视频安防监控系统的法律规制原则研究

视频安防监控系统正得到广泛的运用,同时其使用对公民权利也产生了影响。通过对国内外立法、判例中就视频安防监控系统的使用对公民权利的规定的分析,提出视频安防监控系统法律规制的基本原则即公共利益本位原则、职权法定原则、行政正当原则,为当前的立法和执法实践提供参考。     

Refining and Resolving the Blur of Gault for Juvenile Capital Offenders in Texas: A World without the Juvenile Death Penalty

Texas's approach to juvenile capital offenders has been profoundly lacking any balance of the interests of accountability and rehabilitation. Texas has employed adult transfer for juvenile capital offenders with potential life imprisonment and possible parole in 40 years and determinate sentencing to adjudicate capital offenders in juvenile court, yielding a maximum sentence of 40 years in prison. Legislative initiatives in the 1990s to curtail parole have led to only 22 percent of violent offenders receiving early release while serving an average of 61 percent of their sentence. Aggravated offenders, including youth capital offenders, serve at least 80 percent of their total incarceration time. Notably the Texas framework does not effectively allow for offenders whose acts were the product of either an undeveloped or disabled mental capability to be punished appropriately and distinctly from those who possess psychotic or antisocial tendencies—or adult offenders. This deficiency is worsened as a result of the recently passed legislation SB.60, which establishes that juvenile capital offenders must receive the sentence of life without the possibility of parole upon conviction. Texas can create a more precise approach with three modifications: (1) centralize all youth capital adjudications to a criminal court, (2) effectuate separate imprisonment and enhanced educational programs for the first ten years of incarceration, (3) implement a “soft-ten” sentence where after the initial ten years of imprisonment the presumption for release favors the offender unless the state establishes that additional time is needed; this determination is primarily based on a complete psychological assessment of the offender.     

论死缓制度的缺憾及其弥补

死缓制度是我国刑法独创的死刑缓期执行的制度,既可以通过保留死刑实际执行的可能性而维护死刑特有的威慑力,又由于被判处死缓的人事实上基本都没有被执行死刑而最大限度地发挥了刑罚的教育功能和改造功能。死缓制度是一项具有中国特色、符合中国国情的制度,但该制度在理论及实践方面都存在着缺憾,从而限制了死缓制度效用的发挥,有必要在理论上加以明晰,并提出相应的弥补措施。这样不仅能够发挥其本身的特点,而且将成为目前我国限制死刑的合理且现实的选择。     

Community Resilience to Militant Islamism: Who and What?: An Explorative Study of Resilience in Three Danish Communities

Building community resilience to violent extremism increasingly figures as a goal in national security strategies and debates. The exact meaning of resilience remains unclear, complicating an informed discussion of whom and what to support. This article presents findings from an explorative study of resilience to militant Islamism in three Danish communities. It shows how families and trust-based networks, including local government, are the major sources of resilience, but also how punitive national policies and discourses work at cross purposes with resilience-building by reducing local actors’ willingness and ability to share their problems, tailor solutions to local conditions, and mobilize collectively.     

An Impact Velocity Device Design for Blood Spatter Pattern Generation with Considerations for High‐Speed Video Analysis,

A mechanical device that uses gravitational and spring compression forces to create spatter patterns of known impact velocities is presented and discussed. The custom‐made device uses either two or four springs (k₁ = 267.8 N/m, k₂ = 535.5 N/m) in parallel to create seventeen reproducible impact velocities between 2.1 and 4.0 m/s. The impactor is held at several known spring extensions using an electromagnet. Trigger inputs to the high‐speed video camera allow the user to control the magnet's release while capturing video footage simultaneously. A polycarbonate base is used to allow for simultaneous monitoring of the side and bottom views of the impact event. Twenty‐four patterns were created across the impact velocity range and analyzed using HemoSpat. Area of origin estimations fell within an acceptable range (ΔX_av = ?5.5 ± 1.9 cm, ΔY_av = ?2.6 ± 2.8 cm, ΔZ_av = +5.5 ± 3.8 cm), supporting distribution analysis for the use in research or bloodstain pattern training. This work provides a framework for those interested in developing a robust impact device.     

