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Examining the liability issues associated with prone restraint deaths in detention 审查与拘留期间容易发生的克制死亡有关的责任问题
Pub Date : 2019-05-13 DOI: 10.15406/frcij.2019.07.00273
D. Ross
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引用次数: 0
Transformation of labour rights: a solution to protecting prisoners in China? 劳动权利转型:中国囚犯保护的出路?
Pub Date : 2019-04-23 DOI: 10.15406/frcij.2019.07.00272
N. Jiang, Yue Wang
According to the protected interests and normative environments within the above international labour standards, labour rights may be transformed on the basis of three primary aspects. These aspects include transformation in the subject of labour, in its requirements with respect to content and in its intended objects and purposes. Among these aspects, a transformation in intended objects and purposes may be the core solution to the rights conflict, given that China has not ratified all of its international human rights treaties and that prohibition of forced labour is uncertain to be an international customary norm. Thus, the transformation of labour rights could be developed thorough labour reforms involving the Constitution, criminal law and justice or labour rights in China to solve the rights conflict, of which those in the Constitution is at the core of such transformation as follows:
根据上述国际劳工标准所保护的利益和规范环境,劳工权利的转化可以基于三个主要方面。这些方面包括劳动主体、劳动内容方面的要求以及劳动预期对象和目的的转变。在这些方面中,考虑到中国尚未批准其所有国际人权条约,以及禁止强迫劳动是否能成为国际习惯规范尚不确定,在目标和目的上的转变可能是解决权利冲突的核心办法。因此,中国的劳工权利转换可以从宪法、刑法、司法或劳工权利等方面进行深入的劳动改革,以解决权利冲突,其中宪法中的权利是劳工权利转换的核心,具体表现为:
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引用次数: 0
Forensic evidence – a rape and murder case 法医证据,一起强奸谋杀案
Pub Date : 2019-04-18 DOI: 10.15406/frcij.2019.07.00271
S. Nath, HK Pratihari
Various nature of crimes like murder, rape, assault, suicide, disputed paternity, fraud, accident, acid burning, hacking, poisoning etc. are reported and punishable under different sections of the Indian Penal Code, POCSO/Anti-Dowry Act and other Laws. Among different crimes, the rape and murder are very heinous. Both are unrelated crimes coming under different major heads prescribing stringent punishment under different sections of IPC. As per National Crime Records Bureau (NCRB) report, 30,450murder cases and 38,947rape cases were registered in the year 2016.1 Both the crimes were committed by different psychological mechanism and behavioral activities. The study reveals that rape cases are reported due to sexual intimacy and in more than 90% cases victims are known to their assailants either friend, relative or neighbor and the rest 10% are stranger.2 But sexual homicide (rape-murder) is comparatively less and statistical data is also not available in literature.3 In sexual-homicide cases, the behavior of the accused is observed to be different than normal sexual offenders.4 The rape followed with murder is heinous and committed with aggressive behavior under different situations of the offender resulting death of victim. In such case, physical examination of the victim should be done from head-to-toe conducting with genitoranal area to establish the profile of the criminal. The different factors reported to kill the victim in sexual homicide cases are capsulized in Figure 1.3‒7
各种性质的犯罪,如谋杀、强奸、袭击、自杀、有争议的亲子关系、欺诈、事故、酸烧、黑客攻击、中毒等,根据印度刑法、POCSO/反嫁妆法和其他法律的不同章节进行了报道和惩罚。在不同的罪行中,强奸和谋杀是非常令人发指的。两者都是不相关的罪行,属于不同的主要负责人,根据IPC的不同部分规定严厉的惩罚。根据国家犯罪记录局(NCRB)的报告,2016年登记了30,450起谋杀案和38,947起强奸案。这两起犯罪都是由不同的心理机制和行为活动造成的。研究表明,强奸案的报告是由于性亲密关系,在90%以上的案件中,受害者是施暴者的朋友、亲戚或邻居,其余10%是陌生人但性杀人(强奸杀人)相对较少,文献中也没有统计数据在性杀人案件中,被告的行为被观察到与正常的性犯罪者不同强奸后谋杀是令人发指的,罪犯在不同情况下都有攻击性行为,导致受害者死亡。在这种情况下,应该对受害者进行从头到脚的身体检查,并进行生殖器区域的检查,以确定罪犯的侧写。在性杀人案件中,导致受害人死亡的不同因素概括于图1.3-7
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引用次数: 1
Overview on crime scene procedures involving animals 涉及动物的犯罪现场程序概述
Pub Date : 2019-04-05 DOI: 10.15406/frcij.2019.07.00270
