Investigation Delayed Is Justice Denied: Proposals for Expediting Forensic Examinations of Digital Evidence*

Abstract: There is an urgent need to reduce the growing backlog of forensic examinations in Digital Forensics Laboratories (DFLs). Currently, DFLs routinely create forensic duplicates and perform in‐depth forensic examinations of all submitted media. This approach is rapidly becoming untenable as more cases involve increasing quantities of digital evidence. A more efficient and effective three‐tiered strategy for performing forensic examinations will enable DFLs to produce useful results in a timely manner at different phases of an investigation, and will reduce unnecessary expenditure of resources on less serious matters. The three levels of forensic examination are described along with practical examples and suitable tools. Realizing that this is not simply a technical problem, we address the need to update training and establish thresholds in DFLs. Threshold considerations include the likelihood of missing exculpatory evidence and seriousness of the offense. We conclude with the implications of scaling forensic examinations to the investigation.     

Blurring the love lines: The legal implications of intimacy with machines

In this paper, I explore an area of emerging science, android science, and attempt to start a dialogue about possible future legal implications of fully conscious robots, referred to in this essay as humanoids. While the world currently has millions of robots doing industrial, commercial, and household tasks, I focus specifically on the legal challenges of human sexual interaction with future humanoids, albeit notional technology at this point in time. While this humanoid is a giant leap forward technologically, if a self-aware, super-intelligent, thinking, feeling humanoid is developed, the legal system will be hard pressed to distinguish this creature legally from human actors on grounds not stemming from a religious or moral prejudice. I consider whether human–humanoid sexual interactions should be regulated, the possible rights that might devolve to humanoids, and, finally, possible cost and benefit implications to humans in providing protections to humanoids. The objective is to discuss how the legal framework might appear if humans are not the only legal actors.     

儒家心性论与当代伦理实践

儒家心性论思想是一个历史范畴,随着时代的变化不断深化,并成为我国传统文化史上的核心内容。在当前社会转型期,发掘儒家心性之学的价值并运用于当代伦理实践,从而强固人们内在精神生活的根据,是时代提出的迫切需要。     

Mitigation Evidence and the Ethical Role of a Defense Attorney in a Capital Case

In 1972, the U.S. Supreme Court decided Furman v. Georgia. This landmark case changed the death penalty in the United States. In Gregg v. Georgia (1976), the Supreme Court made it clear that mitigating factors were to be heard before sentencing to ensure individualized sentencing. Every defendant has a story, a family, a childhood, trauma, and celebration—a reason their life should be spared from execution. In a capital case, a defense attorney’s ethical role is to craft that story and articulate it in a way that enables the jury to have a complete picture of the defendant’s background and character as they decide his punishment. Mitigating factors are not an excuse for the defendant’s behavior, but rather an insight into who the defendant is and what has shaped his life. A defense attorney’s ethical duty in a capital case is to argue the case on all legal points and to present a thorough investigation of mitigating evidence. A thorough investigation of all such evidence is required by case law and explained by the standards set forth by the ABA guidelines.     

中国古代民本思想下的为官“理”念

民本不同于民主,在不同思想指导下的为官"官"念也不同.现代"官"念中,许多影响"官德"提高的因素,是在封建社会的民本思想意识指导下形成的.因此,要想提高现代官员的道德水平,必须对民本思想下的为官"官"念进行深入剖析,追根溯源,才能找到提高现代"官德"的钥匙.     

犯罪本质的新诠释

犯罪本质论具有理论和实践价值。关于犯罪本质主要有社会危害性说、法益侵害说和伦理规范违反说,但社会危害性说和法益侵害说存在不同的问题。本文主张基本伦理规范违反说,刑法立法和司法中的若干问题可以证明该说的合理性。     

Squaring the Virtuous Circle: Exploring the Potential of the ‘Five Cs’

During his May 2014 visit to Australia Pascal Lamy, former Director General of the World Trade Organization, urged ‘public institutions, civil society, and global businesses’ to forge ‘creative coalitions’ for the purpose of engaging constructively and positively with the complex problems standing in the way of achieving social and economic sustainability. Lamy's visit was but the first of several occasions during 2014 in which intense public discussion erupted about the need for government, business, and civil society to pool their capacities in boundary‐spanning efforts to address complex policy problems. This article investigates whether the public discussion portends a heightened policy focus on the ‘five Cs’: co‐production, co‐design, corporate social responsibility, collective impact, and Lamy's creative coalitions.     

Public sector leadership‐subordinate ethical diffusion conundrum: perspectives from developing African countries

The interaction between organizational superiors and their subordinates has a practical implication on the entire organizational life cycle in terms of ethical conduct. This study explores how ethics among public leadership could trickle down on the conduct of public employees by using two empirical cases from developing African countries context. Using the attraction–selection–attrition and social learning models, the study assesses how superiors influence street level bureaucrats' interaction with clients or customers. Drawing from existing cases and other secondary data, we propose a leadership‐ethical diffusion model that argues that subordinates' perception and experience of superiors' behavior tend to create a kind of organizational ‘ethical groupthink’, which spans the rank and file of the organization. Copyright © 2015 John Wiley & Sons, Ltd.     

陆荣廷与护国战争

1915年爆发的护国战争 ,是一场中国资产阶级旨在捍卫共和、反对袁世凯复辟帝制的具有进步意义的革命的战争。陆荣廷为首的桂系在战争的关键时刻宣布广西独立 ,参加反袁护国战争 ,并在战争中起到了积极的十分重要的作用 ,为粉碎袁世凯复辟帝制作出了极其重大贡献。