The Right to Due Process in Challenging a Determination of Cause and Manner of Death: Giving the Family the Ability to Contest a Cause and Manner Decision by a Medical Examiner in Maryland

2015 ◽  
Vol 5 (3) ◽  
pp. 396-401 ◽  
Author(s):  
David R. Fowler ◽  
Bruce Goldfarb
Keyword(s):  
Due Process ◽  
Medical Examiner ◽  
Manner Of Death ◽  
The Family ◽  
The Right

scholarly journals “Rust stain”: a rare mark in firearm suicide—a case report and review of the literature

2021 ◽  
Author(s):  
Luca Tomassini ◽  
Daniele Paolini ◽  
Anna Maria Manta ◽  
Edoardo Bottoni ◽  
Costantino Ciallella
Keyword(s):  
Case Report ◽  
Medical Examiner ◽  
Experimental Setting ◽  
Review Of The Literature ◽  
Histological Findings ◽  
Porcine Skin ◽  
Manner Of Death ◽  
Prolonged Contact ◽  
Firearm Suicide

AbstractRust stains are marks left by firearms in case of prolonged contact with the cutaneous surfaces. These peculiar signs along with other well-documented findings can guide the medical examiner in the determination of the manner of death, especially in case of firearm suicide. This paper presents the case of a 33-year-old male soldier who committed suicide by using a short-barreled weapon, whose trigger remained in contact with the first finger of his right hand, leading to the formation of a rust stain that perfectly reproduced its design. The forensic examination of the scene, the external cadaveric inspection, and the autopsy are described. For the evaluation of the histological findings typical of rust spots, the authors decided to replicate the phenomenon in an experimental setting using porcine skin. In order to provide an exhaustive overview on the formation and the features of rust stains, a review of the forensic literature concerning this rare mark was performed.

Practical Pathology of Gunshot Wounds

2006 ◽  
Vol 130 (9) ◽  
pp. 1283-1289 ◽  
Author(s):  
J. Scott Denton ◽  
Adrienne Segovia ◽  
James A. Filkins
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Gunshot Wound ◽  
Gunshot Wounds ◽  
The United States ◽  
Medical Examiner ◽  
Manner Of Death ◽  
Entrance Wound ◽  
Practical Guidelines

Abstract Context.—Gunshot wounds are the most common cause of homicidal death in the United States. Analysis and interpretation of fatal gunshot wounds is an important and common practice among forensic pathologists. Additionally, for pathology residents, it is an integral aspect of their training during their rotations at medical examiner or coroner offices. Objective.—The correct interpretation of gunshot wounds by forensic pathologists not only provides valuable information that can assist law enforcement in their investigation but also is essential for the final determination of manner of death. Discussion of the practical, basic, and essential skills required to interpret gunshot wounds include distinguishing a classic entrance wound from an exit wound; recognizing atypical entrance and exit wounds; utilizing the features of soot and stippling patterns to differentiate among contact, close, and distant range gunshot wounds; understanding of the trauma produced by gunshot wounds; and understanding the importance of recovering and documenting/handling any projectiles recovered at autopsy. Data Sources.—This article reviews numerous standard forensic pathology textbooks and the pertinent literature to formulate practical guidelines to assist the pathologist in the performance of forensic autopsies and the investigation of gunshot wound fatalities. Conclusions.—Pathologists who perform investigations and autopsies to determine the cause and manner of death in gunshot wound cases must be aware of the implications, requirements, and pitfalls in interpretation of the injuries so that the examination fulfills its expectations to the community and the justice system.

scholarly journals Divorce Agreements: Certain Theoretical and Practical Aspects

2019 ◽  
pp. 28-33
Author(s):  
O.V. Mykhalniuk
Keyword(s):  
Real Estate ◽  
Wide Range ◽  
Housing Rights ◽  
The Family ◽  
Marriage Contract ◽  
Life Issues ◽  
The Right ◽  
Family Code ◽  
Joint Property

