG TREATMENT COURT*

This article summarizes early findings regarding social functioning and client satisfaction from a longitudinal study of women receiving treatment in a family drug treatment court located in the Midwestern United States (N = 33). Drug treatment court participants were interviewed at program entry and when they had completed 6 months of treatment. Family drug court participants reported significant improvements in employment status and increases in earned income after 6 months of treatment. Respondents also reported improved social functioning and high overall levels of satisfaction with treatment. Findings and implications for future research are discussed.     

Attempted Drug‐facilitated Sexual Assault—Xylazine Intoxication in a Child

There are only a few cases of drug‐facilitated sexual assaults on children reported in the literature so far. Here, a case of a four‐year‐old boy is presented. He was unconscious, and the accompanying adults reported that the child had been at a playground on his own. Returning home, he complained of having been stung and collapsed immediately. Urine and serum samples of the child were investigated. In the toxicological analysis, xylazine, a sedative and muscle relaxant used in animals, was detected. Subsequent quantification by GC/MS after solid‐phase extraction revealed 0.053 mg/L xylazine in serum and approximately 0.63 mg/L in urine. Furthermore, the child was examined by a forensic medical specialist. Police investigations revealed that the godfather, who had been previously accused of sexual abuse of children, had injected the child with the drug, possibly in preparation for a shared bath.     

“Bath Salts” the New York City Medical Examiner Experience: A 3‐Year Retrospective Review

“Bath salts” are synthetic derivatives of cathinones, compounds found in the leaves of Catha edulis, which possesses amphetamine‐like properties. At the New York City Office of Chief Medical Examiner, we conducted a 3‐year retrospective analysis of deaths in which cathinones were detected. Two categories emerged; those in which cathinones were a contributory cause of death (15 cases) and those in which they were an incidental finding (15 cases). Of the former group, 13 were associated with additional intoxicants; two deaths were attributed solely to cathinone intoxication, both survived 10 h: a man whose postmortem blood methylone concentration was 0.71 mg/L and a woman whose postmortem blood ethylone concentration was 1.7 mg/L. In the latter category, there were several individuals who had higher concentrations of cathinones than the above two, the highest being a blood methylone of 4.8 mg/L. Based upon our data and the literature presented, lethal concentrations of cathinones cannot be established.     

Characterization and Differentiation of Geometric Isomers of 3‐methylfentanyl Analogs by Gas Chromatography/Mass Spectrometry,Liquid Chromatography/Mass Spectrometry,and Nuclear Magnetic Resonance Spectroscopy

The cis and trans isomers of 3‐methylfentanyl and its three analogs were chemically synthesized, and these compounds were characterized and differentiated by gas chromatography/mass spectrometry (GC/MS), liquid chromatography/mass spectrometry (LC/MS), and nuclear magnetic resonance (NMR) spectroscopy. The cis and trans isomers of the 3‐methylfentanyl analogs were completely separated by GC/MS. Although the high temperature of the GC injection port caused thermal degradation of β‐hydroxy‐3‐methylfentanyl, the degradation was completely suppressed by trimethylsilyl derivatization. The isomers were also well separated by LC/MS on an octadecylsilyl column with 10 mM ammonium acetate and methanol as the mobile phase. The proton NMR signals were split when the hydrochloride salts of the 3‐methylfentanyl analogs were dissolved in deuterated chloroform because stereoisomers were formed by the coordination of the hydrochloride proton to the nitrogen of the piperidine ring of the 3‐methylfentanyl analogs.     

Increased Lung Weights in Drug‐related Fatalities

This study is of autopsy data for potential validation as to whether increased weights of the lungs support toxic effects of drugs as the cause of death. This retrospective study compared data from 133 deaths resulting from the toxic effects of drugs with previously reported normal lung weights (Toxicol Mech Methods, 22, 2012, 159; Am J Forensic Med Pathol 33, 2012, 368). The lung weights and their standard errors were used in a two‐sample independent t‐test comparing the average drug‐related death weight to the average control weights. To account for multiple comparisons, a Bonferroni‐adjusted alpha level of 0.0125 was used. We are 98.75% confident that the mean right lung weight for female drug‐related deaths is between 227 and 377 g greater than the mean right lung weight for female non‐drug‐related deaths. We are 98.75% confident that the mean right lung weight for male drug‐related deaths is between 245 and 378 g greater than the mean right lung weight for male non‐drug‐related deaths.     

Debts and Threats: Managing Inability to Repay Credits in Illicit Drug Distribution

This study examines how creditors in illicit drug markets manage debtors’ inability to repay “fronted” drugs. Based on qualitative interviews with 40 incarcerated drug dealers in Norway, we explore four outcomes of unpaid drug debts. Two modes of governance dominated the credit reciprocation processes: Cooperative governance included strategies of accepting loss and refinancing debt and required mutual trust between creditor and debtor. Adversarial governance included extortion of debtors and revenge and was based on threats of violence. We found that creditors preferred refinancing debt or extorting debtors over accepting loss or using violence. We argue that the negotiated outcomes of drug debt have been neglected in research on drug markets, and explore how they require investment from the creditor, either in building trust or in deterring malfeasance through threats of violence. Using insights from economic sociology, the study highlights the importance of social control in illegal drug markets.     

Anion Identification via Complexation with meso‐octamethylcalix(4)pyrrole and Detection Using Electrospray Ionization Mass Spectrometry*

Abstract: The routine identification of controlled substances and adulterants during forensic chemistry analysis often involves the identification of counter ions or salt forms present in an exhibit. Here, the use of the compound meso‐octamethylcalix(4)pyrrole (C4P) during salt‐form identification analysis is presented. C4P is a commercially‐available, anion‐binding agent that can be reacted with a controlled substance or adulterant, resulting in the sequestration of anionic species, usually present as counter ions to the active ingredient. Formation of noncovalent complexes between the cyclic host C4P compound and anionic guests is investigated using electrospray ionization–mass spectrometry (ESI–MS). Complexes with chloride, bromide, iodide, nitrate, and acetate are readily observed and mass spectrometry analysis provides identification via molecular weight characterization. Chloride and bromide complexes are also characterized by the isotopic distribution of their molecular ions. Formation of host–guest complexes is not observed for sulfate and phosphate salts, presumably due to steric hindrance and energetically unfavorable conditions.