审讯策略探讨（下）

(接上期)四、审讯策略及其运用审讯是一种特殊的侦查活动,它是在初查或者秘密侦查取得进展的基础上,由侦查人员根据已掌握的证据,对犯罪嫌疑人进行面对面的讯问、质证和调查。也是侦查人员与犯罪嫌疑人短兵相接,运用智慧和谋略所进行的一场决战。孙子云:“上兵伐谋”,因此,审讯     

“夸大”策略在职务犯罪审讯中的运用

核心提示:根据作用于犯罪嫌疑人心理方式的不同,审讯策略分为施压型策略和引导型策略.施压型策略,可以通俗地称之为"夸大"策略,是指审讯人员通过对模糊语言、肢体行为、虚拟情景的合理运用,放大犯罪嫌疑人的心理错觉,给嫌疑人施加压力,促使其作出供述."夸大"策略可以通过夸大犯罪性质、证据、后果、办案手段等方式进行."夸大"策略包含一定的欺骗性因素,使用时必须注意方式方法和合理的限度,避免出现违法结果.     

略论贪污贿赂罪案的审讯

审讯是检察机关办理贪污、贿赂等职务犯罪案件在预审阶段依法讯问犯罪嫌疑人的一项重要侦查活动。研究和准确掌握贪污、贿赂罪案犯罪嫌疑人在审讯时的心理现象和心理变化,以及产生这些心理现象和心理变化的因素,并适时运用科学、巧妙的审讯方法和策略,突破犯罪嫌疑人的心理防线,是搞好审讯工作、促使犯罪嫌疑人认罪服法的重要途径之一。     

浅谈专业化审讯的常模构建

每次审讯中不同的审讯人员对不同条件、不同事实、不同犯罪嫌疑人的审讯会出现各种状况与形态,对此侦查人员只能就案论案,因人施策,实践中审讯也无千篇一律章法,不过审讯的策略与方法则是可以借鉴与利用的,我们应该在日常的审讯中将审讯常模提炼、总结、充实,最后达到专业化审讯常模的构建。     

女性犯罪嫌疑人在审讯过程中的心理变化研究

探索犯罪嫌疑人在被审讯中的心理形成、变化及各种反应,把握犯罪嫌疑人在侦查阶段心理的行为特点,这对攻破犯罪嫌疑人的心理防线,抓住审讯的核心,提高讯问质量至关重要。     

外国审讯奇招

美国：在美国,审讯犯人时,警察喜欢使用＂诚实剂＂和＂测谎器＂。＂诚实剂＂是一种注射液,能使犯罪嫌疑人的意识进入一种假眠状态,但不影响其下意识活动。这样,犯罪嫌疑人就会＂不由自主地供出知道的一切＂。     

浅论讯问过程的透明与公开

云南民警杜培武惨遭刑讯逼供,被判死刑,后又无罪释放。该事件震惊全国,云南连续公布了若于决定和措施,整肃刑讯逼供的违法行为。云南省人大做出《关于重申严禁刑讯逼供和严格执行办案时限规定的决定》。云南警方已设立了六道防线,其中包括审讯犯罪嫌疑人时,应有两名以上警察在场,在场警察不制止刑讯逼供要负连带责任;审讯场所要张贴“严禁刑讯逼供” 的警示标     

“六攻律”在全程同步录音录像活动中的运用

为了适应全程同步录音录像的实战要求,使侦查审讯活动进一步规范化,根据犯罪嫌疑人供述认罪的六大基本规律。经过大量的审讯实践,总结出了“六攻律”的基本对策和方法。心理误区的攻击规律和审讯方法;心理限制的攻击规律和审讯方法;心理置换的攻击规律和审讯方法;意识经验的攻击规律和审讯方法;人格倾向的攻击规律和审讯方法;“需要”理论的攻击规律和审讯方法。“六攻律”不仅能够规范审讯方法,减少审讯人员的随意性和盲目性,而且能够有效地打击犯罪,有着很强的实战性。     