Sérvio Túlio Jacinto Reis, T. M. Tremori, M. Massad, L. M. Ribas, A. B. D. C. F. Pinto, N. Rocha
Crime scene investigation is one of the most important criminal expertise assignments. It depends on the appropriate treatment of the traces found in crime scenes, helping to elucidate the materiality, authorship and dynamics of a crime. It is necessary to recognize the importance of the expertise as a fundamental factor to carry out intelligent and professional investigations, which result in the identification of criminals and in the production of proves.1 There are a number of cases where crimes involve animals, parts of animals, products and by-products of the animal industry, which require the assistance of a veterinarian for the proper examination of the traces. Examples include crimes against wildlife, such as animal abuse, illegal hunting and illegal trade of animals, fraud in animal products and veterinary medicines, crimes against public health and environmental crimes. In addition to these cases, there are many others that require the performance of a veterinary professional, either by private competence or in collaboration with professionals from other areas, such as biologists, chemists, engineers, etc. Animals have relevance to crime scene investigation without necessarily being the main object of the crime, but associated in an indirect manner, in also other situations. This article aims to present the peculiarities of crime scene investigation, which in some way are influenced by animals, depending on the nature or characteristics of the crime committed.
犯罪现场勘查是最重要的刑事鉴定任务之一。它取决于对犯罪现场发现的痕迹的适当处理,有助于阐明犯罪的实质、作者和动态。必须认识到专门知识的重要性,它是进行明智和专业调查的一个基本因素,这些调查的结果是查明罪犯和提供证据在许多案件中,犯罪涉及动物、动物的某些部位、动物工业的产品和副产品,这些都需要兽医的协助,以便对痕迹进行适当的检查。这方面的例子包括侵害野生动物的罪行,例如虐待动物、非法狩猎和非法买卖动物、动物产品和兽药欺诈、危害公共卫生的罪行和环境犯罪。除了这些情况外,还有许多其他情况需要兽医专业人员的表现,要么是私人能力,要么是与其他领域的专业人员合作,如生物学家、化学家、工程师等。动物与犯罪现场调查有关联,不一定是犯罪的主要对象,但在其他情况下也以间接的方式联系在一起。本文旨在呈现犯罪现场调查的特殊性,这在某种程度上受到动物的影响,这取决于犯罪的性质或特征。
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引用次数: 0
The right of peoples to self-determination and territorial integrity of states in the estimates and conclusions of the Venice commission 威尼斯委员会估计和结论中各国人民自决和领土完整的权利
Pub Date : 2019-03-26 DOI: 10.15406/FRCIJ.2019.07.00269
G. Vv
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引用次数: 0
Effect of Fire on DNA and its profiling in homicide cases 火灾对杀人案件中DNA的影响及其分析
Pub Date : 2019-03-26 DOI: 10.15406/frcij.2019.07.0268
Naresh Kumar, A. Chauhan, Ritika Gupta, Aanchal Maitray, D. Sharma, S. Shukla
In forensic investigation, experts deal with distinct types of crime scenes. Every crime scene is considered ubiquitous in correspondence of evidences including sexual assault, murder, homicide by adopting various methods i.e. burning, drowning etc. In homicidal cases, where dead bodies are burnt with very frequent and specific aspiration to dismantle the evidences and concealment the identity of the deceased. Insight of cases, it becomes to determine the cause of death on the spot due to burning and the presence of soot. In addition of it, Isolation of DNA from the remnants of dead bodies or blood present on the partially burnt belongings i.e. clothes, body tissues etc. is a tedious process. By this time, no technical process exists that could deal with such samples that has confronted the elevated temperature during burn process. In this study, an attempt was done to determine the quantity and quality of DNA from body tissues and blood found on the spot with high amount of soot and effect elevated temperature due to burning and accurate DNA profiling in such cases. As a resultant of this study, it was observed that a part/piece of clothes or the biological material can help to identify the deceased on the basis of DNA profiling from the sample which were not in the direct contact of heat/elevated temperature.
