故意伤害罪新论

由于我国刑法只规定一个伤害故意,因此,当行为人出于轻伤的故意导致他人重伤结果,应当怎样处罚,不仅在刑法理论中没有一个统一的基准,在司法实践中也是见仁见智。实施暴力行为,导致被害人重伤或死亡的,应当属于故意伤害罪的结果加重形态。在故意伤害的情况下,即便有被害者的承诺,由于作为伤害的社会意义并没有变更,因此,不能阻却构成要件的符合性。但是,基于被害者承诺的违法性的阻却,在某种情况下可以成立。阻却违法性的判断,应当根据被害者处分自己身体的安全这一法益,是否具有社会相当性而进行。针对同时伤害的情况,不应认定为共同伤害。     

A proposed dissection procedure for vertebral arteries in forensic pathology

Vertebral artery removing constitutes a significant forensic pathology challenge. Dissection techniques during head-neck autopsy are based on anterior approach, a difficult method, which is unable to assess the transverse part of the artery. This work presents an original and simple method for dissecting vertebral arteries by a posterior approach, opening the vertebroarterial canal through the spinal canal without any special equipment. Once the spinal cord is removed, the transversarium foramens are opened by an internal cut at the pedicle and an external cut at the transverse process. This enables us to visualize vertebral arteries in its entirety. The method improves both the examination of the upper extracranial segment of the vertebral artery and the neuropathological study when arterial injury is suspected. Applying this method routinely is both feasible and useful in suspected cases of vertebral artery trauma and could contribute to assess more precisely the actual incidence of this injury.     

Rights in Criminal Law in the Light of a Will Theory

The will theory of rights has so far been considered incapable of capturing individual rights under criminal law. Adherents of the will theory, therefore, have defended the claim that criminal law does not assign rights to individuals. In this article I argue first, that criminal law does assign individual rights and second, that the will theory of rights may enhance our understanding of these rights. The two major implications of the account are: a volenti non fit iniuria principle for criminal law, and a theoretical framework for an idea of punishment as restitution.     

Gender and Injury Risk in Incidents of Assaultive Violence

This study investigates the situational characteristics that determine the presence and severity of injury in incidents of assaultive violence. The analysis uses merged data from the National Crime Victimization Survey and the Supplementary Homicide Reports for the years 1992-2008, in order to model the determinants of victim injury. The analysis includes all incidents of attempted or completed, non-sexual assault against victims 12?years of age or older. Injury severity is classified into one of four possible levels: no injury, minor injury, serious injury (requiring doctor, hospital, or emergency room care), and lethal injury. Special attention is given to the way in which gender modifies the influence of situational elements on the presence and degree of victim injury. While the results suggest that the situational determinants of injury are by and large uniform for male and female victims, important gender differences are observed in the salience of relational distance.     

Assessing the Behavior and Needs of Veterans with Traumatic Brain Injury in Washington State Prisons: Establishing a Foundation for Policy,Practice, and Education

Abstract

A growing awareness of justice-involved veterans is revealing how little is known about this population, to what extent they have experienced a traumatic brain injury (TBI), and how this may relate to institutional behavior, participation in programs, and use of institutional resources. The current study identifies the prevalence of incarcerated veterans in Washington State who have experienced a TBI and how a TBI history may affect their prison experience and use of prison resources. The results of our study show that incarcerated veterans in Washington State with a moderate-to-severe TBI are more likely to use medical services, commit violent infractions, be placed in maximum custody (solitary confinement), and less likely to complete vocational and job skills programs. The importance of these findings to policy and practice is discussed.     

Traumatic Brain Injury among Indiana State Prisoners

Research on traumatic brain injury among inmates has focused on comparing the rate of traumatic brain injury among offenders to the general population, but also how best to screen for traumatic brain injury among this population. This study administered the short version of the Ohio State University Traumatic Brain Injury Identification Method to all male inmates admitted into Indiana state prisons were screened for a month (N = 831). Results indicate that 35.7% of the inmates reported experiencing a traumatic brain injury during their lifetime and that these inmates were more likely to have a psychiatric disorder and a prior period of incarceration than those without. Logistic regression analysis finds that a traumatic brain injury predicts the likelihood of prior incarceration net of age, race, education, and psychiatric disorder. This study suggests that brief instruments can be successfully implemented into prison screenings to help divert inmates into needed treatment.     