论疲劳审讯的认定标准

《关于建立健全防范刑事冤假错案工作机制的意见》明确疲劳审讯所获供述应当排除,但认定疲劳审讯成为司法难题,大部分学者主张明确疲劳审讯的时间界限并提出了不同方案。比较法的经验表明,损害了被讯问人的自由意志而非造成剧烈疼痛或痛苦,被作为非法口供排除的重要标准,涉及疲劳审讯时也没有例外。刑事司法高度依赖口供、犯罪嫌疑人权利保障不足、审判中立性有待加强,以及侦查人员在看守所内外都可以不同程度地控制犯罪嫌疑人的睡眠和休息,都是明确疲劳审讯时应当考虑的因素。犯罪嫌疑人到案后,连续讯问超过12小时,24小时期间内不能保证6小时的连续休息的,可以视为疲劳审讯,同时需要加强配套措施建设。     

浅析犯罪嫌疑人在审讯中常见的心理特点及应对策略

本文通过运用心理学理论,分析了犯罪嫌疑人在审讯中常见的侥幸、畏罪、悲观和抵触四种心理特点,并对如何突破犯罪嫌疑人心理特点提出了应对策略,有一定的借鉴意义.     

POLICING MENTALLY DISORDERED SUSPECTS: A REEXAMINATION OF THE CRIMINALIZATION HYPOTHESIS*

The criminalization hypothesis is based on the assumption that police inappropriately use arrest to resolve encounters with mentally disordered suspects. The current study uses data collected from two large‐scale, multisite field studies of police behavior‐the Project on Policing Neighborhoods (POPN) conducted in 1996–1997 and the Police Services Study (PSS) conducted in 1977‐to examine the relationship between suspect mental health and use of arrest by police. Multivariate results show that police are not more likely to arrest mentally disordered suspects. Implications for future research on the criminalization hypothesis are discussed.     

An analysis of how the police ‘caution’ is presented to juvenile suspects in England

In England and Wales, suspects must be given a police caution before they are questioned. The purpose of the caution is to explain a suspect's right to silence as a protection against self-incrimination. However, the evidence on whether the caution fulfils its purpose is limited. The aim of the present study was to describe how cautions were delivered in interviews with juvenile suspects in England. First, the study set out to describe how the caution was delivered to suspects during actual police interviews. Second, the study examined whether suspects claimed or demonstrated understanding of the caution. Third, the study analysed how the caution was explained by police officers. In total, the study examined 38 cautions from 31 interviews. The results indicated that police officers delivered the caution at a speed that is likely to be too fast for juvenile suspects to comprehend. Juvenile suspects often claimed to understand the caution, but when asked, failed to demonstrate comprehension. On the other hand, police officers often explained the caution to juvenile suspects, but not always correctly. Both suspects’ and police officers’ explanations of the caution revealed several misconceptions. The results suggest that the caution may not safeguard suspects as intended.     

影响警察武力使用的若干因素

警察武力使用是警察进行自我防护与打击制服罪犯或犯罪嫌疑人的重要手段。法律、技战术、心理以及装备等因素都对警察武力使用有影响,应提高警察武力使用的水平,增强警察武力使用的效果,使警察在执法实践中能依法、及时、有效地使用武力,确保自身安全,顺利完成职责任务。     

To bite or not to bite: Canine apprehensions in a large, suburban police department

There is a dearth of empirical research on the use of police canines. This article examines the use of canines in a large, suburban police department over a six-year period (1993-1998). Use of force reports, canine-apprehension reports, arrest data, and the canine unit's monthly activity reports were reviewed. Five rates were calculated: (1) canine-apprehension rate, (2) canine bite rate, (3) rate of bites resulting in any medical treatment, (4) rate of bites resulting in medical treatment at a hospital, and (5) officer injury rate. Of the suspects apprehended by canines, 14.1 percent were bitten, 9.1 percent received medical attention (on the scene or at a hospital), and 4.8 percent received medical attention at a hospital. The canine bite rate was significantly lower for non-White suspects than for White suspects. The use of rate-based information for the evaluation of policy and procedure concerning the use of police canines is discussed.     

Exploring the Disclosure of Forensic Evidence in Police Interviews with Suspects

Despite many years of empirical research focusing on investigative interviewing and detecting deception, very little research attention has been paid to the various types of evidence which feature in police interviews with suspects. In particular, the use of forensic evidence in the context of police interviews has not been previously considered, although in recent years the availability of various types of forensic analyses has dramatically increased. In the current study 398 experienced police interviewers from various countries completed a questionnaire about their experience of using various types of forensic evidence in interviews with suspects, as well as their perceptions regarding the strength of various sources of forensic information and how this may affect their interviewing strategy. The results indicated that although the participants have forensic evidence available in a large proportion of their interviews with suspects, the vast majority of police interviewers have received no training about how to interpret or use such forensic information. However, the perceived strength of forensic evidence was reported by some participants to affect their interview strategy and specifically the timing of the disclosure of such evidence during an interview. These findings are discussed with reference to police training and interview techniques, and suggestions for further research are offered.     

