紧急状态对西方法治的挑战及其理论反思

运用紧急权应对紧急状态已经成为一个日益棘手的问题。西方的法治与紧急状态是矛盾的。我国的法治及其民主建设应该从西方法治与紧急状态之间的矛盾汲取有益的经验和教训。     

由公安院校学员个性素质状况引发的思考

文章通过对公安院校学员个性素质状况的测试研究,认为当前公安院校男、女学员与全国普通院校大学生比较存在着非常显著性的差异。其中,公安院校男学员与全国普通院校男大学生的差异尤为显著,反映了公安院校学员个性素质结构的相对独特性。公安院校学员整体个性素质偏低,难以适应未来公安工作压力的现状,由此引发了对公安院校现行管理机制的思考,这将是今后公安院校教育管理深化改革所面临的重要课题。     

An Unusually High Cocaine Blood Concentration in an Impaired Driving Investigation

Cocaine is an illicit drug frequently encountered by forensic practitioners in driving under the influence of drugs (DUID) casework. Whole blood collected from a suspected drugged driver was found to contain 3.000 mg/L cocaine, 1.600 mg/L benzoylecgonine, and 0.260 mg/L methamphetamine. The high concentration of cocaine, while common in overdose death investigations, is unusual for an impaired driving case. Information from the officer revealed that the motorist swallowed cocaine during the traffic stop. Although a cocaine DUID charge could not be pursued, the blood methamphetamine concentration exceeded the State of Nevada “per se” limit for operating a motor vehicle. The motorist was successfully prosecuted for DUID based on his admission of using methamphetamine prior to driving and the blood methamphetamine result. This case highlights the importance of considering case history when interpreting laboratory results and the application of jurisdictional statutes as an approach to prosecuting suspected drug‐impaired drivers.     

A City‐wide Investigation of the Isotopic Distribution and Source of Tap Waters for Forensic Human Geolocation Ground‐truthing

Human geolocation is prefaced on the accuracy of the geographic precision of mapped isotopic values for drinking water. As most people live in cities, it becomes important to understand city water supplies and how the isotopic values uniquely reflect that city. This study investigated the isotopic distribution of δ²H and δ¹⁸O from sourced tap waters that were collected from across the Metro Vancouver (MV) area (n = 135). The results revealed that the isotopic values reflect their water sources with a range of 5.3‰ for δ¹⁸O_tap and 29.3‰ for δ²H_tap for MV. The results indicate that individual cities need higher resolution studies to determine their tap water isotopic ranges, and a good understanding of the water supply network itself for human geolocation work. With an extended high‐resolution understanding of each city, human tissue may be compared with more certainty for geolocation.     

人民监督员制度的性质和功能

人民监督员制度的性质是在人民检察院外部和诉讼程序外部,对人民检察院直接受理侦查的案件的特定诉讼决定进行社会性监督的制度。监督的指向是检察机关;监督的范围是自侦案件的起诉前程序;监督的内容是执法主体单一情况下作出的某些可能错误的决定或行为;其功能限于发现和提示错误。     

公安院校体改生的特质分析及教育管理对策

体改生具有自尊自主性强、群体结构层次复杂、职业特色鲜明、工学矛盾突出等特质,是一个具有明显特殊性的学习群体。公安院校在体改生的教育管理中,应立足于其自身特质,坚持以人为本,注重因材施教、因情施策,严格警务化管理,贴近实战教学,着力培养其警察职业精神、职业道德和职业能力。     

Ventilatory and metabolic demands during aggressive physical restraint in healthy adults

We investigated ventilatory and metabolic demands in healthy adults when placed in the prone maximal restraint position (PMRP), i.e., hogtie restraint. Maximal voluntary ventilation (MVV) was measured in seated subjects (n=30), in the PMRP, and when prone with up to 90.1 or 102.3 kg of weight on the back. MVV with the heaviest weight was 70% of the seated MVV (122+/-28 and 156+/-38 L/min, respectively; p<0.001). Also, subjects (n=27) were placed in the PMRP and struggled vigorously for 60 sec. During the restrained struggle, ventilatory function (V(E)/ MVV) was 44% of MVV in the resting PMRP. While prone with up to 90.1 or 102.3 kg on the back, the decrease in MVV was of no clinical importance in these subjects. Also, while maximally struggling in the PMRP, V(E) was still adequate to supply the ventilatory needs.     

A Two‐Year Study of Δ 9 Tetrahydrocannabinol Concentrations in Drivers; Part 2: Physiological Signs on Drug Recognition Expert (DRE) and non‐DRE Examinations,,

Whole blood samples were examined for ?⁹‐Tetrahydrocannabinol (THC) over 2 years in drivers suspected of driving under the influence. Part one of the study examined the link between [THC] and performance on field sobriety tests. This portion examined objective signs, eye examinations and physiological indicators; and their relationship to the presence of THC. Several objective signs were excellent indicators of the presence of THC: red eyes (94%), droopy eyelids (85.6%), affected speech (87.6%), tongue coating (96.2%), and odor of marijuana (82.4%). About 63.6% of THC positive subjects had dialted pupils (room light). THC positive subjects had either rebound dilation or hippus in 88.8% of cases. Pulse and blood pressure (BP) were evaluated to determine any correlation with [THC]. An increased pulse rate correlated well to the presence of THC (88.5%), but not [THC]. BP did not correlate to [THC] and was also a poor indicator of THC in the blood (50% high).     

A Prototype of Mathematical Treatment of Pen Pressure Data for Signature Verification

A prototype using simple mathematical treatment of the pen pressure data recorded by a digital pen movement recording device was derived. In this study, a total of 48 sets of signature and initial specimens were collected. Pearson's correlation coefficient was used to compare the data of the pen pressure patterns. From the 820 pair comparisons of the 48 sets of genuine signatures, a high degree of matching was found in which 95.4% (782 pairs) and 80% (656 pairs) had rPA > 0.7 and rPA > 0.8, respectively. In the comparison of the 23 forged signatures with their corresponding control signatures, 20 of them (89.2% of pairs) had rPA values < 0.6, showing a lower degree of matching when compared with the results of the genuine signatures. The prototype could be used as a complementary technique to improve the objectivity of signature examination and also has a good potential to be developed as a tool for automated signature identification.     

Keeping Creativity Downtown: Policy Learning from San Francisco,Seattle, and Vancouver for Municipal Cultural Planning in Toronto

I examine Toronto's interest in the policy learning process regarding possible solutions to development pressure downtown though understanding policies from San Francisco, Seattle, and Vancouver. Grounded by the analysis of creative city interventions and incorporating a theoretical framework of policy adaptation, the investigation is informed by interviews with fifty-one multi-sector stakeholders, historical and archival materials, and policy documents. Return to urban living and the creative cities movement challenge city centers in preserving creative and cultural businesses and organizations. Emergent data themes include: (1) research and strategic planning; (2) stakeholder partnerships; and (3) economic development incorporating economic benefit and social good.