Colchicine Extract Suicidal Lethal Poisoning Confirmation Using High‐Resolution Accurate Mass Spectrometry: A Case Study

A case of suspected acute and lethal intoxication caused by colchicine has been reported. The woman was hospitalized after her suspicion of suicidal poisoning by a rare autumn crocus (Colchicum autumnale). Suspected colchicine poisoning was confirmed using a novel UHPLC method with a modern reversed‐phase stationary phase with a sub 2‐micron superficial porous particle size combined with a QTOF mass spectrometer. Sample preparation procedure included the addition of propiverine as internal standard, protein precipitation using methanol and solid phase extraction. High‐resolution MS only and targeted MS/MS modes are reported for the qualitative analysis and screening of other potential drugs of abuse in blood samples. All Ion MS mode was used for quantitative determination of colchicine afterward. The concentration of colchicine in the blood sample was approximately 41 ng/mL, and more than 200 μg/mL of the plant extract used for the suicide.     

既判力标准时后的形成权行使的规制路径

既判力标准时后的形成权行使是一种诉讼行为,其将有可能从实质上推翻前诉判决,进而危及法的安定性。由于形成权的行使是在既判力的标准时后,属于“新事由”,不受既判力的遮断,因而无法采用诉讼法上的遮断效路径加以排斥。实体法视角是将各种形成权的性质、行使效果以及形成权人与对方当事人的利害状况等实体法因素投射到遮断效路径,进而得出是否加以排斥的结论,其本身并非解决路径,但却为诉讼法上的诚信原则适用时的价值判断提供了客观标准。既判力标准时后的撤销权或解除权的行使构成不诚信的诉讼行为,属于对诉讼权利的滥用,依据实体法因素进行具体的价值判断后,应当适用诚信原则加以排斥,从而维护法的安定性;但抵销权的行使并未危及法的安定性,因而不受限制。     

侦查工作模式的与时俱进

随着诉讼理念、刑事犯罪都出现了新的发展趋势，我们的侦查工作模式必须进行与时俱进的发展。侦查机关及其人员必须转变诉讼价值观念，正确分析当代刑事犯罪趋势，加强刑侦业务基础建设，大力发展和使用刑事科学技术，建立专业化的侦查队伍，以便侦查工作模式实现由先抓人一再取供一后取证转向先取证一再取供一后抓人；由“依赖人证”转向“重视物证”；由被动回应转向主动进攻；由粗分工转向细分工。     

DNA in the Criminal Justice System: The DNA Success Story in Perspective,

Current figures on the efficiency of DNA as an investigative tool in criminal investigations only tell part of the story. To get the DNA success story in the right perspective, we examined all forensic reports from serious (N = 116) and high‐volume crime cases (N = 2791) over the year 2011 from one police region in the Netherlands. These data show that 38% of analyzed serious crime traces (N = 384) and 17% of analyzed high‐volume crime traces (N = 386) did not result in a DNA profile. Turnaround times (from crime scene to DNA report) were 66 days for traces from serious crimes and 44 days for traces from high‐volume crimes. Suspects were truly identified through a match with the Offender DNA database of the Netherlands in 3% of the serious crime cases and in 1% of the high‐volume crime cases. These data are important for both the forensic laboratory and the professionals in the criminal justice system to further optimize forensic DNA testing as an investigative tool.     

Study of the Behaviors of Gunshot Residues from Spent Cartridges by Headspace Solid‐Phase Microextraction–Gas Chromatographic Techniques

Gunshot residues, produced after shooting activity, have acquired their importance in analysis due to the notoriety of firearms‐related crimes. In this study, solid‐phase microextraction was performed to extract the headspace composition of spent cartridges using 85‐μm polyacrylate fiber at 66°C for 21 min. Organic compounds, that is, naphthalene, 2,6‐dinitrotoluene, 2,4‐dinitrotoluene, diphenylamine, and dibutyl phthalate were detected and analyzed by gas chromatography‐flame ionization detection technique. Evaluation of chromatograms for diphenylamine, dibutyl phthalate, and naphthalene indicates the period after a gunshot was discharged, whether it was 1 days, 2–4 days, <5 days, 10 days, 20 days, or more than 30 days ago. This study revealed the potential effects of environmental factors such as occasional wind blow and direct sunlight on the estimation of time after spent cartridges were discharged. In conclusion, we proposed reliable alternative in analyzing the headspace composition of spent cartridges in a simulated crime scene.     

Forensic Use of A Subtropical Blowfly: The First Case Indicating Minimum Postmortem Interval (mPMI) in Southern Brazil and First Record of Sarconesia Chlorogaster from a Human Corpse

Southern Brazil is unique due to its subtropical climate. Here, we report on the first forensic entomology case and the first record of Sarconesia chlorogaster (Wiedemann) in a human corpse in this region. Flies' samples were collected from a body indoors at 20°C. Four species were found, but only Chrysomya albiceps (Wiedemann) and S. chlorogaster were used to estimate the minimum postmortem interval (mPMI). The mPMI was calculated using accumulated degree hour (ADH) and developmental time. The S. chlorogaster puparium collected was light in color, so we used an experiment to establish a more accurate estimate for time since initiation of pupation where we found full tanning after 3 h. Development of C. albiceps at 20°C to the end of the third instar is 7.4 days. The mPMI based on S. chlorogaster (developmental time until the third instar with no more than 3 h of pupae development) was 7.6 days.     

Comments on the Linux FAT32 allocator and file creation order reconstruction [Digit Investig 11(4), 224–233]

Minnaard proposed a novel method that constructs a creation time bound of files recovered without time information. The method exploits a relationship between the creation order of files and their locations on a storage device managed with the Linux FAT32 file system. This creation order reconstruction method is valid only in non-wraparound situations, where the file creation time in a former position is earlier than that in a latter position. In this article, we show that if the Linux FAT32 file allocator traverses the storage space more than once, the creation time of a recovered file is possibly earlier than that of a former file and possibly later than that of a latter file on the Linux FAT32 file system. Also it is analytically verified that there are at most n candidates for the creation time bound of each recovered file where n is the number of traversals by the file allocator. Our analysis is evaluated by examining file allocation patterns of two commercial in-car dashboard cameras.     

UNSTRUCTURED SOCIALIZING AND RATES OF DELINQUENCY

This article applies an individual-level routine activities perspective to explaining rates of delinquency. The theoretical analysis also links the opportunity processes of that perspective to key themes of social disorganization theory. Multilevel analyses of 4, 358 eighth-grade students from thirty-six schools in ten cities support the central hypothesis: Time spent in unstructured socializing with peers has both individual and contextual effects that explain a large share of the variation in rates of delinquency across groups of adolescents who attend different schools. In addition, parental monitoring has a very strong contextual effect on unstructured socializing, which supports the proposed integration of routine activity and social disorganization perspectives.     

刑事司法解释的溯及力辨析

刑事司法解释的目的就在于对将来发生的实际案件可能适用的刑法规范内容尽可能精确化,其作用日趋重要。无论司法解释是对刑法条文的补充还是发展,都必须建立在不违背刑法基本原则及刑法条文立法旨意的基础上,而非一种所谓的创制性立法。刑事司法解释的溯及力应当以所解释的刑法条文本身的溯及力为基准,贯彻从旧兼从轻原则的思想,当然具体适用还应考虑不同情形。     

对确定迟延交付的时间标准的立法思考

在分析海上货物运输承运人具有合理速遣的法定义务的基础上,主张在运输合同没有约定货物交付时间的情况下,“合理时间”应作为我国《海商法》确定迟延交付的时间标准。