交通肇事罪之争议问题再研究——兼评最高法院的《司法解释》

对交通肇事罪来说 ,尽管刑法有明确规定 ,特别是司法解释对其作了具体、详细的规定。但是 ,值得商权之处也不少 ,这样一来 ,又引起了一些新的、更大的歧义和司法适用上的混乱 ,因此 ,笔者遴选几个争议问题加以研讨 ,以求对些问题作出恰当的理解和处理。     

THE DEVELOPMENT OF SELF‐CONTROL: EXAMINING SELF‐CONTROL THEORY'S STABILITY THESIS*

Research on self‐control theory consistently supports its central prediction that low self‐control significantly affects crime. The theory includes other predictions, however, that have received far less scrutiny. Among these is the argument that self‐control is developed early in childhood and that individual differences emerging then persist over time. The purpose of this study is to provide a rigorous test of the stability thesis. First, we examine the extent of stability and change in self‐control for a national sample of U.S. children age 7 to age 15. Second, we consider whether parenting continues to affect self‐control during adolescence—a period after the point at which self‐control differences should be fixed. The analysis revealed strong absolute and relative stability of self‐control for more than 80 percent of the sample, and this stability emerged in large part as early as age 7. Contradicting the theory was a smaller portion of respondents (roughly 16 percent) who experienced substantial absolute and relative changes in self‐control even after the age of 10. Moreover, parental socialization continued to affect self‐control during adolescence, even after accounting for both prior self‐control and exposure to parental socialization.     

Exploring the consequences of erratic data reporting for cross-national research on homicide

This paper examines the common practice in cross-national research on homicide of using crime estimates for a multiyear period based on a smaller number of years than theoretically desired because of erratic data reporting for selected nations. Correlations between hypothetical baseline rates and various alternative estimates are examined to simulate the potential consequences of using temporally incomplete data rather than data for the full multiyear period of interest. The results reveal that this common practice is likely to be highly acceptable for certain national samples but less acceptable for others. The paper concludes with suggestions for dealing with potentially problematic cases.     

The effects of weather on homicide

This article examines the correlation between weather features and homicide in. Baltimore, Maryland, over an 8-year span of time. The consistent meteorological-measure of importance is the number of previous days in a row in which the discomfort index (a temperature and humidity measure) has been over the physiologically relevant level of 79. In all cases, however, the variance explained is quite small. The results are used to compare physiological and interactional explanations of weather or heat effects, leading to the conclusion that the repertoire of habits and adaptations available to the individual conditions his or her reactions to physiological stress induced by the weather.     

The fear of reprisal and the failure of victims to report a personal crime

Most people who fail to report their victimizations to the police state either that the incident was not serious enough to warrant official attention or that nothing could be done. However, a small proportion of victims states that they did not report because of their fear of reprisal. Based on National Crime Panel victimization data, the offense and personal characteristics of these victims are contrasted with the total victim and nonreporting victim populations. Contrary to the general reasons for not reporting a crime, several personal and offense characteristics are related to reprisal. For instance, reprisal is more often a factor in personal victimizations where victims are female and acquainted with their offenders. The more dangerous the incident, the more often reprisal is the stated reason for not calling the police. The results of the analysis strongly suggest that in certain social environments the fear of reprisal is a major factor in the reporting of crime.     

Identification of mechanical asphyxiation in cases of attempted masking of the homicide

Five homicides are described that had remained unexplained as to the causes of death after gross pathology. Although general signs of asphyxiation were present, they were lacking injuries specific of strangulation or oro-nasal occlusion. The diagnoses of asphyxiation were established by microscopical investigation of the lung and confirmed by subsequent police inquiries. An oro-nasal occlusion was involved in three cases, a strangulation or an oro-nasal occlusion, in another case. The victims were young and healthy. Toxicological investigations remained negative in four cases; one victim was anaesthetized by bromazepam and ether and had a blood alcohol concentration of 80 mg/100 ml. Lung histology and electron microscopy revealed acute emphysema, the development of a haemorrhagic-dysoric syndrome and a microembolism syndrome. With regard to the haemorrhagic-dysoric syndrome, the development of alveolar-interstitial edema is particularly important. This finding may also be diagnosed by light microscopy in semi-thin sections. It is emphasized that the combined action of several pathomechanisms is responsible for the rapid manifestation of the pulmonary lesions. Especially, the haemorrhagic-dysoric syndrome is brought about by the combined action of inspiratory intrapulmonary vacuum and raised intracapillary pressure. The complex pattern allows to compile the diagnosis of mechanical asphyxia even if there is no corresponding injury.     