Uncertainty and the use of force among Venezuelan police officers

Literature often emphasizes the use of force as a distinctive feature of police work, while risky encounters and uncertainty are conditions under which such work is carried out daily. Conditions leading to the use of force by the police have been associated with the presence of menacing minorities, losing verbal control, the youth and lack of experience of officers, and critical physical proximity between officers and suspects. Additionally, defiance towards the police has often been linked to increased force used by the police. It is here proposed that uncertainty also fosters police officers’ dispositions to use force. In this study, four focus groups were conducted with officers from two Venezuelan municipal police departments in October 2003, presenting a hypothetical scenario progressing from contact with suspects towards an open confrontation involving a shooting. Officers perceived, through different phases of the scenario, an encounter of no easily predictable outcome with suspects, involving potential harm to the police and bystanders. A pattern seemed to appear among officers in which overcoming real or assumed resistance became the central issue. When physical confrontation with suspects became evident, self defence was the clearest justification for the use of force, though the use of force was also defended by officers without further elaboration on the requirements and conditions for effectively thwarting aggression. It appears that uncertainty about the outcome of a situation fosters both the disposition and the justification for using force.

---

POLICE DISRESPECT TOWARD THE PUBLIC: AN ENCOUNTER‐BASED ANALYSIS*

We use observations of police encounters with 3,130 suspects in Indianapolis and St. Petersburg to estimate three influences on police disrespect: how suspects behave, their personal characteristics, and the location of the encounter. Logistic regression models show that suspects' behaviors were the most powerful predictors, but the suspect's sex, age, income, and degree of neighborhood disadvantage were also significant. Minority suspects experienced disrespect less often than whites (statistically significant in the hierarchical analysis controlling for degree of neighborhood disadvantage). These effects are concentrated in St. Petersburg, where the chief had made the suppression of police abuses a visible priority. The findings offer partial confirmation of Donald Black's theory of law.     

Differences in personality and mental state between suspects and witnesses immediately after being interviewed by the police

Abstract

There is increased recognition that people interviewed by the police are often psychologically vulnerable due to modest intelligence, mental health problems, disturbed mental state, and personality problems. The current study aimed to investigate differences in the mental state and personality between suspects and witnesses. The participants were 78 individuals (47 suspects and 31 witnesses) who had been interviewed by the Icelandic police. They were assessed psychologically immediately after the interview with the police was completed. Significant differences emerged between the two groups with the suspects being more depressed, hopeless, compliant and personality disordered than the witnesses. Four of the suspects claimed to have made a false confession to the police due to their immediate need or psychological problems.     

“Drop the clipboard and help me!”: The determinants of observer behavior in police encounters with suspects

Much of the knowledge about police behavior on the streets is based on observational research. Little research, however, had examined the impact of reactivity in police observational data. One theme in the field research literature was that observer behavior could act as a source of bias in observational data. This article uses data from a large-scale observational study of police to predict this form of reactivity during encounters with suspects. In other words, “Are observer effects triggered by situational factors (i.e., dangerous suspects or situations) or a function of observer characteristics?” Results from a two-level hierarchical logistic model indicated that observers with higher academic rank (e.g., advanced graduate students), lower grade point averages, and more conservative attitudes toward criminality were less likely to get involved in police work during encounters with suspects. The implications of these findings for recruiting and training police researchers are discussed.     

Explaining suspects' resistance and disrespect toward police

The importance of suspects' resistance toward police officers has almost always been described in terms of its influence on police behavior. Given the centrality of citizens' resistance in the literature on police behavior, it is surprising that so little attention has been focused on explaining suspects' resistance independent of its influence on police behavior. This research examined the factors influencing multiple measures of suspects' resistance using systematic observation data collected in 1977 from twenty-four departments in three metropolitan areas. The findings show that non-White suspects were more likely to be noncompliant toward White officers but were not more likely to show more aggressive forms of resistance (e.g., verbal aggression, physical aggression, or disrespect). In addition, female suspects were more likely to be disrespectful toward officers compared to male suspects. The relevance of these findings for future research is discussed.