Observational Case Series: An Algorithm Incorporating Multidetector Computed Tomography in the Medicolegal Investigation of Human Remains after a Natural Disaster

An algorithm incorporating multidetector computed tomography (MDCT), digital radiographs, and external examination was used to triage cases for noninvasive or complete autopsy after a natural disaster. The algorithm was applied to 27 individuals who died during or soon after the earthquake that struck the Republic of Haiti on January 12, 2010. Of the 27 cases reviewed, 7 (26%) required a complete autopsy to determine cause and manner of death. In the remaining 20 (74%), cause and manner of death were determined with a reasonable degree of medical certainty after review of circumstances, an external examination, and postmortem imaging by MDCT and digital radiography (noninvasive autopsy). MDCT was particularly useful in detecting skeletal fractures caused by blunt force injury which were not evident on digital radiographs. The algorithm incorporating postmortem MDCT can be useful in the triage of human remains for autopsy after a natural disaster.     

中介素（IMD）对大鼠心肌细胞缺氧-复氧损伤的作用

目的探讨中介素（IMD）对大鼠体外培养心肌细胞缺氧-复氧损伤的作用。方法用大鼠H9c2心肌细胞株制作实验模型,样本分为对照组、缺氧-复氧组（缺氧1h、复氧30min）、IMD组（缺氧-复氧前30min加入10-7mol/L IMD）。采用MTT比色法检测心肌细胞活力;透射电镜观察细胞超微结构;激光共聚焦显微镜观察并测定细胞内钙离子浓度;流式细胞术测定细胞凋亡率。结果与对照组比较,缺氧-复氧组和IMD组细胞存活率显著降低,而IMD处理组明显升高细胞存活率（P〈0.01）;在形态学上,IMD预处理可明显减轻缺氧-复氧对大鼠心肌细胞的损伤;缺氧-复氧组细胞[Ca2＋]i荧光强度和细胞凋亡率比对照组显著升高,IMD预处理可明显降低上述升高的比率（P〈0.01）。结论 IMD对大鼠心肌细胞缺氧-复氧损伤有一定保护作用,提高心肌细胞存活率、减轻心肌细胞钙超载和抑制凋亡是其作用途径。     

征收制度的调整及体系效应

按照我国现行法,若在集体所有的土地上进行商业开发建设,不得由集体土地所有权人直接与用地者签订合同,设立集体建设用地使用权,而必须先将集体所有的土地征收为国有,而后由国土资源主管机关将国有建设用地使用权出让给用地者。对此制度实施改革之后,征收制度至少在其适用范围方面应当调整。集体建设用地用于商业目的的,不再适用征收制度;集体经济组织可以直接与用地者签订集体建设用地使用权出让合同,创设集体建设用地使用权。这会使得存在于集体土地上的他物权以及住宅、厂房、办公用房的所有权,在消灭途径及方式方面发生变化。用地者对集体土地所有权人应支付足额对价,对于因集体建设用地使用权出让而终止的土地承包经营权、有偿取得的宅基地使用权、原集体建设用地使用权,也要足额补偿。     

A Safer Method for Body Restoration Following Autopsy

Restoration of autopsy incisions can result in inadvertent needle stick injury to the prosector, which can be difficult to prevent even with the use of personal protective equipment such as Kevlar cut resistant gloves. We present a new technique for closure of autopsy incisions using a commonly available commercial hardware tool, a hole punch with a lever enhanced action, combined with blunt probe sewing, which results in an esthetic and leak‐proof means of restoring cadavers. This technique is especially useful in cases which may pose blood‐borne infection risks to the prosector.