试述杀人案中熟人关系的刻画

现场分析在命案侦破过程中起着重要作用,案犯刻画是现场分析内容之一,现场分析时如能刻画为熟人作案,无疑对确定侦查方向具有重要价值。以往有学者从不同角度论述过如何判断犯罪加害人与被害人之间的关系,而随着社会的不断发展,人们获取各类知识和能力的途径也在不断增加,犯罪形式和作案手段也呈多样化改变,有些案件加害人的反侦查意识也在不断提高,传统的经验和判断指标在现有的案件中需要加以补充和修正。因此,有必要对如何判断熟人作案进行重新梳理,以适应现场分析的需要。     

论电信网络诈骗犯罪中被害人错误的判断体系——以被害人教义学为视角

伴随着人工智能与大数据技术的发展,电信网络诈骗犯罪呈现发案率高、危害性大且犯罪类型多的特征。在司法实践中,并非只要被害人基于错误认识处分财物的行为,均被认定为诈骗罪。行为客观事实是否被认定为诈骗,还需从刑法教义学立场进行检视,从被害人自我保护和刑法最后手段原则展开研究。被害人教义学中的被害人错误认识与法益保护存在着一定的关联性,应多维度审视。由于被害人错误认识的差异性,因而决定着法益保护的范围与刑事处罚的范围也不同。司法实践中在考量诈骗犯罪事实时,应由单维视角转向二元主义视角,明晰被害人错误认识的程度,坚持刑法客观主义立场,遵从罪刑法定原则。     

„So,what's a hate crime anyway?” young adults' perceptions of hate crimes,victims, and perpetrators

Male and female young adults provided responses to open-ended questions about hate crimes. Results indicated considerable variability in their definitions, with perceptions of hate crimes differing with regard to demographic characteristics of both victims and perceivers. Victims may experience hate crimes differently because of who they are, why they are victimized, and with whom they share their experiences. In a separate study, males and females each evaluated a scenario of a hate crime perpetrated upon a male or female victim. Whether the crime was described as motivated by racial or religious bigotry, heterosexism, or was ambiguous was systematically varied. The demographic status of the participant appeared to determine how disruptive they regarded the crime scenario, and the likelihood that they would report personal knowledge of a victim of a similar type of assault. None of the participants was likely to report knowledge of a victim of a heterosexist assault. Policy implications of results from both studies are discussed.     

THE EFFECT OF VICTIM PARTICIPATION IN SENTENCING ON SENTENCE OUTCOME *

The role of victims in the criminal justice process has been a neglected area of research. In the past two decades, however, victims of crime have received increased attention, and recently this attention has centered on the involvement of victims in sentencing. This paper addresses the concerns of critics of the involvement of victims in sentencing and assesses the impact of victim participation on sentence outcome using felony crimes in one midwestern county. Analysis reveals that filing a victim impact statement has some effect on sentence outcome (probation versus incarceration), although offense and offender characteristics are of primary importance. Victim requests for a particular sentence do not influence the choice of sentence. Legal considerations largely explain length of imprisonment, although several of the victim-related variables have explanatory power. The implications of these results for the debate concerning victim participation are discussed.     

Human trafficking and criminal proceedings in Portugal: discourses of professionals in the justice system

Since the adoption of the UN Trafficking Protocol in 2000, the predominant approach to combat human trafficking has been based on the criminalization of traffickers in conjunction with a concern for victims’ protection. However, few empirical studies considered the effectiveness of those measures, which makes it difficult to understand why criminal cases of human trafficking generally result in few convictions. In Portugal, recent legislative changes have made the legal framework on human trafficking more comprehensive, inclusive and convergent with European directives. The effects of the implementation of those legislative changes on investigation and prosecution are still overlooked. The present study analyses the discourses of justice system professionals that concern the investigation and prosecution of human trafficking. It examines and identifies the factors that, in their perspective, block the recognition of the typifying elements of the crime of human trafficking and create obstacles to the prosecution and conviction of those crimes. Our findings suggest that legislative advances recognized by the participants need to be accompanied by other changes, some of a more systemic nature and others that are more specific. An efficient criminal procedure should include better legal phrasing of the means of evidence of human trafficking that is supported by objective instruments for this to be considered valid; the centralization of proof that the testimony of the victim has to overcome; specialized professional training of an ongoing nature; an efficient cooperation between the various law enforcement agencies at the national and international levels, with public prosecution services and magistrates; a greater clarification of the condition of the special vulnerability of victims and an informed perspective regarding the global nature of the phenomenon of human trafficking, one that is also sensitive towards the victim (e.g., in relation to the victims’ vulnerability, illegal status, and their difficulties in terms of social and cultural integration).     