在法医调查中,专家处理不同类型的犯罪现场。每个犯罪现场都被认为是无处不在的证据对应,包括性侵犯,谋杀,杀人,采取各种方法,如焚烧,溺水等。在杀人案件中,焚烧尸体的行为非常频繁,目的是为了消除证据,掩盖死者的身份。洞察案件,它成为确定死亡的原因,在现场由于燃烧和烟灰的存在。除此之外,从尸体残骸或部分烧焦的物品(如衣服、身体组织等)上的血液中分离DNA是一个繁琐的过程。到目前为止,还没有一种技术方法可以处理这种在燃烧过程中温度升高的样品。在本研究中,我们试图从现场发现的大量煤烟和燃烧导致温度升高的人体组织和血液中确定DNA的数量和质量,并在这种情况下进行准确的DNA分析。这项研究的结果是,观察到一部分衣服或生物材料可以帮助识别死者,根据DNA分析,从没有直接接触热/高温的样品。
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引用次数: 2
Understanding the violent personality: antisocial personality disorder, psychopathy, & sociopathy explored 理解暴力人格:反社会人格障碍、精神病和反社会人格探讨
Pub Date : 2019-03-25 DOI: 10.15406/frcij.2019.07.00267
S. Johnson
I will refer to the violent personality as one that involves a variety of factors and background, including the following factors supported by the literature Table 1. Some of the factors mentioned above appear to be ignored in general violent risk and court ordered assessments of offenders who engage in domestic abuse (any type of relational violence) and sexual offense crimes. Below is a summary to further explain their relevance.
我将暴力人格称为涉及多种因素和背景的人格,包括以下文献支持的因素表1。上面提到的一些因素在一般的暴力风险中似乎被忽视了,法院下令对参与家庭暴力(任何类型的关系暴力)和性犯罪的罪犯进行评估。下面是一个总结,以进一步解释它们的相关性。
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引用次数: 19
Reasons of crime in Russia 俄罗斯犯罪的原因
Pub Date : 2019-03-19 DOI: 10.15406/frcij.2019.07.00266
Nomokonov Va
Great research on revelation of regularities lying at a basis of contemporary sharpest situation involved with crime in Russia in whole and its several characteristics was done by Russian criminologists for creation of due prepositions and forming of adequate anti-criminal policy. At the same time as it’s seemed that present reaction of the state to criminal challenges isn’t nevertheless optimal. Existing really policy at sphere of struggle with crime don’t take practically into account either dynamic or structure or particularities of its determinations. Thus, liberalization of Russian criminal Law taking place under the flag of humanization has real contrast with increase in crime and worsening of its structure.1 But it doesn’t involve with a law-makers lobby’s orientation, corrupted enforcement branches only. It seems to me, system struggle with rime is hampered by total and systematic conception of reasons of crime’s absence and in present days and therefore there no any essential pithiness in conception of struggle with crime. Not derogating of indisputable of many specialists’ merit working on this theme one should remark that there exist essential unused reserves as well. Over solving of many actual problems one of main ones is in a shadow. One cannot say that criminologists ceased to interest with total conception of crime’ reasons forever. For example, in 2006 Russian mass media published two monographs about criminal reasons.2 But one of them is quite modest in volume:
俄罗斯犯罪学家对俄罗斯当代最尖锐的整体犯罪形势及其若干特征所揭示的规律进行了大量的研究,以创造适当介词,制定适当的反犯罪政策。与此同时,似乎目前国家对犯罪挑战的反应并不是最佳的。现有的与犯罪斗争领域的政策实际上并没有考虑到其决定的动态或结构或特殊性。因此,在人性化旗帜下进行的俄罗斯刑法自由化与犯罪的增加及其结构的恶化形成了真正的对比但它不涉及立法者游说的方向,腐败的执法部门。在我看来,与犯罪作斗争的制度受到了对犯罪缺席原因的整体和系统概念的阻碍,因此在与犯罪作斗争的概念中没有任何本质上的简洁性。在不贬低许多专家从事这一主题工作的无可争辩的功绩的情况下,我们应该指出,也存在一些基本的未使用的储备。许多实际问题的过度解决,其中一个主要问题是处于阴影之中。我们不能说犯罪学家永远不再对犯罪原因的整体概念感兴趣。例如,2006年俄罗斯大众传媒出版了两本关于犯罪原因的专著但其中一种声音的音量相当适中:
{"title":"Reasons of crime in Russia","authors":"Nomokonov Va","doi":"10.15406/frcij.2019.07.00266","DOIUrl":"https://doi.org/10.15406/frcij.2019.07.00266","url":null,"abstract":"Great research on revelation of regularities lying at a basis of contemporary sharpest situation involved with crime in Russia in whole and its several characteristics was done by Russian criminologists for creation of due prepositions and forming of adequate anti-criminal policy. At the same time as it’s seemed that present reaction of the state to criminal challenges isn’t nevertheless optimal. Existing really policy at sphere of struggle with crime don’t take practically into account either dynamic or structure or particularities of its determinations. Thus, liberalization of Russian criminal Law taking place under the flag of humanization has real contrast