An analysis of Korean homicide crime-scene actions

Recent studies have focused on how different styles of homicides will be reflected in the different types of behaviors committed by offenders at a crime scene. It is suggested that these different types of behaviors best be understood using two frameworks, expressive/instrumental aggression and planned/unplanned violence, to analyze the way the offender acts at the crime scene. Multidimensional analysis is carried out on the crime-scene actions of 70 Korean homicides. The proposed frameworks are found to be a useful way of classifying homicide offenses, assigning 80% of homicides to a dominant theme. Results also indicate that behavioral differences can be related to the differences in the offender-victim relationship. Finally, implications and suggestions for future research are discussed.     

Crime scene actions and offender characteristics in arsons

Purpose. Crime scene actions displayed by offenders in arsons were analysed in relation to offender characteristics and self‐reported motives. Methods. Data were drawn from an official police database and consisted of a random sample of arsons occurring in Finland between 1990 and 2001 (N = 189). The structure of dichotomous variables derived through a content analysis of crime scene actions and offender characteristics was analysed using non‐metric multidimensional scaling (MDS) analyses. Results. The analyses revealed four separate crime scene action types, with thematic emphasis on either expressive or instrumental motivation and the target being either a person or object. The MDS solution for offender characteristics suggested four types of offenders: Self‐destructive, Serial, Criminal, and Adolescent. In order to analyse the associations between action and characteristics themes, each case was assigned to one of the action and characteristic themes or a hybrid based on the frequency of variables present from each theme. Several statistically significant associations between the action and characteristic themes were found. Self‐reported motives were also analysed in relation to the themes. Conclusions. The results support the thematic classification of arsonists presented in Canter and Fritzon (1998). The results are discussed with regard to earlier research and deducing offender characteristics based on crime scene actions.     

Juvenile firesetters: Crime scene actions and offender characteristics

Purpose. To investigate whether and to what extent the thematic structure of crime scene actions in arsons identified in Canter and Fritzon (1998) is replicated for juvenile firesetters and to explore whether any associations between the crime scene action themes and offender characteristics would be evident. Methods. The crime scene actions and offender characteristics of 61 male and 5 female juvenile firesetters (aged 6‐17 years) were examined. The data were drawn from a larger database originally collected and content analysed in Fritzon (1998). In total, 43 dichotomous crime scene actions, 17 offender background characteristics and offender criminal record variables had been coded. Smallest space analysis was employed to examine the configuration of crime scene action and offender characteristic variables. The associations between the crime scene actions and offender characteristics, as well as the criminal record variables, were analysed using the correlation. Results. Distinct structural themes for crime scene actions were found in juvenile firesetting, similar to those identified in Canter and Fritzon (1998). Contrary to Canter and Fritzon, only two groups of background characteristics were identified, depressed and delinquent, the latter being more common and related to an instrumental form of firesetting. The expressive form of firesetting was associated with offenders' psychopathology and female gender. The presence of a crime scene action theme was associated with the offender's age. Conclusions. The structural themes of firesetting behaviour appear to transpire early. The background characteristics of juvenile firesetters indicate that juvenile firesetting is often associated with antisocial behaviour and psychopathology, deserving, therefore, disparate prevention, intervention and investigation programmes.     

过限犯认定问题研究

过限犯是附随于共同犯罪过程中的一种特殊的犯罪形态。过限犯认定对于明确行为人刑事责任和惩罚犯罪具有重要的意义。本文结合共同实行犯、组织犯、教唆犯和帮助犯等不同的共犯类型,全面而具体地探讨了过限犯的认定问题。     

Homicides with Mutilation of the Victim's Body

Abstract:  Information on homicide offenders guilty of mutilation is sparse. The current study estimates the rate of mutilation of the victim's body in Finnish homicides and compares sociodemographic characteristics, crime history, life course development, psychopathy, and psychopathology of these and other homicide offenders. Crime reports and forensic examination reports of all offenders subjected to forensic examination and convicted for a homicide in 1995–2004 ( n  = 676) were retrospectively analyzed for offense and offender variables and scored with the Psychopathy Check List Revised. Thirteen homicides (2.2%) involved mutilation. Educational and mental health problems in childhood, inpatient mental health contacts, self-destructiveness, and schizophrenia were significantly more frequent in offenders guilty of mutilation. Mutilation bore no significant association with psychopathy or substance abuse. The higher than usual prevalence of developmental difficulties and mental disorder of this subsample of offenders needs to be recognized.     

CO‐OFFENDING AND THE DEVELOPMENT OF THE DELINQUENT CAREER*

This article examines the role of co‐offending in the development of the delinquent career. Hypotheses derived from Reiss's (1986, 1988) taxonomic theory of co‐offending are tested, using police‐reported data on the delinquent careers and co‐offending of 55,336 Canadian offenders. Support is found for a taxonomic theory and for age‐related and functional theories of co‐offending. The taxonomy consists of two types of offenders—high activity (3 percent) and low activity (97 percent)—whose co‐offending patterns differ during the teenage years but not during childhood. For low‐activity offenders as teenagers, the proportion of co‐offenses decreases with criminal experience. The rate of co‐offending by high‐activity offenders as teenagers is lower at onset than for low‐activity offenders, and it varies little with criminal experience. For both offender types, the proportion of co‐offenses decreases with age, is slightly less in males, and varies with the type of offense. For both offender types, the proportion of co‐offenses in childhood offending is greater than in the teenage years and is unrelated to the offender's age or criminal experience.     

