Pore Sub‐Features Reproducibility in Direct Microscopic and Livescan Images—Their Reliability in Personal Identification

Abstract: Third level features have been reported to have equal discriminatory power as second level details in establishing personal identification. Pore area, as an extended set third level sub‐feature, has been studied by minimizing possible factors that could affect pore size. The reproducibility of pore surface area has been studied using direct microscopic and 500 ppi Livescan images. Direct microscopic pore area measurements indicated that the day on which the pore area was measured had a significant impact on the measured pore area. Pore area measurement was shown to be difficult to estimate in 500 ppi Livescan measurements owing to lack of resolution. It is not possible to reliably use pore area as an identifying feature in fingerprint examination.     

The Reliability of Visually Comparing Small Frontal Sinuses*

Abstract: Several studies have investigated frontal sinus comparison for personal identification. One study addressed the statistical reliability of correct identification using automated digital methods and resulted in a 96% accuracy rate. Missed matches with the digital methods generally involved small, less featured sinuses. This study investigates the hypothesis that human examiners may be able to more accurately identify correct matches than digital methods, even when the comparisons involve small frontal sinuses. Participants were provided two sets of 28 radiographs and were instructed to identify matching radiographs and list the radiographs that did not have a corresponding match. Overall, error rates were low, with correct associations identified at a rate of 0.983. No incorrect associations (“false positives”) were made. Correct association rates were highest among participants “experienced” examining radiographs. Results support previous assertions that frontal sinus radiographs are a reliable means of personal identification even when the frontal sinuses are small.     

侵犯个人信息犯罪立法的理性分析——兼论对该罪立法的反思与展望

犯罪圈的设定必须从犯罪的内在规定性和刑罚的特性两个层面予以考量:犯罪的内在规定性决定了犯罪化的实质标准是行为侵犯全体公民的基本人权;刑罚的特性决定了其适用范围必须综合考虑刑罚的"残缺不全"特征及其适用的可行性要求。根据个人信息的法律属性,侵犯公民个人信息就侵犯了公民的基本人权。由于其他制裁措施调控的失效,刑罚"迫不得已"地介入对公民个人信息的调整。从理性的深度进行反思,侵犯个人信息犯罪的立法具有合理性的一面,但在犯罪构成要件的规定上也有亟需澄清和完善之处。     

身份证明与个人信息保护——我国居民身份证法律规制问题研究

信息社会人们之间的交往需要权威的身份证明,由公权力介入推行的身份证明制度满足了这种需要,并在社会生活中广泛应用.但是只有通过法律规制明确公民个人信息自决权,并设定政府不侵犯和保护个人信息的责任,才能真正发挥身份证证明身份的权威作用.我国日前身份证法律规制的弊端在于政府没有履行必要的个人信息保护职责,公民的个人信息主体地位缺失,导致了政府滥用职权和个人权益受到损害.所以必须以保护个人信息为核心完善我国的居民身份证法律规制制度.     

Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

Posttraumatic stress disorder symptom severity and fear of personal crime: exploring their interrelationship as a function of risk estimation

Both trauma psychology and criminology have studied the psychological correlates of crime victimization. While the former discipline has primarily focused on the development of posttraumatic stress disorder (PTSD) among crime victims, the latter has particularly studied the association between history of victimization and fear of crime. A major difference between both concepts is that PTSD is experienced in relation to previous victimization, while fear of crime does not necessarily follow from previous victimization and is primarily experienced in anticipation of possible future victimization. Despite their different orientations, both perspectives share one central tenet: they both argue that feelings of anxiety are accompanied by increased perceptions of risk for future victimization. Given this theoretical overlap, both types of anxiety may correlate with each other. The current study explored this topic in a sample of Dutch university students (N = 375) and found that PTSD symptom severity and fear of crime were significantly associated with each other, both in univariate and multivariate analyses. This association was stronger for participants who scored higher on perceived risk of personal crime victimization than for those who scored lower. Results were discussed in light of study limitations and directions for future research.     

机遇与挑战：羁押必要性审查制度研究

羁押在我国并非属于一种独立的强制措施,而是专指有关机关对犯罪嫌疑人（被告人）在法庭确定其有罪之前暂时剥夺其人身自由的措施。2012年刑事诉讼法（修正案）构建了相对独立的羁押必要性审查制度,从羁押必要性审查制度的建构背景看,该制度是人权保障价值的重要体现,也是我国检察监督理论制度的创新发展。然而由于我国法治发展的阶段性特征,羁押必要性审查制度在实践中可能面临着社会秩序需求、司法效率价值等多种阻碍因素,对此应该予以重视,并应进一步改革和完善。     

美英教师工薪个人所得税税收优惠启示及借鉴

实行教师工薪个人所得税税收优惠政策不仅有利于提高教师待遇,也有利于形成全社会尊师重教的良好氛围。美国和英国在20世纪90年代,结合综合所得税制,提出了一系列针对教师的具体减免税政策和费用扣除标准,从而使教师适用更低的税率或者获得更多的退税,这对改善和提高我国教师待遇提供了良好借鉴。鉴于美英两国政府的个人所得税税收优惠法规已经形成了较为完善的税法体制,因此通过借鉴美国与英国关于教师工薪个人所得税税收优惠政策先进经验,并在此基础上提出适合我国国情的针对性建议,可以为我国教育行业吸引更多优秀人才长期从教、终身从教创造积极条件。     

Forensic Epidemiologic and Biomechanical Analysis of a Pelvic Cavity Blowout Injury Associated with Ejection from a Personal Watercraft (Jet‐Ski)

Jet‐propelled personal watercraft (PWC) or jet‐skis have become increasingly popular. The means of propulsion of PWC, which is a jet of water forced out of small nozzle at the rear of the craft, combined with a high risk of falling off of the seat and into close proximity with the water jet stream, raise the potential for a unique type of injury mechanism. The most serious injuries associated with PWC falls are those that occur when the perineum passes in close proximity to the jet nozzle and the high‐pressure water stream enters the vaginal or rectal orifice. We describe the forensic investigation into a case of an anovaginal “blowout” injury in a passenger who was ejected from the rear seat position of a PWC and subsequently suffered life‐threatening injuries to the pelvic organs. The investigation included a biomechanical analysis of the injury mechanism, a summary of prior published reports of internal pelvic injuries resulting from PWC falls as well as other water sports and activities, and a comparison of the severity of the injuries resulting from differing mechanisms using the New Injury Severity Score (NISS). The mean (±standard deviation [SD]) NISS values for reported PWC injuries [not including the NISS of 38 in this case study] were 11.2 (±9.5), while the mean value for reported water‐skiing falls was half that of the PWC group at 5.6 (±5.2). It was concluded that the analyzed injuries were unique to a PWC ejection versus other previously described non‐PWC‐associated water sport injuries. It is recommended that PWC manufacturers help consumers understand the potential risks to passengers with highly visible warnings and reduce injury risk with revised seat design, and/or passenger seat “deadman” switches.     

El libre acceso a la información,las innovaciones tecnológicas y la publicidad de los actos Procesales

This paper raises questions about the Brazilian legal system, which takes to an extreme the constitutional principle (the Publicity Principle) requiring publication of legal cases, and is unable to properly distinguish between the need to publish judicial decisions, and the publication of documents and texts produced by the parties, thus endangering the protection of personal data, and representing a possible security risk to the State and society as a whole.