利用工具破坏客体的“伴随痕迹”确定案件性质

目的通过3个案例的检验,提出了“伴随痕迹”概念,并利用“伴随痕迹”挖掘破案信息和思路。方法常规痕迹分析方法。结论犯罪现场,有时工具未接触到的地方也会由于客体结构等原因形成痕迹,认识这种“伴随痕迹”对分析案件有帮助。     

Assessing Policy Design and Interpretation: An Institutions‐Based Analysis in the Context of Aquaculture in Florida and Virginia,United States

Recently in the field of policy studies, there has been a renewed interest in research that connects policy design with broader governance outcomes. As opposed to past studies of policy design that have characterized policies along broad categories of variables, however, recent studies have sought to systematically assess the language of public policies and resultant outcomes. This paper contributes to the existing and emerging literature on policy design by coupling a content analysis of polices governing the aquaculture industry in two U.S. states and interviews with aquaculture community members to understand policy design and perceptions of policy legitimacy, coerciveness, and enforcement.     

调适公共行政过程中理性冲突的协商民主思维方式——以处理群体性事件为例

当前我国正面对日益严峻的社会矛盾冲突形势,处于转型期的政府为了维稳就必须制定应对方案。面对频发的群体性事件,要均衡社会政治稳定、发展与民众利益、诉求之间关系,政府在公共行政过程中自然经常面临价值理性和工具理性的冲突。而协商民主这一新的民主理论范式,将原本局限于选举环节的民主拓展到公共行政和决策领域,有利于妥善处理群体性事件,既能充分维护稳定的社会政治局面,又保障了公民正当的利益、诉求的实现。     

滚珠型签字笔笔痕特征的实验研究

目的归纳总结滚珠型签字笔笔痕特征的分类,为笔迹鉴定人正确使用此类笔迹特征提供科学的参考依据。方法本研究采用科学实验的方法,对20人使用不同品牌的三支签字笔书写的笔迹进行了观察与分析。结果同一人使用不同的签字笔、不同人使用同一支签字笔和不同人使用不同的签字笔书写所形成的笔痕现象具有相同的表现。结论签字笔笔痕特征只是众多笔迹特征当中的一种,不能单独依据此类特征出具鉴定结论。     

超声波清除锈迹在刑事技术领域中的应用展望

结合刑事技术领域中对检验锈蚀金属物证的要求,本文综述了应用超声波清除锈蚀金属物证上锈迹的原理、方法及应用前景,并与其他常用的化学方法进行了比较。     

Using the institutional grammar tool to understand regulatory compliance: The case of Colorado aquaculture

What is the relationship between the design of regulations and levels of individual compliance? To answer this question, Crawford and Ostrom's institutional grammar tool is used to deconstruct regulations governing the aquaculture industry in Colorado, USA. Compliance with the deconstructed regulatory components is then assessed based on the perceptions of the appropriateness of the regulations, involvement in designing the regulations, and intrinsic and extrinsic motivations. The findings suggest that levels of compliance with regulations vary across and within individuals regarding various aspects of the regulatory components. As expected, the level of compliance is affected by the perceived appropriateness of regulations, participation in designing the regulations, and feelings of guilt and fear of social disapproval. Furthermore, there is a strong degree of interdependence among the written components, as identified by the institutional grammar tool, in affecting compliance levels. The paper contributes to the regulation and compliance literature by illustrating the utility of the institutional grammar tool in understanding regulatory content, applying a new Q‐Sort technique for measuring individual levels of compliance, and providing a rare exploration into feelings of guilt and fear outside of the laboratory setting.     

液压断线钳与普通断线钳剪切痕迹的检验及应用

目的通过研究不同类型、规格和功能断线钳所形成剪切痕迹的异同,准确的进行工具痕迹的同一认定。方法运用实验观察法,比较法对液压断线钳与普通断线钳形成痕迹特征反映的异同进行分析。结果液压断线钳与普通断线钳从结构特征、剪切痕迹特征反映等方面存在着明显的差异。结论在对剪切痕迹的检验中,需要注意从被剪断头的材质、直径、断端形状等方面着手,区别不同种类的剪切工具,尤其要注重对实验样本的制作,这样才能充分发挥剪切痕迹在侦查破案中的证据作用。     

The Consumer as the Empirical Measure of Trade Mark Law

Although consumer responses to signs and symbols lie at the heart of trade mark law, courts blow hot and cold on the relevance of empirical evidence – such as surveys and experiments – to establish how consumers respond to alleged infringing marks. This ambivalence is related to deeper rifts between trade mark doctrine and the science around consumer decision‐making. This article engages with an approach in ‘Law and Science’ literature: looking at how cognitive psychology and related disciplines conceptualise consumer decision‐making, and how counterintuitive lawyers’ approaches appear from this perspective. It demonstrates how, especially when proving confusion, decision‐makers in trade mark demand the impossible of empiricists and are simultaneously blind to the weaknesses of other sources of proof. A principled divergence, without seeking to collapse the gaps between legal and scientific approaches, but taking certain small steps, could reduce current problems of proof and contribute to better‐informed, more empirically grounded decisions.     

When finding nothing may be evidence of something: Anti-forensics and digital tool marks

There are an abundance of measures available to the standard digital device users which provide the opportunity to act in an anti-forensic manner and conceal any potential digital evidence denoting a criminal act. Whilst there is a lack of empirical evidence which evaluates the scale of this threat to digital forensic investigations leaving the true extent of engagement with such tools unknown, arguably the field should take proactive steps to examine and record the capabilities of these measures. Whilst forensic science has long accepted the concept of toolmark analysis as part of criminal investigations, ‘digital tool marks’ (DTMs) are a notion rarely acknowledged and considered in digital investigations. DTMs are the traces left behind by a tool or process on a suspect system which can help to determine what malicious behaviour has occurred on a device. This article discusses and champions the need for DTM research in digital forensics highlighting the benefits of doing so.     

Introducing 3D Printed Models as Demonstrative Evidence at Criminal Trials

This case report presents one of the first reported uses of a 3D printed exhibit in an English homicide trial, in which two defendants were accused of beating their victim to death. The investigation of this crime included a micro‐CT scan of the victim's skull, which assisted the pathologist to determine the circumstances of the assault, in particular regarding the number of assault weapons and perpetrators. The scan showed two distinct injury shapes, suggesting the use of either two weapons or a single weapon with geometrically distinct surfaces. It subsequently served as the basis for a 3D print, which was shown in court in one of the first examples that 3D printed physical models have been introduced as evidence in a criminal trial in the United Kingdom. This paper presents the decision‐making process of whether to use 3D printed evidence or not.