Consistency in crime site selection: An investigation of crime sites used by serial sex offenders across crime series

PurposeKnowing sites used by serial sex offenders to commit their crimes is highly beneficial for criminal investigations. However, environmental choices of serial sex offenders remain unclear to this date. Considering the challenges these offenders pose to law enforcement, the study aims to identify sites serial sex offenders use to encounter and release their victims and investigate their stability across crime series.MethodsThe study uses latent class analysis (LCA) to identify victim encounter and release sites used by 72 serial sex offenders having committed 361 sex offenses. Additional LCA are performed to investigate the stability of these offense environments across offenders' crimes series.ResultsDistinct profiles of crime sites that are recurrent across crime series are found, suggesting that serial sex offenders present a limited diversity of victim encounter and victim release sites. Encounter sites representative of longer crime series are also identified. Specifically, the use of sites known to "attract" potential victims decreases over series and offenders become more risk-taking in regard of sites used to encounter their victims.ConclusionsThe study identifies patterns of site- selection for the victim encounter and release in cases of serial crimes. Implications for crime linkage and police investigations strategies are discussed.     

Understanding Victim Support as Crime Prevention Work: The Construction of Young Victims and Villains in the Dominant Crime Victim Discourse in Sweden

Starting from the observation that a new victim category has emerged in the form of the ‘young crime victim’, this article explores the notion of support to young crime victims as crime prevention work, considering it as an important constituent of the dominant crime victim discourse among support professionals. In the context of the support work, the (young) ‘victim’ and the (young) ‘villain’ provide mutually necessary counterparts constructed in relation to each other. Corresponding to this division, two approaches in criminal and crime prevention policy and practice are then analysed using Garland's notions of ‘the criminology of the self’ and ‘the criminology of the other’. The first of these strategies is generally associated with rehabilitative measures (with the resulting normalization of the crime, its victims, and villains), while in the second punitive measures remain the norm (with the crime, its victims, and villains becoming ‘Otherized’). Yet, as shown within the context of rehabilitation organized as support to young crime victims, both of these (at first glance mutually contradictory) discourses are drawn upon and operationalized by the professional support staff constructing images of young victims and villains in their daily work. Help-seeking youths resistant to identifying as victims remain represented as (possible future) villains.     

论被害人过错影响刑事责任之正当依据

有关被害人过错影响刑事责任的正当依据主要存在"风险创设"、"比较过错"、"值得保护"以及"自我答责"、"期待可能性"几种代表性的理论。这些理论在一定程度上说明了被害人过错影响刑事责任的正当性基础,但这些理论的共同缺陷在于:首先,脱离刑事责任的内在结构本身,片面地理解犯罪构成对刑事责任的决定性作用;其次,将被害人过错理解为纯客观情境因素,无视被害人这一"人"的能动要素对犯罪构成各个层面的复杂、全面的影响。因此,这些理论的解释力和说明性都是有限的。只有从刑事责任的内在构造入手,分析被害人过错对刑事责任内在构成要素的全面影响,才能真正探寻到被害人过错影响刑事责任的正当依据。     

Ecological considerations in victim reporting to the police

A review of recent criminological literature suggests that different systems of social control operate across the urban-rural dimension. Specifically, it is expected that victims in urban areas will report crimes to the police at a higher rate than victims in surburban and rural areas. Moreover, it is anticipated that urban, suburban, and rural victims will have different reasons for not reporting the crime. In this paper these issues are examined empirically using the National Crime Survey victimization data. These data show that, contrary to theoretical expectations, the extent of victim reporting does not vary across the urban-rural dimension for the crimes of rape, robbery, assault, and personal larceny. Characteristics of the offense, notably seriousness, are shown to be more important in victim reporting than the extent of urbanization. In addition, these data indicate that victim residence in conjunction with type of crime and victim-offender relationship has an influence on the reasons selected by victims for not reporting the crime to the police.     