The relationship between mental illness and violence in a mentally disordered offender sample: evaluating criminogenic and psychopathological predictors

The importance of mental illness as a risk factor for violence has been debated with significant implications for mental health policy and clinical practice. In offender samples, psychopathology tends to be unrelated to recidivism, although some researchers have noted that this relationship may be dependent upon certain moderating factors. In the present, prospective investigation, psychopathology is examined as predictors of recidivism in 121 provincially sentenced (i.e. less than 2 years) mentally disordered offenders. Results indicated that psychopathological predictors were generally poor predictors of recidivism in univariate and multivariate analyses. Consistent with our hypotheses, age of onset of criminal activity was a significant moderating factor on the relationship between mental illness and recidivism, although results were not in the expected direction for certain classes of mental illness. Results are discussed in the context of a social learning model of crime and in terms of the treatment of mentally disordered offenders.     

The criminal career of men convicted of rape: evidence from a Norwegian national cohort

The extent to which sexual offenders are a group separate from other types of offenders has been debated for many years and investigated from different perspectives. The present study investigated similarities and differences regarding socio-economic background, criminal history and recidivism involving new crimes between rape offenders and three other groups: other sexual offenders, non-sexual violent offenders and other offenders. Data came from Norwegian population registers containing information on all crimes investigated from 1992 to 2012. The sample consisted of all persons convicted in 2002 and 2003 (N = 36,951). Background characteristics and estimated recidivism risk was described using hazard models. Results indicated that men convicted of rape (n = 142) had lower levels of education and that a higher percentage of them were on social benefits compared to the other crime groups. A large majority (79%) of rape-convicted men had previous convictions. Rape offenders were considerably more criminally active and diverse than the other crime groups. Prior criminal record, irrespective of type, increased the risk of recidivism in general. Controlling for other background characteristics did not alter this outcome. Treatment of convicted rapists needs to take into consideration that this offender group has much in common with violent offenders in general.     

Differentiating sexual violence: A comparison of sexual homicide and rape

Abstract

The present study sought to identify consistent patterns in the actions of sexually violent offenders to determine whether sexual homicide and rape reflect different behavioral emphasis of a single thematic model of sexual assault. Crime scene behaviors of 74 (37 sexual homicides and 37 rapes) solved cases of sexual assaults were compared, and results of a multi-dimensional analysis revealed three thematic styles of interacting with the victim during a sexual assault (Exploit, Control, and Violent). Further analysis indicated that offender–victim interactions in sexual homicide and rape are predominantly distinguished by the degree of violence, such that behaviors associated with each type of offense were found to occur in two discrete areas along a single continuum. Findings are discussed in terms of producing a general framework for understanding sexual violent interactions.     

Using data on offender mobility in ecological research

This article presents some findings on neighborhood structure, police recorded crime, and offender mobility for the city of Utrecht, the Netherlands. The highest crime rates were found in the inner-city neighborhoods. The findings further show that the occurrence of different types of petty crime in residential neighborhoods is associated with different neighborhood characteristics. It was found that offenders reside predominantly in lower-social status neighborhoods. Using data on offender mobility it is shown that violent crime and vandalism are the more locally committed crimes, as compared to residential burglary and other property crime. Finally, it is proposed that data on offender mobility can be used to gain more insight into the link between certain neighborhood characteristics and crime.     

主犯若干问题的探讨

主犯是共同犯罪中人身危险性最大的共同犯罪人 ,历来是我国刑法打击的重点。我国目前并没有专门针对刑法总则共同犯罪条文在适用上予以解释的法律文件 ,但是 ,尚有针对刑法分则具体犯罪关于共同犯罪的相关解释中涉及主犯认定的内容 ,但这是否能够视为直接针对共同犯罪具体条文适用的一般性规定 ,还有疑问。本文就主犯的若干问题进行了探讨 ,以期对主犯的认识能够进一步深入。     

Modeling the Distribution of Sentence Length Decisions Under a Guidelines System: An Application of Quantile Regression Models

How should sentencing disparity be assessed when decisions are constrained under a sentencing guidelines system? Much of the debate over the measurement of sentence disparity under a guidelines system has focused primarily on using specific values from within the sentencing grid (e.g., minimum recommended sentence) or on using interaction terms in regression models to capture the non-additive effects of offense severity and prior record on length of sentence. In this paper, I propose an alternative method for assessing sentencing disparity that uses quantile regression models. These models offer several advantages over traditional OLS analyses (and related linear models) of sentence length, by allowing for an examination of the effects of case and offender characteristics across the full distribution of sentence lengths for a given sample of offenders. The analysis of the distribution of sentence lengths with quantile regression models allows for an examination of questions such as: Do offender characteristics, such as race or offense severity, have the same effect on sentence length for the 10% of offenders who receive the shortest sentences as they do for the 10% of offenders who receive the longest sentences? I illustrate the application and interpretation of these models using 1998 sentencing data from Pennsylvania. Key findings show that the effects of case and offender characteristics are variable across the distribution of sentence lengths, meaning that traditional linear models assuming a constant effect fail to capture important differences in how case and offender characteristics affect punishment decisions. I discuss the implications of these findings for understanding sentencing disparitites, as well as other possible applications of quantile regression models in the study of crime and the criminal justice system.     