with increase in crime and worsening of its structure.1 But it doesn’t involve with a law-makers lobby’s orientation, corrupted enforcement branches only. It seems to me, system struggle with rime is hampered by total and systematic conception of reasons of crime’s absence and in present days and therefore there no any essential pithiness in conception of struggle with crime. Not derogating of indisputable of many specialists’ merit working on this theme one should remark that there exist essential unused reserves as well. Over solving of many actual problems one of main ones is in a shadow. One cannot say that criminologists ceased to interest with total conception of crime’ reasons forever. For example, in 2006 Russian mass media published two monographs about criminal reasons.2 But one of them is quite modest in volume:","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123442172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
DNA profiling from blood traces present on clothing’s and detected by Benzidine test in forensic cases 利用衣物上的血迹进行DNA分析,并通过联苯胺测试在法医案件中检测
Pub Date : 2019-03-15 DOI: 10.15406/frcij.2019.07.00265
Naresh Kumar, A. Chauhan, Ritika Gupta, Aanchal Maitray, D. Sharma, S. Shukla
In many instances, several types of evidences are recovered in distinct forms or contaminated with any other types of valuable evidences. For forensic investigation purpose, all these evidences have their potential values and often provide link between the victim and accused/suspect. In case of murder, sexual assault or hit and run cases, a few blood drops are frequently recovered from the scene of occurrence. The forensic biologist helps the investigation agencies in the collection of the evidences from the spot of incidence and analysis of the same in the laboratory. Police submit the evidential samples in the Forensic laboratory with a query of DNA analysis, for cases like murder, attempt to murder, rape, concealment of identity of individual/fragmented body parts or where body is transferred after murder from one place to another. In outdoor crimes such as rape/ sexual assault, biological materials transfer from victim to accused/ culprit or vice versa and to the surroundings.1 The place of offence must be fixed by the investigation agencies.2 Therefore, traces of blood droplets found at crime scene should be processed for DNA profiling. But due to the traced quantity, such samples get consumed in presumptive blood tests, such as Benzidine test and usually not considered for DNA analysis. In few cases where the blood is washed off from the crime scene/surface, it becomes one of the most crucial problems faced in forensic examination of the criminal cases to detect the blood spot. The surfaces are examined for the presence of blood (a necessity) by use of benzidine or phenolphthalein test. The crucial facet is faced when the blood samples are transferred on clothes in very less quantity. Then, it can be directly tested with benzidine that is competent enough to generate complete DNA profiles. BENZIDINE is a greyish-yellow to greyish -red, crystalline solid. It is toxic by ingestion, inhalation, and skin absorption. Combustion produces toxic oxides of nitrogen. Benzidine molecular weight 184.242g/mol, an aromatic diamine widely used in industrial processes, that’s why, it is used to prepare other chemicals at few instances, it is used for biological analysis. It is also a powerful carcinogen in many animal species. Some presumptive tests have been described for blood stains recognition,3 one of the most commonly used tests is Benzidine and its derivative Tetramethylbenzidine (TMB).4 It has been observed that the administration of benzidine has been shown to produce tumours in liver, hamster liver, and other tissues of exposed animals.5 In most cases to ingestion or inhalation of benzidine workers in the industry suffered a tremendously increased risk of bladder cancer.6 Many investigators have studied the mutagenicity of benzidine and their substitute in short-term tests such as the Ames test.