The article deals with the problems of contractual regulation of the relationship between spouses in the process of divorce, determination of the terms of agreements on the maintenance, and the upbringing of children in the order according to Art. 109 Family Code of Ukraine, identification of contractual forms for settlement of other issues arising in the process of divorce, namely: division of property, separation of shares from the joint property of spouses, use of joint property, provision of housing interests of children, etc. Considerable attention was paid to the issues of improvement of Art. 109 of the Family Code of Ukraine. The view is expressed that the husband and wife, resolving the issue of divorce by mutual consent according to Art. 109 of the Family Code of Ukraine, are obliged on a contractual basis to determine the living conditions of children after divorce, by concluding two types of agreements: the agreement on the exercise of parental rights and obligations (Part 1 of Article 109 of the Family Code); the agreement on the maintenance of the child to those of the parents who live separately or the agreement on the discontinuation of the right to alimony in exchange for the acquisition of ownership of real estate (Part 2 of Article 109 of the Family Code of Ukraine). It is also argued that a spouse in the divorce process may enter into a single agreement, combining the terms of both agreements (on maintenance and on upbringing). The main characteristic of the agreement on discontinuation of the right to alimony in exchange for the acquisition of the property right for real estate with the purpose of securing the housing rights of the children in divorce is investigated. Given the need to resolve on a contractual basis a wide range of divorced life issues, it is proposed to consider family law agreements in the process of divorce in a narrow and broad sense. The article also analyzes the practical prerequisites for implementation a single comprehensive divorce agreement into the legislation of Ukraine, as well as proposes to distinguish it from the marriage contract in the case of divorce. Keywords: divorce, simplified divorce procedure, contracts between spouses, upbringing and maintenance of children, discontinuation of the right to alimony.

scholarly journals Pengembangan Usaha Terhadap Perempuan Bali Pasca Perceraian Dari Perkawinan Campuran Bermuatan Gender Dalam Hukum

2020 ◽  
Vol 2 (1) ◽  
pp. 101-108
Author(s):  
Ni Ketut Sari Adnyani
Keyword(s):  
Business Law ◽  
Mixed Marriages ◽  
Sociological Jurisprudence ◽  
The Family ◽  
The Status ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Marital Agreement

This study aims to examine the opportunities for Balinese women in the field ofbusiness development after divorce from mixed marriages, prioritizing the principle ofgender responsiveness into awig-awig, the application of the burden of tolerance to102menyama braya, the status of krama istri, and carrying out the obligation to dance at thetemple. Tri Kahyangan is the goal of the gender content in the law of the business beingdeveloped. The research method in this study is sociological jurisprudence, and the typeof research is analytic study of legal materials that adopt women's rights in the businessworld. The binding legal material refers to the Republic of Indonesia State ConstitutionArticle 18 B paragraph (2) and the Traditional Village Awigers which refer to the DecreeNumber 01 / KEP / PSM-3/ MDP / Bali / X / 2010 by the Main Assembly of the PakramanVillage ( MUDP) Bali concerning the division of inheritance of Balinese women withstatus (pradana) has the right to inherit even though they have married and followed herhusband, inheritance in the form of assets can be the main capital for businessdevelopment in the context of business law. The determination of the research subject wascarried out by stratified random sampling. Legal material analysis techniques aredescriptive. The results of the study: Balinese women were given the opportunity to beaccepted as wife's manners based on the pre-marital agreement of the bride, bride'sfamily, and traditional village which contained the provision that in the future if anincident of custom divorce is ready to accept and provide opportunities to carry outroutines such as the wives of their wives in general. The implication of the gender contentin the law is that the consensus reference from the results of the women's traditionalvillage meeting that is the status of widows from mixed marriages is given the opportunityto open business opportunities in the local village area, and is entitled to inheritancegrants in accordance with the provisions adopted by MUDP Bali after obtaining anagreement with the family big through family consultation with the traditional village(dharma pula).