On Mimicry and the Psychology of the Belief in a Just World: Imitating the Behaviors of Others Reduces the Blaming of Innocent Victims

Innocent victims of crime are often blamed for what happened to them. In this article, we examine the hypothesis that victim blaming can be significantly reduced when people mimic the behavior of the victim or even a person unrelated to the crime. Participants watched a person on a video after which we assessed the extent of their spontaneous mimicry reactions (Study 1) or participants were instructed to mimic or not to mimic the movements of this person (Study 2). Then, they were informed about a rape and criminal assault and judged the degree to which they thought the victims were responsible for the crime. One of the crimes happened to the same person as the person they previously did or did not mimic. The other crime happened to a person unrelated to the mimicry situation. Results of both studies revealed that previously mimicking the victim or an unrelated person reduced the degree to which victims were being blamed.     

Some reflections on the legitimacy of international trial justice

This paper addresses a number of interrelated conceptual difficulties that impact adversely on the ability of international criminal trials to deliver outcomes perceived as legitimate by victims and communities in post-conflict states. It begins by exploring the extent to which those moral justifications for punishment espoused by international courts are instrumental in marginalizing the aspirations for justice of victims and victim communities, and suggests how a greater appreciation of the sociological context of punishing international crimes can contribute towards an improved understanding of normative practice. The paper then examines the relationship between perceptions of international crime and punishment, and the broader issue of whether international criminal law provides an appropriate normative structure for giving effect to those universal humanitarian values concerned with punishment in an increasingly pluralistic world. Finally, the paper considers how the theory and practice of punishing international crimes can more effectively satisfy both local and global aspirations for post-conflict justice through enhancing the transformative capacity of international criminal trials.     

我国刑事被害人社会补偿制度之构建

以犯罪人为中心的刑事政策使被害人权利遭到严重忽视,尤其在经济上难以获得充分赔偿,易于导致被害人的"二次伤害"。建立刑事被害人社会补偿制度,将刑事被害人的权利保护纳入社会保障法体系范畴已被世界多国选择。我国应引入社会补偿制度,重新审视国家与社会、救助与补偿之间内涵与区别,明晰刑事被害人社会补偿制度的性质,构建补偿对象清晰、补偿条件明确、资金来源充裕、管理机构权威的刑事被害人社会补偿制度,以实现我国刑事被害人权利的充分保障。     

Victim participation in criminal trials in Japan

Since 2000, the Japanese Code of Criminal Procedure has been revised twice to introduce into criminal trials two systems of victim participation: the Victim’s Statement of Opinion (VSO) and the Victim Participation System. This study addresses the impact of those systems on decision-making in criminal trials, with special focus on the impact on sentencing. Following a literature review are the early findings from my psychological experiment which focuses on sentencing by lay judges. The results indicate that information concerning crime victims does have an impact on sentencing, but it is immaterial whether or not the information is submitted through recently introduced systems. Evaluations of those systems from the perspectives of crime victims also indicate that they tend to evaluate at least the VSO positively, regardless of the statements’ perceived lack of impact on the outcome.     