Determination of vehicle speed from recorded video using the open-source software Kinovea

Video devices of different kind often record traffic accidents, including vehicle-pedestrian collisions and hit-and-run accidents. In these cases, the vehicle speed is valuable information because it can assist the investigators in an accident reconstruction. This paper examines the use of Kinovea, an open-source video annotation tool designed for sport analysis, to estimate vehicle speed in forensic videos. Kinovea does not require a complex methodology, and it can be used to make the calculation easily. A series of vehicle driving experiments using an appropriately calibrated speed radar system (so called Scout Speed) were carried out, and measurements were compared with the estimated speed. In controlled conditions, the comparison of Scout reference speed and calculated average vehicle speed by means of Kinovea found an average difference of 0.43 km/h, with a margin of error of ±0.64 km/h. In addition, further preliminary tests were carried out to check the reliability of the measurements under lower resolution conditions. Also, in these cases the calculations were in line with the ground truth. Therefore, in the tested conditions, Kinovea demonstrated to be an easy and reliable tool available for forensic video examiners. Further tests need to be conducted in order to address the applicability of the measurement technique with true CCTV/surveillance video recordings.     

论我国视频警务的现状与完善

随着公安视频监控建设飞速发展,以充分发挥视频图像信息效能为核心的视频警务模式已悄然兴起。当前,视频警务在视频监控系统建设、视频图像分析技术等方面存在诸多问题,但最为核心的还是体制和机制方面的问题,表现为缺少系统化的工作体制,缺少规范化的工作流程。因此,应从视频图像信息的获取、分析、应用环节构建视频警务工作体系,科学设计视频的采集报送、分析研判、运行和保障的工作机制,进一步完善视频警务工作。     

Forensic examination of security features of the CDC-issued COVID-19 vaccination card and suggested improvements to minimize counterfeiting

During the COVID-19 pandemic, the United States released the CDC-issued vaccination card to document the status of immunizations. It eventually was used as a verification system to allow patrons to safely access public venues. This is/was apparently a simple printed piece of paper with minimal security features which made it an easy target for counterfeiters with little expertise required. Those unvaccinated who wished to enter areas that required proof of the COVID-19 vaccine were soon finding alternative illegal methods to do so which led to public health concerns. This research was divided into two parts. Part A aimed to forensically identify the security features with a video spectral comparator and a stereomicroscope. Ten “known” blank cards were collected directly from dispensaries that administered the vaccine and 68 “unknowns” from individuals who received the COVID-19 vaccine. Part B aimed to evaluate the authentication systems employed by countries outside the United States to propose a model on how the vaccination card could be improved and what security features should be included for future instances requiring proof of immunization. The results revealed the CDC document was produced with minimal security features making the document prone to counterfeiting. Furthermore, based on the information collected from other countries' vaccination certificates, it is recommended to develop a dual authentication system, with digital and printable aspects, that contains a QR code linked to a database. Other security features may include a non-optical brightener substrate, security fibers, a watermarked logo, offset printing, and a geographical color-coded system.     

VARIETIES OF VIOLENT BEHAVIOR

There is an implicit assumption of homogeneity across violent behaviors and offenders in the criminology literature. Arguing against this assumption, I draw on three distinct literatures [child abuse and neglect (CAN) and violence, violence and post‐traumatic stress disorder (PTSD), and CAN and PTSD] to provide a rationale for an examination of varieties of violent behaviors. I use data from my prospective cohort design study of the long‐term consequences of CAN to define three varieties of violent offenders using age of documented cases of CAN, onset of PTSD, and first violent arrest in a temporally correct manner [CAN → to violence, CAN → PTSD → violence (PTSD first), and CAN → violence → PTSD (violence first)], and a fourth variety, violence only. The results illustrate meaningful heterogeneity in violent behavior and different developmental patterns and characteristics. There are three major implications: First, programs and policies that target violence need to recognize the heterogeneity and move away from a “one‐size‐fits‐all” approach. Second, violence prevention policies and programs that target abused and neglected children are warranted, given the prominent role of CAN in the backgrounds of these violent offenders. Third, criminologists and others interested in violence need to attend to the role of PTSD, which is present in about one fifth (21 percent) of these violent offenders, and not relegate the study of these offenders to the psychiatric and psychological literatures.