Using Raman Spectroscopy to solve crime: inks, questioned documents and fraud

Raman microscopy is becoming a tool of major importance in forensic analysis, particularly of drugs and explosives. It is a non-invasive, non-destructive chemical probe allowing samples to be examined in their entirety without any preparation. This paper demonstrates the use of the technique as a general tool for inks analysis. Furthermore, it addresses two important issues that historically have been extremely difficult for the professional document examiner, namely, comparison of black ballpoint inks and the chronological sequencing of crossed ink lines. We show that Raman can successfully distinguish between a representative sample of commercially available black ballpoint inks. This data has been converted into a database for future reference. A method for chronological sequencing of crossed ink lines has been developed using confocal Raman microscopy. Case study work has shown the feasibility of this approach.     

涉及民间借贷违法犯罪的法律适用问题研究

在办理非法集资犯罪案件的过程中,我们应从犯罪行为人的主观心态、集资行为方式、集资对象等方便进行考察,以界定行为所针对的对象是否为社会不特定对象。在对非法集资犯罪行为人非法占有目的进行认定时,要走出以犯罪结果为依据的客观归罪误区,坚持主客观相统一的原则。应当界定非法集资犯罪行为赃款的范围并明确追缴主体及其职责。非法集资共同犯罪的正犯包括集资人本人以及与集资人共谋并通过各种形式分得赃款的行为人。放任犯罪结果发生的下线人员属于集资诈骗罪的帮助犯,对不知资金获取人存在诈骗故意而将非法吸收的公众存款转贷给诈骗行为人的下线行为人,应以非法吸收公众存款罪论处。     

The illegal parrot trade: a literature review

Parrots are amongst the most beautiful and intelligent bird species in the world. They have been coveted as pets for centuries, particularly in the neo-tropics where they are heavily populated. Unfortunately, this has led to dramatic increases in parrot poaching over the last few decades, making parrots the most threatened bird species in the world. Despite laws against parrot poaching throughout the neo-tropics, the illegal trade continues while parrot populations further decline. This article reviews the literature on the players in the illegal parrot trade (i.e. poachers, itinerant fences, and market sellers), how poaching is largely committed, and which species are more at risk of becoming poached.     

Beyond the ‘Natasha’ story – a review and critique of current research on sex trafficking

A review of literature on sex trafficking since 2000 reveals that numerous articles have been published in scholarly journals but few are based on systematic primary data collection. Much of our current knowledge, including statistical estimates and characteristics of the trafficking business, derives from a handful reports issued by government and non-government agencies. With few empirical studies available, imagination seems to have filled the gaps of our knowledge. The problem was further complicated by a manifest (sometimes subtle) moral crusading agenda aimed at a deep-rooted and hotly debated social practice.

Also noticeable in the literature is an increasing number of authors who have begun to challenge the empirical premises claimed by these published reports. These sceptical authors find that many articles of questionable quality have been published in peer-reviewed journals, and claim that the current discourse on human trafficking is driven by mythology rather than empirical research.

Rather than dwelling on gaps in our knowledge or concerns over the moral overtone in academic research, this paper seeks to raise specific research questions and explore possible field strategies that can advance our knowledge on this topic. Regardless of one's moral compass, the future of research on sex trafficking cannot become credible without a solid empirical foundation.     

LC-MS/MS法检测圆珠笔墨迹中碱性蓝7及其去乙基产物的降解变化

目的考察圆珠笔墨迹中碱性蓝7及其去乙基产物的降解变化,为圆珠笔墨迹书写时间的研究提供基础数据。方法用氙灯老化碱性蓝7以生成其5个去乙基产物。建立LC-MS/MS检测碱性蓝7及其去乙基产物的方法。制作圆珠笔墨迹样本,在室内自然光照条件下老化3个月,同时进行控制实验条件的氙灯老化和高温老化实验。结果碱性蓝7的相对含量持续下降,其第一、第二级去乙基产物E4、E3的相对含量相继达到最大值,剩余三个去乙基产物E2、E1和E0的相对含量在三个月内持续增加。结论碱性蓝7的相对含量与光的辐照能量呈指数函数关系,其去乙基产物E4、E3的相对含量与光的辐照能量呈二次函数关系。不同油墨中碱性蓝7的老化曲线不同。温度对碱性蓝7的降解基本没有影响。     

关于佛山代购火车票案定性的思考

佛山代购火车票案中钟某夫妻二人的行为不构成倒卖车票罪和非法经营罪。钟某夫妻二人的行为是一种民事代理行为,每张火车票加收10元手续费是委托合同双方事先约定的服务费。其行为既没有使铁路部门受到损失,也没有损害委托人的利益,故不应当以犯罪论处。     

非法行医罪主体的实质解释

犯罪主体的认定可以说是非法行医罪中最为复杂的问题,立足于实质的解释论,将"未取得执行资格"解释为未取得医师执业资格证书,遵从了目的解释的方法,不仅可以解决"三超行为"、美容师、医疗机构开办者、见习医生等情形的认定问题,还可适用于乡村医生、单位挂靠医疗机构、个人家中行医等行为的具体认定,从而平衡保护社会公共卫生秩序与保障个人权利之间的关系,为非法行医罪的争议问题提供一条可行的解决路径。     

竞价排名的法律规制

搜索引擎以其全球性、实时性等特点在网络经济时代发展极为迅速,而基于此产生的竞价排名行为,在法学领域还是一个新生事物,对竞价排名如何定性及规制成了司法实践中的难点。应对竞价排名进行法律规制,可全面保护各方权利人的合法权益。     

Merging legality with illegality in Paraguay: the cluster of order in Pedro Juan Caballero

Paraguay is often described as a territory of drug trafficking, smuggling and commercial piracy. However, the country remains understudied by academics researching criminality and illegal markets. Pedro Juan Caballero, a city located on the northern border with Brazil, is an interesting case study to illustrate how legality and illegality merge in Paraguay to create hybrid social orders. The daily life in the city, one of the best places in the world for cultivating marijuana, unfolds between the higher homicides rates and some of the lowest levels of common criminality in Paraguay. Far from being a matter of state weakness, the expansion and tolerance of illegal activities is framed within a cluster of order that combines both rational legal practices and neo-­patrimonial norms. The presence and roles of state institutions are re-signified, generating alternative hierarchies, practices and values to supply social, political and economic outcomes. Through in-depth interviews with key informants, ethnography visits and analyses of aggregated data, this paper describes the hybrid order of Pedro Juan Caballero by tallying the incentives that encourage social and institutional tolerance of illegality and describes how illegal practices create access to goods, services, protection and expectations not provided by the legal framework.     

Analysis of the Effects and Relationship of Perceived Handwritten Signature's Size,Graphical Complexity,and Legibility with Dynamic Parameters for Forged and Genuine Samples

This article presents an analysis of handwritten signature dynamics belonging to two authentication groups, namely genuine and forged signature samples. Genuine signatures are initially classified based on their relative size, graphical complexity, and legibility as perceived by human examiners. A pool of dynamic features is then extracted for each signature sample in the two groups. A two‐way analysis of variance (ANOVA) is carried out to investigate the effects and the relationship between the perceived classifications and the authentication groups. Homogeneity of variance was ensured through Bartlett's test prior to ANOVA testing. The results demonstrated that among all the investigated dynamic features, pen pressure is the most distinctive which is significantly different for the two authentication groups as well as for the different perceived classifications. In addition, all the relationships investigated, namely authenticity group versus size, graphical complexity, and legibility, were found to be positive for pen pressure.