THE FACTORS OF CAREER SELF-DETERMINATION OF STUDENTS OF HIGHER EDUCATION INSTITUTIONS

2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Well Being ◽  
Young Person ◽  
Self Determination ◽  
Full Time ◽  
Actual Problem ◽  
The Third ◽  
The Right

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.

SYSTEMIC CAUSES OF THE APPEARANCE OF “COBRA EFFECT” IN THE MANAGEMENT OF SOCIO-ECONOMIC DEVELOPMENT

2019 ◽  
Vol 86 (3) ◽  
pp. 51-61
Author(s):  
M. S. Mokiy ◽  
E. K. Borzenko
Keyword(s):  
Economic Development ◽  
Economic System ◽  
Gross National Product ◽  
The Family ◽  
Social And Economic Development ◽  
Socio Economic Development ◽  
Energy Consuming ◽  
The Right ◽  
Goals And Objectives ◽  
Least Energy

The article on the basis of extrapolation of system laws of management of social and economic development illustrates the system reason of the Cobra effect, that is, a situation where, despite the rather attractive goals that managers formulate, the result of the activities of subordinates is opposite to what was intended. The main problem of management is the development of a system of indicators, in which, working on the indicator, employees would change the state in the right direction. The reason for the Cobra effect is the manifestation of systemic patterns of socio-economic development. The main system regularity is the desire of the system for stability and self-preservation. This state of the system is achieved using the least energy-consuming way. It is shown that any worker, realizing system regularities, aspires to stability and self-preservation. Therefore, the employee is always forced to work for achieving the indicator. The article analyzes the manifestation of these laws at the level of enterprises and state. When managers understand these patterns explicitly or covertly, changes in the economic system are moving in the right direction. It is shown that the existing system of target indicators used as indicators to assess the effectiveness of management does not meet the goals and objectives of socio-economic development. At the meso- and macrolevel, absolute, volumetric indicators, such as gross national product and others, reduce the range of benefits to the population. The article defines the vector of change in the system of indicators for assessing the effectiveness of management at the regional and state levels, based on the fact that the key element is the family. At the same time, the targets should be indicators to assess the availability of benefits for households.

Role of the family focused technologies in the clinical course of pregnancy at women of high obstetric risk

2016 ◽  
pp. 64-66
Author(s):  
S.Yu. Vdovichenko ◽  
Keyword(s):  
Comparison Group ◽  
Traditional Approach ◽  
Married Couple ◽  
Premature Births ◽  
Individual Support ◽  
The Family ◽  
Risk Patients ◽  
Individual Preparation

The objective: to show a role of the family focused technologies in depression of frequency of pathology of pregnancy at women of high obstetric risk. Patients and methods. For determination of efficiency of prophylaxis of pathology of pregnancy on the basis of use of the family focused technologies complex clinical-psychological and laboratory and tool examination of 300 women with factors of obstetric risk which were divided into two groups was conducted. In the main group – 182 women with motivation on partner labors to which provided training on system of individual preparation of married couple to labors. The comparison group consisted of 118 women who were not in prenatal training and had individual support in childbirth, with the traditional approach to pain management. Results. Use of the family focused technologies during pregnancy allows to reduce significantly the frequency of the main complications of pregnancy, especially not incubation and premature births. Conclusion. In our opinion, the technique is simple, available and can widely be used in practical health care at women with high obstetric risk. Key words: obstetric risk, the family focused technologies, prophylaxis.

VALUE EDUCATION SYSTEM IN INDIA

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Jyoti Narayan Patra ◽  
Jayanta Mete
Keyword(s):  
Education System ◽  
Personality Development ◽  
The Family ◽  
The Individual ◽  
The Right

Values are like seeds that sprout, become saplings, grow into trees and spread their branches all around. To be able to think right, to feel the right kind of emotions and to act in the desirable manner are the prime phases of personality development. Building up of values system starts with the individual, moves on to the family and community, reorienting systems, structures and institutions, spreading throughout the land and ultimately embracing the planet as a whole. The culture of inclusivity is particularly relevant and important in the context of our society, nation and making education a right for all children.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

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