147例凶杀案的法医学分析

通过对上海地区中147例凶杀案尸检的分析,从案件情况、现场勘察及尸体检验等方面进行归纳,总结了此类案件的共同特点,以期为凶杀命案的检验、侦破提供参考。     

Detection of visible and latent fingerprints using micro-X-ray fluorescence elemental imaging

Using micro-X-ray fluorescence (MXRF), a novel means of detecting fingerprints was examined in which the prints were imaged based on their elemental composition. MXRF is a nondestructive technique. Although this method requires a priori knowledge about the approximate location of a print, it offers a new and complementary means for detecting fingerprints that are also left pristine for further analysis (including potential DNA extraction) or archiving purposes. Sebaceous fingerprints and those made after perspiring were detected based on elements such as potassium and chlorine present in the print residue. Unique prints were also detected including those containing lotion, saliva, banana, or sunscreen. This proof-of-concept study demonstrates the potential for visualizing fingerprints by MXRF on surfaces that can be problematic using current methods.     

Taphonomy of child-sized remains: a study of scattering and scavenging in Virginia, USA

Child-sized pig carcasses (Sus scrofa) were placed in surface deposit and buried scenarios in a wooded area of Virginia from May 1998 through December 2000, to examine the taphonomic effects of decompositional changes, predator scavenging, and the extent of remains scattering. Changes were observed through on-site examination, charting of remains, and recorded video imaging. Analysis of data revealed that utilization of corpses as food sources by vertebrates was dependent upon invertebrate colonization. Vertebrates avoided feeding on the corpses while invertebrate colonization was active, and would feed before invertebrates successfully colonized a corpse, or would wait until the invertebrate populations migrated away from the corpse. Among vertebrates, there was no apparent succession order for the animals utilizing the remains as a food source. Different vertebrates would feed at different times based upon diurnal or nocturnal predilection. Analysis noted an accidental cooperative relationship between the invertebrates and vertebrates scavenging on the corpses. Certain vertebrates gained access to the internal tissues by utilizing openings in the corpses caused by invertebrate and other vertebrate scavenging. Alternately, carrion-frequenting insects were afforded access to previously inaccessible colonization sites as a result of scavenging vertebrate activities.     

Lead-free primer residues: a qualitative characterization of Winchester WinClean, Remington/UMC LeadLess, Federal BallistiClean, and Speer Lawman CleanFire handgun ammunition

The elemental composition and postfiring residues of several "lead-free" or "nontoxic" centerfire handgun ammunition types currently available to the general public were examined. Offerings from Winchester, Remington/UMC, Federal and Speer were obtained from retail sources in both .45 ACP and 9 mm when possible. A total of 112 postfiring residue samples (SEM pins) were collected at varying distances from the muzzle, at two distances from target and from the shooter's hands. An additional 20 samples were collected by direct ignition of primers. Qualitative determinations were carried out using scanning electron microscopy (SEM)/electron dispersive spectrometry (EDS) analysis. All types tested contained aluminum (Al), silicon (Si), copper (Cu), and zinc (Zn). Most contain traces of sulfur and calcium. Winchester WinClean and Remington LeadLess contained potassium as the principle ingredient. Federal BallistClean contained barium, while Speer Lawman CleanFire contained strontium. In the main, these compared favorably with manufacturers' MSDS publications and patents granted. The characterizations undertaken here will be of use to the forensic electron microscopist as these formulations gain popularity.