Self-serving aspects of social cognition among adult offenders

Abstract

The different cognitive beliefs about offending exhibited by offenders are discussed. The question addressed in this paper concerns the extent to which beliefs and social knowledge about offending differentiate between different characteristic types of offending (drug abuse, theft, sexual and violent). Two hundred and ninety adult male prisoners in four Taiwanese prisons provided self-reported criminal histories. From these a crime index indicative of the proportion of offences of each type (or specialism in offending) was calculated for each offender. Offenders legitimize their own offending while they tend to regard the offences of others negatively. In this way, cognitive representations may reinforce an offender's specific pattern of criminal acts while also insulating them from pressures towards other criminal activities. Evidence is presented that offenders' social knowledge development is consolidated around crime themes.     

激情犯的基础理论与立法问题研究

虽然尚未进入中国的刑事立法与司法解释,但对于社会公众而言,激情犯早已不是陌生的话语.以激情犯为由要求对具体案件中的被告人从宽处罚的情形在司法实践中也屡见不鲜.但是激情犯所实施的都是严重侵害他人生命权或健康权的犯罪,欲将之用作对被告人从宽处罚的情节,必须遵循罪刑法定原则,通过立法对之进行严格的限定,否则结果可能会适得其反.首先参考国外刑事立法,介绍了激情犯的概念、特征、构成要件及处罚原则.此后,从情节适用的确定性与刑罚裁量的统一性两方面论述了对激情犯进行立法必要性,并立足于理论现行立法剖析了立法的可行性.最后,就激情犯的立法模式、认定标准、激情诱因及处罚原则等问题进行了探讨,并提出了具体的立法建议.     

Demeanor,sex, and race in police processing

Recent increases in arrests of women have stimulated much controversy about the causes and extent of female crime and created much speculation about the differential treatment of female offenders by police officers. This article reports an empirical study of police processing of female offenders. During September–December 1978, 282 questionnaires were completed by police officers and detectives in a large, metropolitan area in a southeastern state. Each officer was asked to indicate a police decision in five hypothetical situations which varied by types of offense, race of the offender, sex of the offender, and demeanor of the offender. An analysis of the responses of the police officers indicates that decisions of police are not contingent on the sex and race of the offenders. The major variables in determining how police officers will respond are the nature of the offense and the manner in which the offender behaves when confronted by the officer.     

A multivariate analysis of sex offender recidivism

Sex offender recidivism risk is a multifaceted phenomenon requiring consideration across multiple risk factor domains. The impact of treatment involvement and subsequent recidivism is given limited attention in comparison to other forensic mental health issues. The present analysis is a retrospective study of sex offenders treated at a secure facility utilizing a cognitive-behavioral program matched with an untreated correctional sample. Variables studied included demographic, criminal history, offense related, and treatment progress. Recidivism was assessed through arrest data. Multivariate analysis suggests that recidivism is significantly related to quality of treatment involvement, offender demographics, offense characteristics, and criminal history. Successfully treated offenders were significantly less likely to subsequently reoffend. Recidivists were also significantly younger, less likely married, had engaged in more victim grooming or less violent offending behavior, and had significantly more prior property charges. The authors discuss the clinical and policy implications of the interrelationship between treatment involvement and recidivism.     

Effects of offender gender on prosecutorial decision-making

This article addresses the extent to which an offender’s sex and the type of offense influences decisions made by prosecuting attorneys in criminal cases. Prosecutors in one south-eastern state were asked to decide initial charging, plea negotiations, and sentence recommendations in two hypothetical crime scenarios. The first scenario depicted a gender-neutral crime; the second described a traditionally masculine crime. The sex of the offenders was varied in two different versions of the scenarios. The findings reveal that prosecutors treated the male and female offenders differently. In particular, prosecutors recommended harsher sentences for the female offender, regardless of the type of offense. Authors are listed in alphabetical order.     

关于“教唆不满十八周岁的人犯罪的,应当从重处罚”的理解与适用

我国通说的刑法理论认为犯罪主体必须具有刑事责任能力,无刑事责任能力之人实施的危害行为不构成犯罪;同时,教唆不具有刑事责任能力之人实施"犯罪"构成间接正犯,对其也可以适用刑法第二十九条第一款的规定即从重处罚。这种观点一方面认为无刑事责任能力之人实施的危害行为不构成犯罪,另一方在他人教唆的情况下,无刑事责任能力之人却又可以实施"犯罪,"这种解释显然无法成立。