论恐怖主义犯罪中被害人的保护

我国已经初步建立起了一套打击恐怖主义犯罪的法律体系,我国反恐怖犯罪的刑事法律在不断的完善与发展,对恐怖主义犯罪的打击也日趋成熟。在打击恐怖主义犯罪的同时,我们应该对因此而产生的犯罪被害人予以高度的关注,立足于对被害人自身特点的分析,通过对我国目前法律制度上的改革来保护被害人的合法权益。     

指导性案例对网络非法集资犯罪的界定

鉴于非法集资犯罪所具有的涉众型特征和引发次生风险的严重社会危害性,这种犯罪目前已经成为我国司法领域打击的重点。尽管我国若干司法解释确立了非法集资犯罪的外延和特征,但随着互联网的快速发展,非法集资依托于金融科技的发展和新出现的金融产品,衍生出翻新变化和日趋复杂化的集资犯罪手段,导致对于非法吸收公众存款罪成立的四个特性、集资诈骗罪的以非法占有为目的、刑事政策的把握等关键性问题,在司法操作中存在众多的认定盲区和难点。在维持既有司法解释相对稳定性的前提下,为了明确新型网络非法集资犯罪的法律适用标准,加强案例指导和发挥指导性案例的"轻骑兵"作用,最高人民检察院在发布的两批关于金融犯罪的指导性案例中,均涉及到非法集资犯罪,界定了在打击集资诈骗罪、非法吸收公众存款罪中,如何在形式层面与实质认定方面适用刑事法律规范,同时注重法律效果和社会效果相统一的问题,从而形成司法解释与指导性案例之静态与动态相结合的司法适用架构。     

Same Question,Different Answers: Theorizing Victim and Third Party Decisions to Report Crime to the Police

The current study attempts to address a key, but underdeveloped, area in crime reporting literature: the decisions of non-victims to report crime. Drawing on a theory of criminal justice decision-making, we argue that the decision to report a crime reflects a rational process, where the individual considers his or her goals, potential actions, and the relative ability of those actions to achieve the specified goals. Differences in each of these areas result in different decision-making processes for victims and third parties. We offer a preliminary test of our arguments using data from the National Crime Victimization Survey. In general, we find support for our expectations, with third party reporting decisions more heavily influenced by crime seriousness and less so by the offender’s relationship with the victim than are victim reporting decisions. In concluding, we argue that third party reporters should be focal points of future reporting analyses.     

Revolving Roles in Drug-Related Crime: The Cost of Chronic Drug Users as Victims and Perpetrators

Numerous studies have established a strong connection between the use of illicit drugs and the commission of other illegal activities, including both predatory and property crimes. No study, however, has examined the cost of crimes associated with drug users both as victims and as perpetrators. In the present study, recent data were analyzed from a targeted sample of chronic drug users (CDUs) and a matched sample of non-drug users (NDUs) in Miami-Dade County, Florida, to estimate the incremental cost of crime associated with CDU. Two separate models were employed to estimate (1) the probability of being a victim or a perpetrator of crime and (2) the cost of crime for both situations. The cost measures were transformed to reduce the influence of extreme outliers, and a smearing technique was used to compare the cost of crime for CDUs relative to NDUs. The findings illustrate that criminal activity among CDUs is circular, extensive, and costly. Implications for law enforcement, criminal justice policy, and substance abuse treatment are discussed.     

Negotiating a Victim Identity: Young Men as Victims of Violence

This article is based on an interview study of how 10 young male crime victims talk about violent events and actors involved. It focuses on how the young men present their identities as ‘young men’ who have been victims of violent crimes. In their narrations the men struggle with a cultural understanding that ‘masculinity’ is associated with strength and power, while ‘victim’ is associated with weakness and impotence. During the interviews the young men actualize several balancing acts in their presentation of themselves as men and victims in a delicate manner by use of specific word choice, manner of speaking, laughter, etc. The young men are negotiating a victim identity; they portray themselves by careful positioning as both victims and strong, active young men. By this discursive balancing of identities the young men present themselves as manly at the same time as they present themselves as victims. In collaboration with the interviewer the participants negotiate how they want to be known: as ‘victim-worthy’ young men, with associations to a ‘hegemonic manliness’.     

论刑事被害人的心理损害及其援助

刑事被害人的心理损害是被害人心理学的一个重要研究课题，但由于受到当前以预防犯罪为主的刑事政策的影响，这一课题一直没有得到应有的重视。刑事被害人心理损害有明确的范围，分析研究其产生形成的原因和表现症状，在此基础上，提出制定相应的被害人援助方案。