Expedited, chemically enhanced sperm cell recovery from cotton swabs for rape kit analysis

This report focuses on the development of a method for chemically induced enhancement of cell elution and recovery from cotton swabs. The method exploits the exclusive use of detergents for intact cell removal, and can be utilized in conjunction with, or to circumvent, conventional differential extraction (DE). Samples treated with Sarkosyl (54.4 +/- 1.8%) and sodium dodecyl sulfate (SDS) (78.5 +/- 0.7%) yielded higher sperm cell recoveries than a conventional DE buffer (39.4 +/- 2.1%). The results indicated that the choice of detergent affected sperm cell yield, with anionic detergents having the greatest effect. Storage time of samples affected the concentration of detergent required for optimal sperm cell recovery, longer times requiring increased detergent concentrations. In addition, the extent of sperm cell lysis by proteinase K digestion was evaluated. The results indicate that the exclusive use of SDS enhances the release of sperm and epithelial cells from a cotton swab as compared with DE buffer, providing for a more effective DNA analysis.     

邓小平“严打”理论研究

邓小平一贯主张惩罚犯罪应从实际出发 ,实事求是。实践证明 ,邓小平首创的“严打”决策 ,符合马克思列宁主义关于无产阶级专政学说的科学原理 ,是社会治安综合治理的重要内容和首要环节。依法从重从快严厉打击严重刑事犯罪的方针极大地丰富了具有中国特色的犯罪对策理论 ,对稳定社会起到了极为重要的作用。经济犯罪直接破坏经济建设 ,严重阻碍社会主义市场经济的建立和发展 ,是“严打”的重点之一。     

英美法中诉因记载的法定要求及其借鉴意义

诉因记载的法定要求经历了从严格形式主义到实质主义的转变,诉因记载的法定要求表现在诉因记载的特定性、诉因的单一性、诉因的选择与预备记载、诉因的合并记载上。我国现行法未对起诉书的记载做出具体规定,诉因记载的法定要求为我国规定如何记载起诉书提供了借鉴。     

Expert Evidence As Context: Historical Patterns and Contemporary Attitudes in the Prosecution of Sexual Offences

In H.M. Advocate v. Grimmond ¹ the judge in a Scottish High Court trial refused permission for expert psychological evidence to be admitted on behalf of the Crown in a prosecution involving sexual offences against two children. The Crown had sought to lead an expert witness to explain to the jury about patterns of disclosure in child sexual abuse cases. The case was remarkable, not so much for the strict application of the longstanding rule in R. v. Turner that constrains the use in the courtroom of expert evidence from the behavioural sciences, but for the way in which the arguments presented by the Crown in Grimmond resonate with enduring feminist critiques regarding the treatment of women in rape trials. The theoretical issues raised by the decision include the quest for context to counter rigid evidential frameworks, and the choice of a child sexual abuse case as the medium for challenging the boundaries of the admissibility of expert evidence in the courtroom. The ramifications of Grimmond are tangible as legislation intended to benefit children and women has already been enacted by the Scottish Parliament to ameliorate the effects of the decision. This article suggests that while this legislation should be given a cautious welcome it remains to be seen whether the heralded benefits will actually materialise. This revised version was published online in July 2006 with corrections to the Cover Date.     

试析几种毒品犯罪与其他犯罪的联系与区别

毒品犯罪与某些犯罪在司法实践中容易混淆 ,如 :走私毒品罪与普通走私罪 ;贩卖毒品罪与销脏罪 ;包庇毒品犯罪分子罪与包庇罪 ;窝藏、转移、隐瞒毒品、毒脏罪与洗钱罪等等 ,在认定时应注意区别。     

不同身份者共同实施身份犯的定性探析——兼评犯罪共同说与行为共同说

对于不同身份者共同实施身份犯的定罪,既要反映共同犯罪的本质特征,又必须符合罪责刑相适应原则的要求。根据犯罪共同说对不同身份者共同实施身份犯时进行统一定罪,才是符合共同犯罪的本质特征的。不同身份者共同实施身份犯时触犯数罪名,这种情况实际上就是想象竞合犯,应按照想象竞合犯“择一重处”的原则,选择处罚较重的犯罪定罪量刑,这不仅符合共同犯罪统一定罪的本质要求,而且符合罪责刑相适应的刑法原则。     

When Should the Police Investigate Cases of Non-recent Child Sexual Abuse?

Non-recent child sexual abuse (CSA) and child sexual exploitation (CSE) have received recent attention. Victims often do not report their ordeal at the time the incident occurred, and it is increasingly common for agencies to refer concerns to the police years, or decades, after the event. The combination of the non-recent nature of the offence, the lack of engagement by the (potentially vulnerable) victim, and the huge resource burden of investigation make deciding whether to proceed with investigation complex and ethically challenging. Although there will always be a presumption in favor of investigation, for some cases the reasons against investigating will outweigh this presumption. We examine the considerations at stake in making a decision about whether to make contact with the victim and proceed with investigating a particular non-recent CSA case. Arguing for a “broad rights” approach, we identify considerations relating to (1) the victim, (2) criminal justice and crime prevention, (3) limited resources, and (4) legitimacy. We argue that, all other things being equal, non-recent and current investigations are equally worthy of investigation. We assess the implications of suspects being persons of public prominence. We outline a principled decision-making framework to aid investigators. The Oxford CSA Framework has the potential to reduce unnecessary demand on police resources.     

The endorsement of cognitive distortions: comparing child pornography offenders and contact sex offenders

This study examined the endorsement of cognitive distortions in child pornography offenders (CPOs), using an established assessment tool, the Abel and Becker Cognition Scale. The scale was expanded to include cognitions specific to child pornography offending, extracted from Howitt and Sheldon's Children and Sexual Activities Inventory (C&SA). Three samples of CPOs, child sex offenders and offenders with both offence types responded to the cognition items. An exploratory Principal Component Analysis suggested six main components of the scale. CPOs were significantly less likely to endorse these statements in general, and this was more pronounced on items that project blame onto the child or other people, describe a need for power and consider children as sexually active. The statements extracted from C&SA did not differentiate between the groups. These findings are discussed under consideration of the relationship between cognitive distortions and contact sex offending, and in reference to the general criticism concerning the definition and appropriate measurement of cognitive distortions.     

Online Sexual Grooming in Sweden—Online and Offline Sex Offences against Children as Described in Swedish Police Data

The expansion in Internet use since the mid‐1990s has created a completely new and largely unmonitored forum for contacts between adults and children. The anonymity provided by Internet communications has been viewed as creating favourable conditions for adults wishing to develop manipulative relationships with children, and there has been a growing concern about the way the Internet may be used by adults intent on sexually exploiting and abusing young people. Much of the focus of this concern has been directed at adults using the Internet to create opportunities for the commission of offline sex offences. Based on police data from Sweden, this article describes the range of Internet‐related sexual offences against children currently being brought to the attention of the Swedish justice system. It focuses not only on the range of strategies employed by adults to persuade children to meet them offline for the purposes of sexual exploitation and abuse but also on the different types of online sexual offences that children in Sweden are currently being subjected to.