在许多情况下,几种类型的证据以不同的形式被恢复,或者被任何其他类型的有价值的证据所污染。在法医调查中,这些证据都有其潜在的价值,往往是受害人与被告/嫌疑人之间的联系。在谋杀、性侵犯或肇事逃逸案件中,经常会从案发现场找到几滴血。法医生物学家帮助调查机构从案发现场收集证据并在实验室对证据进行分析。在谋杀、谋杀未遂、强奸、隐瞒个人/破碎的身体部位的身份或谋杀后尸体被转移到另一个地方的案件中,警方会将证据样本送交法证化验所,并查询DNA分析。在户外犯罪中,如强奸/性侵犯,生物材料从受害者转移到被告/罪犯,反之亦然,并转移到周围环境犯罪地点必须由侦查机关确定因此,在犯罪现场发现的血滴痕迹应该进行DNA分析。但由于痕量,这些样本被用于假定的血液测试,如联苯胺测试,通常不考虑用于DNA分析。在少数血迹从犯罪现场/表面被冲走的案件中,血迹的检测成为刑事案件法医鉴定中面临的最关键问题之一。使用联苯胺或酚酞试验检查表面是否存在血液(必要时)。最关键的是,当少量的血液样本被转移到衣服上时。然后,它可以直接用联苯胺进行测试,这种联苯胺足以生成完整的DNA图谱。联苯胺是一种灰黄色到灰红色的结晶固体。吞食、吸入和皮肤吸收有毒。燃烧会产生有毒的氮氧化物。联苯胺分子量为184.242g/mol,是一种芳香二胺,广泛应用于工业生产过程,这就是为什么它很少被用于制备其他化学品,它被用于生物分析。它也是许多动物体内的强致癌物。已有一些用于识别血迹的推定试验3,最常用的试验之一是联苯胺及其衍生物四甲基联苯胺(TMB) 4据观察,联苯胺已被证明在接触联苯胺的动物的肝脏、仓鼠肝脏和其他组织中产生肿瘤在大多数情况下,摄入或吸入联苯胺会大大增加工业工人患膀胱癌的风险许多研究者在短期试验(如Ames试验)中研究了联苯胺及其替代品的致突变性。
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引用次数: 1
Politeness in the courtroom discourse 法庭话语中的礼貌
Pub Date : 2019-03-11 DOI: 10.15406/FRCIJ.2019.07.00264
Meizhen Liao
When talking about politeness in terms of models or theories, the Politeness Principle, a systematic effort made by Geoffrey Leech (1983), out of his desire to rescue the Cooperative Principle,9 from serious trouble, will naturally come to our mind first. The Principle is expressed in two forms, with its negative form being ‘Minimize (other things being equal) the expression of impolite beliefs’ and the positive form ‘Maximize (other things being equal) the expression of polite beliefs’, which are substantiated by the following six maxims:
当谈到礼貌的模型或理论时,我们首先想到的是Geoffrey Leech(1983)为了拯救合作原则(Cooperative Principle)而系统地提出的礼貌原则(politeness Principle)。该原则有两种表现形式,否定形式为“尽量减少(其他条件相同)不礼貌信念的表达”,肯定形式为“尽量增加(其他条件相同)礼貌信念的表达”。这两种表现形式由以下六条格言来证实:
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引用次数: 1
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Foresic Research & Criminology International Journal
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